CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 1ST, 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 MIDDLESES, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 1st February, 1847, and following Days.
Before the Right Hon. SIR GEORGE CARROLL , Knt., LORD MAYOR of the City of London; Sir Edward Hall Alderson, Knt., one of the Justices of Her Majesty's Court of Exchequer; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Sir Claudius Stephen Hunter, Bart.; Sir Champman Marshall, Knt.; Thomos Kelly, Esq.; John Humphrey, Esq.; and John John Johnson, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: John Kinnesley Hooper, Esq.; and Thomas Farncomb, Esq., William Hunter, Esq.; William Hughes Hughes, Esq.; and Thomas Sidney, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of New-gate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARROLL, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelish (†) that they are known to the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 1st, 1847.
First Jury, before Mr. Recorder.
NOT GUILTY .
MR. CLARKSON. conducted the Prosecution.
JOHN CHAMP . I am a policeman, stationed at Ealing, No. 137 T. On the 20th of Jan., about four o'clock in the morning, I was on duty in the Uxbridge-road, near Ealing, and between the Green Man and the Coach and Horses, I met two of Messrs. Fountain's wagons—I did not see either of the prisoners at that time—the wagons were loaded with flour—I saw a truss of hay behind each wagon—in consequence of information, I folded a piece of paper, and put a piece into each truss—the teams stopped at the Coach and Horses, as I expected they would—while there I saw Newell, who is ostler at the Coach and Horses, take a truss of hay from behind each wagon, and place it in the shed where he keeps the corn—it was clover and grass together—Barber and Foster were not standing by—they were in the house, I believe—I procured assistance, and went after the teams—I asked a boy, who was with the wagons, if they had left any hay at the Coach and Horses—he said, "No"—the prisoners Barber and Foster were one in each wagon—I spoke to the boy loud enough for them to hear—I then asked Barber, and he said he had—he did not give me any reason why he had done it—I then went to the other wagon, and asked Foster if he had left any hay there—he said he had not left any, and never did leave any, and did not know that any was gone—I then went to the Coach and Horses, and found the two trusses of hay in the shed—they were the same which I had marked—Newell had been to bed—he got up, and came down to the door when I went to his house, I asked if he chose to give any account of how he became possessed of the hay—he said, "I suppose
you know how I got it"—I asked him if he had any objection to my taking possession of it—he said, "If you take it away, I shall expect you to bring it back again, but you may take it if you like"—on their return with the teams from London I took Barber and Foster into custody—I knew the wagons of Messrs. Fountain—Barber and Foster were in the habit of coming up with them—I have seen them stop at the Coach and Horses.
Barber. I was riding on the wagon, and heard him say to my little boy, "Have you left any hay?" I looked out of the wagon, and said, "Yes, because I had more than my horses would eat, and my hay would be all right when I came back." Witness. I did not hear anything of the sort.
Foster. I did not know the hay was off the wagon.
Newell. The policeman called me up; he was standing at the door, drinking with me when I went to take the hay in; I had been having three parts of a pot of beer with him. Witness. I had been drinking with him in the course of the night, but not then—after he got the hay he asked me if I would have part of a bottle of sherry, or some brandy and water.
Barber. The policeman told me himself that he stood at the door at the time Newell took the hay and put it in the shed, and he said, "I am going to take it and put it in the shed till the men come back." Witness. He did not say anything of the sort—he tried to prevent my seeing where he took the hay to—he went round the back of some carts, instead of going straight up the road.
THOMAS ROBERTS (Police-constable T 131.) On the 20th of Jan., at five o'clock in the morning, I went with Champ to the Coach and Horses, and found the two trusses of hay with the paper in them, which he had put there—I asked Newell how he accounted for the possession of them—he said they were left there by Mr. Fountain's men—I told him I should take possession of them till I had communicated with Mr. Fountain—I took Newell into custody, with the hay.
EDWARD FOUNTAIN. I am in partnership with my brother, as millers at Hillingdon. Barber and Foster have been in our service—they were so on the 20th of Jan. last—it was their duty to drive two wagons laden with flour early that morning—I have seen the two trusses of hay taken by the policeman from the Coach and Horses at Ealing—I believe it is my property—the prisoners had no authority whatever from me to leave, or consent that Newell should take any portion of my hay into the Coach and Horses—my instruction were for them not to take any quantity that they could make away with—they were not allowed to take half the quantity they did take—they took what they had, themselves—I have told them repeatedly what they were to take, and they both knew—that day the horses went twenty-two or twentythree miles out—they had other bait in their nose-bags, independent of the hay—I know of no reason for leaving either the trusses, or any other quantity of hay belonging to me for my horses at the Coach and Horses, or I should not have appeared here as a prosecutor—they would come back to the Coach and Horses and have a bait there—that was their only baiting place—if they wanted hay, it must have been to feed the horses on the road—they had a sack of bran, chaff, and beans, besides the nose-bags—I had refused them having hay for some time, and they reported that their horses did not go on as well without it, and I allowed them to take a small quantity for the purpose of feeding on the road, and only that—I allowed them to put up at the Coach and Horses for bait, with what they had with them—they had my orders expressly not to take hay in trusses behind the wagon for the purpose of the horses—the quantity they had, exceeded what they could have any occasion for.
Barber's Defence. The reason I left my hay behind was, that the man that cuts the chaff had not been well, and we had no chaff for our horses; the truss I had behind my wagon I opened on Tuesday afternoon, and cut some to take with me to London on Wednesday morning; I cut a bit to put into the nose-bags, and another bit to give them in London; I gave the ostler charge to take care of the rest till I came back.
Newell's Defence. They ordered me to take it off, and I did; I did not deny having the hay when the policeman came; a great many men leave their hay with me of a morning, to save taking it to London.
MR. FOUNDATION re-examined. Barber has lived with me some years, and conducted himself well—I told them not to take more then half a truss—they had to go twenty-two miles out and twenty-two miles home—it was rather a longer journey than usual for Barber, but not for Foster.
NOT GUILTY .
NEW COURT.—Monday, February 1st, 1847.
452. GEORGE MEADE was indicted for stealing 1 waistcoat, value 16s.; 1 shirt, 2s. 6d.; and 1 flannel-waistcoat, 1s. 6 d.; the goods of Edward John Otway, his master; also for obtaining, by false pretences, 2 handkerchiefs, 1l.; 1 flannel-waistcoat, 1s. 6d.; 2 pairs of gloves, 7s.; and 1 cravat, 7s.; the goods of John Ludlam; to which he pleaded
GUILTY . Aged 28.— Confined Six Months.
(The prisoner received a good character.)
453. JOHN BORASTON was indicted for stealing, on the 11th of July. 12 yards of silk, value 1l. 4s.; and 14 handkerchiefs, 1l. 10l.; the goods of Thomas Hall and another, his masters: also, on the 16th of Oct., 18 yards of silk, 1l. 12 s., their goods; and on the 16th of Jan., 10 pairs of gloves, 10s.; 3 pairs of mittens, 2s.; 1 pair of fur cuffs, 3s.; 2 yards of parratta, 4s.; and 3 handkerchiefs, their property; to all which he pleaded
GUILTY . Aged 36.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 18.— Confined Four Months.
GUILTY. Aged 60.—Recommended to mercy. — Confined Seven Days.
GUILTY . Aged 14.— Confined Two Months.
GUILTY . Aged 40.— Confined One Month.
459. ELIZA WILSON was indicted for stealing, on the 28th of Dec., 2 handkerchiefs, value 1 s. the goods of Lewis Le Richeux; and on the 1st of Jan. 1 handkerchief, 4s., the goods of Lewis Le Richeux; and SARAH MACCASHER for feloniously receiving the same, well knowing them to have been stolen; to which
WILSON pleaded GUILTY. Aged 12.— Judgement Respited.
MACCASHER pleaded GUILTY . Aged 31.— Confined Four Months.
GUILTY. Aged 12.— Judgment Respited.
GUILTY . Aged 16.— Confined One Month.
(The prisoner received a good character.)
HENRY DALTON . I am foreman to Mr. John Brooks Hill, of Cripplegate. He is a coach-maker—I have seen the carriage lamps now produced—they are the property of Mr. Balance—they were in Mr. Hill's custody—Mr. Ballance's carriage was there for repair on the 7th of Jan.—the policeman called on me, and in consequence of what he said I looked over the carriages, and ascertained that these lamps were gone.
FREDERICK RUSSEL (City police-constable, No. 69.) I took the prisoner—there were two others with him—I lost one of them—the other I apprehended at the station—I told the prisoner the charge—he said he knew nothing about it.
Prisoner's Defence. The young man the policeman saw me with, asked me to come with him, and we went to the City; I had no money, and he said, "I will treat you to some tea;" we went to Thames-street, and we had some coffee; we came on, and another young man, and he stepped back; Pine and I went on, and the policeman came and took me; I did not know what he took me for; my brother-in-law lives with a lamp-maker; I have taken lamps for him to Mr. Brown's; the person who was with me asked me to take these lamps, and ask 12s. for them, and I did, and they gave me a crown; I gave the money and the duplicate to the other boy; the pawnbroker knows my brother-in-law.
GUILTY . Aged 17.— Confined Six Months.
GUILTY .— Confined Three Months.
WILLIAM MURRELL . I live at Ruislip. On Wednesday, the 6th of Jan., I saw the two prisoners, between five and six o'clock in the evening—they came for some bread and butter—I knew them before—I am quite sure they are the persons—they took four shillings out of a three-quarter pot on the mantel-shelf at the time I was serving them—I saw them at what they should not be at—they were reaching up at the pot—they both stood over the pot—there was 6s. 6d. in the pot—they left the shop immediately after they got the two last half-quartern loaves—I then examined my money, and four shillings were gone out of the 6s. 6d.—I pursued after the prisoners—it was very dark—I could not overtake them—I had seen them reaching up to the mantel-piece, and that made me examine the mug immediately—they stood close together, and both reached their hands up—the money had been put into the mug that afternoon, two or three hours before—no one had been in between my seeing the money safe and missing, it but the prisoners—nobody lives there but myself—I am a lone man—I have neither wife nor child.
Cross-examined by MR. HORRY. Q. When you took them first to the police-court there was no Magistrate sitting? A. No—they were allowed to go home with their mother on promising to come up again, and they did so, and their mother too—they came to my shop for bread and butter, not for bacon—they paid me a shilling for it—they did not ask for any bacon—I was not cutting any bacon—I saw them reaching up to the pot—I could not go and stop them before I got to the pot to see what was taken—I thought it very odd that they should go and put their hands—I could not stop them and serve them at the same time—I did not see their mother, and have them searched—my 6s. 6d. was put into a purse, and the purse put into a mug—I have stated that the prisoners' uncle, named Weathery, came and offered me 4s. to settle this—this is my signature to this deposition—it was read over to me.—(The deposition was here read, in which nothing was stated about the witness seeing the prisoners put their hands up to the pot.)
MR. HORRY called,
NOT GUILTY .
OLD COURT.—Tuesday, February 2nd, 1847
Second Jury, before Mr. Recorder.
466. ALICE LEE was indicted for that she, about the hour of four in the night of the 22nd of September, at St. Botolph without Bishopsgate, being in the dwelling-house of James Carroll, did steal 1 basket, value 6d.; 1 necklace, 10s.; 8 lbs. of beef, 5s.; 2 lbs. of butter, 2s., and 2 lbs., of coffee, 2s. 6d.; his goods; and at the same hour feloniously and burglariously breaking out of the said dwelling-house.
GUILTY . Aged 17.— Confined Six Months.
467. HERBERT GLENROY and MALCOLM GRAHAM were indicted for burglariously breaking into the dwelling-house of George Taylor, in the night of the 23rd January, at St. Botolph without Bishopsgate, and stealing therein 29 spoons, value 20l.; 1 sauce ladle, 10s.; 1 pair of sugartongs, 10s.; 1 pepper-box, 10s.; 1 sugar sifter, 10s.; 8 forks, 30s.; 1 pair of snuffers, 10s.; 1 plate basket, 2s.; 1 cloak, 2l.; 2 coats, 3l.; 1 shawl, 2s.; and 1 tea-pot, 10s., his goods; and that Graham had been before convicted of felony.
MARY CULLIN . I am housemaid in the service of George Taylor, of No. 53, Bishopsgate-street without—he keeps the house. On the 23rd of January I went to bed at five minutes to twelve o'clock—the house was all fastened then, except the back parlour window—I shut that down, but did not secure it—it is on the first floor over the shop—the shutter was closed, but it being over a skylight I did not think it necessary to fasten the window—it looked on to the skylight—I left Mr. Crisp, the shopman, in the parlour on the first floor—there were some tongs in the fire-place in the parlour when I went to bed—I left some plate in a basket in the sideboard cupboard, and a tea-pot in a side cupboard outside the parlour door—the sugar sifter and mustard-spoon were in a cupboard in the parlour, and the sugar-tongs in another cupboard—when I came down in the morning the two mustard-pots were on the floor, and the tea-pot on the floor by the cupboard door—I saw all the rest of the plate at the warehouse door—all the articles in question had been moved from the place they were put in the night before.
FREDERICK WILLIAM GOODALL . I am apprentice to Mr. Taylor, who is a grocer. On Sunday, 24th January, I got up about a quarter to seven o'clock—I noticed two hats lying in the hall, I opened the parlour door on the first floor, and found the window open, the sideboard and cellaret drawers were open—I went up and alarmed Mr. Taylor—he came down—at the private entrance in Widegate-street I found a pair of tongs broken, two coats, the plate basket, and two silver forks, and in the warehouse, at the side door where we load our goods, there was a quantity of silver all put regular, ready to be taken away—I went into the shop with the policeman, and saw some forks and spoons on the floor—I searched the warehouse and shop, went into the front cellar, and in a hogshead, containing sugar, I found the two prisoners—the cellar was quite away from the part where I found the plate and other articles—it would have taken some time to go into different cupboards and places and take the things—it could not be done in an hour I think—I did not come down stairs till a quarter after seven—I heard no noise when I came down—the cellar is under the warehouse—it is part of the basement of the house, and forms part of the house—you go down a ladder to it from the shop—I found the prisoners in a hogshead which was in the cellar in the house—they had caps on—the bats which I noticed belonged to Mr. Taylor,
GEORGE TAYLOR . I live at No. 53 Bishopsgate-street Without, in this parish of St. Botolph without Bishopsgate. On Sunday morning Goodall came up to my room, about a quarter after seven o'clock—I went down and found everything in confusion, and the plate in the warehouse, all ready to be put out at the warehouse door leading into Widegate-street, which is a side entrance—they were within a yard of the door—the parties must have been disturbed—we went down into the cellar and found the prisoners concealed
in a hogshead half full of sugar—they had placed the lid over the hogshead, and shut themselves in—the policeman handcuffed them and took them to the station—they must have been in the house a considerable time—they could not have been there less than three hours, as there was a difficulty in getting from on part of the house to the other, and opening the different drawers—they could get in at the window, without breaking the skylight—they could lean down to get hold of the edge of the lower sash, and then step on the window ledge—the mark of their hands and feet there were quite visible—they could get to the skylight over the next door-roof—that was traceable.
ROBERT PLOWRIGHT (City police-constable, No. 664.) I went to Mr. Taylor's house, and found the property strewed about in different parts—I found a fork in the cellar near the hogshead, and on lifting up the head of the hogshead I found the prisoners—I found a knife on each of them, and a letter on Graham, written in the Westminster prison—the hogshead was about threequarters empty—they had got in and lain the lid of the hogshead over the top—nobody would imagine anybody was inside—the top was in several: pieces.
Glenroy's Defence. I was going down Widegate-alley about a quarter to seven o'clock, I saw the side-door open, and went in to have an hour's sleep; we had nothing on us and moved nothing.
Graham's Defence. We went in at the side-door, and found the things lying about in all directions, and went in there to sleep; we had been in there three or four hours; we could have got out and taken the property; there were two side-doors which could be opened without any trouble; if we were robbers we could have got away before the people got up.
GEORGE TAYLOR re-examined. All these articles are my property—my man can prove the side-door was fast on Saturday night, and it was in the same condition when I came down in the morning—nobody could have come in at that door—it was still closed and fastened.
WILLIAM DAWSON (policeman.) I produce a certificate of the prisoner Graham's former conviction from this Court—(read—Convicted Dec., 1844, and confined twelve months)—I was present at the trial—he is the person.
GLENROY— GUILTY . Aged 17.
GRAHAM— GUILTY . Aged 18.
Transported for Ten Years.
468. GEORGE WILLIAMS, GEORGE STANDISH , and JOHN WILSON were indicted for burglariously breaking and entering the dwelling-house of Henry Perring in the night of the 23rd of January at St. Andrew, Holborn, and stealing therein 1 watch, value 4l., his goods, and that they had both been previously convicted of felony.
HENRY PERRING . I live in Farringdon-street and deal in watches. On the 23rd of Jan., about a quarter to eleven o'clock at night, I was in my shop, taking some watches from the window—I was leaning forward to reach them, and my head was close to the plate glass when I felt an immense blow, a sort of shock, at the window, and before I could collect myself there was a second, and then a third, and then the window went in with an immense crash—a large square of plate glass of great thickness was broken to atoms—a great number of watches fell out on the pavement—I immediately opened the door, and saw Wilson and Williams running from the window the moment I opened the door—I followed Wilson—he ran into the middle of the road, running in and out of the cab-stand—Williams dodged me and crossed me several times—at the corner of Holborn-hill a policeman stopped Wilson, in my presence, and at that moment I saw him throw a watch into the road—I turned round, followed Williams, and collared him—I had seen them both run away from the shop—the watch Wilson threw away is mine—I was in the act of taking
that watch out at the time—they had cut the window, but the glass being of an immense thickness they could not succeed, and made a dash at it—my son was standing by me at the time—I occupy the whole house—it is in the parish of St. Andrew, Holborn.
Prisoner Williams. Q. Did you see me near the shop? A. I saw you run away from it, and you were very near me all the way, and at the station-house you and the prisoners, all said they meant to do it, sink or swim and the prisoner Standish surrendered himself in consequences of the other two being taken, but they changed their tale at the office.
WILLIAM JJOHN PERRING . I was in the shop with my father—I heard a noise at the window, and saw the glass broken—the one who broke it did it with his elbow—I saw him do it—he had a hairy cap on—he put his hand in, took out a French watch, and ran away—it was the watch which has been produced—I went out in pursuit with my father to the end of Farringdinstreeet—I did not see the watch picked up—I saw a cap placed on Wilson's head before the Magistrate—it was such a cap as the person had who broke the window and took the watch.
Wilson. Q. How could you see me through that thick plate glass? A. There were two reflecting lights outside the shop—I could see plainly through the glass—I saw the cap, and the man take the watch.
CHARLES OGBORNE (City Police-constable, No. 282.) On the 23rd of Jan., a little before eleven o'clock at night, I was on duty in Farringdon-street—I heard the noise of glass breaking, and saw Wilson run away up the middle of the street, in a direction from Mr. Perring's shop towards Holborn—there is a cab-stand there—while following him I saw him fling something from his hand into the middle of the street—I did not hear any noise—I stopped him in Field-lane, and on my return I went to the spot where I had seen him throw somethings, and picked up a gold watch, which I produce—it was on a spot where he had the opportunity of throwing it—as we went to the station, Wilson pointed out Standish, and said, "That is another, he helped me to do it"—I caught him by the collar, and he said he did help to do it—I found Williams in custody of the policeman.
Prisoner Standish. I said I did not help him. Witness. He said he did help him, and that they all wanted to go together, they all wanted to be transported.
WHILLIAM WHALES (City police-constable, No. 245) On Saturday night I was on duty in Farringdon-street, opposite Mr. Perring's shop—I heard the glass break, and saw several persons running towards Holborn—I ran, and saw Ogborne take hold of Wilson, and saw the prosecutor stop Williams—I went to Mr. Perring's house, and took charge of Williams—as I took him to the station he said he had been at Newgate six times, and he hoped this would be the last, as he wanted to be transported
Prisoner Williams. I did not say anything of the sort.
Wilson's Defence. I was coming down the street, and was taken; I was never near prosecutor's; I had no watch, or anything in my hand.
JURY to HENRY PERRING. Q. Did you hear the prisoners say anything? A. At the station they said the were all in it, and they all went to do it together, and they did it for the sake of being transported—I heard Williams say, "I acknowledge being in it; we did it together,"
HENRY ROWE (City police-constable, No. 356.) I produce a certificate of Williams's Former conviction, from Mr. Clark's office—(read—Convicted April, 1845, and confined six months)—I was present at the trial—he is the Person tried and convicted.
WILLIAMS— GUILTY . Aged 19.— Transported for Ten Years.
WILSON— GUILTY . Aged 20.— Transported for Seven years.
STANDISH— NOT GUILTY
469. JOHN TINDAL, alias Mapton , was indicted for a burglary in the dwelling-house of Elizabeth Watson, in the night of the 20th of Nov., and stealing 2 coats, value 2l.; 1 hat, 4.; 1 pair of gloves, 1s.; and 1 handkerchief, 1s.; the goods of James Watkins.
WILLIAM MORTON (police-constable P 7.) On the 9th of Jan. I received the prisoner into custody at the Walworth station—he had a hat on which was too large for him—I told him so—I took it off, and saw the name of "Blundell, maker," in it—I asked him where he got the hat from—said he bought it at a Jew's second-hand place—I asked him where—he did not tell me—I asked him where the Jew lived—he said, "I don't know; I met him on London-bridge: he had three or four hats with him, and asked me to buy one, and I bought that one"—I asked him how long since—he said, "Four months"—I found half a handkerchief, or shawl, in his pocket—I asked him where he got it—he said, "Do you think me a thief? "—I said, "If I must answer the question, I do "—he at last told me his mother bought it for him. and that he had had it twelve months or more—I took the hat and half handkerchief to No. 18, Champion-row, Gove-lane, Camberwell, the same night—I saw Hannah Burnett there, who at once identified the hat, and brought me down another half shawl, which tallied with the one I found on him, in every particular—I found an old hat there, which fits the prisoner—I, tried it on his head.
Cross-examined by MR. MELLER. Q. Are you positive the shawls match? A. They do—I am quite positive he said he bought the hat four months ago, and not two—the hat I found on him was a Paris nap hat—he was not wearing the shawl, it was in his trowers pocket.
HANNAH BURNETT . I am servant to Mr. Elizabeth Watson, of Champion-row, Grove-end-road, Camberwell; it is her dwelling-house. On the 20th of Nov., about nine o'clock in the evening, I went out to get some beer for supper; it may have been five minutes after nine when I left the house—I am quite sure I closed the door after me, I locked it, and took the key with me—there is a grass plot before the house, and a gate—I fastened the gate also—I was gone about a quarter of an hour—when I came back I saw the prisoner come down the steps of house—he passed me, going out at the gate—I saw some coats on his arm—I asked him if he had seen anybody—he made no answer, but went away—I looked through the door, which has a glass to it, and saw that the coats were gone—I am certain they were there when I went away—they are the property of of Captain James Watkins—I afterwards missed a hat which had hung up in the hall, and the gloves were in the coat pocket—the half handkerchief, or shawl, was missing—that is the property of Captain Watkins—I pursued the man—he had not gone many yards—I called, "Stop thief!"—he ran—I followed him as far as the public-house, about twenty yards—I spoke to a policeman, and while doing so the prisoner turned round a corner, and got away—I believe the prisoner to be the man, but should not like to swear to him—I am certain this is captain Watkins's hat—(looking at it)—this shawl was in the coat pocket—I have the other half here, which was in a drawer in the captain's bed-room.
cross-examined. Q. Are there many lamps in the row? A. There are two not far from each other—I had a good view of the prisoner's walk when he passed me—I inclined to think he is the person from his walk—I have always said the public-house was twenty yards from the house—I never described it as two hundred yards—I was not asked the question at all—I was told the distance—I may be wrong—I am in the habit of locking the door
when I go out—there is no other servant—I found the door closed when I returned, but not locked—it not broken at all—I found the garden gate locked when I returned—there was one coat in the hall which was not taken, but that was of no value—I am positive this is the hat, and the other hat was left behind—Captain Watkins is not here; he is an invalid—I had seen the shawl in his coat pocket in the morning—I did not go to the pocket, but the handkerchief was always put there—the captain used to go out for an hour in the morning—I believe he had been out that day—I am positive the handkerchief was there, as it was never put anywhere else—I did not see it in the pocket in the morning, but I felt it outside.
AMELIA MAY . I am servant to Mr. Staples, an architect and surveyor, of Newman-street. On the 26th of Nov., in the morning, there was a ring at the bell—I went to the door, and saw the prisoner—I am quite certain of him and swear to him—he asked if Mr. Staples was at home—I said yes, he was, but not up—he said he was sorry, for he was to have called the night before, from No. 56, High Holborn, for some footing—I said he had better call again, as Mr. Staples was not up—he said he did not know what to do; he should get into disgrace if he went without it—I said he had better call again—he hesitated a few minutes, and I asked him to walk in and wait a little while—he said.; I will wait a little while"—he walked into the hall, and I gave him a seat—I went into the kitchen, came up again, and found him still there—I back into the kitchen again. And in about two minutes I heard the street door slam—I went up, and the prisoner was gone—I missed the cloaks out of the hall, which I had seen there the night before—it was their regular place.
Prisoner. Q. Can you swear I am the man? A. Yes—I cannot exactly say on what day it was—I have not said it was the 26th of Dec.
SAMUEL STAPLES . I keep the house. On the 26th of Nov. I came down stairs, and missed two cloaks which had hung on a peg in the hall between ten and eleven o'clock the night before—the doors of the house were locked at that time—I know nobody at No. 56, High Holborn—there was no footing to be called for.
Prisoner's Defence. I can bring witnesses to prove I was never out of my bed at nine o'clock in the morning in Nov.; I never go outside the door before ten or eleven in the day, and am innocent of the charge brought against me.
WILLIAM MARSH (police-constable P 192.) I produce a certificate of the prisoner's former conviction, from Mr. Clarke's office—(read—Convicted March, 1846, by the name of John Mapton, and confined six months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner.)
471. MARGARET SULLIVAN was indicted for that she, being in the dwelling-house of Solomon Garcia, did steal 1 gown, value 8s.; 1 scarf, 1s.; 1 milk-jug, 3d.; and 1 pair of stays, 6d.; his goods; and afterwards burglariously breaking out of the said dwelling-house.
came on or about the 18th of Jan., on a Monday—on the Friday following I went to bed about half-past eleven o'clock—my wife and the lodgere were in the house—I cannot say who went to bed last—when I went to bed I left the parlour door open, and the prisoner in the parlour, because on Friday night we are not allowed to touch fire, and we leave her last to put out the candles—I got up about eight o'clock in the morning—the prisoner was gone, and I never saw her till the police had her in custody on Sunday night—I missed a gown, an old scarf, and a milk-jug, and gave information—since she has been in custody I have ascertained that she is fatherless and motherless, and was induced to do this by a young man who was there on Friday.
HENRY FINNIS . I was in the police at the time in question. On the 24th of Jan., about eleven o'clock at night, I met the prisoner in Bishopsgate-street, and, in consequence of what I had heard, I took her in charge—I told her it was for stealing a shawl, a pair of stays, and a gown—she said she had not been living with Mr. Garcia—I said she go to the station—on the way there she said she had taken the grown, that the scarf was given to her, and that she knew nothing of the stays.
SOLOMON GARCIA re-examined. I have seen the gown and scarf—the gown is very similar, but the scarf I know—my wife tells me she gave her the scarf to wear—she did not say whether she gave it her to keep.
NOT GUILTY .
FRANCIS DODD I am a jeweller, and in partnership with my brother. We live in Cornhill—we both live on the premises—we rent a portion of the premises and live there—the landlord does not live in the house—it is let of out to four or five different persons—there is but one outer door—our shop door opens into the passage—the shop is on the ground floor, and our apartments at the top of the house—they do not communicate with each other—the house is in the parish of St. Michael, Cornhill—on Friday afternoon, the 8th of Jan., the prisoners came into the shop and requested to see some pins—I am quite certain of their persons—I did not rightly understand them, and asked what I could show them—Stone replied pins—I took a tray of pins from the window, and observed the pins in it—I cannot say what number there were, but could see there were four brilliant pins—I placed the tray on the counter—Stone took up a mourning pin and banded it to Voisin, who asked the price of it—I took it from him, as the price was marked on it, but while I was looking at it I missed the brilliant pin, and immediately handed the mourning pin back to Voisin—I said nothing—they went on looking at pins, and asked me the price—several pins were handled, but not brilliant pins—Voisin took up a turquoise pin, and Stone took up another pin—they laid them by the side of each other on the counter—they spoke together in a foreign language, which I could not understand—Stone spoke English to me—Voisin made the remark "How much?"—I said to Stone that I did not understand Franch—he replied that I should learn, as I should find it useful—one of them, I believe Stone, asked what time our shop closed—I said, "Half-past seven o'clock"—they said they would call again, and went away—I rung the bell for my brother, who at the top of the house, put on my hat, and immediately followed the prisoners, having missed the brilliant.
pin—I went up Cornhill, down Gracechurch-street, and saw the two prisoners and a third person standing together, about 300 yards from the shop—I passed them, then spoke to a policeman, and immediately turned round—the prisoners were coming towards me abreast with the third man—I seized the prisoners, and said to the policeman, "Take the other"—Voisin broke away from me, but I held Stone—I did not observe anybody outside while they were there—there was a lad in the shop about three yards from me inside the door—he could have seen what passed had he been looking—the pin was worth 8l., and was the property of myself and brother.
Cross-examined by MR. HUDDLESTONE. Q. Had you any other customers in the shop that day? A. Several—ours is partly a ready-money shop and partly credit—some of the prices are scratched on to the articles, and some are marked, but they are private marks—I do not know how many pins there were in the tray—the boy was between thirteen and fourteen years of age—he had been with us about a fortnight, and is still in our service—he is not here to-day—he is nnot particularly sharp—I did not speak to the boy while the men were there—if I had told him to go up stairs and fetch my brother he would have gone—I did not tell him—I put on my hat about three minutes and a half after I missed the pin—the prisoners got out of the shop before I went after them.
Cross-examined by MR. HORRY. Q. It was dusk, I believe? A. Yes, it was about half-past four o'clock—I had not shown any customer the tray that day myself, nor do I know that my brother had.
JOSEPH HUGGET (City police-constable, No. 484.) On Friday afternoon, the 8th of Jan, between four and five o'clock, I was in company with Hayden in Gracechurch-street, and saw the prisoners in company with another party between 200 and 300 yards from Mr. Dodd's shop—I watched them, saw the last witness lay hold of the prisoners—Voisin broke from his grasp, run across the road along Gracechurch-street towards Fenchurch-street—I followed him, stopped him in Gracechurch-street, and said he had better go to the station to see the charge against him—I took him to the station, searched him, found 1s. 6d., this pair of scissors, a pocket-book, and a small breast-pin, worth nothing, on him.
MICHAEL HAYDEN (City police-constable, No. 274.) I was Gracechurch-street that afternoon with Hugget, and saw the prisoners. About a quarter after four o'clock I was in Gracechurch-street again, and then saw the prisoners with a third party standing in the street together—in consequence of suspicion I watched them, and saw Mr. Dodd come up and take Stone into custody—Voisin went across the road, running in an opposite direction—Hugget and myself pursued and took him.
JOHN BRETT (City police-constable, No. 514.) About a quarter after four o'clock in the afternoon I was on duty in Gracechurch-street—Mr. Dodd desired me to take the prisoners into custody, and a third party, who got away behind an omnibus—Stone was taken—I searched him at the station, and found on him 3s., three halfpence, and a common pin.
JOHN BRADDRICK . I produce a certificate of the former conviction of both prisoners—(read—Both convicted Sept., 1844, of a joint felony, and confined three months)—I had taken them both into custody—I was present at their trail—I saw them found guilty.
STONE— GUILTY . Aged 26.
VOISIN— GUILTY . Aged 15.
of larceny only.— Transported for Seven Years.
473. CHARLES SKELL was indicted for stealing 6 yards of huckaback, value 3s.; 3 Stiffeners, 1s.; 1 pair of cuffs, 3d.; the goods of Jesse Jones, his master; also embezzling the sum of 18l., the monies of the said Jesse Jones, his master; to both of which he pleaded
GUILTY Aged 19.—Received a good character, and recommended to mercy by the Prosecutor. — Confined six months, without hard Labour.
GUILTY . Aged 19.— Confined Four Months.
JOSEPH DALTON (City police-Constable, No. 366) on the afternoon of the 11th of Jan. I saw the prisoner in Fleet-Street, in company with a female—I saw him attempt to pick some ladies pockets in Fleet-Street—I followed them up Ludgate-hill into Ludgate-Street—I saw him put his hand into a lady's pocket and take this purse out—he directly left the lady, and the female with him, and both came up Ave-Maria-Lane—I then took the purse out of his hand—I do not know who the lady was—the female ran away.
Prisoner's Defence. I happened to see the purse on the ground and picked it up; the man collared me, took me to the lady and said, "Did you lose a purse?" and she said she had not.—Witness. It is false.
GUILTY.* Aged 12.— Confined Six Months.
JAMES JOHN COOKE (police-constable C 182.) On the 14th of Jan., about eight o'clock at night, I was in Regent-Street—I saw the prisoner inside Mr. Melton's shop-door—he came out running with two silk umbrellas—I put out my foot and tripped him up—the umbrellas both fell out of his hand into the middle of the road—I secured him, and took up one of the umbrellas—some one else went away with the other one
Cross-examined by MR. PAYNE. Q. You were not in your police dress? A. No, I was in plain clothes—I did not see the prisoner go into the shop—I was passing down on the pavements, and when I was about eight yards past the door I saw him run out—I turned round and stood still—he was running—I threw him down, he fell in the road—I did not fall myself—I saw some one pick up the other umbrella—he was in the shop with the umbrellas—I never said saw him come out—I took him into the shop with the umbrella—I never said I would do all I could to lag him—I have been eight years in the police.
Cross-examined. Q. Have not you said before, that you had several of the same sort exposed for sale in the rack? A. Yes, of the same make and description, but not this particular pattern—it cost me 16s.
JOHN HARVEY (policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted 30th March, 1846, in the name of Edwin Hodgen, and confined six months)—I was present at the trial—he is The person.
GUILTY . Aged 18.— Confined Twelve Months.
PHILIP CRELLIN: I am an outfitter, and live in Ratcliffe Highway—the prisoner was in my service. On the 7th of Jan., about half-past two o'clock I went to dinner and left 25s. in a basket on the table in the counting-house—it was all marked—I had marked it myself—I was absent about twenty minutes—when I came back I went to the basket and missed five shillings—I called in an offer and gave the prisoner in charge—I have no other female servant—I have a male servant who was in the shop which joins the counting-house—I saw the prisoner searched in the counting-house—there were five shillings found on her, marked as I had marked them.
Cross-examined by MR. BALLANTINE. Q. Who was left in the shop? A. My foreman and my errand boy—neither of them are here—neither of them saw me mark the shillings—I had marked about a dozen shillings a few days before, but missed none on that occasion—those have been passed away—they had not the same marks as these—the mark is a very small scratch on the head—I have the remainder of the 25s. in my pocket now.
COURT. Q. when did you mark them? A. within five minutes of my leaving the places.
NOT GUILTY .
478. MARY ANN CLARKE was indicted for unlawfully endeavouring to throw herself into the river Thames, with intent to kill and murder herself—2nd Count, binding a piece of cotton round her neck and throat with a like intent; to which she pleaded.
GUILTY Aged 24.— Judgment Respited.
WILLIAM SHEEN . I keep a lodging-house in Keate-street, Spitalfields. On the 12th of Jan. I hired the prisoner as my servant—she came into my service about nine o'clock, that evening—I trusted her to mind my place—I went to bed about nine o'clock, leaving her in care of the place—about two o'clock next morning I was awoke by the dog barking—I got up and found the street-door open, the prisoner was gone—and a cloak, a pair of shoes, two gowns, two sheets, and a blanket were missing—on the evening of the same day a policeman came to the house—in consequence of what he said I went to the station and identified the articles.
Prisoner. It is wrong altogether; I was in his service five or six months ago; he took me home that night. Witness. I have known what it is to stand at that bar myself, and have been as lenient to the prisoner as if she had been my own child—I have no doubt you are aware what I was here for—they think they have a right to rob me—I was never a thief in my life—I feel for the prisoner, but she has robbed my sister four Sessions ago.
WILLIAM CROAKE (policeman.) On Tuesday morning, 12th Jan., about a quarter to three o'clock, I met the prisoner in Whitechapel with a bundle—I asked where she was going to take the things, and what she had got,
she said they were her own things—I took her to the station—as we went along she told me they were stolen—that she had brought them from her lodging, and was going to take them back again.
Prisoner's Defence. (written.) On the 18th of Jan. I met the prosecutor at a public-house in Brick-lane; he was in company with two others; he insisted I should leave my own seat and sit with them; I drank with him, and he said Pol, the woman he lived with, had run away and robbed him again; his bed had not been made for three nights; he swore he never had his place better taken care of than when I lived servant with him; I must go home to put his place to rights; we did not leave the public-house till between twelve and one o'clock at night; I went home with him, and was making his bed; he went to look after two brothels, which he keeps; he came back drunk, and locked the door, and swore I should not go out; when he fell asleep I opened the door and went out; I met a woman, who said, "Is Bill Sheen at home? there is some things of mine there, I shall go and get them;" she then gave them to me, saying, "I have forgot something," and told me to go on; I went on with them, and the policeman overtook me; I told him they were given to me.
JURY. Q. When you went to bed, did you leave her in the same room that you were in? No—in the adjoining room down stairs—there are three rooms on one floor—she lived with me about four months as a servant—I gave her 1s. 6d. a week and her victuals—after missing some things I discharged her—she went to live with my sister, who sent her to Newgate for robbing her—I found her in the public-house, and asked her to drink a drop of beer—she said she was badly off—I said, "If I take you back again you will rob me as you did before"—she said she would not—I am sure she asked me to take her back.
NOT GUILTY .
HARDY pleaded GUILTY . Aged 18.— Confined Six Months.
WILLIAM DENT . I am gardener to Mr. John Twells, of Stoke-Newington. I have seen two live tame rabbits here—they belong to Mr. John Twells, who kept them in his garden—I know them well—they were safe on 15th of Jan., between three and four o'clock, when I fed them—the next morning, about six o'clock, I missed them, and gave information at the station, and afterwards found them at Worship-street police-court.
GEORGE LANGDEN (police-constable, N 265.) On the evening of the 15th of Jan. I saw the prisoners, one on one side of the road, and the other on the other—they were not together—when Day saw me he ran away—I stopped Hardy, and asked what he had got, and found he had two live tame rabbits—he said they were his property—I took him to the station—I afterwards apprehended Day—he denied having been in company with Hardy.
Prisoner Day. I did not run. Witness. Yes, you did.
was brought to the station—he was told the charge against him—he said he had not been in company with Hardy at all—I was about to let him go, when Hardy exclaimed, "That is not justice; we were both together that night, and both equally in it"—Day said, "What good will it do you to have me locked up as well as yourself? you know it was you brought me into it"—I then detained him—next morning, on the road to the police-court, Day said to me, "I think it will go hard with Hardy, and it serves him right, for it was he who brought me to where the rabbits were, and if it was not for him I should have known nothing about it."
Prisoner Day. It is false; I know nothing about it.
DAY— NOT GUILTY .
NEW COURT.—Tuesday, February 2nd, 1847.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 26.— Confined Six Months.
483. ELIZABETH SIMS and HENRY DURANT were indicted for unlawfully having in their possession 8 half-crowns, knowing them to be counterfeit; also for unlawfully uttering a counterfeit half-crown to Isaac Reed, knowing it to be counterfeit; to which
SIMS pleaded— GUILTY . Aged 22.
DURANT pleaded— GUILTY . Aged 25.
Confined Six Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
LOFTUS LAMBERT . I am shopman to Mr. Reed, a linen-draper, in Russell-street, Bloomsbury. On the 21st of Aug. the prisoner came to my master's shop—she bought a print dress, which came to 3s. 9d., and tendered me a 5s. piece—I saw it was bad before I took it up—I took it to the desk and marked it with a pair of scissors—I brought it back and told her it was a bad one—she said, "Is it? So it is; I will take it back and change it where I took it last night"—I gave it her back, and she went out—I put on my hat and followed her—she went through several streets till she came to Mr. Edwards', another linen-draper—I saw her go into the shop—I went to the private door to give information—I afterwards went into the shop and saw the 5s. piece in the hand of the young man—I looked at it—it was the same that had been offered to me—the mark I had made was on it—I went for a constable, and gave the prisoner in charge—I gave the crown-piece to the constable.
ELIZA MATTHEWS . I am shopwoman to Mr. Edwards, in Soho-square. I recollect on Friday, the 21st of Aug., the prisoner came for a silk handkerchief—I showed her some—she had one, which came to 1s.—she offered in payment a 5s. piece—Edward Millard was there—he took up the 5s. piece—the prisoner was detained—she was told she was detained for uttering a bad 5s. piece—she said was that all—Mr. Lambert came in and told us to
detain her—he got a policeman—she had a little boy and an umbrella with her.
Cross-examined by MR. PAYNE. Q. Was not what she said, "Is that what I am detained for?" A. Yes.
EDWARD MILLARD . I am shopman to Mr. Edwards, in Soho-square. I remember the prisoner coming into the shop—she put down a 5s. piece—Matthews was there—I took up the 5s. piece and looked at it—Mr. Lambert came in—I showed it him—he went and fetched a policeman—I gave the crown-piece to Mr. Lambert.
SAMUEL WRIGHT (police-constable E 46.) On the 21st of Aug. I was called into Mr. Edwards's shop, and the prisoner was given into my custody—I received this 5s. piece from Mr. Lambert—as I was taking the prisoner to the station she asked me, would she be locked up—I told her I was sure I did not know—I think she said she lived at No. 16, Newton-street, Holborn—I went there and made inquiries, but I could not hear anything of her—she had a little boy, about four years old, with her.
GUILTY . Aged 26.— Confined Three Months.
Fourth Jury, before Mr. Common Sergeant.
MESSRS. ELLIS and DOANE conducted the Prosecution.
WILLIAM DRIVER FLINT . I keep the Bell public-house, in Red Lion-market. On the 13th of Jan. the prisoner, accompanied by another person, came to my house—they called for a pot of porter and a screw of tobacco—the prisoner paid my wife's mother, Mary Ann Devonshire, and she handed me the half-crown immediately—I gave the change—I did not see it was bad at that time—they went away before I discovered it was bad—I found it was bad—I marked it, and placed it on a shelf at the back of the bar, behind some drinking glasses—on the 18th of Jan. I saw the prisoner again—I said, "You are the party that I wanted to see; you passed a bad half-crown to me last week; I shall give you into custody"—he said he had not done any such thing; he would sooner put his head in the fire than pass bad money—I am confident he is the man—I sent the servant girl for the policeman—she was some time gone—the prisoner tried to make his escape, and said he would not be detained—I said he should—he seized hold of me, and tried to make his escape—two parties came out of the tap-room to my assistance—I detained him till they drank a pot of porter—he struggled, and two buttons were torn off my waistcoat—no policeman had been brought at that time—I did not know how the law was, and I let the prisoner go—Mr. Devonshire handed the half-crown to Richard Gascoigne, and he handed it to me—it was the same I had marked and placed behind the glasses—I went out after the prisoner—I saw him, and kept him in sight till I saw Constable, the policeman, in Bunhill-row—I carried the half-crown with me in my hand, and gave it to the officer—in going down Bunhill-row the prisoner said, "Here goes the last b—y penny," and he threw something away—it was a bad 5s. piece—Gascoigne picked it up and handed it to the officer immediately.
Prisoner. Every word he says is lies.
MARY ANN DEVONSHIRE . I remember the prisoner coming to my son-inlaw's—I served him with beer—he gave me a half-crown—I gave it immediately to Mr. Flint—the prisoner got the change and went away—I saw him
again on the 18th—after something had happened I saw the half-crown was behind the glasses on the shelf at the back of the bar—I gave it to Mr. Gascoigne, and I saw him give it to Mr. Flint—I had seen Mr. Flint place it where I took it from.
RICHARD GASCOIGNE . I was at the prosecutor's house on the 18th of Jan.—I remember seeing the prisoner there—after he left, Mr. Devonshire gave me the half-crown, and I handed it to Mr. Flint directly—I and Mr. Flint went after the prisoner—we saw him in Bunhill-row—I saw him throw something away—it hit against the brick-work—I took it up—it was a bad 5s. piece—I gave it to the officer.
JOHN CROOK . I am the son of John Crook, a butcher, in Whitecross-street. On the 13th of Jan. the prisoner came to my father's for half a pound of steak—it came to 3d.—he gave me a half-crown—I gave him 2s. 3d. change—after he went away I looked at the half-crown—I thought it looked rather dull, and I took it to my sister—I afterwards went out into the street to try to find the prisoner—I came back, and put the half-crown into my pocket—I gave the same half-crown to Constable, the officer—on the 16th of Jan. the prisoner came to my father's shop again for some more meat—he paid me for it with a good shilling—I knew him again—I asked him what he gave me on the Wednesday—he said, "A half-crown"—I said it was bad—he said, "No, it was not"—he asked me to show it him, but I put him off till the next time—he went away, and said he would be in on the Monday—he did not come, and I heard he was in custody—I went and saw him at the police-court—he is the same man—on the 19th of Jan. I gave the same half-crown the prisoner gave me, to the officer—I had kept it in my pocket.
WILLIAM CONSTABLE (police-constable G 81.) On the 18th of Jan. the prisoner was given to me—I received this half-crown from Mr. Flint—I saw the prisoner put his hand into his pocket—he said, "I have got another b—y piece, and here it goes"—he threw his hand out—I caught hold of his coat, and what he threw fell short—Mr. Gascoigne picked it up, and gave it to me—it was this crown-piece—on the 19th of Jan. I received this other half-crown from John Crook.
Prisoner's Defence. On the Wednesday I was at work; when I went again to Mr. Flint's, and called for more beer, he accused me; I was so frightened I did not know what to do; he asked me whether I would go to the station; I had a 5s. piece, and I threw it away; I am in the habit of taking a great deal of money, though not my own; I am in the charcoal line; there are three of us work together.
GUILTY . Aged 22.— Confined Nine Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
ELLEN HIGGINS . I live with Mr. Bateman, a confectioner, in the Minories. I remember the prisoner Jones coming to my master's shop on the evening of the 12th of Jan.—she asked for two buns—I wrapped them in paper—she then asked if we sold linseed meal—I told her no, she could get it at the chemist's—she gave me a shilling—I noticed it, and felt it—I found it was a bad one—I walked into the parlour to see Mr. Bateman—I came out again, and said to Jones, "This is a bad shilling"—I put it down—she said she did not know it, and said something about a lady, but I could not tell what—she said she would come back in a few minutes for the buns, and bring another shilling—she put the buns on the counter, and turned round to go to the door—child
met her—he said, "Have you got a bad shilling?—she said, "Yes"—he said, "where did you get it?"—she said, "from a lady, for carrying a parcel"—he took the shilling out of her hand, and gave it me—I made a mark on it, and it him again.
WILLIAM CHILD . I am the beadle of Towerhill. I was in the Minories on the 12th of Jan., and I saw the two prisoners together—they came past the Three kingdoms public-house, and went to Mr. bateman's window—they stood talking there a few minutes, with their faces turned towards the window—they stood close to me, and I heard Jennings say to Jones, "go on, it is all right"—that led me to suspect something wrong—I saw Jones go into the shop—I went to window, and saw her give Miss Higgins a shilling—I saw her look at it—she turned it round, and rubbed it with her finger—she took it back to Mr. Bateman—she then came out and gave it to Jones—I went and stooped her, and took it from her—she said a lady gave it her for carry-ing a parcel—I asked where the lady lived, and where it was done—she said she did not know—I handed the shilling to Miss Higgins, and left Jones in the shop with a friend of mine, who was with me—I went and laid hold of Jennings, who was six or seven yards from the door—he dropped three shillings—I picked them up, and said, "where did you get these?—he said "I found them wrapped up in a piece of paper, which I have in my pockets"—I took him into the shop—Jones was there—I asked Jennings if he knew that female—he said, "No, I never saw her in my life before"—I told Miss Higgins to mark the shilling, which she did, and gave it me—this is it, and these are the other three.
JONES— GUILTY . Aged 22.
JENNINGS— GUILTY . Aged 17.
Confined Three Months.
MESSRS ELLIS and DOANE conducted the prosecution.
JOSEPH REYNOLDS. I am a licensed victualler, and keep the William the Fourth, in Golden-lane. I saw the two prisoner in my house on the 23rd of an.—I had known holmes before—he had lately before been at my house—Jackson called for a quartern of rum, and he paid for it with a half-crown—I saw it was bad, but I gave him change, in consequence of what I had noticed some time before—I was then going to the door to get a policemen, and the prisoners walked out—they did not say anything—I saw that they went to an archway near there—there is a public-house opposite me called the crown—went there—I went with a policeman to the crown, and gave them in charge there—I gave the bad half-crown to bridle, the officer.
CHARLES STEWARTS . I am bar-man at the crown. On the 23rd of Jan. I remember the two prisoners coming to my master's in company—they called for two pots of porter—Jones called for the first pot—then holmes called for a pot, and paid in a half-crown—I saw it was bad, and told him so—the prisoners had nothing to say—Mr. Reynolds and the officer came in, and the prisoners were taken—I gave the half-crown I had received to Bridle, the officer.
Holmes. Q. He says we had two pots; did I pay for both? A. Jackson paid for the first with halfpence; Holmes called for the next, and laid down the bad half-crown.
prisoners there, and took them into custody—I received one half-crown from Mr. Reynolds, and one from stewart—these are them.
Holmes's Defence. I was going down to get muscles; a sailor asked me to carry a box for him, which I did, and he gave me a half-crown; I did not know it was bad.
JACKSON— GUILTY . Aged 18.
HOLMES— GUILTY . Aged 20.
Confined Three Months .
JAMES LLEWELLYN MATTHEWS . I am an attorney's clerk, and live at Pentonville. On the 27th of Jan., about three o'clock, I was in cornhills—I received information, and found my handkerchief was gone—this is the handkerchief I lost.
JOHN DAVIS (City police-constable, No. 551.) I saw the two prisoners together about two hours before this transaction, and knew them by sight—I had not seen them before the 27th of Jan.—I saw them twice that day—I afterwards saw them again together in Lombard-street—I followed them to cornhills—they went over to a picture-shop, were Mr. Matthews was looking in, and Thompson put his hand into his pockets, and drew this handkerchief out—Walters was with him—they had been together about three minutes—I saw them walk over to the picture-shop in company with another—I seised Thompson and the handkerchief.
Thompson. it was not me that took it; the other boy took it and gave it to me. witness Thompson took it, and walters was behind, covering him
Walter. I was looking at the front of the window, at the Derbey pictures.
(Thompson received good character, and a witness engaged to employ him.) THOMPSON— GUILTY. Aged 14—Recommended to mercy.—
Confined two days.
WALTERS— NOT GUILTY
OCTAVIUS AUGUSTUS WALLS . I am shopman to Mr. Robert Romanis, of Cheapside. On the 8th of Jan. I was standing behind the counter—I saw some one take a shawl from the door—I ran out, and saw the prisoner running across the road—I pursued, and took him in Gutter-lane—I seized him—he threw the shawl down on the pavement, and said, "you did not it on me"—this is the shawl—it is my master's
Prisoner. You did not see me take it. Witness yes, I saw you take it from the door.
Prisoner. I did not take it; it might have been somebody else.
GUILTY . * Aged 18.— Confined One Year.
RICHARD BARNARD . I am foreman to Mr. George Lambart; he lives at Old Park Farm, Enfield; the prisoner was his carter. On Saturday, the 16th of jan., I sent him with a load of hay to London, and he was to call at Bull-stair-wharf for 15ewt. of beans, which Mr. Lambart had bought—I
gave him ten sacks for them—he returned, and I weighed the beans—there were only 14cwt. And 13lbs., which is 99 lbs.; or about two bushels deficient—I asked him where the overplus beans were—he said they were put into the big sacks, as the small ones would not hold them—a day or two afterwards he said there was half a bushel which he gave to the horse—there were ten sacks—they were right, but the weight was deficient—he had only one horse—it would not be possible for one horse to eat two bushels of beans in a journey from London.
Cross-examined by MR. HORRY. Q. How long had the prisoner been in Mr. Lambert's service? A. Eight or nine months—I did not know him before.
The prisoner came to me, and I gave him 15cwt. Of beans—I am sure of that—he put them into ten sacks, six large ones, and four small ones—the small ones would not contain them—I asked him for another sack—he said he had not one—he gave me the bait-bags, and I carelessly took the beans up with the scoop, and put them into the bait-bags—I had seen the prisoner come there for about six months.
NOT GUILTY .
JOHN HARRIS . I am a tarpaulin-manufacturer, and live in Catharinewheel-square, Bishopsgate; the prisoner was in my service, as foreman, for nine or ten months. If he received money he ought to account for it every Saturday, when he received his wages—if he received 1l. on the 12th of Oct., 10s. on the 21st of Nov., or 11, on the 26th of Dec., he has not paid me either of them—he ought to have paid me these sums as he received them.
On the 12th of Oct. I paid him 1l. for his master; on the 21st of Nov. 15s., and on the 26th of Dec. 1l., all for his master—I am quite sure I paid him all these sums.
Prisoner. It was my duty to travel two or three days a week to various parts of London for orders; it was attended with a great deal, of expense—I acknowledge I spent the money in seeking for orders; on the Monday I was taken, I waited on the prosecutor, and owned my fault; I implored his pardon.
JOHN HARRIS re-examined. He asked my pardon for something, I did not know what—I had put every confidence in him for many months—I used him as a brother—he asked my forgiveness, said that he had done wrong, and apent more money than I knew of—I said, "I do not know that I have anything to forgive, but bring your book to me, but finish what you are about"—he went to work as I thought, but he was gone, and I saw no more of him till the Tuesday.
JURY. Q. Did you not understand it was for money he had collected on your account? A. I must have understood he meant such a thing as that—he implored my forgiveness for having spent money I knew nothing about.
Prisoner. At the same time I offered Mr. Harris to pay it at the rate of 10s. a week; he said it depended on my future conduct; I worked induced to go with him that afternoon, which was the cause of my being given in custody.
GUILTY. Aged 43.—Recommended to Mercy by the Jury. — Confined Six Months
(There was another indictment against the prisoner.)
MR. CLARKSON conducted the Prosecution.
THOMAS WADE . I am a cloth-manufacturer, carrying on business at Leeds—my father is partner with me—I have an agent in London for the sale of cloth, Mr. Isaac Hainsworth—his warehouse is in Aldermanbury, next door to the Axe Inn—I was in town at Mr. Hainsworth's on the 30th of Nov—amongst other goods in the warehouse there was a piece of rifle green cloth, and another piece of double milled brown—the green was twenty-nine yards long, and the brown was twenty-seven yards—I saw them safe on the 30th of Nov.—I was at Mr. Hainsworth's again on the 1st of Dec., and about one o'clock that day Mr. Hainsworth and I went out of dinner together—the prisoner was in the warehouse and boy named Sykes, whose father is commission-agent Mr. Hainsworth said to the boy, "John, come, are you not going to dinner?"—he said no, he had dined, he was going to the West end for his father—Mr. Hainsworth said, "You must leave the keys of the warehouse at the Axe tap, John"—Mr. Hainsworth and I went to dinner—in about three quarters of an hour we returned and found the ware-house locked, and the key was at the Axe tap—on the following day Mr. Hainsworth and I took stock, and the rifle green cloth and the double milled brown were missing—they were gone out of thr warehouse—on the 5th of Dec. I saw the prisoner—I did not give him into custody, as I had not found the cloth—I did not know positively who had got it—I went out of town on the 5th of Dec. and returned on the 1st of Jan.—it is the course of my business to go round to customers to show them samples, in order to effect sales—on the 6th of Jan. I went to Mr. Morgan's shop in cloth-fair—while I was trying to effect the sale of some cloths there, Mr. Morgan said I could not sell him any as cheap as he had bought some—I saw two six yards remnants of rifle green cloth on the counter—I knew them directly I saw them, and I made inquiries of Mr. Morgan how he got them—in consequence of what I learned from him I went to the police-station, and gave information—I went with the officer to a beer-shop in Milton-street, I found the prisoner and gave him into custody—here are the two pieces of cloth of six yards each which I found at Mr. Morgan's—they formed a part of the twenty-nine yards which were at Mr. Hainsworth's on the 30th of Nov., and which I missed in taking stock on the 2nd of Dec.—I have another piece of cloth which is my manufacture, and which I sent to Mr. Hainsworth's—it is the fellow-end to that twenty-nine yards—they were woven together at my father's house—in colour and shade they are the same—there are two of the red threads in the middle of the list of it which are thicker than the other—the number of threads in this cloth is twenty-nine, and there is the same number in that found at Mr. Morgan's—it is worth 6s. 6d. a yard at the wholesule value—I knew it by the colour and the thread, and the mark in the list.
Cross-examined by MR. PAYNE. Q. Did you ever make any cloth in your life? A. Yes, many hundred yards—we make it without a mill, and pay so much for scribbling—we do part of it, not the whole—I swear this is my cloth by the colour and the list—there is no other cloth like thise in London—I have swwn most of the cloth in London—if I wanted to dye a cloth like this I could not do it in London—Mr. Sykes occupies the same warehouse that Mr. Hainsworth does—I have often seen the prisoner with Mr. Sykes—I do not know that the prisoner calls about London for different agents—I have seen him and Mr. Sykes frequently together, that is all I say—I have not seen Mr. Sykes or his son here—there is no one here from the Axe Inn—there was a person appearing for the prisoner before the Magistrate—he asked the Magistrate to call Mr. Sykes—he did not swear it was not my cloth.
Aldermanbury. I am agent in London for the house of Mr. Wade, a clothfactor at Leeds—I remember Mr. Wade being in London on the 30th of Nov.—I recollect seeing two pieces of cloths, one rifle green and one double milled brown—I saw Mr. Wade the next day, and went with him to dinner—the prisoner was in the warehouse with young Sykes—I gave directions to Sykes to leave the keys at the Axe—on the 2nd of Dec. I took stock, and the pieces of green cloth and the pieces of brown were both gone—I did not find what had become of any of them, till after these two pieces of rifle green were traced to Mr. Morgan's—I have looked at these two pieces, at the texture, the make, the shade, and the list—I have no doubt they are a part of that twenty-nine yards that was the cloth of Mr. Wade, and was missing from my premises—we sold the fellow piece to it at 6s. 6d. per yard to wholesale houses—I suppose it sells retail at ten or fifteen per cent. more.
Cross-examined. Q. It is common, is it not? A. There is better and worse—we call it superfine—I know Mr. Clark a tailor—we do not call this cloth common—there are some not worth a quarter of the money of this, and some worth double and triple—Sykes has occupied part of the warehouse about six months—he carries on the same business—he is agent to his brother at Leeds—I have no person in particular selling on commission for me—I have known the prisoner about six months—he had once an end of cloth of Sykes to sell for me—he returned it unsold.
MR. CLARKSON. Q. What was the value of those two pieces? A. About 18l. or 19l.—I am quite positive I never sold that piece of twenty-nine yards—it was safe on the 30th of Nov. and missed on the 2nd of Dec.—the keys were never out of my possession, only during the hour we went to dinner.
ALEXANDER MORGAN . I live at No. 37, Cloth-fair. I am by trade a tailor and piece-broker—I have known the prisoner four or five years, or it may be more—I purchased these pieces of cloth of him last Christmas, at 4s. 6d. a yard—I defy the best judge in Court to say what such cloth is worth—I considered it was a fair price—when the prisoner came to me he asked me if I wanted to buy any cloth—I told him I did not, particularly as I could not sell common cloth—I said I would make him an offer, which I did—he said he would inquire of the party is belonged to whether he would take my money—he said it was cheap, as in general dealers do, and it would be worth the money—I told him to call at my shop at his leisure—he left the cloth with me—he asked me 5s. 6d. for it, and I made him an offer of 4s. 6d.—he came again on the morrow or the next day, I am not certain which—he agreed to take my money—he did not bring the person with him that he said he had it from—I was aware he sold for Mr. Sykes—Idid not ask him where he got it from—I went to the public-house and got change, and paid him 2l. 14s.
Cross-examined. Q. It was the latter end of Dec., or the beginning of Jan. that he called on you? A. Yes—I told him to call the next morning, but not to put himself out of the way about it—I had frequently been in the habit of purchasing cloth of him from Mr. Sykes—he has shown me as much as forty or fifty pieces of cloth at different times—he is well know to the dealers—I have always seen him as honourable a man as any in the trade.
MR. CLARKSON. Q. Do you know anything more of his character than that you have bought cheap lots of him? A. I do not know that they were particularly cheap—he lives at the Hand and Shears, in Cloth-fair—he keeps no shop—I never saw him do a dishonourable thing in my life—the Hand and Shears is a place where cloth-dealers resorts.
ROBERT PARKS (City police-constable, No. 133.) I took the prisoner—I told him Mr. Wade gave him into custody in consequence of some cloth he had seen at Mr. Morgan's, in Cloth-fair, which he believed was part of his
property that he lost from Aldermanbury—he said, "I have sold some cloth at Mr. Morgan's"—Mr. Wade said, "I mean that rifle green you sold for 4s. 6d. "—he said, "yes, I have sold some rifle green for 4s. 6d.; all the cloth I have sold there I can account for"—we went to Mr. Morgan's—he pointed out the prisoner—he said, "That is the man I bought the cloth of"—prisoner did not mention the name of Sykes, father or son, as the persons he got the cloth of.
Cross-examined. Q. Did he make any attempt to deny selling this cloth there? A. No, he never denied that he sold it to Mr. Morgan.
NOT GUILTY .
Sixth Jury, before Mr. Common Sergeant.
JOHN ARMSTRONG . I am a constable. At half-past ten o'clock in the morning, on the 9th of Jan., I saw the prisoner on the step of Mr. Fuller's cart—he took this coat from the seat, rolled it up, put it under his coat, and walked towards me—when he saw me he dropped it, and ran—I took the coat and took him.
Prisoner's Defence. I was at home at half-past ten o'clock, at Sea-coal-lane, Tower-street; I was going to work, I heard a cry of "Stop thief! "I turned back, and the officer took me.
GUILTY . Aged 22.— Confined One Year.
GEORGE HILL . I live at No. 2, Gibson-square, Islington. About half-past two o'clock, on the 15th of Jan., I was going along Aldersgate-street—I felt a twitch at my back—I turned round, andsaw the prisoner going away with my handkerchief—he saw me following him, and he threw it down at the end of a court in Long-lane—this is my handkerchief—I am quite sure the prisoner is the person that threw it away.
Prisoner. I was going along, and kicked this gentleman's heel; he turned and hit me as hard as he could; he asked me where the handkerchief was; I said I had not seen any handkerchief. Witness. No, I did not—I saw him throw it from him.
GUILTY . Aged 17.— Confined Three Months.
495. WILLIAM THOMPSON was indicted for stealing 1 coat, value 1l. 10s.; 1 waistcoat, 10s.; 1 handkerchief, 2s., and 1 pocket-book, 6d., the goods of Joseph Pile, in a vessel in a port of entry and discharge; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Confined One Year.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Confined Three Months.
498. MATILDA BREW was indicted for stealing 73 yards of cachemere, value 18s., the goods of George Lane and another: also 3 fronts, 5s. 6d., and 1 box, 6d.; the goods of George Gillson Weston: also obtaining, by false pretences, 1 shawl, 10s., from Charles Steel; to all of which she pleaded
GUILTY. Aged 23.— Judgment Respited.
OLD COURT.—Wednesday, February 3rd, 1847.
499. MARY ANN COLEMAN was indicted for assaulting James Taylor, putting him in fear, and stealing from his person, 1 watch, value 1l. 4s.; and 2 watch keys, 4s.; his goods: and also beating, striking, and using other personal violence to him.
JAMES TAYLOR . I am a parchment-maker, and live in Suffolk-cottage. On the afternoon of the 6th of Jan., I met the prisoner in leather-lane—I went with her to a house in a court in Gray's-inn-lane—my watch was in my waistcoat-pocket—she caught hold of it, and got it from me—I had it fastened to a guard round my neck—she broke the guard, and got the watch—I laid hold of her—she began fighting, and scratched me about the face, and bit me very severely on one finger-end—I secured her, and gave her in charge.
JOHN THOMPSON (policeman.) On the evening of the 6th of Jan. I was called to Fox-court, Gray's-inn-lane, and found the prisoner and Taylor, both the worse for liquor—Taylor gave the prisoner in charge, and said she had got his watch—she said she did not know anything about it—I took her to the station.
JOHN ARCHER (policeman.) I was at the station when the prisoner was brought there—she was allowed to go away, as nothing was found on her—I followed her out, and saw her meet a man by Cubbitt's factory—the man said to her, "yes"—I then took them both in charge, and took them to the station—just as I arrived there, a woman brought the watch, and gave it to me.
ANN COOK . I am the wife of Daniel cook, of fox-place, Gray's-inn-lane. On the evening of the 6th of Jan., on going home I saw a watch with two keys on the last stair but one—I took it to the station—I did not see the prisoner that evening—I saw a man and woman standing on my stairs, but do not know who they were, as I was in the dark—this is my mark, I dare say—(looking at her deposition—read— "I saw the prosecutor and prisoner coming out of my room—they were dragging one another about on the stairs")—I saw a man and woman dragging one another about on the stairs, but I do not know who they were—I cannot tell whether it was the same woman that I saw at the station.
Prisoner's Defence. I went with the prosecutor, and several half-quarters of gin and beer—he was very drunk—I was not much better—he took
me up the court into a room, and gave me 4 1/2 d.—I said I would not stop. but he took me by the hand, and threw me down on the bedstead—I struggled with him for a quarter of an hour—when I got up he dragged me violently down stairs—he came down into the court—he said nothing about the watch, but said he would give me in charge of a policeman—I went to the station, was searched, and no watch was found on me—I was let go—as I was going from the station a young man met me—he said, "Have you got into a mess"—I said, "A man gave me in charge for a watch, I know nothing about it"—the policeman followed us, and took us both in charge—the young man had my purse and a shawl with him—I was detained till Mr. Cook came in with the watch—I had never seen her, and know nothing about her—I had never seen at all.
NOT GUILTY .
Before Mr. Justice Cresswell.
500. RICHARD ESMOND was indicted for stealing a post-letter containing 1 locket, value 2l.; 1 gold case, 2l.; 1 miniature, 2l.; and 1 painting, 2l.; the property of the Postmaster-General.—Other COUNTS, varying the manner of laying the charge; to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
(The Rev. George Robert Glegg, Chaplain of Her Majesty's forces, deposed to the prisoner's good character.)
MR. CLARKSON conducted the Prosecution.
JOHN LINNIT . I now live in Bloomsbury-square. In Jan., 1845, I carried on the business of a jeweler, in Argyle-place—on the 7th of Jan., 1845, the prisoner called at my house—I had known him nearly a month—(I had been dealing with him before—he had brought me some orders in Dec., 1845)—there were two diamond brooches among other things on the counter—he looked at them—I beilve he said he could sell them—I am not certain whether he did not say he had an application to show such things to the Queen—as far as I recollect, he came for something, and said he could sell something handsome, being commanded to get such things—I do not recollect his precise words—I believe when he had them away he said he had come expressly from Windsor—that he had on that day been employed by Her Majesty at the Castle; and, as far I recollect, he said he was sent for these brooches—that he was sent to get something handsome to show Her Majesty—some brooches or articles of jewellery—he said he was employed at the Castle, and had two guineas a-day.
COURT. Q. Did he explain what opportunity he had of showing them to Her Majesty? A. As far as I recollect, he said he was commanded to bring them, and that he had means of showing them to Her Majesty—I gave him the brooches, and told him the price of one would be 145l., and the other 195l., I think.
MR. CLARKSON. Q. For what purpose did you allow him to have possession of the articles? A. To show to the Queen—he went away with them—in about a week afterwards he called again, but I had seen him once within the week before that, and he said the other one would be sold—he was to have brought me the money I think within a week of his having the brooches, about the 6th or 8th of Jan.—he told me he would bring me the money a few days after he had them—it was at that time he said he had sold.
One—he said he was certain of selling the other, and he would bring me the money for both of them—he said he was too late to get the check from the Palace for the money, and he could not get it till the Wednesday following—I saw him on the 15th, a week after; I do not recollect that he said anything about the brooches then, but I expected he would bring the money every day, but he never brought it—he mentioned the Prince's name to me many times—on the 5th or 6th of Jan. he had a stick from me, which he said he had sold to his Royal Highness Prince Albert—he brought me the money for that—I think he paid me for the stick before he had the brooches or the same day—I think he paid for the stick with the money he pawned the brooches for, but it is so long ago I do not know whether it was before or after; it is now two years back—he said he was too late in his application at the Palace to get check—he had to apply to the Treasurer; I think he mentioned the name, but I forget it—I saw nor heard nothing more of him till last year, and never received either brooch or money from him—in Feb., 1845, I received a letter from him—I have looked for it, but have not been able to find it—it contained two duplicates of the brooches and of two other articles—in consequence of receiving that latter I went to Mr., Lorton, a pawnbroker, in Green-street, Leicester-square—I did not see the brroches there—in consequence of what passed between me and Mr. Lorton, I afterwards got my brooches from Mr. Attenborough.
COURT Q. What became of the duplicate? A. I gave them all four to Mr. Attenborough—I received the brooches from him in Sep., 1845—they are both sold now.
Cross-examined by MR. BALLANTINE. Q. The prisoner is a foreigner, is he not? A. Yes—I understand he is extremely ingenious in working in hair—he did not work for me—I have not paid him 60l. or 70l. for work which he did—he gave a few orders in Dec. 1844, as I have stated—the first was 8l.—it was to set some of his hair-work—I think I had no other transaction with him previous to Jan. 7th—he took a stick from me, and said he had sold it to Prince Albert—I did not sell it to him, he had it to show—he paid me for it the day after—I think he had it on the 4th or 5th, and paid for it on the 8th.
COURT. Q. Have you a book to refresh your memory as to the transaction? A. The principal book is lost—I have brought some books which refer to part of it where I received the money for the stick—it is not my own entry, it is my son's, who is dead.
MR. BALLANTINE., Q. Is the entry of the receipt of money by your son? A. Yes, it is dated the 8th of Jan.—I have no books to show when the dealings took place about the brooches, those books are lost, but of some rings which he had, seven days later, I have—I will undertake to say it was not in the early part or the middle part of Dec. that the transaction took place with regard to the brooches, because I think he had the stick before he had the brooches, and the stick I am positive of—I will swear he had it before he had the brooches, and on his paying for it I think he had the brooches the same evening—I am not certain he had them the same evening as he paid for the stick—I do not think it possible that he could have had the brooches the same evening—I am not certain he had them the same evening as stick several days after he obtained the brooches.
COURT. Q. Is your recollection sufficiently alive on the subject to enable you to swear the fact was so? A. I think it was not so—that he had the stick first, but it was so short a time it might be within an hour of paying for it that he had the brooches—the only book in which the transaction of the brooches was entered is lost—it was in the possession of the official assignee, I believe—I have been employed four or five days, looking for it—it
was called the waste-book—I had many books of that sort—I cannot tell whether any other book is missing—I have not had occasion to look for many other—I have obtained my certificate, and have had my books—I have not got the stick now—it was returned to me—it went with the other property when I left Argyle-place—it has not been returned to the prisoner—he has paid me 31l. for it, but he brought it back I think within a week or eight days to have a gold ferrule put to it—he told me he was employed every day by her Majesty—I do not recollect that he told me had done work in hair by command of her Majesty—I do not think he showed me any letters—I do not recollect that he told me he should be able to show the brooches to her Majesty—I will understand to say he said he had instructions to bring them—I cannot say what his words were, it is so long back—there was always a great deal of jewellery lying on my counter—I do not recollect whether I wished him to take several brooches—I do not think I asked him to take either the whole tray or several articles—I am quite certain I never offered him the tray, for there was no tray—I did not ask him to take a box of diamond rings or several articles of jewellery, I will swear I did not—he had not been in the habit of taking articles of mine out of the had articles of much have had some trifling articles of mine out of the glass-case—he may have not some trifling articles, I believe he had—he has not had articles of much greater value than these brooches—I have trusted him with little table orna-ments—the two brooches and three rings, I think that is all he had from me—he brought me back the table ornaments, they were silver, worth from 15l. to 30l. each—I cannot say how many he had, I think three or four—I believe he had them all at once—I believe it was about the 14th of Feb. I received the letter I have lost—I do not remember the post-mark, but I think it was King William-street, City—the substance of the letter was that he was going abroad, it was not that he was obliged to go, in consequence of a suit for a divorce that was going on, it was apologizing for this conduct to me, and returning me the duplicates, and saying that he would pay me some day—I do not think it said he was going abroad—I directly ordered inquiry to be made for him, but could never ascertain whether he had gone abroad—received information that he was in this country from a man named Wilson, who I had in my employment, and who the prisoner had brought to me as a workman, a man in distress—my affairs were not in the hands of the assignees at the time I received the information of his being in this country—I did not receive information from Wilson to take him into custody—I lost sight of him for some months—I received the next information that he was to be found only a few months back—when my attention was called by the return of the duplicates I did not refer to my books to ascertain the exact dates of the transaction; I think I had no other transaction with him till early in Jan.—I never saw him after the 15th—I had not fifteen jobs from him in Dec., I think only four, they came to 8l.—I ascertain that from him my workman's books—I have one book here, in which payments appear, that is for the stick—my payments for work are in a petty cash-book, which my son kept, he is in India—I have had notice to produce that book, but cannot find it—I have lost two books, the book in which the amount paid to me for work appears is lost—I have ascertained the amount from my workman's books.
MR. CLARKSON. Q. Did the letter you have spoken of bear any date? A. I think about the 11th. Of Feb.—I cannot recollect where it was from—I think it was a foreign address, but do not recollect what—the transaction about the brooches took place in the evening—my book, which contain the entry of the receipt of the money for the stick, shows the money to be re-ceived on the 8th—the letter was certainly not addressed from Hull—I think it was Havre or Calais—I did not part with brooches for any purpose
whatever, except that they might be shown on approbation to Her Majesty—I can only tell you form recollection that the stick was returned to me a week or eight day after he had paid me for it—that would not be quite so late as the 15th or 16th—I think he had the rings when he brought the stick back to have the alteration in it—he said he brought the stick from the palace, because Prince Albert was about to make a present of it to the Emperor of Russia, and the Emperor being a very tall man, he wanted a very long gold ferrule to it; which I put, but he never came for it.
COURT. Q. At what time of the evening did he have the broches? A. About seven o'clock, I presume, but it is only from recollection.
JURY. Q. What employment, at two guineas a day, did he say he had at the Palace? A. Ornamental hair-work.
JOHN REARDON . In Jan., 1845, I was in the service of Mr. Philip Lorton, Pawnbroker, of Green-Street, Leicester-square. The Prisoner came to me on the 7th of Jan., 1845, about the middle of the day, and offered two brilliant brooches—he asked for 200l. on them—I lent him that day 70l. on one of them—I had offered him 150l. on the two, which he declined taking—the articles being of great value, I questioned him particularly as to who they belonged to—he said they belonged to himself; that he had purchased the stones abroad, and had them manufactured into brooches in London—I gave him a memorandum of the transaction—on the 9th, two days after, he came again, and brought the other brooch, and I advanced him 80l. on it, which made the 150l., and gave him a memorandum of that transaction—in Aug., 1845, I delivered those two brooches, with other things, into the possession of Mr. Attenborough, by order of Mr. Lorton.
Cross-examined. Q. At what time on the 7th of Jan. did he pawn the first brooch? A. About noon—it was not in the evening—he had been in the habit of pawning with us before, but not to so large an amount—when I questioned him, he said he had come into property—he has pawned articles with me, and redeemed them, from the time I first came there, which was in Dec., 1843.
MR. CLARKSON. Q. In consequence of the value of the articles you asked where he got them, what did he say? A. I had not seen him for a few months previously—he said he had been abroad, and had come into property to a large extent, which enabled him to collect the stones, and have them manufactured, and should shortly have remittances form that property to enable him to redeem them—I had never before advanced him more than a few pounds.
RICHARD ATTENBOROUGH . I am a silversmith, jeweler, and pawnbroker, and carry on business in oxford-street. In 1845 I had the circumstances of this case stated to me—I was applied to on the part of Mr. Lorton, and went to the prosecutor's to arrange the matter between the two—Mr. Lorton, under my advice, gave up the articles to Mr. Linnit, who paid him some money.
MISS MARIANNE SKERRETT . I hold an appointment under Her Majesty, which brings me in constant personal attendance on Her Majesty—I accompany Her Majesty to most places she goes to, and when at when at Windsor I am in close attendance on her. I remember in 1842 a person named Olifieres being employed to make an imitation of a dog's head in hair—in the course of that transaction he had no personal interview with the Queen at all.
Q. If the prisoner had been in 1844 and 1845 in attendance daily at the Palace, in daily pay, must you have known it? A. Yes—my situation will enable me to say if any tradesman or anybody of that description had been in attendance on Her Majesty—I cannot say that in Dec., 1844, or Jan., 1845, the prisoner did not submit any brooches for Her Majesty's inspection, but do
not believe it—it is Her Majesty's custom to give her orders through the person in attendance on her—if she desires to see articles of jewellery it is generally communicated through me—since the dog's head in hair was prepared, the prisoner was not, to my knowledge, employed at the Palace—if he had been in personal communication with Her Majesty I must have known it.
Cross-examined. Q. Do you happen to know the date when he was working for Her Majesty? A. I do not—it was in 1842 he did the dog's head—this letter (looking at it) is dated Sept. 23rd, without the year—it must have been written in 1842—I am sure he has done no work in hair for Her Majesty from 1842 to the present time—Sir Henry Wheatley attends at the Palace—I do not always see him—I should think he was there the latter end of 1844 and beginning of 1845—he would give directions respecting matters entrusted to him—if brooches were handed to him he might have shown them to Prince Albert.
MR. CLARKSON. Q. If such a transaction had taken place at the latter end of 1844, or beginning of 1845, or any such person had an interview with Her Majesty, should you have known it? A. 1 most likely should.
COLONEL ANSON . I have the honour of holding the situation of keeper of Her Majesty's Privy Purse; am also treasurer of the Royal Household to Prince Albert—from Jan, 1844 to Jan. 1847, I was also secretary to His Royal Highness—I entirely conduct the monetary affairs of His Royal Highness—he never draws checks—I settle all the bills—His Royal Highness did not want a stick for the Emperor of Russia in January 1845, nor have one for himself—no gold ferrule was ordered to be put on a stick for the Emperor—the prisoner never called on me for a check on account of His Royal Highness, which I said he was too late to receive, or postponed till the following Wednesday—as keeper of Her Majesty's Privy Purse I should know, by my access to the accounts, whether Her Majesty had any transacttion respecting jewellery—I should not know with certainty whether she had desired to inspect any—articles might have been shown her without my knowledge—every transaction between tradesmen and His Royal Highness would not necessarily come to my knowledge, but I pay everything—the prisoner was never at Windsor in 1845 working at two guineas a day—that is not the mode in which persons are employed—he would be paid for what work he did—I paid him 12l. for the representation of a favourite dog's head—it was paid in 1843—there had been one similar transaction previously—those are the only ones I know of.
Cross-examined. Q. Had you any stick delivered to you in 1845, to show His Royal Highness? A. Not that I recollect, but there are so many applications from tradesmen, and I never refuse a respectable tradesman to show articles—I have heard the prisoner has been in communication with Sir Henry Wheatley, endeavouring to show goods to Her Majesty.
MR. CLARKSON. Q. What was the situation of Sir Henry Wheatley? A. He was keeper of the Privy Purse—I have submitted no cane to the inspecttion of Prince Albert to my knowledge—I can say none was ever submitted for the Emperor of Russia, and that I never paid for it—I became keeper of the Privy Purse on the 1st of Jan. this year.
(The prisoner received a good character.)
GUILTY . Aged 33.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Mr. Justice Coleridge.
502. THOMAS PRICE was indicted , for that he being employed in the Post-office, did feloniously steal one letter, containing 1 half-sovereign and 1 6d., of Her Majesty's Postmaster-General:—other COUNTS, varying the manner of laying the charge; to which he pleaded
GUILTY .— Transported for Ten Years.
(Mr. Cuthfield, a type-founder, and Richard Brown, lapidary, of St. John's square, Clerkenwell, gave the prisoner a good character.)
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CALES EDWARD POWELL . I produce a copy of the record of the conviction of Margaret M'Lochin and another at this Court, at the Oct. session, 1840—I have examined it with the original record in Mr. Clark's office—it is a true copy—(read)
SAMUEL MAINWARING . I was formely in the police. I was concerned in a case prosecuted here by the Mint at the Oct. Session, 1840—I know the prisoner—I had her in my custody for passing two half-crowns—I was in Court when she was convicted—Mary Carey was tried with her.
Cross-examined by MR. HORRY. Q. How long were you in the police after 1840? A. Two years—I left on the 25th Of Jan. 1842—I cannot say how many cases I gave evidence in between 1840 and 1842—I had two or three perhaps, not more—I have been at work at my business since—I have been called on since to give evidence of a former conviction in a robbery at Ialington, about three years ago—I received a letter from the Police-office last Friday, that was the first I heard of this case—I have not got the letter with me—I went to Newgate to see if I could identify the party—I was aware before I went what party I was to identify—no one went with me—one of the turnkeys took me to the female side—no particular person was pointed out to me—five persons were marched round the yard at the time, not a word was spoken—I knew the prisoner well—I was aware that it was for the purpose of proving a former conviction against Margare M'Lochlin that I was sent—the inspector on duty said it would be requisite for me to go on Saturday—I had not been in communication with anybody before that—I was in the police about three years, I had not many persons in my custody during that time, eight or nine perhaps, not more.
MR. BODKIN. Q. Where did you take her into custody for the former offence? A. In Dalston—I took her to Kingsland station—she remained there that night, and next day I took her before the Magistrate at Worship-street—I think she was committed then, and not remanded, but I cannot say exactly; it is six years ago—I came here, and saw her tried—I have not the least doubt that she is the person—I had not seen her before for six years when I saw her in Newgate—I stood at the doorway while the five persons walked round—the first time the prisoner walked round with her back to me, and the second time she came round she had her face to me, and I recognized her—all the five were dressed in the prison dress.
MARGARET HAWKINS . I am a widow, and live at the White Hart and Fountain, Rosemary-lane, Whitechapel. On Thursday, the 21st of Jan., the prisoner came to my house with a man and woman—she called for half-aquartern of gin, which came to 2d.—she gave me a shilling, and I gave her 10d. out—I put the shilling into the till—there was then in the till a sixpence and two or three fourpenny-pieces, but no shilling—I am sure of that—they made away quickly, as soon as I gave the coppers to her—in two or three minutes I took the shilling out of the till, found it was bad, and sent for a policeman—Chaplin came in—I marked it and gave it to him, and he
marked it and took it with him—I suppose I gave it to the policeman about five minutes after the prisoner left—pn the 23rd of Jan., between five and six o'clock in the afternoon, the prisoner came again with the same man and woman—she asked for a quartern of gin, which came to 4d.—I served her, and she laid down a half-crown—I took it off the bar, and said, "This is a bad one"—she made a snatch at it, but I was on my guard and she did not succeed—I came round, shut the door, and said, "It is a bad one; you are not going to do me again"—I sent for an officer directly—while the person was gone for the officer the prisoner begged and prayed of me to let her go—when I first picked the half-crown up, she said to the man with her, "John, go and get this changed from the person you took it from, and get a good one for it"—he did not make any answer—I said, "No, I have got it in my hands, and you shall not do me again"—when Driscoll came I marked the half-crown, and gave it to him—he marked it, and took it away.
Cross-examined. Q. On the 21st had you customers coming in and out while these persons were there? A. Mr. Holt was in the bar, and costomers in the tap-room; but there were none coming in and out; there were a good many at the door—the door was shut—I had not other persons to serve during the time they were drinking the gin—a person might come in while they were there—I served no one else till I took the shilling and they cut away—no one else was at the bar being served—I should know the man who was with her, if I was to see him—I did not know him before—I did not see him give the prisoner the shilling—I do not know how she got it—she put it down—there might be a few customers in the tap-room when she came on the 23rd—I was not serving anybody else at the time they came—there were a lot at the door—they did not go away then—I sent for the officer—the man was taken, and the other woman also—the man was discharged at the Thames-police—I do not know what became of the other woman.
REBECCA HOLTSON . My husband keeps a butcher's shop in Rosemary-lane, close to Mr. Hawkins's public-house. On the 21st of Jan., between five and six o'clock in the evening, I was sitting with Mr. Hawkins in her bar—the prisoner came in with a man and woman, and asked for some gin—I knew them all before—I had seen them at my husband's shop—after the prisoner paid Mr. Hawkins the shilling, and was gone away, I said something to Mr. Hawkins, in consequence of which she opened the till, and found the shilling was a bad one.
PIERCE DRISCOLL (police-constable H 24.) On the 23rd of Jan. I went with Chaplin to Mr. Hawkins's, and apprehended the prisoner and a man and woman—I got this half-crown from Mr. Hawkins—the prisoner said she did not think it was bad when she gave it to her—she afterwards said she was there on the Thursday before—I searched her, and found a good shilling, a sixpence, and two fourpenny-pieces in her pocket—I found no bad money on her.
Cross-examined. Q. Were you present when the prisoner was committed? A. Yes—it was on the charge of passing the half-crown, and the shilling also.
GUILTY . Aged 37.— Transported for Ten Years.
Before Mr. Justice Cresswell.
MR. PAYNE conducted the prosecution.
JACOB VALE ASBERRY . I am a surgeon, carrying on business at Enfield. By the direction of the Corner of the Duchy of Lancaster, I made a postmotem examination of the body of Martha Hobbs—that was about seventytwo hours after her death—she had evident marks of psoriasis, which is a scaly disease of the skin—it is sometimes called scaly tetter—on examining the brain I found recent inflammation of the pia mater and arachnoid membrane—there was a gelatinous deposit in the convolutions of the brain, which appeared like serum and lymph together—the substance of the brain was flatulent—the brain was very much congested, which was particularly seen in the medullary structure of the brain—it was more particularly marked there—there were adhesions—I think there was no mark of chronic disease—there was a small portion of fluid at the base of the brain—there were no marks of disease on the cerebellum—there was inflammation of the internal lining of the pericardium—that was also recent—I think the congestion of the brain was brought on from the transfer of the chronic disease of the skin to the serous membranes of which I have spoken—it leads to the chronic disease of the skin being transformed into an acute disease of those membranes, which very soon ended in death—in my option, the cause of death was acute disease, brought on by the transfer of the constitutional chronic disease of the skin to the internal membranes and organs.
Q. Would, or would not that transfer be accelerated by the continued application of cold in the shape of wet sheets, and wet cloths to the head? A. The continued application of cold, by acting on the blood-vessels of the skins, causing a contraction of them, and thereby driving the blood from the surface of the body to the internal organs, considerably facilitates the transfer of such diseased action—I found the body in an anemial or bloodless condition—that remark more especially applies to the external appearance of the body—the cutaneous vessels, which are very numerous on the derma, commonly giving to the human character that flesh colour, were entirely empty—the constitutional disease of the skin which I witnessed, and the poverty of system, by which I mean poorness of blood, and which, in all probability, had existed for a considerable time, would have induced me to adopt a different line of practice—there was decided poverty of system and poorness of blood—the stomach was empty of food, and the colon, which is the organ usually conveying the feces, had no particle of feces in it—that state of the body would render warmth necessary, and cold I consider would be prejudicial—in a case of acute inflammation I possibly might have bled in the onset, to have unloaded the vessels.
Q. Will you have the goodness to tell us whether or not, in your judgment, the application of cold water cloths to the head, and wet sheets to the body, supposing them to have been applied, did or did not cause the death? A. I cannot say that the cold application caused the death of the patient—I cannot say that it did not—I cannot, as a medical man, say that it did—under such a state of body as the post mortem examination indicated I think such applications would accelerate the death—the application of cold long continued to the surface of the body would most unquestionably increase congestion of the brain, or produce it; hence the practice of putting the body in a
warm bath, and applying ice to the head itself during the time the body is so placed.
COURT. Q. Then the application of cold to the head you did not include in your former statement? A. No—if cold was applied to the head whilst the body was in warm water, that would have a tendency to counteract.
MR. PAYNE. Q. Supposing wet sheets to be placed round the body, and cold wet cloths applied to the head at the same time, what should you say then? A. I certainly think the practice injudicious.
Q. But would it, or not, if applied to a person suffering under this cutaneous disease, accelerate death? A. If no reaction took place, it would unquestionably, in consequence of the application of cold on the surface of the body, and I think the emptiness of the blood-vessels on the surface of the body, show that reaction had not taken place—in consequence of there being a law in the animal economy to transfer disease from the surface of the body to the interior, from natural causes in that body, it is impossible for me to say what degree of power I must allow to that natural cause and what degree of power to the cold, therefore it is impossible for me to say that cold killed the individual—I cannot distinguish the one from the other, and I have the authority of John Hunter for saying that we cannot arrive at it.
NOT GUILTY .
NEW COURT.—Wednesday, Feb. 3, 1847.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 15.— Confined Nine Months.
GUILTY . Aged 27.— Confined Six Months.
509. ANTHONY BUTTERFIELD and WILLIAM M'GRATH were indicted for stealing 1 clock, value 4l.; 4lbs. weight of cheese, 2s.; 1 loaf of bread, 4d.; and 1 tame rabbit, 3s.; the goods of James Rainbow: also 2 pewter pots, 2s.; the goods of Penelope Rodway; to which they pleaded
GUILTY .— Confined Six Days.
510. WILLIAM WHITELOCK was indicted for embezzling 8l., which he received for and on account of William Bush Cooper and another, his master:—2nd COUNT, for stealing an order for payment of 8l.; to which he pleaded
GUILTY. Aged 23.— Judgment Respited.
THOMAS PARTIS . I am a carpenter, and work at Poplar. I lost some tools from a drawer in the workshop—these are them—here are three planes and a chisel—they were safe on the 4th of Jan., and I missed them three or four days after, when I had occasion to use them.
Cross-examined by MR. BALLANTINE. Q. Were these tools that the prisoner had any necessary access to? A. No—there are a vast number of persons work there—I know the whole of these tools.
(The prisoner received a good character.)
GUILTY.—recommended to mercy. — Confined Three Months.
512. CATHARINE BEECHER was indicted for stealing 7 loaves of bread, value 2s.; 1 purse, 2s. 6d.; 1 knife, 6d.; 1 pair of scissors, 6d.; 2 strings of beads 3d.; and 1 basket, 3d.; the goods of Louisa Cohen, her mistress.
LOUISA COHEN . I am a widow, and live at Hammersmith—the prisoner was in my service—I had missed a quantity of bread—I called the prisoner to me on the 8th of Jan.—I told her I had missed bread and other things—I found in her box this loaf—this purse these beads and knife were in her pocket—she delivered them to me—six other loaves were deposited in a basket—had no business to put them there.
Cross-examined by MR. O'BRIEN. Q. Did she open her box? A. Yes—I believe it was locked, I saw her put the key in and turn it—two of her fellow-servants and my daughter were with me when the box was opened—the prisoner did not state the bread was for her own use, nor say it was her own—it is the sort of bread I have—I do not know whether there is anything particular about it—I had two other female servants and a man—the prisoner was my under housemaid—she was to have ten guineas a year—she had lived two months with me—I have not paid her anything yet.
Q. Were not the wages she was to have 5l.? A. No, ten guineas—I keep a ladies' school—the value of these beads is 3d.—some of the young ladies use these beads—I have had this purse about two months—I have three of them—they were made by a pupil—she made one for each of my two daughters, and one for myself—I have the others, and can produce them—these scissors were in the prisoner's pocket—they are mine—I have had them perhaps twelve months—this knife is mine—I do not see any mark on it—I have missed bread on several occasions—I have a nurse, a very old servant, who acts as housekeeper.
GUILTY . Aged 19.— Confined Six Months.
JOHN FRANCIS DAVIS . I am a boot and shoemaker, and live in High-street, Shadwell. On the 26th of Jan. a neighbour gave me information, and I missed a pair of shoes—the officer called on me afterwards, and produced them—they are my shoes, to the best of my belief.
Cross-examined by MR. DOANE. Q. I believe they were hanging on an iron in the street? A. Yes.
CHARLES CLARK . I am in the service of Charles Johann Christian Jamrach. He is a dealer in foreign birds, and lives in St. George's street, St. George's-in-the-East—on Wednesday evening, the 6th of Jan., I missed two birds and a cage—the cage was worth 8s.—I have seen the birds since, but not the cage—I saw the birds at a shop in the Commercial-road—I swear they are the birds we lost.
JOHN DOLTIE . I keep Mr. Culionis' shop, in Nassau-place, commercial-road. I bought the two birds which Clerk speaks to of the prisoner, on the 7th of Jan.—I asked him if they belonged to him—he said yes, he had bought them of a sailor at Blackwall.
Cross-examined by MR. DOANE. Q. There are a great many parrots sold every day about Blackwall by the sailors? A. I do not know—I have been to Blackwall—I have seen parrots come from on board ship—these were nice parrots—they were brought in a basket, not in a cage.
WILLIAM LEE . I am an officer. I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted the 5th of Nov., 1844, and confined three months)—the prisoner is the person—he has had three months imprisonment since.
GUILTY . (†) Aged 20.— Transported for Seven Years.
HENRY HAYHOW . I am a plumber, and live in Vassal-road, North Brixton. We fixed a leaden pump last Oct. for Joseph Harris, for three dwellings adjoining the George the Fourth, at Hounslow—I am sure the pump now produced is the one we fixed.
JAMES THORN (police-constable T 48.) On the 15th of Jan., about twenty minutes to eight o'clock, I saw the two prisoners in company—Davis was carrying this pump on his shoulder—I asked him what he had got—he said, "Nothing"—I laid my hand on it, and said, "What do you call this?"—he dropped it, and ran away—I took him and the pump.
Davis's Defence. In coming home from Windsor I found the pump on the pathway; I picked it up, and carried it.
DAVIS**— GUILTY . Aged 18.— Confined Nine Months.
LONG— NOT GUILTY .
AMELIA SAMUEL . I am a widow, and keep a saleshop in Ratcliff-highway. The prisoner was my servant-of-all-work—she slept with me—I told her to get up at a quarter past seven o'clock in the morning of the 15th of Jan.—having gone down stairs, she came up again, and told me I had been robbed—I went down and there was the street door open—the things in my shop were all thrown on the ground—there were three watches on the counter, and a drawer—I sent for the policeman—when he came I did not miss anything—I
told him I had not lost anything—my daughter called to me that the prisoner was very ill—I sent for a doctor, and for her friends—when I came to look into my drawers I missed one shilling, two sixpences, and three watches—I sent for the policeman again, and told him I suspected the prisoner—the prisoner went into the yard—she came in, and the policeman told her to show her pocket—I found in it a shilling and two sixpences—I said I would give her them if she would tell me what was done with the watches—she said they were not out of the house—I looked into the water-closet, and found three watches—I cannot swear to them as I have a good many, but I lost such.
Cross-examined by MR. HORRY. Q. How long has the prisoner been with you? A. Five months—she has been a good girl.
CHARLES POTTER (police-constable K 212.) I was called in to Mr. Samuel's—the prisoner was brought down stairs—I asked her what sort of a man it was it was she saw in the house when she came down stairs first—she said, "A short stout man, with crape round his face, or his face blackened"—I asked her where she was—she said, "In the kitchen"—she then said, after some other questions, "Perhaps you suspect me"—I said, "No, not at present"—she then wanted to go backwards, and I called Mrs. Samuel to watch her, but she was not out time enough—the prisoner came in again—I said, "I should like to know what you have in your pocket"—I found in her pocket this piece of pocket-handkerchief, and in the corner of it I found a shilling and two sixpences wrapped up in a paper—I said to Mr. Samuel, "There is not doubt the watches are in the water-closet"—I went there, took up the seat, and found these three watches.
GUILTY. Aged 16.—Recommended to mercy by the Prosecutrix. — Confined Ten Days.
517. MARY ANN RICHARDSON was indicted for stealing 4 sovereigns, 5 shillings, and 1 sixpence, the monies of Mark Whittaker; and 3 half-crowns and 2 shillings, the monies of Mary Ann Clewley; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 27.— Confined One year.
MR. PARNELL conducted the Prosecution.
JOHN HULSE . I am a police-constable, in the service of the London and North Western Railway Company. On the 9th of Jan. I was on duty at the Camden station—I recollect looking at a wagon that had come up, and was on the railway—it contained eight casks of tallow—between nine and ten o'clock I assisted in shifting them from one place to another, and I observed the head of one of the casks was out—the tallow was in it, but on the casks being shifted two large lumps, with some small ones, fell out of the cask, through their being bumped backwards and forwards—they fell into the bottom of the wagon—at a quarter to twelve I saw the prisoner coming from towards that wagon—he had something in his hand which appeared white—I
could not distinctly see what it was—as soon as he observed me he stopped—I was crossing the line, about five yards distance off him—he stopped, and turned his face towards the wagon, and held what he had, and what proved to be the tallow, between the wagon and himself—I made a pause, and as soon as he crossed the rail he started back—he turned round, retraced his steps, passed between the third and fourth wagon, and placed what turned out to be the tallow, on the foot-plate of the engine No. 90 and tender—he passed down on the same line that the engine was on—I stepped to the left of the line, and asked the engine-driver who put the tallow there—I then called the prisoner back—he came back, and I asked him what made him take the tallow from the wagon—he said, "Oh, do look over me, and allow the tallow to be put back again"—I told him it was not consistent with my duty to allow him to do anything of the kind—I took him into custody—this is the tallow—I have looked at it, and compared it with the tallow in the wagon—they are of the same kind.
Q. Do they use tallow for oiling the wheels of the carriages and engines? A. No, quite a different thing—I have some of it here.
Cross-examined by MR. BALLANTINE. Q. How came you to ask the engine-driver who put the tallow there? A. My reason was, for more substantial evidence.
Q. Did you not think that your evidence was substantial enough? A. Certainly, sir.
Q. Then how came you to ask the engine-driver? A. Because he saw it put there—I asked him for information—I knew myself—I asked him because I should have another witness.
Q. You did not imagine anybody would disbelieve you? A. Yes—I had not helped to take this bag of tallow—I had seen it before—me and the engine-driver moved the casks—the prisoner was not assisting—he might be present on the stage—he did not come close to me, and talk to me—I did not see him when the wagons were shifting—it was not me let the grease fall out.
Q. Who did? A. It was shifting the casks from one line to another—they were bumped out by the engine—I did not move the grease—the engine moved it—while the engine moved it, it came out—the driver has charge of the engine—I have been a police-constable on this railway four years and five months—before that I was a soldier—I was ten years in the East India Company's service—the prisoner has been there seventeen or eighteen months—we have had a word or two, but it was before this—it was some time ago—we were on amicable terms—my feelings were quite good to him—I had no anger towards him.
Q. Do you remember one day the train being late, and some of the trucks were knocked off the line? A. Yes—it was my duty to give the signals that day—the prisoner said it was my fault that it happened—I told him he was a false man—I did not say if he was off the station I would make him smell hell—I do not recollect the terms I used—I said, 'You are a false man"—these were the words I used, as far as I recollect—a person named Heale was present I think immediately after—there might have been a few other words—I do not recollect what—I have not the best of memories.
Q. Did you tell him you would mark him? A. Yes, I did—I did not say, "I will mark you, you b—r"—it might be "beggar"—I said I would mark him—that was not because he said it was my own stupidity and folly—I said I would mark him because he interfered with my duty.
Q. And I believe you did contrive to mark him, did not you? A. No—I remember Christmas-day—I was on duty—I did not bring up some new wagons—the prisoner came in charge of them—he brought them up to Camden-town—I did not order him to take them back to Kilburn—he did not refuse to take them back, saying he had been two days and one night at work—he never mentioned anything of the sort—I said he was drunk, but not that I would report him for being drunk—Mr. Richards, the clerk, is here—the prisoner did not insist on going to the office—I took him myself up to the office—I did not take hold of him—he walked alongside of me.
Q. Was not that in consequence of his saying, "I will go to the office, and have it ascertained whether I am drunk or not?" A. Yes—he was not sober—Mr. Richards considered him so—he was mistaken—a great many cows sometimes come up by our railway—I have a can—I do not occasionally relieve the cows of any superfluous milk that they may have—I do not swear I have never milked the cows on the railway—I might—I have, but if I did such a thing I have had permission to do it.
Q. But how came you to swear to me that you never had? A. I think that is of immaterial consequence—if a man came up with a quantity of cows, and said, "You can have a can of milk," I might have had it—I have not reported it to the railway company.
Q. Have you used it yourself? A. I have—I believe my inspector who I once had knew of it—that was Mr. Challos—I never said a word about it.
MR. PARNELL. Q. You have been in the service of the railway company some time? A. Yes, four years and five months, and the prisoner has been in their service seventeen or eighteen months.
Q. During that time had you no quarrel with him previous to the occasion of your calling him a false man? A. No. previous to that we had been on good terms.
Q. During you on that occasion show your signal to your fellow policeman? A. Yes, I appealed to the guard, in presence of the prisoner, and the guard said I showed it at 100 yard distance, and the prisoner said I had only shown it at six yards distance—there were high words on that occasion on both sides, and I told him I would mark him.
Q. Was that the mere effect of momentary anger, or a purpose of settled malice? A. No, not malice; nothing more than heat and anger,—on Christmas-day it was not the prisoner's business to bring up the train—he had nothing to do with it, unless he acted as porter—he assisted in getting these wagons on, that were thrown off—that bad not caused any delay, or hindered another train—we moved the wagons off—I saw the prisoner on Christmas-day, at the end of one of the goods-trains, drinking out of a tin can, and a labouring man with him, who appeared to be sober.
Q. Was the prisoner sober? A. Trough the indecent answer he made me, he was under the influence of liquor, not to say drunk—a proposition was made that he should take the train back to Kilburn—it was his duty—he did not take it, because I took him up to Mr. Richards, and he directed me to report him for being absent from duty, and Mr. Richards sent another man—Mr. Richards said he thought the prisoner was not fit to take the train back, and directed me to report him, but I did not, I let him off.
CHARLES INCE . I am an engine-driver in the employ of the London and North Western Railway Company. I do not know this tallow—I know there was a piece put on the engine—I was on the engine—the prisoner put a piece on the engine, on the foot-plate—whether it was this, or not I do not know—immediately
afterwards Hulse came up to make inquiry about it—I did not hear what paased between Hulse and the prisoner.
Cross-examined. Q. Where was the engine going to? A. We were geting ready to go down to Kendall—we have no set time at all—this was laid on the foot-plate.
MR. BALLANTINE called
MR. PARNELL. Q. Do you recollect this transaction on Christmas-day? A. Yes—the parties came to my office—there was a complaint made against the prisoner—it was part of his duty that day to make the engine to Kilburn.
MR. BALLANTINE. Q. You have heard Hulse's statement in this case? A. Yes; from what I have heard him state, and what I know, I would not believe him on his oath—not a word.
NOT GUILTY .
SUSANNAH PEARTREE . I am the wife of William Alexander Peartree, a jeweller in Arlington-street, Hoxton. I employed the prisoner by the week, to make artificial flowers—she went out about the 12th Nov. with three boxes, containing caps and artificial flowers, to sell for me—she did not return—I saw no more of her or the flowers or the money—I believe she did it from distress.
Prisoner's Defence. I was to teach her daughter to make flowers, for which she said she would give me more money than I had earned at the business before, I was greatly distressed, and had to ask her for a few pence to get food; she said she would give 7s. a week, and could not give me more; I complained, and she then fixed a price to each bunch of flowers, which was more than any one in the trade would give; she then brought me three caps, and said I was to take them for sale; they were made with dirty materials; the boxes I had were only paper, and not fit for such a wet afternoon, having no oilskin, consequently the goods were very much damaged and rendered unsaleable; being driven to despair, and cold and hungry, I did not return, but got employ elsewhere.
SUSANNAH PEARTREE , re-examined. I did not owe her any waged—she had 2s. 2d. of me before any was due—my daughter did not want to be taught the business—I took the prisoner in out of pure charity, as I thought she was badly off, and it was winter.
GUILTY. Aged 31.—Recommended to mercy — Confined One Month.
521. JOHN SHARP was indicted for that he, being in the dwelling-house of Dennis Sullivan, did steal 1 jacket, value 2s. 6d.; 1 night-gown, 1s.; 1 shirt, 1s. 6d.; 1 pair of drawers, 1s.; 1 sheet, 1s. 6d.; 1 table-cloth, 6d.; 1 shawl, 6d.; 1 frock, 1s.; 1 cap, 1s.; 1 bonnet, 1s.; 3 handkerchiefs, 1s.; 1 pair of stockings, 1s.; 1 looking-glass and frame, 9d.; 1 picture, 6d.; and 1 glass box, 6d.; the goods of the said Dennis Sullivan, and being in the said dwelling-house, feloniously and burglariously did break out of the same.
to all the neighbours ever since I have known him—none of them thought he could speak—he has been about for four or five months—he came and knocked at my door on the night of the 8th of Jan.—he seemed to me as if he were very cold—he has never said one word all the time I knew him—I gave him some supper—he made signs that he had nothing to pay for his lodging but one penny, which he pulled out of his pocket—I made signs to him that I had no bed—he made signs that if I let him lie before the fire, he was right enough, and I did so—a sister of mine and a little girl lent some things to cover him up—I left him and went to bed about eleven o'clock—my husband got up about ten minutes before six o'clock—I then missed the jacket, the night-gown, and other things named—they were all gone—the prisoner had gone out at the door, and left the door open—he took a bottle that laid on the mantle-piece and put it against the door—I had fastened the door and window myself before I went to bed—I am sure of that.
WILLIAM HUDSON (police-constable 382 k.) I met the prisoner about one o'clock that morning with a hundle—I asked him where he was going—he said to join his ship in St. Katharine Dock—I asked what he had got—he said his sea kit—I asked him at what time he was going in the morning—he said at three o'clock—I knew the tide did not serve, and I stopped him—the bundle contained all the prosecutor's things.
Prisoner. I said the ship was at the Irish Wharf, near London-bridge.—( police-inspector.) This is Mr. Yardley's signature to this deposition—(read—"The prisoner says 'If I come here I get no relief, what was I to do but to steal?")
GUILTY . Aged 19.*— Transported for Seven Years.
GUILTY . Aged 18.— Confined Six Months.
MR. O'BRIEN Conducted the Prosecution. THOMAS UPTON. I live in Golden-square. I carry on the business of a coal-merchant and am in partnership with Mr. Joseph Parker—the prisoner has been our clerk since the 11th of May last—I have an establishment in Marsham-street, which the prisoner used to attend to principally—I have my books here—the prisoner retailed coals there, and what monies he received there he was to account to me for—he was in the habit of receiving money for orders—he was to account to me for them immediately—I did not receive 2l. 14s. from him on the 14th of oct.—I find the name of Lufkin entered in the day-book which was kept at the warehouse by the prisoner—it is entered here two tons of coals sent to Mr. Lufkin's but it makes him a debtor for them to our firm—on the 2nd of Jan. here is an entry of one ton of coals to Mr. Jenkin—here is no entry of its being paid—it makes him a debtor to the amount of 1l. 10s.
Cross-examined by MR. DOANE. Q. I believe you left the management of this place entirely to him, and you were generally in Golden-square or the City? A. Yes—when goods were sent out on credit it was the custom to enter in the day-book, and they were posted in the ledger—he had a slate on which he entered hundreds or half-hundred weights, for which cash was
paid—when the business was over that cash account was added up, and the total was posted in the book as cash, to which the name of no customer would appear—the money he disbursed on my account he had to balance against the cash he received—I did not balance accounts at all with him till Christmas—the accounts between us were balanced a few day before he was dismissed—there was a balance coming from him on the 31st of Dec. of 14l. 14s. 3 1/2 d.—I applied to him on the 14th of Jan., and he paid me 5l. 4s.—that would leave 9l. 10s. 3 1/2 d. due from him—he was to pay that as soon as he could.
COURT. Q. Did that form any part of the 2l. 10s. or the 1l. 10s.? A. No.
MR. DOANE. Q. That was the balance he ought to have had in hand? A. Yes.—this matter came to my knowledge by my sending the bill to Mr. Lufkin, and he showed me the prisoner's receipt—I told the prisoner that—he did not look at the nor did I—it was the prisoner's duty to pay it to me—there are entries of all sums paid by him to me, but he has made these parties debtors to us—by looking at the books I can tell whether any man has paid us—I had looked at them or I should not have sent the bill in—the prisoners acknowledged he had received it—it was on a Saturday that I told him about Mr. Lufkin's case—I had not a knowledge of the other at the time—I did not sy I should insist on his paying the money—I said, "I am excessively annoyed at this, I am very sorry you have placed yourself in this position"—he did not offer to pay me—he said he was very sorry for it, and he would get the money some how or other—I did not tell him to go and pawn his watch, nor tell him he had a watch—he said he would pawn his watch and clothes, and try all in his power to repay it—I discharged him on the Saturday—I did not take him into custody—he went away—the balance he had to pay was cash in hand from the retail business—I charged him with not having paid Lufkin's account—he pawned his watch and clothes and brought me back 2l. 14s., or 3l. 14s., or some money, I cannot exactly recollect the amount, and promised to pay more on Monday if he could—I found him on Monday in a public-house in Carnaby-street—I asked him to accompany me to my warehouse—he went willingly with me, and then I gave him into custody—I kept him at the warehouse from one to two hours because we could see no policeman—on the Saturday I would freely have forgiven him, but on that day he was sent to many of the customers to deliver bills inclosed and sealed, and instead of that he applied to most of them for payment—two or three of them came on Monday and said, "We were surprised you sent to us for money, you never did before"—we felt ourselves not safe, and wrote to them to ask them not to pay the prisoner at all.
MR. O'BRIEN. Q. He owed you 14l. on the cash account? A. Yes—that had nothing whatever to do with the 2l. 10s. or the 1l. 10s.—in my absence it was his duty to pay my partner—he did not say, when I mentioned Mr. Lufkin's case, that he had paid Mr. Parker, but that he had appropriated both the sums to his own use.
CHARLES LUFKIN . On the 14th of Oct. I paid the prisoner 2l. 10s. on account of Messrs. Upton and Parker—this is the receipt I got from him—(read)—"Two tons best Wallsend coals, 2l. 10s. Received for Parker and Upton,—E. WOOD."
Cross-examined. Q. Did you pay this all at once? A. No—I paid the
1l. 10s., my wife paid the rest, but the prisoner put it on the bill that I should be satisfied that it was not booked against me—these other coals had been had previously, and had been paid for when they were delivered.
GUILTY . Aged 31.— Confined Six Months.
OLD COURT.—Thursday, February 4th, 1847.
524. CHARLES SLADE was indicted for stealing, on the 16th of Jan., at St. Mary. Stratford, Bow, 5 coats, value 5l.; 3 pairs of trowsers, 27s.; 2 waistcoats, 14s.; 2 handkerchiefs, 3s.; 1 shirt, 2s.; 1 watch, 30s.; 1 snuffbox, 6d.; and 1 sack, 1s. 6d.; the goods of George Slade, in his dwelling-house: to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
525. JOHN NISBETT was indicted for feloniously uttering a forged request for the delivery of 2 cakes, knowing it to be forged, with intent to defraud William Fincher; and that he had been previously convicted of felony; to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
526. GEORGE PAYNE was indicted for feloniously forging and uttering a warrant for payment of 2l., with intent to defraud Joseph Watkinson: also a certain other warrant for payment of 2l., with intent to defraud Joseph Watkinson; to both of which he pleaded
GUILTY Aged 21.— Confined Twelve Months.
527. FRABTZ WILHELM SCHULTZE was indicted for stealing 3 50l., 30 10l., and 64 5l. Bank-notes, 66 sovereigns, and 10s., the monies of Charles Arnold Madinger Willich, his master.—2nd COUNT, stating it to be the monies of the University Life Assurance Society, in their dwelling-house.—Other COUNTS, varying the manner of laying the charge; to which he pleaded
GUILTY Aged 18.— Judgment Respited.
Before Mr. Baron Alderson
MR. PARRY conducted the prosecution.
Second Jury, before Mr. Justice Coleridge.
MR. BALLANTINE conducted the prosecution.
NOT GUILTY .
Before Mr. Justice Cresswell
530. WILLIAM JOHN LAINSON and SAMUEL GOODENOUGH were indicted for feloniously forging and uttering a warrant for the delivery of" about 56 yards of black satinet, at 2s. 3d.; 50 ditto at 2s. 9d.; 50 ditto as 3s. 6d.; also 1 dozen gentlemen's shirt-collars, 6s.; 1 ditto coloured kidgloves, 30s.; 1/4 black satin scarfs, 10s.; 1/2 36-inch black satin handkerchiefs; good; 3 black satin shawls, 12s. 6d.; and 3 ditto, 15s. 6d.; "the goods of John Falshaw Pawson, Well knowing the same to be forged:—other COUNTS, varying the manner of laying the charge.
MESSRS. HUDDLESTON and PARRY conducted the Prosecution.
JOHN FALSHAW PAWSON . I am a warehouseman, and carry on business in St. Paul's Churchyard—I am in partnership with John Stoat. On the 9th of Jan. I received this letter by the post—(read)—"Debenham, Suffolk,—Gentlemen, You will oblige me by selecting, and sending with care, by the Eastern Counties Railway, to Ispwich, till called for, to-morrow, by the three o'clock train, goods as under (naming various articles as stated in the indictment)—Your attention to this order by the three o'clock train, exactly, will oblige, Yours, &c.—W. JACKSON—WILLIAM MABERLEY."—I handed the letter to John Vigers, a person in our employ, having marked it first with my initials, which indicated that the order was to be executed—the amount of the goods was from 50l. to 60l.—there is no direction on the letter—it came in an envelope—we have a customer named W. Jackson, residing at the Debenham
Cross-examined by MR. CHARNOCK. Q. On what day did you receive the paper? A. On Saturday, the 9th—it came by post—the envelope was destroyed among a variety of others—we do not keep the envelopes—I have not searched for it, but conclude I have destroyed it—this mark on the letter is a cross, as having been looked out, and examined with the order—I cannot swear to Mr. Jackson's writing—we have had letters from him—we did business with him some little time.
MR. PARRY. Q. Is it your custom to destroy envelopes? A. Yes. JOHN VIGERS. I am assistant to Messrs. Pawson and Co. On the 9th of Jan. I received this letter from Mr. Pawson, and executed the order—I did not select the goods—I compared them with the order to see that they were correct—they were then sent into the packing-room, which Mr. Standley superintends.
WILLIAM STANDLEY . I manage the packing department of Messrs. Pawson and Co. On the 9th of Jan. I saw this letter, and saw the goods packed, corresponding with it—they were directed agreeably to the address here, William Jackson, Debenham, by the three o'clock train, to Ipswich, till called for—were packed in a box, which I sent to the Cross Keys by a man named Avery.
FREDERICK AVERY . I am in the employ of Pawson and Co. On the 9th of Jan. I took a box directed to Mr. Jackson, Debenham, to the Cross keys, Wood-street—I have my book here, with the entry in it—it is signed by a person at the Cross keys.
BENJAMIN COTTERELL . I am a porter at the Cross Keys, Wood-street. I signed my name to this entry—(looking at the book)—I sent the box off by the half-past one o'clock cart to the Eastern Counties Railway.
JOHN SNOW . I am a clerk in the Eastern Counties Railway Office. On the 9th of Jan. I received a box from the Cross keys, directed to William Jackson, Debenham, Suffolk—I have my book here with the entry—I sent the box by the three o'clock train, which stops at Ipswich.
Cross-examined by MR. CHARNOCK. Q. Is this the book you made the entry in at the time? A. Yes, I enter the articles at the time they are brought in—this entry was made by me—after I make the entry, I go on the plateform, and see my parcels delivered.
Cross-examined by MR. PAYNE. Q. Do you know the person you received
the box from? A. The porter who drove the cart from the Cross Keys I think it was Hill, but I am not certain, as the porters change—I have an entry of a box received, directed to Jackson, of Debenham—I give my evidence from the entry in my book—I entered the box in the book, and the porter put it into a barrow—I know it was put into the barrow, and taken to the platform—I know it was forwarded to the train—I myself saw the man wheel them out to the luggage-van—it was one of my porters—he is not here.
MR. HUDDLESTON. Q. You did it directly you received the box? A. Yes.
HENRY PATTLE . I am a clerk at the Ipswich station of the East Union Railway. On the 9th of Jan. I received a box by the three o'clock train, directed to Jackson, Debenham—I do not remember anything else on the direction—I know Lainson—I saw him at the station about five minutes after receiving the box—he came into my office, and I heard him speak to Page, the porter—when he came in he looked about at the parcels—I heard Page ask him what he was looking for—he said, "A box addressed to Jackson, of Debenham"—the porter said, "If you will wait a minute Mr. Pattle will tell you"—I looked over the way-bill, and there was one for Jackson, of Debenham—he said he had come for it from Debenham—I then entered it in a book, which I have here, and he signed for it—here is the book—he has signed his name, "J. Jackson"—I saw him sign it.
Cross-examined by MR. CHARNOCK. Q. Had you ever seen Lainson before? A. Never—this was almost the work of a moment—we had not many people there at the time—we have generally—there was nobody with him—I saw a great many people that day, but they did not all come into the office; many did—Lainson's general appearance enables me to speak to him—I should know him anywhere if I saw him—there is nothing particular about him—I have been clerk there four or five months—I cannot speak to all the people who come there.
JOHN PAGE . I am a porter at the East Union Railway. On the 9th of Jan. I saw the prisoner Lainson at the station—I was wheeling the parcels in my barrow to the twelve minutes after five o'clock train—he walked by my side, and looked over my basket—I said, "What are you looking for?"—he did not speak—I said, "Are you looking for anything, sir"—he said, "I am looking for a parcel, in the name of Jackson"—I called Mr. Pattle, and said, "Mr. Pattle, is there a parcel for Mr. Jackson, of Debenham"—he looked over the way-bill, and said, "Yes"—I took the box into the office, and carried it to the Shipwrights' Arms, not very far from the station—Lainson said he was going to take it to the public-house, the Shipwrights' Arms, and I volunteered to take it—I did not take it into the house—he said he did not want to have it taken into the house, that he had a conveyance to take it to Debenham, and I left it outside.
Cross-examined by MR. CHARNOCK. Q. I suppose you had not seen the man before? A. I had seen him before that day, walking about, but not to speak to him, nor to take notice of him—it was for a very few minutes—I was brought up to Guildhall to fix on the man I had seen—he was in the dock—the moment I saw him I knew him—I knew both parties—nobody pointed him out to me, and I had not been there before—I did not know the dock from the other part of the Court—I saw the two prisoners together—I see a great many people at the Ipswich station—I am able to speak to persons when I take particular notice of them—I have to take particular notice when they are suspicious characters, and offer to carry boxes for them when they are dressed like gentleman—whether I get anything for my trouble has nothing to do with this.
COURT. Q. You say you knew them both when you saw them at Guildhall? A. Yes—I have seen them together—I have seen Goodenough round by the station yard, and close by the Shipwrights' Arms—they were both together that day—I have seen them together before.
ESTHER LAST . I am servant at the Shipwrights' Arms, Ipswich. I know the prisoners—I have seen them at our house—on Wednesday, the 6th of Jan., they came and lodged there, and took their meals together, and slept in the same bed-room—they went away on Sunday morning, the 10th of Jan.—on the evening before that Goodenough was in the passage, and asked for a bedcandle—Lainson was not with him—I saw a box in the passage by him—I did not notice the direction on it—I saw them leave next morning—they took a box with them, which I had seen in the bed-room—it was wrapped up when I saw it the bed-room, and so it was next morning when I saw it—the ostler, David Green, took it to the station for them—there was no canvas round it on the Saturday night when it came—they addressed each other as brothers—they gave me no name.
COURT. Q. Do you mean, if one spoke to the other, he said, "Brother?" A. Yes.
Cross-examined by MR. PAYNE. Q. Tell us anything they said in that way? A. I do not know that I can—I waited on them a good many times—they did not call each other Tom and Harry—I never heard them say anything but "brother"—they did not sleep in a double-bedded room—I am the chambermaid—I do not know that I have ever said anything about their calling each other "bother" before, except to the solicitor.
JOSEPH HEMSLEY . I am a ticket-collector at the railway at Ipswich. On Friday, the 8th of Jan., I was in the parlour of the Shipwrights' Arms, and saw both the prisoners there—Goodenough spoke first—he said to me, "My brother has not come down yet"—just as he was saying that Lainson came down into the parlour—I had half-a-pint of porter—they had some bread and cheese—there were some writing materials—Lainson wrote a letter, handed it to Goodenough, and asked what he thought of that signature—Goodenough said he thought it would do very well, and told me he expected a parcel down by the three o'clock train—he said so on Friday, but he did not say on what day he expected it—he asked me which way he was to go to work to get his parcel from the station—I told him if there was a parcel addressed to him at the station, and he went and asked for it, he could get it, by signing his name.
Cross-examined by MR. CHARNOCK. Q. Was the conversation about the parcel on the Friday at the time you saw the writing materials, or later in the day? A. I was there from half-past ten to half-past eleven o'clock; it was during that time—there was no other person there—I was examined before Alderman Farebrother—I was sworn to give evidence—I was there when the other witnesses were examined—my depositions were crossed out—that was a mistake—I believe I said Friday was the day they told me they expected the parcel down: and they understood that I intended to say that they expected the parcel down on Friday, and that was the reason my evidence was struck out—this subpœna was given me at Ipswich.
Cross-examined by MR. PAYNE. Q. When did you get the subpœna? A. I cannot say—the officer who came down gave it me at the station, and said I was to appear here on Wednesday—I believe it was on Monday—I never said, to my knowledge, that the prisoner said he expected the parcel down that day—one attorney for one party has got it down that I said he said he expected the parcel down by the three o'clock train on Friday, and Mr. Jones, the solicitor for the prosecution, has got it down that I did not—I
will swear I did not say so—I was sent back without being bound over to appear—they subpœnaed me afterwards—nobody was in the room when Goodenough said to me, "Good morning, "and said, "My brother has not come down yet"—Lainson was not there—it was between ten and half-past eleven o'clock—when Lainson came into the parlour they had bread and cheese together—I had half a pint of porter and a crust of bread and cheese with them—I had drank and smoked with them on the Thursday evening before in the same room, but not at their expense—when Lainson wrote the letter he handed it to Goodenough and asked what he thought of the signature—Goodenough said he thought it would do very well—I was as near to them as I am to you—I did not see anything of the letter—did not look over it—there was nobody else in the room.
MR. HUDDLESTON. Q. Was it paper of this size he wrote on (handing him the forged order)? A. About that size.
CHARLES BURROWS . I am a pawnbroker, and live at Ipswich. On the 9th of Jan., between six and seven o'clock in the evening Goodenough came to my shop and left a black satin shawl and two handkerchiefs in pledge with me in the name of John Newell—I have the duplicate.
Cross-examined. Q. Were you before the Magistrate? A. No, I first mentioned this about it about a week ago—Mr. Jackson came and inquired about such articles on Tuesday I believe—I knew nothing about any inquiry before a Magistrate in London—I think I read something of it in the papers, but did not know these were the goods—I had never seen Goodenough before to my recollection—a great many people come to my shop—I take down the name and address of people, but no description of them—I do not swear that I can recognise half the people who come, but I swear to the prisoner—I recollect him well by his countenance—he was there five or ten minutes—several people were in the shop—I wrote a ticket and pinned it on the goods—I swear he is the person.
COURT. Q. When did you come to town? A. On Tuesday evening—I know that because I remember it was Tuesday—I swear the prisoner is the man—I recollect him well—he was in my shop ten minutes and I talked to him.
RODERICK DONALD FRAZIER . I am a pawnbroker, and live at Ipswich. On the 9th of Jan., about seven o'clock in the evening, Goodenough pawned two cotton pocket handkerchiefs and one black satin handkerchief at my shop in the name of John Newell, of Stoke.
Cross-examined by MR. PAYNE. Q. Did you take them in? A. Yes—I had never seen him before—I knew him from his appearance the moment I saw him in Court—I see a great many people, but generally know the parties—if it is a stranger I take more notice—being in the country, we generally know any stranger we notice—when he was going away he asked me the way to Stoke—I said, "What part do you want to go to?"—he said, "Near the railway station, "and I directed him, and know he is the person—I swear to him—I was not before the Magistrate—I told the attorney what I could prove.
MR. HUDDLESTONE. Q. He had previously given you his address at Stoke? A. Yes.
DAVID GREEN . I am ostler at the Shipwright's Arms, Ipswich. I know the prisoners—on the 10th of Jan. I took a box for them to the station—the maid-servant ordered me to take it—the prisoners walked before me holding each other by the arm—I did not notice any direction on the box—it was wrapped up in canvass—I left the box on the platform of the railway.
THOMAS LEONARD GOODING . I am a linen-draper, and live at Ipswich. On the 9th of Jan., to the best of my belief, between five and eight o'clock in the evening, the prisoner Goodenough came to my shop—he bought a piece of hessing, which is canvass wrapper, about two yards and a half long, and paid for it—to the best of my belief this wrapper produced is the piece I sold him.
Cross-examined by MR. PAYNE. Q. Will you venture to swear any more than that the wrapper is similar to what you sold? A. I believe it is the same because it is like it, and from the manufacture of it—I have not dined to day—I have had nothing particular to drink, only what I paid for—I have drunk what I felt inclined to have—I will not swear I have had nothing—it is very difficult to swear to a thing of this sort—I swear to the best of my belief—there is no mark on it.
GEORGE POCOCK . I am assistant to Mr. Nash, a pawnbroker, of No. 27, King-street, Borough. On the 13th of Jan. the prisoner Goodenough pledged seventeen yards of checked silk at our shop for 1l. in the name of John Newell.
COURT. Q. Did you know him before? A. Yes, I have know him by that name about twelve months—he has pledged in that name—I know nothing more of him than from his coming to the shop—I did not know where he lived, but he gave his address king-street, which is close to us.
WILLIAM BOYCE . I am assistant to Mr. Reynolds, a pawnbroker, of Stone's-end, Borough. On the 15th of Jan. sixteen yards of silk were pawned at our shop in the name of John Wilkins—I cannot positively say, but to the best of my belief it was by Goodenough.
Cross-examined by MR. PAYNE. Q. Were you not busy at the time, and did not take particular notice? A. I did not take particular notice of the person.
GEORGE TREW (City-policeman, No. 26.) On the 18th of Jan. I took the prisoners in charge at 7, John's-row, Church-lane, Hammersmith—they were at breakfast in the back kitchen—I sent for Sergeant Lee—I found on Lainson seven or eight duplicates, 11s. 4d., and three keys—I asked him if he had any box—he said he had a box up stairs—I said, "Show me the box"—he went up stairs and showed it me—I took the key from him, unlocked the box, and found two pieces of silk, five pairs of kid gloves, two satin scarfs, and three shirt collars—(producing them)—I have the duplicates but they do not relate to this property.
WALTER ROBERT LEE (policeman T 7.) I was with Trew, and took Goodenough into custody in St. John's-row—I saw him searched, and a pair of gloves found on him—I produce two black satin scarfs which I found in a drawer in the front room—nobody told me to go that drawer—in a drawer up stairs I found four linen shirt collar.
DENNIS SHEPHERD . I am silk buyer to Messrs. Pawsons. I saw the letter of the 9th of Jan., and selected a portion of the articles sent by the box—all the fancy goods produced form a portion of the articles selected for the box—I know these fancy silks.
Cross-examined by MR. PAYNE. Q. What do you know the price by? A. By the pattern—I put some silks of that pattern into the box—this is my own pattern made to my order—to the best of my belief it is the particular piece
I selected that day—perhaps twenty-five pieces of this pattern were made—this is one dress-length—there are four or five dresses in a piece—there is no particular mark on it—the lengths sent were two dress-lengths—these have been divided—we sent four, two dress-lengths—this other piece is a single dress-length—I know it in the same manner, being my own pattern—no other house has it—twenty of this patern were made—here is another which I know—there were three pieces of black satin sent—one piece was of the same quality as this produced—there is no mark on it—this other piece is of another quality which we sent—I recognize them by the quality and pattern—I can identify the articles produced by Trew in the same way.
PHILIP JAMES . I am in the employ of Messrs. Pawson and Co. I believe these black and fancy handkerchiefs to be the goods I selected for an order to be sent to Jackson, of Debenham—I selected them myself. (These were the articles pledged at Ipswich.)
Cross-examined by MR. PAYNE. Q. Do you recollect of the particular articles but selected things of this description? A. I perfectly recollect the patterns—we have not a great many of these patterns, but we have others—I selected goods of this pattern and quality that day.
HENRY SILVERLOCK . I am landlord of the Queen's Head, Maze-pond, Borough. On the 11th or 12th of Jan. the prisoners came to my house and staid about two hours—they had nothing with them—they were toghther.
WILLIAM JACKSON . I am a draper, and live at Debenham, in Suffolk. The prisoner Lainson was in my employment—he came to me about the 16th of Nov., and left on or about the 29th of Dec.—no part of this letter or signature is my writing—I did not authorize anybody to write it—there is no other Mr. Jackson living at Debenham—I cannot speak to the handwriting in the letter.
Cross-examined by MR. CHARNOCK. Q. What persons have you in your employment? A. Two assistants, named Garner and Spinks—I believe only on one occasion one of them wrote an order for me—they have no authority to write without naming it to me—Garner has been with me two years and a quarter, and Spink a month or five weeks.
COURT. Q. Is this the writing of either of them? A. I swear it is not.
CHARLES CLARK . I am a draper, and live at No. 10, Great Dover-road, Southwark. Lainson was in my employment about seven years—he left last May—I have seen him write many times, and know this letter to be in his writing very well, all of it.
Cross-examined by MR. CHARNOCK. Q. Had he occasion to write very frequently? A. I attended to my business myself—he was shopman—I have seen him writing at the desk, and have been with him—I know his writing as well as I do not my own—I am quite positive it is his—I do not believe it possible I could make a mistake—he had occasion to write almost daily—I have seen a good deal of his writing—this is not at all feigned, but precisely his natural hand—it was first shown to me about ten days since—I was asked by the officer if I knew that writing—I said directly it is a young man's named Lainson, who used to live with me, before I was told anything about it, and before I saw the signature at all—I said to the officer.
LAINSON.— GUILTY . Aged 27.
GOODENOUGH— GUILTY . Aged 23.
Transported for ten Years.
Before Mr. Baron Alderson.
WILLIAM COOMRS . I am servant to Mr. Hoole, who keeps a fender and fire-iron warehouse at No. 36, Aldermanbury. I had authority to receive orders and execute them on his behalf—on the 11th of Jan., between five and six o'clock in the evening the prisoner came and presented this order to me (read—"165, Piccadilly, 11th Jan. 1847,—Please let bearer have one set brass fire-irons, one set of best case-hardened ditto, for A Howard. John Fulkes)"—we had a customer named Howard in Piccadilly—she had a serv-ant named Fulkes living with her—I told the prisoner we had no fire brasses, but we had case-hardened ones, and gave him one set of the best case-hardened—he took them away with him—I told him we had some with brass heads, which he could mention to Mr. Howard, and he came next morning and brought another order—I knew him from his living at Mr. Howard's.
JOHN FULKES . I am servant to Mr. Howard, an ironmonger, and have been so eleven years. This paper is not my Writing—I had authority to write orders, but did not write this—the prisoner lived with Mr. Howard about two years ago, as clerk—I have seen him write often, and believe this order to be his writing.
Prisoner. I was driven to do this through distress.
GUILTY .— Confined Twelve Months.
(There were two other indictments against the prisoner.)
NEW COURT.—Thursday, February 4th, 1846.
Sixth Jury, before Mr. Recorder.
GUILTY. Aged 24—Recommended to mercy.— Judgment Respited.
(William cooper gave the prisoner a good character.)
GUILTY . Aged 18.— Confined Seven Days.
GUILTY. Aged 16.— Judgment Respited.
(Mr. Fulwood, a broker, gave the prisoner a good character.)
MORRIS DESAXE . I live at No. 5, New Montague-street, Spitalfields; the prisoner was my servant of all work for about three months. On the 6th of Jan. I marked a shilling, which I put on the floor in the dining-room—I missed it the next morning—it was found on the prisoner by an officer whom I called in—he made a further search, and found in her box, in my presence, this small shaw I and these other articles—they had been deposited, before they
were missed, in my wife's bed-room—I had seen them there—the prisoner's box was locked—she gave the key to the officer—she said she did not put these things in her box, but some one else did it without her knowledge.
Prisoner. Q. Why did not you take things out from mine when they were taken out and laid on the bed? A. She put them out on the bed, but I gave her in charge for the shilling—there were two gold rings and other property found—she was taken before the Magistrate, and we then made further search, and found these things.
GEORGE TEAKLE (police-sergeant H 8.) I was called to the prosecutor's on the 7th of Jan., and the prisoner was given into my charge—I asked if she was willing I should examine her box—she said, "Yes," and ran up stairs—I went after her—she unlocked the box, put herself in a great rage, and threw the things on the bed, all the contents of the box were on the bed—I advised her to be more still, and not put herself in a rage, and to turn out her pockets—she put her hand into her pockets, and pulled it out clenched—I took her hand, opened it by force, and found in it eleven half-crowns—I insisted on having her pocket, and in it I found this marked shilling, which the prosecutor identified—the prisoner said, "You have not got me now; I did not steal it, I picked it up"—I then took her to the station, and in consequence of something I heard, I was induced to return and examine the contents of the box more minutely—I then found these other articles.
Prisoner. Q. Why did you not take them when I first threw them on the bed? A. I was not aware at that time that any wearing-apparel was missing—I did not put the things into the box before I lost sight of them—I went to the Police-court first, and the prosecutor went with me—I most particulary requested the prisoner to be peaceable, and put all the things into the box, but she would not—I was obliged to send for further assistance—I found the things on the bed when I returned from the Police-court—my attention was not drawn to these things at first—whether they were amongst the things the first time I do not know.
COURT to MORRIS DESAXE. Q. You went to the Police-court with the officer, leaving the things on the bed? A. Yes—I do not know what became of them in any absence—my wife was in my house, also two men I have working there, and my errand-boy—when the officer looked into her box it was not for clothes, but for silk and parasols that I had missed—I found none of them—I am an umbrella and parasol-maker—the prisoner had such a quantity of things that we did not notice these, and I had not missed any of this property—the things that were on the bed were in the same state as when they were thrown out of the box—I have no person from my house to say whether there was any alteration made in the things while I was gone.
NOT GUILTY .
NOT GUILTY .
537. MICHAL DONOVAN AND WILLIAM JONES were indicted for stealing 5 pairs of sheets, value 2l.; 10 pillow-cases, 10s.; 4 towels, 4s.; 3 toilet-covers, 3s. 6d.; 2 napkins, 2s.; 1 quilt, 6s.; and 8 tablecloths, 1l. 13s.; the goods of James Frederick Duggin the younger; and that Donovan had been before convicted of felony.
something. and ran after a cab which was going in the direction of the City—I stopped it, and found in it the two prisoners, and at their feet this large parcel, tied in this quilt—I asked Jones what he had got there—he said it had nothing to do with him—I then asked Donovan whether it was his—he said no—I was getting into the cab, when I noticed Jones put his hand into his left-hand pocket—I asked what he had got—he said, "Nothing"—I said, "You must not tell me that"—I found in his pocket these two skeleton keys and this knife—I opened the bundle—it contained the sheets and other articles.
JAMES WRIGHT . I live at No. 24, St. Peter's-hill; I drive a cab. On the 23rd of Jan., between eight and nine o'clock in the morning, my cab was on the rank, near Day and Martin's, in Holborn—Jones came out of New Turnstile, which leads directly into Lincoln's Inn-fields—he called me off the stand—when I opened the cab door Donovan came out of the same turning with a handle—he put it into the cab—both prisoners then got into the cab, and Jones told me to drive to Brook-street, Holborn.
Jones. Q. Were we both dressed as we are now? A. Yes.
JAMES FREDERICK DUGGIN , Jun. I am a dyer, and live in Duke-street, Manchester-square. I saw these articles safe about seven o'clock on Friday evening, 22nd Jan., at No. 12, King-street, Holborn—New Turnstile is at the bottom of the street—it is about 200 or 250 yards off—these articles are worth 5l.—they are my own private property.
Cross-examined by MR. MELLER. Q. Are you in partnership? A. Yes, but this was private property—it had nothing at all to do with the trade—when I saw it on the Friday evening, it was in the front shop, about three yards from the door, which opened into the street—it was all packed up in this coloured quilt—we have not a great many visitors who come on business after seven o'clock in the evening, but we have persons come.
JAMES FREDERICK DUGGIN , Sen. I live at No. 12, King-street, Holborn. these articles are my son's—I missed them about half-past eight o'clock in the morning—I went to the station—I had locked the premises up at eleven o'clock at night—tge porter opened the door in the morning to sweep the shop—he did not leave till ten minutes past eight—the property was then safe—it was recovered in about ten minutes after it was lost.
Cross-examined. Q. What induces you to speak so precisely to the time? A. I looked at the clock when I went into the shop at half-past eight—there was very little other property in the shop—this property was there at eleven at night, when I locked up the shop—I did not see it in the morning.
WILLIAM DAVIS . I am porter to Mr. Duggin. On the 23rd Jan. I arrived at the shop about half-past seven o'clock—on opening the shop I saw this bundle—I moved it from the floor of the shop on to a basket, to sweep—I left it to go to breakfast after I locked the door, about ten minutes past eight—I came back about twenty minutes to nine—I am quite sure I had seen the bundle safe at ten minutes past eight—there is no keyhole outside the door—the door must have been left unlocked afterwards.
Cross-examined. Q. There was nothing particular to make you remember the property? A. Nothing more than removing it from the floor on to the basket, about five minutes after I got there.
Jones's Defence. As soon as I entered the cab I picked up these keys amongst the straw; I asked Donovan if they were his; he said "No. "
ELLIS DAVIS (police-constable 129 E.) I produce a certificate of the prisoner Donovan's former conviction from the Clerk of the peace at Clerkenwell—(read—Convicted 2nd of June, 1845, and confined six months)—I am sure he is the person.
DONOVAN— GUILTY . Aged 19.— Transported for Seven Years.
JONES— GUILTY . Aged 26.— Confined Nine Months.
538. JOHN MITCHELL was indicted for stealing 46 lbs. weight of copper, value 39s., the goods of the Governors, Assistants, and Society of the City of London, of and for the Mines Royal, his masters: and LOUISA MOORE , for feloniously receiving the same, knowing it to have been stolen: to which
MITCHELL pleaded GUILTY . Aged 53.— Confined One Year.
MR. RYLAND conducted the Prosecution
JOHN KIRKMAN , Esq. I am a solicitor—I am a also one of the proprietors and members of the Society of Governors and Assistants of and for the Mines Royal—I have their charter here—it was granted by Queen Elizabeth, and confirmed by king James the First, which gave the Company further Powers—it is registered under the statute the 7th and 8th of Queen Victoria—the Company have premises in a street out of Upper Thames-street—I know Mitchell—he has been, to my recollection, in the service of the company for thirty years—he was a porter, but was afterwards foreman.
MICHAEL HAYDON (city police-constable 274.) In consequence of instructions I received, I watched the movements of the prisoner Mitchell on the evening of the 25th Jan.—I knew before then that he lodged at the White Swan, in Upper Thames-street—I saw him on that evening, about a quarter before seven o'clock, at the door of the White Swan—he went from there to Knight's coffee-house in Budge-row—about five minutes after he went in, the prisoner Moore went in—I followed her in—(I was in plain clothes)—she sat down in the same box where Mitchell was—they had some conversation together—when they had been there about ten minutes, they got up to go out, and, as they passed the box where I was sitting, Mitchell said to Moore, "You can have these things, and I will let you have the account to-morrow"—Moore said "Yes"—they then went down Dowgate-hill in company as far Chequer-yard, they stood talking for about a minute, and Mitchell went in the direction of the White Swan, leaving Moore at the corner of the yard—in about five minutes Mitchell returned with a parcel on his arm—it appeared to be weighty, and was done up in handkerchief—(he had had no parcel before)—the prisoners then went together up Dowgate-hill to Walbrook, and went into a butcher's shop on the right-hand side—Mitchell there placed his parcel on the bench, untied it, and took out two parcels wrapped up in brown paper—he placed them in different handkerchief, which Moore spread out upon the bench—he tied it up, and they walked away together to the Bay Tree public-house in St. Swithin's lane—went in and sat down, and remained for about half an hour—they had a pint of warm beer—at the expiration of that time they went away together—they crossed Cornhill and other streets, and went up Artillery-lane, Bishopsgate-street—that is more than half a mile from Thames-street—when they got to the corner of Gun-street, Mitchell gave the parcel which he had carried to there to Moore—he stooped down, and appeared to kiss her—they then separated, Mitchell went towards Bishopsgate-street, and Moore towards Spitalfields church—I followed her, and when she had got about twenty yards, I said, "I am a constable, allow me to ask what you have got there?"—she was then fumbling and adjusting the parcel under her cloak—she said, "Yes—it is copper'—I said, "Where did you get it from?" she said, "I bought it of a Mr. Mitchell, a copper-merchant in Thames-street, but he has apartments at the White Swan—I have just left him—if we walk fast I dare say we shall overtake him"—we walked fast, but did not overtake him—these are the two bundles, wrapped in brown paper, and tied in this handkerchief.
Cross-examined by MR. O'BRIEN. Q. Did you not say to Moore, "Did
you get these from the warehouse?" A. Yes, and she said, "No, I met him down in Thames-street"—she pointed out the direction in which I had seen Mitchell go—I had been near them for about an hour—I sat in the same box with them at the public-house, and at the coffee-shop—I did not hear Mitchell say anything to her about her husband.
MR. KIRKMAN re-examined. Q. Was Mitchell's whole time occupied in his service for the Company? A. Certainly, he was at day work on their premises—he had no establishment of his own for buying or selling copper, to the knowledge of the Company or myself—they certainly would not have allowed him to have it—he worked all day for the Company on 25th January—he was in the habit of selling copper at the Company's warehouse—I apprehend he would be allowed to sell anybody a sheet of copper from the warehouse, on taking it to the clerk and entering it in his own book, which it was his duty to keep—the copper he generally sold was what is called extra slight—it is broader than this copper, but very slight.
HENRY LYNHAM . I have been employed at the prosecutors' warehouse at Dowgate about 6 years—during all that time Mitchell has been foreman there—I know Moore by her coming to the warehouse to purchase copper—she came openly to the knowledge of every body there—the last time I saw her was on the 6th or 7th of January—she was in the habit of buying extra slight plates, 4 feet long by 2 feet wide—it was quite different to this copper—she never bought so much as this at a time, of the extra slight copper—I was present at the transaction on the 6th or 7th of January—Mitchell entered that transaction in a book which I have here—here is the entry, "Moore, extra slight, 7lbs. 4 oz., not paid—I weighed it, and delivered it to her.
Cross-examined. Q. What situation so you fill? A. A porter—I have seen Moore come there ever since I have been there—she came about once in three weeks or a month—all her purchases were from Mitchell—he was in the habit of receiving monay and paying it over to the clerk.
COURT. Q. Do you know that in the case of sales to Moore, he has accounted for the money for those transaction? A. Yes, he has entered them, and then accounted for them—there is no entry of this transaction.
JOSEPH RANDALL . I am in the service of the prosecutors, and live on their premises at Harefield, in Middlesex—they manufacture sheathing copper there—when it is made, and about to be sent up to Dowgate premises, it is my duty to mark all the sheets before they leave—I am what is called a pounder, that is, a weigher—it is my duty to weigh the sheets before I mark them—this copper was marked by me—here is "16" on it, which signifies 16 ounces to the square foot—I can swear to this mark—this is part of the Company's property, and went from Harefield to Dowgate—I don't mark any but for the Company—this copper is used for sheathing ships—I see the sheets when they leave Harefield—they are not rolled up as these are—they always go away very flat.
COURT. Q. This must be beaten out again, must it not? A. Yes—we could not sell them in this state—we never roll any up so close as this.
Prisoner Mitchell. This woman is guiltless—I have given her copper many times rolled up as it is now—Lynham has packed up the copper for her, and I have carried it with her many times—I have sold her as much as 1/2 a out at a time—she has dealt for all sorts of copper the Company keep in their ware-house.
JURY to HENRY LYNHAM. Q. was Mitchell in the habit of packing up the copper which Moore had bought? A. When it has been duly entered and paid for, he has gone out in company with her—I was in the habit of doing up the copper, but not this sort of copper—it was rolled up in paper,
but they could distinguish what copper it was by the width of it—it was the same length, but the copper Moore had was wider than this.
MR. RYLAND. Q. Do you mean that the slight copper Moore bought was ever rolled up in the way this is? A. No, sir—it was rolled, not folded—the sheets she had did not weigh above 3 1/2 lbs., and these weigh 4 lbs. a sheet.
Prisoner Moore. I have had 19 lbs. weight of copper from there; I have dealt there more than twenty years; I have had strong copper many times. Witness. She has had more than 7 lbs., but not 18 lbs. to my knowledge—I have known her to have this sort of copper once or twice when they have been out of the slight copper—I suppose that must be six months before this.
COURT to MICHAEL HAYDON. Q. How near to the warehouse did you see the prisoners together? A. About 300 yards—they walked a much greater distance from the warehouse than it would be to go to it—I do not know of anything to prevent their going and making the bargain on the premised—Moore had to go about a quarter of a mile to her own home when I stopped her.
MOORE— NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
DANIEL CUNNINGHAM (police-constable K 142.) I was on duty in basker's-row, Whitechapel, at half-past eight o'clock at night, on the 18th of jan.—I met the prisoner with three bundles on his shoulder—he was coming in a direction from the prosecutor's shop—I asked him where he brought them from—he said from Mr. Welch, at Stepney, and he was going to take them to Mr. English, a linen-draper, in Bethnal-green-road—I was going there with him, and when he got to the corner of Essex-street he dropped the bundles and ran away—I desired Quick to watch the bundles, and I pursued and took the prisoner—he then said a person had employed him to take the them from Mile-end gate.
LEWIS WORMS I am a linen-draper, and live in Whitechapel-road. These goods are mine—I saw them safe in my warehouse on the night of the 17th of Jan.—after the police had communicated with me I found these were missing—here are two lengths of damask and a piece of drill—it has my mark on it—I had not sold it.
Prisoner's Defence. I did not steal them; I had been hired to carry them; I am a hard-working man; I worked for Mr. Clark.
WILLIAM CLARK . I live in Ravenscroft-street, hackney-road, and am a bricklayer. I have employed the prisoner as a plasterer from last July up to Christmas—I found him honest and industrious while he worked for me—I know nothing of his previous character.
MR. BALLANTINE. Q. Did you never hear that he had been convicted the preceding March? A. No.
HENRY DUBOIS (police-sergeant N 14.) I produce a certificate of the prisoner's former conviction at Clerkenwell, last March—I was present when he was convicted—he is the man—(read—Convicted 17th March, 1846, and confined two months.)
GUILTY . Aged 28.— Confined One Year.
JOHN JONES (police-constable T 31.) I was on duty on the 28th of Jan., at the back of the railway, Warwick-road, Kensington—I saw the prisoner go to a stack of coals and take a lump—he put on his shoulder, and walked away across the road to his own house, in Munden-street—I stopped him afterwards when he came out—he said he had a bit the night before, but did not take it away—I asked him what it weighed—he said it might be rather more than half a cwt.—I went to the house, and weighed the coal—it weighed 80 lbs.
Cross-examined by MR. O'BRIEN. Q. Did you see any other man working there at the time? A. None—I could see over the entire premises—I know JOHN BUGGS—he was at the second examination—I did not hear the prisoner say that Buggs was on the premises when he moved the coals.
JOSEPH FOSTER . I am in the employ of Mr. Buchan. I manage the retail business of his coal-wharf, near the railway at Kensington—the prisoner was in his employ as coal-portet—I did not sell him any coal on the 27th or 28th Jan.—he had ro business to remove any coal from the yard without permission or order from me—this was a piece of inland coal, such as we sell at the wharf.
Cross-examined. Q. What is your master's name? A. Andrew Davison Buchan—he is so called—the prisoner had been in his service about two years—the men were in the habit of getting coals from my master's establishment and paying for them—the prisoner had 18 s. a week wages.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy. — Confined for Seven Days.
541. FREDERICK JOHNSON was indicted for stealing 1 sack, value 1s.; 440 pence, and 200 halfpence; the property of William Jenner.—2nd COUNT, stating them to be the property of Robert Bacon; and that he had been before convicted of felony.
ROBERT BACON . I am a carter, in the employ of Mr. William Jenner. On the 26th of Jan. I was out with his wagon, and flour and sacks in it—I had a quantity of copper money, wrapped up in 5s. packages—it was in two flour-sacks there was 5l. 10s. in one ack, and 6l. 10s. in another—I placed them behind the sacks of flour, in the middle of the wagon, and a trapanlin over them—I had received it myself in payment for flour, and was to take it back to my master—on my way back I stopped at a public-house, kept by Mr. Howe, in Elizabeth-street, Hackney-road—I had a boy with me—I left him at the head of my team, while I wnet in to get some beer—I went to fetch the boy afterwards, and I returned to the head of the wagon—I then saw a man in the wagon, and another on the ground behind it—the man in the wagon got out and ran away—the man who stood on the ground at the back took the coppers and ran away—he carried them about a dozen yards—I cried, "Stop thief!"—he dropped them on the foot-path, and ran after the other man—I ran after them—Rogers pointed to a court—I ran in there, and found the prisoner standing half-way down—I charged him with robbing my wagon—he said, "Master, I have not robbed your wagon"—I sized him by the collar, and took him to the spot where the sack and money were dropped—they were still lying on the pavement—Mr. Howes took it up, and carried it into his house—I followed him in with the prisoner—the prisoner did not say anything—I went for a policeman—we all went to the station-house—I undid
the sack, and found in it 6l. 10s. in copper—when I laid hold of the prisoner I noticed his shoulder was all over white with flour—I called the notice of the police-constable to it—my hands had no flour on them—there was flour on the outside of the sack.
Cross-examined by MR. BALLANTINE. Q. How far was this court from the place where your wagon was standing? A. About 100 yards—there were two turning before I got to it—I lost sight of the prisoner just as he turned the corner, but I got sight of him directly—I saw him turn up the court in which I found him—I saw him turn, and the boy said, "He is down there, master! "—I was going up the court.
COURT Q. Are you clear the prisoner is the man who was at the foot of the wagon, and hauled the sack out? A. Yes.
MR. BALLANTINE. Q. You only believed he was the man when you were before the Magistrate? A. Yes, I was sure—I recognized him while he was at the wagon, and knew him again immediately—I said I was sure of it.
WILLIAM ROGERS . I was standing at the corner of Essex-street—I heard a cry of "Stop thief"—I saw two men running round the corner as hard as they could—I hallooed out, "Stop thief"—one of them turned down the court—I saw Becon—I pointed out the court to him—there was no way of getting out of the court, except by coming out the same way you went in—I followed Bacon into the court, and saw the prisoner standing down the court—I knew him to be the same man I had seen run into the court—when Bacon seized him, he said, "I am not one that robbed your wagon!"—a person standing half way up the court could not see the wagon, or who robbed it—Bacon had said to him, "You are one of them"—he did not say, "You are one of them that robbed my wagon," to my recollection
EDWARD STEVRNS (police-constable N 256.) I produce a certificate of the prisoner's former conviction at Clerkenwell, by the name of John Cull—(read—Convicted 9th Sept., 1845, and confined two months)—the prisoner is the person.
GUILTY . Aged 20.— Confined for Fifteen Months.
JOHN TARVER . I am warehouseman and traveler to Messrs. Partridge and Price, who carry on business as warehousemen, in Cheapside. On the 7th of Jan. I sent 603 pieces of mouselin-de-laine to Mr. Matthews, our dresser and hot-presser, to block and board them—on the 9th of Jan., 300 pieces were returned, and on the 12th of Jan. 303 were returned, making 603 pieces—I afterwards found, on measuring them, from five to a dozen pieces were short of their proper quantity—my attention was called to the fact by Cobley, by the production of some pieces apparently detached from the larger ones—I found by comparison that they had been cut from the larger pieces—these are them—here is the original piece which this one has been taken from—this smaller piece makes up the proper quantity with the other, and this small piece has our private mark on it; and here is also the stamp put by Act of Parliament, by which these goods are registered when they are brought out, they are made of wool and cotton—this piece is worth 1s. 3d.—these pieces are all form our goods—we have no means of swearing to these other pieces—they have no mark—they are the exact patterns of ours—there are several places in the original pieces where these have been torn from—if you take a glass and examine the threads, you will see this one has been torn from this piece—it fits and matches.
Cross-examined by MR. PARNELL. Q. There are two ends to each piece, one next to the board and the other outside? A. Yes—these pieces have been cut from the outside end—these two ends match, thread for thread—we have the copyright of every one of these patterns—it would be impossible for them to come from any other warehouse than ours—that is the reason of this stamp on them—it is generally known in the trade that we have a copyright, and that these are registered—Mr. Matthews has been in the habit of pressing for us for some years—he is a presser and blocker—these goods are originally folded all he has to do is to put them on these boards, and to put these papers round them—that was all he had to do in this instance—these goods were dressed at the works—sometimes they come not dressed—if he had to dress them it does not become necessary to cut them or to tear them—the whole of these patterns were sent at the time the 603 pieces were sent.
THOMAS MATTHEWS . I am a cloth-worker and dresser—I am employed by Partridge and Co., of Cheapside. On Thursday, the 7th of Jan., I received a quantity of mouselin-de-lane from them, to board—we boarded them, and sent some back on Saturday, and some on the Monday—I had the prisoner and about seven more to do the work—I noticed on one of the pieces the name of Partridge and Co.—I think the prisoner would in general have an opportunity in doing that work to detach pieces from them, but not on this occasion—there were seven more helping him.
Cross-examined. Q. There were a lot of others employed on this work beside the prisoner? A. Yes; they were my servants at the time, but are not now, only two of them—the prisoner was at work part of the time these goods were in the house, though not all the time—he worked for me five years—two years at the shop in Noble-street, and three years at No. 46, Basinghall-street—my business is to board and press these goods for Mr. Partridge—I do that for many others—I have these kind of remnants from time to time in my possession—I do a deal for houses, and we buy remnants of this description, and I sell them as well as being a dresser—none of the men in my employ buy them, to my knowledge—there are men in the trade who make a common practice of it—I do not know Petticoat-lane—when I was at journey work I used to know it—I used to work for Dodridge and Lowe, and our cart used to go sown there; and Rosemary-lane I know, but still I am not a dealer there—I believe these could be bought and sold in Petticoat-lane—I never had a more honest lad than the prisoner—till this matter, he had always borne an irreproachable character—I am sorry to have to appear against him—I would employ him again to-morrow.
THOMAS COBLEY (police-constable K 65.) On Sunday evening, 10th Jan., I was on duty in Globe-road, Bethnal-green, and I met the prisoner carrying a bundle under his arm—I asked him what he had there, he said, "Cloths"—I desired him to let me see them—he partly opened the bundle and said they were de-laines—I asked him where he got them, he said he had no business to tell me—I asked him where he was going to take them, he said he would not tell me, but I might come and see—I said that would not do for me, he must come with me—I took him to the station, and found in the bundle these 44 pieces of mouselin-de-laine.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Four Months.
543. THOMAS HEALY was indicted for stealing 1 copper, value 9s., the goods of Francis Arandale, and fixed to a building.—2nd COUNT, not stating it to be fixed; and that he had been before convicted of felony.
SAMUEL WILLIAM WOODCOCK . I live at No. 9, Camden-cottages—On Tuesday, 19th Jan., I saw the prisoner pass my wharf, carrying a copper—when he had got a little way I went behind him, and asked him where he had got it from—he told me he brought it from his father's buildings—I told him I knew better—I suspected the prisoner, and told him to come along with me—he said he would—he put the copper down, and ran away—I ran and caught him—I brought him back, and took him and the copper to the counting-house—I sent for the policeman—the prisoner told him he had found the copper.
Cross-examined by MR. MELLER. Q. How many persons were with him at the time you saw him with the copper? A. He was walking by himself—it was between six and seven o'clock in the evening—it was dark—I am quite sure I did not see any other boys with him—I saw no one near him—he did not tell me some one gave it him to carry—I did not charge him with stealing it—I used words to that effect—I had never seen him before—I told him I knew he had not brought it from his father's builidings—he said he had—I was standing at my wharf gate—there is no pavement on that side—there are no lights on that side—there might have been boys there, and I not have seen them.
GEORGE DEANE . I live at No. 13, Sussex-terrace, Camden-town, and am a milkman—I have the care of the house No. 12 there—I saw a copper there all right on the 18th of Jan.—I cannot swear that this is the same copper that was there—this copper was fitted in the brickwork—I never had any mark on the copper—I never used it—the policeman can speak as to how it fitted.
JOSEPH O'BRIEN . I live at No. 42, Easton-street, Clerkenwell, the house No 12, Sussex-terrace, belongs to Mr. Francis Arandale, of Brighton—I know nothing of this copper, but I saw the copper there on the 29th Dec.—the copper, and the bells. And leaden pipes were all perfect—the copper was set in work—I have seen the work since—I cannot say whether this copper came out of that vacancy—a copper was taken out, but I cannot say this is the copper—I have no mark on it.
Cross-examined. Q. You speak of this house being the property of Mr. Francis Arandale, has he any other name but that? A. Not that I know of—he writes his name "Francis Arandale" to me—I have one of his letters here—I never saw him sign any other name—his letters to me have contained directions, and I have acted on them.
SAMUEL ELMORE (police-constable S 184.) I went on the following night to ascertain if this copper came out of that vacancy—it fitted in quite well—I judged the copper had been in there before, by the black mark on the copper where the fluc had been—the bolts fitted in.
Cross-examined. Q. There is nothing particular in the appearance of that copper—it is an oridinary copper? A. I do not know more than that it fitted the place—another constable was on the beat, and he went with me—he is not here—I fitted the copper—it went down evry easily, and where the bolts were it fitted—I cannot tell whether it was a stone floor or wood—I only looked where the copper came out, and where the bolts came out—the bolts keep it down—they come out of the bricks and mortar—this copper weighs about 25lbs.—I think the prisoner could have walked with it to the place where he was taken—the sweat was running down his face—he was taken 200 or 300 yards from where the copper was taken from.
GEORGE COLLINS (police-constable 59 S.) I produce a certificate of the prisoner's former conviction at Clearkenwell—(read—Convicted 29th Sept., 1846, and confined one month)—the prisoner is the person.
GUILTY . (†) Aged 14.— Confined Six Months.
SAINTY BARNWELL . I live in Lower Simonds-street, Chelsea. On the 4th of August the prisoner came and knocked at my door—my wife let him in—he came in the name of M'Gan, he said he was my wife's brother, and he was glad he had found his sister—my wife said she did not know she had a brother—she had him in and made much of him—he remained till the Friday evening—he then absconded, and we missed two silk handkerchiefs and a pair of stockings—he stated that he had brought two feather beds and a piece of linen for sheeting from my wife's friends in Ireland, and be borrowed a sovereign on the Wednesday to go the Docks to release those thing and bring them, but he did not bring them—I found him on the 15th January, and gave him into custody—he acknowledged he took the handkerchiefs, but not the stockings—my wife had left Ireland 24 years ago, when a child, and she did not know whether she had a brother—the prisoner could tell all her relations better than she could herself, and she had a letter about a week before he came to say he was coming, and she thought everything he said was true.
REBECCA GRAHAM . I am servant to the prosecutor. I remember the prisoner coming to his house in Aug.—he said he had come from Ireland, and had got some beds and some sheeting, that he had been a sergeant in some regiment in India, and had got a great deal of property from there, silks and satins, and everything else, and a great quantity of jewellery—he got a sovereign on the Wednesday to go to the docks to get thing out—he said they were quarantined—he introduced himself as one of the family—he said my mistress's father had married another party in some other part, and he was her brother—he stopped, and was made very much of, till Friday, when master was gone to town he made off—I missed the handkerchiefs and pair of smoking—I recollect the prisoner took up the handkerchiefs and rubbed them to his face to see if they were India handkerchiefs—he said they were not India as his were.
Prisoner. I am very sorry for what I have done; I did it in distress; I have neither friend nor relation; I had no home, and could ge no work.
GEORGE THOMPSON (police-constable U 64.) I produce a certificate of the prisoner's former conviction at Clerkenwell by the name of James Moriarty—(read—convicted 17th March, 1846, and confined four months)—I had the prisoner in charge—he is the same person.
GUILTY . Aged 64.— Confined Sir Months.
JOHN AYRES . I live at No. 4, Caves-lane, Chatham. On Tuesday afternoon, the 5th of Jan., I met the prisoner in company with another person—the prisoner laid hold of me by the arm and claimed acquaintance with me—she said she knew me in Liverpool—she inducted me to go into the Cock and Neptune—she dragged me in by the arm—she wanted me to have some gin—I stood at the bar—she said, "I shall be 2d. to your 2d. for some gin"—I said I did not want any gin—on going out of the door I missed my watch from my jacket pocket—from information I received I went to a house No. 3 in a court close by—I found the prisoner there—I told her I wanted my watch
she said she had not got it—I said I would get a policeman—she called me back and told me not to be in a hurry to get a policeman, and I should have my watch—she sent a little girl for it—the girl came back and said she could not find it—I went out again—she called me back and sent the girl again—I was then going again and she wanted to run away, but I held on to her till the policeman came—the pawnbroker has my watch.
Cross-examined by MR. PARNELL. Q. How much had you had to drink that day? A. Nothing but a glass of ale after I got out of the railroad—I had one glass of spirits as I came in the van from Chatham to Gravesend, and another as I came from Gravesend in the steamer, and one glass after I got out of the railroad—the public-house was in the highway close to Welclose-square—there was no one with me—I only saw one woman with the prisoner—the Cock and Neptune is just across the road from where I saw the prisoner—I had nothing to drink with her at the public-house—she lugged me in to have some gin—she did it by force—I could have prevented it if I had liked to ill use her—I was quite sober—I do not suppose I was in the house two minutes—I had nothing to drink—the barman told me where the prisoner lived—there are two doors to the public-house—the prisoner and the other woman went out at one door, I went out at the other—there were three or four persons in the house where I found the prisoner—two were lying down on the floor—neither of them were the person who had been with the prisoner before—the first thing I said was that I wanted my watch, and the prisoner said she had not got it,—I said I would soon see about that, and I went out to get a policeman—I am quite sure I did not ask where the other girl was—I saw my watch in the pawnbroker's hand yesterday—this is it—I generally carry it in my jacket pocket—I had felt it safe not a minute before I went into the public-house—the last time I looked at it was in Lower Thames-street—it was then half-past three o'clock—that is about ten minutes walk from Welclose-square—I had no handkerchief in that pocket—there was nothing in that pocket but a bit of tobacco—they were all in a heap together—I discovered my watch was gone when I got just outside the door of the public-house—I put my hand and felt the guard was cut—I did not see that either of them had a knife in their hand—this is a piece of my guard—I was not longer than two minutes in the public-house—I felt nothing of the knife, nor a hand in my pocket—I was perfectly sober—I was not fumbling the prisoner about, nor touching her—a mob got round me outside the public-house when I was holding the prisoner till the policeman came—she was striking me—I told her to be quiet—I did not strike her at all—I have not seen the other woman since—I did not say I might have seen the prisoner in Liverpool—I told her I could not have seen her there—I never was in Liverpool in my life.
THOMAS CALEY (police-constable H 119.) I found the prosecutor holding the prisoner when I came up—as she was going to the station, she said she did not take the watch, the other one did—I had seen the prisoner twenty minutes before four o'clock with a person I knew, and I suspected her—found the watch at Mr. Andrews's, a pawnbroker, in the Minories.
BENJAMIN HAZELDINE . I am pawnbroker—I live at No. 121, Minories I took in this watch of a female, on the 5th of Jan., at seven o'clock in the evening—the name that was given with it was Catherine Speed—our shop about a mile from Wapping—I know the prisoner was not the person who pawned it.
o'clock in the day—I found it pawned in the name of the person I had met the prisoner with, just before the prosecutor lost his watch.
GUILTY . Aged 27.— Confined Nine Months.
OLD COURT—Friday, February 5th, 1847
546. JOHN IRONS was indicted for feloniously forging and uttering a request for the delivery of 10 yards of plaid, and 6 yards of lining, with intent to defraud Salmon Burrell and others: also for forging and uttering a receipt for 13s., with intent to defraud Charles Fox: also for forging and uttering an acquittance and receipt for 1l. 7s. 2d., with intent to defraud the said Charles Fox: also for forging and uttering an acquittance and receipt for 7s. 5d., with intent to defraud the said Charles Fox.
GUILTY . Aged 32.— Transported for Seven Years.
ELIZA MASTERS . I live in Duck-street, Lisson-grove, in the parish of St. Marylebone, and am the wife of Daniel Masters—I keep a chandler's shop. On the 17th of Jan., about five o'clock in the evening, I was sitting in the parlour behind the shop, and heard the window break—I got up, and went into the shop, and saw the prisoner's arm through the broken pane—I am certain it was him—I knew him before—I saw his face—I afterwards missed 10s. worth of cheroots from the window—I went out of the shop, and saw two more boys with him—they ran away—I followed them, but lost them—I returned—I knew where the prisoner lived—I went to his house, and told his brother of it, and about half-past eight o'clock the prisoner came to me, and asked if I wanted him—I said, "Yes, for taking cheroots and cigars out of my window"—he said it was not likely he was going to rob me when he was coming in and out of the shop every day—I sent for a constable, and gave him in charge—I had seen the window secure about three quarters of an hour before it was broken.
Cross-examined by MR. MELLER. Q. Is ypur a corner shop? A. Yes—it is a crowded thoroughfare—it was between the lights—I had no light in the shop—saw the arm thrust through the window—the prisoner was in a moleskin coat—the arm was withdrawn ina moment—I did not see person in the street except the three boys—they were six or eight yards off when I came out—I do not think it was fifteen yards—I saw the prisoner daily—he generally wore a moleskin jacket—I am certain it was him.
SARAH STAMP . I live in Duke-street. On the 17th of Jan. I was sitting in the parlour with Mr. Masters, and heard the glass break—I went out with her, and saw the prisoner at window—I am quite sure it was him—I have known him three years—his arm was through the window when I went to it, and I saw his face—it was light outside—I went to the door, and he ran away.
Cross-examined. Q. You saw his face through the window? A. Against the window—I saw his face as well as his arm—I do no think I told the Magistrate that I saw his face, I omitted it—I have not talked to Mr. Masters on the subject since.
SAMUEL CHESTER (police-constable D 23.) I took the prisoner in charge—he told me the following morning, on the road to the office, that he did not put his arm through the window, he only picked up something which dropped from it.
NOT GUILTY .
Before Mr. Baron Alderson.
MR. PAYNE conducted the Prosecution.
JAMES COPE . I am an engraver, and live in Frith-street, Soho. I have known the prisoner about a year and a half—he owed me an account in Oct. last, and on the 14th of Oct., in the afternoon, he came to my house, and produced this bill of exchange—(looking at it)—he said he had drawn that bill on Mr. Breese, as the result of his quarter's account with that gentleman, and if I would give him the difference we would square up, or something—he said Breese was one of his the employers; that he was a coach-plater, living in Hart-street, Covent-garden: that it was a genuine bona fide trade bill, and would be met—it had what appeared to be Breese's acceptance on it at the time, and he was speaking of that—in consequence of what he said, I took the bill—I knew there was such a person as Breese, and that he was a respectable person—I gave the prisoner 11l. odd—I cannot exactly tell what he owed me, but I believe I paid him 11l. 9s.—the bill is for 23l. 14s.—he owed me the difference—I think it was 9l. 11s. I gave him—it was that or 11l. 9s.; but the learned gentlemen are surrounding me so that I can hardly tell which; if I had a fair field I could do.
COURT. Q. You gave him the balance, whatever it was? A. Yes—I presented the bill to Breese when it became due—it was not paid.
Cross-examined by MR. PARRY. Q. I believe you are a bill-discounter? A. Not professedly—I have occasionally discounted bills—I am not manager of a loan society, I am employed by one—I have discounted several bills for the prisoner, purporting to be accepted by Breese—(the bill was here read, dated 12th Oct., 1846, at three months, for 23l. 14s.)
EDWARD BREES . I live in Hart-street, Covent-garden, and am a coachplater. The acceptance to this bill is no my handwriting—I know nothing of it—I never authorized the prisoner or any person to accept this bill for me.
Cross-examined. Q. It is not at all like your writing, is it? A. It does a little resemble it in the name Breese, except the E—I have known the prisoner about twenty years, but had not seen him for twelve years, till within the last three years—he is a master smith—during the three years we have done a little business together—I never accepted but two bills for him in my life—the last was in January, 1846—he came to me, and said, if I would oblige him by accepting a 19l. bill, he could not exactly tell what time the party would discount it, and asked me to leave the date—this is it,(looking at it,) and the only one in existence—there never was but one previous to this, which was one for 14l., and the prisoner destroyed that—the 19l. was an accommodation bill—I did not owe him a shilling—I had paid him my accounts. Q. Was there not an account between you at that time? A. Nothing but a few jobs—not 1l. altogether—I accepted it entirely to accommodate him, as he said in three months he could take it up—I did not pay that bill—he gave me a memorandum at the time.
Q. About the first or second week in Oct. were you at the prisoner's shop? A. I don't think I saw him himself for a week previous to this bill being dated—he had done a few jobs for me and I for him, but I did not see him—I think I was at his shop the beginning of Oct.—I had paid the balance of his account, and had his receipt—he wished me to be security to a loan society for him, which I declined—everything was paid—he did not at that time speak to me ablut the 19l. bill—he came to me, and stated that he had lost the 19l. bill, and would I accept another that was a few days after
the 19th Jan., 1846—I objected, and did not accept another—he said he had given it to a person to give cash for it, and had lost it—I said, "I should like to see the party, give me his address"—he said he did not exactly know the address, it was somewhere about Clerkenwell—he gave me a memorandum that it was lost, which I have here.
Q. When he gave you that memorandum, did not you accept this 19l. bill? A. No—said the bill was dated the 16th, and the memorandum was dated the day he said he had dated the bill, but it appears he had cashed that very bill—I am certain I did not accept a bill instead of that—I only accepted one in Jan.—he gave me the memorandum to try to induce me to accept another, but I did not.
Q. When you called on him in Oct., did you not speak to him about the 19l. bill you had accepted in the early part of the year? A. No—I did not know it was in existence—I had accepted a 14l. bill previous to the 19l., but never one afterwards—the 14l. bill was in Cope's hands and became due in Jan.—I said nothing to him in Oct. about a bill or bills in Cope's hands—I said nothing at all about any such bills.
Q. Did not he tell you the bill or bills in the hands of Cope had not been taken up, and if you would give him your acceptance for 23l. 14s. he would take them up? No—there were no bills in Cope's hands—he did not say that or anything to that effect—nothing was said about a 23l. bill at all at the interview in Oct.
Q. Did not you say I bad rather not accept a bill of 23l.? A. I never heard anything of it at all, and I never was asked a question about it—he did not say he wanted the bill at once, and beg me to accept it at once—he said nothing about it, nor did I say very well, you may put my name to it, nor anything to that effect—I have been in the habit of running into his shop at various times on business—perhaps twice a week, at that time, about trifling articles—I might have been there two minutes or five or six minutes early in Oct.—I did not produce any bills of parcels to him—accounts were not produced on both sides—I don't think I have seen him since the 10th or 12th of Oct. myself—this bill was regularly presented by cope for payment—he had not presented any other bill at my house—I had no transaction with Cope on my own account—I have been in business there about five years—I was never in pecuniary difficulties.
MR. PAYNE. Q. Did you, on 12th Oct., owe him 23l. 14s., or anything at all? A. No, and never authorized him to put my name tio any bill—I never accepted any bill for him, except the 14l. and 19l. bills, which 19l. bill he said was lost—I refused to accept any other—I had left the date of the 19l. bill fior him to put in.
Cross-examined. Q. You took him in Earl-street? A. Yes—about a hundred yards from his own house.
JAMES COPE re-examined. Q. Have you discounted bills on Breese before? A. Bills purporting to be accepted by Breese, but previous to their coming to maturity the prisoner took them up—I have discounted bills accepted in writing like both these bills.
MR. PARRY called
JOHN LINES . I lived in Brompton-road, but now live at Islington—I am the prisoner's son-in-law. I was at his shop in Earl-street, Seven-dails, early in Oct.—it was about the 10th or 11th of Oct. Mr. Breese came to the shop—I had never seen him before—I think it was rather before twelve o'clock—I
was standing just by the bellows, and seeing him come in I thought I ought to get out of the way, not knowing his business—I got up in a conrner—I was taking some bread and cheese and porter—I could hear what passed—they were talking together about five minutes—Mr. Breese was about to leave the shop, when Mr. Johnson turned to him and said, in a faint voice, "What is It you want?"—Johnson said, "I want you to do a little bill for me to-day"—Mr. Breese said he was in a hurry, as he was going somewhere, but would be back in about an hour or an hour and a half—Mr. Johnson said that would not do, it must be done directly—the answer of Mr. Breese was, "Well, if that won't do——"—I beg pardon, Mr. Johnson said, "Will you allow me to sign it for you?"—the answer was, "Why, yes it will be all the same."
Q. When did Breese say, "If that won't do?" A. I was going to tell you wrong, sir—Johson asked if he would allow him to sign it for him—Breese said, "Yes, that will do, I dare say; there is no doubt you know that will do"—by that Breese left the shop—nothing was said about "If that won't do" at all—I was going to tell a falsehood, I recollected myself—that is all I remember of the transaction.
(John Crow, broker, of Great Karl-street, Seven-dials; George Blair, saddler, of Brewer-street, Golden-square; George Houghton, saddler, of prince's-street, Soho, gave the prisoner a good character.)
GUILTY . Aged 52.— Transported for Ten years.
549. JAMES BARKER and GEORGE BARKER were indicted for burglariously breaking and entering the dwelling-house of John William Edmonds, about the hour of one in the night of the 8th of Jan., at All Saints, Poplar, with intent to steal, and stealing therein 3 watches, value 48l.; 1 watch and guard, 6l.; 1 watch-chain, 8l.; 1 watch-key, 1l.; 1 half-pint of gin, 2s.; 1 bottle, 3d.; 2 decanters, 2s.; 12 bags, 3s.; 2 cash-boxes, 12s.; 1 hat, 10s.: 2 glass-rummers, 2s.; 12 sovereigns, 8 half-sovereigns, 8 crowns. 48 half-crowns, 606 shillings, 244 sixpences, 72 pence, 48 halfpence; 1 20l. Bank-note, 1 10l. Bank-note, and 2 5l. Bank-notes: the property of the said John William Edmonds.
MESSRS. CLARKSON, BALLANTINE, and HUDDLESTON, conducted the Prosecution.
JOHN WILLIAM EDMONDS . I keep the steam-ship inn, Naval-row, in the parish of All Saints, Poplar—I have had the house since june twelve 3 months. At the time I took it I took the Prisoner James Barker into my service as potman—he had been living with my father in the same house previous to that—he slept in my house until the pass the landing on which my bedroom door my bedroom—he would have to pass the landing on which my bedroom door is, to go his own room—from the time he ceased to sleep in the house he would have no business at the top part of the house, nor up stairs at all—he was then an out-door servant—when I went to bed I generally locked one cash-box up in the iron chest in the bar-parlour, and one I used to take up to bed with me, with a basket containing the whole of the keys of the house—the prisoner James, when he slept in the house, used to go to bed exactly at the same time as myself—I always locked my bedroom door within, and left the key crossways, as I considered it was more safe so—that was my habit—the prisoner was perfectly aware of my habit of taking up the keys and the cashbox—he used generally to follow me up stairs, two steps behind me—he had ample opportunity of seeing where I put my cash-box—he was close behind me every night going to bed, and when I opened my bedroom door he could see plainly where I Placed my cash-box before I locked the door—on the
night of the 8th of Jan. I was one of the last persons up, with my wife and housekeeper—it was the practice of the potman to leave between ten and half-past ten at night—I went to bed on the night in question about twelve, or half-past—I had seen nothing of the prisoner James Barker from half-past ten till the time I went to bed—the last time I saw him that night was at a quarter before ten—he was then opposite the bar—he was fastening up the shutters in the front of the house—there are places where he might have concealed himself in the house—I went over the house that evening to see that the fastenings were all safe—I saw the shutters of the front window, where I had seen him a little before ten o'clock—the screw was placed in the hole, and to all appearance fastened, until I went to try the fastenings, as I do every night, and I then found it was only placed inside, to deceive me—it was insecure—it was placed so on purpose, because I always found the place left secure except that night—if the shutters had remained in that way it would have been easy to get in at the front, without any noise at all—I made them fast—I then did what I usually do with my cash-box—I went round the back of the house, and it was all safe then—the back window leading into the garden was down and faxtened, and the blind in its proper place—it is a dwarf blind at the bottom of the window—I went all round the back, inside the house, not outside—I took up the basket with me and the cash-box, according to my usual custom, and locked up the other cash-box in an iron safe—I locked my bedroom door as usual, and, as far as I recollect, I left the key crossways in the lock ad it is now—(the lock was Produced)—a little after six o'clock next morning I was awoke by Cowles, the gardener—I had not been disturbed during the night—as soon as the alarm was given I found my bedroom door half open—the gardener did not come into the room—he came to the door and knocked—I received a light from his lantern, then discovered that my cash-box and key were gone—I then went down stairs—I observed the piece of iron produced sticking through the key-hole of my bedroom door—I ran against it—I went down to the parlour, and found the iron safe half open, and my bunch of keys lying on the ground—it had been opened by those keys—I missed the other cashbox from the safe—the cash-box in my bedroom contained 20l. in gold and silver, chiefly silver—the cash-box in my contained one 20l. in gold and 5l. note, and some silsver and gold; making altogether 80l.—I missed a good deal of property altogether, about 200l. worth—more than half of the money was cash—I missed two gold watches, a gold guard, a gold chain and key, and one silver watch out of the back of the drawer in my bedroom, some glass decanters, and pint rummers, a bottle of gin, and a hat—I found the bottle afterwards, broken, and about a gill of the gin left—the police came, and went round the back part of the house—I found my hat in the water-closet, burnt in the inside, as if a candle had been concealed in it—the name was burnt out—they had had the hat to screen their lantern, to examine the papers with; some dock warrants, and other papers, of no value to any person but myself, were found in the water-closet—I went round the house and fount no marks of violence outside—I went to the coffee-room window at the back of the house, and found it part of the way open—the dwarf blind was moved on one side, and the window open sufficient wide to admit a man, or two men, at a time—a person could get at the front window, the shutter of which was unscrewed without leaving any marks at all, but behind the house they must get into the garden, and come to the coffee-room window—they had piled some baskets to get up on to reach the bottom cill the window, which is about eight feet from the ground of the garden—there were about six one-dozen wine-baskets piled up to form steps to the window—they could get within one foot of the window from the baskets—there was nothing at all about the
window which appcared to be broken—there were no marks on the window frame—it was fastened when I went round the night before—it could be opened from outside by putting a knife through, but there was no mark of that, or of any violence at all—the six baskets were not there the night before—they were in the bottle-house, which is near the window, and that was never fastened—it was accessible from the outside, from the yard adjoining the garden—I traced the footsteps of one person approaching the house, and two going from it—we traced the footsteps into the garden—the last one pointed towards the window, but did not come quite up it, as there was gravel, which would not leave an impression—James Barker's proper time to come in the morning was seven o'clock—he came at twenty minutes after seven the morning in question, at the time when the constables were in the house—I went into the room where he was, with the officer, and asked him, in the presence of the officer, what time he was at his own home last night—(he livesin Randall-street, Poplar, or Bromley, a bout a quarter of a mile from the house—he would not have to be in the Harrow-lane to go home—if he went the Harrow-lane way he must go up Newby-place)—he said he was at home at half-past ten o'clock—Brenchley, the constable, said to him, "Why, I met you this morning, at a quarter to two, in Newby-place"—he denied being out at that time, and persisted in saying he was home at half-past ten—he did not say whether he went out again—Puddeford showed him the iron wire, and asked him if he knew anything about it, or had ever seen it—he said nothing, but appeared very frightened on seeing it—one of the constables told him he must consider himself a prisoner—I had seen the prisoner George Barker frequently at the house—I did not know him to be James's brother—he was at the house every day, I may say—I saw him there last on the Thursday, the day before the robbery.
Cross-examined by MR. DOANE. Q. You had seen him every day for nearly a fornight at the house with his brother? A. Yes—James lived with my father before he came into my service, it might be a month or two months—I was living there at the time—I know he was there two months—I took him with the house—the window, the shutter of which had a screw loose, is in a public thoroughfare—it is in front of the house, in Naval-row—that screw would enable anybody to take down the shutters; if it had been left as I found it, anybody might have got in—they must have either lifted the casing of the shutter up, or lowered the sash, to get in—I should think that would make a noise—it is a plate-glass window, a large sash—I do not think it would make a sufficient noise to disturb people, or call attention—the room at the back is that marked E on this plan (produced)—the window they got in at is eight feet from the ground—they had opened the back door to get out—it was found wide open—it leads into the garden—in my judgment somebody got in at the back window, and not out of it.
COURT. Q. Do not you mean two people got in? A. One or two persons got in, because there were footmarks on the seat—I believe one person got in, and then two persons went to the back door—the back door has no key; it was bolted inside—there was another door set open, an inner one, and kept back by two plates which they got out of the pantry.
MR. DOANE. Q. If the entry was at the window, whoever came in must have come along the garden? A. They could have come that way by coming along the railway—they must have got to the garden to get to where the baskets were, unless they had been concealed in the house, and if they had been, they could have opened the door, and there would have been no necessity for the preparations outside—they would have no difficulty in getting up to the window, if they knew where to find the baskets—I saw James last
about a quarter to ten o'clock—he slept in the house until the 1st of Nov.—he had not slept in the house for some time before the robbery—I knew that, on the 14th, when I came home from Brighton—I have heard he got married on the 1st of Nov.—he took his things away the day before, but I was absent—I returned from Brighton on the 13th of Nov., and have been in town ever since—he usually came about seven o'clock in the morning—when he came this morning the officers were there—I was one of the first to speak to him as to the time he got home the night before—the two officers also put the question—he said, "I was at home at half-past ten "—Brenchley then said he had seen him out after that—he denied being out at all, or meeting Brenchley, and declared that he was at home at half-past ten, and had not been out all night afterwards—I am certain of that—I have no doubt of it—the greater portion of the money I lost was in silver—sometime I have an immense deal of silver—the 40l. in cash-box was chiefly silver, and the 20. in the other also—there was 60l. in gold and silver—the chief part of it was silver—I can not say whether there was 50l. in silver—they took 10s. in copper out of the till.
MR. BALLANTINE. Q. Was there one bolt or more to the black boor? A. One at the top and one at the bottom—they were the usual strong bolts which are put on black doors—you might have got them back without noise, as they had been oiled lately.
CHARLES COWLES . I am gardener to Mr. Edmonds. On the night of the 8th of Jan. I slept on the premises—I want to bed that night about half-past eleven o'clock, and got up about half-past five—I went down stairs, and found the drawer open in the bar-parlour, and some letters and papers lying about the floor—I found the back door open, and the coffee-room window up—I went up stairs to Mr. Edmonds's room, and informed him of what I had seen—I saw the niece of iron.
Cross-examined. Q. Had you a light before you came down stairs? A. Yes, I lighted it in my bedroom—my bedroom is the room where the prisoner James Barker used to sleep, and is over my master's bedroom—I came down opposite his door—I did not see that his door was open—it was not open wide enough for me to see it—as I came down stairs I turned directly round—I could have seen the door, if I had looked, but I did not look—the drawer of the bar-parlour, being open' first attracted my notice—I did not go up and alarm my master directly, because I did not know but that he might have left it so the night before—I only saw a few letters in the drawer—I did not thing anything when I saw them—the next thing I observed was the back door being open—I ran up and told my master directly I saw the window was open—I then thought sometime had happened—I did not run up directly on seeing the door open—when I went up I found the piece of iron through the keyhole of the door—the prisoner James ought to have slept in the same room with me—I do not know that this marriage was kept secret from his master for fear he should get into difficulties, for marrying without his knowledge—his master required him to sleep on the premises at first—I do not know whether he was aware that he had ceased to do so.
JOHN BRENCHLEY (police-constable K 214.) On the morning of the 9th of Jan. I was sent for to Mr. Edmonds's—I had known James Barker six months or more before that, as pot-man to Mr. Edmonds—in the course of the night of the 8th of Jan. it was part of my duty to be in the Harrow-lane, at the top part, which crosses High-street into Newby-place—I was there that morning at two o'clock, and saw James Barker come up the Harrow-lane towards High-street—I had not got my lantern, but there was a very strong gas-light there—I was going towards Newby-place, and he was also going towards
Newby-place—he passed me, going the same way as I did—he walked a good deal faster than I did—he was walking very briskly—he passed within two or three feet of me, on the same side of the way—I distinctly saw his face—he looked at me, and I at him—I have no doubt whatever that he is the man—I walked after him a very little distance from the top of Harrow-lane to Newby-place, he turned off directly he passed me, and made up Newby-place—that would lead towards the new town of Poplar—if a person had an object in going to Newby-place, and had been to Mr. Edmonds's house, it would be in his direction to come where I saw James Barker, from Mr. Edmonds's towards Newby-place—Harrow-lane to the Blackwall-railway—turning up Harrow-lane would take him into Newby-place—that would be the direction a person would get into from the prosecutor's garden to Newby-place.
JOHN BRENCHLEY re-examined. About seven o'clock I was sent for to Mr. Edmonds—I was accompanied by Puddeford—after speaking to Mr. Edmonds, I followed him into the room where the prisoner James was—I first asked him he was at home last night—he said about a quarter or half-past ten—I asked him if he had any occasion to come out after he got home—he said "No"—I said, 'Are you positive you were not out after the time you say?"—he said "No"—I then said, "I saw you at a quarter past two this morning come up Harrow-lane, pass me in High-street, Poplar, and proceed away up Newby-place"—he made no reply, but termbled Excessively—I went up stairs with Mr. Edmonds, and saw this iron instrument by which the door could be opened from outside—I could open it if the key was left in it.
Cross-examined. Q. Do you swear, that when you asked him how you came to see him in Harrow-lane at a quarter to two, that he made no answer, but trembled excessively? A. He made no answer—I will swear he did not say that he was at home at half-past ten o'clock—he did not deny it after I made that observation—he did not say that he was at home at half-past ten, and had not left.
JOSEPH PUDDEFORD (police-constable K 276.) On the morning of the 9th Jan., about seven o'clock, I was called by Mr. Edmonds—I went over his house, and into his bedroom—I found the key in the door, and was shown this piece of iron—it was underneath the key from the outside—there are one or two notches in it—I have ascertained that those notches shows the exact length to reach the end of the key—this is a correct model of the door—this piece of wood was not cut from the door—it is the same lock, but not the same wood-work—I have compared this piece of wood with the door, and it is the same size and thickness exactly—the prisoner James told me he lived at No. 7, Randall-street, in Bromley parish—I went there.
Cross-examined. Q. It is a very common lock and key, is it not? A. Yes. COURT. Q. you say James lived in Randall-street, which way would a person go from the back of the prosecutor's house to Randall-street? A. Up Harrow-lane and up Newby-place, that would be in the way to James's own house—I do not know where the prisoner George lives.
HENRY WOOD (police-sergeant K 23.) On the morning of the 9th Jan., about half-past seven o'clock, I went to Mr. Edmonds's house—I went into the garden and found a cash-box, and several papers under a tree in the center of the garden—I found another cash-box in the watercloset in the yard, and also the hat which Mr. Edmonds has spoken of—I went round the garden, and found footmarks in the north corner
of the yard—there were two footmarks—there was a ditch to it—that would not be the corner nearest the railway—(looking at the plan)—I saw the two footmarks in this corner, marked D—after that I obtained some boot that belonged to George Barker—they appeared to be the boots that made the marks at the point marked D—I made an impression with the boots by the side of the other marks—I compared the impression I saw with the impression I made with the boots, in the presence of the prosecutor and sergeant Adams—there were twenty-four nails in the centre of the sole of each boot, eight in a row, and they exactly corresponded—it was easy to be seen—on the right boot there were three hob-nails, which sergeant Adams called my attention to at the time the impression was made—the hob-nails were at the toe—I found twenty-four nails in each impression, and three hobnails in the right-foot impression—it was a clayey ground and was in the proper state to receive the impression—there is a fence near the point marked D which runs right round the garden—I measured the length and breadth of the boots, and they agreed—I measured the heel and the toe part, and they agreed, and every part of the boot agreed—the toes were towards the fence, in a direction from the house—taking the line of the toe and heel it would lead away from the tree—it was some distance from the tree, about in a line with it—it led from the tree—if a person went from the tree where the cashbox was, to the fence, the footmarks, would be in that position—I got on the other side of the fence—there appeared to be marks of more than one person going over the fence, but of only one person going to it—there were two footmarks at D—two impressions of the right and left foot of one person—they were right and left boots which I compared—I went round to the other side of the fence at D—there were no traces of footmarks of any person there—I afterwards went to the footsteps at B both inside and outside the garden—they were the footmarks of some other person, as well as those with the nails, going away from the house, not to it, leaving the garden—they were in a direction going from the tree towards the place marked B in the garden, and also on the outside—there were not tracks of more than one person going towards the house—those tracks were on the bank that abuts on the railway line—it is a cutting there, at the part marked B in the plan—it leads from the railway up to the bank—that is where I traced footmarks with the nails in, both going and coming—I compared them with George's boots—they came to the fence, and over the fence on the bed of the garden—I should say they came within fifty yards of the house—I traced them up to the fence, and likewise over the fence into the garden, up to the grass-plot, and I could not then trace them—I traced them up to the bed on the path—there was no impression after that—the rest of the space of between the bed and the house was grass-plot and the gravel walk, and there would be no impression—I compared George's boots with those impression—the first place I saw the footstep with the nails in going from the house, was at D—I also traced them going and coming to B up to the fence that abuts the railway, up to the railway cutting, going from and to the railway—there were foot-marks of only one person going from the railway to the garden, and marks of two person going from the garden to the railway—I compared the footsteps, both going and coming, with George's boots, and they agreed—I did not make any comparison with the other footmarks.
Cross-examined. Q. All the marks you compared were with George's boot? A. Yes—the footmarks from the tree to D were his footmarks, and the other two sets of footmarks going and coming from the house to the fence at B were also George's and there appeared to be the footmarks of another person joining the footmarks of George at B both inside and outside
the garden—there were no other footmarks going but George's, but there was a second footmark coming back.
COURT. Q. You speak of two sets of footmarks in the garden which you compared? A. Yes—the footmarks that lead over the garden in a direction towards letter B, I compared with George's boots—one set was inside, which were George's and Sergeant Hams compared James's boots—there were two sets in the garden, one of which leads to B and the other to D—those which lead to D go to the fence of the garden—there was no appearance of anybody having got over there—I traced the footmarks to B, and they appeared to have got over there, and they led to, and also from, the railway—there was no mark of the footsteps being retraced, because they were in the bed close to the gravel path—they would not have to retrace their steps—they would have to go about twenty yards further, where they got over—they must have retraced their steps, and gone again from the tree to B—that is only my supposition—the Magistrate directed a drawing to be made of the footsteps, but it could not be made, as it had been raining—no drawing was produced—I have the boots.
JAMES HAMS (police-sergeant K 21.) On the 9th of Jan., about eleven o'clock, I was at the station, and saw Sergeant Wood take off from George Barker a pair of boots—when he had done so I accompanied Wood to Mr. Edmonds garden, and found foot prints of two persons—they were in the left hand corner of the garden, and at the end of the path leading from the house to the fence—there were the footmarks of two persons at D and also at B—there were no footmarks from D towards C—the toes were towards the garden fence, and within the garden, as though of a person coming from the house on to the railway—those were footmarks of two person—they appeared to have got over at C, the place where I saw the double marks—in one other place there were the marks of footsteps both ways, coming and going, and in one place they were only in one direction, going towards the fence—there were the footmarks of two person going from the garden towards the fence, and then footmarks of another person going to and coming from—that was nearly opposite the back door of the house, in the garden, at the railway end of the garden, nearly in the middle—the plan accuarately shows the situation of the footmarks—there were the marks of the prints across some ground which had been dug up, between the garden and the railway—they were of two persons, and they were at D also—I should think there were half a dozen marks there—the foot marks at B were of two persons going, and the impressions of the one coming, apparently from the railway, of two going in a direction from the house, and also the footmarks of one person having gone towards the house—at D there were the footmarks of more than one person going away, all going towards the fence—I saw George's boots compared with the impressions at the point D—they were compared by making an impression at the side of them, and not by putting the boot into the impression already made—they corresponded exactly with the impression already there, both the right and left—they were nailed boots, and in the centre there were twenty-four nails in three rows, eight in each row—I also made an impression at the point B, where I observed the marks of going and coming, and they also corresponded—there were three large nails in the toe of the right boot—the footmarks of the one person coming corresponded with George's boots, and the footmarks of the one person coming corresponded with sponded with George's boots—there were three large nails in the right boot, which had been put in since the boots had been made—the nails had been worn away, and these had been substituted for them, in the toe of the right boot—I found in the impressions the marks of those three larger nails—there was
row of small nails on the left, and they corresponded with the impression I found on the ground—I firmly believe these boots made the impressions—I afterwards took James's boots off—they had no nails—I have them here—I compared them with the footprints of the other person, and they corresponded exactly in length and breadth, and in the size of the toe—the impression fails towards the toe—they appeared to have been too long for the person who wore them—I went also to Horrow-lane and made an impression with the boots there—I should say both of the boots had made the impresssions which were there—they were on the bank leading from the railway to Harrow-lane, in a direction as though from the garden fence towareds Harrow-lane, and from there towards the railway fence—it was on the bank of the railway into Harrow-lane—there were the impressions of both—we compared them, and they exactly agreed—they were going from the railway towards Harrow-lane—the ground on the railway line is hard gravel—we could trace the impression of the nailed boots both going and coming, in the vacant space between the railway and the garden, and the other footmarks only from the garden towards the railway.
Cross-examined. Q. These boots with the nails are a very common sort of boot, are they not? A. Yes—there is a peculiarity in the three large nails.
COURT. Q. Did you observe the two outside edges? A. Yes, they exactly corresponded—I cannot say that I noticed the two nails that are deficient—I took a piece of paper with the distances marked, but I have lost it—the heel has what we call a tip, like a horse-shoe—that was there and the little nails inside—they exactly corresponded.
HENRY WOOD re-examined. Q. Did you take any notice of these two nails that are deficient in the rim? A. I did not—these three at the toe are the three I speak of as substituted for others which have been worn away.
JAMES HAMS re-examined. The iron heel of the unnailed boot is worn away on one side—I observed that the impression tapered away—I measured it across—I measured it in every way—the heel made the best mark, on account of its being worn down on one side.
THOMAS HOLMES re-examined. On the 9th of Jan., at eleven o'clock in the morning, I went to the house of the prisoner George Barker, in Frederick-street, Bromley—I went up stairs into the front room—he was there, and had just got one of bed—his clothes were not on—I told him to put on his clothes—he said he should not hurry about it—I then asked him whether he had been home all night, or at what time he came home—he said, "I shall not answer you any questions, or any of you, I will see you d—d first, you may find it all out"—I then said, "I do not expect it, I know you too well, I do not expect to get much from you"—I took him down stairs and he pointed out a pair of boots standing under the table close to the fire—he said, "You see those boots, they are mine—(they are the boots here produced)—you will see they are dry, and that I have not been out all night"—they were by the fire under the breakfast table—I had not then told him the charge—I searched the house with the assistance of another constable, and found nothing—I saw a child of about seven or eight years old in the passage—I asked her whether her father had been at home all night—the prisoner then came up to me and said, "You b—y villain, what do you mean by asking that child any question?"—he put his fist in my face, and he shook his fist at the child and said, "Don't you answer any question, if you do I will kill you," or some violent word, and the child cried—I then directed the constable there to take him to the station—he said, "you b—, I told you you would not find anything here."
Cross-examined. Q. Benton, the officer, had been to the prisoner's house before you went? A. He had been there about a minute or two—he went up stairs into the room where George was.
JOSEPH BENTON (police-constable K 381.) I accompanied the inspector to George Baker's house—I went up stairs before him—I was up stairs about a minute before him, or hardly that, it might have been half-a-minute—he followed me as quick as he could.
Cross-examiend. Q. Did not you tell him that you wanted him for a robbery at Mr. Edmonds' the moment you went into the room? A. Yes—that was before my brother officer went in—Holmes did not offer the little girl money if she would tell—I swear nothing of the kind passed.
MR. CLARKSON. Q. What you asked the child, you asked her in the presence of her father? A. Yes—when I told him I wanted him for the robbery at Mr. Edmonds' I said nothing about the time it was committed, nothing of the kind.
HENRY PRISE . I am Mr. Edmonds' pot-boy. I remember the night my master's house was robbed—the day before that night, I saw George and James Barker in the house—they were speaking to each other—that was about dinner time, about one o'clock—they went down into the yard, just by the water closet—no one else was with them—I could not hear what they said—they were whispering.
Cross-examined. Q. Was it in the bottling-house they were talking? A. I had seen them in the bottling-house before that—that was where James worked—the water-closet was close by—I was in the kitchen, which is close by.
MR. CLERKSON. Q. And so are the baskets close by in the bottling-house? A. Yes.
MARIA FOWLES . I was cook in Mr. Edmonds' family up to the 29th of Dec. last. I know the potman, James Barker, and I had seen George there very frequently—the prisoner, James did not sleep in the house after the 1st of Nov.—he was married on that day—I recollect Mr. and Mr. Edmonds going out and leaving me and James Barker at home on the Sunday after Chrismas day—they went to Brighton—about four o'clock in the afternoon I had occasion to go to the bar-parlour to look at the fire, and while there I heard a noise up at my master's bedroom door—it was like putting the key in or taking it out of the lock—the room where Mr. Edmonds slept was up one flight from the place where I was—the noise came in that direction—that induced me to look of stairs, and I saw the prisoner James coming down—I said to him, "You startled me, young man, is that you?"—he said "I have been up stairs to see if I had to left anything there belonging to me"—he was left with me to take care of the house—he had no business up stairs at qall to my knowledge—it was about two months after he had cassed to sleep there—I remember my master's new iron safe coming home—that was about thirteen months ago—at that time James asked me what an iron safe was for—I told him it was to put treasures in, such as money, plate, and valuable papers—I recollect bringing down the cash-box, and handing it to my master at the bar one morning, a short time before this robbery—a short time after that, the prisoner asked me if our master banked his money—I do not know what answer I made him—and another time he asked me if I knew how much money my master kept in the cash-box at one time, and I said I did not know.
Cross-examined. Q. Did you tell your master anything of this? A. I did not—I did not attach any importence to it at the time—the noise I heard
was like putting in a key, or taking out a key—very similer—it might have been a noise produced by something else.
COURT. Q. It appeared to you to be like the turning if a key in a lock? A. Yes.
MARY CHAPMAN . I am the wife of Thomas Chapman. I have been cook at Mr. Edmonds' lately—I know the prisoner James—about a fortnight before the robbery I met him on the stairs, going up second flight—that was close by my master's bedroom—I said, "Hallo James!"—he made very little answer to that—he gave no reason for being there—he had no right to be there that I knew of—I know George—I saw him there on the Friday, the very day of the robbery—he was talking to James.
Cross-examiend. Q. So you saw him going up the second flight of stairs? A. Yes—I said, "Hallo James!"—I dare say he may have said, "Hallo Mr. Chapman!"—he went on up stairs after that.
COURT to THOMAS HOLMES. Q. Suppose persons got over from the railway into Harrow-lane, which way would they go to George's house? A. They would come up Harrow-lane, up High-street Poplar—it would be a master of choice whether be would turn up Newby-place—he would come up Harrow-lane to go to George's house—he lives about three quarters of a mile from the prosecutor.
MR. DOANE to MR. EDMONDS. Q. Have you had occasion to discharge any of your servants for dishonesty? A. Yes, I discharged a lad some time back for dishonesty, but no man—I have not discharged any one else for dishonesty—it was some two or three months back that I discharged the lad—he was eighteen or nineteen years old—I do not know what has become of him—I have not seen him about the premises since.
MR. CLARKSON. Q. What was the dishonesty? A. He went into the eeller to get some broken bottles, and he took a bottle of wine—I am afraid he was employed by another to do it—he was living as pot-boy in the place of the lad I have now—James Barker was in the house at the time—the lad lived in the house, but slept out of it.
Witness for the defense.
MARY COULSTON . I am wife the of Laurence Christian Coulston, who is in the employment of Mr. Green, a ship-owner, at black wall, as quarter-master. we live at No. 7, Randall-street, Poplar—I know the prisoner James—he lodged with me in my house—he came on the 1st of Nov., with his wife, the first day of his marriage, about twelve o'clock at night—he was in the habit of sleeping at my place after that, and up to the time of his being taken into custody—I remember Friday, the 8th of Jan—he came home that night, as near as I can recollect, from ten minutes to a quarter past ten o'clock—I let him in—he came by himself—he went through the passage and up to his own apartments—they are two rooms on one floor—a young man, of the name of William Sheffield, another inmate of my house, came in after that—at about a quarter to eleven I locked the door and bolted it—he was the last person who came in—I always leave the key in the door—I do not sleep soundly generally—I did not sleep more than I generally do that night—I think I should hear anybody come down stairs and open the door—I did not hear anybody do so that night—I went to bed about twelve, and no one had gone out then—no one could come out without my seeing them before I went to bed—I bolted the door at the top—it locks very well, but the door goes very hard—you are obliged to pull it hard to make it shut—if I am up and awake I can hear anybody unlock the door from the inside, without it is done in a very particular sort of way—I could hear a person go
down with boots on—I think I could with only stockings on, if I were awake—I do occasionally go to sleep—in the morning I heard somebody come down about half-past six o'clock—that was Mr. Edward Sheffield, a brother of the other young man—he stopped at my door which he always did of a morning when he went out—I heard some one else unlock and unbolt the door just as Edward Sheffield knocked at my door—James Barker and his wife and a cousin of Edward Sheffield's were in the house, but he did not get up till eight o'clock—I remember the officer coning—he made some inquiry of me about James—he called him William, and I did not know who he meant—I thought he meant William Sheffield—it turned out to be Barker—he put some questions to me—James was out at the time.
MR. CLARKSON. Q. How many rooms are there in your house? A. Six—the prisoner and his wife occupied two rooms up stairs, one front and one back—it is only one flight of stairs, three rooms up stairs and three rooms down stairs—I occupy the back parlour and kitchen, and sleep in the back parlour—that room is the furthest from the street door but close to the stairs—I do not know George Barker—I never saw him—it was on the 1st of Nov., at twelve o'clock at night, that James and his wife came to lodge with me—they had brought their furniture before—I cannot say what time I went to bed on the night in question—I have not been in good health for some time—I never sleep the whole night through—I generally get up about half-past six o'clock—I awake two or three times in the course of the night—I was awake at four that night—I know that man (pointing to Puddiford)—he asked me some questions about James.
Q. Did you tell him you that you did not think he had been at home all night? A. I did not say those words—he asked if William was at home, and I said, "Who do you mean? do you mean William Sheffield?"—he said, "No, I mean William that works for Mr. Edmonds"—he said, "Did he sleep at home last night?"—I said, "I don't know"—that was on Saturday morning, he asked me that question—I did not add, "I don't believe he did, "or any words to that effect—he asked me if he was at home then, and I said I did not know, I would go and inquire.
MR. DOANE. Q. Why did you say you did not know? A. Mr. Barker had told me that Mr. Edmonds did not know that he slept out of the house—she told me that just after she came there—I ran up stairs, and called and said, "Mr. Barker," and I said, "I think Mr. Edmonds is at the door, and wants Mr. Barker"—I thought it was his master—she did not see the officer then—she did afterwards—he went up stairs by himself—I was not present.
COURT. Q. They came, I suppose, to search your house? A. They came just after—James Barker was taken up at that time, but I did not know of it.
EDMUND SHEFFIELD . I live in the last witness's house, No, 7. Randall-street. I remember Friday, the 8th of Jan.—I saw James Barker there about ten minutes or a quarter past ten o'clock that night—he came in then—I saw him come in—my cousin came in afterwards—his name is William—I came in first, and saw James Barker—me and my cousin live in one room—I saw James go up stairs—that is where he sleeps—I next saw him in the morning, about half-past six o'clock—I saw him go out of the front door—I was opening my bedroom door, and saw him open the front door—he has to pass my door—I did not hear anybody get up in the night, and go down stairs.
ELIZA WHITE . I live with my mother at the Green Man, at Stratford, At this time I was on a visit at Mr. Barker's house, she is the wife of the prisoner James Barker—I remember the prisoner's coming home there the night before he was taken—he came home a little after ten o'clock, and came
into my room where I was—he came in to wish me good night—he then went into his own room and locked the door—I heard him lock his door—it was usual for him to do that—I saw him again the next morning, at about half-past six o'clock—he came into my room to wake me—I heard him go down stairs and go out—I heard Mr. Coulston put some question to Mr. Barker that morning afterwards—when there was a man there.
MR. BALLANTINE. Q. You say "It was usual for him to do that;" how long had you been staying there? A. I came on Friday, the 8th of Jan.—I had not been staying there before.
MARY ANN SAINT . I reside in Park-place, and am married. I moved there on the 8th of Jan., from George-street—I know the prisoner George Barker—he was living at No. 3, Park-place—in the same house with me—I remember that day, the 8th Jan.—that was the day I removed—I remember George coming home that night—he came home between six and seven o'clock—he gave my mother-in-law a light—the latest time I saw him was between nine and ten—he wished us good night and went up stairs into his bedroom—he has got a wife and three children there—I heard him come down stairs between six and seven the next morning.
COURT. Q. What time did he go to bed again that morning? A. He went to bed about half an hour afterwards—he lighted the fire the first time he came down, and then he went up bed again—the policeman came about eleven o'clock and found him in bed then.
MR. CLARKSON. Q. Did you tell officer that you had only that morning come to the lodging? Q. No—I said it was the over night—I was moving goods myself, all parts of the day, but did not see Mr. Barker—I had not been acquainted with him before—I have lived there ever since—I never knew what he was—I knew nothing of him—the youngest of his children is about two years old, an the eldest about eight—the house is like a double house—I occupy the right side, and Mr. Barker the left, and the doors face each other—there is a staircase between the two—I sleep very lightly and hear people—I often awake two or three times in the night—the last person who goes to bed fastens the door whoever it may be—it depends on the time of night they come in—there is no one in the house besides myself and my husband, and the Barkers—Mr. Swift is the landlady—she is not here—I go to bed about half past ten o'clock—it was between nine and ten that George wished me good nigh—he did not come into my room—I was on the stairs as he went up—my husband is not here—he is a boiler maker, he works for Dichman and Mayer—I know nothing about the prisoner's employment—this was the first night I saw him—there is a room up stairs, and a room down stairs, for each party—we sleep in the up stairs room—my husband gets up early to go out and has his breakfast before he goes—we are both up before six, and by that reason I heard George Barker lighting his fire—he came down stairs to light the fire the same as we do—he did not speak to me when he came down—after he went to bed again Mr. Barker came down with her children, and told me her husband was not well—I am not aware whether he was or not.
MR. DOANE. Q. Was Mr. Barker an invalid at this time? A. No, she was very large in the family way.
COURT. Q. Were you much fatigued with your moving the day before? A. Yes, I was—I went to bed very tried.
ELIZABETH MASON . I am a servant, and know Mr. and Mr. George Barker—I went to their house on Friday the 8th of January between ten and eleven in the morning—Mr. Barker was out when I got there—he came in between four and five in the afternoon, and had ten—he did not go out
any more that night—I slept there all night—he went to bed first—he took the child out of Mr. Barker's arms, and said he should go to bed—that was—between nine and ten—ten he went up stairs, and I heard him shut the door—I did not see him do anything before he went up—Mr. Barker followed him soon after, and as soon as she went to bed I went to bed myself—I slept down stairs in the front room—I saw Mr. and Mr. Saint there that night—Mr. Barker got up next morning at half past six to light the fire—he came in while I was in bed—he had his trowsers on, but no jacket—he went up stairs again to bed—he had his boots on the night before—he took them off soon after he had tea—I can't say where he put them—he took them off down stairs—I left for Stratford in the morning, about half past ten.
MR. BALLANTINE. Q. How came you to pay them a visit on this particular day? A. I very often call to see Mr. Barker—I came in the morning—they did not expect me—she asked me if I would stop all night, and I said yes—I did not come on purpose to stop—I have know them a long time—Mr. Barker is a printer by trade—he works in Kent at printing—I do not know whether he works at Bexley—he lives in Bromley, but he works in Kent I believe—I am not certain—I don't know whether it is twelve miles from London—he was working as a calico-printer.
JAMES BARKER— GUILTY . Aged 35.— Transported for Fifteen Years.
GEORGE BARKER— GUILTY . * Aged 32.— Transported for Twenty Years.
THIRD COURT.—Friday, February 5th, 1847.
ANTHONY CARTER . I am carman in the service of Thomas Callow, a brass-founder. The prisoner was in his employment—on the 14th of Jan. I was directed by my master to watch the prisoner—I was placed under a manger in the second stall in the stable—I found some brass lying under the manger—the prisoner came in, took a candle from a candlestick, and went and removed the brass, and put it under some straw—he then went and cleaned the pony—on the same day, before that, I found my chaff-bin had been moved, and a parcel of brass concealed behind it.
THOMAS CALLOW . I am a brass-founder, and live at Bow-common—I have no partner. On the 14th of Jan. I went to the harness-room for a headstall, and could not find it—I ordered a search—Carter afterwards pointed out a quantity of brass stove behind the chaff-bin, and I put him under the manger to watch—he gave me information the same night and I went with the policeman to the stable—the policeman made a search, and found the prisoner up in the loft—I did not see him there, but I saw the policemen bring him down—he had no business there—the brass was not kept in the loft—the harness-room comes into the stable—I told the prisoner to go and fetch the metal that was behind the chaff-bin—he said he never saw it—I said I could show him somebody who saw him put it there, or words to that effect—I pulled a truss of clover on one side, and Anthony came out—when he saw Anthony he did not say a word, but was very much confused—the brass is mine—it is not valuable of itself, but the harness bad been cut to pieces, and the brass taken out.
Prisoner. Q. You have other men about your place? A. Yes, but I never missed anything until you came into my employment—I thought as you were out of work, if I employed you you would know better than to rob me—I did not much fancy the company you kept.
TIMOTHY DREW (policeman.) I went with Mr. Callow to the stable, searched the loft, and found the prisoner apparently asleep in some hay—I found the brass behind the bin, under the manger, in the same stable where Carter was lying—the prisoner denied all knowledge of the robbery.
Prisoner's Defence. I am innocent of it: I had slept during the week in the loft, and had a horse-cloth to cover me.
GUILTY . Aged 19.— Confined Three Months.
AMBROSE JAMES FISHER . I am a grocer and cheesemonger, and live in Church-road, St. George's in the East—I have no partner. On the 25th of Jan., about eight o'clock, I saw the prisoner and another boy about my shop window—I instantly went into my back room, and watched—in about five minutes the prisoner came in, took a cheese off the butter-stand at the end of the counter, and ran out—I went out, and caught him in the act of giving it to another boy—he had a small piece of it when I took him—he kicked me, and tried to get away—I took him to the station, and while there he tried to make his escape.
Prisoner. Q. Did you find any cheese on me? A. Yes, a small piece of Dutch cheese—I did not stoop down and pick anything up when I came out—you never spoke a word to me when I came out—the cheese has a little mud on it—I took the small piece out of your hand—I saw you give the cheese to the other man—he ran away.
Prisoner's Defence. I had not a bit of cheese in my possession; I was just engaged to go to sea.
GUILTY . Aged 17.— Confined Twelve Months.
552. JAMES KIRBY was indicted for stealing 1 till, value 18d.; 5. pence, 112 halfpeaee, 72 farthings, and 2 groats; the property of John Nicholas Klein, and that he had been before convicted of felony.
JULIA KUNZ . I live in the house of Mr. John Nicholas Klein, a baker, in Molineaux-street. On the 21st of Jan., about half-past seven o'clock, I went into the shop, and saw the till in its proper place—it was not locked—I cannot tell how much there was in it—there was silver and copper—I went down stairs, leaving no one in the shop—in about six minutes I came up again, and saw the prisoner kneeling behind the counter—he could reach the till—I took hold of his hand—he got from me, and got out of the shop, leaving the till on the floor—I went to the door, and hallooed, "Stop thief!"—in about three minutes a constable brought him back—the policeman took the till and the prisoner to the station—the till had money in it then—it was the money of John Nicolas Klein.
WILLIAM BECKLEY (police-constable D 158.) I was on duty in John-street, Edgware-road, and saw the prisoner run from Mr. Klein's shop—the last witness came to the door, and hallooed, "Stop thief!"—I ran after the prisoner—he turned the corner of Omer-street, ran into a wheelwright's shop, and concealed himself in a truck—I took him, and took him back to the shop, and he and the till were given into my charge—Mr. and Mr. Klein had no halfpence in the shop to go on with, I let them have 12d. worth, and took the rest to the station.
(read—Convicted May, 1845, and confined three months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 16.— Confined Twelve Months.
THOMAS WATKINS (police-constable K 310) On the 22nd of Jan, between one and two o'clock in the day, I saw the prisoner go into a marinestore shop in High-street, Poplar, take these nails out of his coat pocket, and put them into the scale—I went in, and asked him how he came by them—he said, "I picked them up in the street"—I asked whose they were—he said, "It is no use my telling you a story, a man gave them to me to make the best I could of them"—there were 6lbs. 12oz. of them.
SAMUAL SELMAN . I am chief officer of the ship Levant, which is under the operation of coppering. I have examined these nails—they are the same sort of nails as were used in coppering the ship—the prisoner had been employed on board the ship, and was so on the day the nails were found—I saw him leave at one o'clock—I set him to pick up the nails which the carpenters dropped on the previous day, but not on that day—I get the nails by sending the order of the captain, George Foulk, to the copper-store,—the captain takes me to the copper-store, and orders them to deliver anything to me for the ship's use.
NOT GUILTY .
MARY ANN MILLETT . I am single, and live in the family of Dr. Edwin John Quickett, of Wellclose-square—these two silver spoon are his property—I know them by his crest on them—on the 23rd of January, about twenty minutes to eight in the morning, I saw the prisoner on the kitchen stairs—I am sure it was he—he said he came to look at gas—the house is lighted with gas—he was taken into the front kitchen by the cooks—she is not here—I did not see him go into the kitchen—I was in the dinning room at the time, but I saw him on the kitchen stairs coming up—he had been down—he said he wanted to go into the dinning room, to look at the gas—I went with him into the dinning room, and he lighted the burners of the chandelier—he then followed me down into the kitchen and asked me for the steps, which I gave him—he then went up into the dinning room with me—said "Good bye," and went away—the back kitchen—is opposite the front kitchen, they are separated by a little narrow passage; the doors were open—the salt-spoons were in a little cupboard in the back kitchen—I had seen them there the night before—I missed them about half past four o'clock in the afternoon, after the prisoner had gone—I saw them afterwards at the station—the prisoner said he came from Messrs. Platow, they are gas-fitters
JOSEPH WAYMAN (policemen G 147.) On Saturday evening about half past nine o'clock, I was called to the shop of Mr. Russell, a pawnbroker, and found two salt spoons on the counter—Mr. Russell said in the prisoner's presence that he did not know weather the prisoner came honestly by them—the prisoner said he bought them six months ago, in Long Acre—I took possession of them, and took him to the station—I made inquiry, and on the 25th went to Dr. Quickett's—the girl saw the spoons and identified them—they were the spoons which I produce.
JOHN WILSON . I am under foreman to Mr. Platow, a gas-fitter, in Holborn. I know the prisoner by the name of Robert Bircham—he was in Messrs. Platow's employment, and left on the 1st of January—he had no authority from Messrs. Platow to look after the gas, after he left.
Prisoner. Q. During the time I was in the employ did not I lose a pair of pliers? A. Yes—you had leave to go to one house where you said you had left them, Mr. Simons' in Holborn, to look for them, and then you were to have 2s. which I had stopped for them.
HENRY MATTEWS (policeman 10 F.) I produced a certificate of the prisoner's former conviction.—(read—Convicted April 1845, in the name of Joseph Bennett, and confined four months)—he is the man—I saw him found guilty.
(There were two other indictments against the prisoner.)
GUILTY . Aged 24.— Transported for Seven Years.
RECHARD PYLE . I am a muffin baker, and live in Shoreditch—the prisoners were in my employ, to carry out muffins and crumpets. On the 25th of Jan. I lost 12s. in silver out of a box or a table in my dedroom—there was 3l. 2s. 6d. in the box, in sixpences and shillings—there were nothing but sixpences and shillings in it—I had seen it safe about ten o'clock in the morning—it was locked, and the key was on the mantelpiece in the same room—when I went to the room again I found the key on the floor, near to where the box stood, that induced me to count my money, and I missed 12s. in amount—on the Friday following Hornblow told me something, and on the Saturday I accused North of taking the money—he denied it—after that M'Kenzie came in, and in his hearing I sent for a policeman—he said "Who is that for sir, it is not for me is it?"—I said "Yes it is, and you had better tell me the truth, for North has told me all about it"—he denied it—North had given information to one of the witnesses—I gave M'Kenzie into custody—he was taken to the station—I saw Page then and chaged him—Afterwards, on leaving the police court I saw North, and gave him in custody.
GABRIEL GRAVAT (policeman 235 G.) The prisoner M'Kenzie was given in my charge—he said he had received 3s. of the money of a boy—North was not present—I afterward took North and challenged him with taking it—he said "Very well."
CORNELIUS SHARP (policeman 388 N.) On Friday evening, in conesquence of information I took Page into custody. On Saturday morning I took him to the Police-court—Mr. Pyle chared him with being concerned with the other two—he said, "I did not take it, North took it"—M'Kenzie said "I had 3s. only"—North was not present.
THOMAS CHARLES HORNBLOW . I live in Flower-and-Dean-street, and am occasionally employed by Mr. Pyle—I know the prisoner. On Thursday night I met North—he said "Who do you think had my master's money"—I said, "I do not know." He said "It was me that took the money"—I had not told him he had better tell the truth—he said it of his own accord—he said "I took it, there were three of us in it"—he mentioned M'Kenzie and Page—they were not present—he said he found the key on the mantelpiece—he told me not to tell a ward about it—I gave information to Mr. Pyle.
M'Kenzie's Defence (written)—North gave me 3s., but I had nothing to do with taking it; Mr. Pyle said if I told all I knew of it he would speak favourably of me.
NORTH— GUILTY . Aged 17.— Confined Six Months.
M'KENZIE— NOT GUILTY .
PAGE— NOT GUILTY .
WILLIAM JACOBS . I am a gun-smith, and live in Rosemary-lane—I am employed by messrs. Lacy and Reynolds to polish carbines. On the 19th of January a policeman called on me and showed me two gun-barrels, which I had received from Messrs. Lacey and Reynolds—I am accountable for them—I have got the two stocks here which fit them—I am quite sure they were in my care—I had not missed them—I have seen the prisoner passing the door, but know nothing of her.
MOSES ALLEN . My mother keeps a broker's shop in Back-road. On the 19th of January the prisoner brought those two gun-barrels to sell—I am sure it was her—I knew her before—I told her they belonged to Government and I dare not buy them—she said, "They are my own property, I have had them a length of time," and said a person gave them to her—I said I should stop her and give her into custody—she ran out of the shop and left them—my mother gave them to the officer—I went out of the shop and saw her, but she went down some back streets—I am sure she is the person.
PATRICK MADDEN (police-constable H 160.) These gun-barrels were brought to the station in Denmark-street, by a constable—on the 2nd of Feb. I apprehended the prisoner, and told her she was charged with stealing two gun-barrels—she said they were given to her by a man.
JURY to MR. JACOBS. Did the barrels come into your possession with the stocks? A. No—I went and got the stocks, to see that they fitted—I know that these identical barrels came into my custody, because there is a private mark on them, the finisher's mark—I am not a finisher, I am a polisher—there are other polisher besides me, but they do not work for the same firm, they have a different mark—I find the private mark on these barrels when they come to me—I had not polished them, I had merely sorted them—I had counted them, and am quite sure I received the number correct—I think there were 600 in the order—so the foreman tells me—I did not put the private mark on them—the person who takes them to pieces does that, on Messrs. Lacey and Reynold's premises—they always put the mark on guns sent to me—that mark is only for me.
COURT. Q. They go back from you? A. When I have done with them—I have them after the finisher—he sends them to me to polish, with the private mark on them, and I know which parcel they belonged to—there are eight or ten finishers.
JURY. Q. Are you quite satisfied that these were delivered with the rest of the barrels at your premises? A. Quite—they were kept between the cellar door and the yard door—anybody coming in could get them—there were 150 or 200 there.
NOT GUILTY .
557. THOMAS CULLIS was indicted for stealing 1 coat, value 5s.; 1 smock-frock, 5s.; 1 waistcoat, 2s.; 1 drinking-glass, 4d.; 2 books, 2s.; 1 pepper-box, 4d.; 1 salt-cellar, 4d.; and 1 egg-cup, 2d.; the goods of William Brown: 2 shirts, 3s. 6d.; 2 pairs of stockings, 1s.; 1 handkerchief, 1s.; 1 bag, 6d.; and 1 waistcoat, 6d.; the goods of Joseph Sanders: and 3 shirts, 3s.; 2 handkerchiefs, 3s.; 1 comforter, 6d.; and 1 bag, 6d.; the goods of Robert Arlow; in a boat on a navigable canal.
THOMAS FIELD SILLITO . I am lock-keeper at the City-bason, and live in Graham-street, Islington. On the 31st of Jan., about half-past twelve o'clock, I saw the prisoner walking up the towing-path of the City-bason, with a bundle and a smock-frock over his shoulder—I crossed over the lock-gates, and found him in a barrow, with the bundle—I said, "What have you got here, Tom? "—he did not speak, he hummed—I went back, and met an officer—when my back was turned, he snatched up the bundle and ran away—I ran after him, but did not catch him—I saw him drop the bundle—Taylor came up, and took up the bundle—the prisoner was afterwards taken on the lock, by the lock-house.
Prisoner. Q. Did not you tell me you could swear to me by my cap? A. No, nor by your cap and waistcoat—I said I could swear to you.
JAMES TAYLOR . I am constable of the City-bason. On Saturday evening, the 31st of Jan., about twenty minutes to one o'clock, I was with Sillito, and saw the prisoner on the towing-path—I have known him eight years, and am sure it was him—Sillito went over the lock—I saw the prisoner sitting in a barrow—as soon as he saw me crossing the lock, he ran away and threw a bag away—I fell over it, got up, and saw him running away—I picked it up, and took it to the lock-house—it contained a coat, a smock-frock, two waistcoats, two shirts, a handkerchief, and some stockings—I ran up into Macclesfield-street, and met a policeman, who came back with me, and took the prisoner on the lock—I went to where the prisoner had been sitting, and found this Bible in the barrow—I have known him eight years, and can swear he is the man.
EDWARD JEFFERY (police-constable N 259.) I took the prisoner, and told him I wanted him for robbing a boat—he said he was just going to get a job—I took him into the lock-house, searched him, and found some pieces of broken glass in his pocket—I took him to the station, went back, examined the cabin of the boat, and found that some more property was missing—I went in his track, and found a piece of glass, a salt-cellar, a cap, and a small book—I have examined the pieces of glass together, and they form a whole glass.
WILLIAM BROWN . I am captain of the barge Nimrod, which was in the City-bason. This coat, frock, waistcoat, and Bible, are my property—I left them safe in the cabin when I went out, about an hour before they were missed—the name of the boat is in the Bible—it was given by a Society for the use of the boat—the prisoner had nothing to do with the boat—I believe the two shirts and two pairs of stockings to belong to two of the men—I have seen one of the men, Arlow, wearing this red comforter.
Prisoner. Q. Do not you know I was in the City Arms quite tipsy after twelve o'clock, and was not able to walk along? A. I saw you there about twelve o'clock—persons were being turned out, and I suppose it was twelve o'clock—but you were not tipsy.
Prisoner's Defence. I had been drinking all the evening; I had obtained work, to go to Paddington that night in one of Crowley's boats; I went to the lock, and was taken by the policeman.
(The Prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy by the Jury, on account of his character. — Confined Four Months.
558. JOHN HARDING was indicted for stealing 2 shirts, value 3s.; 1 pair of boots, 8s.; 1 smock-frock, 1s.; 1 knife, 1s.; 1 fork, 1s.; 2 loaves of bread, 16d.; and 2lbs weight of pork, 14d.; the goods of John Carter, in a barge on a naviagable canal; and that he had been previously convicted of felony.
JOHN CARTER . I am captain of a barge, and live at Bermondsey. On the 5th of Jan. my barge was lyint at Curtis's-wharf, Regent's Canal—about eight at night the prisoner came and asked me for a night's lodging, for leave to sleep on board—I allowed him to sleep on the locker, between the fire and the cabin—I slept in the same place—I missed him next morning, between four and five o'clock—I missed my boots, a frock, a shirt, a flannel shirt, a knife and fork, and some bread and pork.
JAMES TAYLOR . I am constable of the Regent's Canal. On the 19th of Jan., in consequence of information, I took the prisoner into custody—I searched him, and found this pair of boots, a checked smock-frock, and a large knife and tobacco-box and key on him.
JAMES CHRISTOPHER EVANS (Thames police-constable.) I produce a certificate of the prisoner's former convietion—(read—Convicted Jan., 1838, and transported for ten years)—I was present at the trial—he is the person.
GUILTY . Aged 30.— Transported for Seven Years.
(There was another indictment against the prisoner.)
ELIZABETH ANN HAWKINS . I am servant to Miss Higgs and Miss Youngman. They dealt with Mr. Bates for flour—on the 21st of Jan. the prisoner brought a bill for 12s. to me—I was going to pay him the 12s., and he said, "I think you did not pay me the last bill"—I went to my mistress, and asked if I should pay the rest—she said, "Yes"—I paid the prisoner 1l. 3s. for that bill and the other—he wrote on it, "Paid, H. WOOD. 11s. "—the 12s. was already receipted by Mr. Bates.
WILLIAM DAVIS BATES . I am a corn dealer, and live in the Whitechapel-road. The prisoner was in my service—when he took goods out he had to receive money—I gave him this bill for 12s., for a bushel of flour, receipted—he was to receive the 12s.—he gave me the 12s.—he did not say it was from Higgs and Youngman—he had no other places to go to—I found out something about the 11s., and said to him, "How much did Miss Higgs pay you last Thursday? "—he said 12s.—I said, "I have been informed that they paid 11s. More"—he said he must see them—I said, "Very well then, you must go with me"—I said, "It is no use your denying it, I have got your writing for it"—he said he would pay me 2s. a week—I gave him in custody.
Cross-examined by MR. O'BRIEN. Q. Did not he bring you back 1l.? A. Yes, I had given him 8s—he said he had received the money—he did not deny it at all—that was a week afterwards—I had been stopping some money from him weekly for 3l. 5s. which he had lost in Dec.—he has paid me back 1l. 17s., 10s., of which I gave him towards it at Christmas—he had 1l. a week—he has been with me four or five years.
(The prisoner received a good character.)
GUILTY. Aged 35.—Recommended to mercy by the Prosecutor and Jury. — Confined Two Months.
saw him take these two bundles from underneath a coat which was placed underneath his arm, and lay them on the counter—I went in and spoke to him, he made no answer—I was taking him out to take him to the station—he said, "This is a bad job for me, do not take me to the station, I shall be ruined," and offered me a seal which was fastened to a ring.
Cross-examined by MR. PARNELL. Q. He seemed very much ashmed and overwhelmed, did he not? A. Yes—the copper is worth nothing, except as old copper.
JOSEPH PUDDEFORD (police-constable K 276.) I went with the prisoner to the station—Watkins carried the copper and iron—I asked the prisoner if he was not mate of a ship—he said he had been, but was not then—he said he would tell the truth—he was mate of the ship Glenburnie, and had bought the nails and bolts for the ship, and he had bought some brooms previously—that he former captain had authorized him to sell some old rope and rubbish, as he could not make up a petty bill for it.
Cross-examined. Q. He said he had bought some brooms for the ship, which had not been paid for, and the captain told him it was not worth making out a bill for, but when he got into port he was to take some old rope and rubbish belonging to the ship, and sell it to pay himself for the brooms? A. Yes.
JOHN FULERTON . I have been master of the ship Glenburnie since 16th Jan.—on 18th Jan. I brought the ship from the London Docks to fletcher's Dock to be repaired—she is there now—there were some bolts similar to these taken out of the ship, and put into the second mats's cabin on the deck—they are there to this day—there were also some metal nails kept in a bucket in the same cabin—I had given no authority to the prisoner to sell any of the old metal—he told me he had bought some brooms for the ship, as the old ones were worn out—he said nothing about paying for them.
Cross-examined. Q. He did not say whether they were paid for or not? A. No—he did not say the late captain had bought them, but he had bought them—I have only known him since I have been on the ship.
Q. Is it not generally the business of the master to give orders? A. It depends on whether the owners are in London at the time—there is an agreement between the master and the men while at sea—I have not signed that yet—all the men are under my control—it is my business to select seamen and mates—they are hired, not by the owner, but by the master—I believe the late master's name was Russell; I believe he has gone to Glasgow—I went before the Magistrate last Tuesday, and there has not been time to send to Glasgow to secure the late master's attendance, it would not be possible—I do not recollect whether the prisoner said whether he had paid for the brooms out of his own pocket—I will not say either way.
Cross-examined. Q. You do not consider the seamen your servants? A. No, the servants of the master—I know that Captain Russell has gone to Greenock—the prisoner has been of this ship upwards of two years as chief mate.
561. CHARLES FLAXMAN was indicted for feloniously breaking and entering the dwelling-house of John Vickers, on the 15th of Jan., at St. John the Evangelist, Westminster, and stealing therein 1 punch-ladle, value 30s.; 2 snuff-boxes, 16s.; 7 spoons, 1l.; pencil-case, 4s.; 1 pair of earrings, 5s.; 3 rings, 15s.; 1 set of buttons, 14s.; 2 seals, 6s.; 2 keys, 3s.; a part of a seal, 1s.; 5 watches, 2l. 15s.; and 2 buckles, 3l. 10s.; his goods.
JOHN JAMES DURRANT . I am in the employment of John Colthard, a pawnbroker of the London-road. On Saturday, the 16th of Jan., about five o'clock in the evening, the prisoner came into my master's shop—I am certain it was him—he offered to pledge this watch and appendages—I suspected it did not belong to him—he said his name was Charles Jones, of No. 8, Webber-street, and he was sent by his father to pawn it—I offered to go there with him—he did not object—we wemt out—when we got to the Victoria theatre, he made a remark about the theatre, and I immediately missed him; and on looking round, saw him running up Oakley-street—I followed him down two or three streets into the Waterloo-road again, and saw him stopped—when I got up this box was given to me, in his presence, by a man who had bold of him—the man said, "He gave me this snuff-box to let him go"—the prisoner said, "I did not give it you to let me go, I merely had it in my hand—I took him back to the shop—he then said he had been sent by a man, who was waiting opposite the theater, to pawn the watch, and after he had pawned that he was pawn the box, and say he brought it from his father, and he was to have 1s. for his trouble—he said he saw the man run away as saw left the shop together.
JOHN VICKERS . I am a cow-keeper, and live in the Horse Ferry-road, Westminster—it is my own house, I live in it—it is in the parish of St. John the Evangelist, Westminster. On Friday, the 15th of Jan., about half-past six in the evening, I was in my cow-yard, and observed the casement window open—I had seen it shut close down before—I went into the room, and missed five watches, a silver punch-ladle, and a small wooden snuff-box, which has been produced—I am certain they were in the room two evening before—I kept them in a box—I had seen the window shut about half-past five o'clock, and found it open at ten minutes after six—the door was locked, and so it was when I entered the room—the window opens into the Horse ferry-road, and is about four and a half feet from the ground—it was not fastened—this watch is my property.
MATTHEW MANCHESTER . I know Mr. Watson's, the Ship, Horse Ferry-road—on Friday, the 15th of Jan., about six o'clock in the evening, I saw the prisoner with two other standing outside a door, about twenty yards from the prosecutor's—I heard of the robbery soon after—I am certain it was the prisoner—I had seen him standing about the corner.
Cross-examined by MR. BALLANTINE. Q. Did you know him before? A. Yes—I did not know his name, or where he lived—I knew the other boys, and their names, because they lived close by—I saw the prisoner again when he was in custody at Lambeth-street Police-court—nobody showed him to me—the policeman told me he was in custody—he asked me whether I could recognize the party—he did not say anything else—I gave him a description of him—I said he was rather stouter then me, and had fustian trowsers, that he had a cap with no peak, and rather a red face—I did not mention the colour of his hair—it is brown—I said he had rather a reflection in his eye.
COURT. Q. Are you quite sure he is the boy? A. Yes—the policeman did not describe him.
JOHN MASON (policeman 134l.) On the 16th Jan., between five and six o'clock in the evening, the prisoner was given in my custody—he said a respectable man gave him the watch to pawn, and told him he would give him 1s., and he was to say it was his father's of No. 18, Webber-street—I took him to the station-house, locked him up, went to Webber-street and
made inquiry, nothing was known respecting the watch—I afterwards went to Westminster, and found the prosecutor—he went with me to the pawnbroker's and identified the watch.
Cross-examined. Q. Look at the prisoner, is not he a palish-faced boy? A. Not altogether so pale as some people.
Q. Did Matthews tell you he was rather pale? A. Something to that effect. (The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Transported for seven Years.
NEW COURT.—Friday, February 5th, 1847.
Fifth Jury, before Mr. Recorder.
562. WILLIAM MUNRO was indicted for stealing 360 yards of stained paper, value 22s., the goods of Henry William Wicker and another; also 240 yards of stained paper, 2l. 10s., the goods of George Law; and 168 yards of stained paper, 1l. 8s., the goods of Robert Mewkill; to all which he pleaded
GUILTY. Aged 21.— Judgment Respited.
GUILTY Aged 32.— Confined Nine Months.
GUILTY. Aged 36.— Judgment Respited
565. EDWARD NAUGHTON was indicted for stealing 1 bag, value 1s.; 1 coat, 10s.; 1 waistcoat, 3s.; 1 pair of trowsers, 5s.; 8 shoemakers' irons, 4s. 6d.; 4 knives, 4s.; 3 raps, 2s.; 2 pairs of pincers, 2s. 6d.; 2 hammers, 1s.; 1 stamp, 1s.; 1 file, 1s.; 2 pairs of scissors, 1s.; 2 brushes, 1s.; 11 instep leathers, 2s.; and 2 razors, 2s.; the goods of George Isaacson; to which he pleaded
GUILTY . * Aged 19.— Confined six months
GUILTY . Aged 19— Confined Six Months.
567. WILLIAM ROSE was indicted for stealing 1 table, value 9s.; 1 cinder-sifter, 1s.; 6 pieces of wood, 1s.: 2 brooms, 1s. 6d.; 1 blind, 4d.; and 1 wooden rod, 4d.; the good of Elizabeth Kilvington; and that he had been before convicted of felony; to which he pleaded
GUILTY Aged 19.— Confined Eighteen Months.
GEORGE JUCKES . I live at No. 9, Bolton-terrace, James-street, Camdentown I am a carpenter. I was at the corner of Warren-street at twenty minutes before twelve o'clock at night on the 14th of Jan. and I perceived a handkerchief taken from my left-hand jacket pockets—I turned round, and
saw the prisoner going round a wagon—he was close up against me when he took the handkerchief from my left-hand jacket pocket—I felt him take it, and turned short round he might have been the space of a yard from me—he then turned round a wagon—I missed my handkerchief, and cried "Stop thief!"—I pursued the prisoner—he ran up Warren-street—the policeman sprang his rattle—on my getting into Grove-street I found the prisoner in custody, and my handkerchief was in the policeman's possession—I had used the handkerchief about five minutes before I felt it taken—there were lots of people round the wagon, but the prisoner was the nearest to me when I turned short round.
Cross-examined by MR. PARNELL. Q. How came there to be lots of people round the wagon? A. The horses were slipping about, trying to get up Warren-street—it was a frosty night—there might be twenty people round the wagon, looking at it—I had been out to take a walk, and was coming home—I went out about nine o'clock, and walked to Oxford-street, and back to Camden town—I had not been anywhere else—I got to Oxford-street about ten o'clock—I went into a house and had a glass of ale—I returned from Oxford-street about half-past ten o'clock, and from then till twenty minutes to twelve I had done nothing but walked from Oxford-street to Camden-town—it was about 400 yards from where I missed my handkerchief to the place in Grove-street where I found the Prisoner—I cried "Stop thief!—there were some more persons ran—the policeman sprang his rattle, and when I came up I saw the prisoner in custody—there was a lamp at each corner of the street, by the wagon—when I turned sharp round I did not see anything in the prisoner's hand—I am quite certain I felt a hand in my pocket.
JAMES MASON (police-constable S. 168) I was on duty in Grove-street—I heard a cry of "Police!" and "Stop thief!"—I saw the prisoner running towards where I was standing—I saw him throw something down on the footway—I stopped him—Hughes came up, and I desired him to look in the direction where supposed something was thrown—I found some duplicates clenched in the prisoner's hand.
Cross-examined. Q. You took a great deal of trouble about these duplicates? A. I made some inquiries—I was not able to trace them to any one but the prisoner—I was ordered to give them back to him—I saw him running when I came up, and there might be ten or twenty persons running—he was fifty yards ahead of the others—he ran into my arms—I did not say to him, "It was all a chance that I did not take another man that I saw running down the street"—I said it was a chance, I happened to meet him, as I happened to come up the street—there was no other man to take—I saw him throw something, which proved to be handkerchief, and he ran into my arms—several other persons came up—I cannot say whether they heard what passed about the chance—I think it is probably they might.
JOHN JUGHES (police-constable S 102.) On the night of the 14th of Jan. I was on duty in Warren-street—I heard the cry of "Stop thief!"—I saw the prisoner running into Grove-street—I followed him and sprung my rattle—Mason had him in custody when I came up—he directed me to where the prisoner had dropped something on the path-way, close to the railing—I went to the spot and found a silk pocket-handkerchief—the prosecutor said, "If it is my handkerchief, it is blue with white spots, and has hole near the middle of it;" and it turned out to be so.
Cross-examined. Q. Did youhear what passed between him and the manson? A. No—the people who were running were a little behind me—I had before sen the prisoner run into Grove-street—I saw three men coming up Warren-street—I ran myself before the three—there were four ran at the time I ran, the prosecutor, a gentleman, and his friend—there
might be from ten to twenty persons run into Grove-street, after they heard the cry of "Stop thief!"—I did not run till I heard the cry.
COURT to JAMES MASON. Q. Did any other person pass near enough to the spot where the handkerchief was picked up, to have thrown it there, except the prisoner? A. No I distinctly saw him throw it from his right handd.
JAMES WEBB (police-constable S 228.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted the 2nd of June, 1846, and confined six month)—I was present at trial—the Prisoner is the person.
GUILTY . Aged 22.— Transported for Seven Years.
569. RICHARD ADDIS was indicted for unlawfully obtaining, by false pretence, 3 sovereigns and 2 shillings, the monies of Edward James Read, with intent to cheat and defraud him of the same;—other Counts, varying the manner of laying the charge.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
EDWARD JAMES READ . I am a clerk to Mr. Clark, of the Central Criminal Court. It is my duty to make out orders for the costs of the prosecution for the County generally, and the City of London—it is also my duty to pay orders for the costs of prosecutions in the City cases—on the 4th of last Jan. the prisoner came to the office—he delivered in his recognizance-paper and applied for his expenses in the case of John Anderson—he had been bound over in recognizancds—here are his recognizances—he said, "Is there anything allowed for my traveling expenses"—I asked him where he lived—he said, "At Cheltenham"—I asked him if he had come from Cheltenham to attend the trial—he said he had—I asked him when—he said, "Last night" (that would be Sunday, the 3rd of Jan.)—I asked him when he had left London for Cheltenham—he said, "On the Thursday previous"—I asked him how it was he had left for so distant a place, knowing that he had to attend so soon afterwards at the trial—he said, "The fact is, that having left the police force, I had forgotten all about having to attend this case"—I asked him how he had come up to London—he said by a second class train—I asked him how much he had paid—he said, 1l. 2s. 6d.—I asked him how that was. That the second class fare was only 17s. 6d.—(I had Bradshaw's Railway Guide to refer to)—he said Cheltenham was nine miles from Gloucester, and Paddington was some distance from here, and he had paid altogether 1l. 2s. 6d.—I do not recollect the exact words of his replay, but I inferred by his answer that it was made up to 1l. 2s. 6d.,—he gave different reasons why the 17s. 6d. should be increased to 1l. 2s. 6d. and I acted upon them—understanding he had paid 1l., 2s. 6d., and finding the mileage at 3d. a mile would amount to 3l., 4s., as he had not paid 3d. a mile I allowed him but 1l. 6s. each way, that was 2l. 12s., and 5s., for the day and night of his traveling to town, and 5s. for the day of his attendance here. Making together 3l. 2s.—I made out an order to that effect, and I paid him the amount, 3l. 2s.—this is the order I made out—he put his signature to ie in my presence—I paid the money—he would have been entitled to half-a-crown as a London witness, he having left the police force—he had been at the office once before, to my recollection—I cannot say that I had known him attending here as a witness—I remembered his name.
Cross-examined by MR. HUDDLESTONE. Q. This is an order to the Chamberlain of the City of London? A. Yes, it is Sir—the Treasurer of the City of London is the person to pay this, supposing it were perfect—it is
not in a perfect state now—it requires to be examined by Mr. Clark, and signed by him and sealed up and sent to the Chamberlain, and then it would be paid—I pay in advance for the convenience of the witnesses, instead of giving them an order on the Chamberlain, which would oblige them to go some bank—there is an agreement between the City of London and Mr. Clark that he should pay those orders, and they pay him again—the ordinary course would be that this order would be given to the man, and he would take it to another place and get the money for it—instead of that I make out the order and give it him—I should not have paid him this money without first making out the order—I should have required his signature as a voucher—this order is quite perfect for the payment of the money by me to the witness—I should not pay a sum of money without getting the signature of the witness to the form of the order, which is perfected afterwards—this order is full and perfect as between myself and the witness, as between myself and the Chamberlain it has to go through certain other forms, before we get the money—if I were guilty of carelessness I should lose the amount myself—the conversation which I have stated I had with the prisoner is quite accurate—I wrote it down as soon as I discovered the falsehood—I did not give the prisoner the sum of money he mentioned himself, I gave him something more.
Q. With regard to the payment of this money, I apprehend, where you use ordinary and proper diligence, you would not consider yourself liable to lose the money? A. No—Mr. Clark is the agent of the City of London for this purpose—I think I excrcised all the caution I could on that occasion—I paid him this sum of money on a calculation made by myself, in consequence of his having said he came by the second class train, and in comparison with the usual charges—I thought the sum allowed him sufficient for a person in his situation—if he had not mentioned that he came by the second class train, and the price of the fare, I do not know that I should have allowed him that sum—I should have asked him the question.
COURT. Q. Did you part with the money in consequence of the several representations he made? A. I did, my Lord.
MR. HUDDLESTON. Q. Would you have given that sum of 3l. 2s. unless you had made a calculation from a representation he made to you, as to his having come by the second class train? A. It is my usual practice to make some inquiries—if he had not said he had come by the second class train it is very likely I should have allowed him more—by the rules of the Court he would have been entitled to 3l. 4s. for mileage alone.
COURT. Q. Did you make an allowance of 3l. 2s. in consequence of what he stated? A. I did.
MR. HUDDLESTON. Q. Would you have paid him the money unless the order had been made out? A. No, I should have required a voucher from him, in order for me to receive it again from the Chamberlain—I should not have paid it without making out the order—it is merely a receipt from the witness—the Chamberlain would not repay me without Mr. Clark's signature and the stamp—I do not consider this a valid instrument till it is completed—this is perfect and correct up to the stage at which it has arrived.
MR. RYLAND. Q. About this paper called an order, for what purpose did you show that to the witness? A. For his signature, to enable me to get the money repaid, by the Chamberlain after it has been signed and sealed, it being no order till it has been signed by Mr. Clark, the Clerk of the Court, and receives the seal of the Court—Edmund Shelly was in company with the prisoner when he received the money.
bound over to appear, in Jan. last, against a prisoner of the name of John Anderson—in the course of the Monday I went with the prisoner to Mr. Clark's office to get my expenses—I have heard Mr. Reed examined—what he has said is a correct statement of what took place between him and the prisoner.
WILLIAM MARSHAM . I am inspector of the City police-force. I know the prisoner—he was formerly a constable of my division—I took him into custody in Mercer's-court, St. Mary-at-Hill, on Tuesday, the 5th of Jan.—that was where he lived—he had been suspended as a constable four or five days before—I think it was on the 30th of Dec.—he was discharged on the Saturday night following—I saw him on Thursday night, the 31st of Dec., and on Saturday night, the 2nd of Jan. I saw him about ten minutes before nine o'clock—I had some conversation with him after the men went out on their duty—he said he was going home, meaning into the country—I said. "How can you go home when you have got a trial at the Old Bailey; do you want to get yourself into prison? You are bound over in your own recognizance, and you must appear"—with that he went away—he made no answer.
Cross-examined. Q. He had been suspended? A. Yes, for a breach of one of the regulations—I do not know what it was for—he was before the Commissioner—I was not there.
WILLIAM EDMONDS (City police-constable, No. 538.) I am in the same division that the prisoner was—I heard of his being discharged on the 2nd of Jan.—on Sunday, the 3rd of Jan., I was directed to go to his house for the purpose of obtaining his police-clothes—I went a little before twelve o'clock at noon—I saw him at his house in Mercer's-court, St. Mary-at-Hill—I told him what I came for—he said he would bring the clothes, or send his wife previous I was at the corner of Mark-lane, and I think the prisoner was there, but I cannot swear positively.
WILLIAM LEWIS (City police-constable, No. 566.) I was on duty on Sunday evening, the 3rd of Jan., in Lower Thames-street—I saw the prisoner there about five minutes before eleven o'clock at night—he came up to me, and tapped me on the shoulder—I turned and saw him—I said, "Halloo, Richard, have you left the force?"—he said, "I have; I have sent my clothes in to-day"—I said, "I am very sorry"—he said, "I am very glad of it; if it had not been that I have to attend a trial on Monday at Old Bailey, I should have been 100 miles from here"—he said, "Edmunds came for my clothes; I instructed them to say I was not at home, but I was, and heard every word that was said."
COURT. Q. Did he suggest who the speakers were? A. I guessed it was his wife.
COURT to WILLIAM EDMONDS. Q. When you went to the prisoner's house, did you see the prisoner when you first inquired for him.? A. No—his wife called him—I asked if Richard Addis was at home—she said "Yes," and she called him down stairs—he was present, and his wife too—he was not present in the first instance—I think I told his wife what I wanted in going up the steps.
ALEXANDER SAUNDERSON (City police-constable, No. 70.) I remember the prisoner's clothes coming back on the Sunday—I examined them—I found the hat was not amongst them—I went to his house for it about half-past two o'clock on Sunday afternoon—I saw him, and asked him for the hat—he said he had not got one, and he could not get another that day; and he had to attend the Old Bailey on Monday, and he would get one.
in the Minories, between ten and eleven o'clock—I spoke to him and said, "How do you do?"
MR. SAMUEL ROEERT GOODSMAN . I am clerk to the Lord Mayor. On Tuesday, 5th Jan., the prisoner was examined before Mr. Alderman Gibbs, who was sitting for the Lord Mayor—after the evidence had been given against him, he was asked it he wished to make any statement, and he did—I took it down—he did not sign it then, as the case was not complete—I read it over to him then—there was a subsequent examination—I read the statement again, and he said it was correct—after some other witnesses were called, who disproved the statement, he said it was not correct, otherwise I should have returned it with the depositions—this is the statement—(read)—"The prisoner says, "I wanted to see my father—I went to Cheltenham on Sunday afternoon—I came back on Sunday nigh—I was going down to Cheltenham again tonight—I asked the gentleman (meaning Mr. Reed) if there was anything allowed for traveling—I am willing to give it back if it was wrong."
Cross-examined. Q. You have been clerk at the Mansion-house some time? A. Yes, three or four years—I have known the prisoner as a policeman there—I know nothing of his private conduct—I believed him to be a well-conducted man—I have noticed he conducted his business very well—I heard he was discharged, and was going to interest myself to get him reinststed.
HENRY GRATTON . I am one of the clerks of the Great Western Railway. I know when he the trains leave Cheltenham and Gloucester and London—it would not be possible for any person to go to Cheltenham at twelve at noon and return by eleven o'clock at night on Sunday—we have only three trains to Gloucester on Sundays.
Cross-examined. Q. Are there such things as special trains? A. Yes—persons could have a special train by paying 7s. a mile.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined Five Months.
THOMAS OLIVER . I keep the Drummond Arms, Euston-square. The prisoner came into my house whit another man on 20th Jan.—I think it was a little after twelve o'clock—the train was very late that night—I heard my larder door slam to and the prisoner left my house—he was brought back by the policeman, with this place of ham, which had been in the larder a few minutes before I heard the door slam.
Prisoner. Q. Have you any mark that enables you to swear to it? A. Yes—I had four of them from Birmingham, and on the morning previous my waiter was going to cut this ham, I took it from him, and cut it in another part—here is where he was going to cut it.
EDMOND GERNON (police-constable S 169.) I saw the prisoner come out of Mr. Oliver's house about twenty minutes before one o'clock—he went in again—I then met him in Drummond-street with something under his coat—I went to Mr. Oliver, and asked him if he had lost anything—I then went after the prisoner and I found him in Milton-street—I asked him what he had got—he said "What is that to you?"—I took him, and found this ham under his coat—I took it to Mr. Oliver, and he identified it.
Prisoner's Defence. At a quarter before twelve o'clock I went into Mr. Oliver's; a man I took a house for, called for a quartern of rum; I drank Once; he called for another, and I called for a third, and paid for it out of half-a-crown; I then went out whit him and returned; there was a cabman
standing against the entrance; he asked if I wanted to buy any thing; I said "What have you got to sell?"—I gave him 1s. 6d. for this bit of ham out of the 2s. I had; the policeman caught hold of me, and asked what I had got; I said, "What is that to you.?"—he said "You have something of Mr. Oliver's;" I said I had not—Mr. Long, the Magistrate, checked Mr. Oliver for what he had said about the ham; this cut on it was not there then.
Prisoner. I got a situation at a public-house after I got out; I was there two days, and the policeman came and told the landlord I had been convicted, and I was turned away.
GUILTY . Aged 26.— Confined One Month.
MR. PRENDERGAST conducted the Prosecution.
GEORGE SWEET . I am a barrister. On the 15th Dec. I saw an advertisement in the Times Newspaper which I have here—(read "Horse for sale.—A gentleman will dispose of a very superior bay gelding—colour, a rich bay, with short black legs; flowing mane and tail; extremely handsome; unexceptionable with hounds; has been broke to harness; stands 15 hands and 1/2 high; warranted in every respect. A liberal trial given. Apply for the Groom at 29 1/2 New-street, Covent-garden; Scott's Arms Yard, Bedfordbury, where the horse is.") I went to the yard the next day, or the next day but one—I first saw the prisoner Shaw—I asked him about the horse—he knocked at the stable door I found the horse and a mare, and the prisoner Goddard in the stable—Shaw said it was his horse, and directed the groom Goddard to produce it—it was brought out and led up and down the yard—I looked at it, and noticed a bare place on the back—it answered the description, except that it seemed rather shorter—I do not think it was more than 15 hands high—the groom afterwards said so—Shaw said I might have a week's trial of the horse, if I would leave a deposit of a few pounds with him or the groom—he said the price of the horse was forty guineas—I said nothing about the price—I objected to try the horse then as the weather was frosty—I said I would call when the weather was open—I asked him if he had hunted the horse—he said no, he had only bought it that summer—I went away, and on the following Saturday, the 19th, as the weather was open, I went to the stable—I knocked at the door and saw Goddard—Shaw was not there—I asked Goddard what the owner of the horse was, he said he was a surveyor, and lived at No. 14, Floodyer-street, whitehall—while I was there Shaw came—he repeated his offer, he said I might have the horse on trial if I would leave 5l. with him or the groom—(Goddard was present)—he said the price was 40l. (he had altered the price to 40l.) I said nothing about the price, I never made any bargain—I said I should like to try the horse, and wished to have it that afternoon—after enquiring what the use of the deposit was—he said as a guarantee that the horse was not returned with broken knees—I said I would take the horse on trial that afternoon, and requested that it might be sent to my chambers in Chancery-lane, at five o'clock—Shaw promised it should be sent, and the groom undertook to bring it—I then, in the presence of Goddard, paid to Shaw 4 sovereigns, which was all the gold I had, as a deposit for the return of the
horse in security—I then went away—the horse was not sent to my chambers, and at seven o'clock the same day I went to the stable—I there found the groom and another man, whom I had not seen before, and I do not think I have seen him since—the horse was there which I had seen in the morning, and like wise a mare—I asked Goddard why he had not brought the horse—he said his master bad been there till five o'clock, and he supposed I would not come—I said, "Can I have the horse now, it has put me to great inconvenience"—he said he supposed not, that a friend of his, who lived in the Isle of Wight, had written and offered 45l., for it—he then said Shaw had given him a letter for me—he gave it me, and I read it out to him—this is it—(read "Sir,—I agree to sell you a bay gelding, price 40l., warranted sound; quiet to ride and in double and single harness, on the following conditions—namely, should you not approve of it in three days, you shall be at liberty to return him on Tuesday next, and receive back the 40l. I further acknowledge to have received this day 4l., in part thereof") I had never purchased the horse, nor even offered money for it—I held the letter open in my hand to Goddard, and demanded the horse—I said, "Either under the agreement you made this morning, or upon this letter, I am to have the horse"—he said he could not give it me—I said, "You have no excuse for not giving it to me"—he refused to give it to me, and said I might see Mr. Shaw at Floodyer-street—I did not at all intimate to the groom that I agreed to these terms—I went to No. 14, Floodyer-street immediately afterwards—a women opened the door, and said Mr. Shaw had gone to Reading, and would be home on Monday—I went to Floodyer-street again on the Monday—another person opened the door, and said Mr. Shaw had not been home, and they did not know when he would be home—I went to the stable that Monday, and no one was there—I was directed by a person in the yard to a public-house—I went there, and enquired for Mr. Shaw's groom, and Goddard appeared—he told me he had heard I had been to Floodyer-street, that he had not seen his master, and did not know what was to be done—I went away—I think I went again on the next day, the 22nd—I could not find either Shaw or Goddard either there or at Floodyer-street—on that day, 22nd, I saw an advertisement in the Times referring to the same stable—(read "Two horses for sale. The proprietor having only use for one, will dispose of either; the one a powerful brown muzzled mare, the other a handsome bay gelding, full tail and mane, 14 hands and 1/2 high; hunted the whole of last season; regularly broke to double and single, harness; both young, safe, and temperate. Apply at the stable, No. 1, Scott's arms Yard") I went to the stable on the 24th—I did not see any one at the stable, it was locked—I saw Goddard at the public-house opposite—I asked what was to be done about the horse, whether I was to have it—he said he did not know what master intended to do—he was keeping the horse for me—I said, "Can't you give it me then"—he said "No, I have no orders—I believe he wants a deposit of 10l. more"—I repeated the question, "Is he keeping the horse for me"—he said, "Yes—I do not know what he means to do"—I said, "Then what does this advertisement which is in the Times this morning mean"—read that (reads) "To be sold 2 horses, one a bay gelding, stands 15 hands 2 inches high, very handsome; short black legs; a good saddle horse—and broken in to single and double harness"—my horse was a black legged horse—this was quite the description of it—I said, "What is this advertisement"—he said "It is not the horse, it is the mare"—I said, "The advertisement says a horse"—he said, "That must be a mistake"—on the 30th Dec. I went again and demanded possession of the horse, or the alternative, the return of the 4l.,—he said he could not tell what was to be done—he did not know what master meant to do—he believed master was keeping the horse for me—I said, "I must proceed against your
master—I shall want you as a witness—what is your name"—he refused to tell me—I have neither got the horse nor the money—on the 29th Dec. I saw an advertisement in the paper—I have taken a note of them, they have appeared 12 times—I spoke to Mr. Nicoll.
Cross-examined by MR. PAYNE. Q. When did you go to Bow-street? A. I do not recollect—I think it was the 23rd or 24th of Jan.—I think the last time was last Saturday—I went before the Grand Jury last Thursday—I never saw the horse after the 19th of Dec.—the groom would not show him to me—the 19th was the day on which I paid the deposit—Mr. Shaw in the first instance offered to sell me the horse, for forty guineas—I said I liked the look of the horse it seemed a good horse, and I should like to try it, and he said I must make a deposit of 4l. or 5l.—I have never asked Mr. Shaw for the 4l. back again—I have never been able to see him—the prisoners were taken on a bench warrant the night before last, I am informed—I presume they hear today for the first time the statement made against them—I did not agree to buy the horse at all, but when the groom gave me this letter, saying, "Mr. Shaw agrees to sell me the horse, &c." I showed it to the groom and said, "Either under the agreement or this letter let me have the horse"—he referred me to his master—supposing I had liked the horse, I should have thought its appearance was such that it was well worth the money—the appearance of the horse is the least part of it—I did not see it go through its paces—I judged from the make of the horse—there are some points about the make of horses which I know.
MR. PRENDERGAST. Q. Had you any intention at that time of giving any money at all for it? A. No.
HENRY NICOLL . I am a solicitor, and live at No. 88, Queen-street, Cheapside. I am brother-in-law to Mr. Sweet—I received some information about the 22nd of Dec.—I think on the 23rd Mr. Sweet pointed out to me an advertisement which appeared in the Times on the 22nd—I went on the 23rd to Scott's yard and I saw Goddard—I said I came in consequence of this advertisement tisement that had appeared the previous day, that there were two horses to be sold, one a bay gelding, I wanted to look at that—he showed me a bay gelding with a flowing mane and tail, and short legs—I asked him if the horses were his—he said no, they belonged to Mr. Shaw, of Floodyer-street, that he wanted to sell either of them, he did not care which, but that he (Goddard) had power to sell if he chose—I asked what Mr. Shaw was—he said a surveyor—I said did not know exactly whether the horse would suit me, where could I see Mr. Shaw—he said at 14, Floodyer-
street, but not then, as he was just gone in the City, but Mr. Shaw was in the City every day, and he would give me a call in the City if I chose—he said Mr. Shaw had had this gelding about eighteen months, and he described it as a most excellent house; that it had been used for a Brougham, and had been hunted, and if I had only seen it going by the Horse-guards I should have been charmed with its action—I said I did not want the horse for myself, but for 3 friend, that I should not dream of having the horse without a trial, and I said the advertisement mentioned a trial would be given—he said, "Yes, you may have it a week on trail"—he said, "Will you have it now, will you buy it at once?"—I said, "I don't know that I can buy it now, I had better see Mr. Shaw about it"—I then left the stable, and I immediately afterwards returned and said to him, "Is there anybody else after the horse?"—he said nobody, except he believed his master had a letter from the Isle of Wight, but he did not think anything would come of that—I said, "If there is anybody else about it I shall not think anything more about it"—on the 24th Mr. Shaw called on me—he stated that he came in consequence of my having called about a horse—he gave me this card, "Mr. William Shaw, 14, Floodyer-street"—he said, "That is my town address, my country residence is at Reading"—he said his servant had taken an unwarrantable liberty—(I Should have said that Goddard told me the price of the horse was forty guineas, but he believed pounds would be taken)—Shaw said his servant had taken an unwarrantable liberty in saying pounds, that he had asked 45l. but would take forty guineas, but as his servant had said pounds of course he must abide by it—I said, "I cannot take it without trial"—he said I might have it on trial when I wished—I said, "I cannot take it now, I am engaged on Saturday, I will bring my friend to look at it on Monday, and I will say whether I will take it on trial or not"—Shaw said, "Well then I will keep the horse for you till Monday, of course you will have not objection to give me a deposit"—I said, "Is that usual?"—he said, "That is my way of doing business"—I said, "I don't know that I shall buy the horse, I don't think I can give you any deposit now"—he said, "You cannot except me to keep the horse for you"—I said, "I don't require you to keep it if you meet with a purchaser"—he told me he would let me know if he met with purchaser between then and Monday, and he said he should be in the way from ten till two o'clock on Monday if I would call—I went to the stable on the Monday between those hours and took two friends with me—Goddard was there—I asked him if Mr. Shaw was there—he said no he was out, but there was a friend of his who would do—I saw the horse that Monday—I had seen it before, but it had not had its cloths✗ off before—on that Monday I saw it without its cloths—it was a short black legged bay gelding, with a flowing mane and tail—it had a piece robbed off its back, where it had been sore apparently, and the hairs were not grown—I do not think there was anything said then about my having it on trial and paying a deposit—on the following Thursday Shaw called on me again—he apologized for not meeting me at the stable—he said he had been there on the previous Saturday, thinking that was the day he was to have met me—he said I might have the horse on trial whenever I liked—I said I could not take it during the frosty weather—he said, "Well if you will give me a deposit I will order the groom to take it where you like when the frost is over"—I said, "What deposit do you require?"—he said 5l., 10l., or 20l., just whatever I thought proper—I did not give him any—the last time I saw him was on the last day of Dec.
Cross-examined. Q. You paid no money, and lost nothing, and went away? A. Yes.
JOHN LUND . I am an inspector of police. I have known the prisoner Shaw about three years and a half—I have had something to do with him—he is not a railway surveyor, or a surveyor at all—I never knew him to get his living in that way—I do not know his country-house at Reading—I know the house No. 14, Floodyer-street—Joseph Burrows keeps it—Shaw does not live at that house—I have been there I suppose twenty times, and Burrows informed me Shaw did not live there—I could not find out that he lived there.
WILLIAM SMITH . I am a sergeant in the Fusileer Guards. I have known Shaw since Dec., 1845.—he has not been a surveyor—he has been dealing In horses—I have known him at two different stables—I have known him going from stable to stable—I have taken some pains about the matter—my brother bought a horse of him, and I had something to do with him in a dealing about a horse—I wanted some money of him, and he told me trade was so bad at the time I asked him, that he could not then pay, but when trade was a little better, he would, and he would do so as soon as he had sold a horse that was in the stable.
JOSEPH THOMPSON (police-constable F 62.) I apprehended both the prisoners—I found them at the Cock and Bottle, Bedfordbury, almost opposite Scott's Arms Stable—they came out of the tap-room—Shaw came out first, and Goddard followed him—I had some conversation with them—I found on Shaw two pocket-books, a card-case, and some advertisements from newspapers, about the sale of horses, and other things, and this receipt.
WILLIAM SMITH re-examined. This receipt is Shaw's writing—(read—"Received this 26th of Sept., 1846, of Mr. W. F. Schofield, the sum of fifty guineas for a bay-gelding. Warranted in every respect perfectly sound and quiet in single and double harness; also to ride, and if not approved of in fourteen days from the date hereof, I further agree to take him back uninjured, and return to W. F. Schofield a like sum of fifty guineas.—52l. 10s.—WM. SHAW."
SHAW— GUILTY . Confined One Year.
GODDARD— NOT GUILTY .
OLD COURT.—Saturday, 6th of February, 1847.
Fourth Jury, before Mr. Recorder.
571. EDWARD ABBOTT was indicted for stealing, at St. Giles's-in-thefields, 1 cruet, value 1s.; 1 salt-celler, 6d.; and 1 pepper-castor, 6d.; the goods of Henry William Tancred, and others, and 1 watch, value 7l.; 1 tureen, 22l.; 6 spoons, 22s.; 1 ladle, 2s. 6d.; 1 pair of boots, 12s. 6d.; 12 lbs. sugar, 7s.; 1 1/2 lbs. mustard, 1s.; 2 coats, 1l.; 3/4 yard of cloth, 5s.; 2 bottles of wine, 12s.; 72 pence; 106 halfpence; and 6 farthings, of Joseph Sparks the younger, in the dwelling-house of said Henry William Tancred and others—2ND COUNT in the dwelling-house of Michael Doyle.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
MICHAEL DOYLE . I am steward of Lincoln's-inn, and live in the New Hall with my family—no one else lives there. The prisoner was employed to attend as stoker to the furnaces for heating the hall—he did not sleep on the premises—there are rooms appropriated to me in the building—it is my dwelling-house—I live there, and have offices as well—I do not pay rates or taxes—the Society pay them—Mr. Henry William Tancred is one of the Benchers of the Inn, which is in the parish of St. Giles'-in-the-Fields—I am the sole occupier of the house—the occupation is part of my appointment—I cannot say that if I lived elsewhere my salary would be larger—I have coals, candles, and everything found me—Mr. Tancred was treasurer last year—he is the head of the Society—the prisoner had a key to let himself in to his work, and out at night, he being the last person in at night, it was his duty to put the gas out—that key opened two of the doors, the south entrance, which is the kitchen entrance, and the bencher's private door—the kitchen entrance would be the proper way for him to come in—he would have no right to come in the bencher's way—my office is similar to the under steward's of the Inner Temple—I have a passage to the bencher's apartments, and an outer door of my own besides—I am rated as the occupier—there are trustees—the Vice-Chancellor of England is one of them, and is also a member—there are several other benchers—they are trustees of the property—there are different trustees for the funded property—on the morning of the 31st of Dec., about half-past ten, from an intimation I received, I went into the still-room, which is used by the servants for washing and cleaning—it is underneath the benchers' apartments—I saw the prisoner there with a lock in his hand—he showed it me, and said, "See here, Sir, here has somebody been attempting to
break in, "and he pointed to a small piece of a key which had been broken in the ward of the lock—Mr. Wheatley was present—I said to both of them, "Have you been lending your keys?"—they both answered, "No"—"I said, "Show me your keys," and they both produced their keys—I told the prisoner to take care of the lock and piece of the key—I sent for the police shortly afterwards—the prisoner pointed to the door where the lock had come from—it was the lock of the door of the benchers' room, but he showed it me in the still-room—he had no business in the benchers' room at that time—I went into the third butler's room, and found somebody had attempted to force the leaden casement, inwards—it appeared to have been forced from the outside—I went round and examined the building till I came to Mr. Sparkes's room—I found that had been broken open—on entering it, I found all the cupboards open—I went back to my office, got the key, went in with one of the clerks, and found papers and everything strewed about the room—mine is a private residence attached to the official residence—I have an office as well—I have the residence as steward of the Society—I have the dominion of the whole of that interior, for my own family.
Cross-examined by MR. MELLER. Q. How long had the prisoner been in the employ of the Society? A. Two or three years—he was sent there by Mr. Perkins, the engineer, who is employed by the Society, to be at the Hall, and was in the habit of coming daily—his proper way to come was by the kitchen entrance—the workmen employed on the premises have not used the bencher's entrance since Oct.—they had been in the habit of using the bencher's entrance up to the time in question, for going out, but not for coming in—it was not part of his duty to clean the locks—we have a proper locksmith—the first person who gave me information about this lock was Mr. Wheatley, the laundress—a person named Hurst was in the still-room—I do not know that he was present when the prisoner took the lock off, or whether he is here—I did not give the prisoner money to buy some tools, for the purpose of attending to the locks—I bought some tools for the furnace—they were not of a description to apply to locks that I know of—they were not bought for locks, and the money was not given for that purpose—the prisoner was not engaged at workint at locks—he said Mr. Perkins took his tool away, and he had money given him to get tools that would be useful to him in his business connected with furnace—I gave him no directions what to buy—I gave him money—I did not see the tools he purchased, till after he was in custody—I cannot say that he had not openly interfered with this lock before—the cook's room is in the south part of the building, looking towards the square—I found the key in its place in the morning—there is more than one door opening into that place—the key I have fits the outside door—that door leads into two more rooms, and then into Mr. Sparke's—there were a carpenter and his labourer employed on the premises at this period—I do not know how many other—I believe one or two—I should not say that any person could have got access to that key if they required it—my part of the house was opened of a morning, when the laundress was there—I was not in the habit of locking my door, the house door I was—it is not connected with Mr. Sparkes's room—it is on the other side of the building—I had no fault to find with the prisoner up to this charge—I had every confidence in him.
MR. CLARKSON. Q. At what hour should he come of a morning? A. About six or seven o'clock—none of the servants are authorized to go in at the benchers' door—the lock I speak of is the lock of the benchers' door—they are permitted to go out there at all time, and they may come in there in the day-time but not at night—the prisoner's engagement confined him entirely
to the furnaces, and the heating them—I never furnished him with any money, or gave him any instructions to meddle with any of the locks of the building.
JOSEPH SPARKES, JUN . I am cook to the Society of Lincoln's Inn—I have three rooms in the New Hall—I am there every day during Term, and occasionally out of Term—on Tuesday morning, the 29th pf Dec., I left my rooms, and left everything safe—there was a gold watch on a sideboard in the middle room—there are two cupboards in that room—a silver tureen, a pair of boots, and about 2l. and upwards in copper was in one of them, and a box of cigars in the other—it is part of Mr. Doyle's dwelling-house—it is connected with it, and is under one continuous roof—I say there was 2l., but I believe there was more than 3l.—some of it had been lying by many years in the kitchen, which had made the money mouldy—I missed some tablespoons—I do not know the exact number—I have found five, which I identify, and one tea-spoon, and the bowl of a small ladle—two great coats, and a small piece of black cloth were missing—when I went to my rooms on the 31st of Dec., I found the cupboards all wide open, and the room in great disorder—I went into the third room, and saw the window had been broken, and an iron bar wrenched out—there was a bureau in that room, and various stores—the bureau was wide open, and the drawers underneath also, and many things scattered about—the cupboards in that room were wide open, and I missed from them some silver spoons, part of which I have since found.
JAMES LEWIS ASHMAN (policeman.) I was called in—I ultimately found the tureen and silver spoons concealed in a flue over two furnaces—I watched the prisoner, and found that he went to No. 38, Whetstone-park—another constable searched there—I did not.
MR. WILLIAM WADHAM COPE . The prisoner was sent to Newgate on the 28th of Jan.—he sent one of my officers into the house that day, to say he should be glad to see me—I had him into my office—he told me that he had a communication to make to me respecting the robbery which had been committed—I told him it must be of his own free will and consent that he gave any statement to me, because I must immediately inform the prosecutors—he said he was very desirous of doing it, that he had been several times to see them but could not, but he was determined to let them know the whole particulars—he told me part of the property had not been found, a watch and two coats—he told me where he had secreted the watch in the building, and also where he had put the coats—I immediately went up to Lincoln's Innhall, and saw Mr. Sparkes—we went to the place which the prisoner had described, and the property was found precisely where he had described it to be—he afterwards made a very long statement, which I have written down—it relates entirely to this case—this is a copy of it in my handwriting—he knew I was taking it down for the purpose—the first is the statement he made to me on the Friday, which I have already given—the next statement he made after I found the watch. (These statement were not read.)
Cross-examined. Q. Did you, in consequence of what the prisoner told you, find the watch? A. I did—it is here—I found it between two pieces of board that were screwed together—the two pieces of board were got up to make room for the watch—it was hid in the premises.
MR. MELLER to MICHAEL DOYLE. Q. Was there any other person that had anything to do with the flue besides the prisoner? A. No.
MR. SPARKES (looking at several of the articles produced.) This watch and tureen are mine—these two spoons belong to the benchers, the others are mine—the plate is my own, I formerly furnished it for the use of the benchers.
MR. DOYLE re-examined. Q. Are there any person whatever interested in the Lincoln's Inn as owners, except the members of the Inn? A. Not in
the Hall—the benchers are considered to be the head of the Society, and the treasurer for the time being the head of the bench—Mr. Tancred is a benober, and likewise a member of the Inn of Court—the benchers exercise authority over the whole of the building—they reserve it for their own purposes, having servants under them, in the occupations of portions of the building, and they pay the rates—the collector is here to prove that they are in the occupation of the premises, by themselves and their servants.
GUILTY . Transported for Seven Years.
(William James, superintendent of police at Leeds, deposed to a previous conviction of the prisoner at Leeds, in 1836, for which he was sentenced to six month imprisonment; he further stated, that he had know him for many years since then, bearing the reputation of an honest man; Samuel Loveday, schoolmaster, a clerk in Clerkenwell workhouse; William Edwards, corn, coal, and potato dealer, Lion-street, New Kent-road;—Richardson, tailor, 39, King-street, St. Luke's;—Botinie, foreman to Mr. Perkins, the prisoner's employer, deposed to his good character.)
THIRD COURT.—Saturday, February 6th, 1847.
NOT GUILTY .
RICHARD STEVENS . I am a seaman, and live at Mr. Turner's, in High-street, Shadwell. On the 14th of Jan., about half-past four o'clock in the afternoon, I was paid off—about six o'clock in the evening I went with my shipmates so the Bull's Head—I do not know where that is—when I went in I had five sovereigns in my pocket-book, in my right hand trowsers pocket—there were four or five young women there—the prisoner was one of them—I did not treat them—my shipmate and the prisoner were tossing for half a pint of rum—I changed a sovereign, and after paying for half a print of rum, and giving 6d. to a man, I put the rest of the change into my pocket-book—I was at the house all the evening—I had been drinking and playing at skittles, and left about a quarter to twelve o'clock, as near as I can guess—I paid for the rum half an hour before I left the house—the four and a half sovereigns, and the rest of money in silver were in my pocket-book with my register when I left—four of us left the house together and went to the Mile-end-road—one of my shipmates went across the road, and the prisoner came up to us in the street and wanted me to go home with her—I would not—she put her hand in my right side trowsers pocket, took the book out, and ran away—I was sober enough to know what took place, and to swear to her the next morning.
Cross-examined by MR. DOANE. Q. There were four or five girls, and three of your friends? A. Yes—we had not much rum—we were the worse for liquor—I was not tipsy—I cannot say I was sober—I was merely fresh—I knew what I was doing—I did not lay hold of the prisoner's hand, because she ran away—I was not more than half or three quarters of an hour in her company—I went out with my companions—they had left me, but were not far off at the time this took place—none of them are here to
show that I had the money—I am quite sure I never charged any other woman with this.
COURT. Q. How long was her hand in your pocket? A. It was no sooner in than it was out again, and she was gone.
Cross-examiend. Q. Two men as well as the girls? A. Yes—there were six or seven of them altogether.
ALFRED ALBERT CARNE . I am assistant to Mr. Groombridge, a linendraper, of Ratcliff-highway. The prisoner came to the shop, bought some things, and paid me with a sovereign—I saw some silver in her hand.
ELLEN DARBY . I am unfortunate girl. On the 14th of Jan., about a quarter to eleven o'clock at night, I was in the Bull's Head, and saw the prisoner tossing with a shipmate of the prosecutor's for half a pint of rum—she asked me to lend her a halfpenny to toss with—Stevens went out, and she went out five or ten minutes after.
Cross-examined. Q. There were three young men with him? A. Yes—they went out together.
JAMES MALIN (policeman K 99.) I took the prisoner the following morning, searched her, and found 5d. worth of halfpence in her hand—she was searched at the station, and two pairs of stockings found on her.
JURY to RICHARD STEVENS. Q. How soon after the woman left you did you mention t anybody that you had lost your pocket-book? A. About an hour and a half.
COURT. Q. To whom? A. The policeman—I did not see anybody before I went to Mr. Turner's, where I lived, and stopped at the door till a policeman came—I ran after the prisoner, but she got out of my sight.
NOT GUILTY .
574. JOHN BRUKE was indicted for stealing at St. Andrew, Holborn, 1 watch, value 14l.; 1 watch-guard, 3l.; 3 shirts, 7s. 6d.; 2 pairs of drawers, 3 s.; 1 pair of trowsers, 1l. 1s.; 1 coat, 2 l.; and 7 shirt-collars, 6s.; the goods of James Grayson, in the dwelling-house of John Kinton.
MR. O'BRIEN conducted the Prosecution.
JAMES GRAYSON . I am an attorney, and live at Newcastle-upon-Tyne. Last Dec. I was in London, and stopped at Hinton's Coffee-house, Red Lion-street—between twelve and one o'clock, on the night of Christmas-day, I was driven by a cabman form the City—I was to be driven to Holborn—he said it would be as near to go up Chancery-lane—when we got to the Grapes public-house the cab stopped, and I saw the prisoner—I treated the cabman and the prisoner there—they appeared to know each other—I had been drinking, and got three or four shillings of the landlord on a brequet-chain—I spent that in drink—the cabman left me, and the prisoner said he would see me home—on coming out of the Grapes he pleaded poverty, and said he did not think he could get a place to rest himself, he could not get a place to go to—we walked on to Holborn to the Coach and Horses, and had some ale there—I left a diamond ring with the landlord—we left there somewhere about three o'clock—I let myself into my lodgings at last, and the prisoner went with me—about ten o'clock in the morning I asked the prisoner to raise up the bed and give me my watch—I looked at it—it was a little after ten o'clock—it was a gold watch—it was left then on the chimney-piece, and I dozed off to sleep again—when I awoke the prisoner had left the room, and the watch was gone—I got up, and found all my things strewed about the
room, my papers especially—the key of my portmanteau was in my pocket the night before, and the portmanteau locked—I found it open, and missed things from it—as soon as I could dress myself I gave a description of the prisoner to the policeman, and saw him at the station on Sunday—I have not the least doubt of his being the person, and never had—he had a better handkerchief round his neck, I thought, a better coat, and a new hat.
Cross-examined by MR. HORRY. Q. These adventures rare very rare with you? A. Yes, but this was Christmas-day, and I was a little affected with what I had taken—I was taken up in the cab at the top of Queen-street, in the City—I told the cab man, before I got in, that I only had 1s.—the prisoner was at the cab-stand—I spent 1s. in the public-house, in brandy and water, and had not 1d. to give the cab man—he said he did not mind his fare, if it was spent in liquor it would be quite sufficient—he went away and left the prisoner and I together—the prisoner and I had a little liquor after the cab man went away—then we went to the Coach and Horses and had some ale—I do not recollect saying there before Mr. Pacey the landlord, "Now, my boy, come and have a cup of coffee and a rasher of bacon"—I may have said so—the prisoner said he was afraid he should be shut out and not have a night's lodging—I never heard him say he was lodging at his aunt's—I cannot be certain either one way or the other—I slept on the inside of the bed next the wall—he was on the outside nearest the door—he had to reach over me to the chimney-piece—when I went to bed I put my watch underneath the bed at the foot, not under the bolster—I generally put it on the chimney-piece—I did not feel sick or ill in the morning, from the liquor—I do not recollect that the prisoner said anything about being ill—he was on the bed, and I was aroused by his movement and missed the watch—he afterwards got up and went out—he did not ask me good morning as he went out—he did not put on his hat—he did not ask me to take the watch out and look at it then—I did not hear him say the night before that he had to be at the stand at eleven o'clock—mine was a carpet-bag, not a portmanteau—I do not recollect paying 6d. for a glass of brandy and water.
MR. O'BRIEN. Q. Did you miss the watch before the prisoner left the room? A. No, I think about two minutes afterwards—nobody else had come into the room before I missed it.
MR. HORRY. Q. Was the door locked night? A. Yes, and the key on the inside.
GEORGE HARRISON (police-constable F 120) In consequence of information I took the prisoner on Sunday morning, between one and two o'clock, in Newcastle-court—I told him it was on suspicion of stealing a gold watch—he said, "I have not got it"—in going to the station I asked him if he recollected being with a gentleman—he said he had been with a gentleman who had left a brequet-chain at a house in Newcastle-court, at Carr's house—I know the house—he said he got 3s. or 4s. on it—he said they went from there to the Coach and Horses, Holborn, and the gentleman left a diamond ring for 6 penny worth of something to drink—I think he said he slept at home that night, but do not know whether he did or not.
Cross-examined. Q. Did not he say, "I did not sleep at home, I slept with the gentleman?" A. I think he said he slept at home, but am not certain—I have made inquiry about the property.
ELIZA BUTTEN . I serve in a coffee-house. On this Saturday morning, about half-past ten or eleven o'clock, I saw somebody coming out of Mr. Grayson's room—I do not know the prisoner—the prisoner said, "Will you call him about half-past eleven"—I understood him to mean Mr. Grayson.
Cross-examined. Q. Was the door open? A. I heard him open it—I looked round and saw him come out of the bed-room door—it was shut at first—he
did not come back to me—he passed me, got two or three stairs down, and then turned round and said, "Will you call him about half-past eleven?"—he went away—I saw nothing in his hands.
(James Kenny, head gardener at Lincoln's-inn-fields, gave the prisoner a good character.)
GUILTY. *(†) Aged 22.—Recommended to mercy by the Prosecutor, on account of the sudden temptation. — Transported for seven Years.
JOHN FEATON . I am an outfitter, and live in Limehouse—the prisoner was in my employment as a cutter-out—I discharged him on Saturday the 23rd of Jan.—on the Monday morning I went into my shop and missed two silk handkerchiefs from the window—in consequence of which, I went with Hobbs to Mr. Hawkins in Limehouse-fields, and found other goods—we then went to Mr. Hawkins in Limehouse-fields, and found this waistcoat—(produced)—which I believe to be my property—it has the private mark of my shop.
Prisoner's Defence. If it was the last word I was to speak I deny taking anything while I was in Mr. Featon's service.
NOT GUILTY .
JOHN FEATON . I am an outfitter, and live in Cole-street, Limehouse—the prisoner has been inn the habit of bringing work to and fro—he was not in my employment—I went to my shop on Monday, and missed some silk handkerchiefs—in consequence of what Hobbs told me, we went to Mr. Dicker's, a pawnbroker, and found this jacket—it is my property—I went to Mr. Hawkins', and found other property there—I cannot swear to all of them, but believe them to be mine.
WILLIAM DICKER . I am a pawnbroker, and live in the Commercial-road—I produce a jacket, a pair of trowsers, and other things—the trowsers were pledged at my shop, I believe, by the prisoner, but I cannot swear it—I gave a duplicate to the person—I believe the prisoner pledged this jacket, but am not certain—they were pledged in the name of John Reed—I produce a waistcoat which the prisoner offered to pledge, and was detained.
Prisoner's Defence. I pawned the things for Mr. Andrews, and the reason I put them in my own name was, that the pawnbroker asked me what my name
was, and I did not understand it not having been to a pawnbroker's before; he put it on the ticket—I always went by that name.
NOT GUILTY .
577. THOMAS CHURCH and MARY ANN BRIARLEY was indicted for stealing 8 sovereigns; 2 half-crowns; and 26s.; the property of John M'Carthy, from his person; and that Church had been previously convicted of felony.
JOHN McCARTHY . I am a French-polisher, and live with my parents in Little John-street, Brick-lane. On a Tuesday, about the 27th of Jan. I had 10l. in my pocket, belonging to my master—I had received it for my master—I had it in my possession at half-past nine at night, waiting for my master to come home to receive it—I got little drunk previous to leaving the factory, and thought I would leave it at my aunt's for fear I should lose it—about one o'clock in the morning I went to a coffee-house in Brick-lane, and staid there till about a quarter past five in the morning—the money was at my aunt's then—the prisoners were there—I afterwards saw them in the Angle and Crown—they had something to drink—they came out and I had some, and gave them some—about a little after seven I left the Angle and Crown, and went to my aunt's for the money—I got eight sovereigns and 31s. in silver from my uncle—I put it into my pocket-book—I had 6s. or 7s. then of my own—I went out with the money in my pocket and met the prisoners again—I afterwards wrapped the gold in a piece of rag, put it into my fob pocket, and left the silver in my coat pocket—I went into High-street, Whitechapel—I saw the prisoners again—they asked me to stand something more to drink—I went to the Angel and Crown again with them, and took them to a coffee-shop, and gave them some coffee and beef-steaks, that was about half-past eight o'clock in the morning—I had been out all night—about a quarter-past eleven I left the coffee-shop—the prisoners were still with me—we went to the Red Lion—I felt the money safe in my fob pocket before I went into the Red Lion—the prisoners went in with me—we all sat down together in the tap-room—Briarley sat on my left and Church on my right—we all three had some beer—while drinking it I caught Church's hand in my trowsers pocket, not in my fob—I said, "D—n you, do you want to rob me after I have been treating you in the manner I have"—he said, "I do not want to rob you Jack "—he had got hold of my name somehow—I went and stood by the fire, and something came over me that I could not keep my eyes open—I had the money safe then—I sat down in a different part of the tap-room, and the prisoners came and sat close to me—I fell asleep, and awoke up half an hour afterwards, and found my pockets cut, and the gold gone—I felt in my coat pocket, and found a large hole there also—the prisoners were gone—I told the waiter I had been robbed of a considerable sum belonging to my employers—this was on Wednesday—on Sunday I saw Church, in whitechapel, in company with two men—I hardly recognized him because he had different clothing on—I got hold of him—he slipped out of his handkerchief—I was knocked down, and got several kicks—I screamed out for the police—a policeman took charge of him—on Monday I saw Briarley—a policeman was with me, and I gave her in custody—before I charged her she said, "So help me God, you think I have robbed you, but God strike me dead, I am innocent of it; have you seen anything of little Tommy since?"—I said "Yes"—she looked down at her dress, and said, "You think this came out of your money, but I have had that dress a long while."
Cross-examined by MR. PAYNE. Q. You work for Mr. Newton? A. Yes—I
received the money at half-past one o'clock on Tuesday, but could not find my master at home to pay him—I left the factory at a quarter to ten—I had spent the evening in and out of the factory, and had been at the Northumberland Arms, opposite the factory—I did not get intoxicated then—I went to my aunt's at a quarter-past eleven—she is not my aunt, but I always call her so as she has behaved as an aunt to me—she is no relation—I cannot say why I did not go home to my parents—I went to the coffee-shop about one in the morning, to get some coffee to refresh myself—there were a lot of conjurors there, and I stopped to look at them, and then I went and had some gin at half-past five in the morning—I may have told the Magistrate I had nine sovereigns and 11s., as I was so agitated—I have not been talking to Mr. Welch since, and altering my evidence to agree with it—I put all the gold I received from my aunt into my fob pocket—I did not go and pay my master the money between seven and eleven, as I got into low company, and my master was indebted to me in a sum of money a long while—I have not had my account since Christmas—I have received money by instalments from him—I did not go away when I felt Church's hand in my pocket, because I got stupified—there was some drug or something given to me—when I found Church, he denied knowing anything at all about me—I have worked for Mr. Newton four years—there was not a foreman at the factory between one o'clock and nine—Mr. Newton has no wife, and no one to attend to the business—a gentleman had come from the country, and had taken Mr. Newton out on business—my master had authorized me to receive the money—he gave me a check for 42l., to take to Mr. Newton, his cousin, in Chancery-lane, and borrow 10l., on it, as he wanted it in a hurry—I am twenty-five years old—the prisoner Church gives his age as sixteen—there was nobody at the Red Lion public-house but the prisoners, as far as my recollection serves me—I called for a pint of porter there, and for more after that—I swear Church was in my company—I have not mistaken him for anybody else; I heard Briarley say she never saw him before—we went into the coffee-house in Church-lane, I swear Church was there—I did not have a pint of rum at the bar, to my recollection—I do not recollect that there were six of us having steaks and pots of beer and rum, I remember having steaks—the landlady of the Red Lion refused to serve us with any more beer—she did not want to turn us out, in my hearing—I will swear Briarley did not tell me she was going to leave me, and that I did not tell her she might go to hell.
WILLIAM CHISNELL . I am potboy at the Red Lion, Whitechapel. I recollect McCarthy and the prisoners being there on a Wednesday—I am quite certain of them—I had never seen them before, but can swear to them—McCarthy was not quite sober—he was not much in liquor—it was about eleven o'clock in the morning—they came together—after McCarthy had taken a pot of beer he fell asleep, with Church at his right hand and Briarley on his left—I heard the prisoners whispering together, but could not hear what they said—I saw Church's hand in the man's pocket, and said, "If you want to rob the man take him outside, the governor will not allow it here"—Briarley immediately said, "He must be a d—d rogue to rob his own brother"—I said, "I think he would as leave rob his own brother as any one else"—I went down into the kitchen for some coals, leaving nobody but McCarthy and the prisoners there, and when I came back the prisoners were gone, and the front of McCarthy's trowsers down, and his pockets hanging out—I buttoned them up in the governor's presence—when he awoke he complained of being robbed of a large sum of money—he did not say what.
Cross-examined. Q. You had never seen the prisoners before? A. No—my
master is not here—it is a very respectable house—when I saw the man asleep, and the prisoners feeling his pocket, I told my mistress, and she told the governor, and we went into the tap-room three minutes afterwards, and the prisoners were gone.
Brialey. I never said he was a rogue to rob his own brother.
THOMAS WELSH . My wife is an acquaintance of McCarthty; it is a fashion of his to call her his aunt. On Tuesday night, between eleven and twelve o'clock, I saw him leave some money with her—on Wednesday morning, between seven and eight, he called for it—I gave him eight sovereigns in gold and 31s. in silver—he put into his breast pocket, and went away—he was quite sober.
Cross-examined. Q. What are you? A. Ajourneyman tailor, and live in Dorset-place, Brick-lane—McCarthy's father and mother live about five minutes' walk from me—I am my wife and McCarthy did not share the money between us—I have had very little work lately—if McCarthy had been intoxicated I would not have given him the money—there was nothing to prevent his taking the money to his master.
THOMAS WEAKRORD (police-constable H 38.) I saw the prisoner, Church, taken into custody—I told him it was on a charge of robbing a man of about 10l.—he said, "May I never live to see my father and mother alive if I know anything about it"—I searched him, and found five half-crowns on him—I took Brialey on Monday night—before I told her anything she said, "God strike me dead! I never robbed you"—McCarthy looked at her gown—she said, "You may think this gown was bought out of your money, but this gown I had before."
Brialey's Defence. I never said anything about it; I meet the prisoner in the Angel and Crown, and he said he had no money, but was going to get some; he offered to take me to Brighton with him; I went to several public-houses with him, and had several half-pints of rum; the prosecutor got stupidly drunk laid his head on the table, and went to sleep; I awoke him up, and said, "Are you coming?" he said, "No;" "I am going;" he said, "You may go to hell;" I went away.
WILLIAM FOY (police-constable N 319.) I produce a certificate of the prisoner Church's former conviction from Clerkenwell—(read—Convicied Nov.) 1845—I was present at the time—the prisoner is the person.
CHURCH— GUILTY . Transported for Seven Years.
BRIALEY— GUILTY .— Confined Twelve Months.
CHARLES PILCHER (police-constable K 190.) On the 16th of Jan., about three o'clock in the morning, the prosecutor and prisoner came together to me—they were both in drink—the prosecutor's face was covered with blood, and there was a cut over his eye—he said, in the prisoner's presence, "You see what my wife has done"—I asked how she did it—he said, "With a poker"—she did not say anything—he said he would give her in charge—I took her, and fetched a surgeon.
579. ELLEN CONNELL was indicted for assaulting George Henry Hutchings, and stealing from his person, and against his will, 1 sovereign, and 1 half-sovereign, his monies; and beating, and striking, and using other personal violence to him: and that she had been before convicted of felony.
GEORGE HENRY HUTCHINGS. I am a painter, and live at Park-terrace, Paddington-green. On Saturday night, the 23rd of Jan., about half-past twelve o'clock, I was on my way home—I stopped at the corner of Market-street—the prisoner came up to me, and asked me to go with her—I said, "No"—I had gone there for a purpose of my own, and was in the act of adjusting my dress—she put one hand round my waist and the other in my pocket, and took out a sovereign and a half—I seized her hand, and the sovereign dropped on the ground—I made an attempt to pick it up—she knocked me in the eye, and knocked me down—I called "stop thief!" and ran after her—she was stopped in Pread-street, and I gave her in charge—I am certain I had a sovereign, three half-sovereigns and a shilling in my pocket, and I may have had 6d.—I was perfectly sober.
Prisoner Q. Did you see any money with me? A. A sovereign dropped from your hand while I had hold of you—I did not want to put you on the side of the lane and * it was under a gas-light in the street; you knocked me down, at the corner of the street—I did not drop some money at the time the policeman came up—the policeman did not say, "Who dropped some money?"—I did not say, "I did."
THOMAS STILES. I am a waiter, and live in Praed-street. On the 23rd of Jan., about half-past twelve o'clock at night, I was in Pread-street, I heard a cry of "stop thief," and saw the prisoner run—I ran after and caught her—she got away from me, I caught her again and held her—before Mr. Hutchings came up, she said, "Pray don't stop me, I have not robbed the gentleman, he dropped the money in the street"—I kept her till Mr. Hutchings came up—a policeman came, and she was given into custody.
SAMUEL HAMRTON(police-constable D 24.) I heard a cry of "Stop thief!" about half-past twelve o'clock at night—went to the corner of Pread-street, and saw Mr. Hutchings holding the prisoner—he said, "This woman has robbed me of sovereign, a half-sovereign, and I believe a shilling, but I am not certain"—the prisoner said, "I have not robbed the gentleman, I have not got the money, the money fell on the ground"—she was searched at the station, and 1/2 d. found on her.
JURY Q. Did the prosecutor say at the station that he had been struck? A. Yes, and he had two marks on his eye—I did not think that he had been drinking—I thought him excited.
Prisoner's Defence. He went on in a very cruel way with me, but I did not take his money or strike him; I had but 1/2 d. about me.
SAMUEL CHESTER(policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted April, 1845, in the name of Aan Hickey, and confined six months, six weeks solitary)—I was present at the trial—the prisoner is the person.
GUILTY ** of stealing from the person, but not with violence. Aged 27.— Transported for seven years.
580. JOHN LAURENCE and MICHAEL DOOLEY were indicted for breaking and entering the dwelling-house of William Powell, at Paddington, and stealing 1 time-piece and stand, value 2l. 2s.; and 1 glass shade, 2s.; the goods of Jessey Margaret Campbell.
THOMAS BRADSHAW (police-constable T 130.) on the 9th of Jan., about
a quarter-past seven o'clock in the evening, I was on duty, and saw the prisoners together, and a lad with them, at the corner of Ladbroke-terrace, Notting-hill—I knew them, and went towards them—Laurence had got something in a handkerchief under his arm—I asked him what he had got there—he pointed to the prisoner Dooley, and said, "He gave it me"—Dooley was five or six yards off, and could hear—I lifted the handkerchief, and found an alabaster time-piece—I kept Laurence, Dooley and the other man ran away—Sergeant Hogan pursued them.
ELIZABETH POWELL I am the wife of William Powell, of Newton-road, Bayswater—it is his dwelling-house, and is in the parish of Paddington—this time-piece is Jessey Margaret Campbell's—I am quite sure that is her name—she lives in the house, but was from home at the time—I saw it safe on Saturday morning, between ten and eleven o'clock—I do not say the day of the month—the window was shut down, but not fastened—I did not see the window again till the evening—I did not miss the time-piece till the Monday morning following.
JOHN HOGAN (police-sergeant.) I was with Bradshaw when Dooley ran away—I apprehended him on the 19th of Jan.
Laurence's Defence, I was going to my father's and met a young man, who asked me to mind the time-piece, and he would give me the price of a pint of beer; Dooley came up, and I asked what I had got, and told me to cover my handkerchief over it; I was not aware that it was stolen.
(The prisoners received good characters.)
LAURENCE— GUILTY (†). Aged 17.
DOOLEY— GUILTY *(†). Aged 17.
of stealing only.— Confined Twelve months.
NEW COURT.—Saturday; February 6th, 1847.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . *— Confined Four Months.
THOMAS KEEN . The prisoner was in my service—on the 29th Jan. I observed him going away from the building at half-past five o'clock in the evening—he had these two pieces of wood, and his lad had a basket of chips—he got "Nothing at all"—I said I insisted on seeing—he held them out, and said he had got two chumps—I said, "Go with me to the station-house"—these are the pieces of wood, they are mine.
Cross-examined by MR. DOANE. Q. He said he did not think you would serve him so? A. That is quite right—I said to the Magistrate, "I wish him sent for trial, unless I am indemnified against his bringing an action against me"—I value these pieces of wood at 2d.—Mr. Cubit's foreman valued them at 6d.—the prisoner made the bricklayer acquainted that if he got away he would bring an action against me—he has a large family, and has been a respectable man.
MARTHA MONK . I am the wife of Johan Monk—we live at No. 14, Upper Grosvenor-street, St. Mary-le-bone—the prisoner was in my service, and after she left I missed the articles named in this indictment—these are them—I lost many other things of more consequence—I dare say nearly 2l. worth.
CATHERINE DONOVAN . The prisoner came to lodge with me on the 20th Jan.—she brought a bundle with her and a basket—the policeman took the basket she brought from a chair in my room, and found these things in it.
Prisoner. The lace is my own.
GUILTY .— Confined Four Months.
584. EMMA HARRINGTON was indicted for breaking and entering the dwelling-house of John Henry Burler, at St. Leonard, Shoreditch, and stealing therein, 1 bed, value 6s. 1 bolster, 1s.; 1 pillow, 1s.; 1 set of bed furniture, 9s.; 1 clock, 1l.; 4 chairs, 10s.; 1 tea-caddy, 2s.; 1 tea-tray, 2s.; 1 snuffer-tray, 6d.; 1 looking-glass, 3s.; 2 decanters, 5s.; 2 tumblers, 1s.; 6 wine-glasses, 2s.; 6 images, 3s. 6d.; 6 plates, 1s.; 2 waiters, 3s.; 3 pictures and frames, 4s.; 1 table, 14s.; 1 coat, 8s.; 1 waistcoat, 8s.; and 1 gown, 6s.; his property.
JOHN HENRY BUTLER . I became acquainted with the prisoner in 1845—when I had been in her company about a month, she came to my house at half-past eleven o'clock one night, and told me her brother had turned her out of doors—I had a young man of the name of Edwards loading with me—the prisoner requested to remain there all night, and I consented—I and the young man went to bed at three o'clock, and left the prisoner to sit up—the next day she requested to remain with me—she remained a week as a lodger—I did not sleep with her that week—she persuaded me to get rid of the lodger, which I did, and she and I agreed to be married in nine week's time—we slept together during that nine weeks—we went to her sister's at the expiration of that time, and I gave her sister half-a-crown to have the banns published at Lambeth Church, but it was not dine—the money was spent between her and her sister—I knew nothing about it till we were to be married, when it came out that they had spent the money—I forgave her that—a few days afterwards we had a dispute, and she absconded, taking property, and pawning selling it—she returned, and I forgave her for that, and promised her we would be married—with that we lived on familiar terms during the space of a month, her brother, and some young girls she was acquainted with came there and feasted on my property while I was out at work—I did not give her any wages—I am a French polisher—I gave her from 25s. to 30s. a week, my weekly earnings, and treated her just the same as if she were my wife—when I found that her brother, and several parties she was acquainted with, were bad characters, I forbade them to come to house—she persuaded me to remove from the place where we became acquainted together, as she had had a quarrel with the woman where we lived—we went away, and remained in a very comfortable manner—I then became acquainted with some things, and I asked for the key of my drawers, which she refused to give me—some words occurred, but of no angry nature—I went to my work at Stratford, and found on my return the prisoner had absconded, taking away property to the amount of 3l. 15s., and my silver watch—she met me on my return from Stratford, and began crying for acting, as she had done, and asked me to forgive her—I did, and I had the banns published once more, at Bloomsbury
church—I gave the money to the prisoner and my own cousin, and they went to have them published—soon after, the prisoner was taken ill with the rheumatic fever, and was laid on a bed unable to move—I paid for the doctor—she got worse—I got an order, and had her removed to the hospital—while she was there, I found she had parted with a number of my things—I then forbade her to come to my house again, and she sent for Mr. Edgar and told her to ask me to let her return—I did let her return, on condition that she would become more steady she returned—on 17th Dec., 1846, I went to my work at Epping-forest, and when I returned home, she was sitting by the fire-place—I asked her if she had got a shilling that I could get some polish (I had given her 1l. 18s. on the Saturday night before—she said she had not, she had lent Mr. Gabbidge 2s.—I desired her to go and ask him to let me have one shillings—she got up, put on her bonnet, and went down, as I thought, to get the shilling, but she did not return all night—I sat up till a quarter-past one o'clock—I arose again at five, and walked seven miles to go to my work—I returned the same evening, and found all the property taken away—while at the police-station, the prisoner swore, in presence of the inspector and the policeman, that she would do for me, that is meaning, in my humble opinion, some bodily harm towards me—my properly is all here now—the prisoner never brought one article out of my weekly earnings—it is the property I have had for several years before I knew the prisoner.
REBECCA BRIDGES . I am the wife of John Bridges. I saw the prisoner coming out of the prosecutor's room on the morning of the 18th of Dec., with three chairs—I asked her if she was going away—she said yes, for her husband had ill-used her; she would not stop with him—I said I thought it was a pity she should break up her home, and I bid her good morning.
EMMA SAUNDERS . On the 18th of Dec. the prisoner came and knocked at my shutters, about half-past seven o'clock in the morning—she asked me to let her in, for Mr. Butler had been ill-using her, and would I allow her to bring a few things in—I did so, and she brought the things that are here—she remained with me till she was taken into custody—I live about half a mile from the prosecutor's.
Prisoner's Defence. The first time the prosecutor was introduced to me, was in 1845; after the second interview he expressed an ardent desire for me to be his wife; I accepted the offer, thinking his intentions were honourable; about six weeks after, against my will, I became a prey to his villainous designs; feeling degraded, and allured by his promises of making me his wife, I consented to live with him; he put our marriage off till Dec., 1846, having left him three different times on account of his ill-usage, he having kicked me violently; I went to a female friend, and endeavoured to gain a living by shoe-binding; he then promised to treat me more kindly, and I returned; the next time I left him, was to go into the hospital; when I came out, he refused me the shelter of a home; I was away from him about six weeks, when he persuaded me to return to him again; I remained with him till the time before mentioned, when he beat me in a violent manner, and locked me out on the stairs all night; I saw no more of him till he came and gave me into custody; I am totally friendless, and without a home.
NOT GUILTY .
585. MICHAEL AUGUSTUS GATHERCOLE and EDWARD GATHERCOLE were indicted for obtaining by false pretences, 1 promissory, note for the payment of 100l.; 1 promissory-note for the payment of 50l.; 3 promissory-notes for the payment of 10l.; and 6 promisory-notes for the payment of 5l. each, with intent to defraud Hermann Geiger.
MR. CLARKSON, on behalf of the prosecution, offered no evidence.
NOT GUILTY .
586. JAMES HARBER, THOMAS HARBER , and HENRY JONES , were indicted for stealing, at St. George's, Bloomsbury, 2 watches, value 5l.; 1 neck-chain, 1l.; 4 ring, 1l.; 1 basket, 10d.; and 1 gold medal, 5s.; the good of Pierre Louis Prosper Levasseur: and 1 watch, value 2l., the goods of Louis Antonie Levasseur, in his dwelling-house; and MARY GODDARD for feloniously receiving three watches, 1 neck-chain, and 1 ring, part of the said goods, well knowing them to have been stolen, &c.
MR. PRENDERGAST conducted the Prosecution,
SEBASTIAN ALFRED LEVASSEUR. My father's name is Louis Antoine Levasseur—he keeps a house No. 14, Russell-place, Little Coram-street. On Sunday, the 10th of Jan., we went out—four of us—we left the house empty, and locked—we went out about half-past five o'clock—we returned about half-past twelve—when we returned my grandfather went into his room, which is the first floor front room—when he got in he gave an alarm—I went up, and found that the articles named in the indictment were stolen—I missed two watches, a gold chain, four rings, two gold coins, a purse, some francs, and half-francs, a pair of shoes, a necklace, and a small straw box—they had been in the cupboard, which was not locked—the shoes had been in the room—from appearances on the floor, some persons had been in that room—all the clothes were pulled out of the cupboard and put on the top of the cupboard—there were foot-marks on the bed—one watch belonged to my father Louis Antoine Levasseur—the other things to my grandfather Pierre Louis Prosper Levasseur—the house belongs to my father, Louis Antoine Levasseur.
FRANCIS MORRIS (police-sergeant E 8.) I received information of this robbery—I took all the prisoners—I first took James Harber—I told him I took him for being concerned in a robbery at No. 14, Russell-place, Little Coram-street, in the parish of St. George, Bloomsbury—I know the parish, and I told him—he said he was not inside, he said he waited outside, and Armee went in—that is a nick-name for Henry Jones—he said, "Armee got in, and then my brother came out of the passage and gave me these," which I found on him on searching him, a small gold medal and two silver ones—he said, "I did not see anything more that they had, except a bead purse in my brother's hand"—that was all he said at that time—I next apprehended Thomas Harber in Westminster—I told him what I took him for, and mentioned the articles to him—he said he knew nothing about it, he did not seal anything—he was dressing himself, and putting on his shoes—they were a new pair—I said I thought they were the pair that was stolen—he said, "No, they are not, you will find them on Armee's feet, I think"—Thomas Harber was taken to the police-court, and when he was in the passage of the Court, I said to him, "I thought I should have had Armee before this time?"—he said, "Oh, he is easy enough to be caught!"—I said, "I have not been able to meet with him yet"—he said, "Oh, he is easy enough to be taken, and the things found too; theywere put away by Armee's sister, and pawned in the neighbourhood of the New-cut—I saw the duplicates in her hand, one for 5s., and one for 1l. or 1s. "—Armee's sister is the prisoner Goddard—I apprehended her at her own
residence in Belle Isle, Maiden-lane—I told her she was suspected of being concerned in the robbery in Russell-place, and I partly mentioned the articles—a gold watch, and chain, and rings—she said she knew nothing about the robbery, no watch had had been brought to her by her brother, or any one else; she had seen no property that had been stolen, and she invited me to search her room—I told her she would be searched at the station, and if she had any property about her that she thought proper to give up to me, she could do so—she said she had no property except a duplicate, and she gave me two duplicates—she said, "They were given to me by my brother thise afternoon"—one of them relates to the boots that were stolen—I took her to the station—I afterwards received from the searcher this silver watch—I afterwards saw the prisoner Jones at the station—I told him I was the constable who had the other prisoners in charge for being concerned in the robbery, (mentioning the place, and the articles stolen)—he said, "I am guilty, it is a bad job"—I said, "Yes, and it is a bad job the man should lose his things"—he said, "Oh. They will be found, they were put away by my sister; they were pawned by my sister"—I said, "Which sister?"—he pointed to the cell where Goddard was, and said, "The one that is here"—(I believe Goddard is married)—he said, "One watch was pawned in Westminster-bridge-road, another in the New-cut, and the ring and chain in the Strand; the necklace I pawned myself, in Barbican, for 2s. "—I have found all but the necklace—I found this gold watch in the Westminster on Jones—I product two half-franc pieces, which I got from a publicn, named Lee, in Little Coram-street.
Cross-examined by MR. PAYNE. Q. When was it you went to Goddard and took her? A. On Saturday night, the 16th, a week after the robbery—I found her at home, and her husband was there—she desired me to search her room, and I found nothing—I then told her she might, if she liked, giv e up anything she had, because she invited me to search her.
Cross-examined by MR. PAYNE. Q. What did Goddard say? A. She begged of me not to let it be know, for the sake of the poor boy.
HENRY MARTIN FAYRBROTHER . I am a pawnbroker. I produce a pair of shoes, pawned on the 13th of Jan., in the name of John Williams—I believe Thomas Harber pawned them—this is the duplicate of them, which Goddard gave to Sergeant Morris.
Cross-examined by MR. PAYNE. Q. You only believe so? A. Yes, it is in the name of Ann Green.
FRANCIS JAMES HARRISON . I am in the service of a pawnbroker in the Strand. I produce a gold chain and a ring, pawned on the 11th of Jan., in the name of Ann Benfield—I have reason to believe it was by Goddard—I cannot swear it.
CHARLES TAYLOR I keep a shop, and sell sweet things, in Russell-place, Coram-street. On Sunday evening, the 10th of Jan., Thomas Harber and Jones came to my shop—they laid out about 3d. or 4d.—I saw James Harber and outside the shop—Thomas Harber and Jones staid in the shop about half an hour—they said had spent all the money they must be going—they went
out about half-past six o'clock, and about a quarter-past seven James Harber came in to buy some jumbles—he threw down a half-franc—I told him I could not take it—he went out and spoke to the others, and they said they would go to Mr. Morens's and sell them—I saw James Harber about an hour afterwards—he said he had sold two of them to Mr. Morens for 9d.
(Goddard received a good character.)
JAMES HARBER— GUILTY . Aged 13.— Confined Two Months.
THOMAS HARBER— GUILTY . Aged 17.— Confined One Year
JONES(†)— GUILTY . Aged 17.— Transported for Seven Years.
GODDARD— GUILTY . Aged 23.— Confined One Year.
MESSRS. BALLANTINE and CARTEEN conducted the prosecution.
ANDREW SMITH . I am an engineer—I live Wellington-place, Commercial-road. I know the defendant—I became acquainted with him in the latter part of Sept., 1844, at a coffee-room in Coventry-street, which I have used for many years—he came in there casually, and an acquaintance commenced between us—he told me his name was Carnegie; that he was a captain in the Royal Engineers—he said he was a first cousin to the Hon. Captain Carnegie of the Royal Navy, and he was first cousin of the Hon. Fox Maule—he said he had property in India—on the 30th of Nov., 1844, he dined with me at the London Tavern, Bishopsgate-street, at a dinner for the Scottish Hospital, on the anniversary of St. Andrew—I was a steward there—he asked me for a ticket, and I gave him one—he accompanied me there—he asked me if I could oblige him with a ticket for the Countess of Beaumont to go into the gallery—I procured one, but the Countess did not come—he said the Countess of Beaumont was his wife—at the dinner he borrowed three sovereigns of me, which he said was to give to the charity—I do not know what he did with them—I was induced to lend him the three sovereigns by his representing that at that dinner he expected to see some of his relations, and on the faith that he was connected with the honourable person that he stated—he said he knew Sir Henry Pottinger—on the 7th of Jan., 1845, he called on me, and I accompanied him to Lime-strrt—I meet the Countess there—he on that day mentioned to the gentleman I was with, that he was cousin to those honourable person—we left the office there, and on our way from there he said he had forgotten his purse, that he and the Countess were going shopping, and he borrowed five sovereigns of me, which I lent him on the faith that he was connected in the way he represented—I have never had the five sovereigns again, nor the three sovereigns—he was taken into custody ten days or a fortnight ago.
Cross-examined by MR. CLARKSON. Q. Are you an engineer on the railway? A. I have been so a little—I have been connected with any rail-road except as an engineer—I am not a shareholder—I believe I once had ten shares in the Blackwall—my first introduction to the defendant was the conversation on the subject of railways generally, and the prisoner stated he was connected with the atmospheric railway—we became acquainted, dined, and drank tea together, and went out together on two or three occasions.
Carnegie—the defendant is no relation of mine that I know of—he is certainly not my cousin.
WILLIAM CUMMINGS (police-sergent D 3.) I took the person into custody who goes by the name of the countess Beaumont—I found some letters at her lodgings—she claimed them as directed to her—some of them are directed to "Madam Dolores," and some to "Mr. Dolores."
588. JAMES EDWARD CARNEGIE was again indicted for obtaining, by false pretences, 6 dozen of champagne, value 18l.; and 30 sovereigns; the property of Henry Hosch, with intent to cheat and defraud him of the same.
MESSRS. BALLANTINE and CARTEEN conducted the Prosecution.
ANDREW SMITH . I remember the month of Oct., 1844—that was after I had been the prisoner—one day in that month, I was I my counting-house, writing a letter to Mr. Hosch, a wine-merchant—the prisoner came in at that time—he was looking at me at the time I wrote the letter—I think he observed it—I did not give him any recommendation to Mr. Hosch—I afterwards saw Mr. Hosch, and had some conversation with him.
HENRY HOSCH . I am a wine-merchant—I was living in Bridge-yard. In Oct., 1844, the prisoner came and knocked at my door—he came in—he represented himself as Captain Carnegie, and said Mr. Smith had given him my name—he said his lady was outside—I told him to introduce the lady, and she came into the office—he introduced her to me as the countess of Beaumont—we drank a bottle or two of wine—he gave me an order in a week or ten days, and I sent him in wine to the amount of 37l. 13s.—I believed Mr. Smith sent him to me—I did not make any inquiry of Mr. Smith—the wine was to be directed to the Countess of Beaumont—I believed him to be Captain Carnegie, and his wife to be the Countess of Beaumont, and that he come from Mr. Smith—I should not have parted with my wine unless I had believed what he stated to me—I afterwards had a communication with Mr. Smith—the prisoner called on me that, I cannot tell how many times, but he called often—I let him have 30l. in money—he never mentioned to me who he was related to—Mr. Smith mentioned that to me—he represented himself to me as Captain Carnegie.
Cross-examined by MR. CLARKSON. Q. I suppose persons always give you a name when they come to purchase goods? A. Yes, they must have some name—sometimes they do not pay me—the prisoner said Mr. Smith gave him my name—we talked about an atmospheric railway—I do not know that the Magistrate dismissed this case—when the prisoner got the my money he asked me if I could oblige him with 30l.—that was not the first time he called on me—when be ordered the wine he told me to direct some wine to his lady the Countess, and he wrote his name in my pocket-book, which I have here—he told me his name was Captain Carnegie.
COURT. Q. If you had not believed his lady was Countess Beaumont, and
that he was Captain Carnegie, and that he had been recommended by Mr. Smith, should you have let him had it? A. No.
GUILTY . Aged 48— Transported for Seven Years.
MR. BALLANTINE offered no evidence.
NOT GUILTY .
590. AUSTIN MONTROE was indicted for feloniously breaking and entering the dwelling-house of Joseph Berdoe, about two o'clock in the night of the 23rd of Nov., and stealing 6 coats, value 15l. 15s.; 1 cloak, 2l.; 12 pairs of trowsers, 11l.; 3 waistcoats, 30s.; 417 yards of wollen cloth, 218l.; 45 yards of satin, 10l.; and 46 yards of waistcoating, 23l.; his property.
MR. DOANE conducted the Prosecution.
JOSEPH BERDOE . I am a tailor, and live at No. 70, Goswell-road, Clerkenwell. On the night of the 23rd of Nov. I went to bed last—my premises were safe—I bolted my shop door myself, and locked it—I took the key up stairs—about twenty minutes before four o'clock in the morning I was alarmed by the police—I found the back communication to my house open and the front door open—my house had been entered at the back—the persons had taken out a square of glass which had been recently put in, and by much exertion they could draw two bolts—one of them they could reach easily, the other they must have had some difficulty about, but they had drawn both bolts, and by that means could get into the shop—the articles mentioned in the indictment were gone—they were all safe the night before—the value of the whole was about 280l.—all the stock of the shop was taken—amongst the articles taken there was a cloak which had been on a table mixed with some coats and other things which were also taken—this is the cloak—I had worn it four or five years—I have not the slightest doubt that it is mine—I have worn it for traveling and other things—when I lost it it was lined all through with a silk called laventine—the same silk is in the cape now, and the other part is lined with Alpaca, but it is the same cloak.
ISAAC GLEED . I am assistant to Messrs. Hatton and Walker, in Londonterrace, Hackney-road—they are pawnbrokers—I produce this cloak, which was pawned by a young man, not the prisoner, on the 8th of Jan., in the name of John Montroe—I have seen the prisoner before—he has redeemed things in the name of Montroe.
Cross-examined by MR. CLARKSON. Q. Had this article ever been in your shop before? A. I cannot say—a gentleman's cloth cloak had been pawned in that name on the 15th of Aug—I am not able to say whether this is the same cloak.
JAMES BRANNAN (police-sergeant G 20.) On the 10th of Jan. I took the prisoner at his lodging in Martha-street, Haggerstone—I found him in bed—I said I came to take him into charge for committing a burglary in the house of Mr. Huffan, a tailor, on the 9th of Jan—I found these duplicate there—the prisoner took me into the next room, and I there found these lock saws—one of them is in a handle very ingeniously constructed—I found a gimlet there—I went to Mr. Berdoe's, and found some gimlet-holes on his door—I tried this gimlet to them, and they fitted exactly—this is an ordinary gimlet.
Cross-examined. Q. Do you know what a lathe is? A. Yes—I do not know that I ever saw the handle of a saw made like this—this has a hole at the other end, which gives it a purchase, to strengthen the blade.
Witnesses for the Defence.
JOHN HATTON . I am the master of Isaac Gleed. I produce two other duplicates, one for a cloak pawned on the 15th of Aug., in the name of Ann Montroe, and redeemed 17th of Sept.—it was pawned again on the 3rd of Oct., and redeemed on the 11th of Nov.—I took it in on both those occasions—this cloak is very similar to the cloak that was pawned—to the best of my belief it is the same—it was a blue cloth cloak—it had a cape and velvet collar—it had tassels like this.
COURT. Q. What is the value of it? A. About 2l. to a wearer—it would not fetch more than 1l.
JACOB MOSES . I live in Temple-street, Hanckney-road—I am a general dealer—I sold the prisoner a cloak eighteen or twenty months ago—I believe, to the best of my recollection, it was this cloak—you will find some moth holes in it—this is the cloak I sold him—I am sure.
MR. DOANE. Q. Would not many cloaks, being old, have moth boles in them? A. Yes—I swear this is the cloak I sold the prisoner—I have known him two years or two years and a half—I deal in government stores and all sorts of clothes—I don't know what the prisoner is—I have sold him three or four suits—on one occasion I sold him four pair of trowsers—I was subpœned; on Tuesday last—I know this cloak—if I see ten thousand I know them—I have been one of the greatest government store-dealers for years—I have bought as many as six thousand—I bought this cloak in a public market in Cutler-street.
LEWIS LEE . I am a renovator—I clean up old clothes to look like new—I repaired this cloak for Mr. Moses eighteen or twenty months ago—he brought it me to clean and colour and press, which is my trade—I remember cleaning and pressing this cloak.
MR. DOANE. Q. You say you coloured it? A. Yes—it was a blue coat—I was compelled to brush and beat it, and then to colour it with a dye that we use—I have worked for Mr. Moses upwards of twenty years, and it is very seldom I have a cloak to do—I have coloured a great many cloaks—I know this by the cape having silk—the other part has not got silk—I swear this is the clock I coloured to make it look equal to new cloth—no one can tell the difference.
COURT. Q. Did you pick it to pieces to colour it, or dip it just as it is now? A. Just as it is now.
JOSEPH BERDOE re-examined. Q. Look at this cloak, did you cut it out? A. Yes, I did my self—I swear it is my cut—it was made by a man named Moor—I know it by the tassel—it is worn, and a small piece is out—I know it by a small piece of velvet at this corner, and by this lining, which is seldom met with, and by its being worn at the edges—I swear, to the best of my belief, it never has been coloured—the lining is back and the cloak is blue—I am sure it is not dyed—if the Jury open the seam they will see it is all alike.
JURY to LEWIS LEE. Q. Did you pick it to pieces? A. No—we lay it on the shop-board, and take the colouring dye on a brush and it till it is dry—a tailor dont't know the nature of this dye.
in March—he had a cloak with him—Icould not swear this is the cloak, but it was very much like this—I had it in my possession—I did not take particular notice of it—this is as near like it as possible.
Prisoner. I have property in my house worth at least 80l. or 90l., in cases of stuffed birds, and other things; Mr. Berdoe states that this is not the same lining that was in it, that was silk, and this is alpaca; consequently this lining could not have been put in more than seven or eight weeks at the furthest, and Iam sure you will see that it does not bear so recent a date; it has been in it ten or twelve months.
NOT GUILTY .
591. AUSTIN MONTROE was again indicted for stealing at St. Luke, 1 1/2 yard of doeskin, value 8l., 1 yard of velvet, 12s.; and 1 yard of silk, 10s.; the goods of Timothy Huffam, in his dwelling-house; and that he had been before convicted of felony.
MR. DOANE conducted the Prosecution.
CHARLES HILL . I am shopman to Mr. Timothy Huffam, a tailor and woollen-draper in the City-road. In Oct., 1845, I remember seeing the prisoner, and another person with him, dressed in black—the prisoner asked for a pair of straps—I said we had not any at present—he went away, and two days afterwards he called again with his companion—I knew him again positively—he inquired about the straps—I said we were very sorry we had not got them yet—he came again on 20th Oct., with the same man, dressed in black—the prisoner said, "Have you got the straps in?"—I said, "Yes, but the shopman is away, I don't know what to charge you"—he said, "I wanted two or three pairs"—I said, "I will let you have one pair"—I charged him 6d.—he left his companion against the door, and walked to the bottom of the shop—he jumped on the counter with his face towards the door, and said, "I will trouble you to fasten these straps"—I went to do it, but I found very great difficulty in fastening them, the buttons being sewn on so tightly—I got one on, and then he jumped down, and said, "I can't wait"—I said, "You had better let me finish"—he said, "No, I am in a hurry"—he went out, and I found his companion was gone—I then looked, and saw the blind was torn from the top of the window, and I missed from the window a piece of doeskin, a piece of velveteen, and some cloth, worth altogether about 10l.—the window comes close to the door—that was where the prisoner's companion stood—I went to the door, but they were out of sight—on the 7th of Dec., 1846, I saw the prisoner with two other men, peeping in at the window as I was standing at the other counter—I recognized the prisoner again the moment I saw him, and when his eyes met mine he went he went away immediately—I went to the door with Fossett to see if I could see him again on a Sunday morning in Jan., at the police-station—I pointed him out of six other men.
Cross-examined by MR. CLARKSON. Q. When was this robbery? A. On the 20th Oct., 1845—I had never seen the prisoner before, except on the two previous occasions, when he came for the straps—there was a brother of the prisoner taken, but, I believe, not for this robbery—I believe it was on suspicion of the burglary—the man paid me for the straps—the doeskin, and other property, has not been found—I saw the prisoner's brother in custody—I am not aware that he was taken before the Magistrate—I can't tell how the prisoner was dressed at the time of the robbery—he had a frock coat on—I cannot tell whether he had boots or shoes on—I saw the doeskin and velvet safe at eight o'clock in the morning, and no one came in but the prisoner and his companion—they came from eight till a quarter-past eight.
MR. DOANE. Q. On the night of the 9th of Jan. were your master's premises broken open? A. Yes.
JAMES BRANNAN (police-sergeant G 20.) I took the prisoner on the 10th Jan. at Haggerstone—I told him it was for being concerned in committing a burglary at Mr. Huffam's, a tailor, in the City-road, on 9th Dec.—he said, "Oh"—on the way to the station, I told him he was suspected of committing the other robbery—he again said, "Oh"—I took him to the station, and called out five or six other prisoners—I sent for Hill, he immediately identified the prisoner.
WILLIAM HUNTER . I live at Charlton-street, Somers-town—I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 11th May, 1840, and transported for seven years)—I was present at the trial—the prisoner is the man.
GUILTY . Aged 33.— Transported for Fifteen Years.
592. SAMUEL PROCTER was indicted for feloniously breaking and entering the dwelling-house of Matilda Yule, about one in the night of 11th Jan., at Paddington, and stealing therein, 4 yards lace, value 8s.; 1 pair glove bands, 4s.; 1 writing-desk, 1l. 10s.; 3 sovereigns; 4 shillings; 1 sixpence; 1 groat; and 1 5l. bank-note; the property of James Wakely.
Mr. Law conducted the Prosecution.
MATILDA YULE . I am a widow, and keep the house No. 4, Queen's-terrace, Bayswater—it is my dwelling-house, and is in the parish of St. Pancras—on Monday night, 11th Jan., I went to bed between ten and half-past ten o'clock—I gave orders to my servant to lock the house up—I did not see that it was locked.
JOHANNAH BUCKLEY . I am servant to Mr. Yule—on Monday night, 11th Jan., my mistress gave me orders, and I locked up the house—I locked the door leading from the kitchen to the area—every door or window leading from the house to the open air was fastened about 10 o'clock—on the next morning I went down about seven o'clock, and saw the area door a little open, the window open, and the ladder was taken from the cellar, and put against the area.
Cross-examined by MR. PARNELL. Q. Were any of the bolts broken? A. No—I did not miss anything—this desk was in the drawing-room on the first floor—there are two doors to that room—they were not locked at night—the door leading from the kitchen to the area was bolted at night, and it was open in the morning—the area window was raised up, and a ladder placed against the rails—the door could not have been opened by any one outside.
COURT. Q. Where was the ladder the night before? A. In the cellar, and in the morning it was out, and standing against the rails—that would enable a person to get to a window—the windows were all fastened—they could not open them—there was a window to the back-kitchen which was not fast—anybody could have got in by that.
SUSAN WAKELY . I am the wife of James Wakely—he lives at Newcastleon-Tyne—on 11th Jan., I was lodging at Mr. Yule's—this desk is mine, and the property in it—I saw it at seven o'clock in the evening on 11th Jan., and it was gone the next morning.
Cross-examined. Q. What time did you go to bed? A. At a quarter before one o'clock—I think it is probable the person who took this was concealed in the house.
COURT. Q. What ground have you for thinking so? A. In an hour afterwards the policeman met the prisoner—the back-kitchen window was not fastened, a person might have lifted it.
JOSEPH WALKER (police-serjeant D 5.) On the morning of Tuesday, 12th Jan., I was in the Harrow-road about a quarter before two o'clock, and met the prisoner—he had this desk with him—I asked him where he brought it from—he said, from Notting-hill—I asked where he lived—he said, in Oxford-street—I took him to the station—I made inquiry, and took the desk to Mr. Wakely—she had not missed it, but she knew it—it contained a 5l. note, 3 sovereigns, and the other property stated.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Prosecutrix — Confined One Year
OLD COURT.—Monday, February 8th, 1847.
First Jury, before Mr. Common Serjeant.
MR. DOANE conducted the Prosecution.
MARTHA ANN PARKER . I am a widow, and live in Upper Cornwall-street, St. George's—the prisoner keeps a pork butcher's shop in Charles-street—on Saturday night, 18th Jan., I went to his shop to fetch a saveloy, which came to 1d.—the prisoner served me—I put down a 6d.—I thought it was a good one—the prisoner took it up, bit it, examined it, and said, "This is not a good one"—I said, "Give it me again, I will change it where I have taken it"—he said, "You shall not have it"—those words were repeated several times—we got into conversation together—I insisted on having it—he refused to return it, and walked backwards and forwards at the counter—the sixpence was then in his hand—he came back again towards the counter opposite to where I stood, and put it down on the middle of the counter—I thought he put it for me to take it up—I instantly tried to take it up, and touched it with the first finger of my right hand, and he chopped off the end of my finger—the sixpence went over the counter, and the end of my finger after it—my thumb was wounded as well—I said, "You wicked wretch, will you give me my sixpence now?"—he said, "No, and if you do not go away I shall make you fare worse than you are," and he went towards the door—a gentleman came and took me to the doctor—I went to the station—Dr. Ross came and dressed my would—I was afterwards taken to the hospital, and a piece of my finger was obliged to be cut off.
Cross-examined by MR. BALLANTINE. Q. Had he refused several times to give you the sixpence? A. Yes—he did not say I should not pass it anywhere else.
Q. Did not he put it on the counter to chop it in half? A. I do not know what he did it for—I never saw the chopper—I did not make a dash at the sixpence, I went to take it deliberately—I did not know he had the chopper in his hand—there was only blow, which cut the sixpence in half, and my finger also.
COURT. Q. I believe you have said, you do not know whether he chopped at the sixpence or your finger? A. I never said so.
Q. Are you now able to swear whether he chopped at the sixpence, or at your hand? A. He made but one chop, which cut the sixpence in half, and my finger at the same time.
JOHN WORDSWORTH ROBINSON . I am a portrait and landscape painter—I went into the shop, and heard Mr. Parker say, "You villain, where is my sixpence, you have cut my finger off"—the prisoner came round the counter laughing at her, and said "D----n you, get out, or I will serve you worse."
COURT. Q. Had he seen that her finger was cut off? A. I cannot say, but her hand was bleeding—I called her to the door, looked at her, and said, "My God, you have cut the woman's finger right off," holding the hand up to him—he said, "D----n her, it serves her right"—I took her to the doctor and then to the station—she would have bled to death if it had not been stopped.
Cross-examined. Q. Did you never make an arrangement to compromise this matter? A. None whatever.
WILLIAM MOODY (policeman.) I took the prisoner in charge about one o'clock—he said it was an unfortunate job, that he had placed the 6d. on the counter to chop it, but she put her hand out, and he chopped that as well—I got a light and found the joint of her finger behind the counter—I have the sixpence—it has been chopped.
Cross-examined. Q. Is it a very bad one? A. Yes.
NOT GUILTY .
594. JAMES SHANLEY , GEORGE SMITH, alias Houghton , and JAMES MANNING , were indicted for breaking and entering the counting-house of George Haynes, at St. Pancras, and stealing 600 pence and 600 halfpence, his monies; and that Shanley and Smith had been before convicted of felony.
MR. PRENDERGAST conducted the prosecution.
GEORGE HAYNES . I am a cotton manufacturer, and live in the Hampstead-road. The prisoner Manning has worked for me up to Christmas-day, when this offence was committed—on that day I had a quantity of pence and halfpence in paper parcels in a cupboard to pay my men with—I got some of them from Mr. Churcher, a cheesemonger—my premises were all safe on the night of the 24th Dec.—I was not there on Christmas-day—on the 26th I found the premises broken open, and between 30l. and 40l. in copper money gone—it had been placed in a cupboard, the key of which was kept in one of the desks, which had been broken open, and the cupboard opened with a key—the premises had been entered from behind, in Brook-street—you must pass through several rooms in several directions to get to the counting-house—the robbery must have been committed by somebody who intimately knew the premises—there was one door which had been locked and unlocked again—I produce a stick which one of my men brought me on the morning of the robbery—it had not been on the premises before to my knowledge—there is a piece of cotton to it as a string of the stick—that cotton is exclusively used for a particular machine which the prisoner Manning was in the habit of working—it is not cotton that has been bought—it is a peculiar kind of cotton, twisted in a peculiar way—I have seen some parcels of copper money which resembled the sort of parcels of copper which I had.
Cross-examined by MR. BRIERLEY. Q. What is there peculiar in the manufacture of this cotton, is there nobody else twists cotton into cords like this? A. Not that I am aware of, I will not swear it—I say it cannot be bought, as far as I can judge—I will not swear it is not made anywhere else—two persons work in the same room as Manning.
JOHN REEVE (policeman.) At half-past twelve o'clock on the night of Christmas-day I was in Golden-lane, St. Lake's—I saw a cab drive up to the coffee-shop kept by Manning's brother—the three prisoners got out of the cab and went into the coffee-shop—Shanley and Manning had two bags similar to these which are produced—they appeared to be heavy—about one o'clock I saw Shanley again and went towards him—about four o'clock in the morning I saw him go into a coffee-shop in Whitecross-street—I went in, called him out, and said, "What have you got in your pockets?"—he said, "I do not know"—I said, "Let me see"—I put my hand in his right hand pocket and took out one 5s. paper packet of coppers, which I produce—I took him to the station, searched him, and found on him nine 5s. paper packets of copper and some loose, which came to 8s. 9 3/4 d.—I asked him where he got it—he said he✗ had saved it up—I asked him how he came to have so much about him—he said he had moved his lodgings, and had taken it in his pocket—I said it was very curious he should have it about him—on the 28th I took Manning into custody—I went into his brother's coffee-shop and said, "I want you to go to the station for being concerned with Shanley in the robbery at Mr. Haines's"—these are the papers of money I found on Shanley.
Shanley. Q. What time did I come out of the cab? A. About half-past twelve o's clock—I was about twenty yards from the cab—I did not follow you in—I went in at half-past three—I did not see you then—you went out and came in again—I did not speak to you when you came out of the cab, as I did not suspect anything wrong at the time, as Manning's brother kept the coffee-shop.
Smith. Q. Did you see anything in my hand when I got out of the cab? A. Shanley and Manning had the bags—you followed them in, three or four minutes afterwards—I am certain I saw you get out of the same cab—I went into the parlour of the coffee-shop some time after—I could not take you because I did not suspect anything wrong at the time—I could not find you for a week afterwards—I was not in Cook's public-house drinking with a policeman at the same time that you were.
MR. PRENDERGAST. Q. You had some coffee in the coffee-shop? A. Yes, but I did not speak to the prisoners—I did not take coffee with them—I had it in a little room, not the room they were in at all.
GEORGE HAYNES re-examined. I did not open any of the packets of copper which were taken from my warehouse or see the inside of them—one of the prisoners' brothers worked for me—I paid him at my own house—I never paid the prisoner's brother for him; I have paid him for his brother.
COURT. Q. Did you ever pay either of them 5s. in paper wrapped up as these are? A.
WILLIAM HAYDEN . I am a butcher. On this morning I was in the coffee-shop kept by Manning's brother—I saw the prisoners come in—two of them had a bag each, something similar to this produced—they seemed very heavy—they carried the bags up stairs directly they came in—Smith came in afterwards—the other two carried the bags—after some time Shanley came down stairs with something tied up in a blue handkerchief—Smith took it from him and put what was in his handkerchief into his hat—it overbalanced his hat—the hat fell off, and I saw it was something similar to the packets of copper produced—they fell out—he took them up, and carried some in his coat and
some in the tail of his coat, holding the tail up—he went out with them—I am certain of the prisoners.
Cross-examined. Q. Have you ever been in trouble? A. I never had a day's imprisonment in my life, and was never convicted—I know a man named Twister—I was taken to Worship-street on a charge from him, on suspicion—there was a cart at the corner of Playhouse-yard, where I lived—I was taking the cart home—at Golden-lane a lot of women came and began pinching me—I knew the cart did not belong to m—I was taking it to the people it belonged to—a butcher's boy, who used to live at Russell's, in Whitecross-street, had sent me to fetch it—there was no harness with it—I said whatever was the name on it, I should take it to whatever the direction was—I was going towards towards the owner's with it—I was charged with taking it, intending to steal it—I was remanded once—Mr. Twister hand his cart, and I was let go—I was not sent for trial—never in my life—I went into this coffee-house to have a cup of coffee, as I was out rather late—I stopped at my mother's till about ten o'clock, I think, and then took a stroll, and walked till one—I had been doing nothing during that time—I had to get up next morning to be at Newgate-market by three o'clock, and thought it was not worth while to go to bed—I am not living with the same master now—I have had another place since that—I left because my master let his shop—that was the only reason—he did not discharge me for having more mutton chops, than I ought to have—I work for him now when he has anything I can do for him—he did not charge me with taking mutton chops.
Shanley. Q. How long did I stop up stairs? A. Three or four minutes—I saw you give Smith packages similar to those produced—I cannot say how many, or how many fell from his hat—he put the hat on his head—his hat was full.
COURT. Q. Do you think there were as many as 10l. worth? A. I cannot say—when he was going out with them he flung a black handkerchief across to blind somebody's eyes, that they should not see.
Smith. Q. You say my hat was full of coppers? A. I do not know whether is was full of the packages; it was quite full—you put it on your head—it balanced off.
CORNELIUS CHURCHER . I am a cheesemonger, and have supplied Mr. Haynes with copper money. On the 14th Dec. I supplied him with 7l. 15s. in copper, in 5s. packages—three of these packages produced have been tied up by me—I make a peculiar knot, which seamen call a reef-knot; then take three turns, and that jams and hauls if off, and makes a knot, and here is the knot—I have no doubt that I tied up these packages, and, before they are opened, you will find nothing but penny pieces, and the crooked ones are all at the end; and in the next place I do not cut the paper with a knife, but with this blunt instrument, called a pounding-needle, which leaves a rough edge, and there is a rough edge on these papers—I produce a 5s. package which I tied up this morning, to show the method I have of doing it.
cross-examined. Q. Where do you live? A. Middlesex-street, Aldgate—I have been in the navey—every seaman is instructed to tie a reef-knot, but I never saw a seaman take three turns first in tying a knot—that is peculiar to my tying—I never saw anybody take such a turn as myself—grocers tie quite different knots—I saw anybody tie one like myself—I take a good deal of copper—I deal with Mr. Haynes—he told me he could dispose of the copper, and I take him a good deal—I always have plenty of copper and silver.
Shanley. Q. Do you supply anybody else with copper besides Haynes? A. Yes, and I pay some away.
MR. PRENDERGAST. Q. Have you supplied anybody else in that part of the town with copper? A. No—the last person I supplied was a soapmaker in the Whitechapel-road, about five weeks before this—neither of the prisoners are soap-makers—I tie up all the coppers myself.
MR. HAYNES re-examined. Q. Is it not common, when silver is scarce, to pack up 5s. papers of copper? A. I cannot say.
----YORK. I found the stick produced, on the premises as I came out of the door at half-past seven o'clock on boxing morning—I had never seen it before—it was four yards from the door which was broken open.
Shanley's Defence. If he had seen us come out of the cab he would have certainly come and taken us; we were in the coffee-shop an hour, and if he had any doubt about us he would have asked what I had; the money found on me I received from a shop where I used to work for five or six months; the prosecutor had upwards of 40l. in copper; it is not likely such lads as us could carry so much.
Smith's Defence. I deny coming out of a cab; I was in the coffee-shop at the time the money was taken.
SIMEON SIMMONS . I produce a certificate of the prisoner Shanley's former conviction—(read—Convicted 22nd Jan., 1841, and transported for seven years)—he is the man; he was a boy at time, but I know his features—I prosecuted him for my father.
Prisoner Shanley. It is false; it was my brother that was sentenced to be transported; he was taken to the House of Correction for six months instead of being transported, but he came out and got into trouble, and there eight months afterwards, and then came out again, and was sent to sea by the Marine Society.
The Prisoner Shanley called
ANN SHANLEY . I am the prisoner's mother. I have only one son at present, that is the prisoner; I had two, but one is gone out of the country six years ago—he committed a robbery on a man in Pitfield-street—he was tried, and got seven years, but got out at six months—he had three months after that, and then went to the Marine Society—I have not seen him since.
Cross-examined by MR. PRENDERGAST. Q. What was his Christian name? A. James—the prisoner's name is John, I swear that, and his brother's name is James—he assumed his brother's name since his brother has been gone out—I have always called him James since, I swear what is right—he began to assume the name of James after his brother was gone away—I used always to call him so, because it was his father's name—I do not know what name his brother will take when he comes back—I have no account of him, and never expect to see him—it will be six years next May since he left—I will swear the prisoner was not christened by the name of James, but by the name of John
(The prisoner Manning received a good character.)
SHANLEY*— GUILTY . Aged 21
SMITH— GUILTY . Aged 19.
Transported for Ten Years.
MANNING— GUILTY. Aged 21.—Recommended to mercy by the Jury — Confined One year.
NEW COURT.—Monday, February 8th 1847.
595. JAMES GLYNN was indicted for feloniously assaulting Alfred Drinkwater, on the 6th of Jan., putting him in fear, and stealing from his person, and against his will, 1 sovereign and 1 half-sovereign; and immediately before, at the time of, and after the robbery, beating, striking, and using other personal violence to him.
ALFRED DRINKWATER . I live in Albion-place, St. John's-lane, Clerkenwell; I am a carpenter. On the morning of the 6th of Jan., about four o'clock, I went to a house in Field-lane to inquire for something which I had lost—I saw the prisoner there—I had never seen him before—we smoked together, and I gave him something to drink—I had some other dealings with him about a handkerchief—I afterwards went with him to another house in Holboun, and had some rum, which I paid for—I then went to another house, and I had a cup of tea, but he had not—I was going to stop there, but he was not—he called me to the door—I went to the door to him—he got hold of me by the collar, and another man came up and struck me—the prisoner then struck me down, put his hand into my left trowsers' pocket, and took out a sovereign and a half-sovereign—he cursed me, and said, if I did not give him the shilling that I had taken from him, he would break my d—d neck—(I had had no shilling of him)—he kicked me, and hit me in the face—he gave me two black eyes, and cut my face—I got from him as soon as I could, and ran down Holborn—I told the officer—I had done nothing to the prisoner—I thought he was a decent sort of a chap—I did not think he was what he is—I am quite certain that when I went into that house I had my sovereign and half-sovereign safe.
Prisoner. When he went he asked the landlady to lend him 2s.—Witness No, I never asked for anything—you did not keep me all night—I lost my watch and some other things the night before—I said I would give them anything if they would let me have the watch, because my mother sent it me—I had eight or nine s✗billings in my waistcoat pocket, and the key of my chest, and that was gone—we were not gambling for some rum—I ran away because you were beating me—there two beating me and one holding me.
DAVID HEWETT (City police-constable, No. 233.) I received information of this robbery about half-past two o'clock in the afternoon of the 6th of Jan.—I went down Field-lane with the prosecutor—he described the house and the party to me—I did not find the prisoner then—I took him about six o'clock in the evening—I found nothing on him but a latch-key—I saw the prosecutor's face was covered with blood—he had got one black eye, and his face was swollen a little—in taking the prisoner to the station he said he was an unlucky b----, that he only came out on Saturday.
* GUILTY of an Assault. — Confined Twelve Months.
MR. HORRY conducted the Prosecution.
HENRY JOHN SHAW . I belong to Newcastle—I was residing at No. 10, South-row, New-road. On the 26th of Dec. I went to the Rising Sun in the New-road—I took out my pocket-book and took four 10l. bank notes from it—I had one note changed for the settlement of an account—I put the other three notes into the pocket-book again, and put it into my left side pocket, outside
my shooting coat—I went out, and in two minutes afterwards I missed my pocket-book—it was worth 5s.—I had only bought it two hours before—these are two of the notes—(looking at two)—I know them by getting the numbers afterwards, and stopping them at the bank.
RICHARD PAVITT . I live in Chapel-place, Little Coram-street, and am a farrier—on 26th Dec. I was at the Rising Sun public-house, and saw the prosecutor there—the prisoner was standing behind him—he had a pipe in his hand, and he first looked on one side of his face, and then on the other—he kept fidgeting about, and I thought he was playing some lark with him—at last I saw him put his hand, and take the pocket-book out of the prosecutor's coat pocket, and walk out at the side door—I thought it was a lark—the prosecutor went out at the front door, and came back and made known the loss of his pocket-book, saying that it contained notes.
Cross-examined by MR. PAYNE. Q. How came you to be there? A. I went with the prisoner—he is no acquaintance of mine—he came into the shop where I was at work, with a horse that was lame, with another man who drives a cab for a man that we shoe for, and he asked my master to have something to drink—my master's name is Crisfield—he was at the public-house—I did not tell the prosecutor when he went out at the front door that he had lost his pocket-book—I thought it was a lark—if I had thought it any way serious I should have mentioned it—I never saw either him or the prisoner before.
Q. Did you ever tell anybody that your master saw the prisoner take it, and you were so unnerved that you could not say anything about it till your master gave you some brandy? A. I was all in a shake when Mr. shaw came in, and made known his loss—my master gave me some brandy—I never knew anything else but that it was a joke, till Mr. Shaw came back and made known his loss—I do not know that my master has been trying to make 20l. out of the prisoner—I did not tell the police anything about it—the policeman came and told me I was to go up—my master said he saw it as well as I did—my master was in front of the bar—I do not know how many persons were there—it was soon after two o'clock in the afternoon—my master had not told me that he tried to get money out of the prisoner, and then went and accused him to the police.
COURT. Q. What was the prisoner doing before you saw him do what you say? A. He went in smoking his pipe, with me and Mr. Crisfield and another man—he got behind the prosecutor—I saw him go out, and the prosecutor go out—the prosecutor could scarcely have got across the road—them I was taken all in a tremble, and I told Mr. Crisfield what I had seen.
GEORGE GURNEY . I keep the Masons' Arms, in Upper Portman-square. On the 26th Dec. I saw the prisoner me in—I had never seen him before—there was another man with him, whom I knew as a customer by sight—the customer gave me this 10l. note, No. 64588—I desired him to put his name on it—he passed it to the prisoner, and told him to put his name on it—the prisoner was about to put his name on it, and I took it from him and put it on myself—the prisoner gave me his name and address—John Wagstaff, No. 1, Brill-row, or Brill-place, Somers-town, but part of it has since been cut out by the bank—I counted the change on the counter—the prisoner stepped up, and was about to take it up—the other party said, "Stop, let me have it," or something to that effect—he took it up, and gave the prisoner some of it—I rather think two or three sovereigns.
Cross-examined. Q. About how long have you known the person you say is the customer? A. I believe I have known him as a customer about six or twelve months—it is impossible for me to say how often he has been
in my house—perhaps once or twice a week, perhaps oftener—he used to come in and go out again—he never stopped there to my knowledge—I did not swear before the Magistrate that the prisoner wrote on the note "J. Wagstaff"—he was about to write it.
Q. Did you not say, "I desired him (that is the other man) to put his name on it, and he handed it to the prisoner, who wrote upon it J. Wagstaff; I then asked him his address, and he gave me No. 1, Brill-place, which I wrote upon it?"—A. No, that is a mistake—I wrote it all as you will see—I did not tell the Magistrate I gave the customer the change—I said I counted it on the counter—I cannot exactly say in what business or rank of life that customer of mine is—I merely know him by sight—I did not take particular notice how he was dressed—he used to wear a jacket, as if he were a livery stable man, or something of that kind—he did not look like a farrier—I did not say before the Magistrate that, to the best of my memory and belief, the prisoner came with a man who was a customer—I said I had no doubt in my mind the prisoner was the man—I handed out the change myself—there were no other persons there to my knowledge.
CHARLES KEMP (police-constable 81 S.) I took the prisoner at No. 20, Brill-place, Somers-town—the prosecutor was with me at the time, he stated that the prisoner was charged with stealing a pocket-book containing three 10l. bank notes out of his pocket at the Rising Sun public-house in the New-road—the prisoner said he knew nothing about it—he did not recollect being at the public house—he said he had never seen the prosecutor before, and he knew nothing about the notes.
Cross-examined. Q. Did you take him at his own house? A. Yes, on Sunday the 27th of Dec.—the robbery took place on the Saturday—Mr. Shaw and Mr. Crisfield gave me information—Mr. Crisfield is a master farrier.
Witnesses for Defence.
HENRY RAGWELL . I live in Thomas-street, Church-street, Shoreditch—I was standing at the bar of the Rising Sun on the 26th of Dec. having something to drink—I heard the prosecutor say he had lost his pocket-book—I did not see it taken—I did not see the prisoner there—I was there half an hour—if the prisoner had been there I think I should have been him.
MR. HORRY. Q. Were there a number of persons in front of the bar? A. Yes, several persons—I went to a man of the name of smith for a Christmasbox—he was not at his shop—they told me he was at this public-house—I was in conversation with him there.
CHARLES COUSINS . I am a coach-builder, and live in Southampton-row—I was at the Rising Sun on the 26th of Dec., and saw the prosecutor there—I had been there five or ten minutes before I heard of any loss—I did not see the pocket-book taken—I do not remember seeing the prisoner there at all—I had seen the prisoner before—I do not conceive he could well have been there without my seeing him—I was busy in conversation with a friend.
farrier—I remember the Sunday after Christmas-day—my father was at home part of that day—I remember Crisfield coming there that evening about five o'clock—I heard something pass between him and my father in the street—the policeman came about ten o'clock.
MR. HORRY. Q. Did the prosecutor come with the policeman? A. Yes, and Mr. Crisfield too.
GUILTY . Aged 42.— Confined Twelve Months.
GUILTY .* Aged 42.— Confined Two Months.
Before Mr. Common Sergeant.
MR. BALLANTINE conducted the Prosecution.
BENJAMIN RICHARDSON . I am station-master at the Stratford station on the Eastern Counties Railway—there is an unoccupied house belonging to the Company there—I had the charge of it—I saw a copper safe there at half-past two o'clock on Wednesday, the 13th of the Jan., and missed it about the same time the next day—it had been taken away from the brick-work.
JOHN MAHONEY . I live at Stratford. On the 13th of Jan. I was in a field called Piper's-field, at Stratford, between four and five o'clock in the afternoon, and saw the two prisoners—I had known them before—they were carrying something in a bag—I know the empty house belonging to the Railway Company—the prisoners were coming in a direction from there—Howard asked what they had got there—M'Cleod said it was an iron saucepan he then said it was a copper—Howard asked him how he had got into the empty house—M'Cleod said there was a pane of glass broken, that he shoved it in, and they got in at the window.
JOHN HOWARD . I was in company with Mahoney in Piper's-field on the 13th of Jan.—I saw the prisoners coming with a bag, with something in it—I asked what they had got—they said an iron saucepan—I felt round it, and said, "It is more like a large copper"—they said it was, and told me not to say anything at all about it—I walked away, and never said anything more to them—Gentry said they had got it out of a house—I asked him how they got in—he said there was a pane of glass out, and he opened the shutters and got in—they took us to the station, because they found us in a house, and we told them it was not us, but we told who were the persons.
JOHN WILLAM MANNING (police-sergeant K 5.) I took the prisoner M'Cleod from the information of the two witnesses—he protested his innocence, and said he knew nothing of it—I have not traced the copper.
at Stratford. The prisoner came there on the 29th Jan,—I saw her take to two drinking-glasses, a knife, and a fork off the counter, and put them into her basket—I detained her in the house, and found them in her basket—they are my mistress's—the prisoner was sober.
Prisoner. I was tipsy, and did not know anything about it.
GUILTY . Aged 46.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY . Aged 21.— Confined Four Months.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 23.— Confined Three Months.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 30.— Confined Three Months.
GUILTY . Aged 31.— Confined Four Months.
GUILTY . Aged 24.— Confined One Month.
DANIEL ALSOP . I live at Lee, in Kent, and am a plumber, in the service of Mr. Catherine Church, who is a widow—the prisoner was in her service about fourteen days—he had 30s. a week—he was in her service on 11th Jan., when he was sent to Morden College, Blackheath, to do a job—on that day the policeman showed me 15lbs. of lead, and 9lbs. of solder—I examined it, and, to all appearance, I believe it to be Mr. Church's—I examined the bar of solder particularly—there are some indentations on it, which I recognize—here are the same indentations on this other bar, which I have brought with me from the premises, which is of the same shape and quality—the prisoner had received such a bar of solder to work on the preceding
week—these are the pieces of lead the officer showed me—I know this one of them by its matching with this other piece, which I brought from the shop—it dovetails with it, and I believe it has been part of it—these pieces of lead had not been given to the prisoner to work—the solder had been given him, and if he had not used it all he was to have brought it back to the shop—I never saw any that he brought back, except what was left in the pot—the value of this lead and solder is 8s. or 9s. altogether.
Cross-examined. Q. Did you produce the other piece of solder at the Court at Deptford? A. Yes—I gave it to the officer in the shop—he took it there with him—I went with him to the Court—this second piece was shown at the Court, and I took this piece of lead that dovetails to the Court—I had given the prisoner this solder on the previous week—I can't say on what particular day—I gave it him to go to a job at Mr. Ling's, at Lee-terrace, to the Rev. Mr. Thompson's, and to Mr. Kebble's.
JURY. Q. Do you cast this solder in this form? A. Yes—we do not buy it in this form.
THOMAS BAYLEY . I am a plumber, and live in the Broadway, Deptford. On Monday evening, 11th Jan., the prisoner came to my shop about half-past five o'clock, with a basket—he emptied the contents, which was lead and solder, on my cutting-board—I had some conversation with him—he asked me if I would but it—he said he had been at work for a lady at Charlton, that he lived in the Minories, and he was tired of carrying it further—I asked him if it was his property—he said, "Yes, I will give you one of my cards"—while he was doing that the policeman came in, and took possession of the lead and solder and him.
Cross-examined. Q. He put it down in your place? A. He emptied it out on the board, and asked me if I would buy it—that is not a common practice at my shop—I swear he emptied it out on my board—my apprentice was present when the prisoner said he had done a job for a lady at Charlton—in fact, the policeman heard a portion of it—I Know Greenwich Hospital, and have been in it—I never had any lead from there in my life—I was charged with it, and proved my innocence—I was acquitted of it—I shall not answer whether I was tried.
JOHN EVANS (police-constable R 190) I saw the prisoner in the Broadway—I followed him into Mr. Bayley's shop on Monday evening, 11th Jan.—he was carrying a basket—I saw him turn the contents of it out in the work-shop—they were solder and lead—I asked him where he came from—he said he had been doing a job at Charlton, that he lived in the Minories, and if I would go with him there, he would satisfy me that I it was all right course of the evening I found where he worked.
Cross-examined. Q. Did he not say, if you went with him up to the Minories or to Charlton? A. Yes—there was a man of the name of Dampier, for whom he had worked.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Four Months.
Prisoner. Q. In what dress was the person? A. The same dress that you have now, and you were the person.
Prisoner. I never had the watch in my possession.
GUILTY . Aged 21.— Confined Nine Months.
MR. DOANE conducted the prosecution.
REUBEN NEWMAN . I am in the service of John Bayley—he lives in Thomas-street, Woolwich. On Thursday, 14th Jan., between one and two o'clock, the prisoners came into my master's shop—one of them, who I think was Williams, asked for a quarter of a pound of cheese, which came to 2s.—the gave me half-sovereign—I gave her 7s., a half-crown, and 4d. in copper—I am sure I had that amount of change—I counted it a second time, and laid it on the counter—they then asked for half an ounce of tobacco—turned my back to get it, and while I was so engaged, Williams said I had given a shilling short—I said I said I had not, I was sure I had given the right change—I have not the slightest doubt that I had—Williams persisted that it was not so, and I, to prevent any further disturbance, gave her a shilling.
Cross-examined by MR. O'BRIEN. Q. You never make a mistake? A. I do something—I did not think I had made a mistake, when I gave her the shilling—I was not frightened out of it—I never was frightened at a women—I put the money on the counter, and while I turned to get the tobacco they said I had given a shilling short—I don't know whether either of them had taken the change up off the counter—I could not see behind me—when I turned round again I found the money on the counter—I had not see either of the prisoners before to my knowledge—they said I had given them a shilling short.
COURT. Q. What was the money you gave them? A. 9s. 10d.—they said I had given them 8s. 6d. besides the copper, and instead of that, I had given them 9s. 6d. and the copper.
CAROLINE REBECCA BROWN . My mother keeps the Star, in Wellington-street, Woolwich. On Thursday, the 14th of Jan., I saw the prisoner Williams—she came and asked me to give her a half-sovereign for, some silver, which I did—it was from one o'clock till three.
Cross-examined. Q. Had you ever seen Williams before? A. Not to my knowledge.
WILLIAM CLARK HUNT (police sergeant R 32.) This is Mr. Jeremy's handwriting to this deposition—(read—the prisoner Williams says, "I never went in for the cheese"—the prisoner Brown says, "I never was in the cheese shop."
BROWN— GUILTY . Aged 20.
Confined Nine Months.
There were two other charges against the prisoners.)
GEORGE EDWARDS . I am waiter at the United Service public-home, Charlton-pier, Woolwich. On the 31st Jan., about seven o'clock in the morning, I saw the prisoners and another with them, at my master's, in the tap-room—they called for some been, which they had—I had a waistcoat, trowsers, and shirt lying on the table—I shifted them from there to my bed-place, I slept in the tap-room—there were four half-crowns, eight shillings, a sixpence, and a fourpenny-piece in the waistcoat pocket; 18s. 10d. altogether—the money rattled as I moved the clothes—there was no one in the room but the prisoners, the other man, and myself—I left the room to clean the bar, leaving them there—they went out, and three marines came in—I followed them into the same room—as soon as I got in I searched my clothes, and missed four half-crowns and four shillings—the three fresh men were in the room—I searched. them, and found a shilling, a sixpence, and a few halfpence on them, but no half-crowns—they were willing to be searched—I let them go—I got a constable, went after the prisoners, and came up with them in High-street, Woolwich—Lee ran away, the other two stood still, and were searched, and taken to the station—Lee was taken about two minutes after he went down an alley, and a policeman went up and met him—he was searched, and three halfpence farthing, and three half-crowns were found on him—I knew one of the half-crowns—there is a cut across the head, and a dot against the eye—there was hald-crown found on Runnett, the man who has got away. And on Southam, a sovereign and a fourpenny-piece—no person went into the tap-room while the prisoners were there—I was cleaning the bar, right opposite the door, and should have seen if anybody had—I know this half-crown which was found on Lee—I have had if better than six weeks.
Southam. He says there were only three of us in the tap-room, there were five of us; there was a man there who keeps watch on the pier at night, he pulled off his Jacket, and washed himself there.
Witness. No; that man did not go in at all, there were only three there.
JOHN GRIFFIN (police-constable R 229.) About eight o'clock on Sunday morning I received information, and went in search of the prisoners—Edwards was with me—we came up to them in High-street—when I was fifty or hundred yards from them, Lee made off and ran up an alley—I apprehended Southam and Runnett—I told Southam the charge was for stealing some half-crowns and four shillings from Edwards—he said he knew nothing about in—I asked what money he had about him—he said a fourpenny-piece—I said, "I should like to see it"—he put his hand in his pocket, and said he had half-a-crown—I took it—I asked Runnett what he had—he said, "a shilling"—I took that, and went five or six paces down the alley, and took Lee—he said he went there to ease himself—I asked what money he ha—he said, 2 1/2 d. he put his hand in his pocket, and took out 2 1/2 d. and a half-crown, changed the half-crown into his left hand, and clenched it—I took them to the station, and searched their boots—Lee had some rag wrapped
round his foot—he said his heel was sore—I assisted in taking the rags off, and two half-crowns slipped from them, which I kept separate from the others, but I have mixed the others, and can not tell which I took from Lee.
Lee's Defence. I went to a shoemaker's shop, and bought a pair of boots, and afterwards sold them for three half-crowns. I met Southam; we went into the public-house and had two pots of porter; there were five of us there; afterwards two more men came in, and a man who looks after the steamers went and washed himself there; we left the place, leaving three marines there, and the things on the table; I had been confined ten days, and that was the reason I had got the money, as I could not get out to spend it.
LEE— GUILTY .
SOUTHAM— GUILTY .
Confined Six Months.
Before Mr. Recorder.
612. JOHN KING was indicted for breaking and entering the dwelling-house of Henry Frazier, at Lambeth, on the night of the 11th of Jan., and stealing therein 8 sheets, value 7s.; and 5 sheets, 5s., his goods.
STEPHAN SANDERSON. I live at No. 32, Gloucester-street, Lambeth, in the house of Henry Frazier, who lives there—I look after the house for him—he takes in lodgers. On the 11th of Jan., at half-part eight o'clock at night, I was in the first floor back room—everything was perfectly safe then—I left The room, went into my own apartment, and am perfectly certain I shut the door close—soon after I heard footsteps—I went, looked down the stairs, and saw a young man in a light-coloured coat going out at the door—I turned back again and found the room door open, and a bolster lying on the threshold—I went into the room, found all the bed clothes stripped off, except three sheets—they are Mr. Frazier's property—I gave information to the police in less than ten minutes, and in about three quarters of an hour I was fetched to the station, and found the prisoner and the articles there—I missed them about ten minutes to nine o'clock, and found them about three quarters after nine—here are eight sheets and five quilts—I know them to be Mr. Frazier's property—they were safe in the room when I shut the door—some of them are marked—here is "Henry Frazier" in full on them—I have not a doubt of them.
JAMES SARTAIN (Police-constable L 101.) On the 11th of Jan., between nine and ten o'clock at night, I saw the prisoner in Queen-street, about a quarter of a mile from Mr. Frazier's with this bundle of things—I asked him what he had got—he said he had some bedding—I asked where he brought it from—he said from New-street—I asked where he was going to take them—he said to his mother's over the water—I took him to the station and fetched Sanderson over, who identified them as stolen from Mr. Frazier's—the prisoner then said the things were his own.
Prisoner's Defence. I know nothing about it.
GUILTY of Larceny. Aged 17.— Confined Twelve Months.
CHARLES BROWN . I keep a beer-shop in Greenhill's-rents, Smithfield. On Thursday, the 14th of Jan., about twelve o'clock, the prisoner came to my house, and said to my wife, "Betssy, I want you"—she said, "What is it?"—he
said, "Why your father has bought a horse, and gave 9l. for it, and has not got enough money by 10s., will you send it? He will be up in town by Friday and pay the money"—my wife asked me for the money—I gave her four half-crowns—she gave it to the boy to take with the prisoner to give it to his grandfather—he went away with the prisoner.
JAMES SMITH . I am the nephew of the last witness. He gave me four half-crowns in the prisoner's presence—I set off with the prisoner—he went into the Bricklayers' Arms in the Kent-road, and called for a pint of beer—I said I had no money to pay for it, but I paid for it out of one of the half-crowns—he drank a drop, and then said, "You stop here; give me the money, and I will go and fetch the horse"—I said, "Very well," and gave him three half-crowns and 2s.—I stopped till he got round the corner—he went round some square and went into the Swan, where he said my grandfather was waiting, but he was not there—he then came between the Swan and the London-road, stopped there, and said, "You can go home if you like now"—I said I could not go home without the money—he said, "What shall I do if I see the man with the horse?"—I said, "I do not know"—I however went home without the money, and did not see the prisoner again till he was in custody.
HENRY HOOK . I am the grandfather of the last witness, and the father of Mr. Brown. I have known the prisoner fifteen years—he worked for me at different times—I had not bought any horse for 9l. on the 16th of Jan.—I did not send him to get any money from my daughter-in-law or son, nor was I waiting at the Swan for the money.
GUILTY . Aged 67.— Confined Three Months.
Before Mr. Justice Coleridge.
MR. BODKIN conducted the prosecution.
MARY CLIFF . I was related to the deceased—her name was Sarah Phillips—she was the prisoner's wife—I am her daughter by a former husband—I saw my mother while she was ill at Mr. Stead well's—I was there when Mr. Wood, the surgeon, saw her—I saw her on the Monday, and she died on Tuesday—the prisoner came to me on the Monday morning, and told me my mother was ill—he did tell me where she was then—I went out to go to her—he followed me, and came into the room while I was there—in going along he told me where she was—he did not say anything to me then, or at any time, about the cause of her illness, what had happened to her, or anything of the sort—I asked him if he had been ill-treating her, and he said, "No"—she was quite insensible when I first saw her.
Prisoner. She came to me and her mother on boxing evening, and my wife was taken very poorly in the night. Witness. I was at their house on that day, I went to see my mother—she had dined with me on Christmasday, and I went to her the day after—she was well at that time, with the exception of a cold at the chest—she had a bad cough—I left her about half-past ten o'clock, as near as I can remember—I know it had gone ten—I left the prisoner with her.
MR. BODKIN. Q. was he the only person you left in the room when you went away at half-past ten? A. Yes.
ELIZABETH SMITH . I am the wife of Samuel Smith, a tailor. I lived in the same house with the prisoner and the deceased four years—it is No. 48, Ewer-street, Borough—on the evening of the 26th of Dec. I came home about
half past eleven o'clock—the deceased came to the door as I came to it, with a bundle under her arm, as if mangling clothes—she seemed pretty well, as well as she always was—she knocked at the door, and said, "Miles, open the door"—he opened the door, and said, "Who is that you are talking to?"—she said, "Mr. Steadwell is gone up stairs to her room"—with that she went in, and the door was shut—their room is on the ground-floor—I went up stairs into my own room—my husband was up stairs with me, but he went down afterwards for some beer for supper—that was not above four or five minutes after their door was shut—he was not gone above five minutes—in about five minutes he came up again with the beer—I heard the deceased cry "Murder!" once—the cry appeared to come from her own room—when I heard her cry, I opened my room door, and she opened her room door, came out, and came to the street door, and said, "You murdering villain, you have been trying at this for years, and I suppose you have done it for me at last"—I could not see the person to whom she addressed that observation—I took the candle, looked down stairs, and found she had gone out of the passage—the street door was shut, and I heard her room door shut—I heard no more—she went out almost immediately on making that observation—I am confident there was no one in the room after her daughter left, but themselves—I did not go down at all—they very frequently quarrelled—I did not see the deceased again till the Monday, when they came to me and said she was dying—I then went up to Mr. Steadwell's, which is three or four doors off—the deceased was then insensible—she took no notice of any one.
SAMUEL SMITH . I am the husband of the last witness. On the 26th of Dec., about half-past eleven o'clock at night, as near as I can recollect, I went out to fetch some beer—as I came in I had to pass the door of the room where the prisoner and his wife lived—as I passed the door I heard the prisoner say, "If it was not for the law I would cut your b—throat"—I went up into my own room, and shortly after heard the deceased call "Murder!"—my wife opened the door—I looked down the stairs, and saw the deceased's room door open—she came out, and went into the street—at the street door she exclaimed, "You murdering villain, you have often threntened to do this, and I think you have done it at last"—she then went into the street—the prisoner shut the door, and fastened it, and, as I supposed, went to bed—I cannot say that I heard the street door locked or bolted—I heard him fasten his own door—I heard no more that night—on the following Tuesday, in the forenoon, a female friend of the deceased called, and in consequence of what she said I went down and knocked at the prisoner's room door several times—he opened the door—he had not got all his clothes on—I said to him, "Phillips, Pray," or, "for God's sake, put on your clothes; I Understand your wife is dying"—he said, "It is all right, old boy"—I then went up into my own room.
MARY ANN STEADWELL . I am a widow, and live in Ewer-street. I knew the deceased Mr. Phillips—on the 26th of Dec., between eleven and twelve o'clock at night, she came to my place—she appeared to be very bad indeed, and complained of her head and back—she asked me to let her stop at my house—I consented—she went to bed as soon as she came—on the following morning she was very ill, and got worse in the course of the day, and on the Monday she was very bed indeed—one of the neighbours went to Mr. Wood—he came about ten or eleven o'clock—she was then insensible—I did not hear her speak—she died on the Tuesday evening, about seven or eight o'clock—she did not give me an account of how this happened—after her death I discovered some injury to her back, near the hip—I did not notice it till I washed her back—there was the appearance of injury on her hip, and as I
washed her, two little bits of skin came off, just as if she had been grazed up against a mangle, or something of that sort—no injury was done to her after she came to my house—nobody ever touched her after she came there.
----WOOD. I am a surgeon. On Monday, the 28th of Dec., I was called in to see the deceased—she was insensible—judging from her symptoms, she was labouring under bronchitis, which is inflammation of the air cells of the lungs—my attention was not called to the injury to her back at that time—I did not attend the post mortem examination.
Prisoner. Mr. Wood has attended my wife and family four or five years on all occasions when it was necessary, and he knows I was always correct in everything; he never heard anything against me. Witness, I can say nothing in his favour—he has always been unkind to her.
COURT. Q. To what do you attribute her death? A. To inflammation of the air cells of the lungs—that disease, in my opinion, was violent enough to have occasioned her death—I had not been attending her before for this attack—she frequently suffered from a slight cold, but was not seriously ill, not to be laid up—I had not attended her for a serious illness before—she had a slight cough—I saw her body after the post mortem examination, but not at the time—I did it to satisfy my own mind.
MR. BODKIN. Q. Did you observe any injury in the neighbourhood of the hip? A. I did not—I examined her as minutely as I could, both before and after the post mortem examination—I went to satisfy my own mind again from the statement of the Coroner's Jury—that was after I heard of an injury to the hip—it was both before and after Mr. Lee was examined—when application was made to me to give a certificate of death I said, "I must first ascertain the real cause of it"—I went to see the body, and saw no appearance of external violence—I saw no place where the skin came off—nothing of the sort appeared—I first went before the Coroner's Inquest, examined the body all over, and I saw no external injury—that was before dissection—after dissection I examined again most minutely, and saw no marks of violence about the hip and no mark of injury at all—I treated her also for diarrhoea—I made no post mortem examination—I did not look internally—the parts were all replaced when I saw her after dissection—I did not examine the region of the lungs—she was suffering under diarrhoea I first saw her—I am still decidedly of that opinion.
----LEE. I am a surgeon. I was called in to make a post mortem examination—I received the Coroner's warrant to do so on the 4th of Jan.—I made a partial examination on that day, and also on the 5th—I made a point of examining first to ascertain whether any external marks of violence could be seen—I first examined the skull and found nothing about it to indicate violence, but on the lower jaw, on the right side, I found a considerable patch of ecchymosis, or diffused blood, extravasation of the blood—I could judge whether that was an injury inflicted during life, by examining the state of the blood vessels—I opened them, and ascertained that it resulted from an injury during life, from particular marks in the blood—that was not an injury that could lead to death—on the right side, between the hip joint and the ribs, part of the skin was abraised—the upper skin, called the epidemis, was removed—it was a piece about two inches square—I examined the internal part of the body at the same place, and found a large band extending to about the depth of six inches, extending from, or rather commencing from the medial line, or centre of the body, to the spine—it was
in the form of a band, six inches in width—that was inflammation, and corresponding with that portion of the abdominal parts—the intestines were decomposed—part of the band was right underneath the place where the skin was abraised—I judge that the decomposition of the intestines was the consequence of the inflammation, for this reason, because it formed such a perfect contrast to the other vessels, which were so healthy—they were not at all in a state of decomposition—the injury to the intestines that I describe would be quite sufficient to account for her death—the state they were in would explain it—I cannot form any judgment as to how that injury was caused—any external violence, a blew, a fall, or a kick, would be sufficient to cause it—I examined the lungs, they were congested, as might be expected in a person of her years, and from the season of the year, but not to an extent that would cause death—I could not form any judgment as to whether she had been suffering from diarrhoea.
COURT. Q. Did you see externally any marks of such a violent blow as would have occasioned the internal injury? A. There was ecchymosis on that part certainly, but so many days after death I cannot say whether that was not from decomposition taking place—there was nothing to enable me to say that there was a blow of sufficient violence to occasion what I found internally—there was no appearance of such a blow, fall, or kick, as would have produced what I found inside, but there is no resistance at this part, and consequently the appearance of an external blow would not be so much seen—I mean although there was no external mark, that did not prove that she might not have had a blow, considering the want of resistance at that part.
MRS. STEADWELL re-examined. The deceased had a disorder of the bowels on the Sunday night—it continued for some time—she was ill after that, but not in the same way.
COURT. Q. While that disorder was on her did she appear to be in pain with it? A. Yes—I was obliged to hold her up in bed to support her for a little while—she was very ill indeed all that day—she was not long ill with the disorder of the bowels—she said she was very cold, and should like to have a drop of something to warm her, and I fetched some rum and water, which she drank.
Prisoner's Defence. I have been married upwards of thirty years, and have had eight children; four are alive now I expect, and are men and women grown; one son is at the Isle of France, in a situation, and one daughter is married and has three children; so it does not appear that I could be such a brute as is represented; I have lived thirty-nine years in this street, and never troubled my head with anybody.
GUILTY. Aged 59.—Recommended to mercy on account of his age. — Confined Nine Months.
Before Mr. Justice Cresswell
615. ELIZABETH SMITH and SARAH REES were indicted for feloniously assaulting James Dyer, putting him in fear and danger of his life, and stealing from his person and against his will 4 sovereigns, his monies, and beating, striking, and using other personal violence to him.
JAMES DYER . I am a printer, and live in Southampton-court, Russellsquare. On the 14th of Jan., about 12 o'clock at night, I went into the Prince of Wales public-house, London-road—I had been drinking a little before that—very shortly after I had gone in, the two prisoners came in—I had just finished drinking something—I observed that Smith had some court-plaster over her forehead-—I said, "You have an awful wound there, how did you
come by it?"—she immediately asked if I would give her some gin—I said I would, and she called for it—Rees was alongside of her, and partook of the gin—after having the gin I was about going off, when they followed me out of the house and requested me to go home with them for a few minutes and sit down—I complied—I went with them to Nelson-place, which was very near—a chair was brought and I sat down—Smith asked me to stand some gin—I put my hand into my right hand trowsers pocket, in which I had several pieces of silver, and gave her some money to fetch the gin—Rees went for it—on her return, Smith asked me to drink, and Rees poured it out—I refused to take any—I thought, from the shabby appearance of the apartment, that the liquor might have been drugged, and became rather alarmed—as soon as Smith saw that I refused to take any, she seized hold of me, and called to Rees to come and hold me—she used some oath or imprecation, calling her something of a fine woman for not coming to hold me—Smith then took a knife from the table and swore she would cut the b—b—'s throat or have his money—Rees came forward and laid hold of my right hand—Smith had hold of me by the left arm—I held my hand in my left side breeches pocket, in which were four sovereigns (it all happened in much less time than I can tell you) she drew my pocket out—she had hold of my left hand, with the knife in her hand, and she whipped my pocket right out in front where my flap is—thinking she was going to cut it off with the knife I caught hold of the pocket—thinking some man might come to her assistance, I made no further resistance, but let go my hold—on that Smith drew the money out of my pocket—I saw the edges of the sovereigns glisten in her hand as she drew her hand from the pocket—she immediately walked to the back door, saying, "I am going this knife way"—I did not observe what became of the knif—it was a snall table knife—I immediately went to the front door and went in search of a policeman—Rees never uttered a word, but remained in the place—I left her there when I came out—I found policeconstable L 93, and made a complaint to him—I returned with him to the house, but there was nobody there—we knocked, but got no answer—we then went round to the Prince of Wales—I went in first and saw Smith there in front of the bar, drinking—I went up to her, seized her by the shoulders, pushed her to the door, and told the policeman that she was the girl who had robbed me—she was then taken into custody—I afterwards saw her searched—I had not given either of the prisoners any money besides what I gave for the gin—I had been drinking a little at the time this occurred, but not a great deal—I knew perfectly what I was about.
Cross-examined by MR. DOANE. Q. Had you been in company with any other woman that night? A. Must I answer that?—there was another woman previous to the prisoner's coming in, who came into the public-house after I went in, of whom I know nothing—she joined my compny as I was standing at the bar—I had a glass of ale, and I treated her—I do not recollect whether or not that woman went out before the prisoners came in—I had not been drinking a great deal before I got to the Prince of Wales—I had no purse—I had my silver in my right-hand pocket, and the gold in the left, quite distinct—I had not agreed to give the prisoners any money to go home with them—they did not ask me for money when I got there, only for gin—I gave them no other money but what I paid for the gin—one of them did not demand money for bringing me into their room—I am confident of that—I cannot swear whether the knife was on the table or not when I went in, she did not leave the room to fetch it—I think it was in the table-drawer—I was frightened that she was going to cut my throat, and so I made no further
resistance, I was frightened of having my pocket cut, and my throat cut also.
Q. But was there any attempt to cut your throat while she was getting hold of your pocket? A. Only by menaces and the weapon in her hand—my hands were held, one by one woman and one by the other—there was no attempt to cut at my throat, or to cut through my pocket—Rees was on one side of me at this time, holding my right hand—I had my left hand in my left-hand side breeches pocket—no more buttons were undone than there are now, one button that my hand might go into my pocket—she ripped the next button-hole off the button, and drew the pocket out and seized hold of it.
MR. CHARNOCK. Q. When did you last feel the four sovereigns safe in your pocket? A. In the room where the struggle took place.
JAMES BRADLEY (police-constable L 93.) On the night of the 14th of Jan., about twelve o'clock, I was applied to by the last witness—I went to the house, No. 4, Nelson-place, with him—I knew the prisoners, and knew they lived there—I knocked at the door and received no answer—the prosecutor told me what had occurred, in consequence of which I went with him to the Prince of Wales public-house, which is a short distance from Nelson-place—when I got there I saw the prisoners inside, standing at the bar—I told the prosecutor to go in, and see if he could identify the persons who had robbed him—he did so, and called me inside the door to take them into custody—he desired me to take Smith into custody, and I did so—there are two doors to the public-house—as soon as she saw the prosecutor she tried to escape by the other door—I took her in charge—I saw something in her hand then—I took her hand in mine, and kept it closed till we got to the station—at the station-house she delivered 19s. 8d. in silver from the hand that I had hold of, and three sovereingns from her mouth—5 1/2 d. in copper was found on her by the searcher at the station—I was not present—when I took the money from her hand she said what money she had got the gentleman gave her—the prosecutor was the worse for drink, but quite capable of knowing what he was doing—Smith was rather the worse for drink, and Rees was rather worse than Smith—I took Rees into custody the next day, at the police-court, by the order of the Magistrate.
Cross-examined. Q. Then do you mean that Rees was drunk, on the next day? A. No—on the night of the 14th—the prosecutor came to the station-house with me—he was not much the worse for liquor then—I could see that he had been drinking.
SMITH— GUILTY . Aged 23.
REES— GUILTY . Aged 33.
of robbery without violence
Transported for Seven Years.
Confined Twelve Months.
GUILTY . Aged 21.— Confined Twelve Months. Before Mr. Recorder.
617. ALEXANDER M'LEISH was indicted for feloniously assaulting Eliza Woods, cutting and wounding her, with intent to murder her.—2nd COUNT, to disable her.—3rd COUNT, to do her some grievous bodily harm.—Other COUNTS, the same, only for assaulting, &c., Polly Wood.
MR. ROBINSON conducted the Prosecution.
the prisoner, but not before the blow was struck—I live in the house, and was there about eight o'clock in the evening—about that time Mary or Molly Wood came into the prisoner's room to see them, and brought a kettle of water in her hand—she opened the prisoner's room door, and the moment the door opened the poker was on her head—I saw the prisoner raise the poker and strick her on the head—it produced a very large wound, right on the top of her head—she fell back against the opposite door—the blood trickled down—she had a bonnet on and a band round her head—as she fell back she said, "Oh, my God, he has" either "struck," or "killed me with a poker," I am not certain which—I saw her before she went to the prisoner's room—I had opened the street door for her—that was the first I had seen her that evening—it was hot water in the kettle—she had come from his room to fetch the kettle, and went back with it with hot water in it, and on entering the room was struck in this way—I did not hear the prisoner say anything before he struck her—I turned round, and said to him, "Oh, Mr. M'Leish, see how you have" either "struck" or "killed Mr. Wood with the poker," I am not certain which were the words—I said that after she had said he had struck her with the poker—I asked the prisoner to give me the poker, I caught hold of it, but he wrenched it out of my hand—when I found I could not get it, I and my mother, and his wife helped her into the kitchen.
COURT. Q. Did he prevent you getting the poker from him? A. He twisted it out of my hand, and I then assisted the woman into the back kitchen—I did not see any more of the prisoner—he shut the door, and locked himself in his room—I sent his wife for a doctor immediately—this is the poker—(looking at it.)
Cross-examined by MR. BALLANTINE. Q. He must have done this with his left hand, did not he? A. He did—his right arm was in a aling—he had a bad arm—he said it was affected with the frost—he did not appear to be much excited—he had been drinking a little, but I think he knew what he was about—he appeared to do so.
GEORGE WORMAN (police-constable P 210.) I took charge of the prisoner—Johnson gave him into custody, just about nine o'clock on boxing-night—he had got into his into his room, and locked the door—I asked him to let me enter—he said we had no business to enter his apartment—he had seen me at the window—I was in my police dress—he could see I was a policeman—I told him to unlock the door and let me in—he said he desired none of the people of the house to enter his apartment, aad after a few minutes he unlicked the door.
COURT. Q. Give us his words? A. He said he desired none of the people to enter his apartment, he would do them some injury, some grievous bodily harm, or something like that—he said he would do them some "bodily harm"—he had been drinking, but was not so drunk but that he knew what he was about.
cross-examined. Q. Was he the worse for liqor? A. He had been drinking—he walked well with me—he appeared as if he had been drinking when I first went to the house—he was a little the worse for what he had drunk when I first went to the house, but when he got to the station he was not—he said he would do somebody "bodily harm," not grievous bodily harm, that I recollect—it was just about nine o'clock—the surgeon was dressing the wound when I came.
SAMSON DARKIN CAMPBELL (inspector of the P division of police.) I recollect the prisoner being brought to the station-house, just before nine o'clock—I asked him what could possibly induce him to commit so serious an injury on a
poor creature—he said, "She had no business in my apartment; how would you like anybody to enter your apartment against your wish?"—I said, "I am afraid that will not justify you in using so deadly a weapon"—he said, 'We shall see'—it was evident he had been drinking, but he was much more collected when brought to the station—there was evidently the result of liquor about him, but he knew what he was about—he checked the account of the money taken from him, but it was evident he had just recovered from drink which he had taken very recently.
THOMAS KIRWAN KING . I am a surgeon, and live at Camberwell. I was called in on the 26th of Dec., between seven and eight o'clock, as near as possible about eight—I saw Mary wood—she was bleeding profusely from a wound on the upper part of the forehead—it was a lacerated wound, extending to about two inches or two inches and a half—the bone was laid bare—I thought her life in considerable danger—there was an artery wounded, which bled profusely—the only symptoms which presented themselves were the effects of the loss of blood—she was in a very low state—I gave her wine and stimulants—in two days erysypalis came on—the wound might have been inflicted by a poker.
Q. Do you know that the prisoner laid down and fell asleep after you were called in? A. I was not at his house—the woman was brought to my surgery—assistant was the first person who saw her—I saw her three quarters of an hour afterwards—I cannot say whether I was at home at the time my assistant was sent for—it was long after tea before my assistant was sent for—the wound had certainly not been inflicted more than a few minutes when I saw it, because she was sent up almost directly—I can speak within twenty or thirty minutes—my assistant went for something to stop the hemorrbage—he returned, and had only been there a few minutes before they brought the woman up to me—she was still bleeding very seriously—I had her head shaved, and, on removing some clots of blood, I found the temporal artery wounded—it appeared to be done with considerable violence, through her bonnet, cap, and hair.
MRS. JOHNSON re-examined. I should think it was half an hour or twenty minutes after the blow was struck that the policeman came and took the prisoner away.
COURT. Q. How soon after she received the blow was the assistant sent for? A. I sent his wife directly—she was gone a quarter of an hour or twenty minutes—our house is about five minutes' walk from Mr. King's.
SAMSON DARKIN CAMPBELL re-examined. I know Mr. Norton's handwriting—this is his writing—(looking at the depositions)—I was present, and heard this statement made—(read)—"The prisoner being asked if he wished to say anything, says, 'I have only to say, as Mr. Wood was coming in, I said I would strike my wife, and as she came in I thought it was her; I have nothing to say on that; I am very sorry for it."
(The prosecutrix, being called on her recognisances, did not appear.)
MR. BALLANTINE called
WILLIAM COLLINGWOOD . I am a chemist and druggist, acting as assistant to Dr, George. I attended the prisoner twelve or fourteen days—he had three abcesses on his right arm, attended with with a good deal of inflammation—it was necessary to reduce his system considerably—I applied a quantity of leeches—that did not reduce the abcesses, and it was necessary to reduce his system by purgatives and reduced diet—I saw him early on the morning of the 26th of Dec., and found him in a state of great excitement—he told me he was in a great deal of pain in his arm—the inflammation had then been allayed—it was the nervous
system that was excited—I sent him eight pills of henbane and opium, which is a sedative, to allay the irritation—there were five grains of opium and ten grains of hyoscyamus in the eight pills—he was to take one pill three times a day—I also sent him a slight aperient saline purgative, a fourth of which he was to take three times a day—there were six ounces of it—he would take four ounces and a half a day—it contained a portion of nitre—I sent that medicine between two and three o'clock to the bakehouse where he worked, but he was out at the time—I called to see how he was about half-past four or five o'clock, at the bake-house, and asked how he was getting on—he showed me the pill-box and the empty bottle, and said, 'I have swallowed all your pills, and drunk all your physic"—I laughed at him, and thought he was joking—he showed me the empty pill-box and bottle—so large a does would act as a powerful excitement, and considerably quicken the circulation, and increase the animal vigour—it would act on the brain, I should say, to a very great extent, and produce, in would act in about half an hour after it was taken—the excitement would continue some hours—I should think he would scarcely know what he was about.
COURT. Q. What was the first purgative that followed the leeches? A. Senna, jalap, and magnesia—he was of full habit of body—it was necessary to give powerful purgatives—the medicine was prescribed by Dr. George, who I saw in the middle of the day, and reported the state of the prisoner—I have not seen the prisoner at home—when he told me he had swallowed all the medicine, I did not observe anything particular about him, except that he appeared a great deal better—he had just swallowed it, and it could nit produce excitement then—I thught he looked better, but I knew the medicine could not have that effect—I immediately went home and thought over the subject, whether it would be necessary to do anything for him, he having taken so much opium, but when I returned to the bakehouse, he was gone, and I heard nothing more of him till the Sunday—I did nit go after him, as I did not know where to find him—I had only attended him at the bakehouse, and they did not know what had become of him—I am of opinion that this affair might have occurred from the quantity of stimulating medicine he had taken.
THOMAS KIRWAN KING re-examined. My opinion is that if the prisoner took the quantity of medicine named, it would act as a direct sedative—he would be incapable very likely of performing any act in a short time—a small quantity would act as a stimulation—a large quantity, as a direct sedative—the quatity mentioned would produce quite and sleep—nitre would also produce sleep—I do not see how it could act otherwise.
MR. BALLANTINE. Q. Is that administered in delirium-tremens? A. Yes—it produces tranquility—I call ten grains a small does of opium—as a general rule, small doses are soon succeeded by excitement, but large doses by narcotism—small doses are not sometimes followed by narcotism without any previous excitement—Dr. Guy is no doubt a man who understands the question—I do not say small doses are never followed by narcotism—if his system had been reduced, that would certainly make an alteration in the effect of the opium—so large a does would nit them be required—it depends on the patient how it will act—opposite indications have been given from taking opium—if the system was considerably reduced, five grains would be an enormous does—nineteen drops are equal to a grain—in a person taking one ounce, there would be no excitement.
Q. A man who had undergone what the prisoner had, would be likely to have his nerwous system completely unstrung? A. Yes.
COURT. Q. It might produce excitement? A. Not excitement.
MR. BALLANTINE. Q. Could you predict anything of the kind without knowing the state of his system before? A. I speak from my own knowledge, from general principles—a very large dose will produce sedative consequences—this would be a very large quantity—in a case of delirium-tremens the result to a certain extent would depend on the patient.
COURT. Q. Does opium act on the brain through the stomach? A. It does—purgatives working rapidly would carry off the opium before it acted on the brain, it would not altogether take of the narcotic effect—a great quantity of opium, mixed with henbane, would work on the system within half an hour.
MR. BALLANTINE. Q. When a person takes a very strong stimulant, the momentary effect would be to brace the system, and make him look a great deal better? A. Yes.
MR. ROBINSON. Q. With reference to the medicine the prisoner says he has taken, what in your judgment would be the effect on a frame whose nervous system was very much debilitated? A. I should say it would be a more powerful narcotic, and the narcotic effect would be produced much earlier than the purgative.
WILLIAM COLLINGWOOD re-examined. I have been a chemist ten or eleven year—I have not undergone an examination at the College—it is impossible to say what effect an over-dose of medicine may have—five or six grains of opium very frequently produces great excitement—the large quantity taken would not have a narcotic effect, in my opinion.
COURT Q. How do people get killed then, by taking a large quantity? A. Many people can take much larger doses than others—in many instances a large dose does act on the brain.
MR. ROBINSON. Q. Do you know whether the prisoner was in the habit of getting drunk? A. I do not—he did not appear to have been drinking when I saw him in the morning, nor in the afternoon—when he said he had swallowed all the pills, I told the men in the bakehouse he had done a very serious thing, and the excitement most likely produced in the system would be likely to do a serious injury to his arm; it would keep it back, increase the inflammation—an over-dose like that, in my opinion, would produce a state of frenzy—some persons who come to my shop will take ten or twelve grains of opium—it will produce a sort of intoxication—it don't produce stupefaction—if they are used to it, it acts as a stimulant—I know one person now who is prohibited taking spirits, and she takes a large quantity of laudanum, and it is followed by great excitement; that is followed by imbecility, but they repeat the dose to keep it up—henbane would in a measure modify the effect of the opium, no doubt.
COURT. Q. In what state of body was he, was his skin broken at this time? A. Yes, there was an immense discharge from abscesses—the leeches were administered twelve or fourteen days before.
DAVID CUNNINGHAM . I am a baker, and live in Cold-Arbour-lane, Camberwell—the prisoner lived with me between five and six years—he was a well-conducted, orderly person during the whole time—I remember the day after Christmas-day I saw the pills and medicine in the bakehouse before he came home from the customers—he came home between three and four—I was not present at the time he took the pills, but one of the men came and told me something, in consequence of which I went to the bakehouse—I saw the prisoner there, and the empty pill-box and empty bottle—I spoke to the prisoner about them, but I cannot say he had taken them—he showed me his mouth—he had chewed the pills and the effect of it was all over his teeth and his tongue—I know he had been very ill with abscesses.
MR. ROBINSON. Q. I suppose the pills were not in the state of pills when you saw them in his mouth? A. They looked black—I did not take notice
how much there was—he was not working at my place, but merely showing the man the customers, as he could not work—I saw him first about half-past eight that morning—I saw him in my place about half an hour previous to his leaving the shop with bread—I saw him again about half-past eleven or twelve—he was in the shop then—I do not know what he was doing in the meantime—he staid about half an hour, and then went out with more bread—he returned about half-past three—he went out with another man to show him the customers—he did not take out the bread himself—I saw the pills in the bake-house about four.
COURT. Q. When did you see him after that, after you looked in his mouth? A. He left me about five o'clock—he seemed stupid.
MR. ROBINSON. Q. You did not see him afterwards? A. No, he remained at my premises from half-past three to five o'clock.
S. D. CAMPBELL re-examined. This is also the Magistrate's signature—I heard the prisoner make this statement—(read—the prisoner says, "it was boxing-day—the customers had given me a deal of drink, and not having anything to eat that day I got drunk, and did not know what I was doing")
(The, prisoner received a good character.)
GUILTY on 3rd Count. Aged 43.—Recommended to mercy by the Prosecutor, in consequence of good character. — Confined One Year.
MESSRS. BODKIN and CLARKE conducted the Prosecution.
MARIA BAKER . I am the wife of Henry Baker, a tobacconist, of Gravel-lane, Southwark. On Sunday evening, the 3rd of Jan., about twenty minutes past seven o'clock, some cigars were taken out of the shop—I made a complaint to Squire the constable—he followed me into a public-house—there were several people there, and a person named Witty among others—I identified him as the man who had taken the cigars—I had seen them in his hand—I pointed him out to Squire, and gave him in charge—Squire was on duty—he was dressed as a policeman—the four prisoners were together in the public-house, and more persons besides—I was not there many minutes—I said, "That is the man I saw take my cigars"—Squuire said to him, "You must go with me"—one of the prisoners (I cannot say which) said, "Do not take him, he is innocent"—my husband fetched me from the public-house and I heard nothing further till I heard a noise in the street—Witty was tried here last session—I was a witness—he was the person I saw in the public-house.
Cross-examined by MR. BALDWIN. Q. Have you said before, that you pointed him out to Squire and gave him in charge? A. Yes, every time I was asked about it—I said so at the police-office more than once.
JOHN SQUIRE (policeman M 134.) On Sunday, the 3rd of Jan., I was on duty near Baker's house—Mr. Baker complained to me of a felony having been committed—I desired her to go to the Tailors' Arms, Gravel-lane—she went in—I followed her, and found fifteen or sixteen persons assembled—the prisoners were there, and john Witty among them—Mr. Baker pointed him out in the hearing of all the men there, as the man who stole the cigars—I told him he must go with me to the station-house, that Mr. Baker accused him of stealing cigars—he said he would not—I told him he had better come quietly—he replied again that he would not—the prisoner Muires immediately said, "I am d—d if he shall"—I told him again, he
had better come quietly—he said he would not, and the rest of them bustled round me and pushed me away from him—I did not capture him then—they stood before me, and prevented me getting up to him—I went for assistance—met sergeant Payne, and Richards a police-constable, very near the house, returned to the public-house with them, and found Witty and all the men there—we told him we had come to take him, for stealing the cigars—the prisoners all four said, he should not go, and so did Ambrose, a man who was not taken—I got up by Witty and seized him—I had to force my way through these men to do so—just as I got hold of him, some one (I do not know who it was) put a quart-pot into his hand—he then made a blow at at sergeant Payne, forcing his way in with a quart-pot—I caught the blow with my arm, and took the pot from him—a scuffle ensued—Scully immediately said, "Well, he shall go," caught hold of him by the hand, and succeeded in dragging him to the door—when they got out, they all shut the door against us, pushing Witty out, and keeping us in—I ran out at the sidedoor, down Ewer-street, to Union-street, after him—I lost sight of him among the people in Union-street, and he escaped—I cannot say whether any of the constables took hold of Witty besides me—I was struck by Muires in the public-house several time—we had a considerable struggle.
Cross-examined by MR. DOANE. Q. Was it after Witty had been excluded from the house that Muires struck you? A. That was when we came back the second time to take him into custody—there was no blow struck the first time—Witty was behind the prisoners at the time I received the blow from Muires—I was endeavouring to get past Muires to get hold of Witty—I forced my way in as well as I could—he struck me with his fist.
Cross-examined by MR. BALDWIN. Q. Did scully do anything to prevent your taking him? Yes, by hustling round me—he moved from one side of the room to the other—when Muires was going to the door he went with them towards the door to put Witty out—he was one of the crowd.
BENJAMIN PAYNE (police-sergeant.) On the 3rd of Jan. I was going my rounds, received a communication from Squire, and accompanied him to the Tailors' Arms—Richards went with us—Witty was pointed out as having stolen cigars—I went up to him, and told him on what charge we should take him—he was then surrounded by ten or a dozen persons, and the four prisoners among them—I went up to lay my hand on him—Muires came up to me and said, "He shall not go"—I told Witty to come quietly—Muir placed himself in front of me—struck at me, and said, "he would be b—if he should go"—at that time Scully and Ambrose laid hold of me by the collar—I succeeded in getting Witty close to one of the doors—I had hold of him at the time when Muires struck at me again to release my hold of Witty—he knocked my hold away, and I fell outside the door; at the same time Scully had hold of me—Scully and Ambrose fell with me outside the door—while I was on the ground Witty escaped—I got up and chased him down Ewer-street—I did not see how Witty got the quart-pot—he went to make a blow at me with it, but Squire warded it off and received the blow on his own arm.
Cross-examined by MR. DOANE Q. Where was Witty when Muires struck you? A. Just inside the door, there was great confusion all the time—there were about a dozen persons there besides the officers—I was not in the least excited—my great object was, to secure Witty—I am certain it was Muires that struck me—he struck me in the chest—I was very sore for some days after.
MR. BODKIN. Q. Before the confusion began, did you, in the presence of all the prisoners, state that you came to take Witty for felony? A. I did—I knew them all before, and they know that I was a constable.
THOMAS RICHARDS (policeman.) I accompanied sergeant to the Tailors' Arms—Squire told Witty he was going to take him, and said you must go with me to the station for stealing some cigars—he did not name the people he had stolen them from—Muires and the other prisoners said, "Don't you go, Witty"—Witty was behind them—they had got "round him, between him and the officer—he said, "he would not go," and they said, "You shall not go," and used oaths to that effect—Muires put his fist up in the sergeant's face, and said, "I am b—if you shall go"—Squire laid hold of Witty—the sergeant laid hold of him, and Muires struck the sergeant a violent blow—they succeeded in getting Witty near the door—all the prisoners pulled the sergeant, myself, and Squire, away from the prisoner—one of the prisoners (Sullivan I believe, but am not positive,) gave Witty a quart-pot, Witty was about to strike the sergeant on the head with it—I said, "He is about to strike you with the quart-pot"—Squire put up his arm and received the blow—we got him to the door—Muires and the other prisoners dragged the sergeant and myself—I was behind trying to pull them away from Witty—they got him to the door, and got him away, and Ambrose stood at the door and let him out—they then put their backs to the door to prevent us going out—I saw Muires strike sergeant Payne—he fell outside the house.
Cross-examined by MR. DOANE. Q. Was not Muires in the custody of sergeant Payne and Squire at the time he struck him? A. No., it was before that—when he had Witty in custody—it was to rescue Witty—I afterwards saw Muires in the custody of sergeant Payne and Squire.
Cross-examined by MR. DOANE. Q. Was not Muires in the custody of sergeant Payne and Squire at the time he struck him? A. No. it was before that—when he had Witty in custody—it was to rescue Witty—I afterwards saw Muires in the custody of sergeant Payne and Squire.
Cross-examined by MR. BALDWIN. Q. You think Sullivan was the man who had the quart-pot? A. I belive he is the man who gave it to Witty—it was passed behind a beer-butt—I said so at the Police-office—this is my signature to the deposition; it was read over to me when I signed it—I said it was Sullivan that gave Witty the quart-pot—if I say there it was Callaghan it must be a mistake in taking it down.,
Callaghan. Q. Did you see the quart-pot in my hand? A. I say I did not—the prisoners stood side by side, as they do now, at the time the pot was passed.
MR. BALDWIN to MRS. BAKER. Q. You have said to-day, you went to the public-house and gave Witty in charge, did you say that before? A. Yes——(the witness's deposition being read, stated that she went to the public-house is give Witty in charge.)
JOHN SQUIRE re-examined. I produce a certificate of Witty's conviction from Mr. Clark's office—(read—Convicted Jan., 1847, for stealing 12 cigars, having been before convicted of felony, and transported for seven years)—I was present at the trial—the person convicted was the person who was rescued from my custody on the 3rd Jan.—(the record of Witty's conviction was here put in and read.)
Scully's Defence. I was in the public-house; I was at the other end of the room when they came in; I had been as far as the cigar-shop with Witty; I was with the policeman when he laid hold of him; he got out of the public-house, and went down Ewer-street; they came in and took him, and I went as far as the cigar-shop with him.
Callaghan's Defence. I went to the Tailor's Arms with the prisoners, the policeman and a woman came in, the woman said, "There he is;" she went out, and the policeman went up to Witty, and said, "I want you;" he said, "What for?" the policeman went out, and came in again with two more;
there was a scuffle, and I went with my friend to look at it; Witty got out of the house; there was no violence used to rescue him; nobody rescued him.
MUIRES**— GUILTY . Aged 20.
SCULLY— GUILTY . Aged 19.
CALLAGHAN**— GUILTY . Aged 17.
SULLIVAN— GUILTY . Aged 18.
Transported for Seven Years.
MESSRS. BODKIN and CLARKE conducted the prosecution. WILLIAM DERRIG (police-constable M 26.) I obtained a warrant from Mr. Secker for the apprehension of a person named Muires—on Tuesday, 5th, I went with this warrant to the Tailors' Arms, in Gravel-lane, and found Muires there—I took him into custody—he was into the public-house—I told him I had a warrant for his apprehension—he said, "Where is it?"—I showed him the warrant—he said he would not go till I read it, and while I was reading it he escaped—he ran, and got into a house in Ewer-street—I followed him, and apprehended him there, with the assistance of my brother constable—Baker was there—he came in immediately afterwards—while I was in Ewer-Street I saw Baker struck with a brick-bat, and on turning round I saw the prisoner stoop—I went to him immediately, and said he had thrown the brick—he said he had not—it came in the direction from where he was standing, or rather stooping—there was a great crowd of people—there were others standing where the brick was thrown from, besides the prisoner—I was not struck with any brick-bat—Poole was there at the time—both he and Baker were assisting me in taking Muires to the station-house—we succeeded in keeping Muires in custody—there where several bricks thrown at me, but none struck me.
Cross-examined by MR. BALDWIN. Q. Was the prisoner in the road; or in any other place at the time? A. He was in Ewer-street—there were a number of persons about.
JOHN BAKER (police-constable M 72.) I was on duty, assisting Derrig, in Ewer-street on the day in question—Muires went into No. 9, house, followed by Derrig, and I followed afterwards—I went into the back-yard of that house—there were several bricks in the black-yard lying about there—the prisoner was in the yard—no one else was there at the time—Derrig had got Muires in custody in No. 8—he had taken him over the fence from No. 9 yard
—I pulled down the fence, and came to his assistance, and Muries was arrested—after I got into No. 8 yard, and left the prisoner alone in No. 9, three bricks were thrown from that yard—they did not strike me or the other officers—we then took Muries into Ewer-street, and as we were going to the station I received a blow on the head—the hat I now produce I had on at the time—the blow struck me on the back part of my head—it threw me forwards on my hands, and broke my hat—it just grazed the skin off my head—I had got ten or twenty yards from the house—who threw the brick-bat I did not see—I had left Connell in the yard—he had an opportunity of getting into the street as quick as us, because the door of the passage was open.
Cross-examined. Q. Do you know whether the yard belongs to the house in which Connell lodges? A. I do not know whether he lives there or not.
with Muires, while in Ewer-street, I saw a brick-bat thrown at Baker—brick-bats had been thrown at me before—that one struck me on the back of my head—I turned round after it was thrown, and saw the prisoner throw the brick-bat at Baker—I saw it strike Baker on the top of this head, and he fell down on his side—the prisoner was about a dozen yards from Baker at the time—I took him into custody afterwards on that day, and he was rescued away directly—I am sure he is the man—I have know him six years—there were from 100 to 150 people collected in the street—I had seen him throw a brick when we were in the rear of the house, when we went in after Muires.
Cross-examined. Q. You were struck first then? A. Yes—Baker was struck not above two or three minutes after that—when I was struck it gave me a bit of a shake—it stunned me a bit—I followed Muires down the street afterwards—there might have been other bricks thrown—the prisoner was about twelve yards from Baker—he was behind him—I was before Connell—after I received my blow, I turned round, and saw the prisoner throw the brick and strike Baker on the head—I was at that time following Muires who was in custody—I saw the prisoner throw the brick and strike Baker—it was the brick striking me on the head that made me look back—I followed Muries and Baker after I had been struck.
Q. Was it not because Baker was struck on the head, that you turned back to see where the brick-bat came from? A. It was because I was struck—I had kept looking black all the time till Baker was struck—I was following them, waking down with the crowd.
GUILTY . * Aged 20.— Confined One Year.
WILLIAM CROFT . I am a grocer, and lived in Vauxhall-street, Lambeth. Last Nov. the prisoner came to my shop—I observed her so as to be acquainted with her features—she came again the same week—I attended to her—she purchased articles to the amount of 8d., and tendered me a half-soveregion—I gave her 4d., counted out 10s., and gave her 9s., to make her full change—while I was counting out the 9s. she said she wanted all small change, as she had got a card party that night—I said I would give her four sixpences, and I took two shillings from the nine shillings—I turned my eyes from her, and opened the till to get the four sixpences—I put them down with the rest of the change, and then saw that there was a shilling gone—she said, "How much do the things come to?"—I said 8d.—she said, "You have given me one shilling short"—I said, "I gave you the proper change; this is the second time you have swindled me; if you are not out of my shop directly I will lock you up"—she immediately took up her things, and the change and went out.
Cross-examined by MR. PARRY. Q. Did not you ask her if she would have some Jocys? A. I did not—I said nothing about fourpenny-penny-pieces—I lost half-a-crown the first time she came—I did not lose anything on this occasion—I gave her 9s. 4d.—it was before breakfast, in the morning, about eight o'clock—she left after I threatened to give her into custody—I am certain I gave her the full change—I was particular about it, because I knew her again.
BARZILLH TAYLOR (police-constable B 129.) I was present before the Magistrate, and heard Croft give his evidence—the prisoner was asked if she chose to say anything—she made a statement, which was taken down in writing, and signed by the magistrate—this is what she said—(looking at it—read—"The prisoner says, 'I was never in his shop before.' ")
HARRIETT COLLINS . I am not related to the prisoner, but have brought her up—she bore an execellent character—she is very illiterate—she can neither read, write, nor count—I should say she could scarcely tell eight from nine.
NOT GUILTY .
MR. RYLAND conducted the Prosecution. GEORGE CASTLEY. I am a grocer and cheesmonger, and live in Vauxhall-walk, Lambeth. About the middle of Nov. the prisoner came to my shop—I served her—she had a few things, amounting to 5 1/4 d., tendered me a half-sovereign, and I gave her 9s. 6 3/4 d. change—I am quite certain I gave her that amount, and was so at the time—I knew she had her full change, but I parted with another shilling to get rid of her—I was certain she had robbed me of the money—I did not belive her story, but parted with the shilling because I had no means of giving her into custody.
MR. RYLAND conducted the Prosecution.
JEMIMA BUDDING I am the wife of William Budding, of park-terrace, King's-road, Chelsea. Some few weeks ago the prisoner came to my shop—there were several customers there—after I had served them, she asked me to change two half-quartern loaves which her little sister had bought—I was to give her a brick loaf for the two little loaves which she produced—I gave her the brick loaf, and put the two small loaves on the shelf—I am positive I had served no bread whatever to anybody—no little girl had bought two loaves—the prisoner went away—I saw her again coming out of a shop opposite, with the quartern brick under her arm—I called her across to my shop, and said, "You have not paid me for that quartern brick"—she said, "Have I not? give me change for a half-a-sovereign." which she produced—I gave her two half-crowns, four shillings. and some pence, deducting for the loaf—she said, "What is your bread?"—I said, "7 1/2 d"—she said, "I cannot pay but 7d."—I said, your bread?"—I said, "7 1/2 d"—she said, "I cannot pay but 7d."—I said, "Very well, give me my change"—she gave me four shillings and one half-crown—I said, "That is not at all"—she shuffled among some plates, and said, "Oh, dear, here it is!" and then gave me the other half-crown.
COURT. Q. Did she come back to your shop from the opposite shop? A. I called her back—she had been cheated out of the bread, because I knew I had not sold any, and she had stolen those two small loaves off my counter—I found they had been removed, and I had exchanged them for a brick, under the idea that she was telling the truth—she gave me back her full change—I gave her back the half-sovereign, and she went away—I missed the small loaves off the shelf directly—they were two crusty half-quartern bricks—I then recollected that she could not have bought them—she said her little sister had just bought them at my shop.
Cross-examined by MR. PARRY. Q. What time was this? A. Very near eleven o'clock, on Saturday night—it was the Saturday before Christmas-day, and I was very busy—there were four or five persons in the shop when she came in—I do not belive she had the loaves when she came into the shop, but that she took them off the shelf on her left hand—my husband serves in the shop occasionally—he had not done so that evening—I had seen the two
loaves on the shelf about a quarter of an hour before—I was serving alone in the shop—there was nobody but me to have served them—I cannot undertake to say how many loaves I sold that day, but am certain I had not sold any half-quaterns during the last half-hour—I will not swear I did not sell two such loaves during the day—she took the loaves off the shelf while I was engaged—I did not see her with them when she entered the shop—I saw her enter the shop—she had a basket, but it would not hold them—she did not come back with two loaves in her hand—after I had served my customers, I asked her what she wanted, and she asked me to change the two half-quartern loaves which her little sister had just bought.
COURT. Q. Were the loaves within her reach? A. I stood behind the counter—they were on the left side; she could take them off the shelf without being seen.
MR. PARRY. Q. How large is your shop? A. Very small and very narrow—five customers could not stand abreast in it—a stout man must gidle✗ to get in—I am not sure how many loaves there were in the shop—she left the quartern brick loaf and the two half-quaterns eventually—I lost no money by her—she did not take the brick loaf because she said it was too high a price.
NOT GUILTY .
( There were two other indictments against the prisoner for misdemeanon, on which no evidence was offered.)
JOHN HOOPER . I am shopman to John Cunmer—he has no other name, and has no partner—he lives in High-street, Southwark. Last Friday evening, about seven o'clock, I saw the prisoner and another female in the shop—J did not serve her—they came for a piece of ribbon—I saw her served—I observed that she was gone, and afterwards saw her brought back by the constable, who had this piece of print, which I had seen tied to a chair inside the door five minutes before—I know it by private mark—it is John Cunmer's property.
WILLIAM MILLECHAMP . I live at Grange-villas, Dalston. On Friday evening, the 29th of Jan., I was walking in High-street, Borough, opposite Mr. Cunmer's shop—I saw the prisoner and another female coming out of the shop—when the prisoner was near the door she took a piece of print with her left hand, took it across her bosom, and tried to hide it underneath her shawl—I stopped her two or three yards from the door—she dropped the print—I said, "You have stolen that print, I shall take you back to the shop"—I could not take the other one—I am sure the prisoner is the person who came out of the shop—this is the same print.
Prisoner. You went straight from me to the shop, and picked the print up in the passage, taking me there by the arm, and asked Hooper to give me in charge; you told him there was something else gone, but he said, "No." Witness. I am quite certain I saw you come out of the shop, take the print, and drop it.
JURY. Q. What are you? A. I am out of employment—I was in the police, but left it last week—I was considered unfit for it, in consequence of a weakness in my limbs.
Prisoner's Defence. I went into the shop to buy some ribbon; a young girl with me looked at the print, and I had two yards of print on my arm which I was going to match; I do not know whether we pulled it down or not; the man came and took me.
Prisoner. You picked it up in the passage, and I was fourteen yards from the shop when you took me.
HENRY HEWIT (police-constable M 82.) I produce a certificate of the the prisoner's former conviction—(read—convicted July 1846, in the name of Julia Sullivan, and confined six months)—I was present at the trial—the prisoner is the person.
GUILTY.* Aged 16.— Transported for Seven Years.
MATTHEW HAMILTON . I am an engineer in the employ of Messars. Kibbel, Shephard & Co., lead-manufactures, in Love-lane; Mr. Kibbel's name is Henry; he has two partners. On the 2nd of Feb., in the afternoon, I saw the prisoners and two others on our premises, by the side of the counting-house, coming out of the melting-house, running towards me—Brewster had a bag in one hand, and three pieces of lead in the other—he threw the bag at me, and ran back—I called Casey, and he secured Brewater—I picked up the bag—it contained three pieces of lead—they are particular pieces of lead—we have a particular mould—I can swear this lead, which was found in the bag, is my master's property—there is still white lead adhering to it—the prisoners had no business on the premises, they were all together—Jones said, "It was not me, master—I had been to the privy."
Brewster. Q. Did you see me in the melting-house? A. No. I saw you in the act of coming out of it.
Jones. Q. Did you see me in the melting-house? A. No; I saw you coming out of it—I did not see you with any lead—from information I received from Cassey, I came around, and met you and two men—I was at the corner of the counting-house, and could see you.
EDWARD CASEY . I am in the employ of Messrs. Kibbel and Co. About half-past one o'clock on Tuesday, I saw the prisoners in the melting-house—I saw Brewster taking the lead from the heap, where we throw it out of the factory to melt it down—he took it to the other two—I went out at another door—Hamilton and I went after Brewster—he dropped the bag, and ran away—I followed him—he wanted to get over the wall, but I would not let him—I stopped him and brought him back—he said, "I have done nothing"—I said, "Yes, you have"—I did not see the faces of the other two.
JONES. Q. Did you see me take any lead? A. No—I saw you in the melting-house with Brewster.
JOHN ORE (police-constable M 194). I took theprisoner in charge—Brewster had the charge read over to him at the station—he said he had never had any lead in his possession—Jones said he was not with him; he had been to the water-closet.
Jones's Defence. I went down to the back of the premises, to the watercloset; a gentleman stopped me, and said I had stolen the lead; I had nothing to do with it, and was never near Brewster.
go through—there is a thoroughfare for ourselves, but it is private—the prisoners are not employed on the premises in any way.
JAMES BURTON (police-constable M 272.) I produce a certificate of the prisoner Brewster's former conviction—(read—Convicted April, 1845, confined six months, and whipped)—I was present at the trial—he is the person.
BREWSTER— GUILTY . (†)* Aged 18.— Transported for Seven Years.
JONES(†)*—— GUILTY . Aged 17.— Confined Six Months.
JANE OFFLEY . I am the wife of John Offley, who keeps a general-shop in Rotherhithe. On the 28th of Nov. the prisoner came to the shop, and said he came from Mr. Soames, a soap-boiler, at Wapping, to know if I wanted any soap—I told him I did not know such a person, and did not sell soap—he said, in consequence of the tide breaking in, there was a fourteen days' sale allowed by the Excise—he showed me a sample of good soap—I said it was not convenient, and he went away—he came again on the 1st of Dec,—I called my husband—he asked my husband what quantity of soap he would have—my husband said, "One stone and a half," the prisoner said, "Make it up a quarter of a cwt."—my husband agreed to do so—the prisoner said we could not have it that day, as the cart was delivering 2cwt. at Mr. Back's, and I should have it the next morning—I got the soap next morning, and paid the prisoner 9s., believing it to be good soap, and that Mr. Back had bought some—that was the reason I let him have the 9s.—I kept the soap till the Excise seized it—it was of no use at all as soap.
Prisoner. Q. What was the reason you did not mention the Exciseman and the soap-maker's names before the Magistrate? A. I did not know the Exciseman's name—I mentioned the soap-maker's name.
FREDERICK COCKRILL . I am foreman to Messrs. Soames, soap-boilers, of Water-street, Spitalfields. There is no firm of that name at Wapping—I do not know the prisoner at all—we had no damaged soap to be disposed of in Nov. last—we never sent the prisoner to Mr. Offley, and never authorized him to sell any soap—I have examined the sample here—it is not soap at all.
THOMAS BACK . I live in Swan-lane, Rotherhithe, about thirty yards from Mr. Offley's. The prisoner. come to my shop, to know if I would buy any soap—I did not buy any—I never saw the article—it is not true that any was being delivered at my house—I do not know any other person of the name of Back in the neighbourhood.
JOHN HARRISON . I am supervisor of Excise for the Rotherhithe district, and live in Devonshire-building, Dover-road. Any authority to sell soap for fourteen days would come from me—I gave the prisoner no permission to do so—I went to Mr. Offleys house, and saw the soap produced—it has all the appearance of soap, but is not soap at all—I seized it as being illicit, and made up in an unlicensed manufactory—it is not true that something had happened about the tide, and it was to be sold within fourteen days.
THOMAS MOORE (policeman.) I apprehended the prisoner, and told him it was for selling a bad article for soap, and taking several poor shopkeepers in—I took this piece from the quantity he was selling—Mr. Offley was with me—the prisoner said, "They can do nothing with me, I have sold it to them with their eyes open."
Prisoner's Defence. I was employed, at 2s. 6d. a day, by another person
who had a license to sell it—he gave me his license, so that I could sell it—I thought to have had him here, but I have been remanded so often that I could not—I did not know whether there was a soap-boiler at Wapping—I only said what I was told, that it was damaged soap, and was sold at 3d. a pound.
GUILTY. Aged 45.—Recommended to mercy by the Jury. — confined Four Months.
626. GEORGE LENNOX and JOHN JONES were indicted for breaking and entering the dwelling-house of Thomas Linsdell, at St. George the Martyr, and stealing 3lb. weight of cigars, value 3l.; and 4lbs. weight of cheroots, 2l.; his goods.
MR. WILDE conducted the prosecution.
THOMAS WEST (police-constable.) On the 22nd of Jan., between six and seven o'clock in the evening, I saw the prisoners and another in the old Kent-road, near Mr. Linsdell's shop—I followed them, and saw them go to the window—the other man was walking by the door—he then left, went, to the window, and looked in at the window—they all left the window—I went by, and saw that it was cracked—I went away to the same place where I had watched them previously, and saw them go three or four times more to the window with the other man—I went to the window, and saw part of the pane had been taken away—I went back again to where I had been watching them, and saw them go there again once or twice—they left—Lennox left first, and it seemed as if there was something bulky under his coat—shortly afterwards Jones left the shop with the other man, and joined Lennox a short distance; before he got to the cab-rank—they stopped at the cab-rank, and got into a cab, and the door was closed—I went to the off-side, and opened the door—as soon as I did so, Jones jumped out, and struggled to get away—he was sitting at the bottom of the cab—I pushed him into the cab again—I saw him in the act of putting his left hand into his pocket—I took his hand away, and felt a bundle of cigars—Lennox was handcuffed, and taken through the cab to the other prisoner—I found two bundles of cigars on the ground, and three or four bundles inside, broken up—another bundle was brought to me by another person—it was picked up where Jones jumped out—I took the prisoners into custody—I had seen Mr. Linsdell's window furnished with cigars before it was broken, and after it was broken I saw there were less cigars—I and another constable watched the window closely—no persons but the prisoners went up to the window, so as to be able to break it—a person went up once, but not near enough to break it.
Cross-examined by MR. O'BRIEN. Q. were you and your brother constable in your police dress? A. No, we were in plain clothes—we were 50 yards from the window—I did not give information to the owner when I first saw the prisoners, because I thought they were going to take the cigars—I only saw one person go into the shop while I was watching—I was watching a half or three quarters of an hour—I saw the cigars in the window after it was cracked.
Cross-examined by MR. PAYNE. Q. How many journeys were there backwards and forwards? A. Eight or nine—the extent of the longest was fifty or sixty yards—I was sometimes down a turning, peeping round a corner—the shop is near East-lane, Old Kent-road, 200 or 300 yards past the Bricklayers' Arms—the cab-stand is at the Bricklayers' Arms, in the middle of the road—I did not hear the noise of the glass breaking—I was 50 yards off—the hole was sufficiently large to take the cigars out—I pushed Jones into the cab—he was
on one side, and Lennox on the other—both doors wre open—I took him through the cab—if I had brought him round, the cigars might have gone—the cab man might have taken them.
JOHAN WHITLAMB (police-constable M 89.) On 22nd Jan. I was with West, in plain clothes, and saw the prisoners—there was a taller man with them, who has escaped—they were close to Mr. Linsdell's shop, but on the opposite side of the way—I saw them cross to the shop—I watched them—they went to the window full six times—I am positive of that—on the last occasions, Lennox left first, and after walking 150 yards, was joined by Jones and the man who has escaped—they got into a cab—the two prisoners sat opposite to each other—I opened the cab—Lennox rose up from his seat and a bundle of cigars fell from his lap into the bottom of the cab—he forced me from the cab—door in the first instance—I got him out by force and handcuffed him to Jones—the other man got away.
Cross-examined by MR. O'BRIEN. Q. What time of night was it when you first saw him? A. Between six and seven—they all went to the window on the last occasion—at the other time, sometimes one went, and sometime the other—on the last occasion their arms were very busy at the window.
Cross-examined by MR. PAYNE. Q. Were you up a court? A. No—I was at the end of a public turning—it was not a dark turning—a public thoroughfare—there is a baker's shop near—I did not stand up the turning and look round the corner—West and I were not together—he came to me once or twice, and left me again—I did not hear the noise of glass breaking.
Cross-examined by MR. O'BRIEN. Q. Were you in your police dress? A. Yes.
THOMAS LINSDELL . I live at Yeoel-place, Old Kent-road, in the parish of St. George the Martyr, Southwark—I missed some of my property from my shop on this day—I had furnished the window about ten minutes before—there was then a good supply of cigars, and no glass was broken then—about eight o'clock the police came to me—I examined the window—the glass was broken, and a great quantity of cigars gone—I have examined the cigars produced—they are similar to mine—I had sold none from the window—have no doubt of their having been moved away from my window—there was nobody in the shop to have removed them.
Cross-examined by MR. O'BRIEN. Q. What time the bundles put in the window? A. One bundle at ten minutes before six o'clock, the others were there before—a female served in the shop, not my wife—she is not here—I was out that evening from six to half-past eight o'clock.
Cross-examined by MR. PAYNE. Q. Do you call your name Lindsell? A. No, Linsdell—it is written up so over the shop.
MR. WILD. Q. Have you any doubt of the cigars being your property? A. Not of this bundle, which has "Silvas" written on the band.
MR. O'BRIEN. Q. Why do you speak so positively to the bundle? A. Because they were sent to me that evening, and they are peculiar cigars.
COURT. Q. What quantity did you lose? A. About 10lbs.—I am not in the habit of selling 10lbs. at a time.
MR. PAYNE. Q. Did not a person get out, and you seised Jones by mistake? A. No.
(Lennox received a good character.)
LENNOX— GUILTY. Aged 27.—Recommended to mercy by the Jury. — Confined Six Months.
JONES**— GUILTY . Aged 26.— Transported for Seven Years.
MR. PARRY conducted the Prosecution.
WILLIAM CHARNOCK . I am a plumber and painter, and live in Wandsworth-road. On Wednesday night, the 9th of Dec., I was returning home along the Newington-road—a girl named Ann Alexander, who was convicted last session, came up and asked me to treat her—in a few minutes I felt a pull at my watch, and felt it distinctly drawn from my fob—I seised hold of Alexander, and gave her into custody—this is my watch.
Cross-examined by MR. PARNELL. Q. Did you see anybody else? A. As far as I could see there was another female besides Alexander, and two males—I never saw the prisoner to my knowledge—I was bonnetted directly.
WILLIAM HUNT . I work for Mr. James Pearce, a tripe-dresser, in Bermondsey-street. I have known the prisoner fourteen or fifteen years—on a Friday in Dec, he asked me to pawn this watch for him—I pawned it for two guineas, and gave him the ticket and money, 2l. 1s. 10d.
Cross-examined. Q. Have you known him intimately? A. Yes—he calls me Billy Hunt—I know Mr. Walter, the pawnbroker—I work close by him—I knew him better than the prisoner did—the prisoner told me to uk 2l. 10s. on the watch—he did not tell me where he had got it—he said he wanted some money to pay Mr. Fox, a gentleman who was with him—the prisoner is a boot and shoe-maker—he has borne a good character.
MR. PARRY. Q. Did he send for you to his shop? No, I met him and Fox in Bermondsey-street—I had never pawned anything for him before.
Cross-examined. Q. What did he ask for the watch? A. 3l.—he had been in our shop before—I knew him better than I did the prisoner.
JOHN WRIGHT (police-constable M 63.) In consequence of information I took the prisoner on Wednesday, the 16th Dec., in Kennington-lane, just outside the police-court—Alexander was in custody at the time, and was remanded—I told the prisoner he must go with me into the station—he said it was all nonsense, there was no necessity for that—I said, "I must take you in charge"—he said, "I bought the watch of a Jew in Bermondsey-street"—I had not then mentioned the circumstance to him—I told him I must take him to the station, and charge him, which I did—he showed me the duplicate at the time he told me he bought the watch—he said he had sent Hunt to pawn it.
Cross-examined. Q. You had not said a word to him about what you took him for, before he named the watch? A. I did not mention the circumstance—he spoke to me first—he said, "Good morning"—I knew him before—I said, "You are the person I want; you must go into the station.
with me"—he directly answered, "I bought the watch of a Jew in Bermondsey-street"—nothing was said about it before—Hunt was in the public-house—he had been taken the day previous.
MR. PARRY. Q. In all probability the prisoner knew that Hunt had been taken into custody? A. He did—this is the duplicate—it is dated the 11th of Dec.
MR. PARNELL called
ELIZABETH GARD . I live with my father and mother at No. 212, Bermondsey-street—I am twenty-three years old. I recollect on Friday, the 11th Dec., the prisoner came to our house to measure my father for a pair of boots—I recollect seeing this watch on that occasion—a Jew came in with a box of jewellery, containing rings and trinkets and this watch—he offered to sell some to me—I did not purchase anything, but the prisoner, after a great deal of conversation, purchased this watch—the Jew asked 4l. for it—the prisoner said he would give him 2l.—he ultimately gave him 3l., after a great deal of conversation—I think I have a recollection of having seen the hawker before—I do not recollect that I have had any dealings with him—I have known the prisoner from my childhood, sixteen or seventeen years—he has had a very good character—he is a boot and shoe maker—my father is a leather dryer by trade.
MR. PARRY. Q. What time in the day was this? A. From twelve to one o'clock—I should think half-past twelve o'clock, as near as possible—there was a man came into the shop to purchase a bunch of turnips, but there was no one in particular in the shop, but Mr. Abbot and myself—my father was at work—the prisoner came to measure my father, but he was not at home; and as the prisoner was standing in the shop this hawker came in—I have not seen the hawker since, to my knowledge—the prisoner paid for the watch with three sovereigns in gold—we have been in that house eight years, and in Bermondsey-street twenty years—I do not know where the hawker lives—he had jewellery and a line of watches in his box—I cannot say how many watches he had—he did not ask me to buy this watch—he asked me to buy something—I was not called upon to go to the office—Mr. Abbott called about a week after the watch was bought and asked me if I remembered it—I did not notice the watch—all I know it by is the ribbon and seals—it was a flat watch—I suppose this is it.
ANN GARD . I am the mother of Elizabeth Gard—we keep a greengrocer's shop in Bermondsey-street. I recollect Mr. Abbott coming to our house on a Friday—I cannot say the day of the month—I was in the back room adjoining the shop—in that room I can hear voices in the shop, but when the door is shut I cannot hear a word that is said—whilst the prisoner was there I heard two people talking, but I could not hear the subject of conversation—I have known the prisoner between seventeen and eighteen years—he has carried on the trade of a boot and shoe maker; and so far as I have known he has been a very honourable man—he came that day to measure my husband for a pair of boots—he has made boots and shoes for us ever since I have known him.
THOMAS FOX . I am a corn-chandler, and reside in Brandon-street, Walworth. I have known the prisoner twenty years—he has worked for me sixteen or seventeen years—I never heard anything against him in my life—I have lent him money, and he has lent me money—on Friday, the 11th of Dec., I went to his house—he was not at home—his wife said he was gone up Bermondsey-street—I went up Bermondsey-street and overtook him, from half-past twelve to a quarter before one o'clock—I had lent him 2l. the week before, and told him I should want it on the Friday following—he
said he had forgotten the day I named—I said I hada payment to make on that day, and the 2l. would quite disappoint me—he said he had just bought a watch, and he produced one something like this—he said if I wanted the money so particularly as that he would pawn the watch—we walked up the street and met Pearce's man, Hunt—the prisoner asked him to go and pawn the watch—I think he told him to ask 45s. or something, I do not know exactly what.
NOT GUILTY .
GEORGE QUINNEAR (police-constable P 201.) On Thursday, the 21st of Jan., I was on duty in plain clothes. About twelve o'clock in the day, in the London-road, I saw the prisoner, and another young man in company with him—they walked close behind a gentleman, and I saw the prisoner draw this handkerchief from under his coat tail—he secreted it in his breast—he perceived that I was about to catch hold of him—he ran away—I ran after him and caught him—he threw the handkerchief away—my brother officer picked it up—when I took the prisoner he asked what I took him for—I told him I would tell him presently—when Smith came up I asked him if he had got the handkerchief—he said he had—the prisoner then said, "So help me G—I never saw a man look so square"—I asked him what he meant—he said he took me for a commercial traveler; he did not think I was a b—cad, which it appears is a name they have for a policeman in plain clothes—I do not know who the gentleman was that he took the handkerchief from.
Prisoner. You said, "I want you;" I said, "What for?" you said, "For taking a purse from this lady." Witness. I never said a word about a lady, nor about a purse.
WILLIAM SMITH (police-constable P 302.) I was with my brother constable—I saw the prisoner take the handkerchief from the pocket—he got three parts of the way across the road—he looked over his shoulder, and saw the constable—he then threw down the handkerchief—I picked it up and ran another way to meet him—I saw him take the handkerchief, and he ran about fifty yards before he threw it behind him.
Prisoner. Q. Where did this happen? A. On the side of the Philanthropic Institution—you were taken by the Borough road nearly—I did not go and speak to the gentleman, knowing the neighbourhood was so low, I thought if I had we should have lost you—you said if we had gone into that low neighbourhood, we must stand by for our heads—I had two handkerchiefs in my pocket, but this one was not in my pocket.
Prisoner's Defence. This man was running after somebody else, and he lost sight of him; he came to me, and said, "I want you;" I said, "What for?" he said, "I am a policeman;" I said, "You look like a commercialtraveller;" first they said, "I stole 2s. 11d., or something, from a lady—if he saw me pick a gentleman's pocket, why did not he speak to him?
CHARLES BURGESS GOFF (police-sergeant L 8.) I produce a certificate of the prisoner's former conviction at this Court—(read-Convicted 12th May, 1845, and confired three months)—the prisoner is the person—I have known him to be a thief for a number of years.
GUILTY . Aged 23.— Transported for Seven Years.
SMITH pleaded GUILTY . Aged 35.— Confined Eight Months.
GEORGE QUINNEAR . (police-constable P 201.) About six o'clock in the evening, on the 18th of Jan., I was in the Old Kent-road—I saw the two prisoners in company, and watched them for three quarters of an hour—I saw Smith open the garden-gate of the house No. 3, Surrey-place, Old Kent-road—he went up some steps to the door—he looked up at a number of boots that were exposed for sale at the shoe-maker's shop next door—they hung about ten feet from the ground—he went out again, and joined Johnson, who was standing three or four yards from the garden-gate, about seven yards from where the goods were—Smith returned and cut down this pair of boots, and walked away with them—I heard some person cry out—Smith threw the boots down, and both the prisoners walked away in the same direction—I took Smith—Johnson ran away—my brother officer pursued and brought him back.
ROBERT ROWLAND . I am in the employ of Mr. Charles Barnard, of No. 2, Surrey-place. About six o'clock on the evening of the 18th Jan., I saw Smith's hand on the bar—he cut the boots down—I saw his face, and saw his hands—I could not swear it was his face, but I believe it was him—he went off—I followed him—he threw the boots down before my feet—I picked them up—these are the boots—they are Mr. Barnard's property.
WILLIAM SMITH (police-constable P 302.) I saw the prisoners in company about twenty minutes before this happened—I saw Smith place himself at the back of the door—the boots hung about ten feet from the ground—he came down, and came to Johnson, about ten yards from the shop—Smith went back, cut the boots down, and the prisoners walked away together—my brother constable took Smith—Johnson ran away—I ran, and took him in Surrey-square, about 300 yards off.
Johnson's Defence. In coming down the Kent-road, I met the prisoner; he said, "Bill, what are you doing at the Docks?" I had worked there with him; he asked me to go down the road with him to see his mother; I went; he went in, and came out, and said she was not at home; we walked about, and he went back again; he came out, and said, "She is gone up stairs to get me 1s.;" soon afterwards I heard some boy calling out, and I ran off.
JOHNSON— NOT GUILTY .
Before Mr. common Sergeant.
GUILTY . Aged 17.— Confined Three Months.
631. ELIZABETH BROWN was indicted or stealing 1 purse, value 1s.; 1 pair of gloves, 1s. 6d.; 10 sovereigns and 2 half-sovereigns, the property of John Goulding; and MARY KEEFE for feloniously receiving the same, well knowing them to have been stolen.
JOHN GOULDING . I live in Adam's-place, High-street, Southwark, On the 29th of Dec. I was in a public-house in Suffolk-street—I pulled out my purse, and changed a sovereign—I had then ten sovereigns and two half-sovereigns in the purse—I placed it in my left-hand trowsers' pocket—I left the public-house tipsy—I afterwards met the prisoner Brown—I went with her to No. 9, Revell's-row—we went up stairs, and I then caught her hand in my right-hand pocket, where I had some change—I said,
" I seen you to rob me, I want nothing further to do withy you"—I wanted to go away, but she fastened me in, I believe—I fell asleep, and a sister of the party who keeps the house came up and aroused me—I put my hand into my pocket, and missed the purse with the ten sovereigns and two half-sovereigns in it—the women who came up to me, said, "the women you were with up stair, is down stair, you had better go down and talk to her about it"—I went down, and brown said she had not taken it—I said, "I can't afford to lose it, I will gave you a sovereign if you will give me back the remaining part"—she laughed at me—I went away—I came the next morning, and told the policeman of it—we caught both the prisoners in the Causeway—they threw themselves down, and began to throw down what they had—I picked up four sovereign and five half-crowns—I lost a pair of gloves, a memorandum-book, and the purse—the purse and the gloves are here—keefe was not at the house where I lost my property, to my knowledge—she was there when the money was drooped in the causeway—they were taken at the Causeway, and taken to the station—I said in Irish," give me my money, I want no more to more to do with you"—Brown said she had spent the remainder to buy some things she wanted.
Cross-examined by MR. BALLANTINE. Q. Did anybody hear that which you have just told us? A. The policeman heard us speak in Irish—I was drunk—it was Mary M'Dermott who came up stair to me—there was nobody in the room but Brown, and I caught her hand in my right-hand pocket—I I then put my hand into my left-hand pocket—I found the purse there, and I buttoned my pocket—I did not talk with M'Dermott—I had not introduced Brown to anybody I called my sister, or to any women at all.
MARY M'DERMOTT . I live at the house, No. 9, Revell's-row—the prosecutor came there with the prisoner Brown, about one o'clock—they went up stair and had gin—Brown came down at a quarter to three—she left the gentleman asleep up stair—she told me mind him—I went up stairs—he said he missed his purse—I told him the person who had been with him was down stairs—he came down, and asked Brown for his purse—she said she had not got it, and that he was with other company before he was with her—he sat on the sofa, and began to cry—she laughed at him, and so did I—he went out and retuned, and looked at the number—he said, "Is this No. 9?"—I said, "Yes"—he came back again, and asked Brown for his purse—she shut the door in his face—Brown told me she had a gold watch pledged at Mr. Nash's, in Suffolk-street, and a table-cloth and two sheets for 5l., and she did not know how to take them out, to make more than they were pledged for.
cross-examined. Q. You and Brown slept together, did you not after the prosecutor had gone out? A. Yes—she told me of having the watch and things in pawn a week or a fortnight before that—I had not seen the prosecutor till he came to my sister's house—I had seen Brown twice—the gentleman she was with before was robbed of 2l.—knowing this, I sat on the sofa and slept with her—I did not suspect her—she did not tell me of the robbery—I awoke the prosecutor directly I went up.
MARY ANN RANDALL . I searched the two prisoners when they were brought to the station—on Brown I found these gloves, a pair of child's shoe's, and 5s. 7d.—on keep I found this purse and this watch, belonging to the South Western Railway—the name is on it—Brown first said she bought the gloves to keep her hands warm and then she said the girl at the house where she had been, put them into her pocket—Keefe said nothing about the purse.
Cross-examined. Q. where did you find the four sovereigns? A. In the street, when we detected the prisoners—they both dropped them between them—I cannot say that one did it—I picked up two sovereigns and two half-crown, and then two sovereigns and three half-crowns, which I handed to the policeman.
WILLIAM DERRY (police-constable M 26.) I went to Keefe's house—she was not at home—while I was speaking to the landlady, she came to the door—I afterwards saw the two prisoners together—I watched them, and saw them go to a shoemaker's shop—I afterwards took them—while they were in custody, Brown dropped two sovereigns and two half-crowns and keefe, I believe, dropped two sovereigns and three half-crowns—Brown also dropped a gold watch—Keefe threw herself down when I endeavoured to take them both, and a mob came round—I believe Keefe dropped two sovereigns and two half-crowns, and I believe Keefe dropped the other two sovereigns—the three half-crowns I know she did, but I cannot say about the sovereigns.
Cross-examined. Q. How came you to swear the money did fall from Keefe before the Magistrate A. I did not see it come from her hand, but it fell from some part of her person—they both resisted and struggled very much.
BROWN— GUILTY . Aged 22.— Confined Nine Months.
KEEFE— NOT GUILTY .
632. LOUISA HARRISON was indicted for stealing 6 shirts, value 1l.; 6 towels, 5s.; 5 table-cloth, 2l. 2s.; 7 sheets, 3l.; 3 shifts, 5s.; 1 handkerchief, 1s.; 5 pillow-cases, 10s.; 1 cap, 1s.; 1 saucer, 1s.; 1 ornament, 1s.; 1 jug, 6d.; 1 spoon, 5s.; and 1 basin, 1d.; the goods of Richard Jude, her master: and WILLIAM HARRISON for feloniously receiving, comforting, harbouring, assisting, and maintaining her, knowing her to have committed the said felony.
MR. ROBINSON conducted the prosecution. BETSEY JUDE. I am the wife of Richard Jude—we live at No. 12, grosvener Park North, Camberwell-road. Louisa Harrison was in my service—she came on the 2nd of Dec. and remained till the 25th—on that day I had occasion to send her to the chemist's for a few trifling articles—I requested her to make haste back—she ought not to have been more than ten minutes or a quarter of an hour—she was gone an hour and twenty minutes, and came back quit intoxicated—I went to a friend—he came in and saw her—we went to her husband, who came and took her away—he said she had been home, and the landlady gave her a glass of something to drink—they went away together—I emptied her box out, and found a cake of scented soap, some raisins and currants, and a battle with some gin—I then looked at my plate, and missed a silver spoon—soon after the prisoners came back, and the man requested me to take the women into my service again, which of course I refused—I gave them her clothes over the gate, and said there was a spoon missing—she declared she knew nothing of it, it must be in the wash-house—I said I would look, and if it was not found when Mr. Jude came home, they would hear further about it—in half an hour afterwards, William Harrison brought the spoon back, and said if there was anything else missing it should be brought back—I had tied Louisa Harrison's things up in the bundle before I missed the spoon—I could not have put the spoon into that bundle—in the course of the day I missed two pairs of linen sheets, pillow-cases, shirts, a little child's jug and basin—these are the articles—(looking at them)—I believe them to be mine—these plates are such as I lost—I missed
a plat-rack full of them—these sheets and shirts are mine—the things are worth between 8l. and 9l.
WILLIAM MORTON (police-sergeant P 7.) On the 31st December I went to the prisoners lodging—I saw William Harrison and other his son—I told them I came to take charge of William Harrison for being concerned with Mr. Harrison in stealing some shirts, a silver spoon, and other things of Mr. Jude—he asked if I was aware that he had had his house searched before—I said "Yes"—he said he had had advice upon it, and I had better mind what I was about—I found these plates and some other things there—he said, "My son is not accountable for pawning the things"—the next day I went to the house and found Louisa Harrison—the door was fast—I threatened to break it open—she opened it and said "what is it"—I said she was charged with robbing her mistress Mr. Jude—she said, "My husband is quite innocent", and said, "There was quite plenty without putting the spoon upon me—I never saw it in the bundle till I came home, and Mr. Jude must have put it in"—I saw a jug there—I said, "that is Mr. Jude's"—she said had brought it with some broth in it, and she was very sorry—next day I went to their lodging again—one room had been denied as being occupied by them—I searched that room and found 155 duplicates—this small ornament and this cup and saucer were in a hamper—five of the duplicates relate to this charge.
Cross-examined by MR. BALLANTIAN. Q. I suppose from the nature of the articles you found the prisoner had been in great distress? A. I cannot answer that—I found things with other persons' name in full on them.
EDWARDS BURLS . I am a pawnbroker, and live at Walworth. I have a shirt pawned with me on 8th Dec.—I do not know by the whom—I have a shirt and two pillow-cases pawned on 21 Dec. by the male prisoners—they are marked B. Jude—on the 19th Dec. a youth offered a shirt—I believe he was the son of William Harrison—I refused to take it, and he went away—William Harrison then brought that shirt, and said it belonged to himself—that had the name of Jude on it—it has been since redeemed—William Harrison has been in the habit of pawning things with me—I have known him for two years.
Cross-examined. Q. As far as you know he is a respectable person? A. A man who had been in better circumstance, but reduced—the boy brought a shirt with the name of Jude on it—he took it away, and the father brought it—I lent 1s. 6d. on it—that and the other two articles I have named are the only three in connection with which I have seen William Harrison.
LOUSA HARRISON— GUILTY . Aged 35.— Confined Four Months.
WILLIAM HARRISON— NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
JANE ELMS . I am a window—I reside with my son henry, at No. 4 pearl-row, Southwark—I am a free member of a burial society held at the Crown and Anchor beer-shop, in Webber-street—the prisoner was in my son's employ, and he lodged and boarded in the house—my son is a cow-keeper—I was in the habit of sending the prisoner with money to the club—on the second Wednesday in every four weeks' I gave him 8d. for myself, and 6d. for Mr. Bryan, to pay our four week's club with it—he had both the cards—these are them—this is my card—I cannot tell whether I gave him any money on the 9th Dec., but I gave it him every second Wednesday in a month—he went away taking this card and the money—he has filled the card up and brought it
home to me—I paid 2d. a week—it ought to be paid every fortnight, but I used to pay it every month, because I had a little money to receive—I cannot read, but gave the prisoner the money and the cards together—he brought the cards back—I said, "Is it all right?"—he said, "Yes"—gave me the cards, and I sent Mr. Bryan's—he left my son's service on the Tuesday morning, as my club money was to be paid on the Wednesday—I found my name had been erased for half a year, although he kept taking my money.
Cross-examined by MR. PARRY. Q. Are you married? A. No—we all live in one house—my son keeps a milk-shop—I now and then gave the prisoner a penny, not always—I did not give him anything the last time.
JOHN TOBIN I live at No. 26, Elliott's-row, Southwark—I am secretary to the Union Burial Society—Mr. Elms was a member of that society—she would have to pay 4d. a fortnight, or 8d. a month—the prisoner has brought me money for Mr. Elms—I think the last time he brought it was on the 7th of Jan. 1846. and then Mr. Elms's name was erased—when subscriptions are not paid, the persons cease to be members—that is done by the committee—I was present in June when a resolution was come to that Mr. Elms should no longer be a member—her name continued erased for six months—when the money was brought, this card was brought with it, and the money was put money on it by me—this entry on the 9th of Dec., 1846, is not mine, nor any entries after Jan., 1846.
Cross-examined. Q. How many other person receive money besides you? A. Nobody—the treasurer takes the money after I receive it—the members give me the card and the money—Mr. Smith is the only committeeman who ever takes money—he is here—I can swear to my figures on this card—this Jan. 7th, 1846, is my writing, but there is none of mine afterwards.
MR. ROBINSON. Q. On the 9th of Dec. were you present when the money would be paid in by persons? A. Yes, and none was paid in for this card—I understood the prisoner brought the money, but not till six months after Mr. Elms's name was scratehed out—I do not know what money he brought—I suppose he brought it about the middle of June.
Cross-examined. Q. After the 9th of Dec. did he not bring you any money? A. No—after June I would not have received it—I told him so—if he brought the money on the 9th of Dec. I would not have taken it—I sent a notice to Mr. Elms that her name was erased.
MR. ROBINSON. Q. Did you sent, or leave her notice? A. I left it with a little girl at Mr. Elms's house in Pearl-row, in April last—I admitted her again last meeting night.
SMITH. I have not received any money of the prisoner since Dec., 1845.
HENRY BARRETT (police-constable M 171.) I took the prisoner into custody—I told him it was for embezzling various sums of money of Mr. Elms, in Pearl-row, and he must go over the water with me—he said it was a bad job—he hoped I would not lock him up.
COURT to JANE ELMS. Q. I think you said the prisoner was your son's servant? A. Yes, I live with my son, and keep his house for him—he has no wife—the prisoner was in the kitchen the same as ourselves—he was to carry out milk and to do anything—I sent him, whenever I pleased, for anything I wanted—my son wished him to do anything for me that I asked him.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to mercy by the Jury and Prosecutix. — Confined Tow Months.
SARAH WILCOCKS . I am the wife of William Wilcocks; and live at Wandsworth. The prisoner came to nurse me during my confinement. On the 21st of Dec. I missed a table-cloth, a waistcoat, and these other articles—they are all here, and are ours.
JAMES CLAPHAM BUTLER . I am a pawnbroker. I produce these articles—they were all pawned by the prisoner—I know he was in the depth of distress—they were pawned at several times, and for 4d. or 6d. at a time.
GUILTY. Aged 32.—Recommended to mercy. — Confined Two Months.
GUILTY . Aged 18.— Confined Three Months.
636. SARAH SMITH and ANN DAVIS were indicted for stealing 4 yards of carpet, value 6s.; 1 rug, 5s.; 1 set of fore-irons, 6s.; 2 looking glasses and frames, 10s.; 2 blankets, 9s.; 1 counterpane, 8s.; 1 tea-board, 4s.; 1 table-cover, 2s.; 1 pair of snuffers, 6d.; 1 snuffer-tray, 3d.; 1 set of bed-furniture, 4s.; and 2 sheets, 3s. the goods of Hannah Butler.
HANNAH BUTLER . I am a widow, and live in Granby-street, Lambeth. On Friday, the 22nd of Jan., about three o'clock, the prisoner Smith came to me and took a furnished lodging—next evening, between seven and eight o'clock, I Went into her room, and missed the bed-furniture, the carpet, the rug, and all these other things—Smith did not come home till five o'clock on Sunday morning, and Davis came with her—Davis had been there the same evening that Smith took the room, but I did not see her—I gave them into custody—these articles are my property.
RICHARD ORTON . I am shopman to Mr. Dickens, a pawnbroker. I have a sheet, pawned on Friday evening, the 22nd of Jan., by two females—to the best of my belief the prisoners are the parties—I do not swear to them.
Smith. You must have known it was Mr. Butler's Witness. I did not know that you lodged there at time.
ELIZA ANN DYE . I lodge at the prosecutrix's house. I saw the persons who took the room, but I could not swear to them—I heard two persons talking in the room, and about seven o'clock on Saturday evening I hears one person go out, and the other locked herself in the room—to the best of my belief the prisoner are the women.
Smith's Defence. There was a door from the next room to the room I had, and more unfortunate girls live in the house.
SMITH— GUILTY . Aged 21.— Confined Six Months.
DAVIS— NOT GUILTY .
ELIZA SMITH . I am the wife of John Smith—we live in St. Giles's. On the 24th Dec. the prisoner hired a furnished room of me, and left on the 4th Jan., without notice—I missed a blanket, a quilt, and a fender—these are them.
Prisoner. I was living with a young man who ill used me, and burnt and tore my things; my things were taken by a young man who lived in the house.
GUILTY . Aged 20.— Confined Six Months.
MICHAEL LYNAM . I live in Tooley-street—I was employed in digging drains at Wandsworth. On the 24th Dec. I left my pick-axe at the Giraffe public-house, and I lost it—I found it at the pawnbroker's—to the best of my belief the one now produced is mine.
NOT GUILTY .
639. JOHN HERITAGE and JOSEPH JONES, alias Richard Boxall , were indicted for stealing 5 live tame fowls, price 1l. 10s.; the property of John Vaughan: and JOHN LAMBERT for feloniously receiving 1 tame fowl, part of the same, knowing it to be stolen; and that Jones had been before convicted of felony.
JONES* pleaded GUILTY . Aged 19.— Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
JAMES KENDALL . I am groom to Mr. John Vaughan—he lives at Old Peckham—my master had nine fowls, which were in my care—I saw then safe at five o'clock in the evening of the 23rd Jan.—the next morning five were missing—I afterwards saw four of them.
Cross-examined by MR. PARNELL. Q. Did you count them when you saw them at five o'clock? A. Yes—they were my master's—they were there when I entered the service nine months ago—this is the leg of one of them I know it by a wort on it.
RICHARD HAMBROOK (police-constable P 109.) On Saturday evening, 23rd Jan., I pursued the prisoner Jones—after taking him, I found, in coming back in the footsteps we ran, one fowl—it was shown to Kendall, and he claimed it.
Jones, and went to Lambert's house on the morning of the 24th Jan.—I knew before that where he lived—he was not at home—I searched, and in bonnet-box in a chamber, I found a fowl which was picked—I found Heritage the same day—I told him he was charged with Boxall with stealing he fowls—he said, "I know nothing about Boxall or the fowls"—his father, who was present, said, "I have advised you several times to keep out of that gabond's company"—Heritage said, "I am all right"—in taking him along, he said, "It is that b—y Boxall—I have pretty well kept him ever since he has been out of prison—if be gets over this, I will give him something he won't get over—he has led me astray two or three times, but I will lead him astray this time, I will tell the whole truth, on the Monday afterwards I saw the three prisoners together—I repeated, in presence of Heritage, hat Jones had said to me—Jones was asked if it was correct, and he nodded to it—I told Heritage that Jones stated he was with him at the time the policeman saw him in the Kent-road, that he had two cocks strung round him, and Jones had three, and he was to go to John Lambert's, is the Kent-road, who would be sure to take them—I then told Lambert what Jones had said about him—he said he knew nothing of either of them—that he was going to Brown's-fields on Saturday night, and he kicked against the fowl, which I found in the bonnet-box.
Cross-examined. Q. Had you seen Heritage before? A. I may have been him—I have no knowledge of him.
GEORGE LEADBEATER . I am an ostler—I reside in King's Reach-walk—I know the prisoners. On Saturday, 23rd Jan., I saw Boxall and Heritage in Rye-lane, Peckham, at four o'clock—I heard Heritage ask Boxall if he would go with him—Heritage said, "If we get anything to-night we will take it to Johnny's"—Boxall said no, he was afraid—Heritage then asked me if I would go—he did not say where, nor what it was for.
MARY BOXALL . I am the mother of the prisoner Boxall—he lives with me and my husband. On Saturday evening, 23rd Jan., he was at home between three and four o'clock, and took tea with me—he went away, and I never saw him any more till he was in custody on the Monday—I know Heritage by sight—I have seen him come to my son—on that Saturday night he came about eight o'clock, and he asked for Dick—I said, "I am sure I don't know where he is Jack—I have not seen him since between three and four, I was wondering what had become of him"—he said, "Good-night," and went away.
NOT GUILTY .
GEORGE STEVENS . I am a carrier out of Kent. I put up at the Spur Inn, in the Borough—I have been in the habit of employing the prisoner at different times for the last four or five years. On the 28th of Dec. I gave him a sovereign to go to Bishopsgate after a bag of shot, and to call at Mr. Ruff's for some bacon—he returned to more till he was apprehended.
Prisoner's Defence. I lost it; that is all I have to say.
GUILTY . Aged 27.— Confined Six Months.
Before Mr. Recorder.
641. THOMAS REDFORD was indicted for stealing part of a brass lamp, value 4s.; part of one other lamp, 1s.; 2 cap girtings, 2d.; 1 drip cap, 2d.; 2 nozzles, 4d.; 1 metal ring, 2d.; the goods of Elizabeth Young, his mistress: 2nd COUNT, stating it to be 3lbs. of brass; to which he pleaded
GUILTY. Aged 13.— Judgment Respited.
MR. CLARKSON conducted the Prosecution.
WILLIAM BURBIDGE . I live in Bridge-street, Southwark, and conduct the business of my late father, for his executors—Thomas Keene is one, and there are others—it is a wholesale hat and cap manufactory—about the 9th of Nov. the prisoner Gerhard came to the shop—he said he was going to open a shop at the Triangle, Kennington Cross, and wanted a few hats and other things—he selected about 40l. worth—I asked him for a reference, and he gave me one to a Mr. Maymott, No. 13. Charles-street, Northampton-square—I either wrote or caused a letter to be written to Mr. Maymott, and received an answer—I took the answer to Mr. Maymott, to know if it was his hand-writing—he said it was—after having received this letter, and seen Maymott myself on the subject, I permitted Gerhard to have ten or twelve dozens of hats, on the 14th of Nov., amounting to 40l. some odd shillings, and on the 16th of Nov. I sent him good to the amount of 11l. 4s. 9d.—I went to the shop about a month afterwards, and saw the goods—I went to the shop again shortly after Christmas, found it shut up, and no one on the premises—when Gerhard came to me he had whiskers and no mustachios—I have never been paid a farthing.
COURT. Q. In what state was the shop when you went there within a month? A. It had goods in it, though I do not think there was anything like the quantity we sent.
Cross-examined by MR. PARNELL. Q. It was opened as a hat shop? A. Yes—I think there was nothing but hats had caps—it was after Christmas I saw it shut up—I was aware some goods had been seized for rent—I took a guarantee from Maymott—I was satisfied with it, or I should not have let the goods go—it is not unusual for persons who give a reference to get goods.
THOMAS COTTER . I am clerk and warehouseman to Messrs. Keene and Co. On the 14th of Nov. I gave some goods out to be taken to Gerhard's shop, at Kennington Cross, and on the 16th I gave some more to be taken to the same place—here are a dozen of those hats here—on the 9th of Jan., from information, I went to Mara-place, Old Kent-road—I there saw twenty hats—I went on the Tuesday following with Serjeant Archer, and took possession of them—they were in the care of Mr. Gilmore.
Cross-examined by MR. PARNELL. Q. You did not see either of the prisoners at the Kent-road? A. No—I saw Gerhard but once, when he first came to me to buy the hats, and we received a letter on the 17th or 18th of Dec., requiring 20l. worth more, saying, that having expended all his money in hosiery, he could not pay for them just then, and we declined to send them.
JAMES CHAMBERS . I am carman to messrs. Keene and Co. I delivered these goods at the Triangle, one parcel on the 14th and the other on the 16th—the prisoner Gerhard signed my tickets—he had no mustachios then, but he had whiskers which he has not now.
RACHAEL COHEN . I live in Ann's-place, Whitechapel—I deal in fur and caps—I have known Gerhard eighteen or nineteen months—his wife is my cousin—I know a man who goes by the name of Maymott; his name is Walker, I have known him as long as I have Gerhard; they are friends—I
know Baker by the name of Bennett—I have seen Maymott and Gerhard together; I have not seen Baker with them—just before Christmas I went to Gerhard's shop at the Triangle—Gerhard was not at home—Maymott called in—he asked if Mr. Gerhard was within—Mr. Gerhard said, "No," and asked what he wanted—he said he wanted Mr. Gerhard to go to Mr. Burbidge for more hats—Mr. Gerhard said, "No, he sha'n't go for any more"—Maymott said he should go, because Burbidge was very sweet—three days after I went to the house again—I saw Gerhard there, and Maymott was there with him—there were not so many hats there then as there were the first time I went—Icannot say how often I went to the shop altogether—I went several times—I mostly found Maymott there—on one occasion, (a month before Christmas,) I heard Maymott tell Gerhard that he had sold part of the hats to Levy—on another occasion I heard Mr. Gerhard ask her husband what he had done with the hats—he said he had sold them—I heard Mr. Gerhard say that Mr. Bennett had been one reference, and Maymott (that was Walker) was the other—she said Mr. Bennett was to have some of the hats, but she would not have them when they wanted her to have them.
Cross-examined by MR. PARNELL. Q. Do you know a person who goes by the name of Ann Jones? A. No—I never went by that name myself in my life, nor by the name of Mr. Nye—I am a Jewess—I do not live with my husband—I had one child by my husband, which I can prove by my vestry—I went before the vestry just before I had that child—I did not swear before the High priest that I was not with child; certainly not—I have lived with nobody but my mother since I lived with my husband.
JAMES GILMORE . I live at No. 4, Maria-place, Old Kent-road. On Tuesday, the 12th of Jan., I delivered up the hats, in twenty hat-boxes, to the policeman and the witness—they are now in Court—these boxes contain hats and caps—I am a broker—I received them about the 27th of Dec., from Mr. Gerhard—he brought them with several other things for sale—there were two other persons with him when he came—there was a van load of fixtures, a counter, shelves, chairs, tables, and other things—I did not know they were coming at that time—I knew they were coming, for Gerhard had applied to me to buy them—he said he had been in business, and could not make it answer, or something of that kind—I did not know the parties who came with him, but he said to one man, "Sparks, hand down that counter?"—I bought the things of him, and gave him 4l. 4s. for them—I did not buy the hats—I do not deal in hats—Gerhard said he would send for them again—in the meantime I received a warrant from the landlord for the rent, and I detained them—I delivered them up to the policeman.
Cross-examined by MR. PARNELL. Q. Y