CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD MARCH 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 GOAL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 1st March, 1847, and following Days.
Before the Right Hon. SIR GEORGE CARROL, Knt., LORD MAYOR of the City of London; the Right Hon. Sir Frederick Pollock, Knt., Lord Chief Justice of Her Majesty's Court of Exchequer; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir Claudius Stephen Hunter, Bart.; Sir Peter Laurie, Knt.; Sir Chaoman Marshall, Knt.; Sir William Magnay, Bart.; Michael Gibbs, Esq.; and John Johnson, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; William Hunter, Esq.; William Hughes Hughes, Esq.; Thomas Sidney, Esq.; and Francis Graham Moon, Esq.; Aldermen of the said City: and Edwards Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARROLL, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 1st, 1847.
PRESENT—The Right Hon. the LORD MAYOR; Sir C. MARSHALL, Knt., Alderman; Mr. RECORDED; WM. HUGHES, Esq.; and WM. HUNTER, Esq., Aldermen.
First Jury, before Mr. Recorder.
NOT GUILTY .
NEW COURT.—Monday, March 1st, 1847.
PRESENT—Mr. Alderman JOHNSON EDWARD BULLOCK, Esq.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 33.— Confined One Month.
GUILTY . Aged 15.— Confined One Month.
647. MARY LEARY was indicted for stealing 2 rings, value 6s.; 1 eardrop, 6d.; 18 yards of lace, 2s.; 30 yards of ribbon, 2s.; 1 collar, 6d.; 2 pairs of gloves, 6d.; 1 pair of stockings, 6d.; and 12 yards of printed cotton, 2s.; the goods of Coleman Coleman, her master.
FRANCES COLEMAN . I am the wife of Coleman Coleman. He is a general dealer—we live in Spitalfields—the prisoner was my servant for about thirteen months—I did not miss this property till after she had left me—I recollect Teakle, the police-sergeant coming to me and showing me a gold ear-drop—this is it—it is my husband's property—I went with Teakle to Mr. Desaxe's—I saw Teakle search some boxes there, and find some of these articles—I know them—they are my husband's—they had been in the house while the prisoner lived with me—I have sold her some remnants, but I never gave her or sold her any of these things.
Prisoner. Q. Why did you not look over my things when I left you? A. I had not a doubt about you—I said it was all right, as far as I knew—I never gave you any of these things—I will not be positive about these gloves—this lace and these prints I am positive of—these rings and earrings are mine—I kept them in a looking-glass drawer—I never locked up anything.
GEORGE TEAKLE (police-sergeant H 8.) On the 8th of Jan. I took the prisoner on another charge—I found these two things rings and this drops in her pocket—I went to Mr. Desaxe's with Mr. Coleman and found these things in a box I had previously seen the prisoner lock—Mr. Coleman identified the articles—I found two rings which I have not found an owner for.
Prisoner's Defence. I lived with the prosecutrix thirteen months, and she gave me a good character to go to Mr. Desaxe's; I was there three months, when I was charged with the theft for which I was tried last session and acquitted; the prosecutrix searched my box, and brought a few pieces of printed cotton which she swore to as being hers, for which I paid her; the two rings which she claims I bought in the lane for 1s.; there was a part of an earring which I picked up, not knowing it belonged to her; I wished he to look over my clothes, but she would not; I paid her about 30s. for different articles while I was with her. (See Fourth Session, page 420.)
GUILTY Aged 23.—Recommended to mercy by the Jury and Prosecutrix. — Confined One Month.
648. JAMES MUGGERIDGE was indicted for stealing 12 shirt-studs, value 3l. 10s.; 2 handkerchiefs, 5s.; 2 rings, 6l. 14s.; 1 opera-glass, 10s.; 1 memorandum-book, 6d.; 2 penknives, 1s.; 1 tuning-fork, 1s.; 1 set of drawing instruments and case, 5s.; the goods of Edward Woods Norman: and 8 rings, 4l.; 1 shirt-stud, 10s.; 3 spoons, 1l.; 2 necklaces, 2l.; 2 penkinves, 7s.; 1 fan, 5s.; 6 printed books, 4s.; 3 locks, 4s.; 1 pencil-case, 10s.; 1 pairs of scales, 1s.; 1 pair of scissors, 6d.; the goods of John Norman, his master: and ANN MUDDERIDGE for feloniously receiving 1 tuning-fork, 3 shirt-studs, 2 handkerchiefs, 1 memorandum-book, 1 drawing instrument and case, 1 pencil-case, 2 locks, 1 pair of scales, and 1 pair of scissors, part of the same, well knowing them to have been stolen; to which
JAMES MUGGERIDGE pleaded GUILTY . Aged 14.— Confined Six Months.
JOHN NORMAN . I am an auctioneer, and live in Castle-court, Budge-row. James Muggeridge was in my employ—I missed some gold studs, the key of my desk, and some other articles, from a drawer in a chest of drawers in my bed-room—I spoke to my son about it, in presence of James Muggeridge, and I spoke to James Muggeridge—he denied it at first—he afterwards said, "I took them away, and gave them to my brother, who sold them to some other party—the officer afterwards brought the brother to the station—I afterwards went with the officer to the house of Ann Muggeridge, the mother—I saw her—the officer asked if she had seen any jewellery, or other things,
about the house—he named the articles—she said had never seen anything of the kind—I was informed by her that James Muggeridge's brother lived at the same house—the officer told Ann Muggeridge that he must search the premises—she did not object—he said, "Whose drawers are these?"—she said, "They are mine"—she gave him the key—he searched in them, and found three studs, each of them wrapped in a small piece of dirty rag, a silver pencil-case, the case of a set of drawing instruments, a tuning-fork, and a book, in a little box at the top of the drawers, and two cambric handkerchiefs—my son was present at the time the handkerchiefs were found, but not when the studs were found—these are the articles—this pencil-case is mine—these two books are my son's—his writing is in them—his name is on each of them—these studs are his also.
EDWARD WOODS NORMAN . I am the son of John Norman, and live in the house with him—this handkerchief is mine—I could not swear to the other handkerchief—these two books are mine, and this memorandum-book is mine—I was present when the pencil-case was found, also the handkerchiefs, and the books.
Ann Muggridge's Defence. When my little boy brought these study I asked him where he got them; he said he bought them of a boy he knew; I had no idea they were gold, nor did I suspect he would steal anything; he said he bought the scissors, and took another pair away instead of them; I did not know the other things were in my place; when the policeman came he said, "Have you any jewellery?" if he had said "studs" I should have said "Yes"—they were not concealed.
ANN MUGGERIDGE— NOT GUILTY .
JOHN STOREY . I am a constable of the City of London. I was watching the warehouse of Messrs, Cousins, in Sharbourn-lane, on Wednesday, 24th of Feb,—about seven o'clock that evening I saw the prisoner come out of the warehouse into Abchurch-yard—I stopped him there, and asked him what he had got in his pockets—he said, "Nothing"—I searched his pockets, and he had nothing there—I took off his hat, and found in it this tea in this bag—it is fourteen ounces of green tea—I went to his lodging, and found 1/4 lb. more of tea—this is it—on the road to the station the prisoner said he only took it for his own use.
STANFIELD ELLIS COUSINS . I am a partner in the house of Messrs. Cousins and Sons—there are two partners besides myself—we carry on business in Sherbourn-lane—the prisoner has been in my employ about eighteen months—I ordered a watch to be kept—I cannot swear to this tea, but have no doubt it is ours—we had tea like it.
Cross-examined by MR. DOANE. Q. I believe you had a good character with him when he came into your service? A. Yes, a character of a great many years.
HENRY BRITTON . I am warehouseman to Messrs. Cousins. We missed tea—I was present when this tea was found upon the prisoner—it is like the tea we had in our warehouse—as far as we can swear to tea, I believe we can to this—the prisoner was employed in our warehouse regularly every day.
(The prisoner received a good character.)
GUILTY. Aged 42.—Recommended to mercy by the Jury. — Confined Three Months.
THOMAS HALL . I am a liner-draper, and live in Bishopsgate-street—I am in partnership with my son. On the 20th of Feb., between eight and nine in the evening, my attention was called to the prisoner, who was standing. against my counter—the shopman who was serving her lifted up her shawl and took a piece of ribbon from under her arm—I then went round the counter and took another piece which was close under her arm—she begged very hard to be let off, and said it was distress led her to it—she had bought some ribbon, which she paid for.
WILLIAM BLISS . I am shopman to the prosecutor. The prisoner came into the shop—I sold her some ribbon, which came to 8 3/4 d.—I missed some ribbons—they were the same that were taken from the prisoner.
Prisoner's Defence. I had a bundle with me; when I was taking it up, I took them up with it.
GUILTY . Aged 17.— Confined Six Months.
Mr. DOANE conducted the Prosecution.
JOHN CHAMP (police-constable T 137.) In consequence of information, I watched the teams coming out of the prosecutor's premise on the 9th of Feb.—the prisoner had one team, and there were two others—I stopped the team the prisoner had, and found on the top of the load between two trusses, this sack, containing four bushels and a peck of oats—I could not see them till I got on the load, because they were concealed—I asked the prisoner how he came by it—he said he knew nothing about it—I told the prosecutor what had happened—here is sack and a sample of the oats.
Cross-examined by MR. BALLANTINE. Q. Had you been watching the wagons? A. I watched for them coming up in the morning—I stopped them at Ealing.
DANIEL WILSHIN . I live at Hayes—I am farmer—the prisoner was in my service as a carman—I gave instruction to the policeman to watch my teams—I remember his taking the prisoner in custody, and he produced to me what he found on the cart—I had gone down into Hertfordshire that day—I afterwards saw what he had done—this sack is mine—the prisoner had no right to it—I have a sample from the same bulk of oats—it resembles that found in the sack in every respect, and I missed a great deal.
Cross-examined. Q. When did you go into Hertfordshire? A. On Monday morning, 8th Feb., and it was on the 9th the prisoner was taken—I left fourteen men threshing—this was no doubt part of what they threshed—I could not have seen this in the threshed state—the threshers are not here—I do not know how much was threshed while I was away—I have a little sample her, out of the same heap that this was stolen from—I do not know how much there ought to have been in the heap, but I saw where they had been at it—appeared as if some had been removed—when I went to the barn, I said, "Where is this corn gone?"
MR. DOANE. Q. Did you miss oats? A. Yes, and what is found corresponds with what I had.
THOMAS ROBERTSON (police-constable T 131.) I was present that morning—I took possession of the oats and corm, and this sack—I told the prisoner—I took him into custody on custody on suspicion of stealing a quantity of corn from his master—he replied, "I don't know anything about it"—this is a sample of oats from the sack that was in the cart.
GUILTY . Aged 27.— Confined Three Months.
MR. DOANE conducted the Prosecution.
JOHN CHAMP (police-constable T 137) In consequence of directions from the prosecutor, I watched his teams, and on the morning of 9th Feb. I saw the prisoner—he had his team—I had him taken, with the assistance of Robertson, and on the top of the cart, between the straw, I found three bushels of wheat in the chaff, in a sack—I produced it to the prosecutor—the prisoner said he knew nothing about it.
DANEL WILSHIN . I was shown the sack, and the wheat taken from the prisoner—the sack belongs to Mr. Stevens, but was in my care—this wheat was found in it—I believe it to be similar to my stock of wheat—I have missed sacks.
GUILTY . Aged 24.— Confined Three Months.
MR. DOANE conducted the Prosecution.
JOHN CHAMP (police-constable T 137.) The prisoner was with the third team that morning—I took him, with the assistance of Robertson—I found a sack with a bushel of oats, tied to the shaft of his cart, and a bundle of straw tied on to cover it—the prisoner said he knew nothing about it—I produced it to the prosecutor.
DANIEL WILSHIN . The prisoner was in my service—I have seen the sack in which this property was found—there is no doubt it is mine, and also what was in it—I have a sample to match it—it is mine to the best my belief—the prisoner had no right to it.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined One Month.
GUILTY . Fined 5l.
OLD COURT.—Tuesday, March 2nd, 1847.
PRESENT—Sir P. LAURIE, Knt., and Sir CHAPMAN MARSHALE, Knt.,
Aldermen; Mr. RECORDER, and Mr. Alderman HUNTER.
Second Jury, before Mr. Recorder.
655. GEORGE INMAN , was indicted for embezzling 3l. 17s. 10s.; the monies of Benjamin Edward Brown, his master, also, for embezzling 3l. 19s.; the monies of George Edward Brown, his master; to both of which he pleaded
GUILTY. Aged 19.—— Judgment respited.
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 34.— Confined Eighteen Months.
658. GEORGE EDIKER and CHARLES CARTWRIGHT were indicted for stealing 1 wooden drawer, value 6s.; 1 groat, 48 pence, and 100 halfpence; the property of Peter King; and that Ediker had been previously convicted of felony.
SARAH KING . I am the wife Peter King, of Hyde-street, Green-street, Marlboro'-road, Chelsea—we have two shops, a baker's and a grocer's, divided by a parlour—on the 10th of February, about ten minutes after seven o'clock at night, I was in the grocer's shop, and saw the prisoner Ediker in the baker's shop, through the window—I then went in and saw him, with the till under his right arm, in the act of opening the door to get out—I had a strong gas-light in the shop, and could see him plainly—he opened the door and got into the street—Cartwright then came and covered his right arm round him to hide the till—they had the till between them, and ran across the road—I followed them about half-way across—I have known Ediker from a child, and have known Cartwright by sight about twelve months—I have not the least doubt of them—I was as near them as I am now—they were between two strong lights—my till had been mended with a piece of white wood on the side, and I could see that as he carried it—I noticed some papers in it—it contained some fourpenny pieces, and 8s. or 10s. worth of halfpence—Cartwright was never in the shop at all—I had shut the door, on account of seeing the prisoners, before the robbery, and am certain of their persons.
ANN TOWERS . I live in Green-street—on 10th Feb., a little after 7 o'clock, I was passing Mr. King's shop, (it is a corner shop,) I saw Ediker at one end of King's window—I saw Cartwright in Hyde-street, round the corner—when I crossed over, Ediker crossed too, and Cartwright crossed in Hyde-street—it was five minutes after seven o'clock—when I got half-way up the street they crossed over to the window again.
HENRY HILL (policeman.) I took Ediker about half-past 7 o'clock the same evening, at his house, in Smith-street, Marlboro'-road—I had seen him about five minutes before I heard of the robbery, coming in a direction from Mr. King's shop—I took Cartwright in Leader-street, within a few minutes' of taking Ediker, and about five minutes walk from Ediker's house—they both denied having been at the shop.
Ediker's Defence. I was at home, and had not been out that night at all.
Cartwrigth's Defence. I was not at the place at all.
EDIKER. GUILTY . Aged 16.— Confined One Year and Whipped.
CARTWRIGHT. GUILTY . Aged 16.— Confined Nine Months and Whipped.
JOHN STEWARD (police-constable 136 B.) On 30th Jan., between 10 and 11 o'clock in the morning, I was in Sloane-street, and saw the prisoner running with another person—I followed him into Westbourne-place, and charged him with having property on him—he then drew this book from under his arm, and said it was his own—I took him to the station—in going along he threw this small globe and frame from his trowsers pocket, into the gutter—I did not distinctly see him throw it down, but when I took it up a boy said he saw him throw it from his pocket—the prisoner denied it—he was about 300 or 400 yards from the shop—the other person made his escape.
ANN TABA . I am the wife of Napoleon Felix Taba, a bookseller—this book and globe belong to him, and were lost on the 30th Jan., about 11 o'clock—we have missed a great many books from our table, and from a glass case on the counter—the cash-box was also taken out of the desk, but there was no money in it—the till was taken out, but there was very little in that.
DAVID QUARRY (police-constable 94 E.) I produce a certificate of the prisoner's former conviction (read—Convicted December 1845, and confined three months)—I was present at the trail—he is the man—he has been summarily convicted since.
GUILTY.* Aged 18.— Confined Eighteen Months.
GEORGE HOUNSOM . I am gate-keeper to Charles Robinson and Son, engineers and iron-founders, of Eaton-lane, Pimlico. The prisoner has been their labourer for three or four months—on his leaving work, at half-past five o'clock, I noticed him pressing his arm against his waistcoat, to keep the lead up—I stopped him, and told him he had something concealed in his possession—he said he had nothing—I found on him a pig of lead—he said he found it in Ebury-street—we have a mould in which we cast our lead—I tried it to the mould, and it fitted.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy. — Confined Fourteen Days; his uncle entering into recognizances for his good behaviour.
661. JAMES CHAPMAN was indicted for burglariously breaking and entering the dwelling-house of Joseph Hall, at St. Matthew, Bethnal-green, and stealing therein 6 live tame rabbits, price 9s.; and 1 pair of spectacles, 5s.; his goods.
THOMAS BAKER (police-constable K 376.) On the 27th of Jan., about three o'clock in the morning, I was on duty in Green-street, Bethnal-green, and met the prisoner, about thirty-five yards from the prosecutor's house, with six live tame rabbits in a bag—I had shortly before seen him in company with another boy—I stopped him—he said he had brought the rabbits from Mr. Cutler, of Bow—I asked where he was going to take them—he said, to Smithfield-market, to his master—I took him to the station with them—I found nobody of the name of Cutler at Bow—the prosecutor claimed the rabbits.
Prisoner. A boy asked me to carry the rabbits while he made water; I did so, and the policeman took me. Witness. I had seen him with the other boy a little before one o'clock, within thirty yards of the prosecutor's house—the name of the other boy was John Rossiter.
JOSEPH HALL . I live in Gretten-terrace, Green-street, in the parish of St. Matthew, Bethnal-green—I occupy the house. The rabbits that are here are mine—I kept them in the kitchen, in three hutches—on the 26th of Jan., at ten o'clock at night, I saw them safe in the hutches—I left the house fastened up safe—I got up next morning at half-past five, and missed a linnet and a cage from the back parlour, and a tea-caddy and pair of spectacles off the mantelpiece—I went into the back kitchen, and missed the rabbits—the back kitchen window-sash had been moved, and was partly open—it had been fastened with a thumb-screw the night before—a pane of glass was broken to get at the screw—I traced footsteps of two people in the next
garden, leading in a line from the back kitchen window—I found the rabbits at the station-house—the prisoner had lived with me eleven months as errand-boy, two years and half ago—he did not leave me for dishonesty—they disturbed several things in the back parlour—there was property of more value on the premises—the silver spectacles were on the mantelpiece—I rather think I disturbed the prisoner, for in the night I heard an unusual noise, which I thought was a lodger who is subject to fits—I got out of bed, and went to his room, and asked if anything was the matter—he said, no, it was all right.
Prisoner's Defense. I did not steal them.
GUILTY. Aged 14—Recommended to mercy by the Prosecutor and Jury. — Confined One Month.
GUILTY . Aged 17.— Confined Two Years.
663. ELIZABETH RANSOME was indicted for stealing 96 knives, 4s.; 1 coat, 10s.; 5 yards of woollen cloth, 4l.; 4 waistcoats, 2l.; 1 handkerchief, 4s.; 1 carpet-bag, 4s.; 1 spoon, 3s.; 1 pair of trowsers, 10s.; 1 pair of decanters, 2l.; 1 claret jug, 1l.; and 4 bed-curtains, 1l.; the goods of Alfred Cox, her master; to which she pleaded
GUILTY . Aged 31.— Confined One Year.
NEW COURT.—Tuesday, March 2nd, 1847.
PRESENT—Mr. Alderman JOHNSON, MR. ALDERMAN HUGHES, and EDWARD BULLOCK, ESQ.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. ELLIS and DOANE conducted the Prosecution
JOHN MORRIS MADDY . I live with my father, who keeps a baker's shop, in Brick-lane, Bethnal-green. On Friday, the 12th of Feb., the prisoner came into in our shop, and asked for a half-quartern loaf—the price of it then was 4 1/2 d.—she gave me a half-crown—I looked at it, and noticed it was black—I took it into the parlour to my father, and gave it him—he came back into the shop with me.
THOMAS MADDY . I am the father of John Maddy, and live at No. 89, Brick-lane. He brought me a half-crown on the 12th of Feb.—I put it between my teeth, and bent it—I went into my shop, and saw the prisoner—I asked her how she came by the half-crown—she said her husband gave it her for the support of the child che had in her arms, and she did not know it was bad—I asked if she had any more—she said, "No"—I sent for the policeman, and gave her into cutody—I gave the half-crown to Duke.
ISAAC DUKE (police-constable H 171.) I took the prisoner on the 12th of Feb., at Mr. Maddy's shop—I got this half-crown from Mr. Maddy—the prisoner was taken to the station, and discharged the next day.
Whitechapel. On the 16th of Feb. the prisoner came to my shop for a half-quarter loaf—it came to 4d.—she gave me a bad crown piese—I jinked it, and asked her whether it was good money—she said it was as far as she knew—I put it between my teeth, and bit it—I said to her,(looking at three bad half-crowns which were nailed on the counter,) "Excuse me, I am very particular; this is bad money; I must detain you"—she said, "It is not, to my knowledge"—I asked where she got it from—she said she got it is Smithfield—I sent for the officer, and gave the crown piece to him.
SKELTON GEORGE ROWLEY (police-constable H 159.) I went to Mr. Clarke's—I received this crown from him—the prisoner was there—she said she received it from a young woman in an adjoining street to where Mr. Clerke's shop was, but she did not know the name of the street—she said she did not know it was bad.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. ELLIS and DOANSE conducted the Prosecution.
MARY ANN WOODGATE . I am the wife of Robert James Woodgate—I keep a shop in Cotton-street, Poplar. On Wednesday, the 3rd of Feb., the prisoner came for half a pound of short candles, which came to 3 1/2 d.—she gave me a half-crown—I gave her 2s. 2 1/2 d. out, and put the half-crown into the till—there was a shilling or two, but no other half-crown there—I noticed the half-crown again on the following evening (Thursday)—no other half-crown had been put into that drawer—I took it out at night, and put it into my cash-box, where there was no other half-crown—on the Thursday evening I offered the half-crown to a person—he put it to his mouth, said it was bad, and returned it—I put it into my pocket, and kept it till the next morning, and gave it to the officer—the prisoner came to my shop between six and seven o'clock.
SARAH CALLAGHAN . I recollect Wednesday, the 3rd of Feb.—I saw the prisoner that day, between seven and eight o'clock in the evening—my husband, Patrick Callaghan, works at the shipping, and I keep a chandler's shop—the prisoner asked for a half-quartern loaf, which came to 4 1/2 d.—she gave me a half-crown—I put bit into the drawer where I keep the money for the bread and flour—there is no other money kept there—I gave her the change out of that drawer—there were two shilling there, but no other half-crown—she went out—she said it was rather a dirty day—soon after she was gone, I saw Mr. Barnes, a baker—he asked me something—I opened my drawer, and put the half-crown on the counter before him—I saw the half-crown—I did not mark it then—I am sure it was the one I got from the prisoner—I took it to the station, and marked it,
MARY ANN BARNES . My father is baker, and lives in the East India-road, a very short distance from Mr. Callaghan's, across the road. On the night of the 3rd of Feb., about a quarter before a seven o'clock, the prisoner came to my father's shop, for a half-quartern loaf—I several her—it came to 4 1/2 d.—she gave me a half-crown—I said it was a bad one—she said, was it?—I showed it to my sister—it went from my hand into my sister's—I gave it back to the prisoner, and she went out—my father was there, and followed her—I am sure the prisoner is the person.
of that I apprehended the prisoner in Granby-street, about 150 yards from Mr. Barnes's—I asked if she had been passing bad money—she said she had no money about her—I opened her lap, and found some bread and candles—I asked what became of the half-crown she offered to Mr. Barnes—she said she had no half-crown—I asked where she lived—she said at Holborn-hill—I asked her how she came so far to shop—she said that was her business—while this was going on, a man came in, and asked what I was doing with his—wife—I told him she had been offering bad money—he said he would pay for anything she had had—I took him, and found on him 4s. 4d., but no half-crown—I took them both to the station—I received this half-crown from Mr. Callaghan.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. ELLIS and DOANE conducted the prosecution.
JOSEPH CLEAFVER . (City police-constable, No. 219.) On the 15th of Feb., between five and six o'clock in the evening, I saw the prisoner with two others in Barbican, standing talking to each other—I watched them, and saw the prisoner pass something from his right hand pocket to one of the party that was with him—it was something neatly lapped up in paper—the prisoner and another came down Long-lane—I followed them to Smithfield—there is a turning there—I was within nine or ten yards of them—I went to lay hold of them—the prisoner saw me as I went to grasp him, and ran across Smithfield-market—I ran and laid hold of him—he tried all his power to rescue himself from me, and threw three bad shillings away lapped up in paper—a boy picked up the paper for me—I took the prisoner to the station—I found no money on him—these are the three bad shillings—he said he picked them up in Finsbury-circus.
Prisoner's Defence. I was walking; the policeman came and said, "I want you;" I ran, and he ran and took me; the money dropped from my hand; I had picked it up in Finsbury-circus; I did not give anything to any other lad; my right hand was tied up in a handkerchief; I had no intention of trying to pass the shillings.
GUILTY . Aged 20.— Confined Twelve Months.
MESSRS. ELLIS and DOANE conducted the prosecution.
GEORGE CHENERY . I am bar-man at the Pied Bull, at the corner of Theberton-street, Islington. On the 23rd of Feb. the prisoner Bailey came there for three halfpenny worth of gin—I gave it her—she gave me in payment a sixpence—I put it into the till—there was no other sixpence in the till at that time—in consequence of some inquiry I afterwards went to the till—I found the 6d. there—I found it was bad—I took it out and put it by—I afterwards gave it to Randall the policeman—I am sure it was the same Bailey gave me.
Bailey. Q. If you knew it was bad why did you take it and put it in your till? But I deny being in your shop. A. I was not aware it was bad at the time I took it.
COURT. Q. How long after you put it into the till was it before you went to it again? A. About two minutes.
ALFRED MUNDY . I am shopman to Mr. Todd, a cheesemonger, in High-street, Islington. About two o'clock, on the 23rd of Feb., the prisoner Bailey came into my master's shop for a pork chop—it came to 2 1/2 d. or 2 3/4 d. she gave me a sixpence—I put it in the till, and before I had scarcely shut the till some inquiry was made—I had not left the till—I opened it again immediately, and I found the sixpence which Bailey had given me—there was no other sixpence there—I found it was bad—I kept it in my possession till I gave it to Randall the officer—I followed Bailey out of the shop, and saw her crossing the road—I told her it was a bad sixpence that she gave me—she denied it—she made a deal of scrupling about my putting the sixpence in the till, and then she offered me a shilling, and wished for the sixpence back, but I refused to do so—I kept it in my possession—Randall the policeman came in with the prisoner Saunders, who made great resistance, and Randall called for assistance—I tried to give assistance—I went round the counter, but before I could get to Saunders he put into his mouth something which he swallowed.
Saunders. Q. When the officer brought me into your shop what did I do? A. You were very violent—I stood behind the counter.
Saunders. The officer said to two men in the shop, "Aid and assist in the Queen's name," and I said there was no necessity for that, I would show what I had; I put my hand in my pocket and pulled out a shilling and said, "That is all I have; is not that a good one?" I said, "Mark it;" the policeman put it in his pocket; he had hold of my two hands; I could not put anything into my mouth. Witness. He gave the policeman a shilling, and said what he has stated, but he put something into his mouth.
Bailey. I came into your shop, and was going to have a piece of bacon off the same piece that a lady had some; she gave you two shillings and a sixpence; I changed my mind, and had a bit of pork, and you took my sixpence, and the lady's sixpence, and a fourpenny-piece, and put them into the till on the right side of the shop; I came out and crossed to go to the next public-house to have the pork chop cooked, you came and said, "Are you aware what you gave me?" I said, "Yes, a sixpence;" you said it was a bad one; I said, "Why did you not say so before I left?" I came back, and you opened the till and gave me a bent sixpence out in change for the shilling.
Witness. I gave her a good sixpence in change for the shilling, she wanted the other sixpence back, but I would not give it back.
COURT. Q. Was there a lady who gave you a sixpence, which you put in the till at the same time? A. No—it was about two o'clock in the day.
CHARLES RANDALL (police-constable N 172.) On 23rd Feb., about a quarter before two o'clock I was in Theberton-street—I saw the two prisoners standing at the corner for a minute or two—Saunders gave Bailey something—she went into the Pied Bull, and Saunders went on a few yards and waited till Bailey came out of the public-house and joined him—they went on together about fifty yards—I then lost sight of Bailey for a few minutes, and Saunders was standing by himself—in a minute or two I saw them together again, and they walked to Islington turnpike-gate—when they passed the turnpike they stopped, and I saw Saunders give Bailey something again, and she went into Mr. Todd's—Saunders crossed the road and stood nearly opposite the shop—I afterwards saw Bailey come out of the shop—Mundy came out after her and spoke to her—I saw her go back to the shop with him—I then took Saunders into custody—I told him there was a woman wanted to speak to him in Mr. Todd's shop—he said he did not know any woman—I then took
him into the shop—he had both his hands in his trowsers pockets—he began to resist—he got his hands out of his pockets, and in his hand I saw a white piece—he popped it into his mouth and swallowed it—I took Bailey—I found on her 2s. 3 1/4 d. in copper, a glass saltcellar, a pork chop, and a great many small articles which came to little money—she tried to destroy them in the shop.
Bailey. If I tried to destroy any things, why do you not produce them? Witness. I picked up some of them, but I did not keep them.
Saunders. It is false about saying I put my hand to my mouth—I put my hand into my pocket, and took out a shilling and a halfpenny—I gave you the shilling, and said, "Mark that." Witness. Yes—I took the shilling out of your hand—it was a good one—you had both your hands in your trowsers when I took you into the shop—you swallowed one piece of money.
MR. DOANE. Q. Did Chenery give you a sixpence? A. Yes—this is it—this other I received from Mundy.
GEORGE CALVERT . I am a stove-maker, and live at No. 2, Camden-street, Islington. On 23rd Feb. Randall made a communication to me, and I watched the prisoner Saunders, who was waiting opposite my shop at Islington-green—Bailey joined him, and they went on through Islington turnpike—I saw Saunders give bailey something, I could not see what, and Bailey walked along to Mr. Todd's shop and went in.
Saunders. Q. Where was I when I was taken? A. At the top of the City-road, about fifty yards from Mr. Todd's
Bailey. Q. Did you see this man with me? A. Yes—you came from Islington-green towards the turnpike—when I first saw him he was about fifty yards from the station—you joined him, and he gave you something.
Saunders's Defence. I was not up the road further than the Blue Coat Boy; I had nothing when the officer took me, and resistance I made none; I never saw the woman before, nor she me; this man, who says he is a stove-manufacturer, is a cab-driver.
Bailey's Defence. At Mr. Todd's I gave a sixpence; whether it was a bad one or not, I am not aware; when I was brought back I gave a stilling; he showed me a bad sixpence; he put another sixpence and a 4d. piece into the same till.
SAUNDERS— GUILTY . Aged 24.
BAILEY— GUILTY . Aged 27.
Confined Six Months.
MESSRS. ELLIS and MELLER conducted the Prosecution.
ROBERT MC'DIARMID . I am a cook. I carry on business in Castle-street, Shoreditch—on the 27th of Jan. the prisoner came into my shop for Some pea-soup—I served her—she gave me a crown piece, and I gave her 4s. 10d. change—I looked at the crown, and discovered it was counterfeit—she had then just got to the door—I examined the money well and put it into a drawer—I left it there by itself—I did not do anything to it before I put it into the drawer—I left it there till the officers came the week following (I think on the Thursday)—I gave it to No. 118 II—this is it—I saw my wife put her mark on it that I might know it again, before the officer had it.
Cross-examined by MR. DOANE. Q. She did not mark it before the officers came, and that was nine days after? A. Yes—my wife and daughter assist me in business—I carry on a good stroke of business—I told the
policeman I took some bad money of a little short woman—he said he had got a woman in custody—he took me to worship-street—the door-keeper took me in to see the prisoner, and asked me if that was the person—I said, "Yes," and I believed it—I had not seen her for nine days—when she came into my shop I looked at the crown, and I found it was bad—I did not give any alarm—I went to the door, and she was gone round the corner.
MR. ELLIS. Q. When the door-keeper showed you the prisoner was she by herself? A. Yes—he took me to a cell and asked if that was the person—I have not the least doubt that she is the person.
COURT Q. When you got this crown piece did you keep it by itself till the officer came? A. Yes.
ELIZABETH JANE MASTERS . I am the daughter of William Masters. He keeps a beer-shop at No. 5, London-street—on Thursday, the 4th of Feb., the prisoner came there for a pint of ale—she brought a jug for it—I served her, and she gave me a 5s. piece—I looked at it and thought it was not good—I called my mother out of the parlour—my mother and father both came—they both looked at it, and told her it was bad—I considered it bad—I take much money, and I know good money from bad—my mother gave it back to the prisoner—the prisoner had a cap on, but no bonnet.
WILLIAM MASTER . I am the father of the last witness. On the 4th of Feb. I saw the prisoner—I saw the crown piece—it was a bad one—I saw it given back by my wife to the prisoner—she said she had got it in change of a half-sovereign, round by the Bird cage—we advised her to take it back and get it changed—she took it with her and went out—I followed her, but I lost sight of her all at once—Mr. Lasby was with me, and he followed her.
JOSEPH LASBY . I am a silk weaver, and I live in Hackney-road—on Thursday, the 4th of Feb., about eight o'clock at night, I was at Mr. Masters', and I saw the prisoner—she went away, and I followed her—when she got about twenty yards from Mr. Masters' she fell in company with a man who was holding a bonnet, he appeared to me to be waiting—the prisoner put the bonnet on, and they went on on the left hand side of Hackney-road to near Shoreditch-church—they crossed up a passage—the prisoner then took off her bonnet, the man held it, and the prisoner crossed the road to Mr. Box's shop—they had passed Mr. Box's before, and the prisoner went back to it—I stopped till Mr. Box had given her change for a crown, and then I went in and spoke to Mr. Box—I went out and saw the prisoner in company with the man again, the bonnet was then on her head—they went on towards Shoreditch-church—I fount the policeman, and gave them into custody—the man said he would walk, but he did not walk far before he ran away—he was caught again, and taken to Mr. Box, and then to the station.
Cross-examined. Q. Had you any difficulty in getting the prisoner to go to the station? A. Yes, sir—she nearly got all her clothes torn off, she said she had done nothing—the man went quietly after he ran away, and found it was no use.
THOMAS BOX . I am a greengrocer, and live in Hackney-crescent. On Thursday, the 4th of Feb,. from seven to eight o'clock in the evening I saw the prisoner to the best of my knowledge—she appears to be the same person—I could not positively swear to her—I believe it to be her—she came for 1d. worth of onions—I served her—she paid me a 5s. piece—I gave her half-a-crown and 2s. 5d.—I had the crown in my hand, when Mr. Lasby looked into the shop and told me to look at the money—I found it was bad—he said, "Come with me"—I said I could not, I had no one in the shop—I put the crown in my apron-pocket—it was the only one I had that day—I kept it till the prisoner was brought back to my shop—I had great suspicion it was her—the crown was then brought out of my pocket—the prisoner said
it was not her who had been there—the woman who had been there was in every way like the prisoner, she seems the same sort of woman, the same stature, but I took notice of her voice on the first occasion, and I thought it was a neighbour, a voice I knew, that was familiar to me—I thought it was a person I knew, that made me give her the change—I heard her voice when she came back, and it appeared the same voice.
Cross-examined. Q. You would not swear the prisoner was the woman who gave you that coin? A. I could not positively swear it, but I believe it to be her.
JAMES SWAN (police-constable H 118.) I apprehended the prisoner on the night of the 4th of Feb., with a man, in the George and Dragon, where Mr. Lasby took me—she was searched at the station—two half-crowns, six shillings, four sixpences, and some coppers were found on her, also a half-quartern loaf of bread, half-a-quartern of butter, a blue half-pint pot, and some onions—I received a 5s. piece on the 5th of Feb., from Mr. Mc'Diarmid—his wife marked it when I received it—the description of the prisoner corresponds with the description I had from Mc'Diarmid.
Mr. JOHN FIELD. These crowns are both counterfeit, and I believe both have been cast in the same mould.
* GUILTY . Aged 21.— Confined Twelve Months.
MESSRS. ELLIS and MELLER conducted the prosecution.
ANN MITCHELL BAILEY . I am the wife of George Bailey, a tobacconist, of London-wall. On Wednesday, the 17th of Feb., the prisoner came to the shop—he bought some tobacco, and gave me a shilling in payment—I kept it in my hand—he did not stay in the shop a minute after I gave him change—I looked at the shilling after he was gone—I thought it was a bad one, and put it on the shelf—it was the only shilling I had there at that time—I left it there till my husband came in in about half an hour—I gave it to him—on the 19th of Feb., between six and seven o'clock in the evening, the prisoner came again for some tobacco—I served him—he gave me a shilling—he placed it on the counter—he got his change and went out directly—I examined the shilling, and it was bad—I recollected his having been in the shop before—I knew him to be the same person—I did not tell him of it—I thought he would come again, and I thought my husband would accuse him if he came again—I took the shilling to give him an opportunity of coming another time, when my husband might be at home—I saw the prisoner next outside Guildhall, on the 24th—I knew him directly I saw him.
GEORGE BAILEY . I am the husband of Ann Mitchell Bailey. On the 17th of Feb. I received a shilling from my wife—I placed it in my pocket till the evening, and then put it into a purse, which I locked up in my cashbox—I had no other money in my pocket—this is the shilling—on Friday evening, the 19th of Feb., I received another shilling from my wife—I placed that in my pocket, and did the same as I had done with the other shilling—I kept it separate and distinct—on the 23rd of Feb. the prisoner came to my shop about two o'clock, for a quarter of an ounce of tobacco—I served him—he put down a bad shilling—I saw it was bad, and I wished to get to the door without his running away—I told him I had no change—I put my
counter down, and placed my back against the door—I told him it was bad, and he was my prisoner—in about five minutes the policeman came up, and I gave him in to custody, with the shilling I had taken of him that day, and the other two shillings.
THOMAS PHILLIPS (City Police-constable No. 128.) On Tuesday, the 23rd of Feb., I had the prisoner given into my custody—I received this shilling, and on the 24th I received these other two shilling—there was nothing found on the prisoner.
Prisoner's Defence. I went in the first time; and I gave her a shilling; I do not know whether it was good or bad; I went in a good while afterwards, and called for a quarter of an ounce of tobacco; I put down a 6d. that time, and the lady served me; the last time I saw that it was a bad shilling; on the 17th I was at work all night for a person down Addle-hill.
GUILTY . Aged 17.— Confined Twelve Months.
MESSRS. ELLIS and MELLER conducted the Prosecution.
JAMES ROBERT STREET . I keep the Prince's Head public house, in Buckingham-street, Stand. On Friday, the 19th of Eeb., I saw the prisoner about half-past three or four o'clock—he asked for half-a-pint of beer, and he paid me a shilling—I directed my attention to it—it was a bad one—I sent for a policeman and gave the prisoner in charge, but previous to that I went round and searched the prisoner—I found nothing upon him—I put the shilling he gave me on the back counter, by itself—I gave it to the policeman directly, from there.
JOSEPH BARK (police-constable F 124.) On Friday, 19th Feb., I went to Mr. Street's, between three and four o'clock in the afternoon, and saw the prisoner there—he was given into my custody, charged with uttering a counterfeit shilling—he made no replay—this is the shilling—the prisoner was taken before the Magistrate and discharged.
SARAH ANN JOHNSON . I am the daughter of Frederick Johnson, he keeps the Crown public-house, in Essex-street, Strand. Last Friday the prisoner came there, a little before nine o'clock in the evening, for half-a-pint of porter—it came to a penny—he offered me a shilling—I saw it was a dad one directly he put it down—I said, "This is a bad shilling, and it was you that passed the other one on my father to-day"—he seemed confused—he took the shilling up, but he did not have it in his hand half a minute—my father snatched it from him—he denied that he had passed one before—he said he had paid a penny the first time—an officer was, sent for and he was given into custody—I had seen the prisoner between five and six o'clock that day—he bought half a pint of porter, and my father served him—he paid a shilling, which was placed in the till—my father gave him change—I found nothing bad in the till but that bad shilling that was taken previous to his coming at nine o'clock—I gave both to the policeman.
FREDERICK JOHNSON . I am the father of Sarah Ann Johnson. Between five and six o'clock that day somebody called for half a pint of beer and gave me a shilling—I put it into the till and gave change—there were other shillings in the till—at half-past eight o'clock my daughter showed me a bad shilling—the prisoner was present—my daughter said. "That is the lad that gave you a bad shilling"—I took the last shilling from the prisoner's hand and gave it to my daughter again.
JOHN WHITEHOUSE (police-constable F 42.) I apprehended the prisoner at Mr. Johnson's house—this is the first shilling I got from Miss Johnson—this other I got from her afterward—the prisoner said he must have got the first shilling in Smithfield—I found only 2 1/2 d. on him.
GUILTY . Aged 17.— Confined Six Months.
673. JOHN WILSON was indicted for stealing 1 handkerchief, value 1s. 6d., the goods of James Smart, from his person, and that he had been before convicted of felony by the name of Charles Reeves; to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Four month.
GEORGE EDWARDS . I am in the employ of Richard Dixon, a job master, who lives in Barbican—the prisoner was in his service. He was to take dung to a from at Finchley on 29th Jan.—I put up eight bushels of oats and three bushels of beans—the oats were in two sacks, and the beans in another—the beans were on the copse in front of the cart, and one sack of oats was on the cart, and the other on the tail ladder—I gave the prisoner the ticket of it——this is the ticket—it is for eight bushels of oats and four bushels of beans, but I took a few beans out, because it would not tie—it was going to my master's—the cart was loaded between seven and eight o'clock in the evening, and it started as soon as I put the oats on—the prisoner's brother was with him, but his brother had nothing to do with Mr. Dixon—the prisoner was to drive the cart.
JOSEPH MARDELL. I am in the employ of Mr. Dixon. On the 29th of Jan. I helped to put the corn on the cart, and I put a bushel of coke on the dung besides—that belonged to the prisoner's mother.
GEORGE BREWER . I am the prisoner's brother. I am thirteen years old, and I live at Finchley—I came up with the prisoner on the 29th of Jan. for a ride—I went back with him as far as Islingtoner-gate—my brother told me to lay hold of the fore horse's head—I did so, and the horse kicked about—he told me to lay hold of him again—I would not, and he hit me with the whip—I ran away from him, and ran behind another cart.
PHILIP WOOLGAR . I am foreman at Mr. Dixon's farm at Finchley. I remember the prisoner's arriving there at eleven o'clock on the 29th of Jan.—he brought nothing but dung and a bushel of coke for his mother—the dung did not require any ticket—if he had brought corn or beans there would have been a ticket—he brought no corn, or beans, or ticket—Mr. Dixon made some inquiries the next night—the prisoner was sent for, and Mr. Dixon asked him what he had done with the corn—he said he had not seen any—his brother was sent for, and Mr. Dixon asked his brother what he had done with the corn—he said he did not know—he asked him if he brought any from
Barbican—he said, "Yes, three sacks"—he said he had left his brother at Islington-gate because he whipped him, and he had ran on to the post-office at Finchley, and there he waited for him.
JOHN EDWARD WISEDELL . I keep a coffee-house in Long-lane, Smithfield. The prisoner and his brother came to my house on Sunday evening; the 31st of Jan.—they spent 5d—they came again on Monday morning and spent some more money.
JOHN MARK BULL (city police-constable, No. 151.) I took the prisoner and his brother—I told the prisoner I took him into custody for stealing three sacks, eight bushels of oats, and four bushels of beans—he said he had lost them on the road—I asked him what house he had stopped at—he said at the Bull, at Holloway, and had 3d. worth house of bread and cheese—I asked why he did not account to the foreman at Finchley—he said he was fearful of doing so—I asked where he had slept the last two night—he said about the streets.
Prisoner. I put it into my pocket; I had hole in my pocket, and the ticket got lost; I stopped at the Bull; I did not miss the corn till I got home; I was afraid to tell the foreman.
NOT GUILTY .
GEORGE EDWARDS . I am in the employ of Mr. Richard Dixon, a jobmaster in Barbican—the prisoner was in his employ. On the 2nd of Jan. he was going to drive a cart to Finchley with a load—I put three sacks of oats on the cart, and one sack of screenings—I gave him a ticket, and I have the corresponding ticket here—(reads—"thirty-six trusses of clover, twelve bushels of oats, and four bushels of screenings")—I put that on the cart.
PHILIP WOOLGAB . I am foreman at Mr. Dixon's farm, at Finchley. On the 2nd of Jan. the prisoner came with a load of clover—he brought four bushels of oats and four bushels of screenings—he told me he had lost the ticket—I told him two or three times to get it—he always said he forgot it—I am quite sure he brought only four bushels of oats and four bushels of screenings.
Prisoner's Defence. I delivered them all into my master's yard, and they were unloaded there, while the foreman was about his necessary work.
GUILTY . Aged 22.— Confined Four Months.
JOHN STEVENS . The prisoner was my shopman. I gave him in charge on Wednesday, the 3rd of Feb., on suspicion of stealing other money—I had missed money previously—the shilling produced I can swear to, by a mark on the edge—I marked it on the edge on the 26th of Jan.—I put it into a bag, and put the bag into my desk—there was other marked money in the bag—I
put it into the bag after marking it—I put the money into the till from the bag—in about ten minutes afterwards I missed this and two ther marked shilling also—on marking the money I took a memorandum of the dates and reigns of the shillings, and this shilling corresponds with one lost on the 26th of Jan.
Cross-examined by MR. PRENDERGAST. Q. When did you put the money in to the till? A. On the 26th of Jan., and missed it about ten minutes or a quarter of an hour afterwards—I gave the prisoner into custody on the 3rd of Feb.—he remained in my employ—I put the three shillings into the till to detect him, and they were gone—I did not send for an officer then, because the case was not sufficiently clear—it became clearer afterwards—we found the money in his box—I have several lodgers in the house, but they do not come into my shop—the 26th of Jan. was on Tuesday—the shop was open—we shut at ten o'clock at night—I put the money into the till about ten o'clock—I went out, and returned home—the shop was shut when I returned, and the prisoner was there—on the Saturday afterwards I took him into the parlour, and we sat down, and had rum and water together, as usual—we generally have a glass of rum and water after a fatiguing day—I treated him like a brother, not like a servant—I believed he had robbed me on the Tuesday, but if my own brother had done wrong, I would have treated him just as I did the prisoner—he had been with me altogether about ten months—he left me, and I went to his father's and asked him to speak to him—he came back of his own accord, and he was with me up to the time of his being given in charge, about three or foru months—the policeman showed me how to mark this money—I had marked money before, and I thought the prisoner had seen it, as he never took marked money—I never marked money in that way before—I had tried him about three times before, but with the same marked money—this was the first time there was any pretence of any marked money being found on him—I had not paid him money the week before—I had on the 11th of Jan.—here is his receipt—it is dated the 11th of Jan.—I did not pay the money on the 11th of Jan.—it was paid within two days after the date of the receipt—it was not paid on the Saturday or Sunday—it was on Tuesday or Wednesday—I remember some time ago telling a person that I put some shillings into the till, and I found the shilling were gone, and there were two half-crowns and a sixpence there—I suppose customers had been served.
COURT Q. What is the latest time you can swear to paying him any money before the 26th of Jan.? A. On Wednesday, the 13th of Jan.—I never paid him money after that.
THOMAS SMITH (City police-constable, No. 270.) The prisoner was given in to my charge on the 3rd of Feb. by Mr. Stevens—I found on him a sovereign—I went back to the shop, and searched a box which the prisoner gave me the key of—I found in it three shillings, a sixpence, and 3 1/4 d.—this is one of the shillings I took out of the box at that time—it is marked at the edge, on the head side.
JURY to JOHN STEVENS. Q. What were the prisoner's wages? A. 6s. 6d. a week, with board and lodging—I paid him a month's wages at a time, by his desire.
NOT GUILTY .
AMOS BOWDLER . I am a boot and shoemaker. About seven o'clock in the evening, on the 8th of Feb., I saw both the prisoners at my shop, in North-street, Chelsea—Clark offered me these four rolls of oak-grained paper for sale, for 1s. 6d.—I told him I did not want them—he gave me no satisfactory account of them, and I had suspicion they were stolen, and would not buy them—he left my shop, and went down the street—I saw Spearing join him at the end of my window—I followed them both, and never left them till I gave them into custody—Spearing said to Clark, at the bottom of Lower North-street, "Go into the first shop, and get what you can for the paper"—Clark did not answer him—he went into a baker's shop—he came out again, and went on to Mr. Norman's shop—he then had two rolls of paper in his hand—I said to him, "Where are the other two rolls of paper, you had four when you came to me?"—he threw the paper down, and ran down the street—the constable pursued, and took him—spearing ran away, and another officer captured him.
Clark. He said, "If you will give me all you get over 1s. 6d. I will tell you where you can sell it;" he took me into a rag-shop a few doors fro his house. Witness. No, it is false.
MAURICE MULCAHY (police-sergeant P 2.) About seven o'clock in the evening of 8th Feb. I was going along the New-road, Chelsea—I met Mr. Bowdler and the two prisoners—Mr. Bowdler told me in the prisoner's hearing that Clark had been offering him some paper for sale, and he had had this watched them into two other shops after they left his place—clark threw this paper down at my feet, and ran in one direction, and spearing in another—I pursued Clark—he was stopped by another person, and I came up and took him—I had not lost sight of him, from the time he started till I caught him—in going to the station he said the paper was given him by Mr. Johnson, Mr. Turner's clerk.
WILLIAM JOHNSTON . I am warehouseman to Mr. Henry Noel Turner, a paper-stainer in Elizabeth-street, Pimlico, near the Chelsea-road—both the prisoners were employed in the manufactory—I know these rolls of paper, they are my employer's property—they were kept in a situation in the ware-house where one of the prisoners had access to them—I had not given either of the prisoners the paper—the selling price of this to a customer would be 15s.—the prisoners have borne good characters till this time.
CLARK— GUILTY . Aged 14.
SPEARING— GUILTY . Aged 14.
Recommended to mercy by the Prosecutor and Jury— Confined Fourteen Days.
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 26.— Confined One Months.
682. WILLIAM CARMICHAEL was indicated for stealing 1 bed, value 12s.; 1 bolster, 3s.; 2 sheets, 2s. 6d.; 1 quilt, 2s.; 3 pillow-cases, 3s.; 2 window-curtains, 9d.; 2 table-covers, 2s.; 4 chairs, 10s.; 1 wash-handstand, 7s.; 1 looking-glass, 6s.; 1 fender, 4s.; 1 tea-tray, 6s.; 3 saucepans, 6s. 6d.; 1 bread-basket, 6d.; 5 pictures and frames, 7s.; 2 drinkingglasses, 1s. 6d.; 1 wine-glass, 4d.; 1 broom, 6d.; 1 china ornament, 6d.; 1 kettle, 2s.; 5 tea-spoons, 1s.; 1 tea-pot, 7d.; 1 picture, 7d.; 2 shells, 6d.; 3 cruets, 9d.; 2 salt-sellars, 4d.; 2 knives, 5d.; 2 forks, 4d.; 1 flat-iron, 10d.; 1 jug, 1s.; 1 basin, 1s.; part of a bedstead, 2s.; 6 pates, 1s.; and 2 dishes, 5d.; the goods of Henry Byrne:— also 1 set fire-irons, 6s.; of Henry Byrne;— and also 1 pillow-case, 3s.; 1 candlestick, 6d.; 2 blankets, 3s.; the goods of the said Henry Byrne; to all of which he pleaded
GUILTY . Aged 26.— Confined Six Months.
WILLIAM BARTLETT . I am a baker, and live in St. Mary Axe. The prisoner was in my service—it was his duty to take out bread, to receive money, and to pay it to me, or to account for it in the evening—he has not accounted to me for 6s. 1 1/2 d. received on 26th Jan., and on Feb. 2nd—nor for 8s. 3d. received on 1st Feb.
Cross-examined by MR. DOANE. Q. How long had he been in your service? A. Something over two months—I knew where he had been before—I received a character with him, and took him into my service—I never mentioned these sums to the prisoner—I gave him into custody—he was at my house at that time, and I had ascertained that this money had been paid to him—he did not say he was quite willing to pay me if I gave him time—nothing of the kind—nothing was said about a twelve shilling debt—after I gave him in to custody, he put his hand into his pocket, and said, "I did not mean any wrong"—at the station-house he produced 9s.—I do not remember that he said he intended to pay the 12s. on the next day—I will swear he did not say it in my hearing—all he said in the shop was, "I did not mean any wrong"—meaning, I suppose, that he did not intend to steal the money, but that when he could make it up he would—the policeman was present at the time—the prisoner made no denial of having had the money—he was much surprised at being taken into custody.
Cross-examined. Q. Who receipted the bill? A. The prisoner—my shopman was present—the prisoner got change for a sovereign, and brought the change back to me.
ANN GARRETT . I am servant to Mr. Shelskey, a watch-maker in Houndsditch. On the 26th Jan. I paid the prisoner 6s. 1 1/2 d. for bread for Mr. Bartlett, and on 2nd Feb. I paid him 6s. 1 1/2 d. for Mr. Bartlett.
Cross-examined. Q. And you found some money? A. Yes, 9s. 1d. when I was called into the shop, he began to cry to his master, and, as I understood him, he said it was only 12s., he did not intend stealing it but making it up.
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor — Confined Two Months.
OLD COURT.—Wednesday, March 3rd, 1847.
PRESENT—The Right Hon. the LORD MAYOR; Lord Chief Baron Pollock;
Mr. JUSTICE COLTMAN; Sir W. MAGNAY, Bart.; JOHN JOHNSON, Esq. and H. HUGHES, Esq., Aldermen; and E. BULLOCK, Esq.
Third Jury, before Edward Bullock, Esq.
684. JAMES KELLY and THOMAS BAILEY were indicated for breaking and entering the dwelling-house of Elizabeth Taylor, and stealing 3 ozs. of peppermint drops, value 6d.; 1 dozen sugar-sticks, 4d.; and 1 box of toys, 2d.; her goods; to which
KELLY pleaded— GUILTY . Aged 12.
BAILEY pleaded— GUILTY . Aged 12.
Confined One Month
Before Lord Chief Baron Pollock
685. JOHN ASHFORD and MARY ANN DAVIS were indicted for feloniously having in their possession 1 mould, upon which was impressed the obverse side of a good sixpence:—2nd COUNT, stating it to be impressed with the reserve side
MR. DOANE conducted the Prosecution.
JAMES BRANNAN (police-sergeant G 20.) On the 25th of Feb., about ten o'clock in the morning, I went with Hawkins, Harvey, and Swanson, three officers, to No. 2, Smith's-court, Drury-lane—Swanson and Harvey, and I went up stairs to the second floor door on the right—I directed Hawkins to remain below in the court to watch—I found the second floor door fastened inside—we forced it open, and found the prisoners in bed in the room—I left two officers there, and went to the landing to call up Hawkins—we were then all four in the room—when I returned, I told the prisoners we belonged to the police, and had information that they were in the habit of making counterfeit coin—the prisoner Davis said, "So help me God, the b—rs will plant something"—I made no answer to that, and proceeded to search, and on a shelf near the fire-place, found a pipkin, which had the appearance of melted metal having been in it—it has the same appearance now, and behind it, in the corner of the shelf, was this plaster of Paris mould for sixpences—I said to Hawkins, "Take care of this; mind that it is not destroyed"—the prisoner Davis swore, and said she saw the b—take it out of his pocket and plant it there—the prisoner were taken to the station.
Cross-examined by MR. PAYNE. Q. Are you in the regular employment of the Mint in addition to being a policeman? A. No—I am often employed by them—I very frequently go on expeditions to break into rooms—I get additional pay from the Minton those occasions, more than in a case of larceny—the Mint pay better than the Country—sometimes I have 5s. a day, sometimes 7s., never more—Ashford was in bed, he said nothing—I received written instructions from the authorities to go this house—I did not see any informer—I got my instructions from Mr. Powell.
COURT. Q. Do you receive 7s. a day from the Mint with your attendance? A. When we are in attendance here—I receive pay as a policeman at the same time—the regular pay for a police-sergeant is 24s. a week.
JOHAN HARVEY (police-constable G 118.)I accompanied Brannan and the other officers to the court—I went into the room about ten o'clock, and saw the prisoners there—I took charge of Davis while the officers searched—I saw Brannan find the mould behind a pipkin on a shelf—Davis said, "So help me God he (or they) took it out of his pocket."
Cross-examined. Q. What was the fastening to the door? A. I cannot say—we were obliged to use a sledge hammer to get it open—that
took about a minute—I did look at the fastening—we broke the door off the hinges—I did not examine to see how it had been fastened—I kept the prisoners in bed till the mould was found.
BENJAMIN SWANSON (police-constable G 172.) I accompanied the other constables—my attention was directed to Ashford—he attempted to get out of bed—I desired him to lay quite—I kept hold of his hands, as the attempted to get up after I told him not—I kept him there while the officers were searching.
Cross-examined. Q. Four of you went into the room when they were in bed? A. Three of us—I did not look at the fastenings of the door—there were some chairs placed at the back of it—I did not see any bar across the door.
JAMES HAWKINS (police-constable G 191.) I went with the officers—I was directed to remain below at first, but was called up, and saw the prisoners—I received a pipkin and mould from Brannan, they are here—I heard Davis say, "I saw him take it out of his pocked"—I found some plaster of Paris on a table by the window.
WILLIAM SHIELDS . I live in Charles-street, Drury-lane. I am landlord of the house the prisoners lived in Smith's-court—the prisoner Davis took the room—I have seen Ashford there with her several times—I do not know whether he came at the time she did.
Cross-examined. Q. You were not before the Magistrate? A. No.
COURT. Q. When did Davis take the room? A. On the 18th of Nov. last—she did not give me any name—she did not state for whom she took it—it was for herself I believe—I did not know anybody was coming with her—she did not say for what purpose she wished to live there—I cannot say how soon after that I saw Ashford—I had seen him several times—I cannot say whether he lived there—I never had occasion to go up to the room—I knew nothing of their habits.
JOHN FIELD . I am inspector of coin to the Mint. I have examined this plaster of Paris mould—it is intended for casting counterfeit sixpences—it has both sides of the impression on it—this pipkin has the appearance of having been used on the fire for some purpose, perhaps for metal, but there is no metal in it—there is a mark—I cannot say it is metal—it may be, or it may not.
COURT. Q. Is there any mark of metal? A. I cannot say there is—it seems to have been used on the fire, and may have been used for metal most likely but I cannot be certain—here is a paper containing plaster of Paris in powder, similar to what the mould is made of.
Cross-examined. Q. Pipkins are very often put on the fire, are they not? A. Yes—I never saw the plaster before to-day—I must test it before I can prove it is plaster of Paris, but I believe it is—I do not think it is whitening.
NOT GUILTY .
Before Lord Chief Baron Pollock.
MR. O'BRIEN conducted the Prosecution.
JAMES PEARCE . I am in the employment of Mr. Warren, a farmer of Isleworth. On the 4th of Feb. I saw six of my master's sheep in the rick-yard they were teg-ewes, one year old—I saw them safe on the 5th of Feb
about a quarter to six o'clock, and missed one of them next morning—I gave information to my master's son, and went in search of it—I found the fore part of it in a field, one field and a half from the rick-yard—the hind quarters were missing—I saw footsteps going from the carcase across the field in the direction of the prisoner's house.
Cross-examined by MR. PRENDERGAST. Q. What do you call this animal? A. A teg—it was one year old—it was a female teg—we should call it a ewe when it is older, but not now.
COURT. Q. What would you call it? A. A ewe-teg—it was a sheep—it was lamb—at twelve months old they are called tegs—it is a sheep—it is not a lamb now—it was some time ago—it was a sheep when I missed it—teg means about twelve months old—it may mean past twelve months—I should not call it a ewe until it had got lamb.
MR. PRENDERGAST. Q. You sometimes hear of ewe lambs? A. Yes—it is never called a ewe in the trade until it has lambed.
MR. O'BRIEN. Q. Do not you call it a ewe lamb? A. A ewe teg—a ewe is a female.
WILLIAM WARREN . I am the son of William Thomas Warren, of Isleworth. On the 6th of Feb. Pearce called my attention to the loss of a sheep—I should call it a teg ewe sheep—it is a sheep, and it is a ewe—it is called a lamb until it is twelve months old—after that it is called a teg.
COURT. Q. Is it proper to call it a ewe? A. It is a ewe—it is right to call it a ewe—I call it a ewe teg till it has lambed—it was twelve months old, but has had no lamb—I do not know whether it is wrong to call it a ewe till it has a lamb—I should call it a ewe sheep—I do not know the terms applied to sheep before they have lambed—I think they begin so call the animal a ewe as soon as it has had a lamb—I should think not before—it is not a weather sheep.
MR. O'BRIEN. Q. Suppose it was five years old and never had a lamb, what should you call it? A. A teg ewe.
NOT GUILTY .
Before Mr. Justice Coltman.
MR. PRENDERGAST conducted the Prosecution.
GUILTY of Assault. Aged 26.— Confined Eighteen Month.
MR. DOANE conducted the Prosecution.
JOHN HARRINGTON . I am eleven years old, and live with my father and mother, in New-court, George-yard, Whitechapel. I never saw the prisoner before last Sunday fortnight, the 14th of Feb., when I was playing with another boy at the end of George-yard—I was running after the other boy—the prisoner was standing by and hit me—he did not hurt me—I stopped and said, "You had better be quiet, Sir"—I cannot tell what answer he made, but another boy came up to the prisoner, and hit him for having hit m—then the prisoner hit me again in my body—I then made a kicd at him, but did not kick him—I tried to kick him—the prisoner then took a whitehandled pen-knife out of his waistcoat pocket, opened it, and stabbed me with it—he held the blade down and the handle upwards, and struck downwards—it struck my arm near the shoulder—I called out that I was stabbed,
he came to my assistance, and tried to stop the blood with his smock-frock, and said he was sorry for it—I was taken to the doctor.
Cross-examined by MR. PAYNE. Q. What were you running after the other boy for? A. We were playing at touch, I was not running after him to hit him—I do not know whether the other boy was known to the prisoner or not—two of us were attacking him at once, and Stone called out "Oh you cowardly rogue, two of you him at once"—I made a kick at the prisoner, the other boy hit him—I did not tell the prisoner I would give him a punch in the eye—I said nothing but "You had better be quiet, sir"—I did not call some boys out of George-yard—the other boy called a boy out who I knew—I only saw one—that boy sparred up to the prisoner and hit him—I heard the prisoner say at Worship-street that he did not remember at the moment that he had a knife in his hand—I was playing with Golliker, who sells cotton—the police-serjeant took me to the doctor—a young man caught hold of my arm and took me home—I did not know him—he was not before the Magistrate—I only saw one boy come out of George-yard—I cannot say there were not more—there are a great many boys in George-yard.
THOMAS STONE . I am a cork-cutter, and live in Montague-street, Whitechapel. I was going down Wentworth-street on this Sunday, and saw the prisoner and two other boys—I saw Harrington standing before the prisoner, opposite George-yard—the prisoner's back was towards me—I was about twenty yards from him—they seemed to be talking together—another boy ran up Georage-yard, ran to the prisoner and pitched into him right and left—he struck him—he was a big boy—he made another attempt at the prisoner—the prisoner retreated back, and he did not hit him then—the same boy retreated back, and Harrington rushed at the prisoner and tried to strike him, and to kick him at the same time, but I do not think he did—the prisoner then struck Harrington with his right hand, and hit his arm down—his back was still towards me—I could not see anything in the prisoner's hand—I called out, "Oh you cowardly rouge, two of you on him at once" (meaning on the prisoner)—in about half a minute Harrington said, "Oh I am stabbed in the arm"—he ran to me on the pavement—I took off his jacked and saw the blood flowing—the prisoner ran up to him, took up the smock-frock and put it to stop the blood, and expressed very great contrition indeed.
Cross-examined. Q. When he retreated, did you see him as if taking anything out of his pocket? A. No—there were three boys altogether—one did nothing, but two of them were on the prisoner—I had never seen any of them before—a boy rushed out of George-yard, and went right to the prisoner, and then the prisoner started back—he did not make a blow at him—he put himself in a sparring position, but did not strike at him.
JOSEPH SMALLEY (policeman H 175.) I took the prisoner in charge, and said where is the knife you did it with—he said, "it is here," holding it in his hand, showing it to me—he said he was very sorry for it, and he was first to run to the boy to stop the blood—he did everything that he could do—I took Harrington to the doctor's to have his wound dressed.
THOMAS MEERES . I am a surgeon, and live at Brook-lane, Spitalfields. Harrington was brought to me about two o'clock—I looked at his arm, and found a simple flesh wound, about two inches in extent, going to the bone—it was not dangerous—it has healed now—the knife produced would inflict it.
GUILTY of an Assault. Aged 12.—Recommended to Mercy — Confined One Month.
Before Lord Chief Baron Pollock.
689. JOHN JAMES was indicted for assaulting Emma Steiner, putting her in fear, and stealing from her person and against her will, 2 rings, value 10s.; 1 sock, 2d.; 1 sovereign, 2 half-crowns, 6 shillings, and 2 sixpences; the monies of Jules Henry Steiner; and beating, striking, and using other personal violence to her.
MR. O'BRIEN conducted the Prosecution.
EMMA STEINER . I am the wife Henry Jules Steiner, of Crown-court, Dean-street, Soho. I cannot say for certain whether his name is Henry Jules or Jules Henry—I believe it to be Henry Jules—he is not here.
NOT GUILTY .
Before Mr. Justice Coltman.
MR. PLATT conducted the Prosecution.
HENRY THORPE . I was eleven years old last Christmas-day—I know the prisoner, and believe he is my father—I have lived with him four or five years—I have not seen my mother for six or seven years—a woman and three children live with him—on Sunday, the 14th Feb., about nine o'clock in the morning, the prisoner tied me up to the bedstead by a rope, by my wrist—I was there till three or four o'clock, he then came into the room, then went down again, then came back into the room and untied me, and took me down stairs—the woman who lives with him was there—when he got me down he said, "You had your day on Friday, now I will have mine."
COURT. Q. How had you had your day on Friday? A. I was at Mr. Burrows' Coffee-shop, and was treated well there, and had bread and butter—he meant that I was treated well then—that I was happy while I was there.
MR. PLATT. Q. You had been from home that day? A. Yes—when he got me down stairs he told me to stand in the corner of the room, just by the door—the woman and children were there—he sat down a minute, then got up, took this whip produced, and began to beat me—he held it for a minute by the thick end, and gave me several blows, and then struck me with the thick end—he hit me three or four times across the head—he hit me a good many blows across my ankles, across my eyes, and under my nose—they were heavy blows—my head bled, but not a great deal—the blood ran down and dropped on my shoes—he hurt me very much—he hit me across my wrist and arm, and right leg, on my elbows, on my shoulder, and all over my back—I can feel the bruises now where he hit me—it is a fortnight ago—after he had struck me, he asked me if I was not a pretty vagabond, and then Mr. Jarvis said, "Now take him up stairs and tie him to the bedstead again"—he took me up, and tied me to the bedstead, and then asked me if I was not a vagabond again, and hit me in the face with his fist—I was tied up with this rope, first round the wrist, and when in the bedroom, he tied my arms behind me, and tied me to the bedstead—I heard him lock the door and go away—I loosened myself, got out the window, and got over the tiles, through a skylight, and slipt down into Mr. Frogley's house, next door—they took care of me there—the prisoner came and knocked at the door, and asked if there was a little boy there—they said "Yes," and asked him if I was his boy, and if he
was my father—he said "No"—he wanted me to back—they not allow me to go, and sent for a policeman.
FRANCES FROGLEY . I am the wife of Joseph Frogley, and live next door to the prisoner. On Suterday, 14th Feb., between three and four o'clock, I was going into my front parlour—my husband called out that a little boy had dropped through the skylight—I looked, and saw Thorpe—he had been very much hurt—very much bruised on his hands and back—there were two cuts on his hand—there had been blood running, but it had dried on his cheeks—I undid his clothes and examined him—his back was very much bruised—I could tell from looking at the wounds on his head that they had been bleeding—in about ten minutes the prisoner came to the door, and asked me if I had got a little boy there—I told him yes, and asked him to come in, and asked him if that was his little boy, if he was the father—he said no, he was not the father—I said I would not let him go till I had authority from the policeman, as he had been ill used—the prisoner said I had better let him go in doors with him, and he would give him his dinner, and use him as he had done—I said if he did that, he would kill him, and I would not allow him to come in—I sent for the constable, and the boy and the prisoner were both taken to the station.
Prisoner. Q. Will you persist in saying I said it was not my boy? A. I asked if he were the father—he said he was not—when he found I would not let the boy go, he said, "What will you say if I say I am his father?"—I said, "He shall not go out of my hand till I have the advice of the police."
GEORGE KING (policeman H 27.) on the 14th Feb. I was sent for to Mr. Frogley's, and saw the prisoner and the boy there—Mr. Frogley said, in the prisoner's presence, that the boy had dropped through the skylight, and had been very much illused—I examined him—he had a large cut on the top of his head, and another under the lower part of the head behind, it had been bleeding, but the blood had got dry—he had a black eye, a bruise on the bridge of the nose—his hand and wrists were very much swollen—he had a bruise on his ankle—his back was covered with bruises down to his loins—I asked him, in the prisoner's presence, who had treated him so—he said that Mr. Jarvis had flogged him on the Saturday night, and sent him up stairs, that he laid on the floor all night, and on Saturday morning, Mr. Jarvis tied him up to the bed-post—the prisoner said, "I did that to punish him"—the boy went on, and said, that in the afternoon he untied him, took him down stairs and flogged him—that he afterwards took him up stairs and tied him to the bedpost again, and that he had untied the rope with his mouth, and got out at the window—the prisoner asked me to let him have the boy again, and said he would use him as he had done—I refused to let him go—the prisoner replied that he meant he would use him well, and insisted on having him—I said the boy shall be in the workhouse before long, and they must both go to the station with me—I asked him for the rope—he went into his own house, produced this rope from a cupboard, and gave it to me—as we went to the station the woman he lives with was walking alongside of him—he said to her "perhaps this will be a good job, we shall get rid of him altogether"—I took him to the surgeon's and got his wounds dressed.
THOMAS MEERES . I am a surgeon, and live in Spitalfields. Thorpe was brought to me about six o'clock—I examined him—found a quantity of congested blood on his face—I removed the hare from his head, and found a long superficial wound at the top of the head, and a very slight wound at the back—he was stripped, and I found his back very much bruised with long wheals and stripes—I attended to him—the injuries were such as could be produced by this whip.
Prisoner's Defence. I sincerely regret that I suffered my feelings, deeply wounded thought they were, so far to overcome me as to be induced to chastise this undutiful and cruelly bad boy so severely; but I most positively deny using the thick end of the stick, and respectfully beg you will allow me to state the circumstances which occasioned me so to act. He is in the habit of running away, and stopping two or three days and nights, robbing me of what money he can lay his hand on, or taking such small articles as he can easily convert into money, with him. I have adopted reproof hitherto, and have talked to him earnestly and repeatedly on the probable result of such a wicked course of conduct, in the hope of keeping him from the place were (through him) I now stand, but to no purpose. I cannot send him out to fetch anything in, for fear he should steal something; for, not content with being a little villain himself, he tell the people I send him out to steal. He was sent for some wood a short time since; he spent the money, and stole some wood, and said he was sent on purpose; a mob came round the door, and we were shamefully abused. Such tricks does he frequently play me. On this last occasion, when he ran away from home, he was taken in by some most esteemed friends of mine, who keep a coffee-shop. He told them the most diabolical falsehoods; that I had impugned the character of all the females of their family; and told a shop full of customer that his mother had six man in bed with her at once, and such-like vile slander, merely to make the men laugh, and to get money. Through this, I have found out that for months past he has been in the habit of telling the most abominable falsehoods to my lodger; that I gave her the worst of characters, searched her chamber, beat her baby, and indeed, lies beyond all endurance; and when asked by her (the lodger) why he did so, he said, because he wished me to be thought as bad as himself. Under these circumstances, I trust that my previous unblemished character for honesty, industry, and general good conduct; the deep disgrace he has brought upon me, the loss of my situation, my long confinement in prison (nearly three weeks,) and the destitute condition of my wife and three little children at home, may be considered ample atonement for my intemperate or inconsiderate conduct.
WILLAM EDWARDS (City police-constable, No. 258.) I know the boy, Thorpe—he was brought to the station-house one night by a gentleman belonging to some charitable society, who stated he had been into a respectable coffee-shop on Fish-street-hill for six pennyworth of halfpence, and found him, and he wanted a lodging—I believe he said he had been illused, and did not want to go home—he said were he lived—I went to take him home, but he would not show me the way—I had a deal of trouble to find were he lived—he wanted me to take him to the workhouse—I said, "No; you have got a home, I will take you there"—my inspector desired me to tell the parents not to illuse him, for the gentleman would probably call in the morning to inquire what sort of a boy he was—I told the father not to illuse him—he told me he had been brought home by a policeman previous to that.
ELIZA MOON . I have known the prisoner fourteen months—I know Thorpe—he generally passes as the prisoner's son—I have asked him if Mr. Jarvis was his father, and he has told me, "yes, but it is not everybody that thinks him so"—I always thought he was—as far as I have observed, he has been a very good father to him previous to this—he has fed him the same as his own children, and he always laid in the same bed with his children—I lived in the same house with them nine months, but do not do so at present—as far as I saw, he behaved kindly to the boy—he kept him the same as his other children—the boy has told me that he would run away and go to the workhouse, and he should be better off—I said, "if you run away you will
be worse off"—he said, no, if he went to the workhouse he should not have to clean knives and forks, and boots and shoes—I cannot speak favourably of him on the whole—I am no relation—I live about ten minutes' walk from them—the prisoner left the house were I live about November.
GUILTY of an Assault only. Aged 31.— Confined One Month. Before Lord chief Baron Pollock.
MR. BRIERLY conducted the prosecution. GEORGE GOODMAN. I am cashier to Messrs, Currie, of Cornhill. I produce a check for 20l., drawn in favour of Mr. Gooch, for which I paid a 20l. note, No. 93435, dated the 9th of Aug., 1845—(check read.)
ELIZABETH DICKENS . I live at No. 15, Wormwood-street, Bisdopsgate. On the 28th of Jan. I changed a check in Cornhill, and received a 20l. note for it, which I gave to my grand-daughter, to carry to my daughter—I forget the banker's name—I only received one 20l. note.
ELIZABETH GOOCH, JUN . On the 28th of Jan., 1846, I received a 20l. note from my grandmother—I do not know the number of it—I only received one—I took it home, and gave it to my mother—I saw it two or three times after in the drawer in my mother's room—my father lives at No. 9, St. Paul's terrace, St. Mary, Islington.
Cross-examined by MR. HORRY. Q. How long is it since you last saw it? A. I think three months, but cannot say exactly.
MR. BRIERLY. Q. When did you receive it? A. In 1846—I do not know the month—it was about nine months ago.
MRS. DICKENS re-examined. I have a book here in which I enter my money when I take it—it is in Mr. Lacey's writing—I saw these entries at the time he made them—I read them, and know that they are perfectly correct—on the 28th of Jan., 1846, 20l. in cash is entered—that was the day I received it.
I am the wife of Henry Burton Gooch, of St. Paul's-terrace, Islington. Nine or ten months ago I received a 20l. note from my daughter—I only received one 20l. note—I put it into a drawer in my bed-room—it belonged to my son, Horace Neave Gooch—I kept it in charge for him—I never missed it till the 10th of Feb., when the prisoner, who was my servant, left me—she gave me a month's notice to quit—I paid her with a sovereign and 5s.—I never paid her a 5l. or a 20l. note look at the number of the note, but I think I should know it again—I never knew the number or date.
Cross-examined. Q. Up to the discovery of your loss you are willing to give her a good character? A. She was going to a place, and sent a lady for her character—she conducted herself in a civil manner—I never gave her leave to have anybody come to see her—a man once called, and stood at the door—she went out on the step to speak to him—she told me he was her cousin—my house was never left with her only in it—I am positive there never was a man in the kitchen with her.
MR. BRIERLY. Q. Was that man ever in your bed-room? A. Never.
CHARLES HASWELL . I am foreman to Mr. M'Cann, boot and shoemaker, of Sun-street, Bishopsgate. On the 15th of Feb. the prisoner came to the shop, bought a pair of shoes for 2s. 6d., and gave me a 20l. note—I asked
what charge she would have—she, said "Four sovereigns, and the rest in silver"—I said, "How much silver, 17s. 6d. "—she said, "Yes"—I went up to my master, and asked him what I should do about the note—he came down, and asked her where she got the note—she said from her mistress—I asked her what for—she said, for wages—I asked her how much she received—she said, 7l., a 5l. note and two sovereigns—I asked her how mistress's address—she would not give it me—I said could not give her the note till she gave me her mistress's address, or sent her mistress to claim the note—a person with her told her to give up the shoes and have the note back—I refused to give it up—the prisoner went out, and fetched a man, who claimed the note from me—I called in a policeman, and gave the prisoner in charge.
Cross-examined. Q. When you asked where she lived did not she say "Angel-alley?" A. A person with her put the address on the note as Angelally—I asked who kept the house—she said her brother, and then she said her cousin—she brought a man in six or seven minutes—I was talking to the person with her the while, she did not go out of the shop—I am certain it was more than three or four minutes.
MR. BRIERLY. Q. Should you know the note again? A. Yes, by the writing upon it—the person with her put the address upon it—this is the note (looking at it).
JOHN WHITE (City police-constable No. 667.) On the 15th of Feb. I saw the prisoner at the door of M'Cann's shop—asked her how she came in possession of the note—she said her mistress had given her a 5l. in payment of her wages—I asked her what wages she had—she said, "27l. a year"—I asked where she lived—she said, "With Mr. Brown, of St. Paul's-terrace, Islington"—this is the note—(read)—this is the Lord Mayor's writing to these depositions—(read—prisoner says, "I was going to America with a young man, I did not want to let my cousin know of it—I took that young woman in to get the shop, as I could not write the name on the note—I got the note from Thomas Sullivan, who lived at Islington, near Pentonville—I have been living with Brown or Gooch, at St. Paul's-terrace—I lived eleven months with her—I was to meet the young man at Liverpool, or somewhere")
MRS. GOOCH re-examined. I generally kept the drawer locked—I have no recollection of leaving it unlocked.
(The prisoner received a good character.)
GUILTY . Aged 22.
MR. BRIERLY conducted the Perecution.
ANN LONGHURST . I am searcher at Newgate. The prisoner was brought there—I took her into the bath-room—she went into the bath—after that I searched her clothes, and found a 5l. note in the sleeve of her dress—this is it (produced.)
ELIZABETH GOOCH . I live at St. Paul's-terrace, in the parish of St. Mary, Islington, in the house of my father, Henry Burton Gooch. I lost a 5l. note—I know this to be it by its having "C. S. Johnson" written by Mr. Johnson, the person who gave it me.
Cross-examined by MR. HORRY. Q. How long is it since you received it? A. Three months—I have seen it once since, about two months ago—I gave it to my mother, she put it into the drawer with the other note—the two notes were together in the same drawer.
GUILTY . Aged 22.— Confined Six Months.
NEW COURT.—Wednesday, March 3rd, 1847.
PRESENT—SIR WM. MAGNAY, Bt., Alderman; MR. RECORDER; and MICHAEL GIBBS, Esq., Alderman.
Fifth July, before Mr. Recorder.
693. JAMES ANDERSON was indicted for stealing 1 metal gas branch and burner, value 5s.; the goods of Geoffrey Shakerly, and fixed to building:—2nd COUNT, not stating it to be fixed, and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 51.— Confined Eighteen Months.
GUILTY . ** Aged 18.— Transported for Ten Years.
GUILTY . Aged 24— Confined Nine Months.
JOHN CLARIDGE . I am assistant to Mr. William King, a pawnbroker, at No. 34, High Holborn. The prisoner used my master's shop for pledging—she sometimes came along and sometimes in company—I have a shawl pawned by her on the 10th of Feb., for 5s.—this is the duplicate I gave her.
JOSEPH HODGES (City police-constable, No. 31.) I went in company with Mr. Collins to Mr. King's, the pawnbroker—Mr. Collins at once identified this as his shawl—the prisoner gave up this duplicate of it at the station-house.
GEORGE JOHN COLLINS . The prisoner was in my service—she left me on Monday night, the 9th of Feb.—this shawl is mine—my wife entrusted the prisoner with it to wash it—she said she could make it look as good as new, and took it away with her—it was given to her on the Saturday or the Monday before she left—it was given her to clean, not to pawn, or make use of it—it appears cleaner now than when she had it.
Prisoner. I admit pawned the shawl, but I intended to return it on the Saturday night on which I was taken.
GUILTY . Aged 33.
Prisoner. I own pawing the trowsers; my prosecutor owed me 5s.; when he paid it me I intended to get the trowsers out, I wanted bread at the time; the other things I know nothing about.
JOHN CHAMPNEYS READ MINCHIN . I am a clergyman of the Church of England. I have chambers in Barnard's Inn—the prisoner was engaged by the wife of the porter of the lodge, to take charge of my chambers while I was in
the country—she came once a week to my chambers, to sweep and dust them—there was not 5s. owing to her—she left a statement on my table of what was due to her, and I left the money there—no one else had access to it, and I have every reason to believe she had it—I had directed the porter's wife to pay her—she said she had not been there for three weeks—I them left the money there—I came to my chambers and missed my books, and not one single article of wearing apparel was left in the chambers—the value of the whole was about 25l.—the prisoner was the only person who had access to my chambers—I gave her into custody—I went with the policeman to the pawnbroker's, and these trowsers were produced—she was asked by the inspector if she had disposed of any other property—she said she had sold a considerable quantity of clothes in Monmouth-street—I went there and saw a pair of my boots hanging up—I called a policeman, and said, "These are mine, and you will find my name at full length under the string in the lining"—he took them down, and my name was there.
Prisoner. I deny selling the boots; I sold two old coats in Monmouth-street, which Mr. Collins gave me, but none of Mr. Minchin's.
JOSEPH HODGES (City police-constable, No. 31.) I had the prisoner in custody—she gave up 14 duplicates at the station—one referred to these trowsers—the others referred to various articles of wearing apparel and some sheets and blankets, a ring, silver spoon, and other things—I heard the prisoner say at the station that she had sold a quantity of clothes in Monmouth-street—I did not take notice whose she said they were.
GEORGE JOHN COLLINS . I gave the prisoner one or two pairs of trowsers and a working coat or two, but no boots—she pawned a pair of trowsers at Mr. King's, for 1s., which he showed me, but I gave her them.
Prisoner's Defence. I pawed the trowsers through distress; the gentleman did owe me the money; the woman did not pay me; she said she had not seen him; he said his was a patent key; the inspector said it was a sham patent, and any thing would open it.
GUILTY . Aged 33.
ALFRED COX . I live in Barnard's-inn. I lost a pencil-case and a spoon from my rooms, and I noticed that a piece of cloth I had in my place was considerably shorter than it ought to have been—the prisoner had no access to my rooms by my permission—I knew her by sight—she used to attend to Mr. Tims's rooms, which are above mine—that would lead her to pass my door, and she has come down once or twice, and inquired for Ransome, my laundress—part of the duplicates of these things were found on Ransome, (see page 552,) and the others on the prisoner.
Prisoner. The linen cloth was never yours; I went to your laundress to ask her to lend me 2s.; she said, "I have not got any money, I was going to pawn the pencil-case and salt-spoon;" I pawned them for her for 4s., and she lent me 2s. of it.
JOHN CLARIDGE . I produce a piece of cloth which was pawned by the prisoner, on the 12th of Dec., 1846—I have compared it with the cloth remaining in possession of Mr. Cox—it appears to be part of the same fabric—I have a spoon and a pencil-case pawned by the prisoner, on the 13th of Feb., for a crown, in the name of Ann Davis, Cursitor-street.
ALFRED COX re-examined. To the best of my belief this spoon is mine—I had two, and missed them both from my chambers—this is the same as the other spoon which was at the other pawnbroker's, which Ransome confessed to be mine—this pencil-case is my brother's—it was left at my chambers on the 13th, the day on which it was pawned.
GUILTY . Aged 33.— Confined Eighteen Months.
SAMUEL WILKINSON SNOWDEN . I am an engineer, and live in Queen-street, Haymarket. I was in Newgate-market on the evening of the 6th of Feb.—I felt a slight shuffling at my pocket—I put my hand into my pocket, and missed my handkerchief, but wheter it was on the ground or not, I cannot tell—I did not miss it till I felt the shuffling—I followed the prisoner, who passed by me at the moment—he was the only one I took notice of—the policeman afterwards showed me my handkerchief—this is it.
Prisoner. Q. Do you recollect using your handkerchief previous to missing it? A. I cannot say—I might have used it two or three times in the market—on Saturday night there is a great crowd, but I was out of the crowd—I had suspicion of you because you were passing just at the time, and by your appearance, it struck me you had got it—I did not actually see it in your hand—I saw you pulling your own handkerchief out of your pocket, and wiping your nose with it—I cannot say whether I put my handkerchief into my pocket, or whether it was on the ground, but I missed it.
THOMAS RUSSELL (City police-constable, No. 220.) I saw the prisoner in Newgate-street—he was given into my charge—I told him he was given in charge on suspicion of stealing a handkerchief, and asked him what he had got in his pocket—he said, nothing but his own handkerchief—he put his hand into his right-hand pocket and drew out his own handkerchief—I put my hand into his left pocket, and drew out the handkerchief belonging to the prosecutor—I took the prisoner to the station—I found on him a note in imitation of a 5l. Bank-note, drawn on the "Bank of Elegance."
Prisoner. Q. Did I use any violence? A. Not the least—you did not give up this handkerchief—you denied having any handkerchief but your own.
Prisoner's Defence. I trod on something soft; I stooped, and found it was a handkerchief; I passed through the market with it, and then put it into my pocket; I had not proceeded above a dozen paces when I was accused; I then gave it up.
GUILTY . * Aged 23.— Confined One Year.
701. GEORGE MILLER was indicted for stealing 1 cask, value 6d.; and 44lbs. weight of lard, 1l. 6s.; the goods of Edward Archibald Jones and another; and JOHN HACKETT , for feloniously inciting him to commit the said felony.
JOHN FARRELL . I am warehouseman to Edward Archibald Jones and Henry Jones, at Fishmongers' Hall-wharf. I was at work in their cooperage, which is under one of the dry arches of London-bridge, on the 15th of Feb., between four and five o'clock—the door was shut—I heard a creaking noise
of the door being gently opened, and it threw a ray of light through the arch—Meller walked in directly after, took a cask of lard, and ran over to the street—I pursued, and caught him in the act of dropping the cask into a cart belonging to a butcher of the name of Stebbings, which was detained.
Cross-examined by MR. WILD. Q. He said he was employed by another person? A. He said a gentleman had employed him to take four firkins of butter out—I asked how he came to make a mistake in taking a cask of lard—I did not say, "Which way did the man go? "—I used no language of that sort—he was rather pert—I did not tell a gentleman that I gave him into custody because he was so cheeky—I said the boy was per, and he said he was always pert—I held him till the foreman came up, and he was given in charge.
MARGARET STEBBINGS . I am the wife of James Stebbings, a butcher, at No. 88, rosemary-lane—he has a horse and cart, and is in the habit of letting it out. On the 13th of Feb. the prisoner Hackett applied to me for it—I let him have it—it was the same cart that was detained with the lard—he said he wanted it for Mr. Gibbons, at the upholsterer's shop up red-lion-street—he asked my husband to let the young man harness it, and bring it up to Mr. Gibbons's, which is about five minutes' walk from our place—he came again on the 15th, about half-past three o'clock, and had the same horse and cart—he is the person who both hired it and drove it on the 15th.
Cross-examined by MR. MELLER. Q. Had he been in the habit of hiring it? A. No—there were three examinations before the Magistrate—I was not at them all—I was at the third—my husband and the servant were at the first and second—my husband did not know the party—we let out the cart to our neighbours, not to strangers—my husband generally sees to the horse and cart, if it is to be let out, but the man always goes with it—on the 15th my husband was up stairs in bed, and my servant was gone to Pickford's wharf—on the 13th Hackett and another young man brought the cart home—on the 15th Hackett came for it—he waited five minutes, till it returned from Pickford's wharf—I do not know whether my servant saw the person—he is short-sighted—I was not engaged at the time the cart was hired—he brought it home on the 13th, between eight and nine o'clock—on the 15th it was already harnessed, and he drove off in the direction of Gibbons's house.
SAMUEL DANIELS . I am servant to Mr. Stebbings. I drove the cart up to the door from Pickford's on the 15th of Feb., and I walked into the shop, leaving the cart and horse at the door—I found only my mistress in the shop—my master was up stairs—the young gentleman who had the cart on the Saturday had it again on Monday—I cannot swear whether it was the same person, my mistress said so—I did not take particular notice of him—when I came to the door, my mistress said the young man who had the cart on Saturday had been for the cart again—somebody got into the cart—I cannot say whether it was the same person who had it on Saturday—I have not the smallest doubt on the subject—the cart then drove off.
Cross-examined by MR. WILD. Q. Are you quite sure it was not Miller? A. I could not say—the reason I think it was the same person who had it on Saturday is, from what my mistress says, I do not know—I was busy—I am sure it was not one of the neighbours who had it—I never saw Miller get into the cart—my mistress said it was the same person who had it on Saturday.
COURT. Q. Is that your only reason for saying that it was the same person? A. I saw a party get in—I cannot swear whether it was the same person
or not—when I took the cart to Mr. Gibbons on Saturday, two gentlemen came and got into it—I do not know whether it was the same person who came on the 15th.
EMMA GIBBONS . I live at No. 6, Leman-street, Whitechapel. I know the prisoner Hackett by sight, and I saw Miller at the Mansion-house—I saw Hackett at my shop on the 13th of Feb.—the cart drove up to the door while he was in our shop—he got into the cart with another man, but I did not notice the cart—our shop is a bedding manufactures—they bargained for a bed, and paid 1s. deposit—Hackett did not come on the 15th—I believe Mr. Stebbings lives in Rosemary-lane.
MR. WILD called THOMAS BARRETT. I am a bricklayer, and live in the New-road, St. George's-in-the-East. I know the prisoner Miller—he is fatherless—I was induced to take him into my employ in consequence of the destitution of his parents—he was with me three years—I never had reason to suspect him—I heard of this case, and was induced to follow him up to this Court—I saw the witness Farrell yesterday, and I had some conversation with him in reference to this case—he said if Miller had not been to cheeky, he would have given him a thump of the head, and let him go about his business, but he was so cheeky he called the policeman, and gave him into custody.
COURT. Q. What does that mean? A. I can hardly tell—I came here yesterday to say what I knew about the lad's character—I asked Farrell if he saw the transaction—he said, "Yes, I took him into custody, he was just pitching the cask off his shoulder into the cart"—I said I understood he was engaged by some individual to take the cask—I had heard that from Miller's mother, and I stated that to some other individual, and Miller himself Positively denied Hackett being the person who employed him—I got that from the other witnessed—I did not rehearse all this—I wanted to know what there was against him, that I might come and speak what I knew—I did not pump the other witnessed, it flowed very spontaneously from them—I know nothing about the case, I have no interest in it.
MILLER— GUILTY . Aged 17.— Confined Nine Months.
HACKETT— GUILTY . Aged 26.— Confined Eighteen Months.
702. JOHN THOMAS PRINCE was indicted for feloniously uttering and disposing of a forged request for delivery of 2 silver watches, with intent to defraud John Charles Harry Delolme: also a forged request for delivery of 3 silver snuff-boxes, with intent to defraud Samuel Holditch, Thomas Hayne, and another; to both which he pleaded
GUILTY . Aged 29.— Confined Six Months.
PETER ASHCROFT . On the 21th of the Feb., about half-past seven o'clock in the evening, I was walking in Aldgate—I perceived a hand in my pocket—turned round and missed my handkerchief—I saw the prisoner running—I
ran and caught him—my handkerchief laid along side of him, on the ground—I picked it up—this is it.
prisoner. You laid hold of two of us, and asked which it was that did it; some said him, and some said me; you had the other one first, and then you took me and kept me. Witness. The prisoner came in contact with a boy who came out of a shop, without a hat—I only ran after the prisoner—they both fell down together, but I could not be mistaken in him—it was the prisoner I followed.
Prisoner's Defence. The prosecutor laid hold of two of us; the other one pulled from him and ran away, and he took me.
GUILTY . Aged 17.— Confined Four Months.
704. JOHN NICHOLSON, GEORGE HAYWOOD , and GEORGE BARNETT were indicted for stealing 39lbs. weight of cheese, value 1l. 2s. 9d., the goods of Robert Harper Griswold, in vessel in port of entry and discharge; to which
HAYWOOD pleaded— GUILTY . Aged 18.
BARNETT pleaded— GUILTY . Aged 17.
Confined Two Months.
ROBERT JONES (Thames police-constable, No. 44) On the 25th of Feb. I saw the prisoner Nicholson in a boat, sculling in the London-dock—I rowed alongside of him and asked him where the came from—he said from the collier alongside the Northumberland I asked him what he had got on the boat's thwart, in a handkerchief—he told me some cheese which his brother had given him—I asked to look at it, and found it to be 5lbs. of American cheese—I took him to the inspector.
JOHN ROBERT WHITE . I am inspector of the Thames police in the Londoncocks. The prisoner Nicholson was brought to me with the with the cheese—he said his brother had given it him, and that he belonged to a collier alongside the Northumberland—I took him on board that vessel, which was at the Eastquay—I found the other two prisoners there—Haywood said he had given Nicholson the cheese which was in the handkerchief—I knew Nicholson—he had belonged to the brig Ann, which is now gone, he had a brother on board the Northumberland.
NICHOLSON— NOT GUILTY .
ROBERT JACKSON . I am a meat salesman, and reside in Newgate-street. I have a place of business in White Hart-street—on the 9th of Feb. I heard an alarm, and found the prisoner in custody—I saw a basket lying on the ground and some beef, which I knew was my property—it had been there as a whole bullock, and had been cut to pieces by one my men—I knew it by the cutting.
PETER RICHARDS . I live in Little Surrey-street, Blackfilars-road. I attend Newgate-market as a porter—on the 9th of Feb., about ten o'clock in the morning, I was walking up and down the market—I saw the prisoner and another person walking about—I saw the prisoner take a loin of beef from Mr. Jackson's, and take it to Warwick-lane and put it into another man's
basket who was with him—he gave the other man a help to put it on his head—I told Mr. Jackson—the other man threw it down and ran away.
Prisoner's Defence. I never was near the beef, nor took it; I came through the market; a boy asked me for Fleet-street, and somebody came and tapped me on the shoulder and said, "That is him, that is him;" I saw the beef lying down.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Three Months.
706. CHARLES PETERS was indicated for stealing 15 dead fish, called mackerel, value 3s.; 13 dead fish, called soles; 11 dead fish, called plaice, 2s.; 1/2 a bushel of dead fish, called sprats, 2s.; and 1 basket, 6s.; the goods of John Evans.
JOHN EVANS . I am a fishmonger, and I live in king-street, New North-road. On the 12th of Feb. I was at Billingsgate—I gave the prisoner a basket with some mackerel, soles, and plaice, to take to the Bank of England—I was going there myself to go home by the buss—I did not see the prisoner again till the 23rd, when I saw him at Billingsgate—I followed him and took him down to the police-station—I never saw any more of my fish.
Prisoner. He said three men lifted me up with the fish, and if I had been the man he would have brought them against me; I was not the person. Witness, I lifted the fish on to the prisoner's head—I saw him with them—I knew him before, or I should not have given the fish into his possession.
GUILTY . Aged 24.— Confined Three Months.
JOSEPH DALTON (City police-constable, No. 366.) I saw the prisoner and another person with him about eight o'clock on Thursday evening, the 11th of Feb.—I watched them attempting to pick pockets—I saw them go to the prosecutor, and I distinctly saw the prisoner take a handkerchief out of his right hand pocket—I tapped the prosecutor on the shoulder, and told him his pocket was picked—I caught the prisoner and the other, but they both broke away—the pavement was very slippery—I knew the prisoner, and took him the next morning.
Prisoner. If he saw me take the pocket-handkerchief why did not he take me at the moment, without going to the prosecutor?—I cannot go anywhere but he is always watching me. Witness. I have not had the opportunity of watching him for the last six month—I knew him quite well, and I went by him to get to the gentleman.
WILLIAM CROSS . I live in Agar-street, Strand. I was going up Holbornhills on that Thursday evening—the policeman came and told me I had been robbed—my handkerchief was gone from my pocket—I had used it not two minutes before—it has not been found since.
Prisoner. I know nothing of it.
WILLIAM SICKLE (City police-constable, No. 290.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted the 6th of July, 1846 and confined six months)—the prisoner is the person.
GUILTY . (†) Aged 19.— Transported for Seven Years.
OLD COURT—Thursday, March 4th, 1847.
PRESENT—Lord Chief Baron POLLOCK; Mr. Justice COLKRIDGE; Sir C. S. HUNTER, Bt.; and Wm. HUNTER, Esq., Aldermen; and Edw. BULLOCK, Esq
First Jury, before Edward Bullock, Esq.
WILLIAM YARDLEY . On the 6th of Feb., about a quarter to ten o'clock in the morning, I was in Long-lane, Smithfield, and felt a slight touch at my pocket—I turned round, and the prisoner was about half a yard behind me, with my handkerchief in his hand—he looked hard at me, ran away, and threw it down—I took it up, followed him for about ten minutes, and then secured him—this is my handkerchief—(looking at it.)
Cross-examined by MR. HORRY. Q. Did the point your attention to somebody else running away? A. No, there was no one—he was rather more than half a yard from me—he may have thrown the handkerchief at me rather than on the ground—he looked at me, threw it down, and then ran away—I did not see anybody else there—he ran into Charterhouse-street.
COURT. Q. Was he behind you? A. Half way behind, by my side.
GUILTY . Aged 18.— Confined Four Months.
709. FREDERICK OSBORNE was indicted for breaking and entering the dwelling-house of William Craghill, at St. Mary, Islington, on the 21st of Feb., and stealing therein 3 gowns, value 10l.; 1 apron, 6d. 3 shawls, 2l. 10s.; 7 handkerchiefs, 1l.; 1 pair of trowsers, 1l.; 2 waistcoats, 2l. 6s.; and 2 rows of beads, 4s.; the goods of the said William Craghill.
WILLIAM CRAGHILL . I live at Hemingford-terrace—I keep the house—it is in the parish of St. Mary, Islington. On Sunday evening, the 21st of Feb., I went out to church with my wife—I left nobody in the house—I left it quite secure, and double-locked the door—I am certain of that—I returned about half-past eight o'clock, and found the door on the single lock—on entering I found everything deranged, and the parlour and bed-room drawers all turned inside out—I missed the articles named in the indictment, and found them at the police-station—I have seen them since—they belong to me and my wife.
PAUL PRITCHARD (police-constable N 237.) On the 21st of Feb., about half-past seven o'clock in the evening, I saw the prisoner in the Caledonian-road, about three quarters of a mile from Mr. Craghill's, and going from there—he had this bundle on his head—I stopped him, and asked what he had got—he said, "A coat and waistcoat"—I asked how he came by them—he said he had them from his mother—I asked where she lived—he said he could not tell me the name of the street—I asked him to show me—he said he could not—I found all these things in the bundle, except three handkerchiefs and a watch, which were in his pocket, with a box of lucifer matches.
GUILTY of stealing only. Aged 14.— Transported for Seven Years.
Before Lord Chief Baron Pollock.
710. ROBERT KERR was indicted for stealing on the high seas, within the jurisdiction of the Admiralty, 1 piece of paper, value 1d.; and 400 diamonds, 450l.; the goods of John Macmillan and other.—Six other COUNTS, stating them to be the goods of William Pailhet and others.—Nine otherCOUNTS, for stealing the said goods at St. Botolph-without-Aldgate.—Fifteenth COUNT for embezzling the same on the high seas.
MESSRS CLARKSON and DOANE conducted the Prosecution.
JOHN MACMILLAN . I live at Greenock. I am part owner with Archibald M'Keichine, and Mary M'Millan, or Cameron, of the barque Levenside, of Greenock—I have known the prisoner about three years—in Sept. 1844, the Levenside proceeded from Greenock in ballast—the prisoner was the master.
MR. BALLANTIONE. Q. Did you personally make the arrangements for the voyage of the defendant? A. Not exactly—I was a party to it—I wrote his instructions—the instructions were in writing—they have been sent to Scotland, but I think will be produced here.
MR. DOANE. Q. When did the vessel return? A. In Jan., this year—I had been expecting the vessel a long time previous to that—I had no infromation myself respecting the vessel—I had cause to be dissatisfied with the conduct of the master—in consequence of something that occurred, I went to Deal—I must have gone there about the 8th or 9th of Jan. in the present year—the vessel anchored in Deal roads, I think on the morning of the 21st of Jan.—I did not send anybody to her while I was at Deal—I went myself from Deal to the vessel on the morning of the 21st—when I got on board the prisoner was not there—I found the vessel in charge of a Deal boatman and the mate, no pilot—the mate is a young man, about twenty—the mate made a communication to me, in consequence of which I made a search in the captain's room—a drawer was pointed out to me—I had it broken open—I did not find any diamonds there, or any parcel at all—I found these two bills of lading in the ship's tin registry box, where the papers are usually kept—Lieutenant Ball, the superintendent of the coast-guard, was with me—this is the signature of Capt. Robert Kerr to both these documents.
(The bills of lading were here read: the first was of a consignment by Gantiaux and Palliet, of Bahia, of precious stones to the value of 2,830l. to Castello and Justiniani, of London, in a small tin box, marked "H S C, No. 344, Gantiaux and Palliet; "the second of a small parcel sealed, and marked "J H S, H. R. and Co., 345,"containing precious stones, value 450l., to J. H. Shroeder and Co., both signed, "Robert Kerr—contents unknown," and Dated 23rd Oct. 1846.)
MR. MACMILLAN. I left the vessel off Deal—I merely boarded her for a few minutes and then left her—she arrived in London somewhere about the 23rd of Jan.—on the 25th of Jan. I left London with Forrester, the officer, to go to Dover—I subsequently accompanied him to Boulogne, in search of prisoner—we went to Montreuil, which is about thirty miles from Boulogne, I think—we went to an hotel there—we did not find the prisoner there, but we waited for him, and he came there—when he came in said, "Oh, are you there, Mr. Macmillan?"—we were in the commercial or dining room—Forrester suggested that we should go into my room—we did so, with the prisoner—Forrester then asked the prisoner what he had done with the property, or words to that effect—the prisoner produced a bag out of his pocket, containing gold, and said, "That is all I have got, I have been robbed of the rest"—it contained eighty-for sovereigns, I think—he said he imagined he had been robbed coming down in the railway carriage to Folkestone from London, that a gentleman had been in the carriage with him, who went out at Ashford station, he himself went out there to get some refreshment, and immediately missed his train-ticket and money, and he supposed this person might have taken it—he was searched by Forrester in a slight manner, but not particularly—we afterwands dined—I asked him to take his dinner and make
himself comfortable—I said, "you must have been very unhappy for a long time, do endeavour to be comfortable to-night, and take your dinner"—he expressed great regret—he said, "If the other owners had been as kind to me as you have been, this would not have taken place," and he cried—after that he said, "Mr. Macmillan, I want to speak to you"—I said, "Very well, you had better retire again to my private room"—he and I went there alone—when we got there he sat down, and said, 'Will you assist me off with my boot?"—I said, "Yes"—I did so—he put his hand into his boot, produced a roll of notes, and said, "take you that"—I said, "How much have you got there, Capt. Kerr?"—he said, "200l.—I counted the notes in his presence, and found it to be so—after that, in expressing his contrition, he said, "I suppose I shall be transported fro this"—we then went down stairs and finished our dinner—I found forrester there, and handed the notes to him the first opportunity—I do not think Forrester said anything to the prisoner about the money after that—I rather think he declined treating on the subject at all—he wanted to conciliate and smooth him down, I think—the prisoner told me he had gone to a public-house called the Albion, at Wapping, where he had been in the habit of going some time previous, that he had not found the same party there that had been there formerly, that the same landlord that he had known was not there then; he said he had been taking a little grog and went to bed, that in the morning he was getting his coat brushed, and that, in order to have it properly brushed, he was obliged to take certain parcels out of his pocket, that he laid two parcels on the table, and that either Mr. Foreman or Mr. Hoare, (he did not know which,) said, "What have you got there, Capt. Kerr?" and that he said, "These are diamond;" and he remarked, "Can you sell the smaller parcel of the two for me?"—that the party replied they had no doubt they could, but if he added the larger parcel, they could more readily effect a sale by combining both parcels, and that re authorized the sale of both parcels; which I believe was effected—that was his narrative to me on the passage—he did me that a lady put about 800l. in Bank of England notes into his pocket at the public-house—I understood him to refer to Mr. Foreman, the landlady—I think he said he had got about 1100l. altogether—after our dinner at Montreuil, he said to me that he had slept at a coffee-house opposite the railway station, and that in the morning he discovered that his money was gone—that was in the steam-packet coming from Boulogne, I think—I think it was on our return from Montreuil—it was on our journey from France, I cannot say wheter it was on the steam-pocket or in the tarin—on the Tuesday morning we went on board the steamer at Boulogne—when he told me he had been robbed he said a person of the name of Foreman was with him constantly—he said he told Mr. foreman he had been robbed, that Mr. Foreman replied, "That is very unfortunate; you my suspect I am the person because I have been in your company, and I am very sorry that I have been in your company"—he asked me, "Are Mr. Foreman and Mr. Hoare in custody?"—I said I believed they were not, at which he appeared very much surprised—he afterwards said a Deal boat had boarded the ship off Folkestone, I think, fifteen miles or mid channel, and they had informed him that two gentlemen had been waiting for him at Deal for a week or more, that he asked the boatmen to describe the parties, the boatmen did so, and he said, "These are my owners, "and that he then entered into an agreement with the boatmen to land him at Folkestone, for a certain sum of money—he said the mate remonstrated, and said it was very improper for him to leave the ship in charge of a Deal boatman, who was tipsy at the time; notwithstanding that, he left the vessel and landed—he gave ad his reason that he would rather meet his owners
on shore than shipboard—that was the reason he gave to the Deal boatmen—he stated that being so sensible of his bad conduct during the voyage, and having heard his owners were waiting for him, had the vessel been going through the water quickly he should have thrown himself overboard—he did not say what he took with him when he went away—I do not remember that he stated anything more about Foreman and Hoare—nothing was said about what the diamonds had been bought for—nothing was said about his clothes.
Cross-examined by MR. BALLANTINE. Q. I suppose you have received the ordinary ship's papers? A. The bills of lading, the manifest, the register, the certificate, and all the papers, I think, with one exception—these bills of lading do not contain the whole of the cargo except these diamonds—there are various bills of lading, applying to various parts of the cargo—I have received the captain's copies of them, on which we usually collect the freight—the consignees become entitled to the delivery of the goods on payment of the freight, or previously indeed, for we generally trust them—these diamonds. Did not appear in the ship's manifest—no other articles were omitted from the manifest that I am aware of—we found the prisoner at Montreuil on Sunday evening, I think, about six or seven o'clock—we got to London on the afternoon of the Tuesday following—I think I took my meals with the prisoner during the whole of that time—I endeavoured to make him as happy as I could, I felt pity for him, I rather avoided speaking to him on the subject of the robbery—I spoke on other matters altogether—the conversation at that I have stated was all at one period—there was one conversation at Montreuil, and another on the passage home—that was not a very long one—we were shut up in the steam-boat—as far as I can recollect, those were the only two conversation I had with him—Iwas perhaps half an hour talking to him—I think I could have got through all the conversation in half an hour—he did not say he had been made drunk the night before—he said he had been talking spirits, but did not convey to me that he was the worse for liquor when he went to bed—I understood he had got it supplied to him in the house in which he was—he said that next morning some person spoke to him, Mr. Foreman I suppose—I do not remember that he said that he found Foreman in his bed-room on awaking—he said they asked him how he felt that morning—I cannot say that he left on my mind the impression that he was not out of bed when he first saw Foreman in his room—I cannot give word for word what he said—he certainly never stated that he found foreman had cut the parcel, nothing of the kind—he said that either Hoare or foreman proposed that the two parcels should go—he was exceedingly distressed and grieved at the occurrence.
MR. CLARKSON. Q. Did you find that he abandoned the vessel, and did you get the papers from the vessel? A. I found them in the ship's cabin, with the exception of the cargo-book, which we have not found—I do not know whether they had such a book—they should have had—he said that Foreman spoke to him in the morning—I do not remember whether that was at or before the time when he ordered the tailor to be sent to him in the morning—I remember he said one of the parties said, "How do you feel this morning, Captain Kerr?" (he had not told me at that time anything about a tailor,) that he added, "I fell very ill this morning"—that he said to foreman or Hoare, "Can you sell the small parcel for me?" and then Hoare or foreman Suggested that they had better be disposed of both together; they said, "We parcels;" and then he authorized the sale.
am nephew of one of the part owners. I went out with the vessel, and re-turned with her—I remember her leaving Bahia—she was caulked there—it was my duty to take an account of the cargo—I kept a book for the purpose—I was not aware before I left Bahia that there were any diamonds on board—the captain had not communicated that to me before we left Bahis, and I had no account of any diamonds—I learned it on the homeward-bound voyage—I went down into the cabin one forenood, and saw the master overhanling some papers—I happened to look over the papere, and saw two bill of lading, mentioning diamonds—they were not with the rest of the bill of lading, among the ship's papers, but were by themselves—I asked the captain why they were not put up along with the rest of the bill of lading—he said it was in case of pirates or other people coming on board; that the most likely place they would look at would be among the bill of lading and papers of the ship, and he would put them up when we got closer home, or nearer England—after he had shown me the bills of lading, he took two parcels from a drawer in the starboard side of the cabin, and showed them to me—I cannot say whether be unlocked the drawer—I looked at the parcels—one was about one foot long, and half a foot broad; the other was about half that size—there was paper out-side, which was sealed and secured—the large parcel appeared to contain some hard substance, as a tin box—it had several seals on it—I did not feel the smaller parcel—it was sealed, and in paper—the drawer was kept locked during the voyage—the prisoner kept the key—he told me the parcels con-tained diamonds—he told me where he had got them, and said the ship was to have so much per cent. for the freight of them—I remarked, "If you were to take a few out of these boxes how should the people know?"—he said they were all weighed out before him in Bahia—I remember the vessel being off the coast of Brest on our near arrival towards home—I remember two gentlemen, coming on board at Duornes, at the south-east of Brest—I saw the two parcels at that Iport—the gentlemen asked to see the diamonds—from what they said they knew there were diamonds on board—the captain produced them from the same drawer in the cabin from which he had pro-duced them to me—they were then sealed and secured as I had seen thed when we were at sea—I cannot say that I saw him replace them in the drawer in the cabin—the drawer was always kept locked afterwards, as before—I did not see them again from that time—we arrived in the Downs, on the 21st of Jan. by nautical time—that was Wednesday, the 20th of Jan., by civil time—we were boarded by some Deal boatmen, not pilots—we were then laying in the Downs, in mid-channel, between the English and French coasts—I did not hear the Deal men say anything to the captain while they were on board—it was my watch below—the prisoner came down to me, and mentioned that the owners werw at Deal, and that he had a great mind to go on shore—I said it would be better for him to stop on board—I was the next officer to him, and did not like to hae charge of the vessel unless we had a pilot on board—the prisoner went away on deck, came down below again, began to dress himself, and said he would go ashore—this was off Dungeness, about fifteen miles from the coast of Folkestone—we could see the Dungeness light—the prisoner remained below about twenty minutes, and dressed in the same cabin in which the starboard drawer was, where the diamonds were—I remember the steward coming down to the captain—I have not got the ship's log with me—I made an entry of the captain's leaving or abandoning the vessel—when he came up dressed there was a boat along-side, with the Deal men in it—he got into it, and went ashore—he left one of the Deal men, who was the worse for liquor, with us on board—next morning Mr. M'Millan, one of the owners, came on board—in consequence of not
finding the captain on board, he proceeded to examine the ship—I called his attention to the drawer of the cabin—we called the carpenter down, and had the drawer forced open—we found neither of the two parcels, only some papers—the prisoner's desk was examined, and the two bills of lading were found ther—I do not know who found them—I saw them in the hands of Mr. M'Millan.
Cross-examined. Q. Do they export diamonds at Bahia? A. I believe they do—we were touching at different ports of South America—I kept the cargo-book—it was my duty to enter everything that I knew of that was shipped, for the purpose of being freighted at London—it was the duty of those who entered anything to take care that I should know—I believe the cargobook is lost—I cannot say—I am certain there is no entry of these diamonds in it—there was no super-cargo on board—they called me mate—I acted the same as any mate acts—I am twenty years of age—I had not charge of the manifest—I cannot say whether these diamonds are entered there—there is a Custom-house at Bahia—before we left, the master was required to take the books ashore, I believe, and show them to some person at the Custom-house, I cannot say who—I am not aware that diamonds pay a very heavy duty out—I believe they do pay a duty for expotion.
WILLIAM BROWN RUFFORD . I was steward on board the Levenside. I remember the Deal men boarding us between Dungeness light and the French coast—the prisoner asked what time he should get on shore, if he was landed at Folkestone, if he should save the train—I saw the case in which the diamonds were contained in one of the French ports, they were sealed and covered with paper as they have been described—I was in the lobby, and heard him tell Loyd's agent they were diamonds—one of Loyd's agents asked the prisoner where the diamonds were—that he said he would show them when he got on board—he took them out of the drawer on the starboard side, and showed them to him—I believe he unlocked the drawer—I only saw one parcel, it was in paper covering something square, and hard, and sealed—after he produced it they asked to see them—the prisoner said he durst not break the seals—I never saw the parcel afterwards—the prisoner asked the Deal boatmen eight or nine times whether he should be searched if he went on shore at Folkstone—he came down below and dressed himself before he went ashore—I was below a few minutes—before he left the cabin I saw him go to the starboard drawer—about seven minutes before that, he had sent me up on deck to send the Deal boatmen down, so that if disposed, there was an opportunity for him to take anything out of the drawer—he appeared to me to manifest anxiety to see the owners—directly he left the ship, Campbell put a question to me about the drawer, in consequence of which I went down to the cabin, and in Campbell's presence, tried the drawer in which the diamonds had been kept—I found it locked—it continued so till Mr. M'Millan came on board.
Cross-examined. Q. Who do you mean by Loyd's agent? A. A gentleman that came on board off Dournes—there were two of them at first—they came on board off Brest—I understand that the Consul is the proper Loyd's agent, but they were always reckoned as Loyd's agents—I know that one of them at least was on board when the box was produced.
GEORGE FOREMAN . I keep the Albion public-house, in Lower East Smithfield. On Thursday, 21st Jan. las, about five o'clock, or a little after, in the evening, the prisoner came to my house—I had not known him before—he asked for Mr. Willett—he was known there, some persons called him by the name of Captain Kerr—next morning he asked me if I could recommend him a tailor—I said I could, and sent for a neighbour name Hoare,
who is a salesman living close by—after I said I could recommend him a tailor, he said, "Look you here, I have got some stones here which I brought home on speculation"—he showed them to me, and said he had been trading out two years on his own account—he asked me if I could sell them for him—I said I had never seen such things before, and could not sell them, but I would take them with me when I went for the tailor—I saw them—they were in a white paper parcel about half a foot long—the paper was open on the table in the bed-room, and the diamonds in it—he told me to ask 550l. for them——I went to Hoare, the tailor, showed him the diamonds, and asked him if he knew any one who would buy them, and he and I took them over to Mr. Gideon, a neighbour of his opposite—they were shown to Gideon—he sent for a man of the name of Benjamin to look at them—he came, and said he would take them into the market—he did so—I and Hoare went with him—they were offered in the market for sale, at the private Exchange—we went to one gentleman's office in the Royal Exchange—he said they would not suit him, and then I and Hoare went back to my house—I told the captain I could not get any such money for them—he said, "Well I am sorry for that, you have been gone a long time, and had a deal of trouble; there are a few for you, landlord, and a few for your tailor; take the lot and go and get what you can for them"—there were then two or three or four more small parcels on the table, all lying open, and a piece of brown paper lying underneath them—he put them to me and said, "Take them, and go and see what you can get for them"—this was about four o'clock in the afternoon—before Hoare left, he measured him for his clothes—I told him I could not go that afternoon, I would go for him in the morning if he liked—he said, very well—the diamonds that he gave me I put into my coat pocket, and Hoare did so too—he took them in his fingers and gave them to me—next morning I went with Benjamin and Hoare to Mr. Martin's, in the City, in Bucklersbury I believe it was—Benjamin proposed to go therehe said he would take them to the first-rate diamond merchants in London—Mr. Martin bought them for 1750l.—he weighed them first—he paid by cheque—I went to the bankers with the cheque with Hoare, and got 200l. in gold, and the rest in notes, which we gave to the prisoner—I told Mr. Martin who I was, and where I lived—the prisoner left my house about five o'clock on Saturday, and came back on Sunday about nine—he gave me a 30l. note, and told me that would settle his bill, and I might keep the change for myself—he did not mention the sum when he handed it to me—Hoare looked at it, and said, "Captain Kerr this is a 30l. note"—he said, "Well, that will pay your bill, and you can keep the change for yourself"—I left the prisoner that night at a coffee-shop opposite the railway station, in Shoreditch—I saw him there again next morning—he said he should not go by the train till the evening, and asked me to come and go with him—I said, "I will come if you wish it Captain—you had better come back along with me to stop, and not go down in the country"—he said he would go down for a few days or a week, and come back again—I went that evening and saw him in the train—Hoare and I put our diamonds together that evening, and I told him to go and sell them—I believe they were afterwards sold to Benjamin, but I did not go with them.
Cross-examined. Q. How much, in point of fact, did you get from Hoare, as your share of the diamonds? A. 140l., besides the 30l. note for the prisoner's board and lodging—I do not know whether that was a handsome present—if he had come back again, I should have told him what I had got for them—I should have given him back part, if not the whole, if he had wished it—I never saw any diamonds before—I considered they were like gravel—they looked as if they could be found on the beach, and could be picked up by anybody—if Mr. Martin had given me 750l., I should have taken
it—I did not know that diamonds were valuable—I could not believe they were diamonds I am thirty-nine years of—I believe some diamonds are valuable, and some not—speaking of diamonds generally, I should consider valuable articles were being spoken of—I did not suppose it was a valuable present when he took them out of his pocket and handed them to me—I found out the value of them by selling them to Blogg and Martin—we got 1,700l. odd for them—I gave the whole of the money to the prisoner, keeping nothing back—I gave him the whole of the notes, and then accompanied him to the tavern adjoining the railway-station—the tailor did not go with us—I saw the prisoner at the tavern near the railway-station, on Monday—it was not my wife that gave him the notes—she is not here—I had about half a wine-glass full of the diamonds, and Hoare also the same—I did not offer them back again when I found they were valuable—I never gave it a thought—I went to the tailor, having known him for years, to ask if he knew anybody that would buy them—I told him the captain wanted to be measured for a suit of clothes, and he had got some stones—that was on the following day, in the afternoon—when I went to Blogg and Martin's, I represented Hoare as a tailor, not as a relation of the captain who had brought home the diamonds—I will swear that—Hoare did not do so in my presence—I will swear nothing was said about his relationship to the captain—it was never said that he was cousin to the captain—I said the diamonds came from Captain Kerrmicousin, and had he used any other name, I should have given that—I did not say "my cousin," I said they came from Captain Kerrmicousin—that was the name he gave me.
COURT. Q. Did you understand "micousin" was a part of the name? A. I did—he said, "Tell him they come from Captain Kerrmicousin "—I had no reason to disbelieve him.
MR. BALLANTINE. Q. What time did he go to bed the first night? A. About eleven or half-past—he was not drunk—he was drunk when he came in the cab at first, but he had some tea in the bar parlour, and after that he got roused, and then went to bed—he appeared nearly drunk when he came at five o'clock—I served him with some gin-and-water after he had his tea—that was not to help him out of his drunkenness—I do not believe he had more than one glass of gin-and-water—I will swear I did not serve him with anything more—I did not see my wife serve him with any more—I went up to bed with him myself—he would not have known where to find the room, if I had not—I think he could walk up stairs—he went up, and I went up behind him with the candle—he was not leaning on me—the staircase is wide enough for two of us—nobody went up besides us—I went up to show him the room—I remained there while he undressed—I pulled his great coat off for him, and laid it on a chair—I did not find out that there were any parcels in it—it did not occur to me that there was anything weighty in it—I did not feel the weight of anything—I first went into the bed-room next morning, when he rang the bell, about eight o'clock—I swear I was not in the bed-room before eight—I did not go up till the bell rang—I have nobody but myself to go to the bed-rooms besides my wife—I have a pot-boy, but no chamber-maid—he was in bed when I went up—I came down directly—I did not go for Hoare for some time after—I did not take him up gin, but cocoa and toast—I did not go for Hoare till the diamonds had been offered in the market, I then went up to the bed-room about four o'clock in the afternoon.
CORNELIUS HOARE . I carry on the business of a tailor, in Sparrowcorner, Minories—I was sent for to the Albion, to measure the captain for clothes—he made me a present of a parcel of diamonds, and on Monday afternoon Foreman delivered me his portion, to be sold—I offered those the prisoner gave me, and also my portion, to Benjamin, who bought them—he
agreed to give 280l. for them—he afterwards annulled the engagement—he had paid me the money—I afterwards paid it back—the diamonds have been delivered up.
Cross-examined. Q. Did you hear Foreman represent himself as the cousin of the captain? A. He represented him as "Captain Kerr, my cousin"—I did not understand that was his whole name—he told me his name, Captain Kerr—he told Mr. Martin it was "Captain Kerr, my cousin"—I got 140l. out of the diamonds—I had never seen diamonds before—I first saw them about four o'clock in the afternoon, in the captain's bed-room—Foreman took me up there—I had seen some at eleven that morning—Foreman had shown them to me.
MR. CLARKSON. Q. Were you present at the conversation between Captain Kerr and Foreman? A. Yes—Captain Kerr said he was to say "Captain Kerr, my cousin"—I thought that was his real name—that "my cousin" was his real name—I saw the diamonds in the Captain's bed-room at the Albion—they were loose open—I saw them in the presence of the Captain.
BENJAMIN BENJAMIN . I am a general dealer, and carry on business at 126 Minories. I was called upon by Gideon, and saw Foreman and Hoare, I endeavoured to sell a portion of these diamonds on change—a larger portion was afterwards brought to my house by Foreman and Hoare—I accompanied them to the house of Mr. Martin, the diamond merchant, in Bucklersbury—the diamonds were weighed there—to the best of my belief, they weighed 2500 carats—it was Saturday morning, 23rd Jan.—Mr. Martin purchased them for 1750l.—I received a commission on the sale from Mr. Martin—after that Foreman and Hoare offered me some diamonds for sale to myself—(a parcel was here produced)—these are about the same quantity and appearance—I gave the same ratio as Mr. Martin bought them at, not being sufficient judge of the articles—I am not a judge of diamonds in this state—I bought them for 250l.—I sold them on the Monday for 520l., but did not deliver them, as the officer who came to me told me they were stolen—I annulled the contract and delivered them to Messrs. Oliverson and Lavie.
JOHN PEACHEY . I am an assistant at the office of Messrs. Oliverson and Co. I received a parcel of diamonds from Benjamin on Saturday, 30th Jan.—I sealed them up in Mr. Lavie's presence, impressed them with his seal, and brought them in the same state to the Mansion-house, at the prisoner's examination, and delivered them to Mr. Goodman, the clerk to the Lord Mayor.
CHARLES MARTIN . I am a diamond auctioneer, and live in Bucklersbury. I remember Benjamin coming to me, in company with Hoare and Foreman, in the morning of 23rd Jan.—he offered me some diamonds for sale—they were represented as having been brought to this country by the Captain of a vessel coming from Leon, who was the cousin of one of the parties present—they wished me to look at them and make an offer for them, and I did—I said I was not desirous of buying rough diamonds, as the market was exceedingly depressed, and should do much better for them if they left them in my hands to sell on commission, than if I purchased them—they pressed me to make an offer, saying the Captain to whom they belonged had a payment to make that day, and was very desirous of selling them—if I made an offer, they were ready to accept it—they produced five or six parcels—each parcel was separately weighed and valued—the valuation came to 2050l. or 2090l.—I made them an offer of 1750l. for the whole, which, after some discussion, they agreed to accept—I gave them a cheque and they left—this is the cheque—(this was drawn on the Commercial Bank of London for 1750l.)—I produce
a memorandum which was written by Hoare; Foreman made his mark to it—(read—Jan. 23rd, 1847. Dr. Blogg and Martin. To a parcel of rough diamonds 1750l. Creditor by cash, 1750l. George Foreman, his mark, for Captain Kerr)—when this was written, it was the first time I had heard the captain's name—they had told me they brought them from a captain, from the cousin of one of them—I sold a portion of the diamonds, 1549 carats—the negociation was commenced on the same day, and concluded on the Tuesday—I had not at that time heard anything of this robbery—I sold them to an establishment at Amsterdam, at 23s. per carat, 1760l. or 1770l.—I had one parcel left, which was produced before the Lord Mayor—(looking at a parcel)—I conceive these to be the same—I afterwards found another parcel—(produced)—I handed them to Mr. Goodman.
Cross-examined. Q. These are Brazilian diamonds? A. They are from a newly discovered mine in Bahia—I am not aware that there is any export duty at Bahia.
JOHN FORRESTER . I accompanied Mr. McMillan to Montreuil, in France, on 31st Jan. last—I went to a tavern there, to which the prisoner afterwards came—in consequence of what I had been informed, I desired the prisoner to produce any money he had—he produced a bag containing 84 sovereigns—I asked him what he had done with the rest of the money, and he said "I have been robbed of it"—I then said, "Have you got any diamonds left"—he said, I think I have got three—he put his hand into his waistcoat pocket, and produced three diamonds, which I gave up to the Lord Mayor, and saw sealed by his Lordship and Mr. Goodman.
MR. GOODMAN. I produce the three diamonds
JOHN FORRESTER (continued.) They are rough diamonds, at least as I am informed—the prisoner afterwards said he wished to speak to Mr. McMillan, and they went up stairs together—after they returned, Mr. McMillan produced to me some Bank notes, which I produce, in amount altogether 200l.
JOSEPH BEADLE , I am a clerk in the Commercial Bank of London. In January last, Mr. Martin, of the firm of Blogg and Martin, banked with us—on Saturday, 23rd Jan. I cashed a cheque of Mr. Martin's for 1750l. this is the cheque I so cashed—I have a book here containing the numbers of the notes—(referring to it)—the notes produced by Forrester form a portion of the notes with which I paid that cheque.
HERMAN OTTO POST . I am a partner in the firm of Shroeder and Co.—there are no other partners but Mr. John Henry Shroeder and myself—we have correspondents at Bahia, of the name of Gantiaux and Pailhet—Mr. Pailhet's Christian name is William—this bill of lading I received in due course of post—it has been drawn against me, and part of it has been paid.
COURT. Q. Was this a consignment to you on your own account, or on account of others? A. On account of the shipper.
GUILTY on 5th, 6th and 7th Counts. Aged 28.
Transported for Seven Years.
NEW COURT.—Thursday, March 4, 1847.
PRESENT—MICHAEL GIBBS, Esq., and JOHN JOHNSON, Esq., Aldermen; and Mr. RECORDER.
Sixth Jury, before Mr. Recorder.
711. GOERGE WOOD was indicted for feloniously breaking and entering the dwelling-house of Josiah Coulson, and stealing 1 counter-pane, value 2s. 6d., and 5 lbs. of bacon, 2s. 6d., his property; to which he pleaded
GUILTY . Aged 26.— Transported for Seven Years.
GUILTY . Aged 14.— Confined Twelve Months, and Twice Whipped.
GUILTY. Aged 12.—Recommended to mercy; and Mr. Green, his former master engaged to take him into his service, and entered into recognizances for his good behaviour for Twelve Months.— Confined Four Days.
714. MARY SHAW was indicted for stealing 1 gown, value 5s.; 1 apron; 1s.; 1 brooch, 2s.; 1 slate, 3d.; 3 lbs. of pork, 1s. 9d.; 1 pair of cuffs, 8d.; and 2 lbs. of beef, 1s. 6d., the goods of William Henry Johnson, her master; to which she pleaded
GUILTY . Aged 19.— Confined Six Months.
ELIZABETH QUARNE DUNCAN . I am a widow, and live at Chase-green, Enfield—I am in the habit of employing Thomas Young, a carrier, to convey goods for me—on several occasions I have delivered goods to the prisoner, to be carried by Mr. Young's cart—on the 9th or 10th of February, the prisoner applied to me for 5s., for his master—there were two bills, which amounted to 4s. 8d., which was a mistake of 4d.—I pointed out the mistake to the prisoner, gave him 5s., and gave him the bills for his master to correct—he said his master should come and rectify it.
THOMAS YOUNG . The prisoner was in my service to attend my errand-cart—he was in my service on the 10th of Feb.—he never paid me 5s., or 4s. 8d., in respect of a payment alleged to have been paid by Mr. Duncan—he gave me 2s. 6d., and said she ordered him not to call to worry her again—he told several stories—he said he had a sovereign to get changed, and then that he had a 5l. note to get changed, and then he said he had half-a-crown, which was all she had got—in a day or two afterwards I called round that way, and Mr. Duncan said she had given him 5s. and the bills for me to receipt—I said I had never seen them.
Cross-examined by MR. BALLANTINE. Q. How long has he been in your service? A. I have had him twice—on the last occasion he was with me three or four months—he gave me the half-crown about a week after he received it—I do not know whether he said he had lost half-a-crown—I was not present when he was taken—the officer is not here.
COURT to MRS. DUNCAN. Q. Did you ever give him a 5l. note, or a sovereign, to get change? A. No.
NOT GUILTY .
Shadwell. On Tuesday evening, the 5th of Feb., I received information—I looked towards my shop door, and missed 60 lbs., of bees'wax—I gave information to the police—the policeman Potter afterwards showed me a bag—I found some minute portions of bees' wax in it.
HENRY CATCHPOLE . I am a cabinet-maker, and live in Wood's-buildings, Whitechapel-road—I know the prisoners. On the 5th of Feb. I was in company with them—the two who have given the names of Jones and Smith are brothers, by what I have heard of them—I have known them to go by the name of Higgins—the real name of the prisoner who has given the name of Williams, is Thomas Bird—on the occasion in question, Williams gave me some money, and sent me into the prosecutor's shop for some tobacco—while I was in the shop, Mr. Carpenter missed the bees' wax—on my way home I met Williams—he said, "Where have you been?"—I said, "I came out of the shop, and have been making my way home"—he said, "You may go where you like now"—I thought it my best way to watch these parties, and I went opposite to where they live—Mr. Higgins, the prisoner's mother, lives in Whitechapel—I saw the prisoners go in there with a bag on their shoulders with something in it—they came out in about a quarter of an hour, and the prisoner Jones said, "We have go the bees' wax."
Q. What did you know about bees' wax? A. When I met Bird he said they had got a great piece of bees' wax from the door—that was how I heard of it—I was not aware of it when I was in the shop—when Williams gave me the money to buy the tobacco Smith was with him—they were very nearly opposite the shop—I did not see Jones at the time—I got the tobacco to smoke—Williams said, "Go, get me a quarter of an ounce of tobacco"—I did not give him any of it—I kept it, and smoked it—Williams and Smith proposed I should be sent in for the tobacco—they did not say anything as to the object they had in sending me in—Smith told me to go in, and I went in—he did not say why or for what object—this my signature (looking at his deposition)—it was read over to me before I signed it—I was sworn.
Q. What was said to you before you went in to get the tobacco, were you not willingly an accomplice to take the man off his guard while they stole it? A. No—I was not aware of it when I went into the shop.
Q. Did you say Smith said, "Let us send him in for some tobacco, and while he is in we can take it?" A. I believe they were the words, sir.
Deposition read—"Henry Catchpole says: I am a cabinet-maker, and live in Wood's-buildings, Whitechapel-road; I have known the prisoners for years, On Friday, the 5th of Feb., I was in company with them; the prisoners who have given the names of Jones and Smith are brothers; their real name is Higgins; the name of the prisoner who has given the name of Williams is Thomas Bird; Bird sent me in for the tobacco, and gave me the money to pay for it; while I was in the shop, Mr. Carpenter missed the bees' wax; I was going home, and met Bird about a quarter of an hour afterwards; he said, 'Have you seen any of them?' I said, 'No;' he said, 'Well, I have not seen any of them since I gave them the bees' wax;' Bird said, 'You can go where you like;' I watched Bird to Mr. Higgins's, the mother of the other prisoner; in about a quarter of an hour afterwards they came home with something in a bag, which I believe to be the bees' wax; they all three came out in about twenty minutes, and Smith said it was very heavy; I went with them down to Whitechapel Church, where they asked a man if he knew where they could sell it; I do not know where they sold it; I was not with them; I never saw the bees' wax after it was taken; they spoke of the bees' wax before I went into the shop; Smith said, 'Let us send him in for some
tobacco, and while he is in we can take it;'—they offered me half-a-crown, but I refused to take it; they did not give me any share of it, and that is where it is; the bag produced is the same bag that I saw Smith and Jones take into their mother's house; Jones had it round him for an apron, before the wax was taken."
Witness. That is right.
COURT. Q. What did you mean by saying just now that Smith said nothing before you went in? A. That is the same evidence I gave before the Magistrate—it is true.
Cross-examined by MR. PAYNE. Q. How long is it since you did any cabinet making? A. Just before Christmas, but I have been at my cousin's work, which is compass-box making—I was never in a prison, nor before a Magistrate but once, and then I was taken on suspicion about a handkerchief, but we went away with clean hands—I have never been in custody since—that was only on suspicion—a gentleman fell down, and I and another person picked him up, and he accused us of stealing his handkerchief—I said, "I will walk down to the station," and I went—the gentleman was intoxicated—that caused him to fall—I did not run against him—I did not ask these prisoners for money, and because they would not give me three half-crowns I give evidence against them—if they had given me any share I should have gone against them—I thought it was my duty to go against them—I have been an honest man all my life—I do not say it was my duty to go into the shop to buy tobacco, that the man's attention might be diverted while they took the wax.
COURT. Q. Did you not hear what Smith said? A. Yes, he said, "While he is in we can take it"—I did not know what he meant—I wondered what he was going to take.
MR. PAYNE. Q. On your oath did you not go in for the express purpose of enabling some person or other to take the bees'-wax? A. I think they meant to take the bees'-wax—I thought so when I went in.
MR. PAYNE to WILLIAM CARPENTER. Q. Was there a person came from the opposite side of the way and gave you some information? A. Yes—that person is not here—he was not before the Magistrate.
FRANCIS GOWRAN (police-constable K 258.) On the 5th of Feb. I saw the prisoner Smith, in company with Catchpole, in High-street, Shadwell, twenty or thirty yards from the prosecutor's shop—I turned and looked after them—I saw the prisoner Williams—I did not see Jones.
Cross-examined. Q. You have not mentioned before that you saw anybody else but Smith and Catchpole? A. Yes, I saw Williams two or three yards behind them—it might be four or five yards behind.
WILLIAM TAPLIN (police-constable K 234.) I apprehended the prisoners—I told them I took them on suspicion of stealing a quantity of bees'-wax from Mr. Carpenter—they said they knew nothing about any bees'-wax, I must be dreaming—at the station Jones made the observation, "Never mind, they can only lag us."
Cross-examined. Q. What was it they said when you told them you charged them with stealing this wax? A. That they knew nothing about any bees'-wax, I must be dreaming—I believe it was dreaming—I will not be positive about it—I believe it was "joking"—I believe the sergeant who
took the charge was present when Jones said, "Never mind, they can only lag us."
NOT GUILTY .
712. JOHN DARCEY alias WILLIAM GIBBS was indicted for breaking and entering the warehouse of George Downing and another, at St. Mark, Westminster, and stealing 1 order for the payment of 10l.; 1 bag, value 6d.; 4 half-crowns, and 10 shillings; and 1 order for the payment of 6l. 13s. 4d., their property; and that he had been before convicted of felony.
JOHN HENRY DOWNING . I am one of the firm of George and John Henry Downing—we are floor-cloth manufacturers, and live at Nos. 6 and 7, Lowndes-terrace, Knightsbridge. On Sunday morning, the 31st of Jan., I went from my private house to my warehouse—my dwelling-house has no internal communication with the warehouse—I found it all in confusion, the letters and papers strewed on the floor—the iron safe was broken open, the lock of it hanging off—the desk was broken, and one cupboard and two drawers—the back door was left ajar—it opens into an open yard—I noticed a pane of glass in the window at the side of the warehouse—it appeared as if a gimlet or bradawl had been forced in, the glass taken out, and the window opened—there is a beer-cellar under a covered roof, which comes up to the warehouse—it appeared that the warehouse had been entered by that covered roof evidently—I could see marks of footsteps—there were some rolls of floorcloth under the window, affording a means of descent into the warehouse—I missed a check for 10l., and one for 6l. 13s. 4d., and a canvass-bag with two half-sovereigns and 1l. worth of silver in it—the checks were payable to bearer—I have recovered the one for 10l.—it was presented, and the party stopped with it—this is it—it is a check of my partner's, and taken from the iron safe—the two half-sovereigns and the 1l. of silver belonged to the firm—the premises were fastened up about seven o'clock on the Saturday evening, and the keys brought round to me—there were evident appearances of the premises being opened in the way I have described—there must have been a breaking to get in.
ALEXANDER WHITE . I live in Clarendon-terrace, Notting-hill, and am cashier in the Union Bank, Pall-mall. This check was tendered at that bank by the prisoner on Monday morning the 1st of Feb., about ten o'clock—the bank opens at nine o'clock, and it was about an hour after that—I referred the prisoner to the back room, so as to have an opportunity of sending for the constable—I had had previous intimation of it.
JAMES WEBSTER JONES (police-constable B 59.) I took the prisoner into custody—I asked him how he became possessed of the check—he said he had been taking a walk round Charing-cross, and had met a gentleman who said he would give him a few shillings to get the check cashed for him—I said he had better take a walk with me, and see if we could find him—we went and did not see any gentleman that he could point out—on the Saturday evening I had seen the prisoner in the neighbourhood of Sloane-street—he passed me about half-past ten o'clock—he was nine houses from Messrs. Downing's—he was going towards Brompton.
Cross-examined by MR. PAYNE. Q. Had you known him before? A. Yes, for some years past—I did not speak to him on that Saturday night—my beat is in the main road between Sloane-street and Mr. Downing's—I stated that I met him somewhere near the corner of Sloane-street—it was at the corner near the crossing—he walked quickly past—I was coming from the corner of Sloane-street—he was going the contrary way—I met him—I received intimation
of the robbery on the Sunday morning—I went and examined Mr. Downing's premises—I then went in plain clothes on the Monday morning to the bank, and waited outside—I had the two banks in view—Ransom's bank is within three houses of the Union Bank—the other check has not been found.
MR. PAYNE called
JOHN BROOKS . I live with Mr. Giblett, a butcher, in Bond-street—I have been in his employ eleven years. On the last Saturday evening in Jan. I went to Mr. Stewart's, the Haunch of Venison, in Brook-street, Bond-street—I was there several times in the course of the evening—I was there first about eight o'clock, or a little after—I saw the prisoner there at eight, or a few minutes after—I lodge there, and went for my coat to put on, as it was rather a cold evening—the prisoner was then in the tap-room—I only staid a few minutes—I went back again at half-past ten—I was in at the Haunch of Venison perhaps two or three times, at intervals, between eight and half-past ten o'clock—I did not stay more than two or three minutes, to have a glass of something to drink—I am pretty sure I saw the prisoner most of the times I went in—I am sure I saw him once or twice between eight and half-past ten—he is no acquaintance of mine, merely a person I have seen in the tap-room—I have seen him there several times for the last two or three months—I have had conversation with him—when I went there at half-past ten that night my business was over—I staid till twelve o'clock at the house before I went to bed—the prisoner was there from half-past ten till twelve.
COURT. Q. Did you know his name? A. All I knew was that his name was John—I heard his father was a cow-keeper—I know nothing of his character or history—he was in the tap-room at half-past ten that night, according to my recollection—there were ten, twelve; or fourteen persons there—I do not know where the prisoner lived, or how he got his living—he did not sleep at the public-house that night, to my knowledge—he went out, and the house was closed when I went to bed.
HENRY GLENNISTER . I have lived for two years as waiter at Mr. Stewart's, the Haunch of Venison, in Brook-street, Bond-street—I attend the tap-room. I remember the last Saturday in Jan.—I knew the prisoner—he was in the habit of coming to the house occasionally, but not a great deal—he was there on that night, the last Saturday in Jan.—he came there between seven and eight o'clock, and left at twelve—I was in and out of the tap-room all the evening—I saw the prisoner every quarter of an hour, or it might have been less—there were other persons in the tap-room as customers—the prisoner could not have been away for half an hour without my knowing it—he is no acquaintance of mine—I have seen him as a casual customer—Mr. Stewart has kept that house for fifteen years—when I am out he attends to the customers—when I am at home he does not.
COURT. Q. How many people were in the tap-room? A. I should say about six—we had more in afterwards—the six persons remained there all the evening, four or five hours—they were not in a party—there were different persons there—the prisoner was one that remained from eight to twelve o'clock—he had no companion—I am in the habit of looking at the clock—I recollect the prisoner, because he was the only one who was there when he came in—he had the tap-room to himself for an hour or an hour and a half—nobody at all came during that time—towards nine customers that we generally have, came in—nobody interfered with him—they came in to have a pint of porter and smoke a pipe—there were persons came in, but no one interfered with him—I did not know the prisoner's name, or what he was—I heard
from his friends where he was, and I had a subpœna brought me about a fortnight ago, and then I recollected the man—he sat drinking his porter till a quarter past ten, and then he asked me for two plates to go and get some boiled beef—he went out for about five minutes—I am sure he was not gone an hour, or half an hour—he was not more than five minutes—I got him the plates—the beef came from Davies-street—I cannot tell the name of the person he fetched the beef from—the man is not here—the prisoner sat from seven till ten—he then got hungry, and I lent him the plates to fetch his own supper, and I waited upon him—he paid for all that I brought him in, as I left it—he might have had something oftener than every half-hour—he had a pint of porter at a time—I cannot answer how many pints he drank—he paid in halfpence for all the pints—I did not see him in conversation—he asked me in the tap-room for the plates, and I went down into the kitchen and got them—the servant was in the kitchen, but she knows nothing of it—she is not here—I fetched the prisoner a knife and fork, and mustard—he had no vegetables or pickles—he ordered bread, and he paid for it—then he sat down, resumed his solitude, and sat without uttering a word from seven till twelve o'clock at night.
MR. PAYNE. Q. I suppose you do not mean he did not speak a word? A. I did not see him talking—I had no acquaintance with him out of the house—I mean he was by himself, he had no companion—I am still remaining with Mr. Stewart—he is going to keep me on.
ANN QUINLAND . I live servant with the prisoner's father and mother—they are in the milk line—they keep fifteen cows—they live at No. 32, Kepple-mews South. The prisoner lived in their house in Jan.—I remember the last Saturday night that he came home—I do not know what Saturday it was—he came home at half-past twelve o'clock, and went to his bed—I am obliged to get up early about the cows—four o'clock is my time—he did not go out of the house again after he came home, and went to bed—I was milking the cows from four o'clock till seven—I then went out with my milk—I saw the prisoner in bed when I came in at nine o'clock—he did not go out before seven o'clock—he was there when I went out.
COURT. Q. Is anybody else from the family here? A. No—his mother was at home that night—she went to bed before ten o'clock—the prisoner has been living at home always—I have known him at home for the last fourteen months that I have been living with them—I did not live with them in Oct., 1845, only since Jan. twelve months—he was at home in Jan., 1846.
Q. Do you mean to say that? A. No, he was not at home—I do not know where he was—I was a stranger in the place then—I went in Jan.—I saw him very soon afterwards—I do not know whether he was there in Jan., Feb., March, or April—he was there before May—he got his meals at home—there was not any dinner provided for him that Saturday—he got his breakfast about nine o'clock, and went out—he was not in till half-past twelve—he left himself in—the door was always ajar.
COURT to JAMES WEBSTER JONES. Q. Were you waiting near that banking-house by previous appointment? A. Yes—I received information from Mr. Downing, and I called and told the clerks—I refcollected then that I had seen the prisoner on Saturday night—it is a usual thing to see him about there at night—I know the prisoner's parents—I called on his father—Quinland was there, and she said she had not seen him for six weeks—I never suspected the prisoner of being a thief—I knew him to be about at low public-houses.
COURT to ANN QUINLAND. Q. Did you tell the officer that you had not
seen the prisoner for six weeks? A. I did not—my fellow-servant and my mistress did—my mistress and the prisoner had some words, and he came in of a night after they were gone to bed, and went out at nine o'clock—his father knew he was in the house, his mother was ill for six weeks, and kept her bed—my mistress always quarrelled with the prisoner—she did not know he was there—he is her step-son.
MR. PAYNE. Q. You knew the prisoner was there, but you were afraid to let your mistress know it? A. Yes.
Prisoner. I wish to know where the officer has seen me.
COURT. Q. Can you be mistaken in the person who passed you that night? A. It is impossible, I cannot be mistaken—I mentioned that I saw the prisoner at half-past ten o'clock on the Saturday night, at the police-court—when I took the prisoner, we went before the Magistrate almost immediately—I waited at the police-court while a person went for Mr. Downing—I did not have a long conversation with the cashier—I did not tell him of having seen the prisoner—I have no doubt whatever of having seen the prisoner that Saturday night—I did not say to any one that I saw him on the Saturday night—I gave my evidence at once—I had the prisoner at the police-court soon after ten o'clock—the case might be heard two or three hours afterwards.
GEORGE WASTON re-examined. I know the prisoner—I attended at Clerkenwell in Oct., 1845, when the prisoner was tried—the beadle of the Lowther Arcade took the prisoner—he was charged with having connextion with pickpockets—John Cox picked the pocket, and gave what he took to the prisoner—the prisoner dropped the purse when he was taken—(read—Convicted 21st of Oct., 1845, and confined six months)—the prisoner is the person.
GUILTY . Aged 20.— Transported Seven years.
WILLIAM BAKER . I am mate of the brig Woodside, of Glasgow—she was in the Wappin-basin. On the 10th of Feb. I was on Tower-hill—I made use of my handkerchief, and returned it to my pocket after I had done—I felt a hand, and my handkerchief, was gone—I tuned and saw the prisoner—I detained him in my possession for a quarter of an hour—several persons came by and hissed me—a gentleman came and said, "Hold him a few minutes, and I will fetch you a policeman"—I did not find my handkerchief—where it went, I could not say—it was near the Nag's Head—there was a woman came out of a passage, and called the prisoner by name—I could not say what name she called him—I said to her, "You keep your respectful distance, or I will give you in charge as well as him"—I know it was the prisoner's hand which was in my pocket, because there was no person but him present at the time—I caught hold of him directly.
Prisoner. Q. Did you see any one else behind you at all? A. No person
was between you and myself—there was a woman standing at a passage—she called you, I believe, by name—I think there was a little boy a short distance off, and one or other who I considered were privy to the plot—they might be three or four yards off.
ELIZABETH COLLINS . I live in Upper Chapman-street, St. George's. I was crossing Tower-hill between six and seven o'clock in the evening on the 10th of Feb.—I saw the prosecutor near the steps of a beer-shop in Postern-row—he was putting his handkerchief into his pocket—the prisoner was close against me—the prosecutor had scarcely taken his hand from his pocket, when the prisoner put his hand in and took the handkerchief out—a woman came and said, "Jem, what is the matter?"—he either gave the handkerchief to her or dropped it—it was a red one—I saw it in the prisoner's hand.
Prisoner. Q. Can you say whether it was a silk one or a cotton one? A. I should say it was a silk one, but whether it was or not, I cannot tell.
Prisoner. I do not deny having a handkerchief, but it was my own.
Prisoner. Q. When you searched me did you find any handkerchief in my possession? A. Yes, but not belonging to the prosecutor.
Prisoner. I had this handkerchief in my hat—(producing a red handkerchief.) Witness. No, you had not a red one like that, you had a blue one, and that I have now here—you had a blue handkerchief round your neck.
Prisoner. The female was taken into custody and searched; if I gave it to her she would have had it. Witness. She was not taken till she got on to the other side Tower-hill.
COURT to WILLIAM BAKER. Q. What sort of handkerchief did you lose? A. It was a new silk handkerchief—the greater part of it was red—it had never been in my pocket till then—I purchased it just before—there was plenty of time to get it clear off, from the time I held the prisoner till the policeman came—it was nearly a quarter of an hour.
PIERCE DRISCOLL (police-constable H 24) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted the 15th of Sept., 1845, and confined twelve months)—I was present at the trial—the prisoner is the person.
GUILTY . (†) Aged 26.— Transported for Seven Years.
GEORGE RODWELL (police-constable B 205.) On the 10th of Feb. I was on duty in Abingdon-street, and saw the prisoner with another man, opposite the new House of Lords—I watched them—they went a little way up Abingdon-street and then returned—the prisoner then crossed to the new houses of Parliament, and came out from the side of them with this pipe on his right shoulder—I stopped him, and asked what he was going to do with it—he said to take it home—he said he bought it six months ago, but he refused to say who he bought it of, or to give any account of himself—it was covered with snow.
Prisoner. Q. Are you certain the pipe you have was what I had in my possession? A. Yes—it was out of my possession for about twenty minutes—I left it with a person I knew.
at the new House of Lords—I was fixing lead pipe on the 14th, 15th, 16th, and 17th of Dec.—I know this pipe—I fixed it inside against the wall, to bring water from the upper part to the lower part of the building—I have matched this to my work and it supplies the deficiency—it was fixed—I have the end here that was left, and the end of this in the prisoner's possession, fits it to a nicety—this end is stamped, showing the number of lengths that were made.
Prisoner. Q. Did you cut that end off yourself? A. No—I was not there when it was cut off—I find this corresponds with the end it was cut from—it was cut off with a saw—here are two saw marks which the man told me he left in, when he took it off—I have matched this to the saw cut, in the offset in the wall.
RICHARD LOWRIE . I am clerk of the works at the new Houses of Parliament. This lead produced is the property is the property of Her Majesty—it is part of the Government works at the new Houses of Parliament—the prisoner is a carpenter—he was employed there about eighteen months by Mr. Grissell.
Prisoner. I saw this lead lying in the snow; a man saw me pick it up; he was present on the first examination, nut not on the second.
WILLIAM HILL re-examined. Q. How can you account for this pipe being all over snow the prisoner had it? A. If it were so it must have been thrown over the fence into a passage that leads to the Committee-rooms, and in falling over it would be buried in snow—there was no snow on it when he took it—he must have brought it 150 yards from the place where he got it, before it was thrown over the fence.
Prisoner's Defence. If I stole it it is hardly reasonable I should be carrying it openly on my shoulder at that time of night; it was out in the snow when I saw it; I was not on the premises after half-past five o'clock—I knew it did not belong to me; and when the policeman stopped me I did not know what to say.
GUILTY . Aged 28.— Confined Six Months.
RICHARD FRANCIS SALTER . I live in Park-place Vilas, Maida—hill—the prisoner was employed by me for about three months as an errand-boy—he has been with me ever since—I have been missing different things at various times—I could not tell who to suspect—I did not miss any books, but after I missed other things, the policeman said it was necessary to go to the prisoner's lodging, and there these books were found—his mother is a poor wretched woman she said he had brought them home a week previous, and he said I had lent him them to read—they are five old school-books if mine, of no particular value—he had 1s. 6d. a week to clean knives and boots—I said he might stop when he pleased, and have his dinner, as his family was so poor he had no dinner at home—I have lost things of great value—a gold chain, and my wife lost a gold thimble, and I had marked some money which was found on him.
NOT GUILTY .
ELIZABETH SMITH. I am cook to Mr. Salter. I missed from my purse a shilling, which had been previously marked by Mr. Salter—he marked a shilling, a half-crown, and two sixpences—the shilling was in my purse in a drawer in a room adjoining the kitchen—I went up stairs to make the beds on the 17th Feb.—I was away about an hour—when I came down the shilling was taken out of the purse—this is it (looking at one).
THOMAS WILKINS (police-constable D 117.) I went with Mr. Salter, and found the prisoner in the boot-house, cleaning Mr. Salter's boots, about eleven o'clock on the 17th Feb.—I was in plain clothes—I told the prisoner I was a police-constable, and he was given into custody on a charge of stealing 1s. 6d.,—he said he hoped Mr. Salter did not suspect him—I commenced searching him, and then he took a shilling and sixpence out of his pocket, and gave it me—I found on him a bunch of small keys—I took him into custody—this is the shilling and sixpence.
RICHARD FRANCIS SALTER . I marked this sixpence with black ink, here is the mark—and this shilling is marked—these are a bunch of my keys—two of them belong to my desks—the prisoner had before impudently stated that if anybody charged him with thieving, his father was a lawyer, or a lawyer's clerk, and he would make them pay for it—I took him out of charity as his mother is very much distressed—a lot of table-knives were taken out of the paper, and the paper rolled up again as if they had not been touched.
Prisoner's Defence written. "I was engaged by Mr. Salter for a few hours of a morning, at 1s. 6d. per week, which I never received regularly, but have been obliged to apply two, three, or four times for it; at the present moment Mr. Salter owes me 2s., being nine days' wages, which if he had paid me I should not be here; the books produced are of the value only of waste paper, about 1d.; when I took them home, my father was pleased at my bringing such instructive books, and praised Mr. Salter for lending them to me (which he did not,) but which I only brought home to read; they were handed by my mother to the policeman, whose case this is, for the sake of getting his expenses—he has been to my brother's master to make the matter worse, but who declared my brother to be a truly moral and religious boy; respecting the keys, they are of scarcely any value, not 2d., I found them lying in the garden, and thinking nothing of them from their rusty state, I incautiously put them into my pocket, having never thought of trying to use them in any way.
RICHARD FRANCIS SALTER re-examined. I always paid him at the end of the week—I told him never to leave without my paying him—the morning he was taken, I owed him 1s. 6d.—I should have paid it him if he had not been taken—I believe his father is at the bottom of the whole of it—I have traced the knives to a place where they were offered for sale by a boy about the prisoner's size, but the man could not swear to the boy.
GUILTY . Aged 14.— Confined One Month, and whipped.
JOHN FARMER (City police-constable, No. 655.) On the 26th Feb. I stopped the prisoner in Bishopsgate-street—I found this carpet-bag on her—I asked her what she had got under under her shawl—she said, "Nothing"—I
pulled her shawl aside, and found this bag—she said she picked it up in the street—I took her to the station.
WILLIAM SCOVELL . I am in the employ of Mr. William Wood, and another, at No. 155, Leadenhall-street—this is their bag—I saw it about a quarter of an hour before the officer brought it back—the prisoner and another woman came—the other woman came into the shop, the prisoner stood outside, and I saw her take the bag away, which was hanging in front of the shop.
Priosner. He said he saw me take the bag from the hook, that there was no one in the shop but him, and he called the policeman and told him to follow me; the policeman said he had to inquire who it belonged to; I never spoke to a soul; I found it in Leadenhall-street; I was in no shop till I was taken.
Witness. I gave information to a policeman, but not to this policeman—the other woman came in and asked me for a letter to the hospital—she said her brother had broken his leg—the prisoner stood outside, and while the other woman was talking to me, the prisoner took off the bag, and went towards Bishopsgate-street—I was alone in the shop and could not pursue.
(The prisoner received a good character.)
GUILTY.* Aged 29.— Confined Six Months.
RICHARD MOORE . I am in the employ of Susannah Taylor, who keeps a butcher's shop in Newgate-market. On the 6th of Feb. I was outside the shop—I saw the prisoner take a piece of beef in her hand—I told her the price was 5 1/2 d. a pound—she gave me no answer—I turned to give the price to other persons—I then missed the prisoner and the beef—I went after her—I found the beef in her hand, wrapped-up in a cloth—I should think she was 100 yards from the shop—I gave her into custody—the meat weighed seven pounds two ounces—it was the middle of the half-round, and it was too salt, or the price would have been 6 1/2 d.
Priosner. I asked the price of it; he told me 5 1/2 d.; I asked if he would sell part of it; he said, "No;" I took it in my shawl; it was weighed, and I put down half-a-crown to the woman in the shop; I had the change in my hand then; he said a woman came and said, "Did you see that woman take the beef?" he said, "No;" and when I was before the Magistrate he swore he saw me take the beef himself; I paid 2s. 2 1/2 d. for it to woman dressed in black. Witness. My mistress takes money in the shop.
SUSANNAH TAYLOR . I serve in the shop, and only myself. I was not paid for this beef, to my knowledge—there is a probability that in the hurry of business I might have had the money given me, but it was not, to the best of my knowledge—there had been no salt beef weighed for an hour—I do not recollect the prisoner at all—I can positively say she did not pay me—I could not have taken less than 2s. 11d.—the only reason I should have taken that was, it was too salt—it cost me 6d. a pound.
Prisoner. I put the half-crown on the block; there was a younger lady in the shop, and the lady said 2s. 2 1/2 d.; she gave me three penny-pieces and a half-penny.
NOT GUILTY .
o'clock—I saw the prisoner get over the gate, and come to the shed—he took out an armful of hay—he got over the gate, off the premises, and I took him with the hay on him, about fifteen yards from the shed—he said he had brought it in a cart from Brentford—I was so concealed that he could not see me.
Prisoner. My brother told me I was to take half a truss of hay from Mr. Norton's, and he would pay him for it; I went and took it; I did not know but that he would pay him for it.
WILLIAM NORTON . I live in the parish of Cowley. The shed the officer was in, belongs to me—I have no doubt the hay was mine—I set the officer to watch in consequence of some losses—I gave no one leave to take my hay—the prisoner's brother had a truss of hay of me some time ago, but I do not know of his having any more—the prisoner has been warned off the premises—I have lost hay two or three times.
LAWRENCE MONAGHAN (police-sergeant T 6.) When the prisoner was brought to the station, and charged by the constable, he said he brought the hay from Brentford; that he did not take it from the shed, and that the officer took him when he was taking it out of the cart.
GUILTY . Aged 20.— Confined Four Days.
720. CATHERINE CONNER was indicted for stealing 2 yards of woollen cloth, value 1s.; 1 hankerchief, 1s.; 3 yards of ribbon, 6d.; 1 pair of gloves, 2d.; 1 watch-key, 2d.; 1 pair of ear-drops, 6d.; 1 necklace, 5s.; 1 other necklace, 2s.; 5 sovereings, 1 half-sovereign, and 1 10l. bank note; the property of Samuel Shannon, her master.
ELIZA SHANNON . I am the wife of Samuel Shannon—we live at No. 48, St. Paul's-terrace, Islington—the prisoner was in my service about five months. On the 19th of Feb. I missed from a drawer in my bed-room a box, containing several articles, five sovereigns and a half in gold, and a 10l. note—the drawer was locked, and I found it locked—I belived the property was there on the 16th—the key of that drawer was on a bunch of keys, and I had left it in a drawer till nine o'clock that night—after missing the box on the 19th, I went to the kitchen and said I had been robbed of 15l.—there was something in the prisoner's manner which induced me to suspect her, and I requested her to come with me to her box, to see what see had—I there saw a pair of ear-drops which had been in the box that the money was in—I found some velvet cuffs, a handkerchief, and a watch-key, which had been in the same chest of drawers, but not in the same drawer where the box was—I required her to turn out her pockets, and she produced a garnet necklace and a pair of red silk gloves, belonging to me—she had a red cloth petticoat on—the cloth of it was mine—I knew it because it was an old cloak, and from pieces that she had of it in her box, and from its being moth-eaten—I could swear it was mine—the constable was sent for—I reproached the prisoner with her conduct, and asked how she could do so—she denied that she had the money, and said she was not the first that had done wrong—she was searched at the station, and I saw a sovereigns and 14s. in silver taken from an old glove which was found on her—four sovereigns and a half were taken from one stocking which she was wearing, and a 10l. note from the top of her petticoat—I could not swear to this note as I did not known the number of the note I had. but it was folded in a particular manner to be put into the box, and this note had that appearance—I do not think it had been unfolded—there was another necklace found in a gown which the prisoner had just taken off, before she accompanied the officer and me to the station—she had seen me put money into that box—she came into the room on the 13th, as I was putting a sovereign and a
half into it—I attribute my loss to leaving my keys in the drawers, and during that time she had to go into the room to turn down the bed.
Priosner. These things that my mistress is speaking of were not hers; I found the money on the boards, and not knowing whose it was, I put it into my pocket and kept it.
SARAH PETTY . I searched the prisoner—I found upon her a sovereign and 14s. 4d. in the fingers of her glove, a 10l. note in the tuck of her petticoat, wrapped up in paper, and in her stocking there were four sovereigns and a half-sovereign.
ELIZA SHANNON re-examined. These are my articles—they were in the drawers—on the Saturday previous I missed two sovereigns from the table in the parlour, and when I found these I said, "Now, Kitty, I know who had my two sovereigns"—she has been pilering in a small degree all the time she lived with me—she said the necklace was hers, and she told the Magistrate she found the other things in the rag-bag—I had a character with her from No. 12, Red Lion-square.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy by the Prosecutrix.
Confined One Year.
GEORGE STRAY . I am a boot and shoemaker, and live in Crawford-street—the prisoner was in my service as errand-boy. On the 26th of May I gave him a cheque on Coutts the bankers' for 5l.—he was to get it changed, and bring the change back to me—the cheque was dated the 16th of May—he never came back—I inquired the same evening if he had obtained the money, and the cheque had been paid in gold, before one o'clock the same day—I found the prisoner lately at his father's, and gave him into custody.
JOSEPH GILBERT (police-constable D 177.) I apprehend the prisoner at No. 3, Palace-row—as he went to the station he said he had a very good master, that he had done very wrong, and was very sorry for what he had done, that he had taken the money and absconded, made use of the money, and went down into the country as a drover, and his father and mother had nothing to do with it—I cautioned him that I should have to relate what he said.
Priosner. You have made a mistake; I said I had a good master, and I changed the money; that was all I said.
Prisoner's Defence written:—"I am innocent of the crime—after I left the bank, I put the money safe, as I thought, into my pocket, and as I advanced towards home, I felt for my money, and to my great distress, it was gone; I did not know what to do; I fled from the face of my master, and went into the country, where I remained till the day I was taken."
GUILTY . Aged 18.— Confined Six Months.
SABINA HALLINGAN . I am the wife of James Hallingan, who works at an iron founder's—the prisoner is my son—a little before eight o'clock in the morning, on the 16th Feb., I went out of an errand—I saw the prisoner playing in Exeter-street, Chelsea—I was gone about three-quarters of an hour—when I returned, I missed a pair of child's boots, which I had left in the room—they cost 4s. 6d.
Prisoner. I had no victuals that morning, and I took the boots. Witness. He always had full and plenty—he is a very bad child, I am sorry to say—I can do nothing with him—my husband has tried all that lies in his power—he had his breakfast that morning, and went out to look for work—I went out with some clothes, and in the meantime he came back and took his brother's boots off the table—he is not willing to work—I have four children.
ANDREW ASLETT (police-constable N 73.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 26th Oct., 1846, and confined one month)—I was present at the trail—the prisoner is the person.
GUILTY . Aged 12.— Confined Nine Months, and Whipped.
OLD COURT, Friday, March 5th, 1847.
PRESENT—Mr. Justice COLERIDGE; Mr. Justice COLTMAN: Sir PETER LAURIE, Knt.; Sir WILLIAM MAGNAY, Bart.; and WILLIAMHUNTER, Esq., Aldermen: and EDWARD BULLOCK, Esq.
First Jury, before Edward Bullock, Esq.
723. JOHN WRIGHT and RICHARD THOMAS were indicted for burglariously breaking and entering the dwelling-house of Thomas Porrett Hayes, with intent to steal, and stealing therein, 2 candlesticks, value 13l.; 1 opera-glass, 2l.; 2 thimbles, 3s.; 1 yard measure, 5s.; 5 spoons, 1l. 5s.; 2 sugar-tongs, 1l.; 1 knife, 5s.; 1 cushion, 18s.; 1 watch, 1l.; and 4 trays, 4s.; his goods; to which
WRIGHT pleaded GUILTY . Aged 25.— Transported for Twelve Years.
THOMAS pleaded GUILTY . Aged 21.— Transported for Fifteen Years.
(John Henry West, of Kent-street, and John Charles Wright, of Kent--street, gave Wright a good character.)
MR. DOANE conducted the Prosecution.
GEORGE WHITTLE . I am an auctioneer and appraiser, and live at No. 45, Old-street—I owed Mr. White a bill of 1l. 1s. 4d. On 27th Jan. I sent the prisoner to him with that amount—I gave him a sovereign, 1s., and 4d.—next morning he came back, and brought me a receipt for 1l. 1s. 4d., and said, "I gave old White that money last night."
Cross-examined by MR. HUDDLESTONE. Q. Was the prisoner in the same employment as yourself formerly? A. Yes—I gave him 10s. a week—he
was to fine himself, and I was to teach him the business—he did not know the practical part of it—we had been clerks in the same office—I owed Mr. White the 1l. 1s. 4d.—I had obtained it from Mr. Winton in discharge of some rates and taxes—10l. was left in my hands to get the rates and taxes settled—there was 8l. 10s. 4d. due to the party going out, and 1l. 1s. 4d. to White—the money was left in my hands—I am answerable for it—it was not given me by Winton to pay White—it was left in my hands—it came to me, in fact, from Messrs. Hutchens, the brewers—Winton was the out-going tenant and White was coming in—the money was due to White—when the prisoner left my service, I deducted 7s. out of two weeks' wages which were due to him—it was money he had borrowed of me.
WILLIAM WHITE . I know the prisoner as servant to Mr. Whittle. On 27th Jan. he paid me 14s. 4d.—this is my receipt for 1l. 1s. 4d.—when I receipted the bill I supposed I was going to have 1l. 1s. 4d., but the prisoner said, "I have not any more with me, but will call to-morrow evening and give you the rest"—I let him go—he never called again—Mr. Whittle paid me afterwards.
Cross-examined. Q. Do you know that the prisoner called twice before he saw you? A. He had brought me some money previous to that—he brought me this money about seven o'clock in the evening—after he left, he came back, and asked me to lend him 5s.—I did so—he did not tell me when he brought the money that he wanted me to lend him 7s. of it, and would pay me afterwards—he said the balance due to me was 1l. 1s. 4d.—he paid me 14s. 4d., and, after I had signed the receipt, he said he would pay me the 7s. afterwards.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
Cross-examined. Q. What was it for? A. To advertise in two newspapers, 8s. for one paper and 5s. for the other—I do not know what papers they were to be in—the advertisement was about letting a house, and was to be put in when he thought fit—the 5s. advertisement was to be delayed for a few days.
COURT Q. Did you know that after you gave him the money or before? A. When I gave it him I said I thought one advertisement should be a few days after the other, but left it to his master.
GEORGE WHITTLE . The prisoner was is my service. On 4th Feb. I sent him to Mr. Hemming to receive 13s.—he came back, and said he had only received 8s., which he paid me, and I entered it in my cashbook—he did not pay me 13s.
Cross-examined. Q. Did you send him to get 13s.? A. Yes—for the purpose of advertising—I had stopped two sums of 5s. out of his wages, for two sums which he had robbed me of, and I had forgiven him, but this 5s. was not one of them—he promised it should not occur again—one advertisement was to be in a Sunday and one in a daily paper.
MR. DOANE. Q. Did you receive 8s. from him or 13s.? A. Eight—I never got the 5s.
his master—he said there was only 5s. wrong, and he could square that tomorrow.
GUILTY. Aged 20.—Strongly recommended to mercy by the Jury.
Confined Three Months.
Before Mr. Justice Coleridge.
MR. PAYNE conducted the Prosecution.
MARY EDWARDS. I am a widow, and live in Brunswick-street, Commercial-road. About the middle of Jan. the prisoner came to me and told me she had got an advance note for 1l. she wanted cashed, and wished me to do it, for the note was all right—that she was going into a little business, and wanted the money very badly—she produced the note to me, it was in the name of Mitchell—I gave her a sovereign for it, and she afterwards gave half-a-crown out of it for cashing it—in a few days she came again with a second note, and asked me to cash that for her, as she wanted me to do all her business—I did not cash it—I had not got the money, and told her to call in a day or two—she told me I was not to let Mr. Myers, who she lodged with, know anything about it—I went to Mr. Chapman, in Leadenhall-street, and made inquiries—in a few days I went to her and told her the note was forged—she said, "Pooh, pooh! it is a parcel of nonsense," and said she had got it from a sailor, and if I would wait a day or two she would write to her brother at Liverpool, and pay me the money—this was on the Wednesday—I was to wait till Friday or Saturday—I did not see her again till she was custody, a few days after, about some other matter—this is the note.
Cross-examined by MR. CLARKSON Q. Can you read writing? A. No—I can read a little—I know the note by the name "Edmonds" being scratched out—I am in the habit of cashing seamen's notes—I do not always get 150 per cent.—this was half-a-crown in the pound—she gave me that.
MR. PAYNE. Q. When you saw her in custody, did she say anything to you? A. She said she hoped we would not hurt her, that trouble and sorrow drove her to do it—Mr. Myers was with me.
MR. CLARKSON. Q. That was after you had had another note or two? A. No, I only cashed this one—I get my living by taking in a few sailors as boarders—I had two or three, sometimes five or six—I do not keep what is called a crimp—I do not get ships for sailors—I do not know whether the prisoner has a husband—she said the second note was her husband's, and it would be paid on the 2nd—I did not know her as a person in the habit of receiving sailor's notes—she was brought to me by a person who is here, who heard that I advanced money on notes.
WILLIAM ASTEL. I am clerk to Manning and Anderton, ship-brokers, of New Bank-buildings—they have a vessel called the Ann—it is known in the trade by the name of the Big Ann—William Bruce Stevenson is the master—I know his handwriting—the vessel left England some time in Jan., bound for Madras and China—there was a seaman on board named Edmund Mitchell—I have his advance note, which is signed by Captain Stevenson—it has been paid—the note in question is not signed by our Captain Stevenson—it is not drawn on Manning and Anderton, but on Messrs. Chapman, No. 1, Leadenhall-street—it mentions the Big Ann, bound for Madras, Bombay, and China—I do not know of any other Big Ann in the trade.
Court. Q. There may be a Big Ann besides yours? A. Yes.
SAMUEL LOVELOCK. I am clerk to Messrs. Chapman, of Leadenhall-street. They have no vessel called the Big Ann, and no captain named Stevenson—this note was presented at our office about two months back—this note has not the signature of anybody connected with our house or ships.
Cross-examined. Q. Is there no other Chapman in Leadenhall-street? A. There is Edward Henry Chapman, a shipowner, in Leadenhall-street, but this note says Mr. Chapman.
MRS. EDWARDS re-examined. The prisoner said she would take the man who gave her the note, when he came home.
WILLIAM STOREY (policeman K 149). I produce a certificate of the prisoner's former conviction—(read—Convicted Nov., 1845, and confined six months)—I was present at the trial—there were three indictments against her then.
GUILTY . Aged 33.— Transported for Twenty Years.
(There were two other indictments against the prisoner.)
727. JAMES EVANS and ELIZABETH SIMMONS were indicted for feloniously assaulting Thomas Sprange, putting him in fear, &c., and stealing from his person 18 sovereigns, his monies; and beating, striking, and using other personal violence to him.
MR. MELLER conducted the Prosecution.
THOMAS SPRANGE I am a seaman, and live in Dean-street, Shadwell, at Mr. Arnott's. On Monday, 8th Feb., in the evening, a woman named Parkinson, who lodges at Arnott's took me to her sister's house in Love-lane—I saw two women there—Simmons was one of them—I had not been there long before Evans came in—we talked of going to the theatre, but the night being so cold we did not go—I went to the Paviors' Arms with Mr. Parkinson and the prisoners, and had a pot of hot, which is beer with gin in it—I had nothing else—we remained there not more than ten minutes or a quarter of an hour—both the prisoners invited me to go to their house—I went to a house at the head of New Gravel-lane with them—both prisoners went with me, not Mr. Parkinson, she had gone home and left us at the public-house, before the prisoners invited me—when I got to the house I sat down in a chair, close to the bed—I had not sat there three or four minutes before Evans took hold of me, and hove me on the bed—he did not say anything—he held the clothes over my mouth to prevent my singing out—I called out, as well as I could, "Oh dear, what are you going to do?"—he did not answer me—I was lying on my back, and he was lying on me keeping me down—Simmons laid hold of me, loosened my trowsers, and took eighteen sovereigns out" of handkerchief which was round my middle—the handkerchief was not taken—I could see her undoing my trowsers—I had seen my money safe in the morning—it was tied in the trowsers, in the corner of the handkerchief—I could feel it safe all day, it made a bundle—I know it was there—I saw her take it, and saw the money in her hand—they then flew away from me—I did not hear them say anything while it was going on—I have lived with my present landlady, while ashore, for four or five years.
Cross-examined by MR. DOANE Q. Had you ever seen Evans before? A. No—I knew Mr. Parkinson very well, Evans is her nephew—I was not the worse for liquor—I had not had more than I ought to have had—I had had a few pots of beer during the day, and a little drop of rum and gin—I knew well what was passing, and what I was doing—I was not incapacitated by drunkenness from defending myself—I found Simmons at the house when I went in, Evans came afterwards—I had some gin before tea, but very little—I had not been in company with Evans till I came into the room—I think we
were together three or four hours—we had a little drink as we went along at the White Hart, in Gravel-lane—I am quite sure Evans put me on the bed—Simmons did not assist him, he did it himself, and then she took hold of me—I defended myself as well as I could.
prisoner Simmons. He sent out for gin. Witness. Yes, a gill, and then we had a pot of half-and-half—that was about two o'clock—I went for them myself—we afterwards had tea—I did not send her for gin and peppermint—I never saw any—I did not ask her if she was married.
Prisoners simmons. He took me into the passage, and asked me to go out for change. witness. I did not—we did not go together to the cock, and change a sovereign, nor have gin in a stone bottle—I did not ask you to take a walk, nor you say you would not go without Mr. Parkinson—I had some warm gin and beer at the Paviours' Arms—we did not go to the Duke of York—I did not ask if you were married—I had no thought of stopping with you—Mr. Parkinson did not go to the door of a bad house with us—I was not in a room with you alone—I did not give you 3s., then 2s., and then half-a-sovereign, nor undress to go to bed.
MR. MELLER. Q. At two o'clock you had a gill of gin? A. yes—I took a little of it, and a little of the porter which was handed round—there were two posts of porter—five persons partook of it—I went to the paviors' Arms about half-past six—we had only one pot of beer, and there Mr. Parkinson left us—I went home with the prisoners—I was perfectly sober.
COURT. Q. How long had you been from sea? A. I came home on Sunday night—this was Monday—I had never seen the prisoners before—the money was under my clothes—nobody could see it—I had not said I had it there—Simmons loosened my trowsers at once, and took it—she must have guessed that I had got my wages—I had been talking of having been a long voyage—Mr. Parkinson did not know the money was there.
Simmons. Q. Did you not next morning have five sovereigns in your possession? and did not you go with Mr. Parkinson to Evans' brother's wife, and give a sovereign to change to fetch liquor? A. I had a sovereign which was lent me by a man—it was not next morning, but in the afternoon—I borrowed it of John Hame, my brother-in-law.
JANE PARKINSON . I live with my husband, in Dean-street, Shadwell; the prosecutor has lodged with me, when at home, for four or five years. On Monday afternoon, the 8th of Feb., at one o'clock, I went with him to my sister's, in Love-lane, Shadwell, and saw Simmons there—Evans came in shortly after—we remained there all the afternoon, and took tea there about half-past five—the prosecutor was sober when we went there—we had some gin and two pots of beer, and then tea; then all went out together, to go to the play, but we went into the Paviors' Arms and had some gin—I went home, leaving them there—there was no conversation about the prosecutor having money—Evans is my nephew—the prosecutor came home about seven that evening, and said he had been robbed.
Simmons. Q. Did not you leave me and the prosecutor at the door of a house, the Duke of York? A. No; it was the Paviors' Arms I left them at—the prosecutor went to Evans' cousin's wife next morning, between ten and eleven, to find where Simmons lived—he had a sovereign then, and changed it for 1s. worth of gin.
COURT. Q. Did you know on Monday that the prosecutor had money about him? A. No—he said, when he went out on Sunday evening, that he had left his money in his chest.
Sunday I told the landlady it was in my chest, but the chest lock was not safe.
ROBERT WATKINSON . I am bar-man at the Pavior's Arms. On Monday evening I saw Sprange at the house with the prisoner and Mr. Parkinson—they had something to drink—I did not see them leave—I next saw Simmons about eight o'clock—she then gave me two sovereigns to take care of—she had never done so before—she had been in the habit of dealing at the house for a length of time—I have seen her with two or three sovereigns before—I kept the sovereigns half or three-quarters of an hour—she remained in the house—I went to bed—I gave her the money back about nine or ten o'clock.
Simmons. They belonged to a young woman.
MRS. PARKINSON re-examined. You saw the prosecutor with a sovereign on Tuesday morning? A. Yes, the day after the robbery, between ten and eleven o'clock in the morning—it was not in the afternoon—I did not see where he got it.
THOMAS BURNS (police-constable k 255.) From information I received, I went to a house in Devonshire-street, Commercial-road, but did not find the prisoners—I apprehended Evans at the Pavior's Arms on the 9th of Feb.—I told him the charge; he made no reply—I searched him, and found 2s. 1 1/2 d. on him—I apprehended Simmons on the night of the 11th—I asked her name—she said, "Daley"—I asked where she lived—she said, "play-house-yard, Whitecross-street, and told her she answered the description of the person I was in search of—she said, "I am the person you are looking for; my name is Simmons."
Cross-examined. Q. You have had this man in custody, have not you? A. Yes—I have not seen him since—I did not notice anything the matter with his side.
COURT. Q. Did you tell Simmons what she was charged with? A. Yes, with stealing eighteen sovereigns from Thomas Sprange—she said her name was Daley.
Simmons. He asked me about the robbery; I told him the house was a very bad house, and that plenty of robberies were committed there; the man has been out of the way ever since, and two girls who committed the robbery; I told him so, and it was his duty to look after them. Witness. When I told her the charge, she said she knew nothing about it—she said there were two girls at the bad house—it is a house of ill-fame.
MR. MELLER. Q. Were you present at the police-court when Simmons made a statement? A. Yes—it was taken down in writing—she did not sign it, she was not asked—this is the Magistrate's signature to it—I did not see him sign it, but know it is his—(read)—"The prisoner Simmons says, 'He sent for a pint of half-and-half, then for gin and peppermint, then he changed a sovereign; he asked me to take a walk with him, and said he would take us to play; he said it was very cold, and gave us some gin and beer; he wanted me to sleep with him, and offered me 3s.; I refused, and he gave me 2s. more; I said I could get that from a young man, and he gave me half-a-sovereign; two sovereigns are not eighteen; this man, Evans, knows no more about it than you do who are sitting there."
Simmons's Defence. The 2l. I had, belonged to a young woman who gave it me to mind; I was afraid I should lose it, and gave it to the man to mind.
them was in liquor—the prisoner came to me to have them back before I went to bed—she was in company with some girls.
(The prisoner Evans received a good character.)
EVANS— GUILTY . Aged 27.
SIMMONS— GUILTY . Aged 26.
Confined Twelve Months.
Before Mr. Justice Coltman.
728. EDWARD MOTTS, GEORGE MCGREGOR , and WILLIAM BIGGS were indicted for breaking and entering the dwelling-house of William Fitchew, at St. Ann, Westminster, and stealing therein 1 knife, value 7s.; 1 fork, 7s.; and spoon, 7s., his goods; to which
MCGREGOR pleaded GUILTY . Aged 12— Confined Twelve Months.
SAMUEL HART . I am in the employment of Messrs. Duff and Hodson, music-sellers. On the 24th of Feb., about twenty minutes past two o'clock in the day, I was in Dean-street, and saw the prisoners at Mr. Fitchew's, a silversmith's window, with their faces to the window, quite close to it—I saw Mott with a basket, holding the lid open with one hand, and hand, and holding the basket with the other—a pane of glass had been cut—I did not see M' Gregor's hand in the window, but I saw him take his hand from the window and pass something into the basket—I saw his hand a very small distance from the broken pane, just by it—he put his hand into the basket—I saw that he had something in his hand, which he put into the basket, but I could not tell what—I immediately seized Mott—the other lads ran off—I took Mott into Mr. Fitchew's shop with the basket—Mr. Fitchew was in the shop serving a lady—he took hold of the basket which Mott had taken in his hand into the shop and found a knife, fork and spoon, his property, in it—Mott was taken into custody—there was also a piece of glass in the basket, which I suppose had been cut out of the window—I did not see it cut out, or see it fitted.
Cross-examined by MR. COOPER. Q. How far were you from the boys when you first saw them? A. I was on one side of the street and they on the other—there were only these three boys—the first thing I saw was M'Gregor's hand just out of the window—it is not a very wide street—I had never seen either of the boys before—I had got just to the edge of the curb before they ran away—Mott's father brought Biggs to Marylebone policeoffice on Friday—I do not know why he was brought—I do not know what Mott's father is—I had never seen him before.
WILLIAM FITCHEW . I keep a shop in Oxford-street. Hart came into my shop and brought Mott in with one hand, and a basket in the other—he said my window was being robbed, and if I looked in that basket I should find some of my silver—Mott began to cry—I looked into the basket and found a silver knife, spoon, and fork, and a piece of glass—I examined my window, and found an orifice corresponding with the shape of the piece of glass found in the basket, and that a silver fork, knife, and spoon had been taken from the window, but not the case they had been in, that was lying open—I should say I had seen the window safe within half an hour or an hour before—I had been continually in the shop and observing the window—I had seen the articles safe a short time before—I cannot positively identify them as being there that day, but they were there the day before when that part of the window was cleaned—the window was entire in the early part of the day—as far as my judgment goes the window had been cut by some instrument being passed into the putty at the end of the glass, which caused a crack, and
then the transverse way, by which the glass came out, and I am led to suppose so because I have had my window cut four times within a month—Mott was taken into custody.
(The prisoner Mott put in a written defence, stating that he was in the service of Mr. Barrow, a surgeon, in Davis-street, Berkeley-square, as errand-boy; that on the day in question he was sent out with some medicine and met Biggs and M'Gregor, who were constantly watching him about; that they insisted on walking with him, and on arriving at the prosecutor's house they told him to wait a short time; that M'Gregor came up and put something in his basket; he did not know what it was; he was immediately seized, and handed over to the police; and that the policeman stated before the Magistrate that he believed he had been trepanned by the other prisoners, and that the Magistrate said the same, and admitted him to bail.)
MOTT— GUILTY . Aged 14.— confined Six Months.
BIGGS— GUILTY . Aged 16.— Confined Twelve Months.
Before Mr. Justice Coleridge.
MR. BALDWIN conducted the Prosecution.
GEORGE LESTER . I am barman at the Fox and Peacock, Gray's Inn-lane. On the 15th of Feb., about half-past twelve o'clock at night, the prisoner came into the house—he was drunk and disorderly—he called for a pot of beer—I refused to serve him—he said he would be served—I told him he should not—my master told me to go round and put him out—I did so—when he got outside he struck at me, and attempted to come in again—I put out my hand to guard off a blow, which caused him to fall—I never touched him—I went into the house and shut the door, leaving him outside—about five minutes afterwards my master told me to go out and put up the shutters—I went out for that purpose—I had a stick with me with a ring to it to raise up the shutters out of a slide—it is an instrument which I usually had for that purpose—when I got out the prisoner was on the opposite side of the road—I was going to put up the shutters—he came across towards me—I put down the stick—he struck at me—I guarded the blow off with the stick—I never touched him—I put the stick away inside the front door, then went to him and told him—to go away—he said he would not, took me by the collar, and threw me down—we both fell together—I was undermost—after I was down I received a kick on the elbow from the prisoner—he had boots or shoes on, I cannot say which—I felt at once as if my arm was broken—I am sure that was caused by the kick—I felt it directly—I was taken to a surgeon, and the prisoner was taken into custody.
Cross-examined by MR. PAYNE. Q. Was he not very drunk? Yes—when I put out my hand he was so drunk that he fell backwards—I do not think he had been drinking with some person inside—I did not see him with any one—I do not believe there was a woman of the name of Ellard there—I
will not swear there was not—I do not believe the prisoner was drinking with her—there was a woman named Cullen there—I did not see him drinking with her—I cannot swear he was not—there was a man named John Ellard there—I do not think he struck the prisoner while he was talking to Mary Cullen—I saw him talking to him—I did not see him strike him—I will not swear he did not—I did not see Ellard strike the prisoner—I think the first time he was put out of the house was because he complained of Ellard striking him—I put him outside—I went outside with him—I staid at the door for a time after I put him out—he attempted to strike me then, and I put out my arm and down he went—he got up and tried to strike me again—he was reeling about like a drunken man—he was on the ground two or three times—I cannot say which—when I went out to put up the shutters he attempted to catch hold of me—the stick I had was a shortish stout stick, not very thick, with a piece of iron at the end of it—the prisoner was trying to catch hold of me, and I held it out—I will swear I never touched him—he was nearly close to me when I put out the stick—I merely put it up to ward off the blow—he did not fall down then, but stood there while I put the stick away—I did not put it away to come out and have a fight with him—I put it inside and called for the police—I was standing just at the front door—he laid hold of me, and we both fell—he threw me down—that was the first fall I had—he got me down—I never pushed him at all—we were merely tusttling together a second before we fell—he did not fall from drunkenness and pull me down on him—I was on the ground when he kicked me—he had got up then—I tried to get up, but could not—I was not drunk—I could not get up, because I had had such a fall—I did not get up, I was picked up—I know John Ellard—he is not an acquaintance of mine.
MR. PAYNE here stated that he could not resist a verdict of assault.
(The prisoner received a good character.)
GUILTY of Assault. Aged 22.— Confined Two Months.
Before Mr. Justice Collman.
730. JAMES DOWLING and MARY DOWLING were indicted for stealing, at St. Margaret, Westminister, 2 coats, value 6l.; 1 pair of trowsers, 1l. 5s.; 2 waistcoats, 30s.; 2 handkerchiefs, 6s.; 1 gown, 15s.; 1 box, 3d.; and 4 shillings; the property of Daniel Sweeney, in his dwelling-house.
CATHERINE SWEENEY . I live in Johnson's-court, Peter-street, Westminster. About seven months ago, I forgot what month it was, I was living at No. 1, in the same court—that is not the same house I live in now—the prisoners lived at Mr. Manning's, in St. Ann-street—they pass as man and wife, and I believe they are so—on a Tuesday or Wednesday, about seven months ago, the prisoner James came to my house, and knocked at my door—he came in, and bid me the time of morning, and asked me to come out and have something to drink—I objected—he asked me several times, and forced me to go out—I told him I could not go out by myself—he and I went up stairs to the landlady of the house, Mr. Graney—he wanted her to go out to drink along with me—she objected—I was up there ten minutes or a quarter of an hour—I heard a noise in my room, which was the middle room, looked over the landing, and saw Mary Dowling come out of my room, with something in her apron—she went down stairs—in a about ten minutes after, I went down into my own room and found my boy's money-box, which had laid on the shelf, was gone—my husband's box was broken, and two coats, a pair of trowsers, two waistcoats, and a silk handkerchief, were taken out—that was all
I missed—the box was locked when I went up stairs to Mr. Graney's, and all the things were safe—there was about 3s. 9d. in the money-box—I should say the things were worth about 11l. or 12l. altogether—the prisoner James was about the place all the afternoon, but Mary went away directly, and I saw no more of her—he was there till night, and then went away—I never saw Mary again till I saw her at Worship-street, I think about three weeks ago—the prisoner James Dowling was about there all day—he told me he was at work—he was only in and out, not in my house, but in the court where I lived—he came several times—he and I went to a public-house together, and drank together, after I was robbed—I had no suspicion of him, or her either—I have a sister of the name of Norah Halpin—I remember seeing her that day—she came into me at the public-house for the key of the door—I and the male prisoner were there drinking together, and he made a signal to her with his head when she came in—he winked his eye at her and smiled—I never saw him after that day till he was in custody—I never saw any of the property again till I saw it with the pawnbroker before the Justice at Worship-street—that was three weeks ago.
James Dowling. Q. Have I not drunk with you several times before that day? A. Never intentionally as he did that morning—when I used to go to the public-house for our beer, he was about there, and he would hand me the pot to drink—no more than that—I have not drunk with him scores of times, night and day—we were together this day about twenty minutes, no longer—we were only in one public-house.
NORAH HALPIN . I am single—I lived with my sister at the time this robbery took place. I remember seeing Mary Dowling some time before the robbery, several times, two or three times a day—she asked me did I know whether my brother-in-law had any money—I said I did not know, but I had heard that he had—she said nothing more that day—that was on Saturday morning—she came to me on Tuesday morning at my sister's door—that was the day of the robbery—my sister was in the room when she came for me—she called me out—I went out with her, and she gave me something to drink—James Dowling came up at the time, and he made me drink some more—he left me and her there, and went up stairs to my sister, and said he would take her to have something to drink—Mr. Dowling and I came out of the public-house—he went out first—she stood talking to me about ten minutes or a quarter of an hour after he left us—she was talking about the box—she asked me would I give her consent to break the box and see what was in it, and I would not—the box belonged to my sister's husband—before James Dowling left, he had said he would not break the box if he did not think there was some money in it—nothing had been said in my hearing as to who was to break the box—it was after he had gone that his wife and I stood talking together, and she asked me all about the box, and if I knew whether Sweeney had any money—she then left me, and went up stairs into my sister's house—I saw her go into the house—I did not see her go into my sister's room—I stood at the top of the
court—I could see into the door of my sister's house—my sister's room was up one pair of stairs—I did not see the door of her room, only the door of the house—I went into my sister's house in about ten minutes, and met Mr. Dowling at the back door, with a bundle in her apron, under her shawl—there is a front door leading into Johnson's-court, and a back door opening into the yard—I said nothing to her—I went up stairs, and she followed me into my sister's room—she left the bundle at the back door—she took a market basket that lay on the floor; and I went down stairs, and she followed me—I waited at the top of the court, and she came out a few minutes after me, with the bundle in her apron, and the shawl about her—she turned to the back door when she followed me down stairs, and I went out to the top of the court—she then persuaded me to go with her—she took me with her to pawn the things—she took me to Tottenham Court-road, but the first pawn-shop she went into there were a good many people about, and I came out and left her in—she went into five or six pawn-shops before she pawned them—I only went with her into one—I waited till she came out, and she said they would not take them in there because they did not know her; and when she came to Tottenham Court-road she pawned them—I did not go in—I waited at the door—she told me she had pawned the things for 27s.—she then went into a public-house house and called for something to drink, she took the child's money-box out of her bosom and broke it with the poker, and there was from 3s. to 4s. in it—she then took me to a friend of hers at Ratcliffe-highway—she left me there that night, and told me she would go back to Westminister—James Dowling came to the house where I was that night—he was in company with my sister in the public-house before the female prisoner took the clothes—I went there for the key of the door to have some bread and butter—I do not know where my sister was at the time Mr. Dowling took the clothes—it was about a quarter of an hour after James Dowling left us together, that I saw him and my sister in the public-house—it was after I saw them in the public-house that I saw Mary Dowling coming down with the bundle—I slept in Ratcliffe-highway that night, and she said she would go to westmintser—she came back that night with her husband, and staid with me from Tuesday till Thursday—she said I was blamed for the clothes, and they were not, and she persuaded me to go to Ireland, as it was the best thing; and I went—she went with me to the Docks—I staid in Ireland a mouth, and then came back again to my sister's house—Sweeney had followed me to Ireland—I saw him there, and came back with him—I was then taken into custody, and gave the account I have now given—I gave Sweeney 2l.—I found out where the clothes were pawned after a good deal to do, and he said I was to do some work, and pay him part of the money—I work at needlework for a lady.
James Dowling. She is telling a falsity—I never saw her that day at all—I saw her the Wednesday after the robbery happened, and she begged me not to tell her brother-in-law about seeing her, and I said I would not interfere with it—she told me she was going to Ireland the following morning.
Mary Dowling. I saw her the following Wednesday in Ratcliffe-highway, and said Sweeney and his wife were looking for her—she said she did not care the devil what they were looking for, and she was going to Ireland the next morning—she took a paper from her bosom, and said she had hired with the captain to take her for 10s.—I asked if she was going to Westminister any more; she said, no, she should not, and asked me if I would tell her of a lodging-house; I said there were plenty in the Highway; she went into a baker's shop and got a twopenny loaf, and went into a public-house and had some beer; me and my husband had part of the loaf and beer, and gin; we went along the Highway, and I met a friend, and asked him for a lodging house, that this young woman was going to Ireland next morning, and wanted to sleep at a lodging-house; he said if I went down to his mistreass's she would tell us of a lodging-house, and I went. Witness. She did get me a lodging—she was with me all the day long, and took me to this lodging house.
I have a coat, waistcoat, and trowsers, that were pawned at my shop, on the 14th of July—I am not able to say whether the female prisoner pawned them or not—it was a woman—I cannot say whether it was Norah Halpin that pledged them—they were pledged in the name of Ann Moore—I know the female prisoner as a customer—she has been in the habit of pledging things at our shop—I know her by sight, but the lapse of time does not enable me to speak to her as the person who brought these—I am not sure whether she was or was not the person—I do not recollect whether it was she or another person—Ann Moore is not the name by which I knew the prisoner—she pledged in the name of Dowling, or some such name—if she had been the party that pledged the articles, knowing her name to be Dowling, I should not have taken them in in the name of Moore—if I knew she had given that name I certainly should have asked question—she might have pledged them for other parties, and if she had brought things in another name I should have taken them in, because I knew she pledged for other parties—I should take her name and the name of the party she pledged for—in this case the only name on the ticket is, "Ann Moore, Charles-street"—I took in the pledge myself—I cannot say whether it was of the prisoner.
Mary Dowling. He knows me to be in the habit of pledging, and he never knew me pledge anything wrong, only my own things. Witness. I know nothing about her character, only as pledging at the shop.
PATRICK MANNING . The prisoners lodged in my house at one time—James left on the 14th of July last—when he left he left some duplicates—he afterwards came for them—I declined to give them up, as he owed me a fortnight's rent—I told him if he paid me the rent he might have them—I afterwards gave them to Saunders.
James Dowling. Q. Do you know anything wrong of me while I was in your house? A. No—I turned him out for not paying the rent—I had gold and silver in the house while he was there, and plenty of property, that they might have taken, both goods and money, of my own, and other people's.
James Dowling's Defence. On the day the robbery happened I was coming along Peter-street, between eleven and twelve in the day, and met Mr. Sweeney and another woman outside the public-house door; she was crying, and seemed in trouble; being acquainted with her before I asked her what was the matter, she said the night before she watched her husband with a young woman where she lived servant, and that the kissed her; that she blowed him up in the street, and when they got home he beat her; she showed me her arms, which were black; she took me to a public-house and stood a quartern of gin; she afterwards took me up stairs, and said she had found a letter in her husband's pocket, which was no doubt from one of his women; I then went with her to the public-house, called for some rum for her, and some porter for myself; about ten minutes or a quarter of an hour after her sister came in, and asked for the key of the door; she had it, and went away from me and sat down; another woman came in who Mr. Sweeney knew; Mr. Sweeney called for a pot of ale for us; she then went out, and returned with a pawnbroker's ticket and 2s.; she paid 6d. for the ale and a screw of tobacco for me; after drinking the ale we came out; the woman went away; I was going away, Mr. Sweeney called me; we went and got a beef-steak, which she went home and cooked, and I eat part of it; Mr. Sweeney's sister came in, and a married woman out of the court; she went
for some porter; she blowed her sister up for living with such a man, and said she would go and get a child by any man in the street if she were served so; I went away, and saw no more of Mr. Sweeney till seven o'clock at night; she then told me her sister had robbed her, and it served him right, for he could not go out and see his women as he used to do; I went home, and my landlord said Mr. Sweeney had told him that her sister and my wife had been robbing her; I went and upbraided Mr. Sweeney for saying so; she denied it, but my landlord told me to provide myself with another lodging; I never saw the clothes till I was in custody.
Mary Dowling's Defence. On this very night my husband and myself left Mr. Manning's, I went to a lodging-house in Field-lane, and slept there; next morning I went down to Ratcliffe-highway; I met Norah Halpin, and asked where she was going, she said down to the Docks; I said Sweeney and his wife were looking for her, that they had said she had robbed them; she said she did not care for that, she said she was going to Ireland next morning, and I asked her what for; she said so that they could not find her; her mother had sent for her; I blew her up for taking the things; she said she had 34s. made up for her at a raffle to take her to Ireland; that Sweeney had borrowed the money of her to get the clothes out of pledge, and promised to pay her, but after getting them he locked them in the box, and would not give her the money; that not being able to get the money, she broke open the box, took the clothes, and pledged them for 27s.; to take her to Ireland; on the following week Sweeney followed her to Ireland, and brought her back, and she went and showed him the shop where his clothes were pawned; that he took an affidavit of his having lost the ticket, and she afterwards made up the money as well as she could to pay him back; and he said if she swore it against me, he would forgive her, so she wishes to throw the blame on me to screen herself.
NORAH HALPIN re-examined. There was no raffle made in order to enable me to go Ireland—I never had a raffle in my life—there never was any money collected for me—I did not advance any money to Sweeney to enable him to take the goods out of pawn before they were stolen—I did afterwards, but never before—I did not advance any money to Sweeney before I went to Ireland.
James Dowling. Mr. Sweeney said it was before she went drinking with me in the public-house that she was robbed, and Norah Halpin said she was with me in the public-house before the goods were stolen; I hope you will take that into consideration; and she told the officer, that after they pledged them for 27s., she received 1l. 2s. at the time.
NOT GUILTY .
NEW COURT.—Friday, March 5th, 1847.
PRESENT—Sir WILLIAM MAGNAY, Bart., Alderman; Mr. RECORDED, and HUGHES HUGHES, Esq., Alderman.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 14.— Confined Three Months and Whipped.
GUILTY . Aged 16.— Transported for Seven Years.
GUILTY. Aged 32.—Recommended to mercy. — Confined One Year.
734. MARIA ANDERSON was indicted for stealing 2 flannel petticoats, value 4s., the goods of William Arthur; also 5 spoons, value 30s., and 4 table spoons, value 30s., the property of Henry Holl, her master; to both of which she pleaded
GUILTY . Aged 35.— Transported For Seven Years.
ROBINSON WEBB (City police-constable, No. 658.) On the morning of the 18th Feb. I was in Bishopsgate-street, and saw the two prisoners standing together against Mr. Teede's shop-door—Lawrence worked at Mr. Teede's—the shop shutters were not taken down—in a few minutes the shop-door was opened by a person inside—the shutters were then taken down by Lawrence, and both the prisoners went into the shop—in a few minutes Brown came out with four sugar bags in his arms—he put them down in a gateway, and directly he put them down, Lawrence came out and went to Brown—I saw Brown look into the bags, put his hand into his pocket, and take out a money-bag—he gave Lawrence some money—Brown then tied the bags up, put them on his back, and went away—I went after him—I stopped him and asked what he had got—he said, "Some sugarbags," and that he had bought them at Mr. Teede's—I said I was aware of that—I said there was some sugar in them, I must take both to the station—I was searching Lawrence—I said to him, "Have you any money, Lawrence?"—he said, "No"—I said, "You certainly have some"—I found his handkerchief, and in it was a shilling, a sixpence, a 4d. piece, and some coppers—he then said, "All I had for the sugar and bags was one shilling"—this is a sample of the sugar I found in the bags.
Cross-examined by MR. DOANE. Q. There were four bags? A. Yes—when I first saw them they were carried to a gateway, and the bags were laid flat—they had no appearance of having any sugar in them—I could not see who it was that opened the shop-door—Brown came out with the sugarbags, and waited till Lawrence came to him—I will swear he gave Lawrence some silver.
RICHARD THORNTON . I am in the employ of Mr. John Pearson Teeds—Lawrence was in his employ—he was not authorized to sell sugar—these bags are my master's property, and this sugar is such as we had on our premises—there are 23lbs. of it—it is worth 8s. 7d.
Cross-examined. Q. It was rather dirty, was it not? A. No.—I got this 23lbs. out of the four sacks—Brown was in the habit of buying sacks of my master—there are persons who go round of a morning getting sacks, and
Brown was one of those persons—he has not bought a great many sacks, perhaps 100 are sold in a month.
COURT. Q. You sell the bags when the sugar is emptied? A. Yes, we do not make a present of the sugar when we sell the bags.
(The prisoners received good characters.)
LAWRENCE— GUILTY . Aged 42.— Confined One Year.
BROWN— GUILTY . Aged 17.— Confined Nine Months.
MR. DOANE conducted the Prosecution.
WILLIAM ORMOND . I am a solicitor, and live at Wantage, in Berkshire—I am agent to Mr. William Shipley, of Union-cottage, Worthing—he has a house occupied by William Alder, and in that house there is wine belonging to Mr. Shipley—I have the control of that wine, and keep the keys of the bins—about the 8th of Jan. I selected some of that wine to send Worthing—I selected eighteen bottles of port from one bin and eighteen from another—one eighteen was marked with black wax, with the word "port" on it, and I wrote in pencil on a label, the bins from which the wine was taken—I laid it flat on each eighteen of the bottles—the direction was afterwards written at my office at Wantage—this is the direction, in my hand-writing,(looking at it,) "W. Shipley, Esq., Union-cottage, Worthing—to be forwarded by Brighton railway—Feb., 1847," and on the address there are other words and figures, which are not my writing—I should say this label is my hand-writing—it is what I felt on one of the eighteen bottles at Childery.
WILLIAM ALDER . I live in Mr. Shipley's house, at Childery. In Jan. last Mr. Ormond selected the wine to be sent to Worthing—I packed that wine about the 4th of Feb.—this direction was tied on the hamper—I put the word "glass" on it, and "carriage paid to Paddington"—I do not know whether I or my boy tied the direction on the hamper—it was tied on—I sent it in my own cart to the railway station—this is the receipt I got from the railway.
On the 5th of Feb. I received two hampers—this is the way-bill—I saw the direction—it was this, or one similar to this—the two hampers were well packed, and in good condition—the strings were perfect—the direction I gave was, that they were to be taken to the called-for stores—they arrived about half-past four in the afternoon—the prisoner was on duty there, and had access to the stores—I did not see the hampers afterwards.
On the evening of the 5th of Feb. I was ordered to watch—I secreted myself, and saw the prisoner come to the stores, and he went directly to where I had seen some bottles behind a case, which had been taken out of a hamper—the prisoner took up a bottle which was half empty—this is it—he put it under his jacket—as soon as I saw that, I stepped out and said, "You are my prisoner"—he said, "O Lord! O Lord! it is the first time"—he seemed very much alarmed.
COURT. Q. How many bottles did you find? A. Two, one was full, the other was half full—these are them—they were behind a case—I found a vacancy in the hamper, two bottles had been taken out of it—they must have been taken when the hamper was in the stores.
CHARLES MASSEY . I am superintendent of the goods department of the Great Western Railway. On the 5th of Feb. I went into the store—I saw a hamper, which was shown to me by Hughes—one end of it had been raised and the straw removed—it had been originally well packed, but there was then a deficiency in it—I saw some bottles secreted in a part of the ware-house, behind an empty case—I gave direction to, Chilman to watch—he concealed himself, and I felt the warehouse—I afterwards went again, and saw the prisoner in custody.
JOSEPH COLLARD . I am inspector of the police of the Great Western Railway. This bottle and this half bottle were handed to me by Chilman—my attention was drawn to the hamper by Mr. Masssey, and it was opened in my presence—I took from it, this other bottle with this label—the cork of—this full bottle and this bottle I took from the hamper exactly corresponded this label states there were eighteen bottles in that hamper, and I found only sixteen.
WILLIAM ORMOND re-examined. I have tested this wine—it is port, and very old—from the corks corresponding, I have no doubt this is the same as was in the hamper—I cannot swear to the wine—when the hamper was shown to me, there were only fifteen bottles in it—here are two bottles, and one was at the police-office, which made the eighteen.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy by the Jury. — Confined one Year.
MOON pleaded GUILTY . Aged 19.— Confined One Year.
JAMES WAGSTAFF . I am a surveyor—I live in Albion-terrace, Canon-bury-square, lslington—I have a yard at the back of my premises, where I keep building materials—I know this kitchen range, it is mine—I lost it from my yard three or four days before I was before the magistrate, which was on the 19th of Feb.—my yard is enclosed by a wall—the gates are kept locked—they were not found open on any occasion, so as to account for the range being taken out.
JAMES RYAN (police-constable N 209.) On Tuesday evening, the 16th of Feb., between five and six o'clock, I saw the prisoners in the New North-road—that were in conversation together, and were about a quarter of a mile from the prosecutor's—Moon had this range on his shoulder—they walked fifty or sixty yards in my presence—I then stopped Moon, and asked him where he got the range—he said his brother had bought it of some person he did not Know, and he sent him after it to the Myddelton Arms—Sutton stepped off directly down Queen-street—my brother officer took him in a beer-shop.
Sutton. I had nothing to do; I was walking along; and overtook Moon, who had the range on his shoulder; I asked him whose it was; he told me his brother's; I did not see the officer. Witness. He did—he looked back two or three times as he crossed the road.
THOMAS WITHERS (police-constable N. 216) I took Sutton into custody—he denied knowing anything of the change, and said he met Moon with the range, but he had marks of rust on his jacket, such as old iron would make—I told him of it—he made no answer to it.
SUTTON— NOT GUILTY .
ANNE MARIE FRANCOISE BAUMANN . I am the wife of Guillaume Mauris Bauman—he is a Belgian—we live at No. 15, Harley-street—the prisoner did live in my service—he had left the night before he was found by the policeman in the arca.
PATRICK JENNINGS (police-constable D 123.) On the morning of the 17th of Feb., between four and five o'clock, I was on duty in Harley-street—my attention was attracted by a noise in the area of No. 15—I asked if anybody was there—I got not answer—I went over the area gate, and went down the steps—I found the prisoner there, and the cellar or vault was full of smoke—I asked the prisoner if he was servant there—he said he was—I said, "Do you live here now?"—he said, 'No"—I rang the kitchen bell—Mr. Baumann and two servants and a gentleman came down—the smoke was considerable—it did not blaze much—another constable threw some water into the vault—I searched the prisoner, and found on him this spoon, this buckle, some duplicates, and a box of matches—he said he picked the buckle up—the spoon he acknowledged to taking—I enquired why the straw in the vault was set on fire—he said he was could—it smoked so that we could not enter the place—we were obliged to get three or four pails of water—it was a quantity of straw and hay burning.
Prisoner. I broke the spoon, and I did not like to give it up; I hoped to restore it when I had money enough.
MRS. BAUMANN. The name is cut out of this spoon—I have got one similar to it—this is our spoon.
MALVINA BOQUET DE PALME . I am single, and live at No. 15, Harley-street, with Mr. Baumann—this buckle belongs to me—I do not know where I lost it from—I was in France when it was lost—I have a buckle here like it—they are shoe buckle—they are imitation diamonds set in silver—I think this buckle was in a desk in the drawing room.
Prisoner's Defence. I found the buckle; I did not think it was of any value.
GUILTY . Aged 16.— Confined Three Months.
WILLIAM JACOB SNELLING . At the latter end of Oct., the prisoner lodged for three nights at my master's the General Wolfe, in Little Gray's-in Lane—the last night he was there was a Friday—he left on the Saturday morning—I missed my handkerchief from a band-box in my room, which was on the same floor as the prisoner's room—this is my handkerchief.
Cross-examined by MR. DOANE. Q. Are you sure this is your handkerchief? A. Yes—I have the fellow one to it, which I bought a week afterwards—anybody could go and buy such a one at the shop where I bought it—I have no private mark on it.
COURT. Q. Did you ever see the prisoner use one like yours? A. No—he had none—he gave no notice when he left—he paid 6d. every night before he went up to bed.
GEORGE HANSE . "I am in the service of Mr. Luntley, a pawnbroker—I produce this handkerchief which was pawned on the 31st of Oct., by a person who gave the name of John Clarke—I have no recollection of the party—this is the duplicate which I gave the person.
JOHN FREESTONE (Rural police-constable, No. 38.) I apprehended the prisoner at Woodbridge—I found on him this duplicate of a handkerchief pawned at Mr. Luntley's—he claimed the article pawned, as his own.
NOT GUILTY .
JOHN BUTLER . I live in Old-street, St. Luke's—I got this plane and augur of the prisoner, a little before Christmas—I cannot tell exactly the day—I gave him 1s.; for them, which was what he asked—he offered them for sale at a sale shop—they offered him 9d. for them, but he would not sell them under 1s.
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor, who engaged to take him again into his employ. — Confined One Month.
741. JOHN CONNELL was indicted for stealing 2 sets of brass-rule borders for printing, value 3l.; part of a set of brass-rule borders for printing, 2l.; and 36 brass-rule side-borders for printing, 1l. 16s.; the goods of Richard Gilbert and another: and JOSEPH YOUNG for feloniously receiving the same goods, well knowing them to have been stolen, &c.; to which
CONNELL pleaded GUILTY . Aged 17.
Recommended to mercy by the jury.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
RICHARD CUSSANS . I am storekeeper to Mr. Richard Gilbert and another—they are extensive printers in St. John's-square, Clerkenwell—the prisoner Connell was in their service—he took Mr. Sedgwick and me to No. 3, Colonnade, Brunswick-square—when we got there Connell went in—it appeared like a cobbler's shop—there was a very bad light in the shop—there appeared to be lasts and bottles—Connell remained in about ten minutes, and I remained outside with Mr. Sedgwick—we then went in and I saw the prisoner Young—I told him we came about some property that the boy Connell said he had sold given him—Young said yes, he had some which he bought of the boy, and he had given him 5d. a pound for it—he said he had bought brass of the boy, but that he told him the foreman gave it him—he said he did not know where the boy lived or where he worked, but he believed it was somewhere down the Strand way—he said it would be very hard that he should lose the money after giving a fair price for it—I told him I did not believe he would lose the money if he had acted fairly in the transaction—he then, after some further conversation, said if we would retire from the shop, as he had no one to leave in the shop, he would go below and bring up the brass—we retired from the shop—he shut the door, and appeared to fasten it—I heard a noise—we remained outside a few minutes—he than opened the door, we went in, and he produced a bag, and placed it on the counter, from which he took seven packages of this brass-rules broder—this is one of the seven packages he took out of the bag—he placed them in a scale and weighed them—they weighed 25 1/2 lbs.—he again said it would be very hard for him to lose the money—we took it away. but he seemed very much to wish us to pay for it—I said we were not empowered to pay for it, but I gave him the direction of my employers, and said they were honourable men, and if they thought he had dealt honestly they would pay him, he would not lose anything by it—he
said he would rather be paid then—I said if he did not give it up I should call in a policeman, and have it taken by force—he gave it up, and said he would try to call in the morning—I went the next day with Archer, the policeman—the policeman told him he had come about some brass which he had bought of a boy—he said, "I have found two or three more pieces, I was coming down with them"—I saw two or there pieces at the end of the counter—I observed, "That is not all, I know there were more pieces similar to that I took away the evening before"—he said he did not know of any more, he had searched, and could not find any more—the policeman then went into the parlour, and I saw him take from under the bureau this brass wheel, (looking at it)—it was on the ground, near one of the legs of the bureau—the policeman then said he must search the cellar—Young said he had no more, but he unlocked the cellar, and the policeman and myself went in—the policeman turned over a quantity of brass gas-fittings and other things, and I observed this brass fork, and this brass shooting-stick—Young said something when we found them, but it was so low I could scarcely tell what he said—he said he brought things of any one that came, and then the policeman told him he must consider himself his prisoner—we told Young that Connell was in trouble about these things—I do not know the value of this brass-rule.
Cross-examined by MR. BALLANTINE. Q. In point of fact, you went the first day with Connell, and he went in and communicated with Young? A. Yes—I went home with Connell—when we got to the end of the Colonnade, Connell seemed to wish it go back to Young—I did not send him back with a shilling to pay him—he went back with a shilling, which I allowed him to go and pay him—he said he had a shilling, and he would go and give it to the man towards making up hiss loss—when I went the second day, Young said he had looked out this brass—I saw the name of Young over his door, but I did not see any occupation or trade—I am a compositor, but I am assistant storekeeper also—this is type—after a deal of wear it becomes useless, but this is not useless—after it is rendered useless it is sold for old brass—a person not acquainted with printing would not know whether this was useable or not—I do not know that a great quantity of old type get into the trade as old brass—there are a great many small printers, and they have small establishments and small presses—I dare say there are many of them in distress.
MR. ROBINSON. Q. How long might these be used without their being useless as old brass? A. For many years, with fair usage—I did not see anything over Young's door about his being a marine store dealer—only his name.
WILLIAM GEORGE HARDY . I am overseer of the works of Messrs. Gilbert and Co.—the value of the whole of this property that has been found exceeds 10l.—some of these sets are not complete—part of this set has been lost—when these sets are complete they are worth 4l. 16s.—I was told of the loss of these on the 9th of Feb.—I know these sets were complete in our establishmentthis set is complete—this is worth 2l.—this is never brought by weight—this is good type, and would last for year—this article is worth 10s.—it cost 10s. to have one made to replace it, when it was missing—the value of this wheel is 10s. or 12s.—it is good condition—Connell had been in our service about two months—I did not find any property in a room that he was in the habit if going to—property was missed, and they came and told me of it—I sent Mitchell and Cussans, and one of them came and told me they had found some brass rules—in consequence of what they said I had some conversation with Cennell—he undertook to give me certain information—in
consequence of that I dispatched Cussans and Sedgwick to the place where this was found—Connell had no authority whatever to sell this property.
Connell. He promised to forgive me if I told the truth.
Cross-examined. Q. I believe that was so? A. Yes—I have been speaking of the value of these articles to ourselves, and what it would require to replace them—these would not be disposed of as old brass—we return the old type to the manufacture—we are allowed 4 1/2 d. per pound for brass rule in the account, and 5d. for this other—we get more for gun metal—this never gets into the market as old brass, from our house—I think very little gets into the market as old brass—if a printer failed, and had a great quantity of type, what it would fetch would depend on the state it was in—it would fetch about half its value in the market—this does not become useless when a book is exhausted—it is used again—it is now wanted in the office.
MR. ROBINSON. Q. You spoke about gun metal; is this gun metal? A. Yes—the price of this to sell for old metal would be from 6d. to 7d. a lb., but I am not quite certain about this—I have none of the very old type here—the old looks a little blacker than the new—I can tell that this is nearly new from its general appearance.
JOHN ARCHER (police-sergeant G 8.) on Wednesday, the 10th of Feb., I went with Mr. Cussans to the prisoner Young's house—I found him in the shop—I said I was an officer, and that I had come about some brass he had bought of a boy—he said, "Yes, I have found some more"—I went with him into a back room—he stooped down, and from under a chest of drawers he brought out one of these wheels—I then stooped down myself, and brought out the rest of this brass, with the exception of of this shooting-stick and fork—after I had brought these out from under the bureau, I asked him if he had got any more—he said no, that was all he had got—I said he must consider himself in custody, and I should search the house—I went down to the cellar, and amongst some more brass I found this fork and this shooting-stick—I said, "I thought you told me you had no more"—he said, "Yes, but I recollect I gave the boy 7d. for that"—I had both the articles in my hand, and I do not know whether what he said applied to one or both of them—this fork weighs 3 lbs., and the shootings-stick 1 lb.
(The prisoner Young received a good character.)
YOUNG GUITLY . Aged 40.— Confined One Year.
OLD COURT.—Saturday, March 6th, 1847.
PRESENT—Mr. justice COLTMAN; WILLIAM HUGHES HUGHES, Esq.;
WILLIAM HUNTER, Esq.; and FRANCIS GRAHAM MOON, Esq., Aldermen; and EDWARD BULLOCK, Esq.
Fourth Jury, before Edward Bullock, Esq.
GUILTY . Aged 47.— Confined Three Months.
743. THOMAS WISE was indicted for stealing 17 spoons, value 9l.; 9 forks, 6l.; 2 sauce-ladles, 1l. 10s.; 1 fish-slice, 1l. 10s.; 1 waiter, 6l.; 1 skewer, 15s.; 1 butter knife, 7s.; and 4 knife-rest, 2s.; the goods of Frederick Dansey, in his dwelling-house; to which he pleaded
GUILTY . Aged 32.— Transported for Seven Years.
Fourth Jury, before Mr. Justice Coltman.
NOT GUILTY .
745. HENRY SMYRK and WILLIAM SMITH , were indicted for feloniously cutting and wounding William Ward with, with intent to prevent the lawful apprehension of the said William Smith. 2nd COUNT, to disable. 3rd COUNT, to do some grievous bodily harm.
MR. WILD conducted the prosecution.
WILLIAM WARD (police-constable G 14.) One Monday, Feb. 9th, I was on duty in Britannia-street, Gray's-inn Lane—about one o'clock in the night, my attention was called to eight or nine men and one woman—the prisoners were amongst them—I did not say anything to them—Smyrk threw a snow ball, which hit me on the side of my head—I told them they had better drop that game, and keep themselves quiet before they got themselves into trouble—I did not know either of the prisoner before—in about a minute Smith also threw a snow ball—I went and took him into custody—the woman then came up, and took hold of my cape—I told her she had better keep quiet—she said I should not take Smith without taking her she turned out to be his wife—Smyrk came up, and desired me to let go of Smith—I told him he had better keep off, or I should call assistance—he said nothing—I took my tattle from my pocket and sprang it—Smith immediately struck me a blow on my arm with his first, and the rattle fell from my hand—Smith immediately caught me by the legs switch his hands, and threw me flat on my face—as soon as I was down, they kicked me on my head, and somebody jumped on me—I received three or four kicks on the back of my head while I was down—the prisoner and the woman were near me at that time—I was taken to the police-station insensible, and have been under the doctor's hands ever since.
Cross-examined by MR. ROBINSON. Q. Had they not just come out of a public-house? A. I do not know, they were hollowing and shouting—it was a very cold night—there was too much snow to make it very slippery—I had not been throwing snow balls, not taken snow in my hands—this is a long street—it was a light night—the gas lamps of the public-house, about five yards from the spot, were burning—the shutters of the public-house were up—I do not know whether the door was closed—I was about five yards from Smyrk, and three or four from Smith, when they threw the snowballs—they stood together.
Q. Were they not throwing snow at each other? A. I did not see them except when they threw at me—I had not hold of the woman at the time Smith seized my legs—she had hold of my cape—I laid hold of her as soon as she said I should not take Smith, but I did not take her to the station—I said I would take her—I held Smith by the collar at the time I laid hold of her—I have not been on duty since, and was not out the next day.
JOHN THOMPSON (police-constable G 165.) On the mornig of the 9th Feb. I heard a rattle spring, and went to Brittannia-street—I saw three or four private individuals raising Ward from the ground—he was bleeding very much from his head—I lefr him in care of the persons, and went to 54, Brittannia-street, where I found Smyrk in bed—I told him I took him for assaulting a police-constable—he said he did not know anything about it—he had his drawers and stockings on in bed—he said he had been in bed since half-past ten—I took him to the station—Ward was asked if he was one of the party who kicked him—he said he was—Smyrk made no reply.
Cross-examined. Q. Had he nothing on but his drawers and stockings? A. His shirt—it was about a quarter-past one o'clock at night—it was could weather.
MR. WILD. Q. Smyrk lives in Britannia-street; you took him very close to the spot? A. About fifteen yards from where Ward lay on the ground.
CHARLES MACHIN . I lived at 12, Britannia-street at the time in question—I was in the street—about a quarter-past one o'clock I saw Ward and three men, and a woman—the prisoners were two of the men—I had heard a great noise when I was at the top of the street—I ran to the spot, and Ward had hold of the woman taking her to the station-house—the three men were all about Ward, pulling him about, and saying the woman should not go to the station—Ward said, "You had better be quiet, or else you will all go"—they still continued hustling him about—he then pulled his rattle out, and began to spring it—Smith laid hold of Ward by the leg, and threw him on the ground. and immediately he fell the public-house lights were put out—they kicked him, but the light being out I could not see who it was, but believe it was Smyrk, from the dress and shape of the man—he had moved about several times before the lights were put out—I saw Ward kicked three or four times—I believe it was by Smyrk—the woman ran away, and so did Smith—in about ten minutes I saw Thompson, the policeman, go into a house, which I had seen Smyrk run into, and bring him out—two or three persons had shown Thompson the house—Smith and the woman ran down a court by the side of the public-house—I have no doubt of the prisoners.
Cross-examined by MR. BALLANTINE. Q. When you saw Ward hw had hold of the woman? A. Yes—they were endeavouring to rescue her.
Q. Did not Smith say, "You shall not take my wife unless you take me?" A. I do not recollect hearing that—he might have said so before I got there—the three men were hustling Ward, who had hold of the woman—I am sure the prisoners were two of them—I have been clerk to Mr. Webb, a solicitor, since last April, and left him last week—I now live in Queen-street, Holborn, with my brother—I have had no conversation with the policemen about this since, not seen them, except here and at the police-court—I swear Smith did not in my hearing, say, "You shall not take my wife unless you take me"—Smith was smoking a pipe—I had not come up when the snow was thrown.
Cross-examined by MR. ROHINSON. Q. They were pretty merry, were they not? A. They were—Smith did not pull him by the leg till he sprang his rattle—he had the woman in one hand, and the rattle in the other—it was not Smith who kicked.
WILLIAM STEVENSON . I live in Albion-place, St. John's-square. On Tuesday morning, about a quarter-past one, I heard a tattle spring; went to Britannia—street, and saw three or four persons very near the public-house—I saw ward, but cannot swear to either of the prisoners.
EDWARD MACKLIN . I live in charlotte-street, Bagnigge-wells-road. I heard a rattle spring on this Tuesday morning, about a quarter-past one, and saw Ward on the ground bleeding, and four or five persons on the pavement, not the prisoners, it was the witnesses—I saw Smyrk there, about fifteen yards from him, within about a yard of his own door, and saw him enter the door, No. 54, Britannia-street.
Cross-examined by MR. BALLANTINE. Q. I believe he was smoking? A. He had a pipe in his mouth.
Cross-examined by MR. ROBINSON. Q. You went into his room? A. Yes—his wife was in the room, but not in bed—she was taken and discharged—both the prisoners were admitted to bail.
WILLIAM HENRY SHEHY . I am a surgeon, and live in St. John-street-road. On Tuesday morning I saw Ward at the station-house, bleeding from the head, in a very faint and exhausted state—the wound in the head was about an inch and a half long, cut to the bone—he had several bumps about the head—I considered him in danger from the wounds for two days, and he is still suffering from the blows.
Cross-examined by MR. BALLANTINE. Q. What did the danger arise from? A. He was in pain which might bring on erysipelas, but did not—that was all the danger—the wound was about one-eight of an inch deep—it was not trifling—it was an inch and a half long—the scull was not injured—the bumps were not dangerous.
(The prisoners received good characters.)
SMYRK— GUILTY of an Assault.
SMITH— GUILTY of an Assault.
Confined One Month.
NEW COURT.—Saturday, March 6th, 1847.
PRESENT—Mr. MR. RECORDER; WILLIAM HUNTER, Esq.; and THOMAS
SIDNEY, Esq., Aldermen.
sixth Jury, before Mr. Recorder.
GUILTY . Aged 30.— confined One Month.
GUILTY , and received a good character. Aged 17.— Confined Fourteen Days.
GUILTY — Confined Six Months.
GUILTY , and received a good character. Confined One Month.
GUILTY .— Confined Two Years.
GUILTY .— Confined Six Months.
His master engaged to take him back into his service.— Confined One Day.
GUILTY .— Confined One Month.
GUILTY .— Confined Fourteen Days.
755. WILLIAM DYER was indicted for stealing 1 lithographic print, value 4s.; and 1 frame and glass, value 5s., the goods of John Douglas; and that he had been before convicted of felony; to which he pleaded
GUILTY . (†)** Aged 28.— Transported for Seven Years.
GUILTY . Aged 22.— Confined One Day.
GUILTY . Aged 19.— Confined One Month.
GUILTY .— Confined One Month.
ROBERT ROCKETT DAVIS MORRELL . I live at No. 9, Eyre-sheet-hill. I lost the articles stated from my workshop—they were safe on Friday night, 19th Feb.—the next morning my wife came running up to me, and said the place was broken open, and my tools stolen—I went down and missed them—here are a part of them which the officer brought to me—all the most valuable of my tools I have not seen again—the prisoner had been at my premises on the Wednesday before I missed my tools—he asked for a job—I offered to give him a job, but he did not come for it—on the Wednesday after the robbery he came again, and said something about a job, but I did not suspect him them.
prisoner. I did not come to work because you had not got a bench. Witness. I sold him a bench about twelve months ago.
Prisoner. Q. Were the articles you lost lying within the reach of a broken window, which had paper in it instead of glass? A. Yes.
told me a story about a man named Jem selling him some tools—I found these tools at Mr. Chard's.
EBENEZER CHARD . The prisoner came to me on the 25th Feb., and asked me to purchase some tools—I told him to leave them for inspection, and in consequence of some suspicion, I took them to the office, and the prisoner was apprehended—these are the tools.
MR. MORRELL. These tools are mine, they have my name on them.
Prisoner. I left the tools with Mr. Chard, I bought them of James Goodeve.
Prisoner's Defence. The tools from the shop I am innocent of stealing.
STEPHEN STACEY . I am a tailor. I live at No. 10, Buckingham-place, Fitzroy-square. On Saturday, the 13th of Feb., between four and five o'clock in the afternoon, I saw the prisoner—he looked into Mr. Jerman's shop—he then went in and brought out a brace of pistols—I saw him come backwards out of the shop—I ran over and caught him, and took him back to ask Mr. Jerman if he had purchased anything out of the shop—she said, "No"—she then went to the window and missed the pistols—there was another person with the prisoner, but nothing was proved against him—I took the prisoner back, and he threw the pistols on the drawers—a bit of one of them broke off.
Prisoner. He said he took me in the shop, and then he said he took me up the street; I was in the shop when he came and caught me; he said, "I think this one has taken something;" there was another man outside, and he brought him in; they could not find anything; the lady went out and brought the pistols in, and then he said he saw me lay them on the drawers; how am I to tell but that some of the lady's children laid them on the drawers?
Witness. I took him with the pistols in his hand, and brought him back to the shop.
MARTHA JERMAN . I am a widom; I live at No. 16, Upper Cleveland-street, Fitzroy-square—I keep a broker's shop—these pistols are my property—they were exposed for sale in my shop window on the 13th of Feb.—Mr. Stacey came in with the prisoner, and asked if he had purchased anything—I said, "No"—he said, "He has stolen a brace of pistols from your window"—I looked in at the window, and the pistols were not there—I had seen them an hour or two before—I then went to get my bonnet, and found the pistols on the drawers—Mr. Stacey did not stop to take them off the drawers—he went to take the other boy—the prisoner threw them on the drawers just by the parlour door—I found them on the drawers.
COURT to STEPHEN STACEY. Q. Did you see the prisoner throw them on the drawers? A. I did—I went out to get the other boy, to see if the police knew him, or if he had taken anything.
Prisoner. The pistols were found before he came back with the other boy; he said, "This boy has given this other boy something outside;" they took us into the parlour and searched us; the lady said she found the pistols on the drawers, and then Mr. Stacey said, "He must have put them there."
MARTHA JERMAN re-examined. Q. When did you find the pistols on the drawers? A. Just as the other boy was brought in—when I found them Mr. Stacey said he saw the prisoner throw them there—no one could have put them there but the prisoner, or Mr. Stacey—they were on a chest of drawers at the parlour door.
Prisoner. I went into this lady's shop, and knocked; no one came; I came out, and Mr. Stacey collared me, took me back, and said, "Take him into the parlour, here is another outside;" she searched me, and then they brought in the other boy and searched him; Mr. Stacey said, "Send for the policeman;" the lady was going out, she produced the pistols, and said, "Here are the pistols on the drawers;" Mr. Stacey said he followed me up the street, and then he said he caught me in the shop; I told the gentleman to put that down for me; it is at the foot of the deposition.
JOHN CARTWRIGHT WOOD (police-constable E 24.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—convicted the 1st of April, 1845, and confined six months)—I was present—the prisoner is the person.
GUILTY . Aged 17.— Confined Eighteen Months.
GUSTAVUS OTTE . I live at No. 8, Amen-corner, Paternoster-row. I am agent to Messrs. Didot and others, foreign booksellers in Paris—I have a book here which was published by them—on Saturday, the 13th of Feb., I received ten copies from the binders—they were placed near the shop door—on Monday, the 22nd, the police-constables came and showed me this book—I had not at that time sold any of the copies I had had bound in this way—that is one of those ten copies.
THOMAS PENDRILE . I live at No. 14, Union-street, and am a bookseller. On Saturday, the 13th of Feb., the prisoner came to my shop—she asked me to buy this book for 3s. 6d.—I asked her if it was hers—she said no, it belonged to a gentleman in the East India House, who was a customer of hers, for newspapers, and he was in the habit of giving her books to sell for him—on the Tuesday following she came again, and asked me whether I could tell her of a person who would buy it—I gave her into custody, and gave the book to the policeman.
WILLIAM WEBB (police-constable H 42.) I took the prisoner, and in securing her, as she was trying to get from me, I dropped the book from under my arm—it was clean before that—the prisoner ran away from me—I pursued her, secured her, and took her to the station-house—she said she bought the book of a man named Marshall, but she did not know where to find him.
Prisoner. I purchased the book, and brought it to the bookseller to sell, who said a gentleman would buy it of me, and then he gave me into custody; I buy and sell books and papers; I have an aged mother totally dependent on me; my husband is at sea; I have had nothing of him for twenty months; the officer went to my place, and saw that I did not tell any falsehood about it.
Witness. I went to her lodging—she appeared much distressed—the place where the book was offered for sale is a mile from Amen-corner—they were brought in between six and seven o'clock in the evening.
GUSTAVUS OTTE re-examined. I did not miss this book till the policeman came to me—there were only ten copies printed of it—they were sent from Paris in a paper wrapper, and then sent to be bound—there are no other copies of them in existence—they were a few feet from the door—a person must have come in to get it—the door might be open—it is but a smallwarehouse.
GUILTY . Aged 27.— Confined One Month.
763. SUSAN COATES was indicted for stealing 1 table-cloth, value 2s.; 3 towels, 2s.; 1 pillow-case, 6d.; 1 waistcoat, 5s.; 2 shirts, 3s.; 1 nightgown, 6d.; 1 petticoat, 1s.; 2 aprons, 1s.; 2 pairs of stockings, 5s.; 1 pair of socks, 6d.; 1 neck-tie, 1s.; 1 handkerchief, 6d.; 1 gown, 3s.; 1 shawl, 10s.; 2 collars, 6d.; 10 envelopes, 2d.; 1 looking-glass, 9d.; 1 veil, 5s.; 1 collar, 18s.; 1 brooch, 6d.; 1 watch-guard and snap, 2s.; and 1 handkerchief, 5s.; the goods of Charles William Roberts, her master.
CHARLES WILLIAM ROBERTS . I live in Cardington-street, Hampstead-road, and am a collector of rates. The prisoner was in the service of my family—she came on the 20th of Nov., and quitted me last Monday—in consequence of missing some things, I went to the police-office in High-street, Marylebone—I got an officer, and went to Sarah Sircombe's lodging, No. 75, Drummond-street—she delivered some parcels to me and the officer—they were taken to my house, and in the presence of the policeman, my wife, myself, and one or two other persons, the parcels were opened—Sircombe has been in the habit of coming to my house for eight or ten years as a charwoman—the articles in the parcels were identified—these are some of them.
SARAH SIRCOMBE . I am a widow—I live at No. 75, Drummond-street. I delivered the parcels to the prosecutor and the officer—the prisoner gave me one parcel at Mr. Roberts's house, to take care of for her for a few days, till she called for it—the other parcels she left at my place when I was not at home—the parcel she delivered to me was sealed up—I could have distinguished that from the other if I had seen it sealed up—I do not know what it contained—the prisoner was at Mr. Roberts's house when I delivered up the parcels—I called at Mr. Roberts's the day after I delivered up the parcels, and took a few small things that fell out of a pocket-handkerchief—I called between two and three o'clock—the prisoner was not there then—I believe she had left the service—I had been at Mr. Roberts's house on the same evening that I delivered up the parcels—I went into the parlour—they called the prisoner up, and asked her if she had given me these parcels—she made no answer in my presence—I said to her, "You gave them to me"—she made no reply—in point of fact, she had only given me one parcel, and whether that contained the articles that they had then got open, I do not know—when she gave me the parcel at Mr. Roberts's, she told me she had a dress and a few things in it, which she wished me to take care of for a few days, till she called for them—she said she was going to leave, and going into the country—the second parcel, which was left by somebody, was smaller than the other—she said the parcel made her box lighter, and she was going to carry them into the country—she came to my house one day before she left her situation—she went to a dancing-room—I did not go into the dancing-room—I staid in a little room, and saw them dancing—when she came home from there she left a veil, a collar,
a brooch, and a small muff, with me—she put them into a handkerchief—I never touched them—I gave them up the night that they came for the parcels—I did not take notice of them—I should not know them again.
JAMES HILSDEN (police-constable S 42.) Between twelve and one o'clock, on Monday night, I was called by Mr. Robert's nephew to Drummond-street—I went to Mr. Sircombe's—she was not at home—I went with Mr. Roberts to his house in Cardington-street—shortly afterwards Mr. Sircombe came with Mr. Robert's nephew—the prisoner was called into the parlour, and Mr. Roberts asked Sircombe, in her presence, whether she had ever received two parcels from the prisoner—she said she had—the prisoner made no reply—Mr. Sircombe said, "The parcels are at my house; if you think proper to go to my house with the policeman, I will deliver them up"—I went, and she gave up two parcels sealed up, and a muff, and a small basket—the parcels were opened when I got to Mr. Roberts's—I found in the large brown paper parcel a table-cloth, three towels, a silk shawl, and a number of other articles, which I here produce—I afterwards went into the kitchen—I saw the prisoner—I said, "I am going to take you into custody, for robbing your master of various things; you need not say anything to me unless you like; remember all you say I shall repeat before the Magistrate"—she laughed—I asked her if she had any objection to my going up stairs with her mistress to examine her box—she said, no, she had not—I went up but found nothing relating to her master—Mr. Roberts delivered to me the next day a lace veil, a black collar, a brooch, and two pieces of ribbon—these are the articles which were in the large brown paper parcel which I opened—the prisoner was apprehended before she left the service—there was no opportunity of knowing what she meant to do with the things she had left at Sircombe's.
CHARLES WILLIAM ROBERTS re-examined. I know these articles—this is a towel, marked "C. M. Roberts"—here is another, marked "Fanny Roberts"—it is one of my childrem's—here is "C. M. Roberts, 1846"—this paper I here is a small table-cloth, marked "C. M. Roberts, 1846"—this paper I should not like to identify—this collar I can identify—it is marked "W. Christian"—this shawl I can identify as being a very particular one—it is not easy to mistake it—it is my wife's—I believe it has been worn—this pillowcase is marked "C. M. Roberts"—this is my little boy's neck-tie, made of Berlin wool, and netted—I know these woolen socks belong to one of my boys—this muslin dress I can identify—I know the pattern of it—I cannot swear to this tooth-glass—here is another article marked "C. M. Roberts"—I can identify that—my boy left a waistcoat exactly of this description behind him when he went to school—I believe it to be mine, but there are many waistcoats alike—these are two night-gowns which my wife made for a poor lad going into the country, out of charity—I believe them to be mine—these envelopes and paper I cannot identify—the prisoner was in my service since the 20th of Nov.—she was in constant attendance on my wife—I believe she did not receive from my wife things that were done with as perquisites—my wife told me, that if she had asked for any of these things, she would willingly have given them to her; she is that kind-hearted woman, she would most likely have given them to her before they had been quite worn out—the value of the things I have identified, which came out of the large parcel, is about 3l. 12s.—here is a pair of stockings my wife had made at Exeter—they are marked in the making of them, "C. M. R."—there can be no mistake about them I think—my wife was very ill at the time we took the prisoner, and my
doctor's wife inquired about her character, and reported that she had a character—we were induced to take her from having had two of her sisters before, and from the representation of one of them we were induced to take the prisoner—one of her sisters married away from me, and the other has got another situation.
SARAH SIRCOMBE re-examined. Q. Did you see the larger parcel opened? A. No, I did not see any parcel opened—I do not know that these things came out of the parcel the prisoner gave me charge of—she left this basket when she had been out for a holiday—I never saw what was in it till I saw it at Mr. Roberts's in the officer's possession.
JAMES HILSDEN re-examined. I brought these things from Mr. Sir. combe's house—she gave them to me—I did not call the prisoner up to left her know what she was charged with taking—she saw the bundle when she came up from the kitchen—they were not opened in her presence—I am not aware that there were any things in the parcels that belonged to her—I believe this basket belonged to her—there is a silk guard, and other things, in the basket—the basket was not covered up, or closed in any way.
MR. MELLOR to SARAH SIRCOMBE. Q. You worked at Mr. Roberts's as a charwoman? A. Yes, I have occasionally cleaned the rooms—I have washed—Mr. Roberts has sometimes made me presents—I do not know of her having given anything to her servants—I had two parcels—the one given to me was large—there was not a great deal of difference in the size of them—one was smaller than the other—I kept them together—I cannot swear that the parcel that was opened was not the one that was left.
NOT GUILTY .
JOHN HUBBARD . I am a cabinet-maker, and live in Norfolk-street, Mileend. I took the prisoner into my service as journeyman—he worked with me till the 8th of Aug., when he left me—I then missed some tools—I met him on the 7th of Feb. in Whitechapel-road—he denied having seen my tools—I gave him into custody—I have seen three of my tools since at Mr. Dexter's, a pawnbroker's, a pawnbroker's, in Whitechapel-road—I got two of them, this plane and this square, out of pawn at my own expense—they are mine, and were amongst the tools I lost.
Prisoner. I was in the habit of going to Mr. Dexter's shop for month before that; this man knows my face; I did not pawn these tools. Witness. I am positive he is the man—they were stopped a few hours afterwards—I gave a description of the prisoner to the policeman.
Prisoner. I was left in the work-shop, and went to have half a pint of beer; when I came back the tools were gone; I was afraid they would accuse me of taking them, and went away; the prosecutor saw me several times afterwards; I live not a stone's throw from his house.
JOHN HUBBARD re-examined. I did not see him once—I do not know where he lived—he came to me on the 30th of July for work, and I gave him some—he worked there that week, and till the following Tuesday night—he then said he had no where to go, could I let him sleep on the sharings—I
did, and on the Friday night he said might he bring his wife—I said he might—on the Saturday morning my wife said he had taken away all the tools—I lost more than those I found.
GUILTY . Aged 22.— Confined Six Months.
JUSTUS REITZE . I am a baker, and live in Bethnal-green-road. The prisoner came into my service on the 12th of Feb.—he had 15s. a week wages, and bread and flour, and a bed in the house—he took bread out to the customers, and was employed to receive money for me—I have a customer named Hallett—I sent some loaves of bread to her by the prisoner on the 17th of Feb., amounting to 6s. 3d.—he never accounted to me for the money for them—he never came back to me—I went to the Crooked Billet, at Hoxton, on the 19th of Feb., and gave him into custody.
Cross-examined by MR. MELLER. Q. Did you know the prisoner's father? A. Yes—I had not seen the prisoner at his father's—I had no character with him—one of my men went away, and he sent the prisoner—I do not know that the prisoner had assisted his father as a journeyman-baker—the prisoner seemed in good health when he came to me—he said, before the Magistrate, that he had a rupture—his excuse was, that he hurt himself, and did not return—I did not know where he lived—when he went away there was 4s. 6d. due to him—I do not know the address of the workman who sent the prisoner to me—he moved from one place to another—the prisoner offered to pay me when I booked the charge against him.
Cross-examined. Q. Did he complain that he was ill? A. He sat down on a chair—he did not say he was ill—he looked very bad—I did not notice him much—he was not in the place many minutes—he put down "Paid," took the money, and went away.
CHARLES HONNISETT (police-constable K 37.) I took the prisoner at the Crooked Billet, at Hoxton—he said he was taken very ill, and that was the cause of his not returning again—that he had spoken to another man to go and finish his work, but that he did not know whether he had been.
MR. MELLER to JUSTUS REITZE. Q. What time was he to account for the money he received? A. As soon as he came home—if I had been out of the way he would have had to account to my sister—I did not see him till the 19th—he had to put down in the customers's book what he sold.
COURT. Q. How comes it that you did not owe him more than 4s. 6d.? A. It was only Monday and Tuesday's work that I owed him for, which came to 6s. 6d., and he had drawn 2s. of that—he had a little drop to drink the night before—he had been up all night—we begin work at eleven o'clock.
JURY. Q. Was the bread taken out in your basket? A. No, on a board—he had more bread to deliver, and he was not paid for that—he left the bread and the board at a chandler's shop for me.
NOT GUILTY .
ELIZABETH WINSLADE . I am servant to Mr. Lloyd, of Regent-street; Mr. Townley lives in the same house. On the 20th of Feb. I saw the prisoner bring three quarterns of bread—Mr. Townley paid him 2s. 6d. for it—he gave some halfpence in change.
HENRY LACKINGTON . I am a baker. The prisoner was in my employ—he never accounted to me for either of these sums of money—he was employed to receive bills for me, and had been for a forthnight—he had 5s. a week, his butter, bread, and sugar, and his lodging.
Prisoner. I told him what I had done with it—I was badly off for shoes, and while I was round with the bread, my shoes came to pieces—I was obliged to buy some before I could go round to the customes. Witness. On the Sunday morning he said he had received this money, but had not got it to pay me—he had spent it—he said he bought his shoes—but a day or two before that he was 6s. short in his money—there was 5s. due to him for his week's wages that day, and he took 7s. 3d.
GUILTY . Aged 21.— Confined Three Months.
ANN GRANT . I am the wife of John Grant, and live at No. 14, Little Chapel-street, Westminster—a person named Vaisey lives there. The prisoner came to his room on the 20th of Feb.—she asked if the keeper of that room was at home, I said, no, and it being Saturday night, I did not know what time he might be at home—I went on with my work—she waited about two minutes, she then took a saw off a nail, she went off, and I went after her—she did not say anything to me, but Mr. Vaisey's little boy came up and took the saw from her—he said, "You have got my father's saw"—she said, "No, I have not, it is mine; your father has got more things belonging to me"—Mr. Vaisey was down at the street-door when we got there, and the prisoner was given into custody.
Prisoner. I never saw the saw till I saw it at the station—I certainly never saw it—I had no recollection of it—the prosecutor knows he has seen me.
WILLIAM PUCKNELL (police-constable B 77.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 30th of March, 1846, having been before convicted of felony: and confined six months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 30.— Transported for Seven Years.
WILLIAM GROVER . I am shopman to a pawnbroker in Munster-street. The prisoner came with two plasterer's brushes, on 15th Feb., to pawn them—I asked if they were his own—he said no, his father's—I told him to let his father come—he went away and did not return—I gave information.
PETER LE BLOND . I am an oilman, and live in Mary-street, Hampstead-road—this brush I can swear to, it has my mark on it—this other has the mark nearly obliterated—I lost them on the morning of 15th Feb., about half-an-hour after I had put them out.
Prisoner. Q. Can you swear I stole them? A. Certainly not.
prisoner in Henry-street—I said, "I want you about those brushes you took to pawn"—he said, "I know nothing about any brushes"—I took him in charge.
Prisoner. A young man asked me to take them to pawn, and said he would give me 4d.; they were stopped; I came out and could not find him.
JOHN HENRY COCK (police-constable S 65.) I produce a certificate of the prisoner's former conviction—(read—convicted 11th Dec. 1843; confined three days, and whipped)—the prisoners is the person—he has been here twice since.
GUILTY . ** Aged 18.— Transported for Seven years.
THIRD COURT.—Saturday, March 6th, 1847.
PRESENT—MICHAEL GIBBS, ESQ., Alderman, and Edward Bullock, Esq.
Second Jury, before Edward Bullock, Esq.
MARY GRIMME . My husband's name is John—the prisoner is my son—he lived with us. On Thursday, March 4th, I missed a pair of trowsers of my husband's from a box—I had seen them there on the Monday before—the screw of the lock had been taken out and put temporarily in again—the prisoner left home on Tuesday—I did not see him again till Friday, when I found him in Stafford-street, Lisson-grove—I asked what he had done with his father's trowsers—he at first denied it—he afterwards said he had sold them to Taylor, a dog fancier—he went with me to a man who said his name was Taylor, but he knew nothing of the trowsers or the priosoner—I gave the prisoner into custody—I went to the police-office on Saturday, and when I got home I found the trowsers returned to me, in a paper parcel.
THOMAS FITZGERALD . I live at sale-street, Paddington. On a Tuesday morning, about the end of Feb., about half-past nine o'clock, I met the prisoner at the corner of Salisbury-street and Church-street—he told me he had a pair of trowsers to sell—I said, "where are you going?"—he said, "Not far"—I said, "you do not know where to sell them"—he said, "yes I do"—I said, "come on, I will take a walk with you"—we went to the Wheat Sheaf—he went away and fetched the trowsers—I went with him to Manning-street, and he offered them to a man there for 10s., the man offered 7s., and the prisoner took it—I did not know where he had got them from.
**(†) GUILTY . Aged 14.— Transported for Seven Years.
GEORGE READ . I am a butcher, and live in fetter-lane. I bought six dead sheep of Mr. Bonser, in Newgate-market, and desired winter to fetch them home—the prisoner was standing by my cart in Warwick-lane, and asked if he should assist the man—I waited at the cart while my man went to fetch two of the sheep—he brought them, went back a second time and brought two more—he went a third time and brought only one—the prisoner brought none—I did not see him again—he went immediately after Winter, and I expected he would have brought the second two, but he did not—my man brought five altogether—they were dead—it was mutton.
DANIEL WINTER . I am servant to Mr. Read. I was at Mr. Bonsor's, in Newgate-market—the truck was there—six sheep were bought, and the prisoner came to assist me in carrying them down—he was there seeing them weighed—he put one of the sheep on my back—I did not see him with any mutton, but thought he was to follow me with two sheep—those were his orders—he did not follow me—I went back to Mr. Bonsor's and found only three sheep left—there ought to have been four—I did not see the prisoner again till he was in custody.
WILLIAM BECK THORP . I am in the employ of Mr. Bonsor, a salesman of Newgate-market. I recollect Mr. Read buying six sheep—Winter and a man came to fetch them away—I knew Winter, but not the prisoner—the sheep were all hung on a rail to be taken away—no man helped Winter, except the man he brought—I cannot identify the prisoner, but I saw the man who came with Winter take a sheep off the rails.
GEORGE HENRY COOPER (policeman.) I took the prisoner into custody in the Mint, in Southwark—I told him I took him on suspicion of stealing a sheep from Mr. Bonsor—he said nothing—he knew me very well—as we went along he said, "Cooper, how shall I get on, shall I get twelve months or seven years?"—I made no answer—I did not find him on the same day—he never was in the market afterwards—Mr. Read described him to me, and I had known him eighteen months.
WILLIAM BECK THORP re-examined. There were many people in the shop—to the best of my knowledge nobody touched the sheep but the prisoner—persons could touch them when they were on the rails without my seeing them.
Prisoner's Defence. I did not have the sheep; I never saw it.
GUILTY . Aged 20.— Confined Twelve Months.
HANNAH ALEXANDER . I am single, and live at No. 263, Strand. About four months ago the prisoner was in the habit of coming to char for me—I missed a gold ring, and told her of it—she said she had seem nothing of it—about a fortnight ago she was taken up for something else, and the policeman brought a duplicate to me—I went with him to the pawnbroker's, and found thing ring—it is the one I lost.
WILLIAM WEST (police-constable F 106.) On the 14th of Feb. I apprehended the prisoner on another charge—I went to her house—she said she was living there, and pointed out her bed to me—I asked to the prisoner whether she had left anything with her landlady—she said a gown and petticoat—the landlady gave them to me—I found two duplicates in the petticoat—the prisoner said they were hers, and that ring was given to her—the date of the duplicate for the ring was the 26th of Nov., 1846—the prisoner said she gave a female sixpence for it—I took the duplicates to Miss Alexander, went with her and found the ring at the pawnbroker's.
JAMES HITCHCOCK . I am pawnbroker. I took the ring in pledge in the name of Ann Baker—this is it—I do not know who pledged it—I gave the person a duplicate—this is the counterpart of it, and there was a thimble pledged with it.
JURY. Q. Had any other person access to the room? A. Only my brother-in-law and myself—there was no other servant in the house.
GUILTY. Aged 52.—Recommended to mercy by the Prosecutrix — Confined Four Months.
JAMES SAYERS . I am a porter in Newgate-market, and live in Tyler-street, Vauxhall. On the 24th of Feb. I was in the market, and was employed by Mr. Grant to take some carcases to his cart—I employed the prisoner to take two of them for me—I sent him to Mr. Larner's for them—I went to Mr. Grant's cart after that and found only four carcases—I went to look for the prisoner, but could not find him till last Monday, when I gave him into custody in Mini-street.
WILLIAM GEORGE . I live in Fore-street, Lambeth, and am employed to mind carts. On the 24th of Feb. I was employed to mind Mr. Grant's cart—I put four carcases of mutton into it, brought by a man named Huggard—the prisoner brought none.
JOHN DAVIES . I am scaleman to Mr. Larner, a meat salesman. On the 24th of Feb. Mr. John Grant bought six sheep of Mr. Larner—the prisoner came and asked me for two sheep for Sayers in the name of Grant—I told him Sayers ought to have come himself—he said, "You know me by my coming many times for things for Sayers"—I had known him come to the shop, and gave him two of the sheep bought by Mr. Grant—he took them away—they were dead.
Prisoner's Defence. I put them into the cart, that is all I know about it.
GUILTY . Aged 19.— Confined Twelve Months.
772. SARAH CASTLE was indicted for stealing 1 blanket, value 5s., 1 handkerchief, 6d., 1 reticule, 1s., 2 caps, 5s., 1 seal, 6d., 1 ring, 3d., 1 wafer-stamp, 2d., and 1 toy, 6d., the goods of Samuel Beaufoy, her master.
JANE BEAUFOY . I am the wife of Samuel Beaufoy, of Stanhope-street, Hampstead-road. The prisoner was our servant—on a Wednesday in Feb. I missed some knives, forks, plates, cups and saucers—I had not missed anything else then—I spoke to the prisoner about the knives, and forks, and cups, and in consequence of this examined the dust-hole—on the following Friday evening I called in a policeman—when he came I saw a handkerchief in the prisoner's hand—I said, "Sarah, let me look at that handkerchief," which she did—it was mine—she said it was one I had given her to wash in the week, but it was not—I had given her three, which she had returned—I gave her in charge—she had a box in the kitchen—it was searched in her presence—it was not locked—the policeman took out two baby's caps, a toy watch, and a reticule, which were my property—the prisoner said she had found the reticule on the floor in the bed-room—the last time I saw it was in a box in my own room—she said the caps were with some rags which I had given her—I had given her some pieces of net and muslin, but the caps were not with them—I missed a blanket from the prisoner's bed—I know the articles produced—I have another blanket like this, there is no mark or work on it, but it has all the appearance of mine—I am quite sure one was gone, but cannot tell how long it has been gone—the prisoner had lived with me four weeks—I do not know whether it was gone before she came to me—I had not looked at her bed.
RICHARD NEELD (police-sergeant S 3.) On Friday evening, about half-past nine o'clock, I was called to Mr. Beaufoy's, and found the prisoner in the kitchen, with her bonnet on—I saw her give this handkerchief to Mr. Beaufoy—I said something to the prisoner about searching her box—she made no objection, and said what was in the box was her own property—I searched the box, and found two caps and a toy watch—she took a reticule out of her pocket, which she said she had picked up in the second floor front bed-room—I took her to the station—she was searched by the female searcher, and four duplicates found, one of which related to the blanket, and one to a ring and seal.
ANN AMELIA DOSS . I live at the police-station. The prisoner was brought there—I Searched her, and found this purse, stamp, seal, ring, and four duplicates—I asked her whether they were hers—she said, "Yes," but she did not wish them to be seen at all—I gave the things to Sergeant Neeld.
CHARLES KELLY . I live with Mr. Goodburn, a pawnbroker. I produce a blanket, pledged on the 11th of Feb. by the prisoner, in the name of Mary Smith, No. 22, Albany-street, for 3s.—she said it was her own—I refused to take it unless she gave me a wrapper, and she gave me her apron.
MRS. BEAUFOY re-examined. This ring, seal, and stamp are mine—I do not know the purse.
Prisoner's Defence. I found the things, some in the room, and some among the rags.
GUILTY. Aged 21.—Recommended to mercy by the jury.
Confined Three Months.
773. EMMA COOPER was indicted for stealing 1 victorine, value 7s., 2 gowns, 1l. 10s.; 3 shawls, 2l.; 1 handkerchief, 6s.; 1 cloak, 1l.; 2 petticoats, 2s.; 1 shift, 9d.; 1 napkin, 4d.; and 1 locket, 3s.; the goods of Caroline Jones.
CAROLINE JONES . I am servant to Thomas Jenkins, of the Blue Posts, Newman-street. On Monday, the 1st of March. there was a raffle at the house—it commenced at eight o'clock in the evening—the prisoner was there—about eleven o'clock at night I found her up stairs in one of the bed-rooms which was let—I said, "O dear, how you frighten me!"—she said she felt very poorly, and came up there to make use of the room—I had never seen her before—she appeared very stout—she said she was in the family way—she waited a few minutes, and said, "Good night," and went down stairs—next morning, about ten minutes to seven o'clock, I missed the articles stated, which was everything I was possessed of, from my trunk, which was in my bed-room—they were worth about 6l., and were safe in my box about five o'clock on Monday evening.
ANDREW WILLIAMSON (policeman.) On Tuesday morning, about half-past eight o'clock, in consequence of information, I went to a coffee-shop in Smith's-row, and found the prisoner in bed—I said I came to take her on suspicion of stealing articles from the Blue Posts public-house, where the raffle was held—she said I was mistaken, and that she left the house about eleven o'clock—the property was all strewed about the room—I gave her an hour to dress, waited outside the door, and when she came out, I saw these things tied up in a bundle at the head of the bed—I took her to the station.
WILLIAM PENNEY (policeman.) On the 2nd of March, about two o'clock in the afternoon, I received this bottle, containing lavender-water, from the prisoner—I asked her if she had got it, and she gave it me.
Prisoner. You did not ask me for it; I brought it up, and said that was the lavender-water which was given me by the party who gave me the things. Witness. I did ask you for it.
CAROLINE JONES re-examined. This bottle of lavender-water and the other things are all my property, and were in my room, and some in my box—I am certain the prisoner is the person I saw, and who appeared large in the family way—when I saw her again she was not larger than she is now.
Prisoner's Defence. The things were given to me to mind until the following day at twelve o'clock—I did not say I was in the family way—I was not larger then than I am now.
GUILTY . * Aged 17.— Confined Nine Months.
JAMES PARSONS . I am a boot and shoemaker, and live in Bedford-street. On Monday afternoon, March 1st, about half-past three o'clock, I missed two pairs of shoes from my door—I had seen them safe at half-past twelve—I have not seen them again.
SAMUEL LINCOLN . I am ten year old, and live in Storey-street, Stepney, near Mr. Parsons. On the 1st of March, about one o'clock in the day, I saw the prisoners just against Mr. Parsons' shop—the prisoner James took a knife out of his pocket, and cut the string of three pairs of shoe which hung by the door—the prisoner William was close by—he had a red handkerchief, which they wrapped the shoe up in, and ran away together—I had not seen either of them before—I saw them afterwards sitting together on the toll-bar in Bedford-street.
JURY. Q. Are you certain they are the boy? A. Yes—I had seen them about for two or three hour—I had never seen them before—it was a large knife, like the one here.
FREDERICK PAESONS . I am nine years old, and am the son of Mr. James Parsons, who keeps a boot shop. I saw the prisoners loitering about together, from the corner by the toll-bar to the other corner—I first saw them about one o'clock, and again about four or five o'clock.
GEORGE PALMER (police-constable K 128.) On Monday afternoon, March 1st the prisoners were given into my charge—Lincoln told me, in their presence, that he saw James take out a large knife, cut the string of the shoes, put them in a large handkerchief, and take them away—they said nothing—I searched them at the station, and found this large knife on James, and a red handkerchief on William, and 2s. 10 1/2 d. in money.
Prisoner James's Defence. We have got no red handkerchief; we were sitting on the toll-bar, and were taken into custody.
JURY. Q. What time elapsed before you took prisoner? A. A day and night.
JOSEPH EADY (policeman K 280) I produce a certificate of the prisoner William's former conviction—(read—Convicted June, 1843; and transported for seven years)—I was present at the trial—he is the person.
J. LICKFOLD— GUILTY .
W. LICKFOLD— GUILTY .
Confined Three Months and Whipped.
JOHN THIES . I am a baker, and live at Old Broad-street. On 24th Feb., about half-past seven o'clock in the evening, the prisoner came to my shop, and asked for two-pound loaves, and half-a-quartern of flour for Mr. Wilkinson, who has been a customer of mine for ten years—I knew that the prisoner formerly lived in his service, and let her have them—after she left, in consequence of something, I followed her—she passed Mr. Wilkinson's house, and went on—I did not see a policeman, and took her to Bishopsgate-street station myself.
Prisoner. I know I have done very wrong, but I had nothing to eat.
GUILTY. Aged 26—Strongly recommended to mercy by the Jury and Prosecutor. — Confined Fourteen Days.
776. JOSEPH GARDNER and HENRY SOUTH were indicted for stealing 1 firkin, value 1s.; and 60lbs. weight of ivory black, 8s., the goods of John Parry; and that Gardner had been previously convicted of felony.
JAMES GANE . I am a labourer. On 25th Feb. I was in company with John Gording and James Fallow, in York-street, and saw the prisoners standing together at the corner of Gardeners'-lane—Gardner crossed over to the Tom and Jerry shop, opposite Mr. Parry's he crossed over the road again, went to Mr. Parry's door, picked up a tub, and put it on South's shoulder—they went down Gardeners'-lane—I went and told Mr. Parry—I knew Gardner by sight, and can swear he took the tub.
JOHN GORDING . I live in York-terrace, York-road, Westminster-road—am employed in the marble works there—I was in company with Gane, about half-past nine o'clock, and saw both prisoners standing talking together at the corner of Gardeners'-lane—Gardner crossed to the Tom and Jerry shop, came back, took up a tub at Mr. Parry's door, and put it on South's shoulder—I went and told Mr. Parry.
JAMES FALLON . I am a labourer, and live at York-terrace—I was in company with Gane and Gording, and saw Gardner cross over, and go into the Tom and Jerry shop—he stopped there five minutes, went across, took up the tub, and put it on to South's shoulder—they turned down Gardeners'-lane—I knew South by sight, and am quite sure he is the man.
JOHN PARRY . I am an oil and colourman, and live in York-street, Westminister. About nine o'clock last Friday night, I had placed a tub of ivory black outside my shop—I had some goods come in about seven o'clock, and placed it outside to make room—about half-past nine the witnesses came and told me what had happened—I missed the tub—I did not find it again—it was worth 9s. 6d.
WILLIAM MILLERMAN . In consequence of information I received, I took Gardner in charge on Saturday night—I told him what it was for—he laughed at me, and said, "They have not got me to right yet "—about half an hour afterwards I took South, and told him it was on suspicion of stealing a tub of ivory black—he said he knew nothing about it.
Prisoner Gardner. Q. Did not I say I would go quietly with you? A. Yes—you did not to run away.
South's defence. I was in bed that night.
GEORGE CARTER (policeman.) I produce a certificate of the prisoner Gardner's former conviction—(read—Convicted Dec., 1839,(having been before convicted of felony,)—transported for seven years)—I was present at the trial—he is the person.
GARDNER— GUILTY . Aged 26.— Transported for Seven Years.
SOUTH— GUILTY. Aged 17.—Recommended to mercy by the Jury — Confined Three Months
MR. PRENDERGAST conducted the Prosecution.
JAMES HAWKINS (policeman) On the morning of 23rd Feb., in consequence of direction I received stationed myself in sight of the prisoner Filmer's house—after waiting some time, at a quarter before eight o'clock I observed Filmer to go into his house—after he had gone in about half an hour, Newitt came up in one of Pickford and Co.'s carts, No. 22—I saw Pickford's name on it—he took a bag, which seemed to be heavy, out of the cart, and carried in into Filmer's house in Cross-street, then came out and drove away—I am sure he
is the man—after that, Sergeant Brannan came to me—we saw Filmer come out, and stepped a few paces back—he crossed Leonard-street, and went into a public-house opposite—Brannan went in, and called him out—I went with Brannan and Filmer to Filmer's house—I called a man to our assistance, and did not hear what passed between Brannan and Filmer—I went to the house, and in a shed at the rear of the premises saw a bag, which I believe to be the one Newitt took into the house, it resembled it, and was about the same bulk—I opened it, and it contained peas—Filmer was asked what it was, and where he got it—he said he bought them over the water at a marine store shop—I afterwards went with Brannan to the Castle, in Wood-street, to Newitt, and told him he was charged on suspicion of stealing a bag of peas of Messrs. Pickford and Co.'s, which he had taken into Filmer's house—he said he knew nothing about it, that he had not been in the neighbourhood that morning—I saw Filmer go in and come out—nobody had been in but Newitt in the mean time—Cross-street is altogether cut of the way from the City-road to the Castle in Wood-street.
Cross-examined by MR. DOANE. Q. But you found Newitt at Wood-street, did you not? A. Yes, that was where he ought to be—I lost sight of the cart at the and of Cross-street, which leads into the Curtain-road—that is not near the City-road, it is nearer Shoreditch—Brannan sent me to watch at seven o'clock in the morning—I first saw Filmer about a quarter to eight—that is not an unusual hour for Pickford's carts to be about—it was a very common bag—I only know it because it was coarse—I do not swear to it, but believe it to be the bag—it is like many thousand others.
Cross-examined by MR. PAYNE. Q. How many entrances are there to Filmer's house? A. I am not aware that there are more than the front and back doors—I was in Leonard-street a portion of the time—there is no door into Filmer's house in Leonard-street—Filmer went in at the front door, No. 12, Cross-street—I was not above six yards off—I was in plain clothes, walking backwards and forwards—Brannan was not there then—Filmer came from the direction of the end of Mark-street, which comes into Cross-Street—he was dressed similar to what he is now—I believe he had a hat on—I did not think he was laughing at me when he told me he brought it from the marine store shop.
JAMES BRANNAN (police-sergeant.) On 23rd Feb. I gave direction to Hawkins—I afterwards saw him standing at the corner of Cross-street—gave me information—I saw Filmer come out of his house and go down Cross-street, into the Griffin public-house at the corner of cross-street and Leonard-street—I went to him and said I belonged to the police, and asked him about the bag Mr. Pickford's man had brought—he said he knew nothing at all about it, he had not been at home all the morning—I said, "I just saw you come out"—he said, "That you have not, I have not been at home all the morning"—we took him into his house, an I through the house to a shed, where Hawkins said, "I believe this is the bag," and commenced opening it—I asked Filmer what it was—he said, "Old marine store"—Hawkins held some of the peas up, and said, "I never saw such marine store"—Filmer said, "I bought them of a marine store dealer over the water"—Hawkins took possession of the bag, and I took Filmer to the station—I then went to the Castel, saw Newitt, and charged him with taking the bag into Filmer's—he said he was not in the neighbourhood that morning.
Cross-examined by MR. DOANE. Q. Did you know him before? A. Yes, well; and he knew me.
COURT. Q. Is there any exit from Filmer's house besides the front door? A. There is a yard door close to the front door—one leads into the yard, and the other into the house—there is also a back door.
Cross-examined by MR. PAYNE. Q. Did you see any pigs there? A. There was one.
THOMAS CHURCHYARD . I am lodge-keeper to Messrs. Pickford's—Newit was their carman—it is my business to see who comes in and goes out—23rd Feb. he left the premises about eight o'clock, with his cart—I put the question to him, "Where to"—he said, "Empty to Castle," meaning he was empty, and was going to the Castle, in Wood-street—the prisoner's horse was kept—a person could get into the granary from there.
Cross-examined by MR. DOANE. Q. How long had Newitt been in Pickford's service? A. Something under twelve months—I believe my masters would not have taken him unless he had a good character.
EDWARD PARIS . On the morning of 23rd Feb. there were while and black peas in Messrs. Pickford's loft—I have compared the bag of peas produced with them, and have not the slightest doubt about them—there is a peculiarity about them—a few white ones have got among them—the black peas are peculiarly large, and much darker than the generality—the black peas in the loft are separated from the white by a partition—a quantity of white peas had got among the black ones, but no black ones had got into the white—that was the case in the bulk, and is so with the peas in the bag also.
Cross-examined by MR. DOANE. Q. Anybody wanting peas could have helped themselves to the white, without having any black ones? A. Yes—we got them from Smith, Fine, and Smith's, of Upper Thames-street—I do not know that a hundred other people have the same black peas—other people may have some—I will not swear, but I do not know that they are sold to other people besides us.
MR. PRENDERGAST. Q. The white peas are not peculiar? A. No, but the black are, I have never seen any like them before—the prisoner had no business to have any peas in his cart—the peas are the property of Joseph Baxendale, and other.
MR. DOANE. How many partners are there? A. Two besides Mr. Baxendale.
NOT GUILTY .
OLD COURT—Monday, March 8th, 1847.
PRESENT—Sir PETER LAURIE, Knt; and JOHN JOHNSON, Esq., Aldermen: Mr. RECORDER: and WILLIAM HUNTER,. Esq., Alderman.
Third Jury Mr. Recorder.
778. MARY DOWLING was indicated for stealing, at St. John, Hackney, 2 pairs of trowsers, value 1l.; 2 coats, 3l.; 1 waistcoat, 5s.; 2 cravats, 5s.; 1 handkerchief, 2s. 6d.; 1 pair of boots, 6s., 2 sheets, 10s. 1 pillow-case, 1s.; 1 towel, 1s.; 1 breast-pin, 10s.; 1 lancet, 2s.; 1 knife, 3s.; and 4 keys, 6d.; the goods of John Griffith Jones, in his dwelling-house.
JOHN GRIFFITH JONES . I am a surgeon, and live at Queen's-row, Dalston, The things produced are my property, and were taken from my bed-room on the 16th of Jan.—I came home intoxicated, about two o'clock in the morning—I missed them about eight o'clock, when I awoke, and found my door open—I have no recollection of anything that passed between two and eight o'clock—I do not know the prisoner at all.
Hackney and met the prisoner about fifty rods from Mr. Jones's house, with a large bulk of something in her apron—I asked what it was—she said it was washing—I asked where it came from—she said, "No. 1, Johnson's-street, Stoke Newington," and she was going to Minerva-street—I said, "You have a boot there, you are not going to wash that?—she said, "No, they were given to me"—I took her to the station—the bundle contained these articles which I produce—there is a pair of braces on one pair of trowsers—I found a lancet, a knife, and a bunch of keys on her—I could not find Johnson-street—Mr. Jones's house is in the parish of St. John, Hackney—he occupies the whole house.
WILLIAM SAUNDERS (policeman.) I was at the station when the prisoner was brought there—I noticed her taking something out of her shawl—I pulled it aside, and found it was this pin—I found out who the property belonged to, and that the prisoner had given a false name and address.
Prisoner. In going to the police-office, he asked me where I lived—I told him—he said, "You did not say that last night"—said, "I was not very sober last night, but I am not guilty of stealing the things"—he said, "You had better tell the truth," and I told the truth where I got them from, and who gave me them. Witness. She said at the station that a person named Boston who she washed for, gave them to her—I could not find that to be true—part of the things were given up to Mr. Jones at the station.
MR. JONES re-examined. This is my pin—I had a key to let myself in with.
Prisoner's Defence. A person called at my house about half-past ten, and asked us to go out and have something to drink; my husband said, "I won't get out of bed to go with him, but you may go if you think proper;" I went out with him and a young woman, till about two o'clock; we went to a public-house in Stoke Newington; he left us there, and came back with a bundle, which he gave me to wash; I said I should not be able to wash them all to-morrow; I and the young woman both live in the same street; he asked me to take care of the other things for him till Sunday morning; the pin was in the cravat; I thought I might lose it, and put it into my shawl.
GUILTY . Aged 42.
779. MARY DOWLING was again indicated for stealing, at St. John, Hackney, 9 shirts, value 1l., 15s., 3 table-cloths, 25s., 3 bed-gowns, 12s.; 3 sheets, 12s.; 6 frocks, 12s.; 2 petticoats, 5s.; 6 collars, 3s.; 1 curtain, 2s., 6d.; 1 shift, 2s.; and 2 night-caps, 1s.; the goods of George Taun, in his dwelling-house.
EMMA WILLIAMS . I am single, and am cook at Mr. George Taun's, of Elm-terrace, Cambridge-health. My mistress puts some of her washing out—Wednesday is the day for sending the linen—on the 1st of Dee., between ten and eleven o'clock in the morning, I found the prisoner waiting in the kitchen—I put out a linen while she was there—she was not employed to wash anything—I do not know myself what she came a bout—the value of the articles put out for the laundress was 5l. or 6l.—I missed them afterwards—they were taken away by somebody.
Prisoner. I was never in the house in my life, and do not know her or her laundress. Witness. I am certain of her—I had never seen before—I saw her at the station, on the 16th of Jan., and recognized her.
LOUISA COOK . I am nurse-maid in Mr. Taun's family. The gate bell rang—I went—the prisoner was there, and said she had come for the washing—I let her into the hall, and told my mistress, and by her directions showed the prisoner into the kitchen—my mistress told her she
must make a mistake—she said no, it was not a mistake, that she came from Mr. Hoggins—(we always called the laundress Mr. Hoggins, but her name is Stapleton)—mistress said she had come too soon—she said it was the day before-hand, but if it was inconvenient, she would call next morning, but the reason she came was, that Mr. Hoggins' child was scalded so dreadfully, that Mr. Hoggins could not come—they looked out the things, put them into a basket, and mistress gave her the list of the things—she said she would not take the basket, as she had three more parcels to take besides ours—she took a cloth out of the basket and tied them up in it—as she was going out, she asked mistress if she had any ointment she could give her, and some old linen to blind the child's sores up with, as it had had oil rubbed on it—mistress brought her down one of master's old shirts, and gave it her for the child—I have seen the child since—there is nothing the matter with it—I am certain the prisoner is the woman—I was with her an hour-and-a-half or two hours.
Prisoner, They must be very simple people to give linen to a person they do not know.
MARGARET JANE STAPLETON . I am a laundress. I am called Mr. Hoggins—that was my former name—I have been married a second time—I have washed for Mr. Taun's family for some years—I used to send my daughter for the things—I do not know the prisoner—I have since found out that she lived next door to me—my child has not been scalded at all—I never sent for the linen till Wednesday, and did not receive these things.
WILLIAM SAUNDERS (police-constable N 25.) The prisoner gave me "No. 20, Minerva-street," as the place where she lived—I found it was false—I went at last to Mr. Stapleton's, and afterwards to Mr. Taun's, and brought Williams and Cook to the station—they identified the prisoner—the prosecutor's house is in the parish of St. John, Hackney.
EMMA WILLIAMS re-examined. The bundle contained nine shirts, three sheets, three table-cloths, three bed-gowns, six frocks, two petticoats, nine collars, one curtain, one shift, and two night-caps—I am certain they were worth 5l.
Prisoner's Defence. I know nothing of the prosecutor or Mr. Stapleton; Mr. Taun came to the station and said I was not the person.
GUILTY . Aged 42.— Transported for Seven Years.
780. THOMAS WHOREWOOD and CAROLINE ANDREWS were indicated for feloniously assaulting Alexander Fullerton, putting him in fear, &c., and stealing from his person &c., 1 bag, value 1d.; 4 sovereigns, 1 halfsovereign, 35 half-crowns, 52 shillings, and 1 sixpence, his property; and beating, striking, and using other personal violence to him.
MR. ROBINSON conducted the Prosecution.
ALEXANDER FULLERTON . I am a collecting-agent, and live in Bartholomew-square, St. Luke's. On the 15th of Feb. I met the prisoners at the house of Mr. Thoms—I had a little gin there—they had some of it—I remained in their company there for ten or fifteen minutes—then Whorewood went out before me, and the brother of the prisoner Andrews—I went out afterwards, and went to the City Arms—the prisoner Whorewood joined us there, and Andrews followed us there—Charles Thomas, who is Andrews' brother, followed us to the City Arms—the prisoner, and Thomas, and myself,
were all at the public-house—there were some coal-porters round the bar—I called for some gin, and paid for it—Whorewood proposed to me to toss for some gin, and I did; and after that Andrew said she would toss me, which I did—then her brother said he would toss—I lost all except one time, and paid all, and at one time I took out a white canvass-bag in the shape of a purse, which had four sovereigns and a half and 7l. in silver in it—there was a dispute between Andrews and me about the toss—Whorewood came and put his finger in my face, and challenged me to flight—I went out into the yard, and he went out—before I was prepared, he knocked me down, and I immediately felt the purse leave my pocket—I felt a hand take it out—Andrews was by at the time—she had come out with him—she kicked me when I was down—I got up, and Whorewood immediately knocked me down again—a coal-porter came to my assistance—I did not get my purse back—when I got up the second time, I said I was robbed in the yard, and when I went into the bar I told Whorewood he had robbed me—he denied it, and an old man said, "Yes, he has, and I saw him take the purse, and give it to the female"—both prisoners were present then.
Cross-examined by MR. MELLER. Q. What are you? A. I collect orders and money for the Northumberland and Durham Coal Company—I am in their employment—I have known Mr. Thomas six or seven years—I am not in the habit of calling on her—I do not know anything about her being a respectable person—the prisoners were not at her house when I first came—they both came in while I was there—I only sent out for gin twice, for 4d. worth and 8d. worth—five or six persons drank it—we had no more then—Mr. Thomas keeps a private house—I had not been drinking before—we adjourned to the City Arms public-house—there were four or five coal-heavers there—we had 10d. worth of gin before we commenced tossing, 6d. worth and 4d. worth—that was half-a-pint and one glass, among three or four of us—then we tossed afterwards for three half-pints more—we had two pints of neat gin among us—three or four coal-porters drank out of it, besides the prisoners—I knew them by sight, and some of them by name—I believe there were four or five—I do not swear there were not eight of them—I had a quarrel with Andrews about tossing—the male prisoner took her part—I did not tell him I should like to give him a sound thrashing—no angry words passed between us—he said, "I will show you how it is done," and asked me to fight—the only words we had were when he put his finger in my face, and said, "I will show you how it is done; come out into the yard;" and we went out—I did not use the word "thrash" to him—I took my coat off at the yard door—I had two coats on—my money was in my left trowsers pocket—all the persons I could perceive in the yard were the prisoners and Thomas—the coal-porters were not there when I got there first—I was knocked down twice—the coalheavers were there after I got up the second time—I was knocked down directly I got up—I had only walked about one pace—when I got up the second time, I gave an alarm—I did not see how many persons were round me when I was on the ground—I have not been robbed before, except of a gold pin three months ago—I have given the witness Webberley about 7s. as he had had nothing to eat or drink—I have not supplied him with food, except bread and cheese once or twice—he did not tell me he would not give evidence without he received money from me—he asked me for money—he said he wanted something to eat—I have not been in the habit of drinking with him—I never saw him before—I never sipped with him in my life—he did not tell me unless he was paid that he would not give his evidence, nor anything to that effect—he came forward voluntarily, and said he had seen it—I have given Tapping 6s.—I
was rather fresh at the police-court—I was capable of taking care of myself—I may not have noticed all that passed—after I proclaimed that I was robbed, Andrews, it appears, had gone out—she returned directly after—I do not know who accompanied her—I did not see mother come with her—she had said before the bar that she would go and fetch her mother—I do not know whether she returned with a women—her mother came in in a minute or two—the prisoner Whorewood remained there.
Cross-examined by MR. METCALFE. Q. Had you been collecting at that time? A. I collected that money that morning—it belonged to the Northumberland and Durham Coal Company—I am obliged to make it good—I cannot very well say what quantity of gin I had had—I was not drunk—I was rather tipsy—I looked very queer when I was knocked down twice and kicked—the knocking down made me worse than the gin—Whorewood did not pull his coat off—he had not time—he knocked me down directly—I believe he pulled his coat off afterwards—I swear he did not take it off first—I did not strike him at all—he struck me—after I was picked up a second time, somebody took me to a pump and washed my face and hands—that person said, "Have you lost your money?" I said, "Yes"—I did feel my trowsers then, but I knew the purse was gone—I first saw Webberley at the bar—I did not see him in the yard—I got up by myself the first time, and was going to walk towards Whorewood, and he knocked me down—I might have intended to strike him, but had not time before I was knocked down—I did not spar up to him—I did not go up on purpose to be knocked down—I did not go up to knock him down—when he knocked me down the second time I was in the act of getting up, and Tapping helped me up—I did not see anybody else round me—it was the first time I was knocked down that Whorewood took the money—I saw him over me when I was knocked down, but when I was down I could not see him, as I was on my side—Andrews did not try to prevent the fight before we went out—I swear that—I have talked this matter over with the prisoner's brother, and said if he would get them to give me my money, I did not want to trouble them—he said he would ask his mother if she had the money—he met me next morning, and said he could not get it from them—he offered to get it from them, but said he could not.
MR. ROBINSON. Q. Was it the first time you had ever seen Wibberley? A. Yes.—I gave him 2s. 4d. at Bagnigge-wells police-court—he had been there two days, and I gave him at this court 4s. 8d., 1s. a day, 2s. on Saturday—that was all the money I gave him—Tapping asked me for some money—I gave him 6s. 4d. by instalments, to provide himself with refreshments—he said he would pay me back again—all the quarrel I had was, Whorewood putting his finger in my face, and challenging me to fight—when I was first knocked down, I was just stepping out into the yard in the act of looking round—I was knocked down from rather on one side—I was not sparring, or preparing to fight—when I got up I was knocked down again directly.
GEORGE WEBBERLEY . I live at a beer-shop in the Kingsland-road. On the 18th of Jan. I was at the City Arms, and saw the prisoners, the prosecutor, and two or three other men—as I went through the passage they were tossing for gin at the bar—I was going into the yard, and they came out to fight—Whorewood knocked Fullerton down—he fell with his head against the pot-house—Whorewood put his hand into Fullerton's left-hand trowsers pocket, took out a white and brown purse, and gave it to Andrews, who took it to one of two men—they passed it among the crowd—the two men went
out at the back door right up the yard, and she went out at the front—she passed it to the men in the passage going to the back door—both the men had their backs to me—I could not see their faces—Andrews kicked Fullerton on the shoulder before she went—Whorewood knocked Fullerton down again—Tapping took him up, wiped the blood off his face, and took him into the house—before that, Fullerton put his coat on, and said in the prisoners' presence, "I am robbed"—Andrews had returned then—he said he was robbed of 11l. 10l., 7l. in silver and four sovereigns and a half—he did not say who had robbed him—he brought a policeman, and gave Whorewood in charge—I told him I had seen the purse taken out of his pocket by the prisoner, and passed away—I did not say that so that the prisoners could hear—Fullerton gave the prisoners in charge.
COURT. Q. Did Fullerton say the prisoners were the people who had robbed him? A. No—he was knocked down senseless, and could not.
Cross-examined by MR. MELLER. Q. How do you get your living? A. I had a farm thirty years at Radley, in Derbyshire, but was unfortunate—since that I have been drawing gravel and sand for livery stables—I cannot say how many persons were at this place—it was all done in two minutes, and the crowd came—there were four or five persons present—I do not think there were eight or ten—I did not know them personally—I was in the back yard when they came out—the prosecutor and prisoners came out by themselves—at that moment there was nobody in the yard—I saw Fullerton without his coat in his shirt sleeves—they did not spar—they fought two rounds against the pot-house—that is a very narrow place—I will not say how many people were present—it was a good bit afterwards that I stated what had occurred, that I had seen the robbery—Andrews was charged in less then two minutes—I said that I had seen the robbery as soon as I was asked—it was a few minutes afterwards that I said so—I would defy anybody to tell it in the row—I was in trouble eight or nine years ago—I took a bit of oats out of my master's bin, valued at 1/4 d., and gave them to the horse—the doctor had ordered the horse to have corn in its bran—I was tried at Worship-street police-office, and had twenty-one days—I have been in trouble since that—I was carrying a bushel of sand on my back—the policeman took me to the station—they acquitted me, and told him to go and take another rogue—if you know of any other charge made against me, you had better tell me of it—I have been charged with lying out of doors of a night when I could not get a loading.
Q. Was there no charge of dishonesty? A. You prove it, I will let you swear that, if you can find it out—they took me for 3/4 d.—I told them they would not live long after it, and they did not—I may have been as rich as you at one time—I have not changed my name—they have called me Darby because I came from Derby—you may have my character at 7, Wimpole-street—I never had any conversation with Fullerton on the subject of the robbery—he has given me money to buy something to eat with, 7s. altogether—I asked him for it—I did not tell him I would not give my evidence unless he gave me money, nor anything to that effect—he never asked me such a question—he gave me 2s. at Clerknwell—I have not drunk with him but what I paid for with my own money, or if I did not pay for it, I must—I have not drank more than once with him—he gave me the money, and I paid for it—he gave me refreshment in a room when we came from Clerkenwell—he gave me 2s. on the first occasion, and 1s. on the second—he gave me that twice, and 4s. at twice here—I work at Mr. Wood's livery-stables—I have supplied him with gravel sixteen years—I do not know any of Fullerton's friends—I
have seen some of them since the prisoner Andrews was committed—I did not go to them and say, if they gave me money I would slip away—they offered me some—I did not go to them and say, if they would give me money I would go down to Yorkshire, and they could not convict the prisoners—I am a Yorkshire man.
Cross-examined by MR. METCALFE. Q. Did Whorewood take his coat off before he struck Fullerton? A. Yes, after Fullerton was in the yard—when the purse was taken, Fullerton was on his back—Whorewood stopped down, knelt on the ground, put his hand into his left trowsers pocket, and took the purse out—Andrews then came up and kicked him on the shoulder—she had come out with them, and was standing against Whorewood when he took the purse—she was at Fullerton's feet—Whorewood passed it away to her—she passed it to two men—they went out at the back door, and she at the front—Fullerton came up ready to fight the prisoner again—he struggled, and the prisoner knocked him down again, and a coal-heaver helped him up—I was in the back yard just by the pot-house, nearer to the prisoners then I am to you—I told Fullerton, as soon as he came in—I said he was robbed—I was across the road—I came through the house—he was before me, talking to the policeman—both the prisoners went into the house before Fullerton got up—I saw him washed at the back door—I heard him say, "I am robbed of my money"—I did not see the man who received the purse after I told the policeman the prisoners had robbed Fullerton—I did not see him at all—I did not see him at the bar when the prisoners were given in charge.
Cross-examined by MR. MELLER. Q. How many persons were three at the bar? A. About a dozen, chiefly coal-porters.
Cross-examined by MR. METCALFE. Q. Were the prisoners drunk? A. Yes—Fullerton was very drunk.
ANN CAULDWELL . I keep the City Arms public-house. On the 15th of Feb. Fullerton and the prisoners came to my house—there were some coalheavers there—Fullerton passed me in the passage—Andrews went out to fetch her mother—Whorewood remained at the bar—shortly afterwards Fullerton came in—he did not say anything in my hearing—while the prosecutor was at the bar there was no conversation—when he came in there was a young man with him—when he came to the bar afterwards he said he was robbed—I believe Whorewood was there—he passed me in the passage—I saw Webberley—I believe he was perfectly sober—Andrews went home, and returned with her mother.
Cross-examined by MR. MELLER. Q. You were not there at the commencement? A. No—I was not in the yard at all—I was at the back door leading to where they went out—I did not see Fullerton and Whorewood go into the yard—they passed me in the passage—they came back in front of the bar—I saw three men in the yard, Fullerton and two coal-heavers—I saw no men in the passage—I could not see into the yard.
HANBURY BITTEN . I am horsekeeper at the City Arms. On the 15th of Feb. I heard of the fight, went into the yard, and saw Fullerton lying down—Whorewood was standing by him upright—somebody helped Fullerton up—he ran towards Whorewood and struck him, and Whorewood knocked him down again—Andrews held her foot up, and said she would kick him, but I do not know whether she did or not—there were persons about—one of them took Fullarton to the water, and washed his face—I heard him say
then that he was robbed—he was rather drunk—the prisoners were sober—I saw Webberley about a quarter of an hour after it was over—he was sober.
Cross-examined by MR. MELLER. Q. How many coal-heavers were there? A. There were six or seven people, some of them were coal-heavers—I heard nothing of a robbery till Fullarton was being washed—that was about five minutes after he got up—I did not see any person come into the yard before he was washed—he was not stripped for fighting—he had not his coat off—I saw the prisoners there.
Cross-examined by MR. METCALFE. Q. Had Whorewood his coat off? A. Yes—I saw that on looking through the window.
JURY. Q. Did any body pick Fullarton up the first time? A. Somebody did—I do not know who.
THOMAS TAPPING . I am a coal-heaver, and live in Windsor-street, Paddington. I saw the people at the bar—there was tossing going on—Fullarton pulled his purse out with money in it—Andrew said she should like to have it—she spoke loudly enough for anybody to hear—there was a disagreement between Andrews and Fullarton—I saw Fullarton knocked down—I assisted him to a tub to wash his face—he then said he had lost his money—I saw Webberley in the passage.
Cross-examined by MR. MELLER. Q. How many men were there in the yard? A. Seven or eight I should think—I believe three or four of them were coal-heavers—there was not ring formed in the yard—when I went out they were standing together—the yard is three or four yards wide, and about twenty-eight long—I went in after it was over.
Cross-examined by MR. METCALFE. Q. Was Fullarton in his shirt-sleeves in the yard? A. I cannot say—he had one of his coats off.
JURY. Q. In what position was the pot-house with reference to the back door? A. Opposite the passage—two or three yards from the door—the yard is twenty yards long—the pot-house is taken out of the length of it—it leads to the house—the bar leads to the passage—if you stand at the doorway you can see into the yard—I saw Webberley in the passage, about half-way from the yard.
JURY to WEBBERLEY. Q. Where were you standing when you saw what you represent? A. In the back-yard, almost close to the pot-house door—close to the door of the passage—Fullarton and the prisoners were not above three or four yards from me—Fullarton got up by himself the first time—Tapping helped him at the second time.
(Edward Macklin, plumber, of Charlotte-street; John Smith, of Upper Queen-street, Islington; John Lewis, of Compton-street, Clerkenwell; and Joseph Hill, of Calthorpe-buildings, Islington, gave Whorewood a good character.)
WHOREWOOD— GUILTY . Aged 21.
ANDREWS— GUILTY . Aged 19.
of stealing from the person without violence. Transported for Seven Years.
781. FREDERICK POWELL and CHARLOTTE MARSHALL were indicted for a robbery on James Keppey, on the 2nd March, and taking from his person, I comb, value 6 d.; 1 handkerchief, 6d.; 6 half-crowns, and 5s.; his monies, and beating, and striking, and using other personal violence to him; and that Powell had been before convicted of felony.
MR. ROBINSON conducted the Prosecution.
JAMES KEPPEY . I am a type-founder, living at No. 14, Skinner-street, Clerkenwell. On the morning of 2nd March, about one o'clock, I was in Holborn—I had been drinking—I was not sober nor yet tipsy—the female prisoner came up to me, and asked where I was going—I said, "Home," and with that I was put on my back—she was not talking to me two minutes—she was not walking with me during that time—I stopped for a moment to answer her, and I was knocked down by three or four men, as it appeared to me from behind—when down, they robbed me of all I had, and gave me a good hiding as well—I had from a sovereign to 24s. in silver in my pocket—I know it was safe in my pocket when I was knocked down—I felt the male prisoner's hand in my pocket, and I held him—I never let go of him—I was on the ground on my back—I called out for the police, and gave him into custody—I do not know what became of the others—I also missed a pockethandkerchief, and a knife with a comb in it, from my coat-pocket—my coat and trowsers were very much torn—there are marks of violence on my face now—I have a black eye—I could not open it on Saturday—that was from a blow that was given me when I was knocked down.
Cross-examined by MR. PAYNE. Q. Had you ever seen the woman before? A. Never—I was something between drunk and sober—it was about one o'clock or a quarter after—I had been taking a walk from one place to another, and was going home then—I have a wife—the last place I was at was Oxford-street—I had been nowhere there—I had, perhaps, been enjoying a glass—I do not know the sign of the public-house—I was alone—I cannot tell you at what time I went into the last public-house, or when I left it—I do not recollect being in any house for two or three hours previous to the time I was knocked down—I do not know that I had been anywhere particular before I went to Oxford-street—I cannot tell you whether it was ten, eleven, or twelve o'clock when I left the last public-house—I do not know what I was doing from twelve to one.
COURT. Q. Had you been more drunk earlier in the evening, and recovered? A. Perhaps I had recovered a little in the evening.
MR. PAYNE. Q. Where do you recollect yourself sober last? A. In long-lane, Smithfield, opposite to where I work—that was at seven o'clock—I went to different places after that—I did not take any particular notice where I went to—I do not know what public-house I first went into—I cannot tell you where I first got drunk, or how many public-houses I went into that night—I cannot tell how many persons I was in company with that night, nor how many women—I have not seen any of the property since—I spent 2s. or 3s. that night—I do not know where I spent it—I went out at seven, and came back at one, and do not recollect where I spent the money, or who I was in company with, or anything about it—when I left Long-lane I was alone—I was not company anybody all night—I do not say I did not speak to anybody—I am quite positive I had my property about me at a quarter past one—I cannot tell you anything else.
JOHN KNIGHT (policeman F 148.) About one or two o'clock in the morning of 2nd March I was on duty in Broad-street, St. Giles—I heard a cry of police, ran to the spot, and saw the prosecutor and the male prisoner struggling on the pavement—I asked what was the matter—the prosecutor answered, "I give that man in charge for assaulting and robbing me"—I took the man into the custody, and took him to the
station-house—he said nothing at all on the prosecutor's making the charge—as I was taking him to the station-house the female prisoner hit me about the head three or four different times, saying, "you b—, you shall not take him"—another constable came up, and took her in charge—the male prisoner was searched, and 6d. and some halfpence were found on him—the prosecutor was a little the worse for liquor—it seemed to me as if the blows he had received had quit stupified him—I saw blood on his nose—the prisoner was present when the prosecuter gave the charge to the inspector—he charged him with assaulting and robbing him—he did not go into any particulars—he did not say how it happened—I know both the prisoners—I have seen them together—I saw them about twelve or half-past the same night together, with several more, in Broad-street, close on the spot—I have seen them together before several times.
Cross-examined. Q. Had a crowd assembled round the prosecutor when you came up? A. Yes—I saw nothing, except that his nose was bleeding, and he was the worse for liquor—no property has been found.
HENRY BINGHAM (police-constable E 153.) I recollect hearing a cry of police at this time—I did not see the prisoners taken—I saw them going along in custody—I saw the female prisoner go to my brother officer, when he had got the male prisoner in custody, and say, "You b—, you shall not have him;" and she beat him on the neck and back part of his head, and kicked him likewise—I took her into custody, and took her to the station—the prosecutor had been drinking, but had his senses as much as he has at this present time—he seemed to know what he was about—he walked to the station.
STEPHEN THORNTON (police-constable A 26.) I produce a certificate from Mr. Clark's office—I know the prisoner Powell—he is the person mentioned in that certificate—I was present at the trial—(read—convicted 12th June, 1837, by the name of Frederick Box, and transported for seven years.)
POWELL— GUILTY . Aged 30.— Transported for Ten Years.
MARSHALL— GUILTY . Aged 20.— Transported for Seven Years.
782. JOHN HYDE was indicted for stealing, at St. Margaret, Westminster, 10 10l. Bank-notes, the property of Thomas Simister, in his dwelling-house; and MARY ANN HYDE , for feloniously inciting the said John Hyde to commit the said felony; and JAMES CROCKETS and JOHN BIRD , for feloniously receiving 1 10l. note, part of the said property, well-knowing it to have been stolen.
MR. BALLANTINE conducted the Prosecution.
THOMAS SIMISTER . I live in Little Chapel-street, Westminster, and am a hardware man. I took the house from the prisoner John Hyde, about six or seven weeks before I was robbed of this money—I told him at the time I took it that I had some money coming, with which I was going to set up in business; and on one occasion I lent him a 10l. note, which he repaid me the next day—on the 11th of Feb. I was in treaty for a house and shop in peter-street, from a Mr. Fisher—I told Hyde in the morning that I was in treaty for the house, and was going to buy the furniture and fixtures as it stood; and he said he would go down with me and see it—we went to Mr. Fisher's, and had half a pint of gin—I then found out I had come out without any money—I said to Hyde, "I must go home again, for I have brought no money out with me"—he said I had no cause to go home, what I wanted he would lend me—he lent me 1s.—we then had the half-pint of gin—I again said that I must go home for my money, and said it was no use my stopping
there all day without money—he said he would come down again by and by and bring me some more—he said, "You stop here, and do not you leave the place, for you have bought the furniture and fixtures as they stand; if you go, part of the things may be taken"—he went away, and returned, and brought me half a crown—that was about one o'clock—he left again, and returned again about five o'clock—he then said the same words, merely telling me to stop where I was—Mr. Fisher heard him say that—her name is now Mr. Baxter—she kept the house—when he had said so many times, "You shall not go, "she said, "Both him and you shall go, for he is not to take the place until Monday next"—I told Mr. Baxter I would pay her for it then, and take possession of it at that time—Hyde said, "You shall not go; there is 35l. to pay, and if you want it I will lend it to you"—he then went away—that was about half-past five or six o'clock—before he went, Mr. Baxter said to him, "Mr. Simister is now far on, and if he should get anything more to drink he will not be able to settle it"—I was getting the worse for liquor—I knew perfectly well what I was about—my wife was not with me—Mr. Baxter told Hyde that Hannah (that is my wife)was lying down, and to be certain not to disturb her, for if I got more, and was not able to settle it, she would return with Mr. Baxter, her husband, at nine o'clock, to settle it—I continued in the house till I heard I was robbed, which was a little before seven o'clock—a massage was brought to me to go home—my house is about five minutes walk from Mr. Baxter's, about a quarter of a mile—when I went home I went into my bed-room, and found my notes gone—I had left them in a little drawer that goes into the inside of a bureau—I had seen them safe in the morning—there were then ten 10l. notes, nine in a roll, and one was doubled, up and dropped into a case in the same drawer—that was a note which I had sent my young man out to change a day or two before—when I went home I did not find Hyde there—I went to his own house, and saw him—he and his wife were present—I told him he had robbed me—he said he had not—that was all that passed at the time—I went again the next day—the female prisoner, who is his wife, was in the little back parlour, and he was in the shop—his wife must have heard what I said the night before—she said, "I hope you do not think now, as you did last night, that we have robbed you, for I saw your wife put the roll of notes into her bosom"—about ten minutes after I went in again, and she said it might have been paper, she never saw the notes at all—I had got the money from the bank of England.
Cross-examined by MR. CLRKSON. Q. why, was it note in the same conversation, in a minute or two, that Mr. Hyde said she had never seen the notes at all? A. No, it was within ten minutes after—I had received 290l., and had 100l. left on this occasion—I had paid 25l. for the fitting-up of the shop, and paid for the gas fitting and furnishing the shop 40l. I believe—I had laid out more than 100l. in stock—I do get tipsy at times unfortunately, once a week perhaps, or once a month—when I went down to this shop I left my wife on the bed, when I went with Hyde to Mr. Baxter's—we had not both of us been in bed drunk all the day before—I had been to bed after the effects of drink, to recover from it—that was on the Wednesday—I had been drunk once in that week—unfortunately, a very little will make me drunk—the injury I have received in my head makes it easy—I was drunk on Tuesday and was recovering from the effects on Wednesday—I cannot say that I did not drink on Wednesday—I was not drunk on Monday—I mean to swear I was perfectly competent to look after my business—I was the worse for liquor—I was not drunk and in bed on Sunday—I was perfectly able to do anything—I had been drinking perhaps tea and coffee, and perhaps gin—I was not drunk—I did not drink ram out of the bottle's mouth that—I
never drink rum—did not drink anything out of the bottle that day—I drank some gin out of a tea-cup—I only had one single half-quartern of gin on the Monday, and that I did not drink the whole of—my wife drank the rest.
Q. Had you been in a course of intoxication from the time you had the good fortune to receive this 290l. down to the time you say were robbed of this 100l.? A. I could not have been in a continual state of intoxication, or I could not have looked after my business—I was not drunk four times, nor twice a week, and for a fortnight I was not drunk at all, I never touched drink—I had taken Mr. Baxter's house just as it stood, except three glasses and some old china—I had nobody to leave in charged of the house if I went away myself, but I was perfectly well aware of everything there was in it, except it was something very small—if anything large had gone I should have missed it—I had taken it just as it stood—I did not go there for the purpose of making an inventory, and I did not tell Hyde so—I said to my wife that I thought I ought to have had an inventory—I did not go down to the house and tell my wife I was going with Hyde to make the inventory—I did not tell my wife he was going with me—Mr. Baxter said we were to leave the place because I had not got to take possession till the Monday—it was on the Tuesday I made the purchase—she never said that both I and the prisoner should leave, for that I was not to have the place until the Monday, as the money had not been paid—she had had 5l. by way of deposit, and she had acknowledged it—the words she said to him or me (I do not know which) were, "Neither him nor you shall stop, if there is much more said, for you have not to take to the place till Monday"—I never heard her add, "as the money has not been paid—I might have said, "as the money had not been paid"—it had not been all paid—I had been drinking—that is not my common practice—I was sober on the Wednesday—I had been drinking in bed on the Sunday—Hyde was in his shop when I charged him with the robbery—it was on the same evening—it was Mr. Baxter's little boy who came and told me that the money was gone—there are two men that work for me, living in the house with me—they work on commission for me—they hawk things about—when I charged Hyde with the robbery he denied all knowledge of it, and laughed—I saw him in the shop next day, and Mr. Hyde in the parlour—he said, "My lad, I am going away, and if you want me you can find me at any time"—he said he had lived there ten years, and had never before been charged with a robbery in his life—he told me on Friday or Saturday morning that I had borrowed 8s. 6d. of him—I said, "You lent me 1s. "—I might have said it was more money than I knew of—I told him the exact sum he had lent me—there are other parties in the house that could prove it—he said he had lent me first 1l., afterwards half a crown, and then 5s.—I had borrowed money of him on one occasion before that—we had been intimate—he told me he had got money, and I told him the same—he lent me 3s. once—my friends and lodgers, and all the person near, knew that I had money—my lodgers could not help knowing it because I sent them out for different things—when I came home, on being sent for I found one of the lodgers at home, the old man, George white—I stated, when I got up in the morning, that I had no thought of going to the public-house, till I had mentioned it to Mr. Hyde—I mentioned that I had taken the place—he did not know it till I told him—it was not on his recommandatin that I went—mentioned it to him, and he said, "I will go down with you"—I never said his offering to go with me was the sole ceuse of my going—I told my wife I must go and look after Mr. Baxter's place, or I should lose my deposit—I said I had put the receipt for the 5l. Mr. Baxter had given me the night before, into my
pocket—next morning I pulled it out to look at it, and said to my wife, "I must go and look after this place, (Mr. Baxter's,) for have paid 5l. deposit"—I did not tell her I was afraid some of the furniture would be removed—I did not show her the agreement, and tell her I would take Mr. Hyde there with me—I was up stairs in my bed-room when I showed her the agreement—my memory is best when I am sober.
MR. BALLANTINE. Q. Did Hyde know perfectly well that you were given to these habits of drunkenness? A. Yes; he has been in the habit of seeing me drunk—he had seen me between Monday and Wednesday, and for four or five weeks before.
MR. CLARKSON. Q. Who was it said he found the 10l. note? A. Bird—he said his little girl brought it to him; that it was in a drawer, and was pushed through a cook-shop window grating, in York-street, Westminster—it was the very drawer I had lost—there is a passage just opposite our house that leads directly down to that place.
MR. BALLANTINE. Q. How far from Hyde's is that place? A. Four or five hundred yards—it come to the back of our house—ours is in the front, and there are some cottages down the entrance,
COURT Q. Then, whoever took the money left one 10l. note behind? A. It was the one that had been sent out on the preceding day, and was loose—I had no misunderstanding or squabble with Mr. Baxter about a clock—I had sent a clock away to be mended before she came—that was after the deposit was paid—she did not complain about it being sent away.
HANNAH SIMISTER . I am the prosecutor's wife. I remember his leaving me on the 11th of Feb.—I saw him again in the evening, about a quarter to six o'clock, at Mr. Baxter's, in Peter-street—Mr. Hyde had told me there was a quarrel about Mr. Baxter wishing to move some of the goods—after my husband left me, about five o'clock, or very soon after that, I saw Hyde in his own house—we got into conversation—Hyde said my husband had said that he had got property in the house, and he should not be easy as long as it was there—I afterwards went into his house again—I had been down to Peter-street on account of what he told me—I left Mr. Hyde at her own house—I did not see her at my house till about a quarter to six in the evening—I had started from my own home, and came back from Peter-street—Mr. Hyde followed me in about two minutes—that was a very little after six—I took the candle, to go up stairs, as they wished to have the money to wattle for the house—Mr. Baxter had told me I bad better come home and fetch the money—I went up stairs, and sat on the side of the bed—Mr. Hyde sat on a box under the bed-room window, by the side of the bed—we got into conversation for about ten or twelve minutes, about wearing apparel, and then it began about the money—she said, "If I were you, if I had any property in the house, I should put it out of the way, for your husband is as likely to come home and take the whole, as to take 10l., and make use of it"—at that time no one knew where the money was—I got up, and saw the keys of the bureau lying on the mantel-piece—I was going to lock it, but could not, as a piece was broken off one of the keys—as soon as I saw the piece had fallen out where the lock went in, I took the drawer out the bureau—there was not a word spoken at the time, but she stood by and saw me deposit it at the bottom of the box—I did not take the money out—I left it in the drawer, I saw it there—I had it in my hand, and I put the drawer at the bottom of a box in which I had a cap and bonnet, and a great many letter—that box was not locked—I did that for safety, as I thought—I put the drawer under my cap, to conceal it—Mr. Hyde could see what I was doing—we then came down—as we came down stairs she said she wanted to go into the yard—the door was fastened—I
unfastened it, and we went in, but did not stop above a minute or two—I did not at any time put a roll of notes or a roll of paper into my bosom—I was sober—I had had a glass of liquor in the afternoon, but I had laid down after that, and did not get up till half-past five, and then I went down to ask the man in possession of the house to help me light the gas—after I had deposited the notes in the box, I went down to Mr. Baxter's again, leaving George White at the house—I cannot say that locked the back door, but I shut it after me, I am positive—anybody could very easily get over the wall on the right-hand said of the back door, which is very low, and get in behind—they would then have to pass through the back door, and up a steep staircase, to get to the room where the money was—if any person had been in the shop they could not have seen anybody who went up, because there is a door which shuts our back parlour out from the passage—a person might go through the back door without being noticed in the shop, but when we walk across that bed-room it shakes all the house—anybody can hear distinctly a footstep going across the room—I went to Mr. Baxter's again, because she told me I had better fetch the money, and to see if I could get my husband home—I found him there—I did not get him home just at that moment, but I did a very little time after—I heard of the robbery while I was there, and then went straight home.
Cross-examined. Q. Had you been drinking? A. Not in the evening—I had a very small glass of rum about two o'clock in the afternoon, on account. of having a pain in my stomach—I went to bed and laid down about half an hour afterwards—my husband did not leave me drunk in the morning—I was not living on the bed to endeavour to recover from the drunkenness in which I was all day on Wednesday—I never had a drain on Wednesday—if I were to say that I and my husband were drunk twice a week, or twice a year, I should tell a very great falsehood—we did drink gin together in bed on Sunday, but not on the Monday, Tuesday, and Wednesday—I believe my husband said, before he went away in the morning, that he must go and look after Mr. Fisher's place, or else he should lose his deposit—there was an inventory mentioned, but I do not know that he said he should like to get one—that was the answer I made at the Police-court—I heard him say he feared some of the furniture would be removed—Hyde had instructed him in that kind of way—he showed me the agreement, and said he would take Hyde down with him—my husband is in the habit of getting a little drink sometimes—he is like other gents, he likes a little sometimes—I have not said that he drinks so much that I considered his memory better when drunk than when sober—I told the Magistrate that when he was drunk he could always recollect very well, and he has told me that he could not recollect very well when sober—when we have quarreled over night, and I have charged him with it next morning, he has said he knew nothing at all about it—if I said I was drunk once or twice in the week I should tell a very great falsehood.
MR. BALLANTINE. Q. Your husband said he should take Hyde with him, was that when he first went out in the morning? A. Yes—I never saw him after.
Cross-examined. Q. Did you happed to be out all night on the night the money was lost? A. Yes—I shall not tell you where I was—I was in Mr. Simister's bed-room that night.
MR. BALLANTINE. Q. You must tell us where you were that night or I
shall apply to his Lordship to commit you? A. Without meaning any disrespect to the Court, it is a circumstance that nothing can compel me to enter into—it is a private concern—it can have nothing to do with this—I am a lodger of Mr. Simister's, not a boarder—I perfectly understand that the suggestion, from my refusing to answer, will be that I committed the robbery, but in my present position I shall not answer the question.
COURT. Q. Have you any reason for declining to answer the question? A. I have, because it is private—I do not suppose for a moment that it would subject me to any criminal charge, but you must understand I came home on the day of the robbery about three o'clock in the day—I work for Mr. Simister on commission—it is customary with me to stop out frequently, and I have stopped out both before and since that time—I came home about three o'clock that afternoon, had my tea, and about four o'clock went down to Mr. Simister, in Peter-street—I came to him again about a quarter past six o'clock, and he asked me to fetch him a bottle of wine from his house—I went there, brought it, and next morning, when I came home I was informed of the robbery—I never came near the house again till eight o'clock—I went into his bed-room for the bottle of wine—he directed me to go there for it, and told me where it was.
MR. BALLANTINE. Q. Is your reason for declining to answer the question that you are afraid of its entailing a criminal charge on yourself? A. No, it is not that.
COURT. Q. Is it anything that will expose you to Ecclesiastical censure? A. Yes—it is within six months—it was about a quarter-past six o'clock when I went to Mr. Simister in peter-street—I was not two minutes in the house—directly I went in he asked me to fetch the bottle of wine—I went directly and fetched it—it took me about five minutes—it was then about twenty minutes past six o'clock.
GEORGE WHITE . I live with Mr. Simister, in Little Chapel-street, Westminster. On the day of the robbery Mr. Simister left me in charge of the shop—I lighted the gas, to the best of my recollection, about five o'clock—Mr. Simister came in, as near as I can guess, about a quarter past six o'clock—Mr. Hyde went up stairs with her—they remained up stairs, I should say, ten minutes or more—they came down again, but previous to that the back door, that leads into the yard, was locked—I saw them go out—I did not see anybody till Mr. Simister called to the little boy who was standing in the shop, and took him out with her—he was in the back parlour, which adjoins the shop—I was there as well—I then remained there alone—in a little while Mr. Hyde came, and requested me to to come out and mind his shop—I went to the side of the window and he said, "Stop here, and then you can mind my shop, and see into your own too"—I stood with my side to the shop, so that if anybody went in I should have seen it, but if anybody went in the back way I could not—after he left I got up to the threshold of the door—in about five minutes I heard something go over the ceiling—the houses adjoin each other—when Hyde went away he said he was going to his workmen—he was away full an hour.
COURT. A. When you heard something over head did not you go up stairs? A. No—I heard them run down stairs and go out at the back door, but having no light in the back room I had not sufficient time to discover the person—I distinctly heard him make his escape behind—when Hyde left me he went either into the passage or into the pie-shop adjoining—the passage would lead to the back of the house—I suspected that something was wrong, and that a robbery had been committed—I went to the back door and found it open—it was fastened before—I then went to the front door and gave an
alarm—I then went to Mr. Hyde's door and said, "Dear me, it is very strange, I thought your husband told me to take care of your shop?"—she said, "He is gone down along with Hannah to Mr. Fisher's"—I found Mr. Hyde in the shop, so that there was somebody to watch it.
Cross-examined. Q. You did not know there was money in the box up stairs? A. I knew there was money in the house, but did not know where it was, or what quantity it was—I had frequently seen them go up stairs to fetch it down—no doubt everybody in the neighbourhood suspected they had money—I never went to the bed-room to see who was there—I am positive Simester or his wife could not have come back—I suspected there was a robbery—I did not go up stairs, because I did not know where the property was—my attention was attracted to the shop as well, and I did not know what to do—I have never been in trouble—I work for Mr. Simester, selling goods on commission—I do not go round from door to door—I merely call them out for sale—I saw Mr. Simester go out that afternoon—she was not drunk—she might have had some drink, but I can say she was perfectly collected when she came home—I never saw her very drunk at Mr. Hyde's.
MRS. SIMESTER re-examined. I did not that afternoon give a suck at the rum-bottle to Mr. Hyde—I never offered her any—I had none in the house at the time—I had no more than the glass I told you of—she was not there then.
MORRIS SIMMONDS . I am foreman to Michael Henry Hart, of Ratcliffehighway—he sells clothes. On the 12th of Feb., between ten and eleven o'clock in the morning, the prisoners, Bird and Crockett, came to our shop to ask the price of clothes—Bird wanted to buy some, if I would change a 10l. note—I said if it was a good one I would—he produced it—I sent it to the Bank—it was stopped there—he did not tell me where he got it from, I did not ask him—I did not put my name on it—Crockett did not say anything.
Prisoner Bird. My little girl, who picked up the note, is here.
CHARLES BAWTREE . I am a clerk in the Bank of England. I produce a 10l. Bank of England note, No. 20349—it was stopped when it was sent by Hart to know if it was a good one—a shopman brought it—he is not here.
NOT GUILTY .
NEW COURT.—Monday, March 8, 1847.
PRESENT—Mr. Alderman HUGHES, Mr. Alderman MUSGROVE, and EDWARD BULLOCK, Esq.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . (See page 670.)
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
that sale by Mr. Milo, for Mr. Kendall of Drury-lane, for 28s.—Mr. Kendall left me the money to pay for it—I paid the prisoner 1l. 10s. for if—he gave me 2s. out—that was as soon as the sale was over.
Cross-examined by MR. BALLANTINE. Q. Messrs. Debenham and Ston are pawnbroker's auctioneers, in King-street, Covent-garden? A. Yes—this was on a Friday—we generally have sales almost every day, except Saturday—very likely there is no auction-room in London where there is such a concours of persons—I do not know that we have some very queer characters—we sell, upon the average, about ninety lots an hour—the prisoner, having the book of lots, has to place in that book the result of each lot; the persons, (if they are known,) to whom they are sold, and the amount for which they are sold, and to explain, by means known to Mr. Storr, whether they are paid for or not, and he is pretty well pestered by persons around him into the bargain—I paid the prisoner 1l. 10s. as soon as the sale was over—he had the book before him at the time—there were not other persons around him at the time I paid him—it was just at the end of the sale—those persons who are to pay generally crowd round him at the end the sale—about 450 lots were sold that day.
MR. CLARKSON. Q. He had the book before him when you paid the money? A. Yes—I do not recollect whether any persons were by him—he sits within a counter and desk—the crowd is kept away from him by a table—articles are occasionally bought in by the pawnbrokers.
JOHN ELSWORTH . I live in Henrietta-street, Covent-garden. I attended a sale at Messrs. Debenham and Storr's, on Friday, the 12th of Feb.—I purchased a pair of card-table—I paid the prisoner for them on the following day, 4l. 8s.
Cross-examined. Q. Have you received both the card-tables? A. I have, Sir—I paid for them both at the same time—they constituted one lot—I have known the prisoner since he was at Messrs. Debenham and Storr's—he appeared to me to be a well-conducted person.
MR. CLARKSON. Q. Did you, before you went into business, act in the same situation at Messrs. Debenham and Storr's that the prisoner did? A. The same situation—I kept the accounts which have been spoken of—I did not see the prisoner after this transaction.
COURT. Q. Was it the custom to account for the money over-night? A. To make up the money-paper, and compare what the party had received with that paper—it was the custom to balance each night, therefore, if a man had received more money than the paper stated, it would appear.
MR. BALLANTINE. Q. Did you pass through your term without any mistakes against you? A. I think 5l. would cover the whole of the mistakes in five years—there was sometimes a shilling or two.
JOHN FARTHING . I attended Messrs. Debenham and Storr's sale on Monday, the 15th of Feb.—I purchased a pair of trowsers for 11s.—I bought some other lots—the amount of the whole was 6l. 5s. when I entered the sale-room I advanced the prisoner 5l., and when I paid him I gave him 30s., and he gave me back 5s.—what I paid for amounted to 6l. 5s.
Cross-examined. Q. You lent him 5l., which Messrs. Debenham and Storr have accused him with stealing? A. I do not know—I have lent him money under the same circumstances, but never out of Messrs. Debenham and Storr's premises—I had a high opinion of the prisoner; I found him a person attention to business, regular in his dealings, and honest in all his transactions.
prisoner was in our service for five or six years—it was his duty to attend me and my partner, at any sale which was going on—on those occasions he had a duplicate book of the catalogue of the sake that was going on, before him—I have the book here—if money were paid for an article at the end of the sale, if it were a single lot, it was the prisoner's duty to place it to the account of money—this is a printed catalogue of the day's sale—the catalogue is interleaved, and in the margin of the interleaves are the numbers corresponding with the catalogue—the first lot sold that day was to Solomon, for 3l. 18s.—the next two lots are bought in, and no account taken of them—the lot of Solomons is posted at the moment, No. 423—3l. 18s.—if a party whom we know attends the sale, and makes a purchase of a lot, we enter the lot to the name of the party purchasing, and then post it into the book—if he purchases more than one lot, we enter the number of articles he purchases during the day—if an individual purchases a lot which is paid for, either at the time, or directly the sale is over, that is fires carried to the account in the ledger, and then transferred from there to the money-paper—it was the prisoner's duty, with respect to the money payments, to furnish what we call the money-paper—here is the money-paper for that day—to make up the money-paper the prisoner goes through the ledger, enters the names of the parties who have paid deposits, with the amount of the deposit; all the names of other persons who have paid for their goods entirely, and the total amount of the money received for single lots—this is called the money-paper.
COURT. Q. Then all the money paid, whether for single lots or deposits, or the total of several, is put on the money-paper? A. Yes—that gives the account of all the money he received in the course of the day, and then the money is counted, and it would appear whether it were correct or not.
MR. CLARKSON. Q. Then would he balance his money-paper by the money in the till? A. Yes—if he found he had more than is accounted for on the paper, it would be entered as surplus cash—here is lot 479, a dining-room lamp, sold for 1l. 8s., posted to Mr. Kendall as a purchase made, but the money not paid—it is not on the money-paper—it is in the sale-book, but not discharged in the sale-ledger, as it ought to have been, nor on the moneypaper—if the money were paid at the end of the sale, it was his duty to give credit for it in the second column, as for money received, and then in the evening to make up his money-paper of that, amongst other items, he received in the course of the day—the sale on the 12th Feb. was a furniture sale—a great many goods were cleared that day, and we made the second day the day for the delivery of this money-paper—this should have appeared in this list to be accounted for on the Saturday, and if his cash did not agree with the account of the money-paper, it was his duty to put is down as surplus—Mr. Elsworth was in credit with us—on the 12th Feb. he made a purchase of lot 502, a pair of mahogany card-tables 4l. 8s.—the prisoner has entered them in the saleledger to Mr. Elsworth as unpaid—receiving that money on the 13th, the prisoner ought to have given credit for it in the second column, and that is not done—that would have appeared in the money-paper that day, and if he had not entered it, he would have had a surplus of 4l. 8s. and that does not appear on the paper—this paper would be placed in my hands on the Monday morning—the money would be made up on Saturday, and deposited with this paper n a cash-book by itself, in the iron safe—that was part of the prisoner's duty, and very early on the Monday morning it was my first business to receive these monies with the accounts he had made up on the Saturday evening, and in this paper neither of these sums appear in the sale-leader—here is a lot purchased by Mr. Farthing on that day, amounting to 6s. 5s.—I
did not know anything of the prisoner's borrowing 5l. of Mr. Farthing, or authorise it in any way—if he had previously borrowed that 5l., and then received 1l. 5s. to settle that account, neither one nor the other appear as paid in the sale-ledger, and that would be 5l. 16s., and 6l. 5s., making 12l. 1s.—he would have had the 5l. 16s. on the Saturday, and 6l. 5s. on the Monday night—this is the money-paper for Monday night—this 6l. 5s. ought to have appeared in it, and there is no such sum—neither of these sums have been accounted for by the prisoner to me, from the 12th of Feb. to this time—the balances were paid as he represented them on the Monday morning and Monday evening—this money-paper of the 12th Feb. was presented on Monday morning, and this of the 15th on Monday night.
Cross-examined. Q. I believe you took the prisoner from a Mr. Ritcher? A. I do not remember the name, but we received a very good character with him—the duties he had to perform are not very easy, they require attention—there is a great deal of confusion at times—I think the prisoner was given into custody about eight o'clock on Monday evening—he did not beg that he might be allowed to make out his accounts—his accounts were already balanced—he was told there was a deficiency—he did not beg that he might have an opportunity of balancing his account before I did anything—he was constantly employed, to my knowledge, to make purchases for other persons—he would not be intrusted with money to make the payments—we expect to be paid if we do not know the customers, or to have the goods on the premises—we have not credited the prisoner to any large amount—I think the most he ever owed the firm has been 2l. or 3l.—we have not, in point of fact, ever placed any restriction at all upon him—there are persons who attend our rooms, who are perfectly well known—they might, if they pleased, receive goods on credit, but not without our concurrence—there are customers that the prisoner would be perfectly entitled to give credit to, and allow the articles to be removed from the place on the day of the sale—there have been articles sold there on his account—I think we owe him for that about 35s. I have not sent that to him since this matter—he has been a purchaser on credit as far as a coat, or anything for his personal use—he purchased a piano-forte by private contract, my partner sold it him on credit for 13l. or 13 guineas—we made him debtor for the piano, and gave him him credit to the amount of 35s. I seat the caravan for the piano, and I believe we have it now—I have not sent it back to the prisoner—his two sisters and a friend came the day after he was apprehended, and I stated to them that this piano-forte had been obtained with the understanding that the prisoner should procure my consent before it was removed off the premises—that is what Mr. Debenham told me—I should think the prisoner's sisters are twenty or twenty-two years of age—I did not work on their fears—I told them I should send for the piano-forte it they had no objection—they said they had no objection, I was quite welcome to do it—I sent and took it—that was the day after the prisoner was in custody.
Q. Have you not, since you have given this prisoner, with his twelve or thirteen years' character, into custody, found that he has debited himself with three different sums of money, which in point of fact he had not received? A. With two sums he has—2l. 10s. and 2l. 3s. I believe that was all—Mr. Robson's account was 2l. 10s., but that was not one of them—there was not a sum for 6l. or 7l. for which he debited himself, and in point of fact made a mistake—Mr. Robson called the day after the prisoner was in custody and paid a sum of 2l. 10s., which he had debited himself with—he debited himself with 2l. 10s. on the 15th, and 2l. 3s. on the 11th for lot 57, and since that time I have received these two sums—I have not sent them to the prisoner—Mr. Parry
is a customer of ours—I am not aware that the prisoner debited himself with 12s. received from Mr. Parry on the same day—Mr. Parry bought a lot for 12s. on the 15th, that is entered as paid—we have not been paid that since that I am aware of—Mr. Milo has not paid that to my knowledge—Mr. Carter paid 15s. for a lot on the same day—that has not been paid since—it has not come through our books—I do not know that Mr. Carter did not pay that—I have not heard that—I have heard nothing of that account except that Mr. Carter called a few days ago, and said he had given the prisoner 1l. the week before he was apprehended, to pay for this lot.
MR. CLARKSON. Q. What was the amount of the deficiencies when he was given into custody? A. Between 40l. and 50l.—he had no authority to part with any goods to any person, except those he applied to me about, without money—I find the 2l. 10s. and 2l. 3s. have not been paid, though the goods had been removed—he had credit given him for goods—it was his duty to account for them in the same way as others—any purchases made by himself or for himself were treated the same as any other customers—he debited himself with the 2l. 10s. on the day he was apprehended—it formed part of the cash—none of the sums mentioned in this indictment have been accounted for to me in any way—I myself performed the duty the prisoner did for many years—the goods bought in by pawnbrokers are not entered during the sale—that gives great intervals in the course of a sale.
MR. BALLANTINE. Q. For how many sums of money have you indicted the prisoner? A. for six—they amount to about 25l. 19s. 5d.
FREDERICK TITMARSH . I was at the station-house at Bow-street when the prisoner was taken there on the evening of Monday, 15th Feb.—he beckoned me to him, and said he wanted me to go to Mr. Farthing's, in Goswell-road, and ask him not to send on the following day for some goods he had purchased that day, as he had taken the money and delivered the goods, but had omitted to enter the money: and he asked me if I would go to Mr. Elsworth, and ask him not to fetch the pair of card-tables—he did not give any reason for that—I took one of the messages.
Cross-examined. Q. And I believe you have expressed an opinion that this would be a most excellent opportunity for Mr. Storr to promote you to the prisoner's place? A. No, sir, I have not expressed that opinion, or anything of the kind—I have not made any application to be appointed—I have not intended it, nor do I expect it—I know Mr. Postlethwaite—I have not said a word to him about it.
JOSEPH SHACKLE . I am a police-inspector. On Monday evening, 15th Feb., I was sent for to Mr. Storr's about seven o'clock—I had some communication with him in consequence of some information he had—I recommended the prisoner should be sent for, and he was—Mr. Storr said to him, "I understand you wish to say something to me"—the prisoner said yeas, he wished to beg Mr. Storr's forgiveness—I told him who I was, and what I was, and I told him Mr. Storr charged him with stealing a 5l. note—he went down on his knees, and begged for mercy, he said he had done so, but he hoped Mr. Storr would forgive him—I then handed a book to him which I had in my hand, which I had been looking over previously—I stood alongside the prisoner, and pointed to the name of Smith—I said, "How do you account for the name of Smith not being brought out as money paid"—he said, "I know nothing of that, the only thing I have done to-day which I have not accounted for, is a person of the name pf Barnett, 4l."—he still begged of Mr. Storr for money, but he said he must give him into custody for the protection of the other servants in the house—I took him to the station—I
found on him a penny and two keys—I came back and searched his desk—I found in it some duplicates, a sixpence, and a half-penny.
Cross-examined. Q. Do you mean to say that the prisoner said he had stolen the 5l. note? A. He did—the Magistrate entertained a different opinion, and dismissed the case—it turned out that it was not paid till the next morning.
MR. CLARKSON. Q. The Magistrate thought it was not stealing? A. It was explained about a 5l. note—he had borrowed 5l. of a gentleman living in Farringdon-street—he asked him for it in the course of the morning, and the prisoner said, "Will you have sovereigns or a 5l. note;" he said a note, and this note bearing the name of a customer on it—Mr. Storr sent for me to investigate the case—the prisoner afterwards stated that he put in five sovereigns, and took out a 5l. note—in investigating that case I found this other—the prisoner said he was robbed of 29l. in Nov. last, and he was endeavouring to make it up, but the only sum he had taken that day was 4l. of Mr. Barnett.
NOT GUILTY .
MESSRS. CLARKSON and PAYNE conducted the Prosecution. HENRY BASLEY. I am a woollen-draper. On the 18th Jan. I purchased some goods at Messrs. Debenham and Storr's to the amount of 5l. 0s. 5d.—I did not pay for them—on the 29th of Jan. I did not purchase anything, but some things were bought in my name—I was charged with the 11s.—on Saturday night, the 30th I believe it was, I went to Messrs. Debenham and Storr's, and paid the prisoner 5l. 11s. 5d. for his masters.
Cross-examined by MR. BALLANTINE. Q. Do you recollect what time it was you paid him? A. I think it might be in the evening, about seven or eight o'clock—I am not quite sure it was on the Saturday—it might have been on the Monday—I bought the goods on my own account.
HENRY HARWOOD PARRY . I live in Curzon-street—I am not in business—I remember purchasing some scarfs and silk handkerchiefs at Messers. Debenham and Storr's on 8th Feb.—the lots came to about 4l. 7s. altogether—Mr. Milo agreed to pay for them—we purchased them between us.
Cross-examined. Q. Did you on the 15th buy a lot for 12s? A. That was bought by Mr. Milo.
THOMAS MILO. I was with Mr. Parry at the sale on the 8th of Feb.—I remember the purchase of a lot amounting to 4l. 7s.—I paid the money on the following day, I think about two o'clock—I am not quite certain as to the hour—I paid it to the prisoner, on behalf of Messrs. Debenham and Storr.
Cross-examined. Q. Did you buy a lot on the 15th for 12s.? A. Yes—that is not paid for.
JAMES POSTLETHWAITE . I attended a sale at Messrs. Debenham and Storr's on the 15th of Feb.—I purchased goods there—I think one lot was 33s.—there were two other lots, which were purchased by two other individuals—the whole amounted to 4l.—I gave the 4l. to a person named Spiller, to pay to the prisoner—I saw him give the prisoner some money at that time.
Cross-examined. Q. That was during the progress of the sale? A. It was before the sale was over—I have know the prisoner from the time he entered the establishment of Debenham and
Storr—he had a good character, and I believe that was the opinion of the visitors at Messrs. Debenham and Storr's—I cannot given a better proof of that than the very handsome subscription they have raised to defend him.
WILLIAM B. STORE . I am in partnership with Mr. Robert Debenham The prisoner was in our employ—we had a good character with him—it was his duty to attend sales, and keep a sale-ledger—I have his sale-ledger and catalogue for 8th of Feb.—here is an entry of four lots sold to Mr. Parry, amounting to 4l. 7.—there is no entry in the sale-ledger of that amount having been received—it appears as if Mr. Parry was still debtor to that amount—it was the prisoner's duty, if he received that 4l. 7s. on behalf of Mr. Parry, to enter it in the column of money paid, in the credit column—if this money was paid on the 9th it ought to have been entered in his daily cash-book, not in the money-paper—we had no sale on the 9th—there would be no confusion of the sale that day—it would be the prisoner's duty to enter that 4l. 7s. in the daily cash-book, and to account for the money the same night—he did not at that time, or any other time, account for that 4l. 7s. paid by Mr. Parry—each clerk had a separate cash-book and separate till—there would not be anything that I know of to prevent the prisoner entering it at the time he received it—on the 15th of Feb. here are three lots debited to Mr. Postlethwaite to the amount of 4l.—that is not carried into the paid column—supposing that were paid at the time of the sale, it would be the prisoner's duty to enter it into the paid column—this second column is for the money when it is paid, and that is not carried out, and it would have been the prisoner's duty to enter it on the money-paper—on the money-paper for that day there is no entry of that 4l.—he had never accounted to me for it—it was his duty to account to me every night, and I sign the cash-book for the amount—on the 18th of Jan. two lots were sold to Mr. Basely, amounting to 5l. 0s. 5d.—they are entered in the sale-book by the prisoner—they are not carried to the money account—they would not be carried there, but placed to an account we had with Mr. Basley—if it were paid at an after period the prisoner should enter it in his daily cash-book—on the 29th of Jan. Mr. Basley bought one lot for 11s.—supposing that 5l. 11s. 5d. to be paid the next day, it ought to appear in the prisoner's cash-book—there is no entry of that 5l. 0s. 5s., or of the 11s.—there was nothing to prevent the prisoner entering it—the book was before him—I know of no reason why be should not enter it—there was no sale on the 30th, and no confusion then—he has never paid that money, or accounted for it, form that time to this—he had no authority from me to mix up these payment with any other transaction whatever—he had no authority to mix it up with any transaction, when he might have bought goods for another person, or any transaction of his own—he knew well that these things were to be kept separate from all other transactions—it was for that purpose the daily cash-book was kept, and the saleledger and the money-paper—I know of no reason why the prisoner should not have made the entry at the time he received the money, and paid it over to me.
Cross-examined. Q. Do you know that the prisoner was supporting his mother and two sisters? A. I have no reason to disbelieve it—I have never given him a week to make up his accounts—he ought to account at night, or the next morning—I have not exceeded that time, except on the furniture sales, and then he has accounted on the day following—I have no recollection of having given him longer time.
NOT GUILTY .
First Jury, before Edward Bullock, Esq.
786. HOWARD HALL was indicted for embezzling 8s. 1 3/4 d., 8s. 6d., and 15s. 3 1/4 d., which he received on account of his master, George Secker.—2nd COUNT, for stealing 1 crown, 2 half-crowns, 4 shillings, 1 sixpence, 4 groats, 1 penny, 2 halfpence, and 1 farthing, the monies of George Secker, his master.
MR. BALLANTINE conducted the Prosecution.
MARY SIMMONS . I am the wife of Thomas Simmons—we live in Union-street, Hoxton New-town. On Saturday, the 13th of Feb., I went to Mr. Secker's to redeem a silk dress—I paid the prisoner 8s. 2d., and received 1/4 d. change.
Cross-examined by MR. PARNELL. Q. Who else was in the shop? A. I cannot say—I know there were two serving in the shop—I have not been very often to the shop—I have been there two or three times within the last year or two—I have seen the prisoner there—I have seen another shopman—I have no recollection of seeing several others.
Cross-examined. Q. There were some other persons in the shop? A. No, I believe only a little boy, who was sweeping the shop.
Cross-examined. Q. Did you see what the prisoner did with the money? A. He put it into the till.
GEORGE SECKER . I am a pawnbroker, and carry on business at No. 26, John's-row, St. Luke's. The prisoner entered into my service about sir months ago—he wrote his name on this paper, as "James Horle"—it was his duty to receive money on the redemption of pledges—having received the money, he was to pin the two duplicates together, and put them into a drawer kept for that purpose—he had no right to put any tickets anywhere but into that drawer—I was in the habit of seeing these tickets every night, and comparing the money with them—every night there would be an account of the money expended in advances, and the money repaid—I ascertained the advances made by casting up the book—the prisoner cast up the book—it is what we call the auction-book, in which pledges are entered that are above 10s.—if the pledges are under 10s., they are entered in another book—I refer to those two books, to the duplicate-drawer, and the money in the other drawer, and balance the whole—on the 13th of Feb., I found, on going through this procedure, that the money would not balance, there was a deficiency of 1l. 3s. 8d.—I mentioned it to the prisoner—he assisted me to cast the books over again to see if he could make the account right—he did not say anything about having any duplicates in his pocket—we did not succeed in making the accounts right—we gave it up—he was in the habit of going home on Sunday morning—he went home the next morning—after he was gone, I and my son had some conversation, and in consequence of that I sent him to where the prisoner kept hid clothes—my son produced to me a glove containing duplicates—I told my son to put the glove back again—the prisoner came home about eleven o'clock that night—I had previously sent for sergeant Brannan—he was with me when the prisoner came—I said to the prisoner, "Walk in—you recollect last evening our account would not balance, and in looking over the auction-book, I perceive a watch booked 1l. 6s.—the lad says it was taken in for a guinea, and they came and had 5s. more on it—now, this is a sergeant of police—in looking over the tickets I could not
find this guinea ticket—do you know anything of it?"—he said, "No"—Mr. Barnnan then went into the shop, and I went in with him—he took from a drawer a coat which the prisoner had worn up to the Saturday evening—he took from the coat the same glove with the tickets in it, and, on further search, a newspaper parcel was found with more tickets in it—the tickets did not appear to have been put in casually, they were wrapped up very carefully—I think there were twenty-seven altogether—the amount was about 7l. 14s.—amongst them was one for a silk dress, redeemed for 8s. 14d.; another for a gown pawned for 1s. 6d., and redeemed; and a coat for 7s.; and there were both the duplicates applying to their redemption—here is another for a gown for 3s., and one for a suit and trowsers for 12s.—here are both the sets of duplicates here—when they were found, I made use of some expression, being a little excited—I said, "Good G—, what does this mean?"—the prisoner said, "they are your property"—it was his duty to have put these duplicates into the drawer, and, if he had, it would have appeared that there should have been 7l. odd more in the cash-drawers.
Cross-examined. Q. How long has he been with you? A. Since the 4th of Aug.—he referred me for a character to Mr. Budd, of Barking, in Essex, of the firm of Tomlin and Budd—I wrote in the name of "James Hoole, "which the prisoner gave me, and I was answered in that name—I have three youths besides the prisoner—most of them were present when this calculation was made—they had nothing to do with it—nobody served in the shop but me and the prisoner—the youths did not take money of persons who came to the shop—they took their tickets, put them into a bag, then rang a bell, and the lad up stairs found the articles, and passed them down the well—the tickets were then pinned together and taken to the prisoner—he delivered the articles out—the tickets were then put into a drawer kept for that purpose—the drawer was not locked—there was a hole to put the duplicates in—there is another drawer in which the tickets are put at night when they have gone through this ordeal, called the waste-drawer—when we take out the tickets, we take the money out of the till, and balance one against the other, and settle the books—if the tickets are of greater amount than 10s., they are put into the auction-book before we settle the account, and the others we put into the book after we settle the account—we occasionally apply to the till for other than shop purposes—I have the account here where the prisoner has given 5s. 6d. for the house for that day—both the prisoner and I apply to the till, but we give a check for it—a young man named Frederick was in my service before the prisoner—he had the place the prisoner had—when he was there we found occasionally that the accounts did not come right at night by a trifle—he was with me about four months, I think—the prisoner is the third person I had had in the course of a year—I had had no change for seven years before that—I have discharged none since the prisoner has been in custody—he and the apprentice slept in the shop—my son sleeps in the shop sometimes, but did not on that Saturday night—he slept with me—my son went to the prisoner's drawer between nine and ten on Sunday morning—the prisoner went out at nine—the glove was put back again, because the tickets were found in his pocket, which was an improper place—I told my son to put it back, to shut the drawer, and I would speak to the officer—when the prisoner came, I told him I had been 23s. wrong, and I had heard from my son about the 5s. and the guinea—I asked if he recollected it—he said he recollected the transaction, but knew nothing about the ticket—he did not say he recollected the person having the 5s.—there was a case of dentist's instruments found in the drawer—he said my son knew that they were there—he did not say he knew perfectly well that they were there
for the last three months—I do not recollect his saying my son knew they had been there for the last twelve months—my son keeps his clothes up stairs—he may keep a thing or two in the shop—he sleeps there sometimes, and takes his clothes off there—the prisoner generally stays to breakfast on Sunday morning—he did not on that occasion—he did not tell me he should not stay—he went out and said nothing—all the drawers in the shop are not unlocked—there was an entry in the auction-book of this 26s.—by referring to that I could ascertain there had been a transaction about the watch.
MR. BALLANTINE. Q. Would that make it appear that 26s. had been advanced, instead of 5s.? A. Yes, by not placing the tickets it would appear that 26s. had been advanced—the prisoner had to take out money for the house occasionally—he gave an account of 5s. 6d., which he drew for the house that day for housekeeping—the dentist instruments had no right to be in that drawer—we have a waste drawer, which, when we have done our accounts we put all the old tickets in—none of these tickets had to be put into the waste drawer—when they had been taken to account they would—we should not look to that drawer to see how much money had been received
GEORGE SECKER , Jun. I am the son of the witness. On Sunday morning, the 14th of Feb., I and my father were going over the accounts together—I went to a drawer where I knew the prisoner's cloths were, and found some tickets in the prisoner's pocket—I replaced them by my father's desire—on the Saturday night I slept up stairs with my father.
Cross-examined. Q. Where did the apprentice sleep that night? A. In the shop—I had slept in the shop about a week previous—I slept there on that Saturday night—I forgot myself when I said I slept up stairs—I slept in the shop that night, and the prisoner and the apprentice—I was present when the account was taken on the Saturday night—I was present when Frederick's accounts were taken, and the other man who was discharged—I am sixteen years old—I knew the prisoner had this drawer—I used to keep one book in it, which I had from the library—it was "The Talisman"—I kept it there by the prisoner's permission, because I had no other drawer in the shop, without going up stairs—I did not keep it there that my father should not know I had it—I only kept one book there at that time—I never kept but two books there—the other book was "Pearl-fishing"—I do not know whether my father knew I had those books—they have been in the parlour several times—my father has told me not to have them—I did not recollect about the watch on the Saturday night, when the account was going on—I do not recollect that I talked it over with the prisoner in the shop at night—I did not recollect it before he went out in the morning—I do not know how far he had got when I recollected it—I went to the drawer by myself, and I went back to the drawer—I only found one packet of tickets the first time—I had my suspicion about the watch—my father said the ticket must be found—I had heard robberies had been found out that way—I went to the drawer, and the first thing I lighted on in the coat was the ticket for the watch—I did not search any more—I deliver out pledges in the shop—I return the pledge and the ticket to the man that is serving at the counter—I do not put the ticket in the drawer—I have nothing to do with more money being lent on pledges—I pin the old and new thickets together of some pledges, but I did not with this one—one ticket is kept with the article that is pawned—I was standing by when the man came and had 5s. more on the watch—his name was Newman—the prisoner's accounts have sometimes been wrong before—sometimes they have made a little counting again, and made it right, sometimes they could not.
MR. BALLANTINE. Q. Whose duty was it to receive the money and negotiate
about the pledges? A. My master's—I had nothing to do with the pawning—I used occasionally to pin the tickets together to hand them to the prisoner, whose duty it was to put them in the drawer—I used sometimes to take money, and lay it on the counter by the side of the tickets—I used sometimes to call the prisoner's attention to it—I dare say I might receive some money on that Saturday, and I handed it either to the prisoner or my father—I used to push the tickets and the money towards the drawer—I know Simmons as a customer—I did not see her on that Saturday, to my recollection—I know Fox—I had nothing to do with receiving money from her that day, or from Gulleford—I slept down stairs that night—I went to bed about one o'clock—the amount of the money had been ascertained, and the number of the duplicates—I had nothing to do with putting the duplicates in the prisoner's pocket—I did not steal the 7l., or any part of it, from my father—I have been in the habit of using that drawer to put one or two novels in, which I got from the circulating library—I knew the prisoner used the drawer.
JAMES BRANNAN (police-sergeant G 20.) I was called in by Mr. Secker on Sunday night, the 14th of Feb.—I remember the prisoner coming home about eleven o'clock at night—I searched a drawer, by Mr. Secker's desire, in the prisoner's presence—I produce from that drawer a glove, containing these four pairs of duplicates, and in a paper there were twenty-seven other pairs of duplicates—the prisoner saw what I had found, and his master said to him, "Oh James, what means this?"—the prisoner replied, "They are your property"—there was some other conversation—the prisoner seemed very much confused—there was a case of drawing instruments found in the drawer, and the prisoner said something about George with reference to them, but I did not hear what—he did not say anything about George with reference to the duplicates—I went the next morning with Mr. Secker and another individual to the prisoner's house at Croydon—I had found a bunch of keys on the prisoner, and one of them opened a box I found in his house—I found in a cash-box, in a drawer there, 6l. 17s. 6d., all in silver, in one part, and a half-crown piece and 2s. 6d. in another part—I found a half-sovereign and 7s. 6d. on him while searching him.
Cross-examined. Q. Did you hear what passed about the watch that had been brought the day before? A. I heard his master accuse him of a watch.
(The prisoner received a good character.
GUILTY of Embezzlement. Confined Twelve Months.
GUILTY . Confined Fourteen Days.
MR. BALLANTINE conducted the Prosecution.
HENRY GRIMSHAW . I am station-master in the employ of the Eastern Countries Railway Company. I am at the Shoreditch station—the prisoner has been employed for the last five months at that station, as foreman of the lamp-room—he would have charge of these articles—I have looked at these
lamp-reflectors—I believe them to be the property of the Company—when they were taken they were perfect—it would take 6s. or 7s. to replace them.
Prisoner. Q. I wish to know if the property can be sworn to? A. I would not swear to it, but I have not a doubt they are the property of the Company.
WILLIAM GREENALL . I am fourteen years old—the prisoner married my sister—I live with them in King-street, Spitalfields—I took the articles produced to Mr. Beecham's—the prisoner gave them to me at the lamp-room at the railway station, and told me to take them to Mr. Beecham's to self—I got them out of the lamp-room in a basket, which I used to take the prisoner's tea in and the dog's victuals.
Prisoner. I used to have my tea in a tin; I know nothing of these; this lad has been once tried in this Court. witness. I was tried about three years ago for a handkerchief—I was living with the prisoner at that time—he has brought me up entirely.
GEORGE TEAKLE (police-sergeant H 8.) I received a communication from Mr. Beecham of the 23rd of Feb., in consequence of which I went to the prisoner's house and found Greenall—I took him into custody—he made a communication to the gaoler at Worship-street, and I took the prisoner—I told him I had found some lamps belonging to the Eastern Counties railway—he said, "How many have you got?"—I made no reply—he then said, "I can account for all the lamps you have got"—he said at Worship-street that he begged the boy might be liberated—he said, "All that the boy has stated is true; I will take it all on myself."
Prisoner. I wish to know if the boy's word is to be taken; I know nothing of the property, neither did I have any hand in giving it away; I never gave them to him, and I am quite ignorant of them; this is the treatment I have received through taking a boy that has robbed me; I promised his father, on his dying bed, that I would take care of him; I said at Worship-street that I would rather go before some gentlemen to prove my case, and they sent me to Newgate; Mr. Grimshow has known me.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
HENRY GRIMSHAW . The prisoner was in the service of the Eastern Counties Railway Company—he had the sole charge of articles of this description—they were kept in the lamp-room—they are parts of the lamps that are constantly in use—these must have been taken from the lamps—they require to be taken out in filling the cistern with oil—the lamps cannot be used till these are screwed in again—they are kept on the lamps, and they must have been unscrewed and collected together—the prisoner was the person who had the sole charge of the lamps—he was foreman of the lamp-room—I believe these to be the property of the Company.
Prisoner. You say these dummies must have been taken off the lamps
before they could be taken away; in the lamp-room you will find upwards of 300 extra ones for the use of the Company in case one should be lost. Witness. That is not generally known—I was not aware of it—we employ a person if the lamp want repairs—the prisoner takes them to Mr. Piper's to be repaired.
MR. BALLANTINE. Q. Are you in the habit going into the lamp-room? A. Yes—I have never seen these things about only at the place where the oil is put into the lamps—the prisoner had no business out of the lamp-room.
Prisioner. You know I am called up by you to attend to the trains. Witness. That is not a general thing—I might have gone to the top of the stairs and called you if anything was not as it ought to be—your business was in the lamp-room, and there only.
Prisoner. Q. What did he say to you? A. I questioned him where he got them—he said they were perquisites allowed by his master—I said I was not satisfied, and told him to send his mother—he said she should come the next day—she did not come, and I told the policeman—the boy said his master lived in Gibraltar-walk, but gave no name or number.
WILLIAM GREENALL . I live with the prisoner—I got these things from the lamp-room at the railway-station, on Friday night—my brother, the prisoner, gave me them with a bit of waste on them, when I took him his tea—I took them to Mr. Beecham's—I said I brought them from Gibraltar-walk—my brother told me to tell the place where I lived before—I did not say they were perquisites—I said my master gave them to me.
Prisoner. Q. Do you know where—I was at the time you took these dummies; I was not there, neither did I see them? A. You were up in the corner, cleaning the lamps, I was waiting while you put the oil in.
COURT. Q. How long have you been living with the prisoner? A. I cannot tell—I lived with him when I got into trouble about the handkerchief—I went in the workhouse after that, and my other brother took me home from there—I was then walking along the street, and was ragged, and the prisoner took me in.
Prisoner. You know I was the means of you being put into the work-house because you continually robbed me—you took my tools out of my house, and you went to your sister's master's, and obtained money, and from your aunt. Witness. You did not put me in the workhouse—I did not take tools out of your house—my sister told me to go to Mr. Heudebourg, and ask her to lend her 1s.—I got it, and gave it her, and my other brother told me to go to my aunt, and get some money.
COURT. Q. What did you do with the money? A. I gave it to my brother to buy some wood to make ladders.
GEORGE TEAKLE (police-sergeant H 8.) The boy Greenall was in custody at Worship-street—the prisoner heard a communication that was made by the gaoler, that Greenall had made a statement to him voluntarily—as soon as Greenall was locked up in the cell, he asked if his brother was locked up, and the goaler said, "No, out on bail"—he said "He ought to have been, he is the person that gave me the things"—the prisoner heard that, and he said, "I wish for the boy to be liberated—all that the boy has stated is true—I will take the whole on myself"—the Magistrate said, "Did I rightly understand what you say?"—he said, "Yes, I wish the boy to be liberated."
Prisoner. I said I should like the boy to be moved, and to go further to state my case.
Prisoner's Defence. I was not on the premises the night these dummies were taken; I felt unwell, I went to Mr. Church, and asked him to let me go home; he said, "Yes, if you can make arrangements with the mates down stairs;" I went and asked my mates to go and relives me, as I wished to go home.
GUILTY . Aged 25.— Confined Six Months.
(There was another indictment against the prisoner.)
CHARLES WILLIAM EVANS . I live in the Queen's-road, Chelsea. Be-tween nine and ten o'clock in the evening on 15th Feb., I was sitting in my parlour, at the back of my shop—the prisoner came into the shop—a woman called out, "The boy is behind your counter"—I jumped up, and saw the prisoner rush past the women at the door—I ran and caught him about 100 yards up the street—I passed a man who was standing on the steps, who attempted to catch him, but he eluded his grasp, and he could not—I took the prisoner, the policeman came up, and I saw him search him—he found on him six shillings, nine sixpences, and four groats—as I passed out of my shop I saw my till open—it had not been open before—it was always kept shut—I could not tell the amount that was in it—it was in small silver, shillings, sixpences, and fourpenny pieces—there was about as much as was found on the prisoner, and that was gone from my till.
ELIZABETH FOLEY . I am a widow—I went into the prosecutor's shop about half-past nine o'clock that night—I saw the prisoner crawling on his hands and knees round Mr. Evana's counter, as I was drawing my pattens off—the prisoner said, "Mistress, don't say anything"—I did not answer him before he ran pat me—Mr. and Mr. Evans ran out, and said, "what is the matter"—I said, "There is a boy gone out of your shop."
WILLIAM PHELPS (police-constable E 107.) I saw the prisoner come out of Mr. Evans's shop—Mr. Evans caught him, and gave him to me—I found on him six shillings, nine sixpences, and four fourpenny pieces—I told him what he was charged with—he said he had better do that than starve.
prisoner. There were only seven sixpences found on me.
JOHN FOX (police-constable V 118.) I produce a certificate of the pri-soner's former conviction of felony, by the name of Daniel Here—(read-convicted 25th May, 1846, and confined three months, and whipped)—the prisoner is the person—I know him well—he has a month since that for stealing a bottle of wine.
GUILTY . Aged 13— Transported for Seven Years.
MARY ANN COLE . I am the wife of James Cole, a butcher—we live at Mark's-terrace, Fulham. On the evening of the 17th Feb. a servant girl came to the shop, and, in consequence of what she said, I weighed some mutton—she gave me some direction about it—the prisoner was not there—I sent my boy with the mutton about half an hour afterwards—I was to
send change for a sovereign—I sent four half-crowns, six shillings, and four half-pence.
WILLIAM BONRETT . I am in the service of Mr. Cole. On the 17th Feb. I was sent by my mistress with some mutton and money—I did not count it, but I know I had some half-crowns, some shillings, and some halfpence—I was to take it to Dr. Brown's—I went and saw Dr. Brown, and found there was no mutton ordered—Dr. Brown told me something, and I went away—I saw the prisoner just out of the gate at the private door—he said, "You have brought the mutton to the wrong place"—I said, "I believe not"—he said, "It is Dr. Brown's, give me the mutton; have you brought the change"—I said, "Yes"—I gave him the change first, and then he took out of his waistcoat pocket a paper with two half sovereigns, as I thought, and gave them to me—just as he was going to take the mutton out of the tray, Dr. Brown caught hold of him—he said, "Let me look at that"—I showed him the half-sovereigns—he took the prisoner into his surgery, and went out to ascertain whether the gold was good—the prisoner ran away, and I ran after him—when he came to Marks-terrace, he stopped—I walked alongside of him, and he asked if I would have some beer—I had some, and then he asked if I would have some tobacco—I said no—he walked on to Walham-green, and then we had some more beer—he then said, "I am going a little way" and pretended to be looking for some house—he ran off, and I ran after him—he turned up into the Queen's-road, and asked a man for Sloane-square—the man told him to keep straight on—he turned down the Park-road—I then met an officer who took him.
ROBERT GOSSET BROWN . I am a surgeon, and live at Fulham. On the 17th Feb. this boy brought some mutton with the change for a sovereign—I said it was a mistake, and in consequence of the inquiries I made of him, I gave him directions to go to my gates—I then went out and saw the prisoner give him something—I asked the boy to give them me, and they were two fictitious half-sovereigns—I took the prisoner into my surgery—I weighed the half-sovereigns, and found them bad—I kept them till I gave them to them to the policeman.
JOHN GOSLING (police-constable V 162.) I received charge of the prisoner and the two half-sovereigns—I have not got them—the prisoner has pleaded guilty to passing them, and the inspector has kept them.
Prisoner. It is my first offence.
COURT to ROBERT GOSSETT BROWN. Q. Could you tell what they were? A. They appeared to be sixpences electroplated—I weighted them, they were both light—I was present when the prisoner pleaded guilty to a charge of uttering counterfeit coin—it was the same two half-sovereigns, they were then given up.
GUILTY . Aged 31.— Confined Twelve Months.
792. JOHN ELLIOT was indicted for stealing 10 iron railings, value 5s.; and 60lbs. weight of iron, 5s., the goods of Thomas Potter: and ABRAHAM BEAUMONT for feloniously receiving the same, well knowing them to be stolen, &c.; to which
ELLIOT pleaded GUILTY . Aged 11.
JAMES GODDING . I live in Ray-street, Clerkenwell. I am a smith, and am in the employ of Mr. Thomas Potter, of South Moulton-street—I was at work at the Adelphi-terrace—some iron railings were taken from there—the first marked ones that were missed was on Friday 19th Feb.—I missed some on Monday morning 8th Feb., and on the 10th, and on the 18th—I have seen
them since—I can swear to them by the pattern, and by the holes that I drilled in them—I missed a lamp-iron which I had seen safe about five o'clock on the Wednesday evening—it was Mr. Potter's property he would have had to made it good if it was lost.
JOSEPH BARK (police-constable F 124.) Between seven and eight o'clock on Wednesday evening, 24th Feb., I saw ELLIOT and another person in Adam-street, Adelphi, very near to the place where these rails were taken from—they were coming towards the Strand, carrying a lamp-iron, which Mr. Golding has seen—Elliot said his father was working at Adelphi-terrace, and it was all right—I took them to the station—I went to the prisoner Beaumont's house, in White Lion-street, Seven Dials—he keeps a marine store shop—I saw him, and told him I came for the iron rails which a boy had brought a night or two previously, and that I had the boy at the station-house—he said he had brought them from the boy—he could not tell exactly how many he had of them—he pulled them all out from under the counter—he said he did not think they were correct, that he went to the boy's father to ask if it was correct, and he said they were correct, and that the father received the money for them, and said they were mis-fit irons—he showed me 47 of them—Mr. Golding identified them.
Cross-examined by MR. MELLER. Q. You have know Beaumont some time? A. Yes—he made no hesitation about showing me the iron—Beaumont followed me to the station—the Magistrate offered him bail.
BEAUMONT— NOT GUILTY .
793. JOHN ELLIOT was again indicted for stealing 8 iron-railings, value 5s.; and 48lbs. weight of iron, 5s., the goods of Thomas Potter: and ABRAHAM BEAUMONT for feloniously receiving the same, well knowing the same to have been stolen, &c.; to which
ELLIOT pleaded GUILTY . Aged 11.
(No evidence was offered against Beaumont.)
BEAUMONT— NOT GUILTY .
794. JOHN ELLIOT was again indicted with JOHN MURFITT for stealing 1 lamp-iron, value 4s.; and 100lbs. weight of iron, 4s., the goods of Thomas Potter; and that Murfitt had been before convicted of felony: to which
ELLIOT pleaded GUILTY . Aged 11.— Confined Four Months.
JAMES GODDING I work for Mr. Thomas Potter, South Moulton-street—I was working at Adelphi-terrace, there were some iron rails there which I marked, and this lamp iron—the last time I saw this was on Wednesday evening 24th Feb.—I had never seen Murfitt there.
JOSEPH BARK (police-constable F 124.) On Wednesday evening, 24th Feb., I saw the two prisoners between seven and eight o'clock in Adam-street, Carrying this lamp-iron on their shoulders—I stopped them and asked where they got it—Elliot said it was all right, that they came from Adelphi-terrace, his father worked there, and he was going to take it to Seven Dials—Murfitt said he had been hired by the other boy, and he was going to take it to Seven Dials—he said Elliot had been to a marine store shop there, and he was to go with him to take this iron.
JOHN KILPATRICK . I live near Vauxhall-bridge, and am a stone-mason—I was at work at the Adelphi-terrace—I took down this lamp-iron, and laid it by the side of the work—I saw it safe about seven o'clock on that Wednesday evening when we left work.
Murfilt. I was selling things in Moor-street, when this boy came and asked me to go to a rag-shop; he took me to the Adelphi-terrace, to help him to bring the iron.
(Murfitt received a good character.)
MURFITT— GUILTY . Aged 17.— Confined Six Months.
MR. PAYNE conducted the prosecution.
CHARLES LITTLEJOHN . I live in George's-row, St. Luke's. The prisoner was in my service—on the 2nd of March I got home about six o'clock in the evening—I went to bed in the kitchen, about half-past six—I had been walking out—I was tired, and went to bed—mine is a house to which men and women come—the prisoner uses the kitchen as a servant—she has been herself unfortunate—Mr. Cosgrove lives with me as a wife—when I went to bed that evening, at half-past six o'clock, I put my trowsers on the chair by the bedside—I had there sovereigns and five shillings in a pure in my trowsers—one of the shillings was a marked one—I had gone into a beer-shop while I was out, to have a glass of ale, and I threw down that shilling—it had a line on it—a friend who was with me,-wishing to pay for the ale himself, said the shilling was bad—I took it up and bit it—after I had been asleep about half an hour, I was awoke up by Cosgrove—I examined my pockets, and my purse was gone—the prisoner then came into the kitchen—I told her she bad my purse—she said, no, she had not, and she had not seen it—I said I would have her searched—she agreed to be searched—I went out of the room while Cosgrove searched her—a sovereign dropped down, and cosgrove called me—I went into the room, and saw a shilling drop either out of the prisoner's handkerchief or her pocket—I looked at it, and knew it—it was the lion shilling which I had bitten.
COURT. Q. You went to bed at half-past six o'clock? A. Yes—it was on Tuesday last—I had been at this Court all day—I came here with a friend—I went to bed directly I got home—I had only been drinking one or two glasses of ale, no spirits—no one was in the room when I went to bed out Cosgrove—she was sitting up—she left the room to go to fetch some clothes in before I went to sleep—I slept about half an hout—it was about seven o'clock—I found my money was gone.
Prisoner. You came home drunk, and went to bed in the parlour; Mr. Cosgrove was afraid there would be company come; she had you up, and you went to bed in the kitchen; I had 22s. of my doughter's; the shilling I dropped I picked up and put into my bosom. Witness. I did not come home drunk—I did not go to bed in the parlour—I know the prisoner's daughter.
MARGARET COSGROVE . I live with Mr. Littlejohn. I was at home when he came in on the 2nd of March—he went into the parlour, where I and the washerwomen, and the prisoner, were at tea—he said, "Don't disturb yourselves, I will go into the kitchen"—he went into the kitchen, and when I had finished clearing the tea—things he said, "I shall go to bed, I don't feel
well"—he put his trowsers on the chair close by the bedside—the prisoner went out of the kitchen while he undressed, and then she came in again—I went out into the yard, and was out for twenty minutes—when I came in again he was asleep, and the prisoner was standing close by the chair where his trowsers were, and she was concealing something in a harried manner down her bosom—I said, "Margaret, what are you doing? You have got your master's purse"—a knock came at the door before she gave me an answer, and she went away to open the door—she was gone five minutes—in the meantime I look the trowsers, and found there was no purse in them—the prisoner came down into the kitchen, and asked for a wine-glass—she took one, went back with it, and was away perhaps five minutes longer—she then came down again, and Mr. Littlejohn was then up and dressed—he said to her, "Margaret, you must have my purse"—I said to her, "If you have got it, for God's sake, give it up, and take your clothes, and go about your business"—she said, no, she had not—I said, "You shall not leave this kitchen till I search you"—she hesitated, and, after a minute or two, she walked over to the dresser, and began to undress—Mr. Littlejohn went up stairs—the prisoner dropped some money—I said to her, "You have dropped some money"—she said, "It is only a sixpence, it belongs to me"—I turned to get a candle, to see what it was, and she stooped and picked it up—I walked over to the dresser—it laid on the dresser, and was a sovereign—I said, "Here is a sovereign lies here; you know we are not in the habit of laying our things about like this"—she said, "I know nothing about it"—I said, "You must; I heard the knives and forks rattle, and you have laid the sovereign close by them"—I called Mr. Littlejohn down—he took the sovereign—he said to her, "Let me feel your pocket"—she pulled out her handkerchief or her handkerchief and shook it—a shilling fell, but whether from her handkerchief or her pocket I cannot say—Mr. Littlejohn took it up, and said, "Now I am convinced you have got my money, I know this shilling"—she said it was a shilling of her child's money, belonging to herself—she stood there a minute or two, and I begged her to give the money up—she turned black in the face, and I said, "You are swallowing it"—she said, "No, I am not"—she asked for a drink of water—I said, "No, you shall not have it, you are swallowing the money"—policeman came in, and she was given into custody—she has a daughter, thirteen years old, who has been in service.
Prisoner. Q. Did you see me put the sovereign on the dresser? A. You put something there.
MR. PAYNE. Q. Did you put the sovereign on the dresser? A. No, I had none with me.
JAMES NEVILLE (police-constable G 152.) The prisoner was given in charge to me for stealing three sovereign and five shilling—she said she knew nothing about it—Mr. Littlejohn handed me a sovereign and a shilling—I asked she prisoner what she bad done with the purse, and the rest of the money—she said she bad not a forthing more about her.
Prisoner's Defence. My child had earned a little money to go down to the country; the poor girl worked a year and a half for it.
GUILTY. Aged. 30.—Recommended to mercy by the prosecutor and jury. — Confined Three Months.
OLD COURT.—Tuesday, March 9th, 1847.
PRESENT—JOHN JOHNSON, Esq., Alderman; Mr. RECORDER; and WILLIAM HUGHES HUGHES, Esq., Alderman.
Before Mr. Recorder.
ROBERT FISHER . I live at Barnett-grove, in the parish of Bethnal-green—I keep pigeons in the loft at the top of my house. On the 18th of Feb., at half-past six o'clock in the evening, I had eighteen pigeons safe there—next morning, at seven o'clock, I found six tiles had been taken off the roof, and sixteen pigeons were gone—on the Friday morning I found six of them in Mr. Pellet's possession.
JOHN PELLAT . I deal in birds, and live at Baeon-street, Brick-lane. On the 19th of Feb., about eight o'clock in the morning, a young man came to my shop and asked me to buy some pigeons—I do not know his name—he is not here—he asked me 18d. for them—I bought two of them for 11d.—just as I was paying him for them the prisoner came, and said, "Why do not you buy the lot?"—I said, "How many more have you got?"—he said, "Four"—I said, "I do not care about them," and asked the young man if the had a 1d.—he said, "No"—the prisoner said, "I have one," and gave it me—I gave the person the 1d.—I said, "I do not want the four"—he said, "You shall have them for 18d."—I said, "I do not want them—he said, "You shall have them for sixteen-pence"—I said, I do not want them—I will give you 1s. 3d. for them"—they talked together, and agreed to let me have them—I put fifteen-pence on the counter, and the prisoner took it up.
Prisoner. They came to the Police-station, and asked if I was the man who sold the pigeons—the Magistrate said, "Is he one who took the pigeons?"—the man said, "No." Witness. Nobody came before the Magistrate about it, nor to the station, in my presence—I was not present at the station when the inspector asked any questions.
Prisoner's Defence. I met a young man, who asked me to buy the pigeons for eighteen-pence; I said, "I have not got the money, or I should like to have them very well;" we were standing by Mr. Pellat's door; I said, "I dare say that man will buy them;" we went in; after the man had bought them the young man had not got 1d., and asked if I had one; I gave him 1d., and he gave me the shilling and I asked if the boy had 11d.; I said why do not you sell the man the rest, and he sold them; I did not take the 1s. 3d.
JURY. Q. Did you take them to the station to identify the prisoner? A. I took the man who bought the two, and he said it was not the prisoner who sold those—I live about a quarter of a mile from Bethnal Green-road—I was at work till ten o'clock that night, and they were perfectly safe then.
(The prisoner received a good character.)
GUILTY of stealing only. Aged 19. Confined One Year.
EDWARD NEW . I live in Ormond-yard, Lamb's Conduit-street—I know the prisoner—her mother lodged in the same house with me—on 20th Feb., about four o'clock in the afternoon, I received information that the prisoner had gone down stairs with a cup and paper, containing what was considered to be poison—I went down into the kitchen, and found her sitting at the bottom of the stairs—she did not appear particularly stupified—she had a portion of something in her mouth—we wiped out as much of it as we could—I found a paper on the stones, and a broken teacup, which she had thrown out of her hand as my wife came down—I examined the paper, and found "sugar of lead," written on it—there was a white substance in it, similar to salts—this is it—(produced)—I left her in the care of my wife—I found a sediment at the bottom of the cup—the prisoner said she had done it—I went to Mr. White, the parish doctor—he refused to attend, but gave me an emetic for her—he is not here—I received orders from the Grand Jury to tell him to attend—I went to him twice, and my wife went once—he said he had no business in the case, and would not attend—he is till the parish doctor, and lives in Lamb's-conduit-street, about 150 yards from where the prisoner was—he knew what she had taken—he desired me to give her the emetic, and to send her to the hospital, as he should not attend—the prisoner took the emetic—it took effect—there was a portion thrown from the stomach like what was contained in the paper—she was taken to the hospital—I have known her three years—she is single, and is an industrious hard-working woman—she has been out of work some time.
JOHN EDWARDS (police-constable E 74.) I took the prisoner to the Free Hospital—she appeared drunk from drinking spirits or beer—she said she had taken the poison, and if I took her to the hospital, and it was pumped off, she would do it again—she was determined to destroy herself—she repeated that at the hospital in my hearing—she was not well next morning, but on Monday morning she was, and I took her before the Magistrate.
Cross-examined by MR. LAW. Q. She was intoxicated; both times you heard her say she would do it again? A. Yes.
COURT. Q. Did she give any account of herself on Monday? A. She then said she was sorry for it.
WILLIAM GULLIVER . I am assistant to Mr. Yard, a chemist, in Lamb's Conduit-street. On the 20th of Feb., between three and four o'clock in the afternoon, the prisoner came to the shop and asked for a 1d.-worth of sugar of lead, as she wanted to make goullard-water, which is used as a lotion—it weighed half an ounce—that is quite sufficient to destroy life—it is never sold as medicine—it is occasionally administered in prescriptions in very small quantities, but not for parties to take by themselves—in the pharmacopoeia we are ordered not to give more than two grains, but the prisoner said she wanted it for a scald for her leg—I wrote sugar of lead on the paper—this is the paper, here are five or six grains in it now—the effects of it are a violent burning of the throat, and probably inflammation—it operates as a poison by producing inflammation in the stomach and intestines, attended with acute pain, unless very soon discharged—the prisoner was apparently quite sober—she gave satisfactory answers to all the questions put to her—Mr. Yard and two assistants were in the shop—we told her it was poison—she paid 1d. for it.
Cross-examined. Q. Had she bought sugar of lead of you before? A. I believe she has, but cannot take my oath of it.
after four o'clock—she appeared to be intoxicated—she certainly must have been drinking—there are wine-vaults where she was in the habit of going, close to Mr. Yard's shop—she was in the habit of drinking—I have every reason to believe that she did this from the effects of liquor—she has a good many friends in the neighbourhood, and can get drink without any money.
Prisoner. I did not know anything of what I had done when I got sober; I frequently use that stuff.
—I am the prisoner's mother. She has had a bad leg for some time, and has been very ill-used by her intended sister-in-law, who bit her finger off—it is through her treatment she has done this—I will take care of her.
GUILTY . Aged 25.— Confined One Month.
MR. LAW conducted the Prosecution.
GUILTY .— Confined One year.
799. EDWARD BURKE, ELLEN BURKE, WILLIAM BURKE , and JAMES KELLY were indicted for assaulting James France: and William France;also assaulting Thomas Elson, George Lock, and George Collins, peace-officers, in the execution of their duty.
MR. LAW conducted the Prosecution.
JAMES FRANCE . I keep the Castle tavern, in the Holloway-road. I have known the prisoner Edward Burke twelve months—he used to work in the neighbourhood—on Saturday night, the 13th of Feb., about half-past ten o'clock, he came to my house—he had come on three previous Saturday nights, kicking up a row—his brother William followed him, and another man whose face I did not see—they had not been in two minutes before a row commenced—I went into the tap-room and said, "Now, Burke, you are come to kick up a row to disturb me and my customers"—he was standing up to fight some man—I immediately put out the gas light—he ran out of the bar, looked at the clock, and said, "Now, you b—old b—, it is half-past ten, you have put out your gas, that is done because I am here"—I said, "Yes, you have come the last four or five Saturday nights to kick up a disturbance, and made me shut up my house"—he turned round and came into the tap-room—I had kept the tap-room door open, and stood with my hand to prevent his going in, and said, "You shall not go into my house to-night, I will lose my life first"—he immediately took off his cap, put it n my face, knocked one of my teeth out, and loosened some others—I did not know what to do—two persons came behind me, and thrust me away—one said, "Get out of the way, landlord, he will hurt you; I will take my brother out" I got out of the way—William pretended to put him out, but he kept him in instead—he kept saying to his brother, "Give me room"—he butted me and butted my son—with the assistance of my son we got them all out, locked the door, and bolted it—he turned round—I ran to the door—they broke the lock off the side door—some people outside said, "What are you breaking the man's door open for?"—he said, "I will murder every b—b—in the house"—they got partly into the house—we pushed them out—they got in at the door again, and Edward struck right and left at everybody—the others were aiding him—he struck my son and me—I said, "Good God, cannot you find a policeman?"—my man said, "There are two outside"—they
came in—Burke said, "You be—, call in two policemen, why I will murder three"—as soon as I called for the police he said to his brother, "Take your neckcloth off," which he did, I suppose, to prevent anybody catching hold of him—the policemen came in—it took ten or twelve people to put them out—they all tumbled out together—we shut the doors, and got rid of them—one of my sons was hurt, and was confined to his bed next day—the prisoner Edward dislocated my finger—I saw William the second time when they came to the door, but did not see Kelly to identify him, but have no doubt it was him, because his dress is the same—William took hold of me, and prevented my using my arms—he prevented my pushing Edward out.
Cross-examined by MR. THOMPSON. Q. There were two people in the tap-room, I believe? A. Yes, he was standing in a fighting position, but not fighting—I put the light out because I knew the character of the men—I spoke to him before I put the light out—there were no glasses on the table—there might be a dozen pots—there were only two blows struck—I could see that, and after the gas was put out, the light in the bar was burning, and I could see all over the tap-room, to distinguish the faces of people—I cannot say whether my depositions contain all I have stated to-day—I did not hear anything read over to me but what was the truth—I do not know that anything was left out—they contain the substance of what I have stated to-day—Edward remained in the house about five minutes after I put out the light, but not in the tap-room—he rushed by me to look t the clock, and did not return to the tap-room after that—I did not see him outside after I had closed the doors—I heard him—he ran against the door—I know it was him, because I heard his voice, and I peeped through a glass window, and saw him rushing at the door—I saw him make an attack on my outer door—on one occasion he fell backwards, and I hoped he had killed himself.
Cross-examined by MR. BRIERLY. What was the size of the tap-room? A. It will hold, I suppose, thirty people—I suppose there were thirty people there when I put the light out—my man held the door open—the light from the bar then shines into the tap-room—it is exactly opposite—it is a large door—William and Edward have both frequented my house this twelvemonth—I have heard that there are several of them in family, but I only know these two, and a very bad family they are—I did not see William at the Police-office when the charge was first made against Edward—he was not there on the second occasion—he was there afterwards—I went to identify him—they had got his brother—I said, "Yes, this is the man who was there," that was William—they did not bring any more of the family—he was kept in custody—I believe he was taken up because Edward said at the first examination it was his brother Michael and him went into the tap-room—I did not know Michael; I only knew these two—if there is another I have scarcely seen him—I thought William was trying to get his brother away, and that he was doing it to do me service, as his brother had threatened my life several times, but I soon found that he was not—I made way for him to get hold of him—my tooth was dropping out, and I was out of breath—he did not protect my son.
CHARLES FRANCE . I am the prosecutor's son, and live at his house. On Saturday night, the 13th of Feb., about half-past ten o'clock, I was going up stairs, and heard a noise—I came down stairs into the tap-room—my father was there—the gas was out—there was a great noise, and persons abusing, different voices—I went into the bar—my brother ran out of the bar—I saw Edward Burke push by my father, to the door of the tap-room, and look at the clock—my father put his arms across the tap-room door, to prevent his going back—he said he would have the b—gas alight again—he immediately
butted at my father with his head, and struck him in the face violently—my brother, who was outside him, pulled him in backward—he attacked my brother—we succeeded in getting him out—he continued kicking at the door violently—my father sent me for a policeman—just as I was going out at the side door, my father opened the door for a customer, and they rushed in again—my father laid hold of him—he made two or three attempts to butt at him again—he continued struggling, butting, and swearing till my father heard the police outside—my father called, "Murder! police!"—the police came, collared him, and managed, with assistance, to get him outside, and then he said he would go home—he would not go with them, and wanted to know the charge—I saw Kelly immediately I get outside the door—he swore at me, and the wanted to know who had got the b—l—y charge—Burke went on first a little time in care of the policeman—he then began to get restive, and the policeman sprung his rattle—Kelly was abusing me at the time—they got Burke on further—another policeman came up—Kelly was very violent, doing all he could to obstruct policemen, pushing them about—I afterwards saw him put his hand up, and say to one of them, "It will be the worse for you"—I saw him leaning on the policemen's shoulder—I saw Ellen Burke put her arms round the policeman's waist, trying to pull him away from the prisoner—the first time I saw her was some distance from the house.
COURT. Q. What did Kelly do? A. He pulled the policeman, apparently, by the shoulder—I saw him lift his hand up to one policeman, saying, "It will be the worse for you"—I did not see him strike him.
Cross-examined by MR. THOMPSON. Q. Do you know how many people were in the tap-room? A. I do not know—there appeared about a dozen—the gas was out when I went there, but you could distinguish the faces of everybody there—the gas-light was directly opposite the door—I could not distinguish person's face perhaps, in the dark part of the room—there was sufficient light to see all about the room distinctly, and I believe there was a fire in the room—when the prisoners were got out of the tap-room to the bar, some person followed to see the disturbance—two men more particularly—I thing one or two ran up stairs to get out of the way—we did not turn everybody out when we closed the doors—both doors were closed, but not bolted—they were both bolted at last—the people remained in the room after we got him out—when we got into the street the crowd increased—there were a great many people round about, but they kept away—they pushed the policemen about—Kelly and another man pushed them, but no one else that I saw—I walked by the side of the policemen—the crowd was behind me partly.
JURY. Q. Was there a fire in the tap-room? A. I believe there was.
Cross-examined by MR. BALDWIN. Q. Do you know William Burke? A. I cannot swear to him.
WILLIAM FRANCE . I am a son of the prosecutor, and live at his house. On Saturday evening, the 13th of Feb., I was assisting him to get Burke Out—as soon as he butted my father over the nose, and knocked him backwards, he rushed at me, and said he would give the b—something—he shook me so violently I was afraid he would injure me, besides beating me on the nose—I was confined to my bed the greater part of the next day—I cannot swear to the other prisoners, but believe Kelly was one of them—I saw two men assisting Edward Burke—there was a fire in the tap-room that night.
Cross-examined by MR. THOMPSON. Q. Do you know Michael Burke? A. I cannot say that I do—I do not swear to Kelly, but two persons came in with Edwards.
GEORGE LOCK (police-constable N 196.) I was on duty near the castle, heard a cry of "police!" from the tavern, went and saw the prisoner Edward scuffing with another person at the bar—I saw Mr. France bleeding from the mouth—I took Edward into custody, and with assistance got him outside—when we got a short distance he threw me on my back—I got up—he struck me on the head with his first—I sprung my rattle for assistance—Elson came—Edward collared him, threw him down, and kicked him three times in the privates—on the way to the station I saw Kelly and another, who I cannot swear to—Kelly laid hold of my arm and tried to rescue Edward Burke—Ellen Burke laid hold of me round the waist—they both would have succeeded in getting Edward away from me, but more assistance came up—she slapped my face several time.
Cross-examined by MR. THOMPSON. Q. How many times were you before the Magistrate about this? A. On Monday and Tuesday—there was also a hearing on the following Saturday—I stated then that I had seen Kelly—I did not state anything on the Monday about his taking hold of my arm, as he was not them in custody—I did not apprehend him—I identified him on Tuesday before the Magistrate—I confined my evidence on the Monday to Edward and Ellen Burke.
Cross-examined by MR. BRIERLY. Q. Was William Burke before the Magistrate on the first occasion? A. Tuesday was the first time I saw him—I cannot say whether any charge was made against him, but am sure he was before the Magistrate—I saw him at the bar—I do not know when he was taken—I do not recollect the first day he was put to the bar, but am positive he was put to the bar, and I think I am positive of the day—I saw another person—I cannot swear it was William.
MR. LAW. Q. At the first examination Edward and Ellen were in custody? A. Yes, but not Kelly—I identified him the first time he was in custody.
GEORGE COLLING (police-constable N 59.) On the night 13th of Feb. I was on duty in Liverpool-rood, and saw the prisoner Edward Burke in costody—I went up to him and said, "Now Burke, you must go quietly with me"—he said directly, "you b—you shall never take me"—he immediately knocked me down in the road, and kicked me twice while I was down—I got up, and with assistance got him further up the road—while getting him along Kelly came behind me, got me round the road the waist, and tried to pull him away, and said, "There is no charge against him, let him go"—Ellen Burke hit Kelly on the shoulder and said, "You are no man to see your mate taken"—She threw off her clock and struck me several time, and bit my finger while I was holding Edward by the collar.
Cross-examined by MR. THOMPSON. Q. Did you take Kelly in charge? A. Yes, on the Tuesday morning—assault committed on me was in the Liverpool-rood—there was not a great crowd—there was only the three prisoners and another man—it was about a quarter of a mile from the tavern, and was about a quarter after eleven o'clock—I mentioned Kelly at the first examination, but not by that name—I formerly knew him by the name of Burke, and when given in charge he gave the name of Kelly—I had met the prisoners in custody about 200 yard from the house.
THOMAS ELSON (police-constable N 291.) On the night of the 13th of Feb. I was on duty in Liverpool-road, heard a rattle springing, and went and found the prisoner Edward in the custody of two policemen—he was very violent—I assisted in bringing him along—I saw the prisoner James Kelly there—I do not know whether he goes by the name of Michael or
John—he shoved his first in my brother constable's face, and said, "Let Burke go, there is no charge against him"—Edward kicked my heels up twice, and immediately kicked me three times in the groin, and said, "You b—b—r, before I will be taken I will kick your b—guts out"—he kicked me violently—I have been in the hospital, and must go back when this case is over—I feel the kicks very much indeed in the groin and lower parts of my belly, I was senseless—at the time Kelly said what I have mentioned he laid his hands on Lock and said, "There is no charge against Burke,"
Cross-examined by MR. THOMPSON. Q. This was in the street? A. In the Liverpool-road—Kelly I understand goes by the name of Michael Burke—I know Michael Burke, and am sorry to say he is not here—besides the prisoners, there were two or three other following us, trying to get the prisoner away.
Cross-examined by MR. BRIERLY. Q. Did you see Michael Burke there on this occasion? A. Yes, trying to rescue the prisoner—it was before I was kicked—I saw Michael Burke and Kelly, but cannot swear William Burke was there—Michael is at large—I am suffering a great deal of pain now.
THOMAS WEEDON COOK . I am surgeon at the Free Hospital, Gray's-inn-road. On Saturday night, the 13th Feb., Elson was brought there—I found he had considerable tenderness on the lower part of the belly, on the right side, with a swelling of the intestines and considerable pain, and also a pain in his back—he was much injured—he is now an out-patient of the hospital, in order to come down here—he is not under treatment now, because it is impossible to treat him while he is here—he is going back to be treaded—I think he will be in a fortnight—the injuries may have arisen from kicks.
Cross-examined by MR. THOMPSON. Q. In the state of his general system, would the kicks take effect more than on a man of a stronger habit of body? A. I consider him tolerably strong—if he was not a strong hearty man he would have suffered much more—his health appeared to be good, except from the injuries.
COURT. Q. Was there any indication of a slight kick? A. There was no bruise, but there would not be in those parts
JAMES FRANCE re-examined. William Burke struck me behind, as I was pushing his brother out—I stated that at the police-office—I do not believe he intended to do me any harm—he said, "Landlord, get out of the way," and made two or three punches at my side, and said, "I will take my brother out"—I was glad to get away—he was not seen in the row afterwards—he never annoyed me before—he was very peaceable—I knew he was there.
EDWARD BURKE— GUILTY . Aged 28.— Confined One Month.
ELLEN BURKE. Aged 35.— GUILTY of Assaulting Lock and Collins only.
Confined One Month.
JAMES KELLY. Aged 25.— GUILTY> of Assaulting Lock and Collins only.
Confined Three Months.
WILLIAM BURKE— NOT GUILTY .
MARTHA HATT . I am the wife of Charles Hatt, cowkeeper, of Brewer-street, Pimlico—the prisoner has been in the habit of receiving half-a-crown weekly for Mr. Watling—on 9th Jan. I heard him ask my husband for it for Mr. Watling—he said Mr. Watling had sent for it, and he was to have it—although it was not due, I paid him half-a-crown by my husband's directions.
Prisoner. I never received it; Mr. Hatt used to pay me every Saturday, but did not pay me on that day; he said his mistress would pay me, but she never did. Witness. I am sure I gave it him.
he received the half-crown, or the day after—I never authorised him to apply for it—he never paid me—he was received it for me occasionally—I did not send him on the 9th Jan.—he paid me nothing on that day, or afterwards.
Prisoner's Defence. I went for my wages—after he said he should not want me any more I said I should expect a week's wages, and 10s. which he owed me; he said I might get that how I could; I took out a summons, and two people said he would have me locked up if I appeared; I went, but he did not appear; I issued another summons; he then said he should give me in charge.
MR. WATLINO re-examined. I think he left me on Saturday, the 9th—I had a dispute about wages with him—there was a dispute—when he came into my service he slept in my room with three or four lads—I found out that he was not clean, and was obliged to discharge him—I told him to get a lodging elsewhere, and he did so—the dispute was about 10s.=I should have given him in charge directly, but he summoned me, and I thought that had better be heard first—I told the Magistrate I would rather pay the money than it should he said I gave him in charge to avoid the summons.
GUILTY . Aged 25.= Confined One Month.
NEW COURT.—Tuesday, March 9th, 1847.
PRESENT—WM. HUNTER, Esq.; Hughes HUGHES, Esq., Aldermen; and Edw. BULLOCK, Esq.
Before Edward Bullock, Esq.
GUILTY . Aged 32.— Confined Six Months.
JOHN JACOB LOWE . I live in Gray's-inn-lane, and keep a coffee-shop; the prisoner was in my service about four months. On Tuesday, the 9th of Feb., I delivered to him six sovereigns and one half-sovereign, to take to my baker, Mr. Gadsden, in Leather-lane, to pay my bill—he was to bring back 1s.—I sent him between five and six o'clock in the evening—he did not come back—I did not see him again till the policeman brought him back on the Sunday.
Cross-examined by MR. BALLANTINE. Q. Have you a good many men and women come to your house? A. We have, mostly working men; no girls who walk the streets come to my house—I do not know that the prisoner has formed any connection with a girl of that sort—I never heard so till Sunday—I never saw him in company with one—the prisoner told the policeman and his father, on Sunday, that he went with a girl the same night, and she stole the money.
SAMUEL SPECK (City police-constable, No. 119.) I took the prisoner into custody on Sunday, the 14th of Feb. in Barbican—I told him what it was for—he denied it—I said, "Your name is Ashlin"—he denied it—I said, "You are wanted for absconding with a sum of money from your master"—(I did not then know what the sum was)—he denied it—I said, "I shall satisfy myself"—in going to the station he told me I should have the other party, who stole the money from him, by to-morrow night—he said he should tell me who
the other party was—I searched him, and found 1d. on him—he afterwards made a statement at the station, and that he went with a girl to Fox's-court, who fleeced him of the money.
Cross-examined. Q. He did not use the term fleeced? A. He said she robbed him of the money—I have never been to Fox's-court—I do not know where it is—I am not in that district.
ELIZA MARY GADSDEN . I am the daughter of George Gadsden, who is a baker. The prisoner was in the habit of coming to our shop on errands from his master—he came on Tuesday, the 9th of Feb., between five and six o'clock—he had a basket with him—he said he should want 1s. worth of small bread, and should be back presently—he left the basket, and did not come back—he paid me no money.
Cross-examined. Q. Did you see any one join him when he went out? A. No.
MR. BALLANTINE called
JOHN ARCHER (police-sergeant G 8.) I have been in the neighbourhood seventeen years—I know this coffee-shop—the prosecutor has made it much more respectable than it used to be—people of the kind mentioned do come into the shop; it is not possible to keep them out—errand boys are often enticed into Fox's-court, and robbed of everything—I do not think this boy's story improbable.
GUILTY . Aged 19.— Confined Twelve Months.
JOHN MOORE . I am a boot and shoemaker, in Clerkenwell, and have another shop in St. John-street, of which the prisoner had the care, as shopman—it was his duty to receive money on my account—I marked some money, and gave it to Miss Vice, and to my foreman, Mr. Cornhill, to purchase some shoes—these two shillings, and two sixpences, are part of the money I marked—when the prisoner received money it was his duty to enter it in his day's paper, every day as he sold the articles, and account to me the last thing at night, and pay me the money, or account for its not being paid—I have a list of the goods sold by the prisoner—he gave me this list on Saturday, the 13th of Feb.; it is his writing—he has to account every day—he accounts in it for a pair of child's shoe, 1s. 6d.; a pair of boots, 4s.; and another pair of boots, 3s. 6d.—I produce some boots and shoes which were at the shop which the prisoner was at, in St. John-street—I know what day they were sold by the entry made in this paper, and by the size—there is a private mark on the shoes, and on one pair of boots—these other boots have no private mark—I can tell by the marks what the price ought to have been—these child's shoes ought to have been 2s.—he has put them down at 1s. 6d—these cloth boots, 5s. 6d., he has booked them at 4s.; and these velvet boots, 4s. 6d., he has booked at 3s. 6d.
Cross-examined by MR. BALLANTINE. Q. Let me look at the paper; have you marked the three articles? A. Yes, I have marked them in red—the prisoner had not to fix the prices of the goods—he had no discretion on that subject—he was not to lose money if he could take it—he might take less than the price—he was not authorized to take 1s. 6d. for these child's shoes—that was not a sum that would have been remunerative—if I had known he sold them at the price he has put down I should have said, "These profits are small."
a pair of child's shoes—these that are produced are them—I paid the prisoner 2s. for them—Mr. Moore gave me the money.
ELLEN KELSEY . I am servant to Miss Vice—she gave me 5s. 6d.—I went to Mr. Moore's shop in St. John-street, and bought a pair of boots with the money—I paid 5s. 6d. to the prisoner for them—I paid the money I had received from Miss Vice.
EMMA CORNHILL . I am the wife of William Cornhill. On Saturday, the 13th, I went to the prosecutor's shop, and purchased a pair of velvet boots, and paid 4s. 6d. for them, to the prisoner—it was four shillings and one sixpence—my husband gave me the money.
WILLIAM HENRY MARTIN (police-constable G 144.) I took the prisoner into custody—I produce these two shillings and two sixpences—they dropped out of his pocket in the station-house as he was being searched—he said, "Let my wife know; I know I have done wrong."
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor. — Confined Two Months.
WILLIAM BETCHLEY . I am assistant to Mr. John Hackman Brown, draper, of No. 23, High-street, Aldgate. On Thursday afternoon, the 25th of Feb., the prisoners came into our shop together—I am sure it was these two—Campbell asked to look at some bonnet ribbon—I showed her some—I put the ribbon on the counter—it was in rolls, in boxes—Neighbour was by Campbell's side—they purchased two yards of ribbon, at 6 3/4 d. a yard, which they paid for—before I finished serving them, I left them for about two minutes to go to another part of the shop, to take change from another young man—I saw the prisoners leave the shop, and as soon as they were gone I received information from another person—I went after the prisoners and overtook them in Petticoat-lane—I asked them if them would step back with me to the shop—I touched them both, and felt two pieces of ribbon in Campbell's bosom—they turned and went back part of the way with me—as they went, I observed Campbell take the pieces of ribbon from her bosom, and hand them to the other—I know the pieces of ribbon produced—they are the property of my employer, and they were in the boxes—Neighbour took this piece of ribbon and threw it into a poulterer's shop—I still kept walking close by the side of the prisoners—I then saw Neighbour chuck this other piece of ribbon into a cellar—I then caught hold of her, and she dropped this other piece of ribbon—I picked it up—I let the prisoners go while I went and got the three pieces of ribbon—I✗ afterwards gave the ribbon to the policeman.
Cross-examined by MR. PAYNE. Q. Did you know the prisoners before? A. No—I had not seen them that I am aware of—I do not know what they were—I let them go and went back to seek for the two pieces of ribbon—I did not know where the prisoners were gone—I will swear I did not give them these pieces of ribbon—I will swear I did not leave them there with the intention that they should take them—the lady who spoke to me is not here—I have been with Mr. Brown since November, and I lived with him in the country a year and a half—I had to go back some distance to pick up the ribbons—I could not pick them up directly, as she threw one into a poulterer's shop, and the other down a cellar—she dropped one, and I picked that up—there was a crowed there—the piece she threw into the cellar was worth about 9✗s.✗ and the one into the shop about 13s.
Cross-examined by MR. BRIERLY. Q. Are you quite certain you saw Campbell pass anything at all? A. I am, Sir—I could see what it was—after parting with the prisoners, and picking up the ribbon, I saw them at the station-house in about twenty minutes.
THOMAS CUCKS . I am a carpenter, and live in Gun-street, Spitalfields. At half-past four o'clock in the afternoon, on the 25th of Feb., I was in Petticoat-lane—I saw the witness Betchley and the two prisoners—he had hold of Neighbour's arm—I saw this piece of ribbon drop from Neighbour's person—Betchley stooped to pick it up—Campbell laid hold of Neighbour's arm, and the two of them struggled, and got away from Betchley—they took the first turning down a court, which had no thoroughfare—they returned, crossed Petticoat-lane, and through the new market—I saw them for about ten minutes, when I me a police-constable, and gave them into custody.
Cross-examined by MR. PAYNE. Q. Who asked you to interfere? A. No one at all—I was passing up there to my won house from Whitechapel—I saw Betchley pick up the ribbon—he was compelled to let Neighbour go through Campbell taking hold of her arm—I did not say before the Magistrate, "The young man picked up the ribbon, and let Neighbour go"—I had not been working for any one that day—I had worked on the Wednesday previous for Mr. Holland, in Vine-street—I had worked for him the last two months—I worked one month in Covent-garden Theatre, and one month in Bond-street—probably I might have told the Magistrate that Betchley let Neighbour go.
CHARLES KNACKSTON (police-constable H 209.) The witness Cocks gave me the prisoners in charge, and I took them to the station—they said they had no ribbon, they had none but this piece, which they had bought—I went to Mr. Browne's shop, and got these three pieces of ribbon from the shopman.
JOSEPH JAMES COLE (City police-constable, No. 564.) I produce a certificate of Campbell's former conviction at this Court—(read—Convicted 2nd Feb., 1846, and confined two months)—I was present—she is the person.
CAMPBELL— GUILTY . Aged 21.— Transported for Seven Years.
NEIGHBOUR— GUILTY . Aged 21.— Confined Six Months.
JONES* pleaded GUILTY . Aged 17.— Confined Six Months.
EDWARD BROOKS . I am carman, and live at North-end, Fulham—this coat is mine—I know it well. On the morning of the 22nd of Feb., between seven and eight o'clock, I was loading my cart at Kensington-crescnet—I threw my coat on the horses' loins—I saw the two prisoners in a mews about thirty yards from the cart—soon afterwards Jones ran away from my horse—he appeared to have something rolled up before him—I could not see what it was—a person called to me, and I missed the coat—I went after the prisoners and found them in front of Kensington-crescent—my coat was thrown into an area, a few doors from where I took them.
Burr. Q. Did you see me with the coat? A. No, nor nearer the cart than thirty yards.
JOHN SMITH . I looked through my master's window, which looks into the mews—I saw the prosecutor loading his cart—I saw the prisoner Jones run up to the horse, take the coat off, double it up, and run away—I did not see Burr for about live minutes after.
ther—I saw Jones throw the coat over into an area—the prosecutor came and took the prisoners into custody.
BURR— NOT GUILTY .
ROBERT MITTEL (police-constable V 181.) I was on duty in Church-street, Chelsea, between seven and eight o'clock on the 15th of Feb., and saw the prisoners together—one had a spade, and the other a shovel—I went across and asked if they belonged to them—Ediker said no, to their father—he hold me where he lived, which was quite right—I took him to his father—his father said in his presence that they had not been to work for him, that the spade and shovel did not belong to him, and that he knew nothing of them at all—I took the prisoners to the station.
THOMAS SHERMAN . I am a gardener, and work for Mr. Francis Godrich, of Little Chelsea—I know this spade and shovel well—they are Mr. Godrich's—I locked them up in the tool-house on the 15th of Feb., when I left to go to Battersea—when I came to work the next morning, two panels were broken out of the tool-house, and the spade and shovel were gone.
Ediker's Defence. An elderly man asked us to carry these to the Green Man, and said he would gives us some halfpence; we waited, and he did not come
DANIEL M'Leod (police-sergeant B 18.) I produce a certificate of the prisoner Gregory' former conviction at Clerkenwell—read—(Convicted 17th March, 1846, and confined six months)—I was present—he is the person.
EDIKER(†)— GUILTY . Aged 16.— Confined Six Months.
GREGORY— GUILTY . Aged 16.— Confined Twelve Months.
GUILTY , and received a good character.— Confined Three Months.
808. JOHN GLYNN and WILLIAM THOMPSON were indicted for stealing 1 half-crown, 2 shillings, and 3 sixpences, the monies of Robert Attrill; and that Thompson had been twice before convicted of felony; to which
THOMPSON pleaded GUILTY . Aged 16.— Transported for Seven Years.
ROBERT ATTRILL . I am a chemist and druggist, and live in Chapel-street, Westminster. On the night of the 28th Feb. I was in my parlour adjoining my shop—a person who wa with me got up and looked through a window into the shop—he told me something, and we both went into the shop—I saw a boy go out of the shop without a cap—my friend ran after him—I saw Glynn immediately afterwards and proceeded after him—I ran up a court and saw the two prisoners together—I saw Glynn giving Thompson a cap from under his cap, the policeman came up at the same time—I asked Thompson what business he had in my shop—(I did not know that he was the person who was in the shop, but the boy in the shop had no cap on, and I saw Glynn give Thompson a cap)—directly I said that, the policeman took
Thompson into custody, and he asked if Glynn was with him—I said yes—Glynn then ran off—the policeman took him, and brought them both back to my shop—I examined my till, and could swear there was 5s. gone—I knew there was a half-crown, which was missing when I returned—I could not swear to any other money, only a sixpence—I could not miss any copper—I had seen the till safe not five minutes before I went into the back room—the policeman has a sixpence which I know from its being very thin and bent, and it has a mark on it—I noticed it when the person offered it to me—that had been in the till—I can swear to Thompson, he had been in my shop that morning, and I caught him with his hand in the desk at the end of the counter.
Glynn. Q. Did you see me give this boy a cap? I never saw him before in my life. A. Yes, I saw you give him the cap.
WILLIAM BUTLER (police-sergeant B 3.) About eleven o'clock on the night of 28th Feb. I saw the two prisoners—Mr. Attrill said one of them had been in his shop—I took them both to Mr. Attrill's—I searched Thompson—I saw another officer search Glynn, a three-penny piece, and 3d. in halfpence, were found on him.
Glynn's Defense. I was running home; the gentleman shoved me down, and gave me in charge of the policeman; he said I had been with Thompson, and I never saw him in my life.
GLYNN— GUILTY . Aged 19.— Confined Six Months.
HENRY WALKER . I am in partnership with my father and brother—we live in little Sutton-street, Clerkenwell, they are engineers—one of them is named Charles Walker—the prisoner had been in our service a little more than eighteen months—these steel plugs and taps are our property—here is some of my own work in them, and my brother's as well, and the name is on them.
Cross-examined by MR. PAYNE. Q. Shew me anything of your own work? A. I turned the whole of this one—it might be a year ago—I made such a great number of them—this was found at the pawnbroker's—I know these were not sold, because they are soft—we never send out soft work—these were kept on the premises ready to be hardened—all these could not have been taken at one time—I cannot say when I saw any of them last—I saw several of them last year—I missed this one about six months ago—I know I saw it twelve months ago—I cannot exactly say how long I have been a partner—I can venture to say some of these things were taken from our premises since I have been a partner—this tap was—I saw this at the time I saw this other—I cannot swear that I saw it so lately as six months ago—I became a partner some time last year—I cannot say when—I am not twenty-one years old—I have not signed any deed of partnership—I am not paid weekly wages.
Q. What are you paid? A. I cannot answer that question—I cannot tell—I do not know—I became a partner about May last—my father took me into partnership—the name was altered last year—I was twenty years old last May—I live at my father's house—I am liable to any of the losses of the business—my father made me liable—my brother Matthew is not here—he is between twenty-two and twenty-three—my father's name is Charles—my two brothers became partners at the same time I did—I cannot relate what was said when I became a partner—it was a private affair—it was not in conesquence of any difficulties whatever—I shall not let any one know how I am
paid—I came here to identify the property—I shall not let out how I am paid—it is a secret—I would rather stand down.
Q. Upon the solemn oath you have taken to declare the whole truth, how are you paid for the work you do for your father? answer before God and man? A. I will not say.
COURT. Q. Are you paid at all? A. I am—I have a share in the profits and losses.
MR. PAYNE. Q. When did you share any loss? A. I cannot say when we had a loss—I cannot answer whether since May there has been a partnership account settled in any way whatever—my father took me as a partner—I cannot say what he said, I do not choose to tell.
COURT. Q. It is of importance that we should know that there is a partnership, and which of these things you lost during the partnership—is there anything here that you can tell us was lost since you became a partner? A. Yes, this lot has—I will swear these have been lost since I was a partner, and my two brothers became partners at the same time with me.
MR. PAYNE. Q. On your oath, were not these pawned on 7th Jan., 1846, which you swear were on the premises since you became a partner? A. I do not know what to say to it at all.
DEAN KING . I am shopman to Mr. Hayes, a pawnbroker—I have sixteen taps pawned at different times since May last—they were pawned up to Dec.—the last appears to be two taps pawned for 2s. on the 5th Dec.—I can answer to who pawned some of them—they are not all my taking in—those on the 5th of Dec. were pawned by a woman in the name of Higgins—I sold a great many to William Thomas Walker—those were pawned more than a year ago.
WILLIAM THOMAS WALKER . I am a younger brother of Henry Walker—I am considered a partner, but I never made any agreement to that purpose—I am eighteen years old—I do not know of any agreement—I bought twenty taps at Mr. Hayes'—I know the greater portion of these articles as being the property of the firm, but I cannot say when—I can say these have been our property within the last eighteen months—these are the articles pawned on the 5th Dec.—I know them—they are the property of Charles Walker, my father—I cannot say that I know of any agreement of partnership with me—I was not present so as to know of any partnership with the other three—I Do not know of any agreement—this article, which was pawned on the 5th Dec., was on the premises six months ago.
Cross-examined. Q. How do you know this that you venture to swear to? A. I have seen this in the window six months ago—I know it by the workmanship, the same as I should know my own coat—it is my father's property—I have had this in my hand a dozen times, and more than that—I have heard that the prisoner had a lathe, and used to make things himself—I never heard of his making taps.
COURT. Q. Are there not engineers and other person who make these taps, besides your father? A. They do make them.
JOHN ARCHER (police-sergeant G 8.) I took the prisoner into custody—I told him he was charged with stealing a quantity of taps, the property of his master—white I had him in custody a woman came—she called him her husband, and he called her his wife—the pawnbroker saw the women, and he said, "That is the woman who pawned the things at our place'—the prisoner said, "What she has done I have ordered her to do"—he said he was innocent.
NOT GUILTY .
PRISCILLA KING . I am the wife of William King, a stationer in Rochester-row. About eight o'clock at night, on the 17th Feb., I was washing a little boy in a room near the shop—I saw the head of some boy in the shop, and I saw a hand that went towards the shelf—I hallooed out, and the person said, "A halfpenny worth of tobacco"—he did not stop for that, but ran away—I am quite sure it was the prisoner—I had not know him before, but I saw his face—I ran out directly, and missed a box of sealing-wax and wafers, which I had seen about three minutes before—I looked out and saw the prisoner and two more boys with him—they all ran away—I ran, and a man caught the prisoner—I have not seen the box and sealing-wax since.
Prisoner. I went into the shop, and asked for a halfpenny cigar; she was washing a baby in the kitchen; she came out, and asked what I wanted; I said a halfpenny cigar; she said they could not make one; I went out and told a boy they did not make halfpenny cigars; when I went out she ran after me; I said what did she want with me; she said, "Never mind."
JOHN PORTSMOUTH (police-constable B 173.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted 12th Jan., 1847, and confined one month, and whipped)—the prisoner is the boy.
GUILTY . Aged 11.— Confined Three Months.
Before Edward Bullock, Esq.
FRANCES PHILLIPS . I am a widow, and live at the Plough and Harrow, Leytonstone. On Sunday morning, 14th Feb., the prisoner was living at my house—I lost some money from the bar—I took the prisoner up stairs, and charged her with it—she denied it—I wished her to turn her pocket out—she said she did not wear one—I wished her to undress—she put her hand under her left arm, and took out a purse, containing 1l. 16s., "That is your money, ma'am, I hope you will forgive me"—I had counted my money the night before in the cash-box in the bar, and next morning, about eleven o'clock, I went to it, and missed 10s.—I sent for a constable, and gave her in charge.
Cross-examined by MR. PAYNE. Q. Had you said you would forgive her, or it would be better for her, before she produced the purse? A. No—she had been three weeks with me—my daughter-in-law was present when she produced the money—she is not here—after she produced it, the prisoner put her hands up, and said, "Oh, my poor mother"—I said, "Oh, my poor pocket"—I believe the prisoner is the victim of a bad connection—I know the persons well—there is a man I suspect—the prisoner seemed very much distressed—I had not marked the money—the purse is not mine—I was constantly losing money.
(Catherine Brotherton, of Lant-street, Southwark, and Susan Cooper, of No. 13, New-street, Cloth-fair, gave the prisoner a good character.
) GUILTY. Aged 20.—Strongly recommenced to mercy by the Jury and Prosecutrix.— Judgement respited.
Before Mr. Justice Coltman.
812. JOHN BURNS was indicted for a robbery on Thomas Evans, and putting him in fear, and stealing from his person 1 half-sovereign, 2 half-crowns, 3 shillings, 4 pence, and beating, and striking, and using other personal violence to him.
MR. PARNELL conducted the Prosecution.
THOMAS EVANS . I am a chimney-sweeper, and live at Leytonstone. On 13th Jan. I sold 60 bushes of soot, which came to 1l. 10s., to Mr. Bull, of Woodford—I loaded it in a cart—the prisoner assisted me—I was to give him 1s.—Bull's paid me about three o'clock—he gave me a sovereign and a half—I went from Bull's to the Castle, kept by Mr. Green, about ten minutes' walk from Woodford, and changed a sovereign to pay the prisoner—Green gave me a half-sovereign and silver—I afterwards changed the half-sovereign to pay what little debts I owed, but I still had half a sovereign—I paid away 3s., and gave the prisoner and Bull's man, who had helped me to load the soot, 3s. for drink—that made 6s.—I paid away the rest at Mr. Fuller's shop, just by the Castle, except half a sovereign, two half-crowns, 3s. and fourpenny worth of halfpence—the prisoner was in the tap-room when I got the change—he went out with me after I paid Bull's man—he followed me out, and asked me for some money—when I first went into the public-house I paid him his shilling, and gave him some drink—when we came out, he said, "I ought to have more money"—I said I could not afford to give him more—he said, "I am d—d if I don't have more," and knocked me down with his fist—I fell to the ground, and was insensible for a minute or two—he struck me in the eye—my eye was cut open—it was all in a gore of blood—this was not above 100 yards from the Castle—it was about four o'clock, or a quarter after—I had my money in my jacket-pocket outside, and had a smock-frock over that—when I came to myself, the prisoner was gone, and every farthing of my money—my wife gave information to the police.
COURT. Q. Had you had any liquor? A. I drank out of two quarts of beer, but no more—I was no more intoxicated then I am now—the money was wrapped up in a piece of paper in my jacket-pocket—Mr. Green wrapped it up for me when he gave me the change—I had been to a shop and paid some money, but wrapped the rest up in the same paper—I wrapped it up safe not more than five minutes before I went away.
Prisoner. Q. Did not you tell me to come to the Castle, and you would pay me 1s.? A. No—I told you to come to my house between five and six o'clock in the evening, and I would pay you.
ROBERT GREEN . I am a victualler, and keep the Castle, at Woodford. On 13th Jan., about four o'clock, Evans came to my house—the prisoner was there—I gave Evans change for a sovereign, half-a-sovereign, and 10s. in silver, I do not recollect what—in about half an hour I changed half-a-sovereign for a pot of porter—I did not wrap it up for him—I did not notice when he went out of the house.
JOSEPH HEMMINGS . I keep a beer-shop at Woodford. On 13th Jan., about six o'clock in the evening, the prisoner came to my house—there were three more there who came with him, or soon after—they had something to drink, which the prisoner paid for with 2 half-crowns and 2s.—the first payment was half-a-crown—the shillings may have been change out of that half-crown—the second payment was 2s., and third, another half-crown.
Prisoner. Did you give me the drink the first time? A. No—my wife
did—she changed the half-crown; I only know what she says—I did not see whether it was a half-crown or shilling—I am sure I received 2s. and 1 half-crown from you.
JAMES BURRELL . I keep a beer-shop at Leytonstone. On 13th Jan., about nine o'clock in the evening, the prisoner came to my house, and had a pot of beer—he gave me 1s.—I gave him 6d. and 2d.—he called for another pot, and gave me 6d.—I gave him 2d.—he had not been there long before he had a third pot, and gave me four penny pieces—he called for more, but I would not let him have it—he did not drink it all himself, he gave it to the people about—he wanted to toss with the men there for ale.
Prisoner. You never served me at all, your wife served me. Witness. I served you myself, and received the money.
JAMES CASBORN . I was at Burrell's house on Saturday night, a little before nine o'clock, and heard the prisoner offer to bet anybody 2s. that he would show half-a-sovereign before he left the room—I was there when the constable came.
Prisoner. He was not there at all. Witness. I lodge at the house.
RICHARD JACQUES (police-constable K 11.) On this Saturday night or Sunday morning, I took the prisoner to the lock-up-house from Bow station to Mile End—on the way there, he said he had been out of work for three weeks, with the exception of two days, and the reason he went to Woodford to get the shilling was, that he had no money to get grab or beer with—he said he had not a farthing in the world till he received that shilling.
Prisoner. I never made him an answer at all; he kept questioning me all the way to see what he could get out of me. Witness. I asked him no questions at all—he asked if he could have any grab—I said yes, if his friends brought it him.
THOMAS ADDINGTON (police-constable K 189.) I took the prisoner in charge at Burrell's house, and found on him 1s. in silver, and 6 1/2 d. in copper—he appeared to have been drinking, but was not drunk.
Prisoner's Defence. I helped Evans to load the soot; he told me to sweep round the shed, and told me when I had done that to come to him, and he would give me a shilling and some beer; I stopped and my dinner, and went to a public-house between three and four o'clock; he was tossing for gin and beer with three strange men; he said, "I suppose you have come for your shilling?" I said, "Not particularly that, I have a few shillings in my pocket;" I had 6s. 6d. he went to the bar, fetched a pot of beer, and gave me a shilling, and began tossing with the strange men for gin and beer, and began to throw out what loose soot he had in his pocket about the tap-room, and shoved the man over to me, and said to one of them, "I will pay you if you will fight this man;" I said, "You ought to be ashamed of yourself, Evans;" he began singing, and they began dancing; the landlord said he would not draw any more beer; he took the three men out with him, came in again, and began shoving them on me; I said, "Are you coming home?" he said, "No, I did not come with you, I can go home without you;" I went to Mr. Hemming's beer-shop with three or four more, and spent more money than I ought; I stopped there till about seven o'clock, came over to Burrell's, and was there till about nine o'clock, when Evans came in with the policeman and gave me in charge; as he did not know the men who had been drinking with him, and knew me, he swore I was the man; I have two witnesses who will swear I never went out of the tap-room.
Castle at Woodford—it was two or three o'clock in the afternoon, after I had done my day's work—the prisoner and Evans were there when I went in—there were four or five of them drinking together and jumping and skylarking about the tap-room—Evans was very much in liquor—he was offering people money to fight—at last he himself wished to fight—he offered to fight the prisoner—the prisoner got up, and Evans and he scuffled about the room with some more—there were four of five altogether—Evans dropped half-a-sovereign in the tap-room—it was picked up and given to him again—they then had some more beer, drank it, and got skylarking again—they all went out of the room together hustling and skylarking—I saw no more of it—I remained in the house—the prisoner never returned—I saw no more of him that night.
COURT. Q. How long did you stay after he was gone? A. An hour.
JAMES THOROUGHGOOD . On the 13th of Jan. I was at Mr. Green's public-house—I went there, as well as I can guess, about one or two o'clock—Evans and the prisoner came there together—I did not see the prisoner touch Evans' pockets—I saw Evans pull his right hand out of his pocket, and saw half-a-sovereign drop, which was picked up again and given to him,—I saw Evans go up to the bar and Behave himself in an dindecent manner—I saw the water running out of the bottom of his trowsers as he was standing there—he was very much intoxicated—I remained there till he and the prisoner went out—I did not follow them out, and did not see what passed afterwards—I remained there about half and hour—the prisoner did not return while I was waiting there.
Prisoner. Q. Did not Evans go out with three men who were drinking with him while I was sitting in the tap-room? A. I believe he did, before the prisoner went out—Evans did not come in again—the prisoner went out about five minutes after Evans.
Cross-examined by MR. PARNELL? Q. Where did you go when you went out? A. Into the stable—I may have been there an hour—I then went into the house again and stayed about twenty minutes, and then, about nine o'clock, went home to bed at Fuller's-row, Woodford, which is about half a mile from the Castle—I am a fly-driver and post-boy—I was last in the employ of Mr. Goldsmith—he carries on his business at the Castle—I have been in his employment about twelve months—on this occasion Mr. Green served in the bar—I came in after the prisoner and Evans, and suppose there were eight or nine people there—they staid a long time, drinking, singing, jumping about, and skylarking—Mr. Green was in the bar when the indecency took place—I did not hear him say anything—I do not know that he noticed it—Evans was not turned out for being such a beast—I did not remonstrate with him, or say anything to Mr. Green about it—Evans said nothing, but staid there an hour afterwards—it was as late as half-past one o'clock when I went to the house—I cannot positively say it was two o'clock—it might be—I am quite sure it was as late as one o'clock—I cannot fix the time—it might be three o'clock, but I cannot say it was later—I believe it was not so late.
SAMUEL YOUNG . I am a gardener. On the 13th of Jan. I was at Mr. Green's public-house—I am come to say that I know the prisoner had money in his possession on the Tuesday night before the robbery—I saw shillings in his hand, but cannot say how many—I might say as far as 5s. or 6s.—I was at his mother's house when he came in to tea—his mother asked him if he had some money—he said he had some of his own, which he was saving up, which he had earned from Mr. Wigram at his work—he took some shillings
in his hand and showed his mother, and said, "Look mother, see that I am not deceiving you"—he said he was saving it to buy some shirts.
Cross-examined by MR. PARNELL. Q. Who is Mr. Wigram? A. He lives at Forest-house, near Wanstead-flats—I do not know how long the prisoner worked for him, but he was regularly there, and his father also—he did not work there till the day he was taken—I cannot say how long before, because I did not see him every day—he worked at raking leaves—he had been at Mr. Wigram's more than four months—I have known him ever since he was a boy—I do not know what he earned a week—I do not know that he had come in from Mr. Wigram's on Tuesday night—it was seven o'clock in the evening when I saw him with the money—I do not know wheather that was his usual time to come form work at Mr. Wigram's—it would most likely be about the time—in that part of the country people are dismissed by a week's warning.
Q. If he was at work on Tuesday he would not be dismissed till the following Saturday? A. That I cannot say—if he was not a regular man k✗ would not know from day to day—the general rule is from week to week.
NOT GUILTY .
Before Edward Bullock, Esq.
EDWARD PHILIP HUMPHREYS . I live with my father, Jireh Humphreys, at Chingford, in Essex—I lost a saddle form a chaise-house on Monday, the 1st of Feb.—the last time I saw it there was on the Thursday before—the groom had seen it on the Saturday—I have seen it since—this is it—it is my property.
JESSE LAWRENCE (police-constable N 398.) I am stationed at Edmonton. In consequence of some information, I went to Hertford with Mr. Humphreys—I found this saddle there in Chamberlain's possession—he gave it up, and from what I heard there I apprehended the prisoner at his own house, at Edmonton—I told him what I took him for, and asked him how he accounted for the saddle—he said he should not tell me just then—he afterwards said he had bought it of Nolan—I went and took Nolan.
ISAAC CHAMBERLAIN . I live at Hertford. On Monday, the 1st of Feb., I saw the prisoner at my house—I had seen him about a fortnight or three weeks before—he came into my stable, and said, "Do you want a saddle?"—I said, "Yes"—he said, "I can buy one for you for a little money," and he came and brought this down.
WILLIAM ASHTON . I am servant to Mr. Humphreys. On Saturday, the 30th of Jan., I saw the saddle hanging in the chaise-house—I missed it on the Monday morning—before I missed it I saw Hodge and Nolan, and in about a quarter of an hour afterwards the prisoner came—that was on the Monday morning.
Prisoner's Defence. I had spoken to Nolan a fortnight before, that I wanted a saddle, and on the Saturday, when I came home, he said, "I have got what you wanted;" I went and looked at this saddle, and I said, "It is not what I wanted; it is too heavy for a pony;" he said, "It is not heavy;
I gave 5s. and a pot of beer for it; if you like to give me 6s. for it, you can have it;" I took the saddle, and took it by the railroad, and when I came back he asked for the money; I said the money by the railroad was 3s., and 6d. my lodging and my supper, and there was nothing for him.
(The prisoner received a good character.)
GUILTY . Aged 44.— Confined One Month.
GUILTY. Aged 17.— Judgment Respited.
JOHN CRIPPS (police-constable N 160.) I apprehended the prisoner on Saturday night, the 6th of Feb., in a garden in front of his own house, in Elder-walk, Islington—when I got him a little way from his own house I told him he was charged with stealing a watch at Plaistow, in Essex—he said he✗ found it, and pawned it.
EBENEZER HALLIDAY . I am a grazier, and live at Plaistow. On the morning of the 22nd of Dec. I had occasion to go to my water-closet, and placed my watch where I had been accustomed to do, and, anxious to get an omnibus, I hastened out, and left my watch in the water-closet—the prisoner was working on the premises at the time, for the landlord, who was carrying on repairs—my watch cost 6l. ten years ago, I believe—I missed it on my return—I have seen it since—(looking at it)—this is my watch, and seal and ring—this chain has been added to it—it had a black ribbon when I lost it.
Prisoner. On the 24th of Dec. I was employed in pointing a garden-wall down to the ground; on the side of the wall some grass was growing; I had to take it away, to keep the water from injuring the wall, and I turned this watch up with the grass; I put it into my pocket, and kept it seven days; it had stopped, and I gave it to a watch-maker to repair—I took it form him after it had been there eight days, and I pawned it on the 9th of Jan.; I employed my brother to see if he could find anybody belonging to the watch; he found the prosecutor, and he went and told him I was willing to redeem it; he came back and said the gentleman would prosecute me, as I did not let him have it before; I only pawned it on the Saturday, and on Monday I let the gentleman know; if I had known whose it was I would have given it up; I would sooner have had the money than the watch.
EBENEZER HALLIDAY re-examined. The part he refers to is in the highway—there is no possibility of grass growing there—George Mayhew, who told me of it, did it on the principle of revenge—I had offered a reward, and had a search amongst all the men—the prisoner was aware for two days of my anxiety to find it, and he made no reply—he was there when I returned and spoke of my loss—one of my own servants had been to the water-closet, and said some person must have been there after me—the water-closet was accessible to all.
Prisoner. I found it on the 24th✗; I had not heard anything at all about it. Witness. I spoke of it generally in his presence, and he said to my servant,
"Why don't you turn out your master's watch, that we may not be suspected"—the servant said, "You are more likely to be the thief."
Prisoner. On the Christmast-eve I went to receive my money; the presecutor was in the parlour; he never said anything about it then; I had it in my pocket, and I would have given it to him, if he had.
GUILTY . Aged 38.— Confined Six Months.
ROBERT BANKS HOUGHTON . I am a tailor, and live at sydenham. On the night of the 15th of February, I went into the Railway Tavern, New Cross, and saw the prisoner there—I came out and walked five or six yards on the main road, I then turned to make water—the prisoner came and took hold of my arm and asked me to go with her to Deptford—I said I wanted nothing to do with her, and pushed her on one side, she twisted herself forward, and put her hand into my right hand pocket—I said she had robbed me—she denied it—I seized her hand, and called a policeman—I had a purse in that pocket with two half-sovereigns and ten shillings and sixpence in silver when she came up—I called "Police," and heard the purse drop—the police came, and picked up the ring of the purse close to her feet—she was taken to the station—we returned to the spot, and found the purse, and two half-sovereigns, one half-crown, and three shillings and sixpence in it—I was sober.
Prisoner. I was not in your company at all; you went out and told me to follow you, and you went away with another female. Witness. I did not—I went in to have some beer—I did not ask you to go with me—I had nobody with me.
JOSEPH DIAMOND (policeman 54 R.) On the night of the 15th of February, about half-past eleven o'clock, I was on duty at New Cross—I heard an alarm, and found the prosecutor with the prisoner—there was nobody else there—he gave her in charge for robbing him of a purse, two half-sovereigns and ten shillings and sixpence—I found the ring of the purse at her feet—I took her to the station, then went back to the spot, and found the purse, two half sovereigns, a crown, and three shillings.
GUILTY . Aged 25.— Confined Six Months.
817. THOMAS KENNEDY and ALEXANDER DRISCOLL were indicted for stealing 1 pair of trowsers, value 1l., the goods of Joseph Smith; and 1 jacket, value 1l. 10s., the goods of Richard Kemp; and 1 pair of trowsers, value 1l. 3s., the goods of Charles Tickner; and 1 jacket, value 1l., the goods of John Jones; and 1 handkerchief, value 2s., the goods of David O'Hearn, in a vessel in the navigable river Thames.
JOSEPH SMITH . I am a seaman on board the frigate Amphine, which laid at Woolwich at the time in question. On the 11th of Feb., I missed a pair of trowsers out of my bag—I had seen them on the 9th—on the 13th, I saw Driscoll in custody at the police-office, at Greenwich, and the trowsers on his legs—the prisoner belonged to the vessel.
Cross-examined by MR. BALDWIN. Q. When did the Amphine come to Woolwich? A. I do not know—I joined her at Woolwich—I was on board four or five days.
CHARLES TICKNER . I am a seaman on board the Amphine. On Thursday morning I missed a pair of blue trowsers out of my bag—I had seen them safe on Monday evening—I found them at Greenwich police-office, on Saturday, when the prisoners were in custody.
Cross-examined. Q. Where was your bag kept? A. Under the messtable, in the hulk, which was alongside the Amphine—the other bags were on board the hulk—we have not separate berths—we sleep in hammocks.
JOHN JONES . I am a seaman, on board the Amphine. On 11th of Feb. I lost a short jacket out of my bag—I had seen it on Tuesday night, and found it in the Saturday following, at a pawnbroker's shop, in Rateliffhighway.
Cross-examined. Q. Were the prisoners on board the hulk or the ship? A. The hulk.
DAVID O'HEARN . I am seamen on board the Amphine. On the 11th of Feb. I missed an old blue silk handkerchief—I had seen it safe in my bag on the night of the 10th—I missed a pair of trowsers and a jacket—I had seen them safe on the 11th—I saw the handkerchief again on the 20th, at Greenwich police-court, but have not found the jacket or trowses.
WILLIAM LYNES (Policeman 238 R.) On the 13th of Feb., at two o'clock in the morning, I stopped the prisoners coming in a direction from Woolwich towards London—I asked Driscoll a few questions—he did not satisfy me—I said there were two young men wanted who had absconded from her Majesty's ship at Woolwich, and that he answered the description of one of them—he said it was not him—I had a constable with me—we took them to the station—I saw Driscoll drop a pawnbroker's ticket in the station-house, I took it up—Smith claimed the trowsers which Driscoll was wearing—I have them here.
GEORGE WELLS . I am shopman to Mr. Ashbridge, a pawnbroker. On the 11th of Feb. Driscoll came to our shop, and pawned a jacket and trowsers for 3s.—I produce them; they were wrapped in this handkerchief which O'Hearn claims—the duplicate produced by Lynes is what I gave the prisoner—I had never seen him before—I am certain he is the person.
Cross-examined. Q. I suppose they are ordinary blue slop-trowsers? A. I did not buy them as slop—I gave 33s. for them—everything was in confusion in the hulk.
RICHARD KEMP re-examined. This is my jacket, I know it by the make—I have not had it more than three months, and am quite confident it is mine—it is not a common sailor's jacket—very few seamen have such a cut.
Cross-examined. Q. Was it made for you? A. Yes.
KENNEDY— GUILTY . Aged 21.
DRISCOLL— GUILTY . Aged 18.
Confined Six Months.
Before Mr. Recorder.
GUILTY . Confined One Day.
(The prisoner received an excellent character.)
DANIEL DRISCOLL . I am a painter, living in Warwick-street, Woolwich. On the second Sunday in June last, about three o'clock in the day, I left my watch on the table in my room, leaving—my wife at home—I returned at twelve o'clock the next morning, and missed the watch—this is it—(preduced)—the prisoner lived in the same house with me.
Prisoner. He says it was safe on Sunday; I left the house on Monday, at eleven o'clock, and it was not missed till I returned at three o'clock.
JULIA DRISCOLL . I am the wife of the prosecutor. The prisoner lived in our house—my husband went out on Sunday, after dinner, and left his watch on the table—the prisoner came up in the afternoon, with her little boy, and asked me some question about my husband, whether he was gone on board—the little boy took the watch up in his hand—he was about four years old—the watch was on the sideboard—the prisoner took it out of his hand, and put it to his ear, and told me to put it off the sideboard, on to the mantel-piece—next morning, about a quarter to nine o'clock, she came up and asked me the time—I said the watch was on the mantel-piece—she went to the mantel-piece, and took it up—I went to make the bed, and took no notice of the watch till my husband came home to dinner and asked for his watch, and it was gone.
SAMUEL HOLMES . I am a grocer, and live at Deptford. I know the prisoner—I met her at Deptford in Jan. this year—she said she was going to my house—I asked what she wanted—she proposed to me purchase the duplicate of a watch, which she said she had in pawn, which she had taken for a debt, and hand pawned—I said if she got it out, and showed it to me, I would look at it—on the Saturday after she called at my house—Mr. Holmes told me something—I saw the prisoner, and advanced her a sovereign to take the watch out of pawn—she brought me the watch in the afternoon—it is the one now produced—I received it from her—she said she had taken it for a debt in business.
GUILTY . Aged 30.— Transported for Seven Years.
GUILTY . Aged 23.— Confined Nine Months.
Before Edward Bullock, Esq.
822. HENRY COLEGATE, JOHN JONES , and GEORGE PHILLIPS , were indicted for stealing 1 box, value 3s.; 1 knife, 6d.; 1 toothbrush, 6d.; 2 pen-holders, 6d.; 2 printed books, 1s.; 1 box, 2d.; 2 seals, 4d.; 1 pencil, 6d.; 1 pocket-book, 1s.; 2 pieces of India-rubber, 2d.; and 24 pens, 6d.; the goods of Edward Newman: 1 cash-box, 10s.; 8 sheets of writing-paper, 4d.; 4 postage-stamps, 4d.; 1 box of wafers, 1d.; 1 penholder, 1d.; and 10z. weight of beads, 1s.; the goods of Thomas Page Baker: and 1 cap, 6d.; and 1 handkerchief, 2d.; the goods of Charles Riches.
WILLIAM SMITH (police-constable R 27.) About a quarter-past five o'clock, in the afternoon of the 19th of Jan., I went to a paddock adjoining Mr. Soames' residence at Maize-hill, Greenwich—I saw Colegate coming out of the entrance of a subterranean passage leading to the foundation of Mr. Soames' house—the other two prisoners were out in custody of another officer—I called to Colegate to come out—we tied him to the other two prisoners, put them into the stable, and left them in custody of two officers—Patmore, and the gardener and I, went about 120 yards into the passage—we found all this property, boxes of various description, and a model of a boat and of a ship—I got up to Mr. Soames' celler, and found the bricks had been removed—I afterwards searched the prisoners' houses—at Phillips' house I found a new cloth cap and some beads—the cap has been identified by one of the boys at the Naval asylum, as the property of another boy who has left the asylum—I found nothing at the other prisoner' house.
Phillips. The cap I paid for in the market-place; the gentleman I bought it of come up, and said he had seen me buy caps of him. Witness. He said he had seen him, but he could not say whether he had bought a cap of him.
WILLIAM PATMORE (police-constable R 246.) At a quarter-past four o'clock in the afternoon of the 19th of Jan. I was fetched to Mr. Soames'—I went to the bottom of the paddock, and found this hole—I sent a dog up, and I heard a voice inside telling the dog to go out—I called two or three times for the persons to come out, and no answer was received—I said if they did not come out I would smoke them out—I made a smoke, but could not smoke them out there—the gardener and another man made a hole further up—we made a smoke there, and they called out that if we would put the fire out they would come out—two of them come out, and Smith took Colegate—I went into the cave—I found this model of a ship, these boxes, bends, and other things there—I had never heard of the place before—I do not think any of the police knew about the entrance to the cave—it is on quite private ground.
WILLIAM RIDLEY . I am gardener to Mr. Collins—her house join Mr. Soames'. I have known this entrance to the cave for eight or ten years—it is on private property—I always considered it a drain—there used to be a grating there—I have seen boys' footmarks there, but I never saw anybody go in to it—on the 16th of Jan. I saw the prisoners Jones and Phillips, and one of the name of Wood, going that way—Colegate was not there—Phillips had something in a sack on his back—on seeing me, they said it was too cold, and they turned back—I have not seen Jones so often as I have the other prisoners—the mouth of the cave comes out on the side of a bank, about 140 yards from the houses, on private property.
contained a tooth-brush, a knife, same seals, a pen-holder, two books, and other things—this is the box that held those things—this purse is mine—I saw the box safe about five o'clock in the evening, and the next morning it was gone—this box has my name on it, and I know this letter.
THOMAS PAGE BAKER . I am a pupil in the Navel school. I know this tin cash box—it is mine—I saw it safe on the night of the 8th of Jan., and missed it the next morning—it contained postage stamps, writing-paper, and other things.
DAVID PIKE . I am a pupil at the Navel school—I know this cap—it belonged to Charles Riches—he was a pupil at the school at the time this cap was lost—it was wrapped in a handkerchief, which I have since seen in the hands of Smith the policeman.
WILLIAM SMITH re-examined. The prisoner Colegate had a handkerchief round his neck, and after the prisoners had been committed a week, I gave it him to keep him warm—he disposed of it at Maidstone—I do not know what mark was on it.
Colegate. I bought that silk handkerchief at Harwich when I was with a gentleman's yacht.
Jones's Defence. I was at work at the college on the Monday, carrying coals; and on the Tuesday I was carrying them till dinner-time; I went home and got my dinner, and washed myself; I went out and met Phillips; I said; "Let us go and take a walk;" we went, and met Colegate; we got sliding, and went up on the woods, and we went to see this place; we went in about eight yards, and stopped there about three minutes; then the gardener called us out, and we did not like to come out.
Phillips. Pike said he only thought the cap belonged to Riches.
COURT Q. How do you know it? A. By the general appearance of it—Riches had been in the school two years and six months—he only had the cap since Midsummer last—I said I thought it belonged to him—I am sure of it.
NOT GUILTY .
WILLIAM HENRY KING . I keep the Trinity Arms, in Church-street, Deptford. The prisoner was my pot-boy for a little more than a fortnight—on Saturday night, the 6th of Feb., when I went to bed, I had, to the best of my recollection, 2l. 16s. 4d. in silver, in my trowser's pocket, in half-crowns, shillings, sixpences, and 4d. pieces—I laid my trowsers in the chair—when I got up in the morning I missed about 15s.—I imagine I lost some of each coin—I cannot swear that I lost a single half-crown, or shilling, or sixpence—on Tuesday, Feb. 9, I heard a noise at my bed-room door, while I was in bed—I listenced for a few seconds—I then raised myself up, and saw the prisoner squatting down, and putting his hand into my pocket—I caught him—he slipped out of my hand, and ran down stairs—I got up immediately and went down—I then accused him of taking the money on the Sunday morning—he said he had not know anything about it—I went and saw his parents—I came back, and asked him how he had bought some articles that he had bought—he then said he had taken twelve shillings and two 4d. pieces out of my pocket on Sunday morning—I should imagine he must have taken shilling if he took the sum of twelve shillings—he could not have taken it in hand-crowns—I give him into custody—I did not tell him before that it would be better for him to tell me, nor after he told me, that I would
let him go if he told the whole truth—this is my signature to this deposition—it was read over to me—(read)—"He then said he had taken 12s. 8d. from my pocket; after he had stated that, I told him that if he told me the whole truth I would let him go; he would not tell me any more, so I gave him in charge; when I told him if he told me the whole truth I would let him go, it had reference to other money."
Witness. I have no recollection of saying that—I recollect his admitting he had taken money—I am quite sure I did not tell him before he admitted this.
JOHN EVANS (police-constable R 190.) I apprehended the prisoner—I told him he was charged with stealing 15s. from his master's pocket—he said he knew nothing about it, he had stolen nothing—I went and saw the pri-soner's mother, and I told him what his mother said—he then said, "I took 12s. 8d. from my master's pocket."
GUILTY . Aged 13.— Confined Three Months.
Before Mr. Recorder.
On the night of the 4th Feb., I met the prisoner Weston, near Greenwich College—I had never seen her before to my knowledge—she begged relief, and said she had just come from the Union—I asked what relief she wanted—she said, "A drop of gin," and we had a quartern of gin at the Red Lion, then we had another quartern—M'Lochlin came in while we were having the first quartern—they appeared to know each other—I was nor then rather the worse for liquor—I did not say I was in good "sailing trim" at that time—I was when I went home with them—I went with them to a house in Queen-street—I said I would go and have a cup of coffee—the woman of the house said she would make me a cup of tea—I then had about 3l. 10s. in silver and gold—I had three sovereigns—I know I had it safe about seven o'clock—when I went home with them I sat down by the fire—while they were lighting the fire and blowing the fire, I fell asleep—I awoke, I think, between ten and eleven, and mother M'Lochlin was then taking the handkerchief off my neck—I then found my purse with two half-crowns and 3s. in it—my sovereigns were gone—I gave M'Lochlin in charge, but I had given Weston in charge first—I had met her on the staircase, and told the policeman the other woman was up stairs—I am sure I had my sovereigns when I went there—my pocket was cut, not cut off, it was only just nicked, and the purse taken out—when I found Weston on the stairs she was eating raw bacon and onions—I said, "Where did you get that, you told me you had no money?"—she said she got it as Mr. Green's, on tick—the policeman brought her up stairs, and she put her hand into her bosom, and hauled up a paper of money, 14s. 6d.
M'Lochlin. Weston was in the Red Lion; I went home, and Conway came after me; I told him I did not wish any one to be in my house as my husband would come home; he sat down in a chair, and I forgot he was in the house.
JOHN CHINNICK (police-constable R 153.) On the morning of the 5th Feb. I went to a house in Queen-street, Greenwich—I found Weston on the stairs, and M' Lochlin in her own room—the prosecutor was going up the srairs, he gave her in charge for stealing three sovereigns—I found 14s. 6d. in Weston's hand, nothing on M'Lochlin, but I found a penny on the table—I asked M'Lochlin if she had got any money—she said that was all she was
worth—I saw the prosecutor's right side pocket, it was cut, or a hole picked in it—the purse was found in his jacked pocked—Weston said she had the 14s. given her by a college man—the prisoners appeared sober.
GEORGE FRYER . I keep the Royal Hospital public-house at Green wich. On the night of Thursday, 4th Feb., the prisoners came to my house about half-past eight o'clock—M'Lochlin called for a quartern of gin, she changed a sovereign—a few minutes afterwards she asked me if I could give her change for another sovereign, which I gave her—I have seen the prisoners together as companions—I have known them some time.
MCLOCHLIN. He knows that when pensioners come to me they have oftern had change for gold. Witness. I have changed gold for her before—I gave her 19s. 2d. change for the first with change—she went out, and came back, and asked if I could oblige her with change for a sovereign.
ELLEN VAINES . I am the wife of James Vaines—I keep a shop in East-street, Greenwich—I have known Weston twelve or thirteen years—on the evening of 4th Feb., between seven and eight o'clock, she came to my shop and and offered a sovereign to pay a debt of 2s. 2 1/2 d. which she owed me—I got change for her, and gave it her—she lived tenant with me—I always found her perfectly honest.
Weston's Defence. I had that money to go into the hospital, to pay for an operation that I was to undergo.
M'Lochlin's Defence. I am a dress-maker; a gentleman, who is a friend of my husband's gave me a sovereign instead of shilling: I did not know what he gave me; I had another sovereign, they were both in my pocket; I thought I would change the sovereign, or I might give it away for a shilling.
(Weston received a good character.)
WESTON— GUILTY . Aged 31.— Confined Three Month.
MCLOCHLIN— GUILTY . Aged 37.— Confined six Month.
THOMAS MORE . I live at Greenwich—the prisoner was employed by me as a charwoman on the 11th and 12th Feb.—I missed a shirt, two table-cloths, a bed-curtain, and other articles—these now produced are them.
RICHARD BARROW . I am foreman to Mr. North a pawnbroker in London-street, Greenwich—I produce two table-cloths—one was pawned on 27th Jan., I believe by the prisoner, the other on the 13th Feb., by a person named Colville.
prisoner. I never pawned one. Witness. I have been in the habit of serving her for the last twelve months—I believe she is the party.
Prisoner. I pawned them, and I should have replaced them on Thursday; it was nothing but distress and illness all the winter that led me to it; I should have been at Mr. Moore's to wash on the Thursday following, and I would have taken them back.
(The prisoner received a good character.)
GUILTY . Aged 45.— Confined One Month.
Before Edward Bullock, Esq.
827. JAMES INGHAM was indicted for breaking and entering the shop of Samuel Whale, and stealing therein 14 brass door-knobs, value 7s.; 3 brass locks, 17s.; 2lbs. weight of brass, 1s.; 1 towel, 6d.; 1/2 lb. weight of solder. 1d.; the goods of the said Samuel Whale.
JOHN WHALE . I am a blacksmith; my father, Samuel Whale, has a workshop, it is in the parish of Woolwich, and is a detached building—on Saturday night, 20th Fe b., I left the shop quite safe. On Sunday morning, about ten o'clock, I saw the prisoner get over some new building near the shop—I gave information to the police, and about half-past ten, I came back again and heard noise unlocked the shop and found the prisoner inside—the policeman was there—I let the prisoner and policeman out, and found the place all in confusion—the drawer were all opened—I missed several brass knobs, several pieces of brass, and other things—these things produced are my father's property, and were safe in the shop on Saturday evening—they are worth about ten shillings—a window or glazed door had been broken, and by that means the door was opened, and a person could go in and out—the bolt was broken off—I informed my father on Sunday afternoon.
GEORGE HARRISS (police-constable R 158.) On Sunday morning, 21st Feb., about ten o'clock, I passed Mr. Whale's shop, it then appeared quite safe—at twenty minutes past ten I returned, and saw the window at the rear of the premises open—I got over the new buildings, went into Mr. Ruffey's yard, and saw the prisoner getting our through the shop door or window—he saw me and went back into the shop—I got on to pig-sty, and then on to a shed, looked in and saw him in a corner—I said, "What are you doing near?"—he said, "Oh do let me go, I am not going to take anything"—I found in a towel fourteen brass knobs, several pieced of brass, a small box, and several pieces of solder—Whale came and opened the shop—he had given me information before.
GUILTY. Aged 12.— Judgment Respited.
WILLIAM KIRK . I am a fly-driver. On the night of the 12th of Feb. I was with my fly opposite Greenwich—I said, "This is"—he asked me where the Greyhound was—I showed him—he said he was at Greenwich two years ago, and bought some things which wore very well—I asked him if it was at Mr. Whistler's—he said he thought it was—I took him there—he bought half a dozen shirts, some lamb's-wool stockings, and a neck-shawl—he changed a 10l. note there—I saw it, and saw Mr. Whistler give him the change—I am sure he put the 10l. note down—he asked Mr. Whistler if he had got any gown-pieces—he said, "No, you can get some at Mr. Skeffington's"—I went there with the prisoner—he bought some lengths of gown-pieces and some more lamb's-wool stocking—he wanted change for a 10l. note there, but could not get it—he did not produced a note there—I said, "You have
got gold, why don't you pay?"—he said, "I must get change before I go to London"—I was not driving him, I had left my cab on the stand—we went to Mr. Grllham's and bought some shoes—he wanted change for a 10l. note—Mr. Gillham could not give it him—he left the things there which he had asked for change, but could not get it—he asked me of brandy-and-water, and asked for change, but could not get it—he asked me if I could get him change—I went to my landlady, who took the note to Mr. Steele's, and got change—I left the prisoner at the Two Brewers—when I came back he was gone—he came back in about ten minutes, and I gave him nine sovereigns and 1l. in silver—he came out and asked me to take him to the Greyhound—he said he was well known there, and could get a bed there—I took him there, and left him in the tap-room.
Cross-examined by MR. CHARNOCK. Q. What did he give you? A. Only a drop of drink—it was about six o'clock in the afternoon—he changed two notes—I do not think Mr. Whistler knew him—they were children's stocking—he only bought one gown-piece—it was not silk—he appeared a little in liquor—I was quit sober.
WILLIAM WHISTLER . I am an outfitter, and live in Nelson-street, Greenwich. On the 12th of Feb., between six and seven o'clock in the evening, the prisoner and Kirk came to any shop—the prisoner bought things which amounted to 2l. 3s. 8d.—he gave me a 10l. Bank of England note—I gave him change—the number of the note was 84444, and the date 18th of May, 1846.
Cross-examined. Q. When did you make the memorandum? A. When the policeman came to make inquiry, not many minutes afterwards.
MARY FRAMPTON . I live in church-steer, Greenwich—kirk is a lodger of mine. On the 12th of Feb. he brought me a 10l., note to get changed—I got it changed at Mr. Stevens, and gave Kirk seven sovereigns, four half-sovereigns, and the rest in silver.
Cross-examined. Q. Did you take the number and date? A. No—I saw no other note. I gave Stevens the same note.
JOHN STEVENS . I keep the Spanish Galleon public-house at Greenwich. On the evening of the 12th of Feb. I received a 10l. note from Mr. Frampton, and gave her change—I have got the note at home, but forgot to bring it—I cannot positively say what the number 1s.
JOHN BOVIS (police-constable R 139.) About ten o'clock on Friday night I took the prisoner in London-street, Greenwich—I found on him a 10l. note, dated the 18th of May, 1846, No. 84445, seven sovereigns, fourteen half-sovereigns, 1l. 2s. 4d. in silver, twelve pence in copper, and three parcels of goods, containing four pairs of childrens' half boots, six shirts, six pairs of stockings, a pair of women's boots, a gown-piece, and two neck shawls—I found a silver watch and gold pin upon him—at the station sergeant Lovel asked him whose property they were—he said in my presence that they were his own—he was asked who the things were bought for—he said for himself and family—he said the money was his own.
Cross-examined. Q. Was he a little fresh? A. He was drunk—I have got altogether 25l. 3s. 4d. to account for—the goods amount to about 4l. 13s.
EDWARD MINTON JONES . I am an officer in the army, and live at Everton, near Liverpool. I was walking up New Bond-street, and had a small green leather pocket-book in my waistcoat pocket—it contained three 10l. notes, three sovereigns, 2s. in silver, and a visiting card—I missed it in New Bond-street, about half way between Piccadilly and Oxford-street—the numbers of the notes were 84443, 84444, and 84445—the note produced is one of them—I know it by the date, the number, and by a piece being torn
out of the corner of it—I gave information at the station and at the Bank of England.
Cross-examined. Q. Your impression is that you dropped it? A. Yes—I took it out to pay an omnibus at the corner of St. James's-street, and put it in again—I had a tight coat on, and my impression is that I must have put it between my coat and waistcoat—I never saw the prisoner in my life—my name, "E. M. Jones," was on the visiting card, but no address—I think there was no address in the pocket-book—I took the numbers of the notes when I received them—I advertised them in the Times and Morning Advertiser.
MR. CHARNOCK called
JOHN SELBURY . I have known the prisoner for five years as groom to the Hon. Mr. Lascelles, and since that to Mr. Allen, the Indian, Judge, who left the prisoner's character with me when he went to India, in consequence of which I sent the prisoner after a place on the day in question, with Mason, my foreman—Mason is not here—he had particular business of mine to do and could not come here—the prisoner and Mason returned in about half an hour, showed me a pocket-book, and told me there were three 10l. notes in it, but I did not see them—I told the prisoner he must look for an advertisement, and must not spend the money—I take in the Herald and he asked me twice, in the course of the week, if I had seen any advertisement—he has a young family.
NOT GUILTY .
Before Mr. Recorder.
829. ELIZABETH STONE was indicated for embezzling and stealing 1l. 6s. and 1 1/2 d., which she had received on account of her master, James Ives Dear: also for stealing 1 table-cloth, value 4s., and 1 handkerchief, 4s.: the goods of William White; to which she pleaded
GUILTY . Aged 27.— Confined Six Weeks.
830. MARY ANN BROOKS was indicted for stealing 3 baskets, value 6d.; 4 yards of damask, 2s.; 1 printed book, 1s.; 1 bag, 6d.; 1 knife, 7s.; 1 napkin, 6d.; and 1 tray, 1s.; the goods of John Denny, her master.
MR. PARNELL conducted the Prosecution.
JOHN DENNY . I am a surgeon, and live in the London-road, Southwork; the prisoner has been in my employ during the last month, as general servant. On the 15th of Feb. a policeman was sent for—I saw him go into her room, and makes a search—the prisoner was at the station at the time—the drawers in which she kept her clothes were unlocked—we found the articles produced in them—here is a little worsted bag which I use for putting halfpence into—to used to stand on the parlour table—this silver knife has my name on it—this small album is mine—there is the writing of different parties in it—it is not written by the prisoner—this small china ornament used to stand before the fire-place—this basket and tray were in her drawers—my knife was sometimes kept in my bed-room, in my dressing-case, and sometimes in the parlour—I recollect it lying in the parlour on the mantel-piece—this napkin is marked "D"—the proper place for that was in the kitchen drawer—here is some merino; a quantity of it was ordered to be packed up by my mother, to be taken into the country to be dyed—my mother considered she bad got the whole of it in the country—it had been locked up in a closet in my bed-room—I do not know where it was taken from—nothing was kept in
the servant's drawers expect her own things—all these things were found there, except the bag, which was found in her box, which was open.
Cross-examined by MR. CLARKSON. Q. Were the drawers locked A. No—she had been taken on another charge before I found the things—I Should not have found it out, but I received a letter from the Queen's prison—I am not aware that my mother had been in the habit of employing the prisoner to pare her corns with the silver knife—I have not heard her say so—it was my name on it—this napkin has my initials on it—the value of the articles, without the knife and the merino, is only shilling or two—I had a character with the prisoner—she is a very good servant—I have found out since that she has acquaintances in the Queen's Bench prison—about six weeks previous I could not find the knife—I inquired of her about it, and she produced it and said it was in a drawer which I had turned out to look for it—I made a great noise about it, and the prisoner brought it to me.
NOT GUILTY .
MR. PARNELL conducted the Prosecution.
HENRY PLAYER . I am a prisoner in the Queen's Bench. I know the prisoner—I have seen her in my room occasionally—I have known her six weeks or more—she used to come on Sunday, when she could get out from Mr. Denny's house—she told me she was in Mr. Denny's service—she brought some table-cloths, marked "M. B.," to my rooms, and showed them to me—I gave those articles out of my room to whoever came for them—there were no other things brought at the same time—she brought me a toilet-cover, these baskets, and these ornaments—this footman was brought afterwards—I do not know whether this is the cap—she brought one to me, which I wore once or twice—this may be it—(putting it on)—she lent it me for one day—she brought it, and took it away with her—it was something like this—this may be it—she brought these dusters and doyleys to me—she said they belonged to her mother, and my toilet-table was very bare, and she said she would give me these things—she said, "You have not these things yourself; I will bring them to you, and lend them to you"—she only said lend them—she brought them under clock, about her person—she came afterwards to visit me, and saw them on the table, and on the Saturday night, about three weeks or a fortnight before I went before the Magistrate, she came to demand them—I said I could not give them to her now, for one was at the wash, but I would send the things I had to the gate between twelve and one o'clock—I was at dinner, and said I was engaged, and would send them on Monday—I had no quarrel with her between the time of her bringing them and this time—I parted good friends with her, and shook hands with her at the door—I did not suppose. she had taken them from any body but her mother—She said she hade made the cap herself—she did not tell me she had made it for her father or brother—she showed it me, and told me to wear it on the promenade that afternoon—I returned it, and she put it under her dress when she went away—I shook hands with her at the gate, and she took the cap back again—I passed as plain Henry Player—I was called Henry Herbert Player—I have passed as Lieutenant Player.
Cross-examined by MR. CLARRSON. Q. What are you? A. I am in no business or profession—I am confined in prison—I never in my life belonged to a gambling-house—I have played for a sovereign—I was not acquainted with the prisoner in Nov. last—I was out of prison then, and was living with my mother at Bath—I think I first became acquainted with her about Dec.—I did not describe myself to her as Captain Henry Player.
Q. I will put your own letter into your hand—did you describe yourself as "Capt. Henry Player, of the Royal Horse Guards, Blew?" A. No—I did not spell it so, somebody wrote it for me I should think—I do not know where Mr. Denny lived—I do not know where the London-road is—I have never been in custody for swindling—I have been arrested—I do not remenber being taken before a Magistrate—I did not tell the prisoner when she came to the Queen's Bench that my toilet was bare, and I wished to borrow a few things of her—I was not intimate with her—I am married, but am separated from my wife—I did not tell the prisoner my toilet was bare, she said so herself—I did not say I wished she would land me a few things, which I would return to her—I did not ask her for them—she offered them to me, of course, she only lent them to me—I never proposed to her to land me anything—I knew she was in Mr. Denny's service—she told me so—I did not make love to her that I know of—I may have written letters to her—there was a Mr. Johnson in the prison—he was not a captain in the Blues—I and him did not quarrel about the prisoner—I wrote a letter to Mr. Denny, and wished to give the things back, because I was annoyed—I did not propose a close intimacy with her—she might please herself—I did not quarrel with her—I may have been silly enough to write to her, and say I had been dreaming of the kisses which I had from her when we parted at the gate, and should never be happy again till she returned—I knew Mr. Osborne, who deals in silver plate, some years ago—I was never taken up for anything I got from him—I was discharged—I merely got them, and gave him a bill for them—I do not know what else I gave him for them—I believe the value of them was under 60l.—I did not pawn them—I do not know where they are—I think he had some of them back—I wrote to Mr. Denny to say I would send the things back—the prisoner did not come into my room and find another girl there—I went out into the passage to speak to her—there was a person in my room, attending to me, and doing my room—I had nothing to do with her—it was after that I wrote to Mr. Denny—I do not know that I ever jumped off the top of my house on to a skylight into another man's house—it is many years ago—I do not know what a bonnet is—I never went to gambling-houses to decoy fools playing there—I did not go to Mr. Barber's, in Cheapside, four or five years ago, and order 300l. worth of watches—I will not swear it—I do not think I should order such things as that—I do not know where I was living when the watches came—I cannot remember where my mother lived in 1839—I lodged at Mr. Martin's.
Q. Dud not you jump from her house through the skylight of the next house, to avoid the officers who came about the watches? A. No, I did not take any watches—I was let down through the skylight—these letters (looking at them) are my handwriting.
WILLIAM DADE JOHNSON . I am a medical student, and am a prisoner in the Queen's prison—I have know the prisoner five weeks, and have seen her a few times at the prison during that time—she has not visited me there—I have spoken to her there—I saw her in Mr. Walcot's room on the Saturday night that she demanded the things of Player—I was on the staircase when she demanded them—she did not complain of a dispute between herself and Player—there was a woman in his room, and they would not let the prisoner
in, and she was angry—next morning she was waiting outside for the things, and Walcot. asked her into his room—she went in, and produced a cap from her pocket, and said she had shown it to Player, and he wished it very much, but she could not give him that, as she was going to give it to her brother and she was making another for him—Player was on the Parade, and she said, "If you put it on, it will make him very angry"—I put it on, and went down, but could not see him—I came back, and saw him—I met him with the cap on—the prisoner came up into my room for about twenty minutes, and left the cap—she said, "I will lend you this to wear for a few days, I will make another; when that is finished I will bring that and take this back"—she said the materials and making it cost about guinea—I believe she said she made it, but am not quite certain—I was to have the new cap instead of Player.
JOHN DENNY . I know some of the articles to be mine, but not all—the doyleys and mat are not mine—the footman, china ornaments, baskets, and cap are mine—the other things I do not swear to, but the prisoner admitted to the policeman that the table-cloth and toilet-cover were mine—I heard her tell the policeman she had lent them to Mr. Player, and that they were all my property, except the doyleys and dish-mats—I have a table-cloth similar to this—here is "M. B." On it—it dose not look like an old mark—there is 1828 on it, as if the name had been cut out—they were my mother's and there was 1828 marked on them.
JEAN BOSSARD . I live in Bermondsey-street. The prisoner was in my service for about four months—her mother lives in George-court, Russell-street—my wife gave the prisoner a half-sovereign, in my presence, to buy some meat she returned in about three quarters of an hour—I asked her what she stopped so long for—she said "I have lost your half-sovereign"—I said, "you must go and fetch it, or I shall give you in change"—she said, "I cannot find it"—I dressed myself, and when I came down I heard that she had said she had given it to her mother—I fetched a workman to go to her mother's—I asked her mother if she had received a half-sovereign from her daughter that morning she said she had not—she went for her husband, and when he came I asked him if he had received it—he said, "No"—I went to the station, and told the policeman—the prisoner behaved well before this, and has been with me four months and a half.
JAMES HALL (police-constable M 101.) I received charge of the prisoner at Mr. Bossard's house, I searched her, but found nothing on her—she told me she had wrapped the half-sovereing in a piece of paper, and given it to her mother, who lives about thirty yards from the prosecutor—I did not go to her present—they are poor people—I called on her mother yesterday, but she denied her name, and I could not find her—the father was in work at the time of the robbery, but has since gone into the country.
GUILTY. Aged 16—strongly recommended to mercy.— Judgment Respited.
MARY ANN ANDREWS . I am the wife of Philip Andrews, of Red Lion-street, Richmond. I had a gold wedding-ring in a drawer in my house just before Christmas—I missed it, with other articles, on the 26th of Dec.—the prisoner was in the habit of coming to my house—I was out at work at the time the things were taken—I found the drawer locked, but the ring was gone—I do not know whether I left it locked—the key was in my pocket—I have not worn the ring—it fitted tight when I bought it, last summer, as my own was broken—I have no mark on it.
THOMAS BURFORD . I am a pawnbroker, and live at Old Brentford. On the 8th of Jan. the prisoner pawned this ring—he said he pawned it for his mother, Sarah Douglas, to pay her rent, whom I knew as his mother—he had often been at our shop with her.
WILLIAM FRENCH ANDREWS . I am the son of Mary Ann Andrews. The prisoner used to come to my mother's house when she was out—I used to go with him on the Green—I cannot say how soon before Christmas he came there.
Prisoner. You said to me, "I have got a ring; I do not know whether it is gold or not; will you go and see?" he said, "Take it over to Mr. Burford, and do not put it in your name, put it in my mother's name;" I bought him the money. Witness. It is false—I did not give it him—I did not know he had it.
STEPHEN CREED (police-Constable V 200.) In consequence of information, I went to Burford's, and found a ring answering the description given by Mr. Andrrews—I got a description of the boy who pawned it, went to the prisoner's house, took him, and told him the charge—he denied all knowledge of it—I took him to the station; and while being charged there, he said he had pawned the gold ring, but Bill Andrews gave it him—I examined the drawer—there was a mark of a chisel, or some blunt instrument, on it.
JURY. Q. Where was the drawer? A. Up stairs.
WILLIAM FRENCH ANDREWS re-examined. The prisoner visited me in the bed-room—I suppose the ring was kept there—there was a chest of drawers there—the prisoner could have got to them without my seeing him—I was in bed asleep—he came and asked me if he should go down and light the fire—I said, "You may please yourself about that," and then I went off to sleep—I cannot say when it was, or how soon after that my mother missed the ring—he used often to come to the house.
MRS. ANDREWS re-examined. On 26th of Jan. when I missed the ring, I asked my son if he had had the prisoner up in the bed-room—he said he had—I came home one day, before the loss, and forbad the prisoner coming to the house.
GUILTY *(†) Aged 16.—Recommended to mercy. — Confined One Year.
WILLIAM LEA (police-constable V 38.) On the 15th of Feb. about half-past six o'clock in the evening, I was watching, and saw the prisoner in Garrett-lane, Wandsworth—I saw a quart-pot hanging on a fence opposite Mr. Wilkinson's beer-shop—the prisoner stopped and looked at the quart-pot—some persons followed him—he walked on slowly until they passed him, then returned and looked at it again, then crossed the road, and appeared to be looking into Wilkinson's house, then returned, took the pot up, put it under his coat, and walked down the lane—I followed him, and on coming near him I suppose he saw me—he put it down on a low wall—I took him into custody, and asked what he had done with the pot—he said, "What pot? I never touched one"—I took the pot off the wall—it was about 100 yards from where
he took it—he was not tipsy—I went to his house, and found another pot there.
Prisoner. Q. Did not you cross the road and take it off the fence yourself? A. No—I did not follow you with it, and put it on the wall—you were walking when I came to you about ten yards from the wall—it is possible I may have played at skittles with you, but I do not recollect being in your company—I never said I would catch you the first opportunity I had because you said you would report me for drinking when on duty—you never said so, and I never said I would have you.
Prisoner. Q. What time did you lose it? A. I cannot say, for I send beer out at all hours—I did miss it, but not till the policemen spoke to me—I have lost eight quart and thirteen pint pots, between Christmas-day and the 15th of Feb.—I had mentioned my losses to the policeman.
Prisoner's Defence. I saw the pot hanging on the rails; I passed it about twenty yards, turned round, saw the policeman crossing the road with the pot in his hand; I walked on about 100 yards; he turned and put the pot down on the low wall; I went on, and he took me; I never touched the pot.