CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 5TH, 1847.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 5th April, 1847, and followings Days.
Before the Right Hon. SIR GEORGE CARROLL , Knt., LORD MAYOR of the city of London; the Right Hon. Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Thomas Farncomb, Esq., and Thomas Sidney, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS
CENTRAL CRIMINAL COURT.
CARROLL MAYOR. SIXTH 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, April 5th, 1847.
First Jury, before Mr. Recorder.
GUILTY . Aged 38.— Confined Twelve Months.
MR. DOANE Conducted the Prosecution.
HENRY JOSEPH SPICER . I am a broker, and at the time in question lived in James-street, Marlborough-road, Chelsea. In Sept. 1844 I had a warrant against the prisoner's goods, at No. 3 or 4 Colchester-terrace, Old Brompton—I went there with the warrant—the servant was going in with some bread—I went in and found the prisoner there and his two sons—when I got up to the door in the first instance the maid servant screamed out, when she saw us rushing in at the door—I had a man with me—the maid servant then pushed against the door, to stop us from going in—the two sons immediately rushed to the door—I had got myself partly in, and my man was pushing me—the son William Paul Rogers took up a large broom-handle and struck the man on the top of his head—the man ran away directly, leaving me there—I told the father, directly I got into the parlour, I had come to distrain for a year's rent due to Mr. Colchester—he said, "You will just see how we will serve you then"—he struck me three or four times—they had got sticks—I told them they had better not use violence, but see Mr. Colchester, and see what terms they could come to with him; they could do better by mild means than force, but the father said no, he would pay me—he struck me three or four times with a large stick—they had each large sticks, and one had an iron bar—the prisoner had a stick, and struck me across the lions—I was
standing at the side of the table pulling out my inventory-book, but before I had time to take it out, I was beaten on the loins a very violent blow indeed—I then hallooed out "Murder!" for some one to come to my assistance—it is a very bye place, and very few people there—the prisoner called on his sons to give me a d—d good hiding, and turn me out of the house—at last I got from them and ran up stairs and pushed up the window—both sons laid upon me with their sticks as hard as they could—William Rogers used an iron bar—I was struck on the head with the iron—the two sons have since been tried—when I was up stairs the prisoner called to his sons to turn me out of the house, and to d—d well pay me—after I got up stairs they forced me from the window—they shut the window and pulled the blinds down, and then forced me down stairs again—on the foot of the stairs the father struck me on the head with a very heavy stick, and I did not see him afterwards—after I got down in the passage, the elder son called out to bring the Turk's knife and cut the b—g—r's throat—one of the sons got it—the prisoner took a way the knife and said, "Oh no, do not use that"—he took the knife away from them with great force, and in the act of taking it away he very much cut his hands—after that I was thrown over the garden wall—I found myself over the wall when I came to my senses—I was laid by, and feel the effects in my head when the weather is bad—I took some physic, and had some plaster on my head—the prisoner has been out of the way till he surrendered.
Q. What the sons did they did at his instance? A. Yes—he has been in the house three years and paid no rent, and barricaded the place with sticks and stones, and told us what he would do if we came there—I am certain the prisoner saw the bar in his son's hand—he did not interfere to prevent his using it—I was in the house very near an hour.
Prisoner. Q. How did you get into the house? A. I followed the female in at the door—I sent a man to ring the bell first with a note, to see if they answered the bell—I did not say last Thursday that you opened the door—I do not know who opened it, but as soon as I got up to the door the maid was there and screamed out—I was not senseless twice—I lost myself for a moment before I went up stairs—I said at the police-office that I was stunned once at the foot of the stairs—I then recovered, and went up stairs—when thrown over the garden wall I suppose I was nearly an hour before I came to myself—the knife was brought when I was in the passage the last time before I was thrown over the wall—you were present then—you said the knife should not be used, and took it away from them—your hand was wounded by taking the knife away—it had a long blade, and a brown shaggy handle, and a sharp point—I do not know which son brought it down.
JOHN LEGGATT COLCHESTER. I own part of Colchester-terrace, No. 2, where the prisoner was my tenant. I signed a distress warrant, and have not seen it since the last trial—the prisoner owed me more than a year's rent—be is an artist I believe—he did not pay regularly—he sometimes gave me half a sovereign—he owed me seven or eight quarters—certainly above twelve month—I authorized Spicer to get it from him.
Prisoner. Q. You stated to get police-court that the man was to distress for three year's rent? A. One year's rent—I have never sworn you owed me three year's rent, or that you never paid me rent while you were in my house, but I say you have not paid it regularly.
Prisoner to SPICER. Q. You stated before the Magistrate that the amount of rent I owed was for three years? A. No, I said I believed the amount you really owed was for three years, but I only distrained for twelve months, because there were a very few thing in the house, and what was in the
house you smashed and broke to pieces—they put the Dutch clock on the fire—the thing only fetched 15s at a valuation.
MRS. COLCHESTER. I am the wife of John Leggatt Colchester. I saw Spicer when this happened—I heard a scream of murder, was coming out to see what it was, and a little girl came and asked for the key of the empty house, and said there was a man in it, and Mr. Spicer came out of the house—they had thrown him over the garden wall of the empty house, next door to the prisoner, he had got his head fractured, and his nose was running down with blood—I picked his hat up and put it on—he had a large lump bigger than an egg, and a small cut—he was bleeding down his face.
Prisoner. Q. Do you remember two or three days before, drinking with some bricklayers, when your husband forcibly broke into a house, you said, "We shall serve that * * at No. 2 in the same way;" the bricklayer said, "No fun we like better than this, ma'am," and you passed the pot of ale round? A. No, it is false—I was not in front of your house—I was at breakfast when your house was entered, and was not aware of anything of the kind—I never said my husband was allowed and did always bid defiance to the law, and broke into any house he chose—I never heard such words—I never told a neighbour he intended to break into your house.
WILLIAM WHEELER. I am a painter, and live at Chelsea. I did not see the assault committed, but I went there afterwards, and saw Spicer coming away with a large cut on his head, and one on his lip—I saw him close against the house.
(The prisoner, in an unconnected defence, stated that the whole evidence was false; that he was obliged to keep his door closed, in consequence of a villanous conspiracy to ruin him, to prevent the Sheriff's officer entering: his landlord had also threatened to break in, having lent himself to another party; that a little after eight o'clock in the morning his gate was raitled, and a rough-looking man was seen in front of the house with a large stick in his hand; that his wife went to the gate, and a paper was put into her hand, which he told her to return if the man came back, which he did in a few minutes, but that he (the prisoner) would not allow the door to be opened; it was latched, but not bolted; he himself had commenced painting a picture, which he was anxious to finish, and was desirous not to allow a writ to be served on him, which was the object of the parties, and by the persuasion of his family he ran down his garden, climbed over a wall, across the garden of a neighbour, who invited him in, but knowing the Sheriff's officers would search there, he declined, and climbed another wall with lattice work on it; that he fell back; at last he got in front, and saw forty or fifty people, and heard screams of 'Murder!' that in getting over another wall he fell, cut his head, and bled profusely; that he proceeded to New-town, Brompton, where he met a policeman, whom he told to take him to the inspector, if he thought he had done wrong; but as the Sheriff's officers were after him, he did not wish to go back; that he went to the police-station, where he stated de had got wounded in getting over the wall from the Sheriff's officers; that he was finally liberated, and in doing along he saw the workmen going to breakfast, it being half-past eight o'clock; on getting to his friend's house his wounds were dressed.)
AUGUSTUS SWITZENICK. I live at No. 41, Morman-road, Bayswater. On the 6th of Sep., 1844, about half-past eight o'clock in the morning, the Prisoner came to my house—I cannot say the precise time, but within a minute or two of that—the principal thing I remember in his appearance was one of his hands being very much cut and lacerated, and his dress very much deranged, as it seemed collected on the spur of the moment, not as if it was
to go out in—my house is about a mile from the prisoner's, perhaps a mile in a direct line—there is a nearer road now, but at that period he must have gone down Church-lane and Victoria-road—from the state in which the prisoner was he must have come in a very short time—he was excited and out of breath, in the most excited state you can conceive.
MR. DOANE. Q. You saw his hand bleeding copiously; did you examine the wound? A. I did—it had not the appearance of being cut by a sharp instrument—I had no opportunity of judging its depth, but from the appearance some of them must have been of considerable depth—it had the appearance of being cut by broken earthenware or sharp glass—I cannot give an opinion as to whether a blunt knife would have done it—it had not the appearance of having been done by a knife—there were two principal cuts; one was a curve, and one inside the hand—I do not know how many cuts there were—there were decidedly two, one curved and the other angular—the other were punctures—the two principal cuts were within a very short distance of each other in the fleshy part of the hand—I cannot sate whether they were in the same line or not; they seemed to me, from my recollection, very variously diffused and spread about the thick part of the flesh; the others were merely punctures—it was not dressed by a chemist or surgeon, to my knowledge—they were simple wounds, and were bleeding at the time—there was a good deal of blood.
COURT. Q. Have you ever been to the prisoner's house? A. Many times; I never saw a Turkish knife there—I have heard of such a thing, but never saw anything there but the ordinary knives used at the table—the punctures were not such as the point of a knife would produce—they had all the appearance of being made by some broken, rough, irregular agency, such as broken glass or china.
JAMES M'CARTNEEY. On the 6th of Sept., the morning when the prisoner's house was broken into, the prisoner came into my back garden—I asked him in doors—he refused to come, but went to the bottom of the garden and climbed over the wall, and I saw no more of him—that was at eight or ten minutes before eight o'clock in the morning—he went in a direction away from his own house—I had not seen Spicer or his man climb over the gate—all I saw was a person passing by my window through a little garden in front—I then went out, and just saw the glimpse of a person forced into Rogers's house, and his hat came off, that was a second person, to whom he called, "Come in, come in," but he would not—he retired—I told him, "You had better take this hat away, it belongs to the person who has gone in"—there is a garden in front, and one behind—the person who got in was in the front garden—almost immediately after I saw a man enter the house I saw the prisoner in the back garden, as if he had escaped out of the back door—I expected something of that sort from what I had previously seen in the morning—I had seen a labouring man come to the prisoner's gate and rattle it—that may have been about half-past seven o'clock, or more than that—they unlocked my little iron gate in front—the man left a note with the prisoner's wife, she went in, and in about ten minutes the man returned—I scarcely believe that the prisoner and prosecutor could have been in the house together at all—he was inside the door—the boys had grappled him, seemingly, for he was hallooing out, "Let me go!"—I could distinguish that.
Q. Where was the prisoner at that time? A. I went into the back garden, as I did not like to hear this, and the prisoner passed—beyond the two gardens there is a little place where he could get over, and there he was—I bagged him to come in, but he said, "They are foreing their way in, they
will fetch me"—he appeared to be escaping—I understood the Sheriff's officers intended getting over—there was not the least appearance of blood about him then—when I spoke to him he said, "I cannot, I must get off"—Spicer left the house at ten minutes or a quarter after eight—I saw him come round—I will explain why I know the time; there is a nursery ground at the back of our premises; the men there, as regular as the clock strikes eight, come out, and when the man got in they had not come out of the nursery past my house; they came up after the prisoner was gone—he got over the next wall, and a wall next to that—I know there is glass on that wall—I saw him go over that way, and the wall next to that has glass—if he went over that wall after he got over the first wall, that would account for his cutting his hand—I do not know how he could get into the back garden without.
Prisoner to SPICER. Q. Do you know William Kemp? A. yes—I distrained on him there or four months ago—I had three or four warrants against him, and they have had my effigy there, and they broke several squares of glass in the house—I had no conversation with that man; I have always been at enmity with him—I have been in the place—I did not see the prisoner there—I have seen his sons—the landlady told me he was there—I did not say at the Police-court that I had seen the prisoner come down to the gate—I said I had seen him at the window previously.
Q. Did you say to Walter Kemp you would perjure yourself if you were paid for it, and you would bring three or four witnesses to do the same? A. Never—I have never perjured myself—I never held any conversation with Kemp on friendly terms—I was at enmity with him—he kept the house against law and reason till deprived of it.
COURT. Q. What steps did you take to get prisoner taken in charge for joining in this violent assault? A. I applied to the police, and for a warrant—I believe eight policemen went to get possession—I heard the prisoner was living at Seymour-place, Brompton, but could not find him till I heard he was in the house No. 4, Burry-street, Chelsea, and went with the police to see if I could take him—I went there to distrain for rent—his two sons were there—I was told the prisoner was there, but could not find him.
MR. DOANE. Q. How long have you known Kemp? A. About twelve months—I levied on him about nine months ago—I saw the prisoner's two sons there about two months afterwards—when I made the levy Kemp was there—I went twice to try to get possession, and persuaded him to give up the house quality—I found all the windows of the house broken, and "Paul Rogers" written over the walls, and stating that if I came there when William Paul Rogers was there, he would serve me the same as he did in—place—I have never spoken to Kelly since that transaction—it is nearly nine months ago—I never spoke to him—I applied for a summons for willful damage shortly after we got into the house—I was engaged by the landlord to go to the house to see what state Kemp had left the premises in—I had met Kemp there before that, and saw the two sons there—I told them, if I caught them destroying the place, we should lock them up—nothing ever occurred between me and Kemp about this matter—I never said to him that I was ready to swear anything for money—I never mentioned his name to him—I was surprised at seeing the sons in the house, and said, "What, after all the trouble I have had, are you going to hold possession of this house as well as the other?"
JURY. Q. Did the prisoner assist in throwing you over the wall? A. No—he
went away, I should say, ten minutes before that—he went away, I should say, half an hour after I got in—I cannot tell what time it was I got in, it is so long ago—I think it must have been about eight o'clock.
Q. How could that be, if he was a mile and a half off before half-past eight? A. I cannot say, it is so long ago—before he got to this gentleman's house he was detained at the station, he says—I am quite certain he did not go away directly I got in—I was in the parlour with him, and took out my inventory to make it out—I say he struck me.
Prisoner. Why is not Warwick here? A. I do not know—I have not seen him form that day to this.
COURT. Q. Do you know M'Cartney? A. He lives next door—I do not know Switzenick—I know I saw the old gentleman some considerable time afterwards—he saw what a state I was in—I am certain the prisoner struck me on the head.
Prisoner. Q. The second time you were insensible you ran down stairs, did you not? A. Yes—I was then stunned.
Q. Just previous to that, in your hurrying down stairs, you met my poor boy David with the dagger, running up? A. With the knife—I was only stunned for a moment—I was nearly three-quarters of an hour in the house. I should say—I did not take an inventory of the goods—I began, but was prevented—I went next day, and the furniture and everything was broken up, a nice clock was burning on the fire, the glass and everything was destroyed.
(The witness's deposition against the prisoner's sons, being read, stated, "I commenced taking the inventory, and got through some part of it, when the father of the prisoners came down; the prisoners, with their father and another brother, rushed upon me, and struck me with a stick and the piece of iron, &c.; David Rogers said, 'Fetch the Turk's knife down,' &c.—I ran up stairs to get out of the way.")
COURT. Q. In that deposition you do not charge the prisoner with striking you? A. He was not present, and the evidence against him was not gone into.
Prisoner. He says he met my son coming up stairs with the dagger, and then he says the boy went and fetched the dagger down. Witness. I was struck a great many times in the house—I might have made a mistake about the knife, it being so long ago—I do not know whether is was going up or down stairs, but to the best of my belief, it was when I came down stairs the dagger was used—I was indicted here about twelve months ago for a conspiracy to defraud a man of some goods—it was a levy—I charged too much, it was said—I was discharged on my own recognizances—I was to restore the goods, and there was to be an end of the matter.
WALTER KEMP. I live in the King's-road, Chelsea. I had a convresation with Spicer at Chelsea—he said he would swear to any false statement, if paid for it, and also provide witnesses to do the same—this was when he put a distress into my house—he said it to frighten me, I suppose—I was disputing his right to distrain on my property, that he had no claim—he has made the same statement to other parties, to a person of the same name as myself, and a person named Atkinson.
MR. DOANE. Q. When was this conversation? A. In May last—he was in possession of my property on the part of the landlord—I said the landlord had no right to the goods, because another party had power to receive the rent—I was upwards of two years in the house—I have been distrained on twice: this was the last time—Spicer had not distrained on me before—I
had not said it would be a nice thing to get witnesses.
Prisoner. Spicer said I lived in this person's house. Witness. I never saw you before—one of the prisoner's sons came to my house occasionally.
JOSEPH FAGG. The night before this occurrence took place Spicer was at the Royal Pear Tree beer-shop—it was the 5th of Sept., 1844—I went there to have a glass of ale, and saw Spicer—another man came in and said, "I am afraid we shan't manage the job to night"—Spicer answered, "We will manage it to-night; I have five or six navigating fellows coming, and we will break in, if we cannot get in by any other mean.
HENRY JOSEPH SPICER re-examined. I was not at the beer-shop, Colchester-street, on the day before I entered the house—I had the warrant signed two days before—I know Fagg—he was living in one of Mr. Colchester's houses, and we have had a great deal of trouble to get him out—he commenced an action against Mr. Colchester—the Faggs were in the house three years, and paid no rent—this man has set them the example—I did not declare my intention to enter the day before.
JOSEPH FAGG re-examined. He was there with a rough stick in his hand, trimming it with a knife—the other man came to him and said, "I am afraid we shall not be able to manage the job to-night"—he said, "We will manage it somehow; I have five or six navigators coming, and we will break in after dark."
FRANK ROGERS. I remember the morning they broke into my father's house—my father went out of the house before Spicer came in—Spicer was in the street again ten minutes after coming in—my father left the house directly Spicer came to the door—there was no blood on my father.
MR. DOANE. Q. You did not see Spicer bleed? A. No—his lip was not cut, nor was there blood from his head—there was no blood at all on him or on my father—Spicer did not see my father at all.
GEORGIANA ROGERS. I was in the house when the men broke in—I saw no blood about the house—my father left three minutes after we found somebody at the door—he was not in the house when Spicer came in; he was gone—Spicer was in front of the house again in about ten minutes—I was examined on the former trial, and stated that when the door was partly opened, and I heard a scuffle, my father came up when the men were outside of the door, but directly he heard the door open about an inch he went out of the house at the back door.
MR. DOANE. Q. Did you see any blood on Spicer? A. None at all in any part of the transaction—I was in the passage—I saw my brothers in the passage—I was there the whole time—Spicer only came into the passage; he did not go up stairs at all, he only went through the passage—he received no injury at all—I did not see a spot of blood—I saw my brother William put him between the hedge and the wall—I do not believe he received any injury—I saw no sticks—I saw my brother pinion his arms, carry him through the house, and push him between the hedge and the wall which is about two feet and a half high.
GUILTY. Aged 17.— Judgment Respited.
RICHARD BIRD. I am in the service of John Briggs, a butcher, No. 57, Great Tower-street. On the 5th of March, between nine and ten o'clock in the morning, I saw the prisoner in the shop—I had placed three half-crowns on the desk—in consequence of information I asked him to give up the money which I was informed he had taken off the desk—he said he had not taken any—I missed one of the half-crowns.
Prisoner. Q. Before the half-crown was found on me did not you say you did not know whether it was half-a-crown, a shilling, or sixpence? A. I said, "Give up the money," but I did not know what it was till I looked on the desk and missed a half-crown—that was before you were searched.
SARAH GIBBONS. I live in Carpenter's-yard, St. Dunstan's-hill. On the 5th of March I was at Mr. Briggs' shop—I saw the prisoner come in and look at a piece of beef—he went to the desk, took some money off it, and put it in his coat pocket—I told Bird—I could not see what money it was, but I saw there was money on the desk, and I saw him lean his arm on the desk, take the money, and put it is his left hand coat pocket.
ROBERT KITSON (City police-constable, No. 531.) I found the prisoner at Mr. Brigg's shop—I asked what he had in his pocket—he did not answer me—he held his hand in his coat pocket—I took it out and found a half-crown and 3 ½d in copper in the pocket.
Prisoner. Did Bird tell you it was a half-crow before he saw it? A. Yes—he said he had missed a half-crown.
Prisoner's Defence. I am innocent; the girl never saw me take anything; I asked what I had taken, and she laughed in my face; the butcher said, "You took money off the desk, give it me, whatever it is."
GUILTY. Aged 42.— Confined Six Weeks.
GEORGE SCOTT (City police-constable, No. 560.) On the 24th of March, about four o'clock in the afternoon, I was on duty at London-bridgewharf, and saw the prisoner in company with another person—I watched them—I saw the prisoner attempt' to pick several pockets—at last I saw him draw a handkerchief from Mr. Harris's pocket—he ran away—I overtook him—when I was just coming up to him he threw the handkerchief away—I did not see the handkerchief picked up—Mr. Harris gave it me afterwards.
Prisoner. I was not in company; I was by myself. Witness. You were with a person who has since been committed for three months by the Magistrate.
JAMES HARRIS. I live at Merchant Taylor's Hall, Threadneedle-street, and am butler to the Company. On the 24th of March Scott spoke to me, and I missed my handkerchief—I saw Scott run after the prisoner—I followed, and saw the prisoner before Scott—about three yards before I got up to the prisoner I picked up the handkerchief—it had been removed forty or fifty yards—this is it—it is my property—it has my initials on it.
GUILTY.** Aged 18.— Transported for Seven Years.
NEW COURT.—Monday, April 5th, 1847.
LOVE pleaded GUILTY.—Received a good character.—Recommended to mercy. — Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
EDWARD HARMAN. I reside at Clay-hill, Enfield. I have been from time to time collecting a large quantity of old and curious books—they were placed in a room where I have some pictures and books which I could not place in my house—I had many hundred books there—I cannot say how many—on the 25th of Jan., I was informed that this room had been broken into—I went there, and a great many books were gone—I have seen a great number of books produced by different persons—I have identified almost all of them—I had never sold any of them.
EDWARD CADWELL (police-constable N 275.) I am stationed at Enfield. I was on duty at Clay-hill on Sunday night, the 24th of Jan., and about half-past ten o'clock I went to Mr. Harman's library—I tried the door, found the door locked, and all safe—about three o'clock the next morning a horse and cart passed me in a direction from Mr. Harman's premises, towards London—there appeared to be some full sacks in it, but I had not my light with me—about eleven o'clock that morning I was sent for to Mr. Harman's and I found the library had been broken open—there had been great violence used.
Cross-examined by MR. BALLANTINE. Q. Was anybody driving the cart? A. Yes—I saw but one person driving it—my attention was not attracted to the cart particularly—I looked at it well enough to see that there were sacks in it—I have no doubt there were sacks in it.
MR. PAYNE. Q. Did you see the marks of people having been at the library? A. Yes—I went on Monday morning, and saw the marks of several persons.
JOSEPH MELLISH. I am inspector of the N divisions of police, stationed at Enfield. About ten o'clock on that Monday morning, I was sent for to Mr. Harman's—I found the inner and the outer door of the library had been broken and several 0f the shelves cleared of their books—I observed several footmarks on the ground—in consequence of information I went to Mr. Petherham—I found 103 books there—I showed a sample of them to Mr. Harman—I afterwards let him see the whole lot which I obtained from the different booksellers—on the 13th of Feb. I apprehended Watts—I told him he must consider himself in custody for stealing the books from Mr. Harman's—he said he knew nothing about them.
Cross-examined. Q. What time did you go to Mr. Harman's? A.Between ten and eleven o'clock on Monday morning—I found Mr. Harman and his man there—I examined the footmarks of at least three different persons—I did not try any books to the place.
MR. PAYNE. Q. Could you tell whether these footmarks were those of Mr. Harman and his man? A. They were not—I saw the impression made by Mr. Harman and his man.
in Oct. I had purchased some books from a man where he lives, and amongst them were several odd volumes—he called on me to know the names of those books, because some more books had come from the country, and he thought the volumes wanting might be amongst them—I gave him the names of three books, and he then went away—I saw him again on the Wednesday, the next day but one—he brought two books to me, supposing they might be those I gave him the names of, but they were not—he took them away with him—he said the other person had brought up some books, and he would let me know when it would be convenient for me to see them at his house, No. 11, Lansdowne-mews—on the following morning I went to his house—I did not find the books—his wife told me they were taken away and sold—I did not see Watts there.
Cross-examined. Q. But you saw his wife there? A. Yes—she said the person who brought the books took them away, and sold them—I knew Watts before—I did not know with whom he was living—I understood he was living in Tavistock-square—the first time he came I was much taken with his appearance—I think I bought 100, or 150, or 160 books, in Oct. last—Watts did not sell them—he took no interest in them at all.
MR. PAYNE. Q. Has one of these 150 or 160 books been shown to Mr. Harmon? A. Yes, and he identified it—I saw these books at Watts' house—two persons had called on me and said they had brought some books from the country—I paid for the books at Watts' house—I cannot say that he was present when I paid for them.
WILLIAM HENRY STROUD. I am in the employ of Mr. Gregory, a bookseller, in Little Queen-street. On Wednesday, the 27th of Jan,. the two prisoners came to the shop in a cart—Watts was driving it—my master was at a sale—the cart was stopped just by our shop door—Mr. Love came down, and asked if we were buyers of books—I said, "Yes," and asked him to let me see them—he went to the cart, and brought some books in a while cloth, the "Historical Register," and some others—I asked him the price—he said he had some more—he went to the cart, and brought some books in a while canvas bag—when he came in with the bag, Watts came in with him—as my master was not at home, I went and fetched Mr. Petherham—he came, looked at the books, and asked the price—I could not sat whether Watts was in the shop then, as he kept going in and out to look after the cart—Mr. Petherham asked whose books they were—Love said they were his, that he brought them from High Wycombe—I do not think Watts was in the shop then—the street being narrow the cart was moved from that street to Princes-street—Watts came in and out occasionally—Mr. Petherham eventually agreed to give 9l for them—Love received the money—Mr. Patherham noticed that the books were imperfect—Mr. Love said he could not tell, as they had been lying about, and the children might have got at them—he said he had been many years collecting them, and his father before him—Watts said he did not think any of the books he had looked over were imperfect, calling the other man "George"—those books have been shown to Mr. Harman, and he has identified them—I have not any doubt about the prisoners being the persons who were there.
Cross-examined. Q. Did Watts seem to take any more interest than to look after the horse and cart? A. No, sir, but merely the answer he made about the books being perfect—Love stated they were his, and he brought them from High Wycombe—Watts never claimed them.
JOHN PETHERHAM. I am a bookseller, and live in High Holborn. On the 27th of Jan. Stroud fetched me to his master's shop—I saw two men in the shop, one of whom I recognize as the prisoner Watts—he was about
the door and going in and out the whole of the time—the bargain took place with the other man—I did not see any cart—on the 21st of Feb. Watts came to my shop with Mr. Caulfield—I asked Watts where he lived—he told me, and I took it down—I asked him where the person lived who sold us the books when he was with him at Mr. Gregory's shop—he gave us his address as Charles Smith, keeping a beer-shop at Barnet—I believe he did not say whether he was any relation—I bought 103 or 104 books—I have produced 101, and three I threw into the waste paper drawer.
Cross-examined. Q. Where they valuable book? A. Some were and some were not—one was an old Annual Register, and some old grammars, which I did not value at 2d. a piece—I do not think Watts took any share in the sale.
MR. PAYNE. Q. Did you hear Watts say anything about the books being perfect? A. I do not recollect it—they were worth what I paid for them, on more—some of them were old and rare—I stated I would not have given 12l for them.
MR. BALLANTINE. Q. I it on your information that this matter has been raced? A. On Mr. Lilly's, Mr. Caulfield's, and mine—the police did not assist at all.
MR. HARMAN. This is one of my books—I could not tell what was the value of the 103 book—they cost me a great deal—this is a scarce book—the print makes it valuable—here are ancient and rare books amongst these—this one is a volume of very scarce tracts, which I was fond of collecting—I should say it is very valuable—I think you could not obtain it without paying some value for it—these book cost me a great deal of money—I may have been imposed upon—I sent my son for Mr. Mellish, the inspector and he came first—there was not a crowd of people there.
Cross-examined. Q. Have you met with any impediment in this investigation form Mr. Petherham? A. I have had no communication with him only before the Magistrate at Enfield—Mr. Mellish told me he had heard of the books heing sold to different booksellers, and he went there.
JOSEPH MELLISH (re-examined.) Q. How did you get information about this? A. In a round about way, from the booksellers coming to Enfield—I got information—they would not give direct information about it.
WATTS— NOT GUILTY.
EDWARD HARMAN. I lived at Clay-hill, Enfield. I had a large collection of books in a room on my premises, but not adjoining my house—on the 25th of Jan. I received information that that place had been broken into—this is one of my book—I only know by information that books has been taken, besides those that were taken in Jan.—I examined my library after the robbery in Jan., but I had no suspicion of the robbery which was said to have taken place in Oct.—my books were not placed some behind and some before—I did not miss any before Jan.—this is one of my books—this is another.
WILLIAM IIUNT CAULFIELD. I am a bookseller, and live in Gray's Innpassage. On Saturday, the 30th of Jan., Box brought thirty-one volumes of books to my place—they are here, this is one of them, and this another—these appear to be the same books—Box asked me if I would buy them—I looked at them, and remarked to a customer, that they were very curious—(some
of them were curious)—I asked Box where he brought them from—he said, "My name is Box, I live down the yard; I am acquainted with a person you know of the name of Deacon"—(I did not know such a person)—I asked him where he brought the books from, and whose they were—he said he was employed by a person, who was coachman to a lady in the neighbourhood of Brunswick-square—I asked him what he wanted for them—he said, "5l"—I said 5l for so few books—he said he was to have 4l, and all he got above that, he was to have for himself—I ultimately agreed to give him 4l, and I asked him several questions as to where he obtained them from—he said, "I hope there is nothing wrong in it; if I thought there had been anything wrong, I would have had nothing to do with it"—I asked if he would leave them till Money morning, as I had heard of the lot that had been sold to Mr. Petherham—(I am not certain whether I told him that)—he objected to that—I then asked him to leave them for an hour, as I had not got sufficient money to pay for them—he agreed, and I went to Mr. Gregory to ask about those sold to Mr. Petherham—Mr. Gregory rather strengthened my suspicion, and referred me to Mr. Bryan—he fancied them to be part of the same lot, and that they had been stolen—he advised me to pay box a sovereign—I paid him a sovereign as a deposit, and told him to bring the person who employed him to sell them, on Monday morning, and on Monday morning he brought Watts—I then said I wanted to know something more about the books, and asked Watts whose they were—he said they were partly his own, they had been given him by his cousin, one Charles Smith, who kept a beer-shop at Barnet—I asked how long they had been in his possession—he said about four month, that part of them had been given him by his cousin, and he was to choose them out of a larger lot—I asked him whose property they were previous to their coming into his cousin's possession—he said his cousin was in the habit of attending sales, and he purchased them at sales—he afterwards gave me his named and address, and the name and address of the person he worked for, Mr. Cain—I went with Mr. Lilly to Barnet, to inquire for this Charles Smith—we inquired all over Barnet, and found from the description which Mr. Lilly gave of Smith, that it resembled a person of the name of Charles Love, who had been there, but was gone from Barnet to Enfield.
Cross-examined. Q. I believe you received the address from Watts, and found it was the correct one? A. Yes, entirely so—he was living as a lady's coachman, and acting as such—I thought these book might be part of a robbery I had heard of at Enfield—I went with Mr. Lilly, and he went and saw Mr. Harman—he went with my authority and Mr. Petherham—that was on the 8th of Feb.—we went from Barnet to Enfield on the 1st of Feb.—I do not know Charles Love at all—I had no reason to doubt that there was a cousin of Watt's living at Enfield—Watts said his cousin had purchased the books at sales—I saw no desire to conceal them—he called my attention to where he was living—I asked him to step to Mr. Petherham's with me, and he did so very willingly MR. PANEY. Q. Would you have bought the books, supposing there had been anything suspicious? A. No—it was after I gave Box a sovereign, and told him to fetch his cmployer, that watts came—I believed that Watts had a cousin who kept a beer-shop at Barnet—I had no reason to believed that person's name was Charles Smith, only from what watts told me—I ascertained that Love kept a beer-shop there—I have no reason to believed that person was a collector of old books.
who called himself Charles Smith called upon me—(I described that person to the policeman)—he left seven or eight books with me, and said he would bring more—respectable person came with him, who I understand since was Watts' father—Smith said those were the kind of book, and he had some more in the country, which he would bring up if I liked—I told him he might bring them—in a few days he called with another person, and said he had brought the books up—that they were in a place in Lansdowne-mews—I went to that place to Watts'—they were in a room through the waiting-room—Smith said he brought them up that morning—I looked them over. And eventually purchased them—there were 140 or 150 of them—there might have been 160—I gave 7l for them—it was in a room over a stable in the Mews—I saw Watts there, but he was dressing himself, preparing to go out with the carriage—he did not seem to regard my being there—I do not think I spoke to him—in the lot of book I bought, there were three volume missing—the other volumes were there, but they were not fellow volumes—I expressed a wish to get the volumes belonging to them—on Monday, the 25th of Jan., Watts came to my shop and asked me the names of those missing volumes, and I gave him them on a piece of paper—I forget whether he said they had then brought up some book, or that they were expecting some from the country, but on the Wednesday he came and said they were come, and brought me two books, but they were not the fellow volumes, and I told him so—he said some more books were come with another man, and he thought they belonged to the other man—he did not think the former bringerup had the same interest in them—he did not say who the other man was—he did not give me any reason why the books were taken to his place in Lansdowne mews—he said he would let me know when the other party would like me to go to look at them—he did not let me know, but I called, and there were no books there—Watts was not there.
WILLIAM HENRY STROUD. On Wednesday, 27th of Jan. Watts came to my master's shop in a house and cart, with some books—there was a person named Love with him—Watts was in and out of the shop from time to time while Love was bargaining for the books—nine sovereigns were paid for them—I remember Mr. Petherham making an observation about the books being imperfect, and Love said they had been lying about, and the children might have got at them, as he had been years collecting them, and the father before him—Watts said he did not think any that he looked over were imperfect, calling the other man "George"—amongst the books there was this one, which is "poems by I. D., "and this other book.
MR. HARMAN. These are two of my books.
JOSEPH MELLISH. I am inspector of the N division of Police. I found Mr. Harman's place broken open—I took Watts into custody for on the 18th of Feb.—I said he must consider himself in custody, for being connected with others in stealing the books from Mr. Harman's—he said he knew nothing about them—I left him in custody of Sergeant Watkins—I afterwards took Box—he said he got the books from Watts, a lady's coachman, in Lansdown-mews—he first said he was to get 6l for them—then he said 5l, and then he said all he got above 4l he was to have for himself—he said he called round at Watts' to know if he had got any waste paper, and watts said he had got no waste paper, but he had got some books, and he said Watts had borrowed his horse and cart on several occasions—I know Charles Love—I have not had any description given to me of him by Mr. Lilly—I have tried to find Charles Love, but have not been able.
Corss-examined. Q.How long have you known Charles Love? A.Perhaps
six or twelve months—I know that he lives in the neighbourhood—I do not know him personally—he is a thief and poacher—I never knew him work—there are several public-houses there, not kept by him—he lives with his father sometimes, and sometimes with his brother, at Clay Hill, Enfield—his brother is farmer.
MR. PAYNE. Q.Did you ever know Charles Love as a collector of old and valuable books, and his father before him? A.No—he never kept a beer-shop at Barnet, at my knowledge.
RICHARD WATKINS (police-constable N 30.) I received Watts from the inspector—I told him he must consider himself as a prisoner, for being concerned in stealing books from Mr. Harman's—his answer was, "I did not steal them; my cousin, Charles Love, and a countryman brought them up at seven o'clock in the morning, a fortnight last Monday"—this was on the 13th of Feb., and that corresponded with 25th of Jan.—I asked him how he brought them up—he said, "In a horse and cart"—I asked him what they were in—he said, "In five sacks, four sacks full, and one about half full"—he said they looked like potato sacks—he said the books were put into his place, that his wife got breakfast for Love and the person who came with him, and he went about his business, that on the Wednesday following Charles Love come up, and they all went together to Box, and got his horse and cart, and went round to the different booksellers, and sold them as I knew—I have known Charles Love from a boy—I never knew him go by the name of Charles Smith—I heard of his keeping a beer-shop—I do not know it of my own knowledge—I never knew him to be a buyer of old books, of his father before him—I have known his father for twenty years, and him from a boy.
Cross-examined. Q.Did you ever know Mr. Harman was a collector of old books? A.I never knew him before—Love's father was a gardener, and he now keeps a beer-shop—he was a gardener when I first knew him—I should think he is in as good circumstances as ever he was—I have been in the police for twenty-six years.
EBENEZER NOCK. I as assistant to Samuel and Benjamin Nock, booksellers, in High Holborn and in Tottenham-court-road. On the evening of the 27th of Jan. a man named George William Love came me—he gave his name George Taylor—he came with some books—I cannot say that I saw Watts at that time—there was a man came to the door during the time that my brother made the agreement for the books—he gave 10l 5s for them—my brother had not sufficient money to pay for them, and I went to the other shop in the cart with Love and the other man to get the money—I paid the money to Love in the name of George Taylor—my brother wrote a receipt for him—I cannot say whether Watts was the other man—it was a little man—I road in the cart with him, but it was dark—these are five of the books I bought on the 27th.
MR. HARMAN. Four of these books I can identify—this other one I will not be positive about.
NOAH HUETT. I am a bookseller, and live in Prince'-street, Leicestersquare. On the 27th of Jan. I went to Mr. Hockley's, in Berner-street, between four and five o'clock—I saw two persons there, one tall and the other short—I have seen George William Love—I could not identify him as one of them—I do not think it was him—I have seen Watts—I do not think he was one—I was sent for the shop just to look some books over—I gave 8l 10sfor them—I first offered 8l—they wanted 10l—I think only one of the persons was in the shop at the time the offer was made—the other one was in and out—I road with the men in the cart down to my place—I paid
the money there, and received the books—there were between eighty and ninety volumes—I have sold three of the volumes for 2l 5s—these are some of them.
MR. HARMAN re-examined. These three books are mine—I have looked at the whole of them carefully, with very few exceptions, I acknowledge them all to be mine.
GUILTY. Aged 36.— Confined One Month.
GUILTY. Aged 18.— Confined Four Months.
GUILTY. Aged 23.— Confined Three Months.
875. WILLIAM GRIFFIN was indicted for stealing 1 tea kettle, value 5s; the goods of Ann Green:— also 1 shirt, 4d; 1 shift, 6d; and 1 cloak, 3d; the goods of James Bunce; and that he had been before convicted of felony; to both of which he pleaded
GUILTY. Aged 41.— Transported for Seven Years.
BENJAMIN CLAYTON. I am a farmer. The prisoner was in my employ as a carter—it was part of his duty to receive money for me—on the 8th of March I sent him to call on Mr. James Wright for the amount of a load of hay that Mr. Wright owed me—it was 3l 8s—I did not see the prisoner leave that day—I had directed him to go the night before—I saw him when he came home in the evening—I asked him if he had received the money—he said no, he had not, there was nobody at home—I sent him again on the 16th—I saw him at night, and asked if he had received it—he said no, he had seen young Mr. Wright, and he said he could not pay him, he was to call again—I sent him again on the 20th, and he said he had received it on that day, but he had lost it.
JAMES WRIGHT, Jun. On the 8th of March the prisoner came from the prosecutor, Mr. Clayton, and brought a letter inclosing the bill requesting, me to pay the 3l 8l, which I did on that day—I am quite certain of it—I did not see him on the 16th.
THOMAS WEBB. (police-sergeant S 35.) I took the prisoner into custody—he said he expected so as soon as he saw me—I said, "You are aware what it is for"—he said it was respecting some money he had lost—I said I had a warrant to take him for embezzling 3l 8s of his master, which he got from Mr. Wright.
Prisoner's Defence. I had lost part of it, and with a view to make the money up without letting him know I said I lost it.
GUILTY. Aged 39.—Recommended to mercy by Prosecutor. — Confined Three Months.
OLD COURT, Tuesday, April 6th, 1847.
Second Jury, before Mr. Recorder.
EDWARD ROBERTS (City policeman, No. 472.) On 4th March, a little before seven o'clock in the morning, I noticed the witness, Horn, going up Bread-street-hill with a sack on his back—after speaking to him, I took him to the station, and found that the sack contained white rags—I afterwards took the prisoner Bartlett into custody.
PETER HORN. I live at Bromley's-buildings, and am employed at Brooks' wharf, Thames-street at times—the prisoners were fellow-workmen there—on 3rd March they said they had a few waste rags, and asked me if I would take them home, and make the best use I could of them—they said they would leave them for me next morning—both prisoners spoke to me about it, and both told the same story—Bartlett spoke to me about it first, when we were at work together—in the course of the day they said they would give me something after I had sorted them; they did not say what—next morning I went to Brooks' wharf, and saw a person, who I took to be Mills, in the gallery—I cannot swear it was him, as they all dressed so much alike—I did not see that person do anything—I saw Bartlett on the wharf—they had told me the day before where I should find the sack—I picked it up in Brooks' Wharf-lane—I carried it along, and was stopped by the policeman.
Cross-examined by MR. PAYNE. Q. Did you ever work for a Mr. Mason? A. Yes—I left him on account of a sack of flour—he discharged me for it—he did not discharge me and take me back again on account of my large family, and then finally discharge me about the sack of flour—he only discharged me once—I have worked for Mr. Graham—he did not discharge me on suspicion of stealing—I was going to sell these rags for a drop of beer for the whole of the party.
Cross-examined by MR. PARNELL. Q. What do you mean by the whole of the party? A. I dare say the whole of the men on the wharf would have shared in it—five men worked there besides me—I cannot say where they were when I was told to take the rags—I had nothing to do there except jobbing—the five men were at work about the wharf when the rags were first mentioned—Bartlett spoke to me first—I cannot say whether the others heard or not, they were near enough to hear—I do not know that any were near enough to hear—I believe nobody could hear it but me—we did not talk about the rags any more that day—Mills spoke about them next—he said they had a bag of waste rags among them, and they wanted to get rid of them for a drop of beer—the other men did not say anything about it—Mr. Graham, the master of the wharf, employed me, he paid me by the hour—I had not been in the habit of selling sacks—this was the first time the thing was mentioned, except the sack of flour—I was taken into custody for this, and then said it was Bartlett.
WILLIAM MORTIMER. I am in the service of Mr. John Graham, the proprietor of Brook's wharf, Thames-street—the prisoners were labourers there at a guinea a week—they were not permitted to take rags or any other articles
as perquisites—I have a considerable quantity of rags consigned to my care in the warehouse—the bag found on Horn contained from 1/2 cwt. to 3/4 cwt., and was worth about 1l—they are such as we still have on the premises—there is no mark on the sack taken away—there are marks on the sacks in the warehouse—I do not know where this sack came from—it was not the original sack.
Cross-examined by MR. PAYNE. Q. You cannot swear to the rags, you only say they are similar to what you had? A. That is all.
Cross-examined by MR. PARNELL. Q. You employed Horn? A. Yes, as a labourer, by the hour—we used to take him on till the work is done, and then discharge him.
COURT. Q. Do you know of any quantity of rags being delivered beyond what is mentioned in your invoices? A. No—we have a large quantity on the premises—I never heard anything against the prisoners' characters before.
EDWARD ROBERTS re-examined. I was present before the Lord Mayor when the prisoners made a statement—it was taken down—this is the Lord Mayor's writing—I heard this statement—(read—"The prisoner, Mills, says, 'This was a bag over; there were twenty-seven bags delivered, which was one over; there were four of us, and we were to share the money' "—"The prisoner, Bartlett, says, 'We gave Horn the bag to sell for the benefit of us all' ")
Cross-examined by MR. PAYNE. Q. Were the prisoners asked if they would sign this? A. Yes, they did not wish to sign.
COURT. Q. State exactly what passed? A. The chief clerk asked if they would sign it, they said they did not wish to—I believe all they said was, "I do not wish to sign it."
MR. PAYNE. Q. Did not they say they would not sign it? A. I will not swear that.
WILLIAM DOBSON REES. I am assistant to Mr. Lumley, a bookseller, of Chancery-lane. On 23rd March the prisoner came to the shop, and offered this "Richards's Book of Costs" for sale—I bought it of him for 1s
Cross-examined by MR. PAYNE. Q. You are sure this is the book you bought? A. Yes—I have kept it ever since—we had no other copy.
Cross-examined. Q. When had you seen it safe? A. On Friday, the 19th—I missed it on Saturday—I did not see it on the Saturday at all—I have had it two months—there was a mark on it, but he has taken it off—it was marked 12s, and there was a printed ticket—there is no mark of any ticket having been there, but they could easily get it off; we only just touch the corners with paste—I have a boy in my shop, and also my mother, who is my partner—they both sell books—if this book had been sold I should have received the money for it—the shop-boy never receives money—my mother does; she never sold it—she is not here—she takes the money, and hands it over to me directly she receives it—I receive it all—directly I missed the book I asked if it had been sold—my mother said, "No"—I know it, because it has been in some one's possession before, and the leaves are ploughed—I put out the book myself of a morning, and I have put out that book every morning for two months—I am satisfied it is mine.
into custody at a shop in Chancery-lane—I inquired what he had done with the book of costs which he had offered for sale at that shop in the morning—he said he had sold it in the street, to a clerk whom he knew, for 3s,
Cross-examined. Q. He said it was his own? A. Yes.
MR. PAYNE. Called.
MARY KERR. I am wife to a solicitor's clerk. I know the prisoner—I have seen a 'Richard's Book of Costs" in his possession for the last four or five months—it was like the one produced—I could not say this is the book, but it is like it.
COURT. Q. Where have you seen it? A. Where I live, at No. 20, Tash-street, Gray's-inn-road—when he and his mother-in-law fell out, we took him in, and kept him for a week.
(The prisoner received a good character.)
WILLIAM HUNT. I am a warehouseman, and live in High Holborn, On the 14th of March, about ten o'clock in the evening, I was going along Holborn with my wife and family—I felt somebody at my pocket, turned round, and saw the prisoner close to me—I missed my handkerchief—the prisoner passed me, and went into a public-house—I stood there—in a short time he came out, and I charged him with taking my handkerchief from my pocket—he denied it—I said I was quite positive it must be him, as there was nobody else near me at the time—I rubbed my hand down his clothes, and found he had a handkerchief—I said, "Let me see what you have got"—he begged very hard to go to his father in Long-lane—I said, "No, I am sure you have got my handkerchief"—I insisted on searching his pocket—he opened his coat to show me there was nothing—I said, "Let me see what you have got in your coat pocket"—he would not—some people and two policeman came up—I? dived my hand into his pocket, and took my handkerchief out.
Cross-examined by MR. HORRY? Q. How long was he in the public-house? A. Two or three minutes—I did not go in after him, because at first I was not certain I had lost it, having other things in my pocket—this is the handkerchief—(produced)—I know it from its general character, and from the rose in the corner—the rose is part of the pattern—there may be others of the same pattern—I should say it is here, and is mine—my wife can swear to it—the prisoner did not say it was his—my handkerchief was gone, and it was exactly like this, and the prisoner was the only person near enough to have taken it.
MRS. HUNT. I am the prosecutor's wife—(looking at the handkerchief)—these are the colours of my husband's handkerchief, but it is not his—the centre is different—his was more the pattern of the ceiling of this Court—I have had it in my hand numbers of times—he had but one of this pattern—it had a red centre, but this certainly is not the pattern our handkerchief was—it is precisely the same colours, but it is not the same handkerchief—ours had a rose in the corner, but the centre was different; it was not interwoven as this is—I am sure it is not the same pattern—it has got a hem—my daughters generally hem my husband's handkerchiefs—I cannot be positive of my daughters' work—this looks more cobbley than they generally workthey work freer, and not like this.
this handkerchief from the prisoner's pocket—the prisoner had denied having it—when it was produced he said nothing, but began to cry, and wished not to be locked up—this is the handkerchief—I have not changed it and brought another—Mr. Hunt was with her husband at the time—she saw it then, and said it was her husband's
MRS. HUNT re-examined. I did say so, because it was precisely the same coloured handkerchief—I did not have it opened.
JOHN BAKER (police-constable M 72.) On the 12 of March I was in the Blackfriars-road, near Holland-street, and saw the prisoners together with another person, named Lambert, walking abreast of each other, very closely—I saw Mr. Marshall a few yards before them—as I knew them, I followed them—when they got about midway on the bridge the third person drew the handkerchief from Mr. Marshall's pocket, and turned round to hand it to the prisoners who were together behind—there was a scuffle which of the two should take it—Swells took it, and put it into his right-hand breeches pocket—I followed, and took it from his pocket—both prisoners' hands were together, scuffling who should take it—they were secured—the third man escaped.
Jones. Q. How was it you did not take me when you took the other? A. You escaped—as soon as I caught hold of Swells you ran over the bridge—there was a witness close by, and I sent him after the prosecutor to apprise him of his loss, and afterwards to follow you, and give you into the custody of the first constable he met—Lambert ran away as soon as I caught hold of Swells—a City constable brought you back from over the bridge—you went towards Bridge-street.
JAMES WELLS. I live at Ann's-place, Lant-street, Southwark, and am one of the beadles of St. George's church. On 12th march, about six o'clock, I saw the prisoners and a third person together in Holland-street—they followed a gentleman on to the second arch of the bridge—I saw the one not in custody draw a handkerchief from the gentleman's pocket—there was a scuffle between the prisoners which should have it—I saw the constable take the handkerchief from Swells' pocket—he told me to go and tell the gentleman of his loss—I did so, and went on to a City-policeman, and gave Jones into custody.
Jones. Q. Was I before you on the bridge when you stopped the gentleman and asked him? A. Yes—you did not go between us, you walked on before—you were on the further side of the bridge, when you were taken—you ran at first.
HENTRY MARSHALL. I am an auctioneer, and live in Moorgate-street—this is my handkerchief—I know it from the pattern, and also from its manufacture—it is not all silk, it is a mixture—I had it with me on the day in question—I was not aware I had lost it till Wells came after me.
Cross-examined by. MR. BALLANTINE. Q. Do you swear positively to it? A. Yes—I have no other name than Henry.
JAMES BARBER (City-policeman No. 322.) Wells pointed out the prisoner Jones to me—when I first saw him he was on the bridge, running—he was walking when I took him into custody, about a hundred yards off—I did not lose sight of him.
Jones. Q. Did you see me near either of the others? A. No—I asked you if you knew Swells—you said he was a perfect stranger, you had never seen him before in your life.
Jone's Defence. Swells can prove I was not in his company.
(William Goodrick, bookseller, of Paternoster-row, deposed to Swells' good character.) JONES— GUILTY.* Aged 18.
SWELLS— GUILTY. Aged 18.
Nicholas Conne. I am an engraver on glass, and live at No. 33, Princes-street, Leicester-square—the prisoner was an apprentice of mine for about a year—he left me at the end of Feb., without giving me any notice—he returned to work on the 1st March—he had been absent a week—I missed some goblets and claret glasses from my workshop, and afterwards I missed the other glasses.
Cross-examined by MR. BALLANTINE. Q. I believe he conducted himself very well for some time? A. He was not regular in his work—I had raised his wages 2s a week—that was not in consequence of his good conduct, but to encourage him—he had 8s and I made it 10s—I did not exactly know that he had a father and mother who were destitute—he did not ask me for money, saying there was no bread at home—he never applied to me for 6d, or any other small sum—I think he has borrowed pennies of some of the workmen.
COURT. Q. Did you pay his wages to his parents of himself? A. To himself—sometimes his parents would come and fetch it, on account of not being able to get it from him—the glasses produced are all my property—they are English manufacture, from my own drawings.
HENRY EDWARD BONHAM. I am an assistant to George Mitford Young, of Princes-street, Leicester-square. I produce 13 glasses, which have been identified by the last witness—they were pledged with me between the 18th and 23rd Feb.—I received 11 of them from the prisoner—I lent 1s on this claret glass—the sum raised on all the glasses was 11s 6d Cross-examined. Q. I suppose you knew the boy? A. He lives close by—I had never seen him before to my knowledge—I did not know who he was—I asked him who he was, he told me he lived in King-street—he did not tell me he lived with Mr. Conne—I inquired how he came by the glasses—he said he and his brother were glass engravers, and the glasses were a job; that they had a dozen of them, and as soon as they were done he should take them home, but he wanted a little temporary money.
JOSEPH MOUNT (policeman C 3.) I apprehended the prisoner at Mr. Conne's shop—after he was identified by the pawnbroker, he told me the duplicates were on a shelf in the garden—I went and found them there—there were six of them.
Cross-examined. Q. Did he likewise say that he intended to redeem the articles? A. He told me that he would if possible—he said he had no money and no bread, which induced him to do it—I went to his parents' house—they seemed poor, but in tolerably good circumstances—I should not have supposed them distressed—I have seen the father—he seems a very respectable sort of man.
GUILTY. Aged 17.—Recommended to Mercy. — Confined Three months.
PHILIP DORSET GOEPEL. I am a clerk in the Alliance Assurance-office, and live at No. 16, Stonefield-street, Liverpool-road, Islington. About five o'clock on Monday evening, the 22nd of March, I was in King William-street—a horse had fallen down in the street—I stopped to look at it, and perceived a pressure at my waistcoat pocket, as if of some one wrenching—I noticed the prisoner near there—he was in front of me—he passed round, and appeared to be holding out his hand as if passing something to another person, who leaned forward as if receiving something from him, and they ran through the crowd—I was not able to discern his features—he said words to the purport of "Here it is," as he passed it to his companion—he was standing before me when I felt the pressure—I seized hold of him by his arm, and charged him with having my watch—he denied it—it was while I had hold of one of his arms that he appeared as if passing something—I felt as if something was wrenched from me—the man who appeared to receive something from the prisoner ran through the crowd and got off.
Cross-examined by MR. BALLANTINE. Q. Had you hold of him when he held out the other arm? A. Yes—I felt his pockets afterwards, and the inside of his great coat pocket, after he had handed the something to somebody else—I felt in his waistcoat pocket—I do not remember that I told anybody that he had handed anything to anybody else until I felt in his pockets—I do not remember saying anything to that effect—I may have told the people standing by—I am not able to swear to the words he said to the other person—I understood the words to be, "Here it is"—there was a crowd of people round—the man running through the crowd created a confusion—I was laying hold of the prisoner, and did not notice.
EDWARD KINCH (City police-constable, No. 569) On Monday afternoon, the 22nd of March, I was on duty in King William-street, and noticed Goepel having hold of the prisoner—he gave him into my custody; charged with stealing his watch—the charge was stated in the prisoner's presence—he denied it, said he was innocent, and could prove his respectability—I asked if he was in employment, and he said he was—I asked how he was employed—he said as a printer—I asked if he was then engaged as a journeyman—he said he was—I asked where—he said at Snow-hill—at the station, in answer to a question from the inspector on duty, he said he worked at the printing business, on his own account, at Snow-hill, that the house was occupied by his sister, and the printing apparatus was there—I went to the house, and found his sister—she said he was not a printer, and that there was nothing there belonging to him—there were no printing things there—I found 4l 13s on him: he claimed it, and said he had saved it from his industry—I produce the ring which was hanging on the chain round Mr. Goepel's neck, which was attached to the watch—it must have been severed by violence—I believe it is silver.
Cross-examined. Q. Did you see the chain? A. Yes, it was on Mr. Goepel's neck.
MR. GOEPEL re-examined. I have not the chain here—this ring was attached to it.
Cross-examined. Q. Where there any ladies in the crowd, who said they had seen somebody else take it? A. Some ladies said a man had run across the road, who had my watch, but not who had taken it—they did not say they had seen him take it, or anything of the kind.
Aug., 1844, in the name of Richard Doyle, of larceny, and confined six months)—I was present at the trial—the prisoner is the person—it was for taking a handkerchief from a person in the street.
GUILTY.** Aged 20.— Transported for Ten Years.
883. GEORGE HIGGINS and EDWARD ALBERT , were indicted for stealing 1 pair of trowsers, value 5s, the goods of Thomas Jolliffe; and WILLIAM YATES , for feloniously receiving the same; to which Albert pleaded
GUILTY. Aged 16.— Confined One Month and Whipped.
MARGARET JOLLIFFE. I am the wife of Thomas Jolliffe, a clothier, of Notting-hill. On the 27th of Feb. I hung a pair of trowsers on the rail, in front of the house—I missed them in a few minutes—these produced are them—they are my husband's.
Cross-examined by Mr. PAYNE. Q. How do you know them? A. By this stain, and here is the thread where the private mark was sewn on.
SUSAN MEARS. I am eleven years old, and live with my father and mother in Camden-street. On the 27th of Feb., at half-past one o'clock, I was coming down Silver-street, and saw Albert take a pair of trowsers, and give them to Higgins—they went towards London—I told my mother, and she sent me to tell Mr. Jolliffe—I did not see Yates.
Cross-examined. Q. Are you quite sure Higgins was there? A. Quite—I had never seen him before—I knew him when I saw him again—I am not mistaken about him—I never mistook any one—I knew Albert before.
JOHN BIGGERS. I am assistant to Mr. Wells, a pawnbroker of Kennington. On the 27th of Feb., about the middle of the day, Yates came to the shop, and pledged a pair of trowsers for half a crown, in the name of Yates—he was alone—our shop is two or three streets's from Mr. Jolliffe's.
(The prisoners Yates and Higgins received good characters.)
HIGGINS— GUILTY. Aged 16.— Confined One Month.
YATES— GUILTY. Aged 18.— Confined Two Month.
GUILTY. Aged 28.— Transported for Ten years.
GUILTY. Aged 20.— Judgment Respited.
LYDIA SUSAN PARSONS. I am the daughter of Thomas Parsons, shoemaker, of Old Brentford. On the 17th of March, between two and three in the afternoon, the prisoner came to my father's shop, and said his mistress, Mr. Gilbert, of Goodenough House, Ealing, had sent him for some boots and shoes for her to look at, he pointed to some boots and shoes in the window, and said he had tried them on in my father's presence—I left him take a pair of men's Wellington boots, and a pair of low shoes to look at, believing
his statement—he said he wanted them to wait at table in—I knew that Mr. Gilbert lived at Goodenough House.
Prisoner. I did not say anything about my mistress; I looked at a pair to suit me; I said they were for my father, and if approved of, I would come back with the money.
Witness. He said his mistress—he did not say his father—he has no father at Ealing—he said he would come back with the money—I expected the money to be brought—I did not say before the Magistrate that he said nothing about his mistress, but only mentioned Goodenough House—he said Mr. Gilbert wished to see them—that they were for him to wait at table in, and that it was dinner-time then.
Prisoner. I would have paid for the boots but had not time. Witness. He had left the service when he got the boots, and was apprehended a week after.
THOMAS PARSONS. I am a shoe-maker, and live at Brentford. I remember the prisoner bringing some shoes to be mended—he tried on two pair, but neither would fit—he came again—I had another pair which he tried on, and had a pair away—he said his father, who was an omnibus driver at Ealing, would come down on Monday or Tuesday and choose him a pair—he said nothing to me about Mr. Gilbert, except that he lived there—I think he said his father's name was Smith—I am certain it was a false name.
Prisoner. I said nothing about my father being an omnibus-driver.
Witness He did; and said he had been there about three months.
SARAH ROSE GILBERT. The prisoner lived in my service for about four months—he left on the 17th of March, about one o'clock in the day—I never sent him to Parsons for any boots or shoes—I never told him I wanted a pair of Wellington boots, and a pair of Oxonians to look at—I never dealt with Mr. Parsons—when the prisoner first came to us, I sent the gardener's wife to buy him a jacket and some shoes, which she paid for—I never authorised him to purchase any articles—my son had paid his wages, a sovereign, about ten minutes after one o'clock.
JOHN SMITH (police-constable T. 92.) I went to Romford, in Essex, and found the prisoner there at his mother's—I told him I had a warrant against him for obtaining a pair of Wellington boots, and a pair of shoes, from Mr. Parsons, by saying that he lived at Mr. Gilbert's, at Goodenough House—he said if I wanted the boots and shoes he would give them to me, but I need not take him—he gave me the boots and shoes, and said he would pay me the money they came to—I took him in charge.
(The prisoner received a good character.)
GUILTY. Aged 17.— Confined Three Months.
WILLIAM JOHN BAYNHAM. . I am a coffee-house keeper, and live in Popping-court, Fleet-street, in the parish of St. Bride's—it is my dwelling-house. On the 12th of Nov. the prisoners came to my house, and took a lodging for the night on the first floor—they passed as brothers, but the name of William and Philip Reeve, and next day they took the third-floor room by the week—Reeve
had obtained work the following Monday, as a gas-fitters, opposite the post-office—they remained with me tell the 26th of Nov.—I expected them to return to dinner that day—they did not, and at about twelve o'clock in the day I discovered that a trunk on the second floor had been opened, and a cash-box which was in it also—I had locked them previously—I had placed the cashbox there about seven o'clock evening before—I missed from it a 50l. note, No. 2242, and dated 8th Oct., 1846; two 10l. notes, Nos. 21623 and 21624, dated 4th Nov., 1846; several sovereign, and some silver—I had obtained five 10l notes, and the 50l. note the day before, at the London and Westminster Bank—I saw no more of the prisoners till the 3rd of March, when I met them in Great George-street, Westminster—they saw me, and ran in different direction—I followed—Smith was stopped by a policeman in Old Palace-yard—I afterwards was sent for, and saw him at the fleet station-house—he said to me, "Do not you wish you had your money?"—he said he knew where the 50l. note was; that he had placed it in the pendulum of a clock in the kitchen at Mr. Parker's, a pudler, at Tipton-hill Top, near Wolverhampton—he said that voluntarily—he said he hoped I should be lenient to him—I said it would be known that he said it was in the clock—he was quite sober when he said this—the trunk had been opened by a false key, and the cash-box was forced open—I went to Wolverhampton—there were so many people of the name of Parker there that we could not trace them, but found the 50l. note had been changed at Mr. Halford's, ajeweller's, at Wolverhamton—we have traced it to the bank.
Prisoner Reeve. Q.Did anybody else sleep there that night? A.No—several came there to breakfast—a pane of glass was put in the window of another room several days before, not of this room.
JOSEPH OCKLEY (police-constable A 153.) On the 3rd of March, between two and three o'clock in the afternoon, I was on duty at the house of Commons—Mr. Baynham pointed out Smith to me in Palace-yard—I pursued and found him in a coal-wharf in Abingdon-street—I said, "I went you"—he said, "What for?"—I said, "A person charges you with robbing him"—he said, "Who is it; how can he prove I have robbed him?"—I said, "He is up in the street; let us go and hear what he has to say"—when he came into the street he saw Mr. Baynham, and said, "How can you prove I have robbed you?"—Mr. Baynham made some answer—I took Smith to the station, searched him, and found 8l. on him—I afterwards took him to Fleet-street station—coming towards the City, he said, "I have seen something about this in the newspapers; we owed him some money while we were with him, and that is the reason he has charged as with stealing the money, I suppose"—I said I should have to mention what he said to me—he said nothing more till he got to the station—he there said to Mr. Baynham, "Would not you like to get your money again, old fellow?"
Prisoner Smith. I had not sober; I was very sick at the first station.
Witness. He was sober, and was not at all sick—he might have been sick after I left him—he was about an hour and a half at the first station.
MR. BAYNHAM re-examined. I obtained the number of the note the folliowing day, at the London and Westminster Bank—I did not have it before, WILLIUM ASTLE. I am a clerk in the London and Westminster Bank, This 50l. note produced I find I paid on the 25th of Nov., with some 10l. notes, To the prosecutor—two of the 10l. notes were Nos. 21643, and 21644.
STEPHEN SAUNDERS (City police-constable, No. 55.) On the 3rd of March I was station-serjeant at the Fleet-street-station—Smith was brought there, and requested me to send for Mr. Baynham, as he said he could tell him where the 50l note was—Mr. Baynham came in the evening, I went into the cell with him—the prisoner asked him whether he would like to have the 50l note again—he said, "Yes"—the prisoner said he could tell him where it was—I cautioned him that anything he said would be taken down and used against him—he then said the 50l note was in the pendulum of a clock at Mr. Parker's a puddler, at Tipton-hill top, about six miles from Wolverhampton—that it was in the kitchen, and was an old-fashioned double-cased clock, and the note was placed in the hollow of the pendulum—I afterwards went to Smith, and told him the note had been paid into the Bank—he said it was Impossible, for no one but him knew where it was—Mr. Baynham went to Wolverhampton.
Prisoner Smith. I was rather fresh. Witness He was not, but was perfectly sober when he came to the station—this was about eight o'clock.
MR. BAYNHAM re-examined. I went to Wolverhamoton—I did not go to Parker, at Tipton-hill top—I had a communication with the chief-constable there—he traced the note to a jeweller's, who had cashed it—we could not trace it further.
EPHRAIM SAMUEL JOSEPH. I am apprentice to Mr. Moseley, a watchmaker and jeweller, of High-street, Southampton, Hampshire. On the 28th of Nov., in the evening, the prisoner Reeves came to the shop, and asked to look at a gold watch—I showed him one at 13l—he bought it at 12l 10s, and tendered a 50l Bank note—I did not take the number of it, but know the one produced to be it, because I wrote on the back of it, "Philip Hughes, White Horse, Brighton, staying at the White Hart, Southampton"—I asked him his name again and he said, "Philip Reeves," and corrected himself directly, saying, "Hughes I mean"—I fetched a neighbour to the shop, who asked him to write his name on the back—he took a pen, and wrote "Philep," them put the pen down, said he was nervous, and could not write—he said the note belonged to his father—we told him to get his father to write his name on the note—he said he would do so, went away with the note, and never returned—I know nothing of this "Hughst" on the note—he only wrote "Philep"in our shop.
prisoner Reeves. I never saw him before, and never was at Southampton.
DANIEL OLIVER. I am in the employment of Mr. Mason, a jeweler, of High-street Colchester. On the 2nd of Dec. I was in the employment of Mr. Holford, of High-green, Wolverhampton—on that day a man and woman came into the shop for some wedding rings—I sold one for 12s—I believe Reeves to be the man, but should not like to swear to him—a Bank note was tendered—I did not know the value of it till I took it to Fryer's Bank, and got it changed, writing my employer's name on the back—this "G. Holford, 2nd Dec., 1846" is my writing (looking at the 50l. note)—I am certain this is the note.
Prisoner Reeves. I never saw the man in my life.
GEORGE HOLFORD. I live at High-green, Wolverhampton. On the 2nd of Dec. Oliver applied to me to change a note—I sent him to the banker's for the Change—I went into the shop, and saw an elderly woman and a man, whom I believe to be Reeves—that is the very strong impression on my mind—I sold them a wedding ring and brooch—I thought they were going to be married— —the woman was about ten years older than him—I was not aware it was a 50l note—when Oliver returned he sold the woman another brooch, which
was paid for out of the note—I was then aware that it was a 50l note—I live about six miles from Tipton-hill—I do not know Parker—a puddler is a worker at the iron works.
MR. BAYNH AM re-examined. I had an anonymous letter from Wolverhampton, evidently not written in a natural hand—it was not many days after the prisoner had said the note was in the pendulum—on the morning of the robbery both prisoners went out—it was only usual for the one who was in work to go, but the other went, saying he expected to find work with his brother.
Smith's Defence. We ran away from Mr. Baynham's because we owed him a few shilling for lodgings, and had no means of paying him.
Reeve's Defence. On the day I left Baynham's I went to Birmingham with my wife.
SMITH— GUILTY. Aged 23.
REEVES— GUILTY. Aged 27.
Transported for Fifteen Years.
FREDERICK RICHARDSON. I live at No. 51, High-street, Portland-town, On the 27th of Feb., between two and three o'clock in the afternoon, I went to my door, and saw the prisoner and another go to the shop of Mr. Hughes, a cheesemonger, opposite—the prisoner kicked a fowl which laid under the stall-board, took it up, ran away with it, and attempted to give it to the other boy, but seeing me he dropped it—I secured the prisoner—he asked what I wanted of him, saying he was going to catch the other boy.
GUILTY. Aged 16.— Confined Seven Days.
NEW COURT.—Tuesday, April 6th, 1847.
PRESENT—Mr. Alderman FAREBROTHER; Mr. Alderman SIDNEY; and
Mr. COMMON SERGEANT.
MESSRS. ELLIS and DOANE conducted the Prosecution.
MARIA ELLIOTT . I live in Haberdasher-place, Hoxton. The prisoner Holman came to my shop on the 20th of March, after seven o'clock in the evening, for a penny ball of cotton—I served her—she gave me a shilling—I saw it was bad, and told her so—I gave it back to her—I am sure she is the person she left, and Kemp the officer came in in about two minutes.
Cross-examined by MR. HORRY. Q. When you told her it was bad she walked out, she did not attempt to run out? A. No.
HARRIET CASSELL. I am the wife of Joseph Cassell—we keep a milliner's shop in Hackney-road. Holman came there on Saturday evening, the 20th of March, for a penny cap-caul—she offered me a shilling—I noticed it was bad—I gave it her, and told her it was bad—she went out.
EBENEZER HOANE. I am a news vender, and live Kingsland-road. On the 20th of March the female prisoner came to my shop at a little after seven o'clock, for a pennyworth of burnt almonds—she gave me a shilling—I did not examine it particularly—I gave her the change, two 4d pieces and 8d in copper—she went away—I put the shilling in a small box—there was one other shilling, which was a good one, in that box—I put the one I received from her on the top of the other—Kemp came in, in not more than three minutes, and in consequence of what he said I took the top shilling out of the box—I am sure that was the very shilling the prisoner gave me—I handed it to Kemp—he bent it, and returned it to me—he called on me in about twenty minutes, and I gave him the same shilling—I marked it—no one had been near the box from the time I put the shilling into it.
MARY HARRISON, I am the wife of Edward Harrison—we keep a stationer's shop in Kingsland-road. On Saturday, the 20th of March, between seven and eight o'clock, the female prisoner came for a penny publication, called the "Family Herald"—I served her, and she offered me a shilling—I saw it was had—I bent it and gave it her back—she said she had not another, and was going out, when the policeman came in and took it out of her hand—he then fetched in the male prisoner, and searched him in my presence—I heard some money drop on the floor of the shop—I was a little distance from him—I saw the money at his feet, and the policeman pick it up—I picked up a bit of paper with a bad shilling inside—I picked that up directly the shop was cleared, just where the male prisoner had stood—I gave it to the policeman.
GEORGE KEMP (police-constable N 82.) I was in the neighbourhood of Hackney-road on the 20th of March, about seven o'clock in the evening—I saw the prisoner Montriou, whom I used to know by the name of Watson—he was standing near the Refuge, in the Hackney-road—I then saw the female prisoner come out of a shop in Thomas-street—she walked to Montriou, who was about half-a-dozen yards from the shop—I saw something pass between them—I could not see what it was, but I saw a hand pass from the female to the male, and then something passed from the male to the female—the female then went into Mr. Elliott's shop, and the male waited outside, a few yards from the shop door—he remained there, till the female came out, about a couple of minutes—she joined him again, and they went to Mr. Cassell's, a milliner's shop in Hackney-road—the female went in there, the male stood on the opposite side of the way—he crossed—I saw the female come out and join him again, and they went to Mr. Hoane's, in Kingsland-road—the female went in, and the man stood opposite—he crossed the road and looked in at the window, while the female was in the shop—she left the shop and joined him again—I went into the shop directly, and Mr. Hoane gave me a shilling—I said it was bad—this is it—I then went back after the prisoners—I saw them again, and saw something pass from the male to the female, and they went to Mr. Harrison's shop—the female went in, and the male was outside, looking through the window—I then saw him walk away—I went into the shop while the female was there—I saw Mr. Harrison give her black a shilling in her hand, and I seized her by her hand while she had the shilling—I took it out of her hand—this is it—I went out
immediately after the male prisoner, who was close at hand—I took him some few minutes after—he was standing with his hands in his pockets—I took hold of him by the two shoulders, turned him round, and from his trowsers dropped two shillings—these are them—he turned round, used a bad expression, and while there he dropped some copper money down the legs of his trowsers—I picked it up—it was loose—it was not bad that I could see—one shilling was afterwards picked up by Mr. Harrison, which she gave me—this is it—I found on him a ball of cotton and this lace.
Cross-examined. Q. What was the whole distance you followed these people? A. A mile down Hackney-road, and Kingsland-road—whenever the female came out, she was joined by the male—or she joined him, and then they went on again—I should think the second shop was a hundred yards from the first.
HOLMAN— GUILTY. Aged 24.— Confined Three Months.
MONTRIOU— GUILTY. Aged 17.— Confined Nine Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
JOHN HESSRS CARPENTER. I am shopman to Mr. Arnold, In Watling-street. On 10th March, the prisoner came to my master's shop, from half-past seven to a quarter to eight, for a penny suavely and a black pudding—I told him we had no penny suavely, they were 1 ½d.—he said he would take two black puddings, which came to 2d.—he gave me a bad sixpence—I bit it in half—I kept it my hand, and told him it was bad—he put his hand in his pocket, took out 1 ½d., and said that was all the money he had—I saw there was another sixpence between the three halfpence, and I told him he had one—he said he had not—I went round the counter, and told him if he would not show it me I would give him in charge—he then put his hand into his pocket, and put it up to his mouth—I took hold of him and sent for a policeman—during that time he dropped two other sixpences—I picked them up and gave them to the policeman, and the two halves of a sixpence—I gave the prisoner into custody—I do not know what because of the sixpence he had in his hand—I cannot swear which of his hands he put up to his mouth.
THOMAS RICHARDS (City police-constable No. 486.) On the 10th of March I was called to Carpenter's shop—I saw him pick up two sixpences, which he gave me—these are the two halves which I got from him—I took the prisoner to the station—I found on him a fourpenny piece and 3s.7 ½d. in copper—I asked him his name, he refused to give it me.
Prisoner's Defence. I had been collecting a few small debts, amounting to 7s. 6d.—I company with two young men, and took too much to drink; I stopped all night with them; I only remember one of them giving me change for half-a-crown; whether what he gave me was good or not I did not notice, except that there were four sixpence—at four o'clock in the morning we came in the City, and went to a coffee-shop, where I fell asleep, and remained till seven o'clock; I was not aware the money was bad till the shopkeeper gave it me back; I offered to pay for it with another, which I dropped; he took it up, and said that was bad also.
GUILTY. Aged 25.— Confined Six Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
CHARLOTTE BRADDICK. My husband is a dairyman, and we live in Oxford-street. On the 1st of March the prisoner came for an egg, which came to 1d, he gave me a shilling. I did not find it was a bad one at the moment—I gave him change, and he went away—I then satisfied myself that the shilling was bad—I marked it, and put it by itself in a drawer—on Saturday, 6th March, the prisoner came again for an egg, and gave me another bad shilling,—I said, "This is a bad shilling—you were here on Monday, and gave me a bad shilling"—he said, "No I did not, I have not been in Oxford-street for a month"—I called in the officer—I marked the second shilling, and gave them both to the officer.
(The prisoner received a good character, and his master engaged to take him back into his service.)
Aged 17.— Confined Two Days.
MESSERS. ELLIS and DOANE conducted the Prosecution.
GEORGE HIGGS. My father, James Higgs, keeps the Wellington inn, at Shepherd's-bush. I saw the prisoner there on the 23rd of Feb., between seven and eight o'clock in the evening—he asked for two penny worth of gin, and offered a half-crown in payment—I took it up, and gave him in change a shilling, two sixpences, and a four penny piece—a minute or two after he was gone I found the half-crown was bad—I still had it in my hand—I went in pursuit of the prisoner, and brought him back—I gave the half-crown to the policeman—I am sure it is the one the prisoner gave me.
JAMES HIGGS, Jun. I live at the Wellington, at Shepherd's-bush. The prisoner came to my father's on the 23rd of Feb., for tow pennyworth of gin—I drew it—I saw him lay a half-crown on the counter—I saw my brother take it up.
JESSE ALLEN (police-constable T 106.) The prisoner was given into my custody—I took him to the Wellington—I found a good half-crown and a penny on him—as I took him to the station, I had hold of his right arm—he threw away a counterfeit half-crown with his other hand, which struck me in the face—it fell on the foot-path—I saw Williams close by me—I told him to pick it up, which he did, and gave it to me—this is it.
Prisoner. I had only one piece; I did not know it was bad.
GUILTY. Aged 23.— Confined Six Months.
MESSERS. ELLIS and DOANE conducted the Prosecution.
Feb. the prisoner came into my shop, about nine o' clock in the evening—he asked for some calico—I cut him off three yards and a half—it came to 1s 3d—he put down a shilling and three penny pieces—I saw the shilling was bad—he then asked the price of some handkerchief, and said he should want some in a day or two, and he would come in again—I said, "You know this is a bad shilling which you gave me"—he said, "God bless me, is it?"—he took out three good shilling, and gave me one—I broke the bad one in two—one piece dropped on the counter, and he took it up—I kept the other piece—he went out, and I followed him—he joined another man on the opposite side of the way, and they went down Jamaica-street—I followed, and passed them—I crossed the street again, and they went along on the other side—the prisoner went into the Rose and Crown, and I went in after him—he threw down a shilling on the bar, and said something, but I could not hear what—the landlady was there, who is exceedingly deaf—she was reaching down a bottle—I picked up the shilling—I put it between my teeth, and found it was bad—I said, "Halloo, my lad, this is another one—you are my prisoner"—I laid hold of him, and a scuffle ensued—I collared him—he struck me several blows on the head and face—I still held him—we got into the street—he slipped out of his coat, his hat fell off, and he ran up Charles-street, and left his coat with me—several person followed him, and he was brought back—I am sure he is the man—I marked the shilling, and gave that, and the half of the other shilling to the policeman.
Prisoner. I had no calico when I was taken; is it likely I should have parted with that without your seeing me, when you followed me all the way? Witness. You had plenty of opportunity of passing it to the other man—I was some distance from you—you bad no calico when you got to the public-house.
COURT. Q. Are you sure he is the same man? A. Yes—he came into my shop with a cigar in his mouth, and assumed a great deal of consequence; that made me notice him.
MR. DOANE. Q. He had an opportunity of parting with the calico? A. Yes, plenty—he stood against some palings—he might have thrown it over, Or have parted with it in many ways.
WILLLIAM GAREY (police-constable K 395.) I was on duty about half-past nine o'clock that night—I caught the prisoner—his coat and hat were off—I took him to the Rose and Crown, and he put them on—I found on him two good shillings and a farthing—this is the shilling, and the half-shilling, which I got from Mr. Stephenson.
Prisoner. I was never in the shop in my life; I was with my mother going along the Commercial-road.
GUILTY. Aged 29.— Confined Six Moths.
MESSRS. ELLIS and DOANE conducted the Prosecution.
MARY DICKEN. I am the daughter of William Dicken, who keeps a shop at Brentford-end. On the 15th March the prisoner came for half an ounce of tobacco—he gave me a shilling—I gave him the change, and he went away—I put the shilling into a little box in the till—there was no other shilling there—next day, the 16th, the police-sergeant came, and I gave him that shilling—I found it where I had placed it—I marked it.
Prisoner. Q. If you took shilling of me, where did you put it? A. In a little sovereign box in the till—I told the gentleman I put in the cor ner
of the till, that was where the box was—I have not stated that I put this shilling along with the rest of the Money in the till.
Prisoner. She has been told to say she put it in this little box.
COURT. Q. Have you ever been told by the policeman or your father to say anything but what is true, that you put it into this little box? A. No—I put it there by itself, as I thought it looked had—it looked very dark.
DAVID ACRES (police-constable T 111.) On the 15th March I heard an alarm about some bad money being passed—I went to the Six Bells public-house at Brentford, and found the prisoner—I commenced searching him—he put his hand into his left-hand pocked, and pulled out this shilling, which I produce—I caught his hand, and he dropped it by the side of him—I took it up, and took him to the station—he was there liberated, because we could not find any more upon him.
Prisoner. Q. This man is capable of swearing anything—he never picked up the shilling—it was another policeman picked it up, about three yards from me. Witness. No, I picked it up myself.
JAMES CUSHEN (police-sergeant T 15.) The prisoner was brought to the station-house that evening—I searched him—I found no more bad money on him, and let him go—the next day, in consequence of what I heard, I went to Mr. Dicken, and received this shilling from Mary Dicken—I took the prisoner soon after.
Prisoner. Q. Did you not go to Mr. Dicken's on Monday night, and come to the station and say, "I have been to Mr. Dicken's and to Mr. Weltherell's, and can find nothing against him; we have not got the right one?" Witness. No—I said I had been to Mr. Wethrell's, and not finding any more bad money, I was obliged to liberate him—I took him the next day. when I found he had passed the shilling at Mr. Dickens's.
GUILTY. Aged 23.— Confined Six Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
CHARLES THOMAS GAYLOR (City police-constable, No. 348.) on the 4th of March I was in Farringdon-street—I saw the prisoner with two others—I watched them as far as Stonecutter-street—I there saw the prisoner take something out of his pocked, and he, and another one with him, looked at it—the other one picked something off the ground—I went and asked the prisoner what he had got in his possession—he said he had nothing—I said, "You must go with me to the station"—he showed great resistance—I got another man to help me, and took him to the station—he resisted being searched, and kept his left hand in his breeches pocket—at last he took his hand out and gave something to Sergeant Duddy, which turned out to be a half-crown and three shillings.
JOSEPH DUDDY (City Police-sergeant, No. 46.) I was on duty at the station when the prisoner was brought there—he appeared reluctant to allow the officer to search him—he had his hand apparently in the flap of his trowsers—I supposed he had a handkerchief there—I told him to out with it—he pulled his hand out and gave me a half-crown and three shillings, all bad.
Prisoner's Defence (written.) In answer to this charge I assure you I am quite innocent, and am the dupe of the policeman, who is acting in concert with the man Robert Powell, who gave me the base coin to hold for him, as a pretext to get up this case against me; Powell, on or about the 4th of March, met me in the afternoon, and asked me if I wanted a job; I told him I did; he then went and changed his clothes, and I accompanied him to several places in the neighbourhood of Smithfield, and lastly to Shoe-lane, Farringdon-market, when he asked me to hold a small paper parcel for him; he then went up Harp-alley, Shoe-lane, and left me at the corner, when I saw the policeman who took me into custody, nod to him; he was in plain clothes; the policeman immediately seized me, and Powell turned round, and laughing at me, gave me a sight, and ran away; when I was committed by the Magistrate, on the policeman bringing me out, several other policemen saluted him, and said to him, "You are all right, old fellow, for your 7s 6d a day this time," and in reply he said, "Oh no I do not think I shall get it, as Sergeant Brannan does not get his now;" I hope you will look into this case; I have never been in custody before, and there are several young men in Newgate who are trapped by Powell, who is nicknamed Boots, and is in the employ of the police, to get up Mint cases for them; I have good characters; a felloe prisoner, Mathias Smith, is one who was taken four hours afterwards by policeman's fellow companion, though the same man (Powell.)
COURT to CHARLES THOMAS GAYLOR. M Q. Do you know a person of the name of Powell? A. No—the prisoner did not tell me that person gave him them to hold.
JOSEPH DUDDY re-examined. The prisoner appeared to be crying—he asked what would be done to him—I said it was impossible to be told—he said that in coming along Long-lane a person gave him this money, and accompanied him round the market, and in the various streets, till he was taken—he gave a description of the party he was in company with, and a lad answering that description was found, and some bad coin found on him—I do not know a person called Boots or Powell.
(The prisoner received a good character.)
MESSRS. ELLIS and DOANE conducted the Prosecution.
SIBLER GLENISTER. I am leather-cutting, and live in Stonecutter-street. On the 4th of March the prisoner came for a penny ball of hemp, and gave me a shilling—I picked it up, and saw it was bad—I gave it a bend, and gave it him back—I said he had better take that where he got it from—he went away with it.
CHARLES BURROWS (City Police-constable, No. 335.) On the 4th of March I saw the prisoner waling backwards and forwards by Mr. Glenister's shop, looking in at the window, as if he were watching for some opportunity—he walked away, and came back, and went into the shop—he came out, and I went in and made some inquiry—I followed the prisoner, and came up with him at the corner of Shoe-lane—I asked what he had got in his hand—he said, "Nothing"—I said, "Open your hand"—he said, "What for?"—he refused to do so—I caught hold of his hand, and said he had better walk on with me—I took him to the station, and found in his left hand three base shillings—one of them is bent—these are them.
Prisoner's Defence (written). On or about the 4th of March I was coming down Snow-hill, when met Robert powell, who is known by the name of Boots—he asked me to walk with him to Stonecutter-street; on the way we met the policeman, who nodded to Boots, and followed us to Stonecutter-street—at the request of Boots I went into the currier's shop to buy a ball of hemp, and paid for it with a shilling he gave me, when the shopman told me it was bad, and bent it; I then told him a young man outside gave it me; I went to Boots, and told him it was bad; he then said, "NEVER mind, come along with me;" we then wert up the street, when he said, "Lay hold of this parcel," giving me a small packet, which contained the bad money; the policeman, who was close by, sprang on to me, when I observed Boots nod, and then run away; this policeman I know to be the fellow-companion of the policeman who has a fellow-prisoner, Thomas Speed, in Newgate, on a Mint case; the policeman who had taken Thomas Speed four hours before, was looking on at the time; and when I was brought to Guildhall he said to the policeman, "You have got your case all to rights too; we shall both do now."
GUILTY. Aged 17.— Confined Six Month.
SARAH GAMBLE. I keep the King's Arms, in Whitecross-streer. On the 26th of March the prisoner came and called for half a quartern of gin—she gave me a new shilling—I put it in the till, and gave her 10d change—a short time a after she called for a pint of beer, which came to 1 ½d—she had not left the bar—she gave me another new shilling—I saw it was a bad one—I directly opened the till, and saw the other was one of the same date and appearance—I said to her, "The first was a bad one, and now this is a bad one"—she said she did not know it, and gave me halfpence—I marked the last shilling, and gave it her back—the first shilling was in the till—I sent a person out with some instruction which the prisoner did not hear—the policeman came and took her to the station—I followed—I saw the inspector write down the charge—the prisoner seemed to be getting something out of her bosom—I told the policeman—he went found to her, and got a parcel from her—she threw herself on the floor when he was trying to get it from her, and made a dreadful noise, as if she were swallowing something—the shilling that I gave her back they could not find—I think it must have been that that she swallowed—I marked the first shilling, and gave it to the policesergeant—there was only an old shilling in the till beside—I am sure it was not mixed with any other money.
Prisoner. Q. Did you not state that I gave you a shilling, which you put into the till with another shilling, and you took no more notice of it than of another shilling? A. No—it was a new shilling—there was time for you to have gone away—I did not say that I did not know the shilling you gave me only by the second being a new one.
COURT. Q. Are you clear that the one you put in of the prisoner's was a new one? A. Yes—the other that was there was an old one.
prisoner feeling about her person, and she was going to pull something from her pocket—I ran round and took hold of her night hand—Mattock took hold of her left hand—I saw him take four bad shillings out of her hand—I produce them.
Prisoner. I did not resist going with you. Witness. When we got he outside she said she was ill, and wanted a doctor—she was drunk.
Prisoner Defence. I met two or there persons, and got very tipsy; I sold a cabman five leather for 5s; I came into this public-house—in the morning; I did not know what I was charged with; whether I took the money from the cabman I do not know; I have four children, and if I return to my family again this will be a warning to me.
GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Three Months.
MR. RYLAND conducted the Prosecution.
LOUISA RIDDELL. I am the wife of George Lintell Riddell—he lives at Queenhithe. On the evening of the 15th of March I went on board a steamboat at Westminster-bridge, for the purpose of coming down the river to London-bridge—I paid before I went on board—I had a purse then safe in my pocket—it had a half-crown and two sixpences in it—I was accompanied by a friend—nothing occurred till I got to her pier at London-bridge—there were a good many people on board—when the boat arrived are proceeded to go on shore—I had got out of the boat, and was going along, when potter, the policeman, spoke to me—I searched my pocket, and my purse was gone—I turned and saw Potter collar the prisoner—the prisoner put his hand an his pocket and took my purse out—I endeavoured to seize his hand, and the purse fell to the ground—I heard some persons say, "Here lies the purse,"—it was picked up and handed to me—it was the same purse I had had in my possession—I examined it, and the contents were the same—this is it.
CHARLES POTTER (police-constable K 112.) On Monday, the 15th of March, I went on board a steam-boat at Hungerford—I was in plain clothes—in going through the first bridge I observed the prisoner and three others parading up and down the boat—I knew one of the others, and I kept an eye on the parties—I afterwards saw Mr. Riddell and another lady leaving the steam-boat—they came up the hatchway on the dummy—the prisoner closed up to her, and one of his companions was covering him—the prisoner had this macintosh on his left arm—he put his hand into Mr. Riddell's pocket, and drew out something—I went to her and said, "Have not you lost something?"—she said, "Yes, my purse"—I said, "Come back with me"—we went back, and met the prisoner with three others—I seized him, and received a violent kick from him—I thought my leg was broken—I saw the purse fall, and I tried to get it, but my hat was knocked off, and I could not—I was very much ill used, but the check-taker and another person came to my assistance—I was off duty twelve days on account of my leg.
JOSEPH CLAVENE. I am employed on the Old Shades-pier, London-bridge. On Monday evening, the 15th of March, I saw Potter have hold of the prisoner—I saw this purse on the dummy—it could not have been more than ten inches from the prisoner's feet—I picked it up, and gave it to the lady.
Prisoner's Defence. I was coming up the pier, and the policeman laid hold of me by the collar; I tried to pull away, and I heard some one say, "Here is the purse;" the policeman said I chucked the purse away; I never had it.
GUILTY. Aged 18.— Transported for ten years.
HENRIETTA DUFFIELD. I am the wife of Peter Duffleld—we live at Ealing—the prisoner was in my service as a washer-women—I sent her to town with clothes, and she was to receive the money for me—if she received 1l 6s 3 ½d from Mr. Pillion, she has not paid it to me—she ought to have paid it to me.
Prisoner's Defence. I received the 1l 6s 3 ½d, but having left my family in distress, I took 3s of the money, and kept the balance till the week afterwards, when I got the 1l 6s 3 ½l made up; I had misfortune to fall off a cart, and lost the whole; I was taken up insensible; I told her would work to pay her.
MRS. DUFFIELD re-examined. She had not the money to lose—she said she fell, but those who were with her said she jumped from the cart, and they were certain she did not lose any money—there is as much as 9l she has not accounted for.
GUILTY. Aged 30.—Recommended to mercy by the Jury and Prosecutrix— Judgment respited.
GUILTY. Aged. 18.— Confined Three Months.
TURNER—pleaded GUILTY. Aged 17.
LYONS—pleaded GUILTY. Aged 16.
Confined Three Months.
GUILTY. Aged 13.— Confined Three Months.
EDWARD GRANT. I work for Mr. Finch—I had a shovel from Samuel Paul on 17th March—I lost it while I was at work—it was very nearly new—I left it near the stable door, and when I came back I could not find it.
JOSEPH YAPP (police serjeant T 38) The prisoner came to a shed of Mr. Finch's where I was concealed—the shovel was hidden in the loft—the prisoner came and took it away—I followed him and took him with it.
Prisoner. A man came to me and said a man had offered him the shovel to sell; I went and took it, to take it to the old man.
JOSEPH YAPP re-examined. He said he heard two young chaps talking about it, and he thought it was a shame, and he was going to take it to the old man—it was about a quarter-past seven o'clock in the evening.
Jury. Q. What induced you to go to the shed? A. Grant reported to me that he had lost the shovel, I went and found it in the left.
Prisoner. The officer said he saw the person that took the shovel come to the shed before me. Witness. There was a lad came to the back of the shed—he looked in and went away, and in about five minutes the prisoner came.
GUILTY. Aged 21.— Confined Three Months.
ROGER CONROY. I live in Princes-street, Sparrow-corner. The prisoner lodged with me—I lost four pairs of shoes and two pictures and frames, from the 22nd till the 24th March—these are two pairs of the shoes.
GUILTY.* Aged 36.— Confined Six Months.
906. JAMES PAGE was indicted for breaking and entering the dwelling-house of Pearson Till, on the 25th of Jan., at Fulham, and stealing 1 snuff-box, value 1l 1s; 1 seal, 2s 6d; and 1 watch-key, 1s 6d; his property; and that the had been before convicted of felony.
PEARSON TILL. I live at the King's Arms at Fulham. Before the 25th Jan. I had a snuff-box, a seal, and a watch key in my bar—I afterwards missed them—the box and seal were in a desk in my bar, which was broken open—on the morning of the 25th Jan., about eight o'clock, I found the bar had been entered by turning the screw of the box which the lock shot into—I had locked the house up safe the night before, from half-past twelve to a quarter to one o'clock—on the morning of 2nd March, I was called up by my horse-keeper, about a quarter before seven o'clock—I came down to my tap-room, and sent for the police-constable—I saw the prisoner there apparently half asleep, as if he had been intoxicated—I gave him into custody—under his feet was this snuff-box, which I lost on the 25th of Jan.—it could not have remained in the place where I saw it all that time—I also lost some French coins and various articles beside—nothing was found but this snuff-box, a watch-key, and a seal, which was on the prisoner's person—the prisoner owned the seal himself, he said it was his—a knife of the pri soner's
laid by the side of the snuff-box—he said the knife was his, but said he knew nothing of the snuff-box—the house is my dwelling-house, and is in the parish of Fulham.
Cross-examined by MR. BALLANTINE. Q. How do you suppose the breaking took took place? A. I imagine he must have got through the room window—it had not been left open—I saw it shut, and quite sale tapthe last thing the night before—I did not see any other mode by which he could have got in—all the other doors were fast in the morning—he had not been in the tap-room or the bar the night before—there appeared marks of violence on this screw, which fastened the box which the lock shuts into.
EDMUND TURNER (police-sergeant V 7.) I received this key from Abrahams—this snuff-box was given me by the prosecutor on the 2nd March—I took the prisoner and found this seal in his right hand waistcoat pocket.
WILLIAM SHELION. I went into Mr. Till's yard about half-past six o'clock in the morning on the 2nd March—I saw a hat on the monkeyboard of an omnibus—I saw the window open, and called the horse-keeper up.
Cross-examined. Q. What are you? A. I drive an omnibus part of the day; and the rest of the day I work in the stable for my father who is an omnibus proprietor—I did not speak to the prisoner—he was coming from the bridge towards the prosecutor's—I was going towards my home away from the prosecutor's—I have been an omnibus conductor, and have lived at different public-houses—I was never charged with anything but once—I was fined 10s for a pair of boots.
GUILTY. AGED 20.— Transported for Seven Years.
OLD COURT.—Wednesday, April 7th, 1847.
PRESENT—The Right Hon. the LORD MAYOR, Mr. JUSTICE COLERIDGE,
GUILTY. Aged 41.— Transported for Seven Years.
Before Mr. Justice Coleridge.
MR. PAYNE conducted the Prosecution.
JOHN POUNDS. I live with my aunt, at No. 15, High-street, Camden-town—I am in no business in this country—I was a printer at Philadelphia—the deceased, Sarah Ellen Collyer, was my cousin—she lived in the house with my aunt and myself—she was twenty-two years of age—I remember ber being attended by Dr. Cronin—I went with her—on the 15th of Feb., in the evening, I was at home with her—when she took some medicine before ten o'clock—I know the bottle she took it from—I first went with her to Dr. Cronin on the 1st of Feb.—she had not been there before—she was complaining of her back—she did not get advice till the 3rd of Feb.—she was not in constant attendance on him from that time till the 3rd of Feb.—she used to go to him—I cannot say when the last time was that she went—on this day she had scarcely swallowed the medicine before she rose up and said, "How queer I feel," and made for the back garden door—I followed her there—she fell there—she had taken about a table-spoonful and a little over of the medicine—I called for assistance, and Mr. Corfield, the chemist, came—he afterwards went for Mr. Weathers, the surgeon, and another came after that—Mr. Weathers adopted means to recover her, but she died in about twenty or twenty-five minutes—I saw the prescription that she had—I am not certain that this is it (looking at one)—Dr. Cronin gave her a paper like this when we went to him—that was on the 3rd of Feb., but he had it again after that, and gave it to his assistant to make up—the assistant afterwards brought something to her—that was not in Dr. Cronin's presence, he was gone—the assistant gave her a bottle and a box of pills—I called on Dr. Cronin with the deceased on the next day, the 4th of Feb.—I do not recollect any remark that he made that day, only telling her that she had better have her mother to come up with her—I was not present to hear what passed on the second day—she was in the room by herself—I paid Dr. Cronin one guinea for the two visits—on the 3rd of Feb., when she got the prescription, Dr. Cronin remarked that she could have the prescription made up at her own chemists.
Cross-examined by MR. CLARKSON. Q. You yourself were in a very nervous state of health, as well as deranged internally, were you not? A. Yes, not so much so as to particularly require the attention of my cousin to accompany me to Dr. Cronin's on the first occasion, she did accompany me—I went to Dr. Cronin because I had heard that he was a man of first-rate science and skill—the only prescription which he wrote for my cousin was the one which she took a portion of on the evening of the 15th, at ten o'clock—she had only taken one bottle of that prescription before this—I do not know how many doses that bottle contained—I cannot tell whether she had taken six doses of it—I did not see her take them—Dr. Cronin has a laboratory or dispensary on his premises—on the 3rd of Feb. he said she might have the prescription made up at her own chemist's—I did not hear the conversation in the other room—after my cousin had taken one bottle of the medicine, I accompanied her to Dr. Cronin—I did not hear her say that she felt herself much relieved—it was not explained to her in my presence that Dr. Cronin would rather see her mother with her, as her complaint was of rather a delicate character—her mother did afterwards go with her—she is not here.
COURT. Q. Did she appear to be better? A. She appeared to be rather more lively.
JOHN ANDREW JOHNSON. I am a butcher, and live in St. Martin's-lane, Charing-cross—I was acquainted with the deceased—I have frequently been to her house in High-street, Camden Town—I went one evening to Mr. Corfield's, in High-street, Camden Town, to fetch some medicine for her—I
saw Mr. Corfield—I heard of the deceased's death, I think, about a quarter of an hour after it happened—that was the same evening that I had been to Mr. Corfield's for the medicine—I got a bottle of medicine from Mr. Corfield, and gave it to Miss Collyer—she poured part of the contents into a glass, about a table-spoonful and a half, and placed the bottle down again—after she had taken it she handed the glass to Mr. Pounds and myself—I smelt it—it smelt strongly of bitter almonds—I left the room immediately after that—I was recalled, and found her lying in the passage, insensible.
Cross-examined. Q. When Mr. Corfield gave you the prescription, did he tell you that he had left out one of the ingredients? A. No, he did not.
Cross-examined. Q. Mr. Wakley sat as Coroner in this case? A. Yes—he did not order twenty or thirty policemen to be assembled—twenty or thirty policemen did not assemble—there was only myself—there was no one with me during the whole of the investigation—I did not hear him tell the jury that they must find Dr. Cronin guilty of manslaughter, for he was no doctor at all—(this being read, was a voluntary admission by Dr. Cronin, that the prescription then produced, marked A, was the one given by him to the deceased on the 13th of Feb.)
DANIEL CORFIELD. I am a chemist and druggist, and live in High-street, Camden-town. On the 15th of Feb., about seven o'clock in the evening, I received this prescription from Miss Collyer (looking at it)—it is "Compound spirit of ammonia, two drachms; tincture of opium, sixteen drops; prussic acid, Seheeles' strength, four drops; compound strychnine powder, two grains; bitter almond water, six ounces; make into a mixture, of which take two spoonsful three times a day—Feb. 3, 1847. Miss Collyer. Signed, D.C."—the Latin for the words spoons full is cochlea—it does not state any particular size—there is also a prescription for pills, but that was not made up—when I received this prescription I saw I had not got the bitter almond water or the compound strychnine powder—I wrote an order, and sent my boy to Mr. Morson's, a chemist of some eminence in Southampton-row, and told him if he could not obtain it there, to go to Mr. Bell's, in Oxford-street, who is one of the first chemists in London—the boy brought me back a twelve ounce bottle full of bitter almond water—the directions that I gave to the boy and the article which he brought back were precisely in accordance with the bitter almond water named in the prescription—the boy did not bring me any compound strychnine powder—I could not obtain it, and I made up the prescription without it, with the other ingredients—I put in six ounces of the bitter almond water—I filled the bottle up with it, and gave it the witness Johnson—I have been a chemist and druggist twelve years—I never made up such a mixture before—in my experience I had never seen the compound strychnine powder and bitter almond water named as ingredients to be used in medicine.
Cross-examined. Q. You say you had never made up such a prescription before, that is, you never prepared one with six ounces of bitter almond water concentrated in a pint bottle? A. I never prepared one with bitter almond water in my life—I did not know the properties either of the strychnine powder or the bitter almond water—they are not named in the "Pharmacopæia," and therefore I could not—I have never seen in the Pharmaceutical Journal a prescription by Mr. Bell as to the mode in which the bitter almond water is to be prepared—it is not named in any recognized "Pharmacopaeia"—the last edition of the "Pharmacopaeia of the London Physicians" was
published in 1836—I believe that is what is called the "London Pharmacopaeia"—I believe that with eleven years of experience there has been no recognized edition of the "pharmacopoeia" since—I have read of professor Baron Liebig, and have seen some of the discoveries that have been made in medinal science during the last eleven years—I do not know the purpose or property or compound strychnine powder at all—if it had been for the purpose either of partially neutralising, or in any way dealing with any other portion of the prescription, I should know nothing about it—I left it out, and never mentioned it, but Mr. Bell sent me a private recipe for making it up, and I am sure, if made up according to that, it would have no effect at all—I did not send Dr. Cronin's prescription to Mr. Bell—he did not know whether that which I wrote for, and which was prescribed, was for external or internal use—I wrote precisely in the same words that were ordered—we never send the prescriptions—if I had sent it, he would have seen from it that the bitter almond water was a mere vehicle for the administration of the medicine—I do not know that I put in enough concentrated bitter almond water to kill a horse—I have seen Mr. Gray's "Supplement to the Pharmacopaeia"—I have not seen bitter almond water named there as a vehicle—there are instructions, there for persons who take upon themselves to mix physician's prescripttions or to prepare distilled waters from oils, but we never prepare them from the "supplement"—I do not possess it—I do not know Dr. Periara's Selectae Prescripta—I do not think that is a book of authority—I have never heard that it is—I have been in a great many chemists' shops, and have never seen it—when the word cochlea is written in a prescription for a half pint or pint mixture, then we consider it means a table-spoon full, but if in a small phial, it would mean a tea-spoon full—I should have thought that in a bottle of this capacity the physician meant a table-spoonful—I do not know whether anybody in his senses would have doubted it—this is a prescription of a variety of compounds, some of which I think would neuturalize the others—compound spirit of ammonia decomposes prussic acid—I believe the ingredient known by name of aqua amygdalarum amarum means the water of bitter almonds—I was not aware that that was prepared in a variety of ways, or that it was prepared at all—I did not know that there were five different characters of it—I did not know that in one way of mixing it it was a most deadly poison—if the prescription was aqua amygdalarum amarum concentra, that would mean the concentrated water, a strong water, of course—it appears on the face of this prescription that it is to be taken internally—it is ordered here as the vehicle for compounding together the different materials of the prescripttion; to fill up the bottle—it was filled up with six ounces of the bitter almond water sent to me by Mr. Bell—it was not labelled "concentrated," nor even "poison"—I did not smell it before I put it into the prescription—I poured it from Mr. Bell's bottle into the other—it did not produce on my nerves the slightest possible sensation of the bitter of almonds—it was a twelve-ounce bottle, and held about three-quarters of a pint—the bottle I sent to Miss. Collyer was a six-ounce one—it contained six doses—I think compound spirit of ammonia would decompose prussic acid of Scheeles' strength—it is apparent on the face of this prescription that the bitter almond water is intended merely as a vehicle for taking the medicine.
MR. PAYNE. Q. Is there anything else used to make up medicine, to add to the quantity at all, besides bitter almond water? A. I never saw it used at all—peppermint water, distilled water, or anything of that sort, is generally used—there is nothing dangerous in them—I never before saw this kind of water prescribed in medicine to make up the quantity—chemists
and druggists do not go through any examination before they carry on their business—they acquire their knowledge by being apprenticed.
THOMAS NEWBORN ROBERT MORSON . I am a chemist and druggist, and have been so for about thirty years; I live in Southampton-row, Bloomsbury. On the 15th of Feb. a memorandum was placed in my hands by one of my assistants, on which was written "Compound strychnine powder and bitter almond water"—I replied that we had not the articles, and the messenger went away—I have never seen bitter almond water ordered as a medicine internally—I know nothing about compound strychnine powder.
JACOB BELL. I am a chemist and druggist, residing in Oxford-street. On the 15th of Feb. I received an order upon a paper, on which Mr. Corfield's name was printed, for some bitter almond water and compound strychnine powder—I had no compound strychnine powder—there is no authorized formula for it—I had none myself—I referred to several books for it, and I sent Mr. Corfield the bitter almond water, and a copy of the formula for the powder, which I happened to find in a book, mentioning the authority—I have not recollection of ever having seen bitter almond water ordered in a prescription as a medicine internally—there are formulae on the Continent for it, but I have not seen it in England—I think I have examined about twenty-two formulae since this case came before the public, in the foreign Pharmacopoeias—I have looked at this prescription of Dr. Cronin's—if it were sent to me I should not know what to put in it—I should think it requisite to ask the physician which kind of bitter almond water he meant, or how it was to be prepared—there is nothing in the prescription that tells me of what strength it is to be—any kind of bitter almond water would be equally correct, according to the order—I have known bitter almond water ordered externally—the vehicles for the mixing up of medicines are endless—some may be harmless and some poisonous, but if poisonous, their strength should be defined—the strength is not defined in this prescription—the omission of the strychnine powder would have no effect, whatever chemically, on the mixture—it would be the omission of a poison, therefore, it might be rather less poisonous—strychnine is an alkaloid prepared form nux-vomia—the compound strychnine which is intended here is made with a mixture of sugar in that alkaloid, and is perfectly harmless—the strength intended here would be quite harmless—it would not have any effect in qualifying the other ingredients.
Cross-examined by MR. CLARKSON. Q. If these materials, instead of being sent for to you on a piece of paper, had been accompanied by the prescription, should you have known that the physician meant that the material named last was intended as a vehicle for the medicine? A. I should have supposed so—I should not have made up the prescription at all without consulting the physician—I should then have acted under his instructions, and no mischief would have arisen—I had no idea for what purpose the materials sent for, were to be applied—the preparation of bitter almond water which I sent may be termed the commercial preparation, as it is obtained in distilling the oil of bitter almonds—I should not say it was perfectly clear on the face of the prescription that the bitter almond water was intended only as a vehicle for the medicine—he might intend some medicinal effect by it as well—I should not put the word "poison" on the bottle in sending it to a chemist; I should have supposed he understood it—if the chemist told me he never heard of such a thing before, and did not know what it was, I should have given him instructions as to the strength of it, so far as I could—I am the editor of the "Pharmaceutical Journal"—I know that bitter almond water has been in use on the Continent since there has been any new edition of
the "Pharmacopoeia of the College of Physicians"—I have never seen it in use here.
Q. Why, have not you yourself published the fact that it has been in use? A. I have published the different formulae used on the Continent, proving how variable they are—I would certainly not dispute with such men as Professor the Baron Von Liebig, or Orfila, or men of that eminence, but we are nor under their authority in making up prescriptions, we are under the authority of the College of Physicians—I have read a paper at the Pharmaceutical Society upon the subject of the bitter almond water which I supplied in this case, in which it was recommended as an external application, by certain medical men whose names I mentioned in the paper—I have not been the means of giving to the public the history of the distilling or preparation of harmless or innocent bitter almond water—the sort of bitter almond water which I alluded to was that which I sent, which is harmless in a certain dose, but not in the dose taken under the prescription—the dose taken would not have killed a horse, but I think it would have killed any human being—I know "Gray's Supplement to the Pharmacopoeia—Gray has two private formulae of his own, but that is no authority in making up prescriptions—the last edition of the "Pharmacopoeia of the College of Physicians" was published in 1836—there have been very considerable strides made in medicine and chemistry during the last eleven years which do not appear in the "Pharmacopoeia"—if any medical gentleman orders this medicine he orders a certain strength, and if he mentions the word "Gray's," it is an authority, but unless he does, it is not—there may be chemists and gentlemen here who have been in the constant habit of using the innocent bitter almond water as medicine—they might order it by simply using words aqua amygd amar, if they understood each other—if I had had the prescription I should not have understood what was meant, because no strength is mentioned—any medical man may tell any chemist he pleases what strength he likes made up, and that chemist may know what is intended, but not any other chemist.
Q. Have you published in the "Pharmaceutical Journal" a formula for the preparation of medical almond water? A. There was a formula sent to me by a chemist at Brighton for publication, which I put into the Journal, but it is no authority—it is a proposition, the same as a great number of articles which are published, they are simply proposals for improved methods of preparation; but it does not follow because they are published that they become authority, unless they are authorised by the "College of Physicians"—I published it—it was made from the cake by a particular process (referring to the Journal)—the proportions were two pounds of bitter almonds, having the oil expressed, distilled with eight pounds of water—that would be perfectly innocuous in a proper dose, and so would that which I sent, but this would be nearly as strong as that which I sent—the meaning of "aqua amygd amar concent." is concentrated bitter almond water—I sent a bitter almond water which is prepared in distilling the oil.
Q. Did you send the concentrated bitter almond water? A. I know of no preparation which is under any authority designated by that term—it was a concentrated bitter almond water, but it was not so strong as it might have been made—I have examined some twice as strong, of course that would be more concentrated—the word "concentrated" is a comparative term.
COURT. Q. Is it usual to write "concentrated," or any abridgment for it, when you send out such almond water as you sent? A. No, I have
never been in the habit of labeling it in that way, nor have I ever seen it labelled so.
MR. CLARKSON. Q. Gray was a man of very considerable science, was he not? A. He may have been—he was in his day—Gray gives it that term—he gives a preparation of his own—physicians of the present day frequently order articles not mentioned in the "Pharmacopoeia."
Q. Will you undertake to say that you have not yourself compounded simply from the term aqua amygd amar the innocent bitter almond water? A. I am certain that I have never used any bitter almond water except that which I sent out on the occasion under consideration—I have no recollection of ever having before me a prescription directing the internal application of the innocent bitter almond water—I will undertake to say that I have not known of it—I do not know Mr. Brew, of Brighton.
MR. PAYNE. Q. Would there have been any difficulty in putting the strength of this bitter almond water in the prescription? A. No; it would have been very easy to have stated how many drops of oil and how much water—in cases where there is no authorised formula, it is usual to state the strength—sometimes harmless liquids are used to make up medicines—it does not follow that they should be always harmless—when deleterious ingredients are used it is usual to mention the strength, if there are various infusions—there would have been no difficulty in mentioning the strength that Dr. Cronin intended this bitter almond water to be of—I conceive if it was intended to be taken to any chemist, the strength should have been mentioned—if it were to be made up at his own dispensary it would be perfectly safe, but a chemist not having any understanding of that sort would not know.
JOHN ELDRIDGE SPRATT. I am a dispensing chemist, and live in Tichborne-street, Haymarket—I keep two English preparations of bitter almond water in my shop, according to "Gray's Pharmacopoeia," and three foreign sorts, one French, one Italian, and one German—I am in the habit of making up many prescriptions—I have made up prescriptions with bitter almond water—when certain ingredients are to be made up there is very often some liquid put in that is not intended to be operative, but to mix up altogether and make up the quantity—bitter almond water is sometimes prescribed as the vehicle, but I cannot say it is usual—six ounces are ordered in this prescription—I should take it according to "Gray's Pharmacopoeia," and I should take the weak preparation—there is no "concentrated" put against it; if it is meant to be concentrated, it is usual to put "con." against it, that is the way to distinguish it.
COURT. Q. If it was intended to give it strong you would expect to find the word concentrated? A. Yes; if there was nothing like that I should take it to mean the weaker sort, and should have used Gray's weaker sort—if I had done that, I consider the prescription would have been harmless.
ROBERT VENABLES. I am a bachelor of medicine of the University of Oxford, and an inceptor candidate of the Royal College of Physicians in London. I live in the City-road—I am also a lecturer on forensic medicine—by the desire of the prisoner I attended the analysis of the fluids made by Dr. Scoffern—there was enough prussic acid to cause death, discovered in the almond water as well as in the mixture—I have never prescribed bitter almond water as a vehicle for making up medicine—I do not know that I ever saw it in any prescription except Dr. Cronin's—I am not in the habit of seeing many preseriptions besides my own—there is in this prescription aqua amygd amar—there is no indication of the strength, because I know of only one mode of preparing this, by distilling, given in "Gray's Supplement to the Pharmacopoeia,"
and that would be harmless—I have ascertained, that compound strychnine powder would have no neutralizing effect on the other parts of the prescription, but it would physiologically have an effect—it would render the system less sensible to the narcotic action of the poison—it would have no chemical effect—it would act in the same way as ammonia, as an antidote, being a powerful stimulant to the nervous system—it is not poison itself—strychnine is poison—the compound powder of strychnine, as I understand it, consists of the other parts of sugar, but I know of no compound powder of strychnine.
MR. PAYNE conducted the Prosecution.
ROBERT SMITH. I am a plumber, and live in East-road, City-road. On the night of the 22nd February, I was passing along Old Gloucester-street, Hoxton, and saw three or four men, (the prisoner was one of them,) standing talking outside the Duke of Gloncester public-house there—I saw a horse and cart at the door—there was no one in the cart then—I crossed, and was going down New Gloucester-street, and then saw the prisoner driving the cart—the horse was going very fast—the prisoner was not doing anything—he had the reins in his hand, I suppose, and the whip—I believe he was flogging the horse at one time, but I was very much agitated when I saw the child in the road—one of the New River men was with me—I ran after the cart, as I saw it was going very fast, and thought some accident might occur—I saw him beat the horse while the cart was going very fast—I am sure I saw him beat it—I saw the deceased child lying in the road, and a person with it—the cart had then gone on—I do think it was out of sight—I took the child to the doctor's—it was bleeding, but very trifling—I cannot say whether there was any other carriage in the street besides the cart the prisoner was driving—I did not observe any—I did not attempt to overtake the cart—my attention was drawn to the child—there were several people assembled, who called out, "Stop him," or something of that kind—when the cart stood by the public-house, there was a dog in it—while the prisoner was in the cart, I saw him turn round to look at his companions who were behind—I think that was just before the child was lying on the ground—I am not certain whether the prisoner looked back before the accident or after it, but I saw his hand waving at or near about that time I saw the child in the road—I cannot say whether he was trying to stop the horse or not, I was so agitated—my attention these more on the child than looking after the man—I dare say I recollected these facts the next day when before the Coroner, better than I do now—at the station-house the prisoner said he had a dog in the cart—I forget what else he said—it was something about the dog having started the horse, or bitten the horse—I made the remark, that he was flogging the horse—I do not think he made any answer to that—I think the sergeant of police, or some one else there, interfered, and said that was not a place for altercation—I saw the prisoner with the whip in his hand, and think he was flogging the horse—I said to him, "The dog had no command over your whip"—I forgot that, as it is so long ago, but that was the remark I made—I think he was flogging the horse—yes, he was on one occasion.
Cross-examined by MR. CLARKSON. Q. You attended before the Coroner on this charge? A. Yes, I had drunk I suppose four or five pints of ale on
the afternoon in question—I was not drunk—I had had a little gin—I think I was behind the cart when I saw the whip move—I am not able to tell whether the man was beating the dog or the horse—I picked the child up, and carried her—she was dressed in dark clothes—it was a darkish night—it was just dusk—I did not see the child till it was lying in the road, and I thought it was a dog then—I did not see it before it ran into the road—I do not think there was any other cart or vehicle that could have done the mischief but this—the cart did not stop after it went over the child—it went on as fast as before—I was not near enough when the accident happened to see whether the horse was being bitten by the dog or not—I should not like to swear whether the man struck the horse or the dog.
COURT. Q. Were you sober or not? A. I had had several glasses—I consider that I was sober, and capable of knowing what I was about—I might have had three or four pints I think, and from dinner-time till the time this occurred perhaps three or four glasses of gin, all between dinner-time and the time of the accident—I dined at one o`clock.
MR. PAYNE. Q. Were you drinking alone or in company? A. I was by myself—I drank with several people in the course of the day—Byett had a pint or so with me, but I think I took three or four glasses of gin myself, and a portion of perhaps six or seven pints of ale—I met with several other parties.
COURT. Q. Have you a distinct recollection of what took place that night? A. Yes, I saw the child as soon as it was knocked down, and saw the prisoner turn round and wave his hand to the party he had just left, after or just at the time that the child was knocked down—he looked round, but I cannot say whether he was looking at the child or his companions—he had the whip in his hand then, and struck either the dog or the horse with it.
JAMES BYETT. I live in Little John-street, Hoxton Old-town, and work for the New River Company. I was with Smith on this night, and saw the horse and cart standing at the public-house door—I got some distance from the public-house into New Gloucester-street, and heard the rattle of the cart, I turned round and saw it coming towards me on the gallop, as if it had started frightened, as if the horse had started of with spirit—there was a man in the cart—he had hold of the reins I suppose—as he passed me I saw him wave his hand to his companions whom he had just left—I did not see anything in his hand—he had not a whip in his hand when he passed me, but it was waving by the side of the cart after the child was knocked down; I cannot say whether it was in his hand or by the side of the cart—I he was not whip-ing the horse when the child ran off the curb—I saw the child struck by the fore foot of the horse—it was going at its full speed when the child started off the curb—the man could not have pulled the horse in to hinder the child from being run over—he was not whipping the horse or urging it on just before the child was knocked down—I have seen the prisoner once since, at Worship-street—I have not seen him since, nor any of his friends.
COURT. Q. You saw him waving his hand to his companions, as you thought? A. Yes, the horse was galloping then—I was behind, and cannot tell whether he was trying to hold the horse in, or whether he was urging it on at that time, nor yet before that time—I never saw him use any whip before that time—the signature to this deposition is my writing, it was read over to me before I signed it—I suppose it is true as far as it goes, but I have a good deal to recollect besides, and cannot keep things in my head. (The witness`s deposition being read, stated—"I saw the cart driven past with the horse galloping as fast as it could lay its legs to the ground; one man was
with the cart driving with the reins, and whipping the horse; he was not trying to hold the horse in as if it had run away, but he was urging it on, &c.—the man in the cart looked back as if looking at the child, and continued driving on as fast as the horse could go.")—I did not see the prisoner urge the horse before the child was struck—he could not—as soon as he turned himself round he was right upon the child—what I said before the Coroner was true, but I cannot recollect it—I have other thing to think of—I think it was impossible for any person to tell, whether he was holding the horse in or not—I was at a distance from him, but the horse seemed to keep at the rate he started at.
GEORGE WRIGHT. I live in York-place, New North-road. I was in New Gloucester-street on this night, and saw the horse and cart galloping fast down the street—there was a man in the cart—some people at the top of the street called out to stop him—I saw him turn round—he did not stop when the people called to him—the horse kept going on the same as he did before—I do not remember his doing anything to the horse—I was examined before the Coroner the next day—I then remembered what had occurred—I do not remember now whether he whipped the horse or not—he had a whip in his hand—I do not know now whether he whipped the horse or not—when the people called out to him to stop, and he looked round, I am sure he had the whip in his hand, and the horse continued going on as fast.
COURT. Q. You say you cannot tell whether he did anything with the whip? A. No—I was examined before the Coroner—this is my signature—(the deposition being read, stated, "He turned round and looked, and then whipped the horse as hard as he could")—that is the truth—I recollect it now.
Cross-examined by MR. BALLANTINE. Q. Do you know now that there was a dog in the cart? A. Yes—I was told so after my examination before the Coroner.
COURT. Q. Why did not you say before that he whipped the horse as hard as he could? A. It is such a while ago—that is my only reason—(This wit-ness was committed to Newgate for twenty-four hours, for prevarication.
SARAH BAILEY. I am the wife of Mr. Bailey, a warehouseman, and live in Devonshire-street, New North-road. On the night in question I was coming down Old Gloucester-street from Hoxton—I saw three or four men at the Duke of Gloucester public-house—there was a horse and chaise-cart there—after that, I was walking very slowly down New Gloucester-street, and saw Mr. Newby`s child on the opposite side of the way, playing with a piece of wood, which flew into the road—the child went to pick it up—it was getting dusk, and at that moment the horse came up, and the fore foot knocked the child on the head—I heard no noise behind—it was momentary—I heard the cart coming along—it was running—it was driving fast—it was coming fast—I cannot say I saw the child struck, because I had my own two little ones with me—I saw it the moment after the cart went on—I saw the man in the cart try to pull the reins—be looked round—I have been examined before—I first heard a terrible driving behind—after the child was knocked down the cart passed on—I think the man turned round and looked, but I cannot recollect more, for I fainted in the street—when examined before the Coroner next day I remembered what had taken place, as nearly as I could—I signed my deposition—I saw the man look round, but did not see him beat the horse—I did not swear that he did—this is my writing—it was read over to me before I signed it—what I say there is true—(This witness`s deposition being read, stated, "He turned round and looked, and he beat the horse, and it went on at that rapid rate that many ran after it, but could not catch it; the
horse was galloping as hard as it could when it touched the child; the child could not get out of the way, the cart was coming at such a furious rate")—I do not recollect that he beat the horse—I recollect it was running very fast—I am speaking the truth—I have had a deal of trouble since I was examined before, with myself and my children, but I am speaking the truth as far as I can remember it—I do not remember his beating the horse—many people ran after it—the horse was running fast—I do not think it possible that the child could have got out of the way, because the cart was coming at such a furious rate—I fainted on the spot—this was on the Monday—I went before the Coroner on the Wednesday I think—I had a distinct recollection then of what had occurred—I am never in health—I do not now remember his beating the horse.
Cross-examined by MR. CLARKSON. Q. Did you tell the coroner on the Wednesday that you fainted on the spot? A. I do not know whether I mentioned fainting—I said I sat on the step of a door with my children—I felt very faint, and could not get up, but I cannot say that I lost my senses.
SARAH ELEANOR GOODWIN . I am the wife of Alfred Goodwin, a compositor, of New Gloucester-street. I was standing at my first-floor window, and heard the noise of a cart coming at full speed—I thought it had taken fright and started off, which drew my attention—when I saw the horse coming I turned my head directly to see if there was anybody in the road—I saw the deceased in the road stooping, in the act of picking up something—the horse was very near when the child ran into the road—as it rose from the ground the fore foot of the left side struck the child on the right temple—it fell backwards, and the hind foot on the same side stepped on the lower part of the groin—the cart went on much at the same pace—my attention was chiefly directed to the child—I saw it carried to a surgeon's—the child could not have got out of the way.
Cross-examined by MR. CLARKSON. Q. You have said something about the horse appearing to you to be frightened on starting? A. My impression was that it had taken fright and started off—the reins were quite tight in the man's hand.
JOHN THOMAS NEWBY. I am a surgeon, and live in New Gloucester-street, Hoxton. the deceased was my child—his name was Charles Ady Newby—he was seven years old all but a month—I did not hear what had happened to him till about seven o'clock, an hour afterwards—I thought it best to take him to the hospital—there was a bruise on his right temple, and he was bleeding from the left ear—he was quite insensible—I was present at the post-mortem examination—I consider the cause of death was a fracture across the base of the skull and there was effusion of blood in the base of the brain—I believe the mischief to the head was the cause of death.
Cross-examined by Mr. CLARKSON. Q. The child was found to be dead almost immediately after the occurrence? A. I believe so—he was quite insensible when I saw him—the prisoner's friends came to me next morning—the prisoner himself came afterwards, and expressed the greatest sorrow for what had happened—he behaved very handsomely indeed—he told me to bury the child handsomely, and he would pay for it; which he did—he appeared to me to feel the sorrow he was expressing on the subject.
HENRY FREDERICK WYLDE. I am one of the house-surgeons of St. Bartholomew's Hospital. I remember the child being brought in on the Monday evening—It was perfectly insensible—it died on the following morning, a little before eight—there was a post-mortem examination—a fracture at the base of the skull was the cause of death—it was such an injury as might have been occasioned by the kick of a horse.
HENRY WILLIAM DUBOIS (police-sergeant N 14.) On the 23rd of Feb., I went to Mr. Herring's menagerie, at the the corner of Brook-street, New-road, kept by the father of the prisoner—the door was opened by a manservent—I said, "Is John or William at home?"—the prisoner was standing in the yard, and said, "What does he want?"—he came up to the door, and I said, "I want to see one of the young gentlemen that was out in the cart last night"—he said, "I was out in the cart, come inside"—when he shut the door, I said, "Before I go any further, I must tell you I am an officer, and you are my prisoner; you ran over a child last night, and I believe it is dead"—the moment I said those words, he appeared to be quite unnerved, and shook, and appeared to be quite undone altogether, and said, "Good God! come inside"—I went into the parlour, and said, "You were in Hoxton, last night?" he said, "Yes, I was; I knew I ran over something, but what it was I could not tell"—he said, "I had a dog in the cart; and the dog bit the horse's tail, which caused the horse to take fright; I tried to pull him in, but could not"—he said, after he had run over something, he tried to check the horse's speed, but the horse was ungovernable—he said he had just posted a letter to a friend, for him to inquire whether any damage was done, and was waiting for an answer.
COURT Q. When he spoke about the dog, did he say it was a pure accident? A. Yes, those were his first words; and he said, the dog kept barking, and caused the horse to go on faster, and he could not hold it in.
Cross-examined by MR. CLARKSON. Q. Do you recollect his saying that he tried to pull back the dog, and beat it? A. I do not—he might have said so; he was so flurried, that he said a good deal.
MR. COOPER conducted the prosecution.
GUILTY of an Assault. Aged 24— Confined Twelve Months.
910. WILLIAM KEY was indicted for breaking and entering the dwelling-house of Charles Willett, and stealing 4 spoons. value 1l 10s; 13 forks, 9l; 1 tea-pot, 10l; 1 milk-jug, 3l; 4 decanter-stands, 2l; 1 waiter, 1l 10s; and 2 candlesticks, 2l 2s; his goods; to which he pleaded
GUILTY. Aged 23.— Confined Twelve Months.
911. JAMES WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of Abigail Phillips, at St. Paul, Shadwell, and stealing 3 pairs of trowsers, value 1l; 10s; 1 coat, 15s; 1 waistcoat, 4s; 3 caps, 1s; 1 shirt, 8d; 1 handkerchief, 6d; 1 pair of braces, 4d; 1 compass, 5s; 1 watch, 18s; 3s 9d, and 5 halfpence, of the said Abigail Phillips; to which he pleaded
GUILTY. Aged 19.— Transported for Ten Years.
(There was another indictment against the prisoner.)
912. WILLIAM SCOTT was indicted for burglariously breaking and entering the dwelling-house of William Hitchcock, about one in the night of the 2nd of March, at St. Andrew, Holborn, and stealing therein 1 carpet-bag, value 3s; 1 waistcoat, 7s; 1 shirt, 5s; 2 shoes, 5s; 1 handkerchief, 3s; 1 pair of stockings, 6d; of Samuel Churchill; 12 yards of cotton-quilting, 1l 19s 9d, and 22 yards doeskin, 4s 3d, of the said Samuel Churchill and another.
MR. CLARKSON conducted the Prosecution.
GEORGE WALTERS (city police-constable, No. 250.) On the 13th of March, a little after one o'clock in the night, I was passing through Bartlett's-passage, Fetter-lane, I noticed the door at No. 1 open—I sent for Savage—I saw this parcel produced, in a low wall opposite the door—I entered the house, and found the prisoner on the stairs proceeding up to the water-closet door—this carpet-bag laid at his feet—I asked him where he got the property from, meaning the bag and parcel—he said, "From this house"—I asked if he lived there—he said, "Yes"—I aroused the inmates, they came down—I asked them in the prisoner's presence, "If he lived there? "—they said, "No, they knew nothing of him"—I asked, "If they knew anything of the property? "—They said, "NO"—Savage secured the prisoner—I examined the adjoining premises, and at No. 12 I found the owner of the property—a person could pass from the yard-wall of No. 12 to the house No. 1—I found a foot-mark on the white table-cloth, which was close to the bed-room window, on the ground-floor of No. 12—I searched the prisoner at the station—he had two shirts on, white ones, and a flannel one on him, and two waistcoats and apair of white cotton-stockings—he had shoes on his feet—found a pair of shoes at the house No. 1—the prisoner said they were no this, but afterwards owned them—Bawton, one of the inmates, gave me a screw-driver, two skeleton-keys, and a dark-lantern—he is not here—I did not see him find them.
AGNES HITCHCOCK . I am the wife of William Hitchcock—we occupy the houses No. 12 and 13, Bartlett's-buildings. On 12th March, about ten o'clock at night, I went over the house, No. 12, and saw that all the doors and windows were fastened—the staircase window was shut down, but it had no fastening—this brown paper parcel of waistcoating had been brought to the house between seven and eight o'clock that evening, for Mr. Churchill—I removed it from one bedroom to another when I went over the house—I saw Mr. Churchill's carpet-bag at that time in a chair at the end of the drawers in the same room that I moved the brown paper parcel into—my husband keeps a lodging-house—the things were in the back parlour—if the window was lifted up a person could not take the things without getting into the room—I put them at the end of the chest of drawers which stand under the window—the constable found the mark on the white table-cloth which was on those drawers
Cross-examined by MR. BALLANTINE. Q. Can you say whether the window was open or shut A. I am positive it was not open at ten o'clock—all the family were up, except one of the servants—I always see to the fastenings myself before I go to bed—I do not think I felt the window—the servant, Mary Morris, fastens the house up, and I afterwards go and see that it is all right—the staircase window and the back-parlour window have no fastening.
MR. CLARKSON. Q. Are you certain that at ten o'clock the window was shut down? A. Yes, and I moved the parcel—nobody could go into the room without seeing it.
WILLIAM HITCHCOCK . On 13th March, about one o'clock in the night, I found my staircase window open—a person could get from the wall of the yard No. 1 to the house No. 12, and also get to the window—there was no difficulty in lifting the window up outside—the walls communicate at the backs from the walls behind—you can get to the window of the room the goods were in, and from there you can get to No. 1—after finding the stair case
window open a policeman called, and gave me information of a robbery at No. 12—I remember this brown paper parcel being brought for Mr. Churchill, between seven and eight o'clock that evening—this is the same parcel.
SAMUEL CHURCHILL. I am a draper, in partnership with George Smith—we live at Bath. On 12th March I occupied the back parlour of No. 12, Bartlett's-buildings, as a bedroom—I expected a parcel to be forwarded to me there, which was the property of myself and Mr. Smith—I came home about a quarter past twelve that night, and went to bed at a quarter to one—I found the window open—I did not look for the property, not thinking that it would be put in my bedroom—I shut the window down, undressed myself, and went to bed—the parcel produced is our property—I had not seen it on the premises—one shirt, one pair of shoes, stockings, and a waistcoat taken from the prisoner's person, are mine-this is my carpet-bag, I had left it on a chair by the window in the morning—I missed it when I went into the room.
GUILTY. Aged 18.— Confined Eighteen Months.
NEW COURT,Wednesday, 7th April, 1847.
GUILTY. Aged 20.— Confined Six Months.
GUILTY Aged 13.— Confined Three Months.
GUILTY Aged 47.— Confined One Year.
JOSEPH NELSON . I am the proprietor of the Queen's Head, Leadenhall-street—the prisoner was my horse-keeper—I received information on the 13th of March, and went to my stable in duke's-place—I saw the prisoner and Dye—I said to Dye, "Who authorized you to take a sack of oats out of my stable? "—he said Simkins gave it him—the sack was in my stable when I came—it contained about four bushels of oats—I compared it with my oats, and I believe it to be mine.
Cross-examined by MR. BALLANTINE. Q. Who is Dye? A. I only know him by seeing him about the yard—I trusted the prisoner with all my corn—Dye has not been about the yard long—he has been doing for anybody—he knew I occupied stables in that yard—he said he did not know what was in the sack—I did not believe him.
ISAAC GOLDSIMTH. I am an orange-merchant. On Saturday evening, 13th March, I saw Dye with a sack of corn on his shoulder—I followed him to Houndsditch, and he rested it on a post—I asked where he was going with
it—he said Fred. told him to wait there for him—it was a sack of oats—I thought at first it was my brother-in-law's corn—I told Mr. Nelson's brother that he might tell Mr. Nelson.
HENRY DYE. I am a horse-keeper—I was carrying a sack if corn on 13th March—Mr. Goldsmith came and asked what I had got there—I told him I did not know—I got it from Mr. Nelson's stable—the prisoner gave it me, and told me to carry it to such a post in Houndsditch, and he would meet me there—he said he should be there as soon as I was—I told Mr. Goldsmith that, as soon as he caught me—I told him if the man did not like to come, I should take the corn back again—the prisoner had the key of the stable.
Cross-examined. Q. You told Mr. Goldsmith you did not know what was in the sack? A. Of course I did—I never looked into it—the prisoner called me away from my work to carry it—it was not my business to know what was in it—I do not know what I was to get for carrying it—I had seen the prisoner unlock the stable-door, and lock it, and put the key into his pocket—I do not know that the key used to hang anywhere—I am a horse-keeper—I should know corn if I felt it.
GUILTY.* Aged 15.— Confined Four Months.
GUILTY. Aged 19.— Confined Three Months
920. ADOLPHE CHARLES PREVOST was indicted for stealing 1 watch, value 6l; 1 clock, 12l 12s; 1 musical box, 4l; 7 watches, 40l; 2 clock-keys, 2s; 2 watch-cases, 4s; and 1 watch-key, 3s,; the goods of Ignatz Klaftenberger and another, his masters; to which he pleaded
GUILTY, and received a good character. Aged 19—Recommended to mercy. Confined Nine Months.
GUILTY. Aged 19.— Confined Three Months.
GUILTY. Aged 19.— Confined Three Months
GUILTY. Aged 18.— Confined One Year.
GUILTY. Aged 16.— Confined Three Months.
GUILTY. Aged 22.— Confined Three Months.
GEOROE OSBORNE. I am a wool-stapler, and live at Clapton. On the 15th of Feb., between five and six o'clock, I was going up Leadenhall-street—I felt a pull at my pocket—I turned, and saw the prisoner and another young man behind me—I felt, and my handkerchief was gone—I said, "You have taken my handkerchief"—the prisoner ran away—I followed him till a policeman took him—as we were going to the station we met Mr. Kerr, and he produced the handkerchief to me—it was mine—this is it.
ARCHIBALD KERR. I was in Leadenhall-street, near to Billiter-street—I saw the prosecutor turn and pursue the prisoner—I picked up this handkerchief on the where they ran from—there was no other man on that spot.
Prisoner. He said there was another party ran down Billiter-street. Witness. No, I did not.
Prisoner. I have proof that that is false. Witness. I know it to be true—I have know him since he came out, and for a long time before—when I have seen him he has always been in company with thieves.
GUILTY. Aged 19.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
SAMUEL DEARD. I am in the service of Henry Oliver Robinson and another, as store-keeper; they are engineers. The prisoner was in their service, as engineer, about ten months ago—they have very extensive premises, and employ a great many men—I locked up the store-room on the 25th of Feb., and next morning the four ratchet-braces and four crank-braces mentioned in the indictment were missing—the ratchet-braces were worth about 2l each, and the crank-braces about 1l each—I have seen the property produced—it is my master's and what I missed—these are the two ratchet-braces that Mr. Cole had—the prisoner had access to these articles in the hay-time.
JURY. Q. Can you prove that these are your master's? A. They
are similar to what I missed—they are quite new—I believed them to be theirs.
WILLIAM COLE. I am a general dealer, and live in the-New-cut, Lambeth; I have know the prisoner about nine months. On the 1st of March he brought these two ratchet-braces—he said he had brought two ratchetbraces out of the half dozen I had ordered—(I had ordered half a dozen of him)—he said he would let me have two more the next day—I gave him 1l4sfor these, and the other two I was to have for 1l
Prisoner. Q.What are you? A.A general dealer in tools, furniture, and fixtures—I never purchase stolen property that I know of—I have been in business about two years—I was never convicted of perjury, nor charged with it.
COURT. Q. What did you want six of these for? A.I wanted them to sell—I had a dozen of them by me at home—I never knew what they are used for—I have sold two or three of them, and I thought I might want more.
SARAH STEWART. I live in May's-place, Stepney; I go about the banks of the Thames to get what I can. In the beginning of March I was near the Mast-house-stairs—I saw two bright things, I did not know the name of them—some tools were missing—I told Mr. Crisp—I took him to the place, and he took possession of them.
ZACHARIAH CRISP. I am clerk to the prosecutors. Stewart gave me information—I went to where she took me, and found these two ratchet-braces, they are my master's, and two of the four that were missing.
COURT. Q. What are they for? A.They are used to drill holes in iron, when they cannot be drilled with a larger machine.
Prisoner. I never saw Cole in my life till he was brought up to Westminster, neither did I know the object of their visit to Westminster; if Cole had know me for nine months, why did he not recognize me at Westminster? why was I to be pointed out to him?
JURY. Q.Did you suspect these were stolen? A.No, or I should not have bought them—I had bought two other ratchet-braces of him before, and two pair of stocks and dies—I sold one of them for 1s, and one for 17s—I did not know who I sold them to till I saw them at Stepney.
Prisoner. Q.When was the first time I sold you goods? A.Between nine and ten months ago—those were brass cocks—and about a month afterwards, stocks and dies—the next was the big stock and die—that was about six weeks afterwards, as near as I can recollect—I keep a book that I entered them in as tools—I have got down what I sold them for, and when I sold them—here is the book, with the name and address—there is "Todd, John-street, Holland-street, ratchet-braces"—on the side is the price sold for, and on the other side the profit—I took the same address twice.
Prisoner's Defence. I never in my life sold goods to any general dealer in London; I have made it a principle never to deal with brokers or persons of that sort; they must be aware that persons possessed of these cannot be possessed of them honestly; it is not likely if I had sold them to Cole that he would have betrayed one who had brought him such an abundant harvest.
GUILTY. Aged 25.— Confined One Year.
(There were two other indictments against the prisoner.)
SAMUEL HOWE. I live in Davies-street, Berkeley-square. On 29th March, about a quarter before two o'clock, I was on Blackfriars-bridge—I felt something, I turned round and missed my handkerchief—I saw the prisoner, and took it out of his hand—it was my handkerchief.
Prisoner. Q. Was I the only person behind you? A. Certainly not, there was a crowd—I saw no engineer.
Prisoner. I am innocent; I am not in the habit of doing such things.
GUILTY.* * Aged 21.— Transported for Seven Years.
GARMAY pleaded GUILTY. Aged 14.— Confined Three Months.
CHARLES THOMAS GAYLER (City police-constable No. 348.) At half-past seven o'clock on Friday evening, 5th March, I saw the prisoners and three others together—they were trying gentlemen's pockets—I did not see Gurney try any, but he was associated with those who did—they then separated—three of them came down Holborn, and went down Farringdon-street—I watched the prisoner—they met the prosecutor, then turned and followed him—Garmay took this handkerchief out of his pocked, and gave it to Gurney—I took Gurney, and this handkerchief was found on him at the station-house—I asked him if there were any letters on it—he said "No"—there are three letters on it.
Cross-examined by MR. ROBINSON. Q. Where was it that this took place? A. In the narrow part of Holborn, opposite St. Andrew's Church—the prosecutor was coming down the hill—the prisoners met him and followed him—Gurney was rather nearer to me than the other—he rather impeded my view of him.
(The prisoners received a good character.)
GURNEY— GUILTY. Aged 23.— Confined Three Months.
MICHAEL HAYDON (City police-constable.) On the 6th March, about half-past three o'clock, I saw the prisoner in Cheapside, feeling the pockets of several gentlemen in a crowd—I watched and followed him to Ave-Maria-lane—he went to a gentleman there, and drew this handkerchief from his pocked—I asked the prisoner for it, and he drew it from his pocket—I showed it to the gentleman, he said it was his, but he was very busy and could not attend—I do not know what his name was, he did not give it me.
Prisoner. I picked the handkerchief up in the crowd; the gentleman said it was not his. Witness. No, he said it was his.
GUILTY. Aged 17.— Confined Three Months.
JEMIMA BENGER. I am the wife of Thomas Benger, a tobacconist, of Chelsea, the prisoner was in his service—in consequence of suspicions, on 16th March, I marked seven screws of tobacco, containing 1/4 of an ounce each, and on the following morning, three of them were gone—I sent for my husband, and accused the prisoner of it—he denied it—I said "You have been up stairs"—his box was up stairs—I had it brought down—the officer opened it, and found three screws of tobacco in it, which I had marked—I had lost a great many before—these are them.
Prisoner. They were what I bought of her on the Sunday morning.
Witness. He never bought any of me in his life—they were all right on Monday night, and three of them were gone on the Tuesday morning.
GUILTY. Aged 21.— Confined Three Months.
GUILTY.† Aged 45.— Transported for Seven Years.
933. EDWARD ALFRED MOUNTAIN was indicted for stealing 2 pairs of trowsers, value 1l.; and 1 waistcoat, 5s.; the goods of John Astwick: also for embezzling 10s. 4d., the monies of Richard Socket, and another, his masters: to both which he pleaded
GUILTY. Aged 30.— Confined Four Months.
GUILTY. Aged 22.— Confined Three Months.
935. JOHN MILNER, WILLIAM SYKES, THOMAS EDWARDS, ZACHARIAH FURMAN , and WILLIAM JOHNSON , were indicted for stealing 13 pints of brandy, value 1l. 12s. 6d., the goods of the London Dock Company; to which
SYKES pleaded GUILTY. Aged 17.
FURMAN pleaded GUILTY. Aged 18.
JOHNSON pleaded GUILTY. Aged 18. Confined Three Days.
JAMES ROEERT WHITE. I am an inspector of the Thames-police. On the 23rd of March I was passing round the east quay of the London Docks—I saw a cask of brandy leaking—I examined it, and found two holes plugged up—I went on board the brig Favourite, and found Milner, Sykes, and Edwards—I commenced searching, and under a bed-place where Milner and Sykes were lying, I found a bottle, containing one quart of brandy, put into a stocking—I asked them who it belonged to—they each replied they did not know—I then asked who the stocking belonged to, and Milner replied, "It is mine"—I also found a fellow-stocking in his bed-place—on searching the coal-hole, I found two bottles containing brandy—the Favouritewas in the docks, and persons on boars would have an opportunity of getting to the quay—I asked who put the bottles into the coal-hole—Sykes said, "I did"—I asked him how he came by the brandy—he said he got it from the quay, that he bored a hole with a gimlet, got the brandy out, and brought it on board
in a bucket—Ithen examined the ded-place, and found a bottle containing brandy—I asked Edwards how it came there—he said Sykes brought some on board in a bucket, and said, "You shall have some," and that he took a bottle and put some into it—I then went with Dix on board the Verdumnu's, where we found six other bottle of brandy—Johnson and Furman were on board the Vertumnus.
MILNER— NOT GUILTY.
EDWARDS— NOT GUILTY.
Prisoner. A woman gave it me to sell—I told you if you would not give 4d. for it, I would not leave it—I showed you the piece of cloth the woman gave me to sell it. Witness. She said so, and she showed me a piece of cloth that looked like the sleeves of a coat, that she said the woman gave her.
Prisoner's Defence. I met a woman who had two mats under her cloak; she asked me to go and sell one; to get 4d. for it, and she would pay me.
GUILTY. Aged 42.— Confined One Month.
REBECCA GARLAND. I am the wife of George Garland, of Upper Northplace, Gray's-inn-road. The prisoner is a relative of mine—she came to visit me on the 9th of Feb.—I afterwards missed these articles which are here—they are mine.
RICHARD BAYLIS. I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 15th Sept., 1845, having been before convicted, and confined one year)—the prisoner is the person.
GUILTY. Aged 31.— Confined One Year.
JAMES GUTTERIDGE. I live in Alpha-place, Regent's-park. On Saturday, the 13th of March, a little girl came up stairs to me—I went down and saw the prisoner—she had sent word up stairs that she was a pew-opener—I asked
her what she wanted—she said she came from the Foundling-hospital—I saw a portion of a coat hanging under her shawl—I took hold of it, and found it was my own coat—I said I should give her in charge of a policeman—she said, "You can't do that, you did not see me take it"—I looked out and saw a policeman—I beckoned to him, but he did not see me—I went back and got my hat—the prisoner went out, and was going away, but I got a policeman, and he took her—I had thrown the coat down in the hall.
Prisoner. Q. You took coat of me, and said if I did not get out of your house you would kick me? A. No.
JOHN WESLEY GADSDEN. I saw the prisoner take the coat off the nail in the hall—I took hold of the sleeve, and I asked her what she was going to do with it—she turned up against the wall, so that I could not see the coat—Mr. Gutteridge came down directly.
Prisoner's Defence. I had not been very well; I went to that house to get a letter for the hospital; I rang the bell; a little girl opened the door; I went into the hall; this coat was hanging in the hall; it caught my shawl, and I took it to put it on the nail; when the gentleman came down and took it, he said if I did not leave the place he would kick me; I ran across the road; I looked behind me and saw the prosecutor and the policeman, who said, "You must come with me to this gentleman's house;" I went, and he brought out this coat and gave it to the policeman; he may as well bring everything out of his place, and give it to the policeman, and say I took it, as this coat.
CHARLES HAWKER (police-sergeant D 9.) I produce a certificate of the prisoner's former conviction at this court—(read—Convicted 2nd of Feb., 1846, having been before convicted of felony, and confined one year)—the prisoner is the person—there were several other charges against her then.
GUILTY. Aged 23.— Transported for Seven Years.
ROBERT ALDERSON. I am a tea-dealer, and live in Lamb-street, Spitalfields. On Friday evening, the 26th of March, I had some cheats of tea safe—they had been placed near the shop door, about two feet inside—I missed one the next morning—I have seen it since—the number on it corresponds with the invoice which I have and with the chest I missed.
JOHN JONES. I am a cabinet-maker, and live in Crown-court, Spitalfields. On the evening of the 26th of March, about nine o'clock, I was about to enter the prosecutor's shop, and I saw Hall come from the door with a chest of tea in his arms—Cecil and two other persons who took it from Hall were there—they took it into a by-street and emptied the contents of the chest into a bag—I passed by and saw them do it.
Cecil. Q. How was I dressed? A. The same as you are now.
Cecil. I had a blue coat on.
Hall's Defence. I was standing at the top of Flower-and-Dean-street; a man came by with a truck and asked me if I would earn 1s.; I said "Yes;" I assisted him with the truck to the Eastern Connties Railway; he gave me 1s.; I was then passing the top of a street, and heard four or five men talking; I did not know what they were talking about; I waited there; the policeman were coming, and the men ran away; the policeman said, "Here is the chest, but no tea;" I said, "Here is tea on the ground;" I stooped down and gave it to one of them; I stood there two or three
minutes, and one of the policeman caught hold of me; I asked what it was for; he said, "For this tea."
Cecil's Defence. I have a witness to prove I was not there at the time.
MRS. ELDRIDGE. I am the wife of James Eldridge, a master bricklayer. We live at No. 10, Cambridge-street, Bethnal-green-road—last Friday week John Cecil was at my house from between three and four o'clock in the afternoon till after the clock struck nine in the evening—he came to see if my husband had a little work for him—my husband was out—there was only I and my children at home—Cecil has been doing a little work in the labouring line for my husband, who has been doing jobs for Mr. Pereira and for several persons—it was not till the Tuesday morning that I heard Cecil had got into trouble—he is my brother.
(Cecil received a good character.)
HALL— GUILTY. Aged 19.
CECIL— GUILTY. Aged 25.
Confined One Year.
OLD COURT.—Thursday, April 8th, 1847.
PRESENT.—Mr. Justice COLMRIDGE,MR. Alderman LUCAS, Mr. Alderman
SIDNEY,and E. BULLOCK, Esq.
940. JANE SHAULL was indicted for stealing 1 gown, value 5l; 14 yards of silk, 2l 10s; 1 shawl, 1l; 1 shift, 1l 8s; 2 petticoats, 10s; 1 pair of stays, 5s; 1 pocket, 2l; 1 handkerchief, 3s; the goods of Erasmus Lawrence, in his dwelling-house; to which she pleaded
GUILTY. Aged 19.—Recommended to mercy by Prosecutor.
(Peter Foreman, of Horseshoe-ally, Wilson-street; and Abel Gibbons, of Red Lion-street, Whitechapel, bedding manufacturer, gave the prisoner a good character.)
941. MARY MONTGOMERY was indicted for stealing, at St. Mary, Islington, 15 sovereigns, 1 half-sovereign, 19 shillings, and 2 sixpences; 1 cash-box, value 7s 6d; 1 watch, 1l 10s; 8 handkerchiefs, 1l 12s; 1 napkin, 1s 6d; 2 boots, 2s; 1 bonnet, 7s; the goods of Henry Lashbrook, her master, in his dwelling-house.
HENRY LASHBROOK. I live at Liverpool-terrace, in the parish of St. Mary, Islington; it is my dwelling-house—the prisoner has been in my service three or four weeks—she left on Tuesday, the 16th of March, without the slightest notice—after she was gone I missed a cash-box—in case consequence of information I went to the police-station, and found the prisoner there, and my cashbox, containing 16l 10s—I saw some handkerchief which I knew—they may be worth 25s or 30s—my name is on them—they were kept in a drawer in my wardrobe.
MATILDA LASHBROOK. I am the prosecutor's wife—I saw the cash-box safe in the wardrobe on Tuesday morning—the prisoner left about seven o'clock in the evening, and I then missed it—I know all the articles produced, they are my husband's.
going—she made me no answer—I followed and asked her again—she said, "What is that to you?"—I said, "How is it you have lost your shoes; where are your shoes?"—She said, "That is nothing to you"—I asked where she was going—she said to seek a looking, and perhaps I would give her 6d to get one—I said must accompany me to the station, uncles she satisfied me were she came from—she begged me to let her go, and said she had a cash-box with money in it which she would give me to let her go—she handed me the cash-box and handkerchiefs—I took her to the station, and found Mr. Lashbrook there, he recognized the thing.
GUILTY. Aged 27.—Recommended to mercy by the prosecutor. — Confined Six Months.
MARY ANN DAVIES. I am the wife of John Davies, and live in Great Scotland-yard. On the 4th of March the prisoner came and asked for a dozen and a half of knives and forks for Mr. Thorn—I told him he must go back to Mr. or Mr. Thorn and bring me a note for them—he left, and returned in about twenty minutes with this note—(read—"Please send by bearer one dozen and a half knives and forks. T. THORN.")—I ordered my daughter to give him a dozen and five knives and forks—I saw them delivered to him—I had lent them to Mr. Thorn before, and the prisoner had brought them back.
HENRY THORN. I live at 7, Princes-street, Leicester-square—the prisoner was in my employment at this time—"T Thorn" to this paper is not my signature—that is not my Christian name—I never authorized the prisoner to sign it.
GUILTY. Aged 21.— Confined Twelve Months
Before Mr. justice Coleridge.
944. ALFRED TRIGGS was indicted for feloniously stealing a certain post letter, containing an order for payment of 13l 2s 6d, the property of Her Majesty's Postmaster-general; he (the prisoner) being employed in the postoffice.—Other COUNTS,varying the manner of laying the charge.
MR. ATTORNEY-GENERAL, with MESSRS. CLARKSON and BODKIN, conducted the Prosecution
THE REV. JOHN FLETHCER. I live at Regent's-villa, New Finchley-road. On or about the 1st of Feb. I wrote the letter now produced—it is addressed to "Richard Hays, Esq., Secretury to the Clerical club, 13, Henrietta-street, Covent-garden"—I enclosed in it check for 13l 2s 6d, it was crossed "and Co."—I do not know whether I took it to the post or sent it by the servant—the seal is not in the same state now as it was then—it has been altogether altered—a few days after I called on Mr. Hays, and found he had not received the letter—I wrote nothing on the check—it was not drawn by me.
Cross-examined by MR. PAYNE. Q.The letter is dated the 1st of Feb., 1846? A.It was written in 1847, I am positive.
the morning of the 10th of march he came and pawned this coat and a pair of sheers, for 3s 6d-about an hour after he left I took the letter producer out of the breast-pocket of cot—it was in an envelope, and had a check in it—the seal was broken, as it is now—I put a mark on the letter, and gave it to Inspector Pearce—this duplicate (looking at one)is the one I gave prisoner.
JAMES LEWIS ASHMAN (policeman) On the 10th of March I went with Inspector Cole in search of the prisoner, and found him in the Strand—I showed him the letter produced, which I had received, and asked him how he accounted for its being found in the pocket of the coat which he had pledged that morning, at Mr. Flemming's, in St. Martin's-lane—he said he knew nothing of the letter, but that he had pawned a coat that morning—I went to his lodging, and found a quantity of duplicates and forty letters—I afterwards took him to the Post-office—he there stated that he had bought the coat the day before yesterday, which would be Monday the 8th, of a Jew in Compton-street, and gave him 2s and a white waistcoat—I found no other coat like that at his lodgings.
Cross-examined. Q.Did not he say he did not know the Jew's name, or where he resided? A. Yes—I had no further conversation with him at the Post-office—he separated the different letter found on him—I heard no Further conversation there respecting this letter.
WELCOME COLE. I am inspector of Letter Carriers in the London District Post-office—the prisoner has been a letter-carrier nearly three years, employed at the Branch-office, Charing-cross—it was his duty to deliver letters in Covent-garden, and that neighbourhood—if the letter in question was at the London District, it would not be his duty todeliver it—it bears the mark of the old office—it was posted at St. John's Wood, and arrived at the chief office from there—it has the five o'clock delivery marked on it from St, John's Wood—it would be collected at St. John's Wood at there o'clock, and arrive at the General Post office, St. martin's-le-Grand, between there and five o'clock—and be sent from there to Charing-cross, and be sorted there to be ready for the five o'clock delivery in Henrietta-street—it would not be part of the prisoner's duty to deliver it—his beat was next to the beat which included Henrietta-street, but might very likely have fallen into his hand by mistake, and if so it would be his duty to give to the party who should deliver it, or to the inspector on duty—Inspector Pearce, of the F division of police, showed me the letter on the 10th of March, and I went in search of the prisoner, in company with Ashman—I have heard Ashman's statement of what passed—it is correct—I was present at the Post-office when the letter was shown to the prisoner, and heard him say he had not seen it before, that he knew nothing of it—he admitted pawning the coat—I heard him asked if it was not likely that such a letter might be sorted to his walk by mistake—his answer was, "Very likely"—the prisoner was on duty at the Charging-cross office on the evening of the 1st of Feb., and if in the performance of his duty he would have been there at the arrival of this letter in its due course, he has signed his name as being present at that time.
Cross-examined Q. I believe you found him in the Strand? A.Yes, returning from delivering his letters—the moment I said I wanted to speak to him, he said, "Very well," and went with me to Southampton-street, where I gave him to the policeman—he afterwards said he had bought the coat of a Jew, whom he had frequent dealings with before, but did not know his name, or where he was to be found—there have always been many circularletters sent by the post.
MR. CLARKSON. Q. Are circular-letters required to delivered as well
as other letters? A.Certainly—those found wre addressed from the Taxoffice to various people in his walk.
COURT. Q. Why might the letter fall into hands by mistake rather than into the hands if the proper carrier? A.Henrietta-street being so near Covent-garden, many of the sorters do not know the difference between one walk and the other—Henrietta-street belongs to Charing-cross walk—Covent-garden was written on the letter, and he belongs to Covent-garden walk.
MR. PAYNE. Q. Are not many persons present when these letters are sorted? A. Yes—they stand very near together at work, but when placing the letter for delivery they sit down at some distance from each other.
HENRY FINLAYSON. I am a cashier of Union Bank of London—this check for 13l 2s 6d is signed by Mr. Colquhon, a customer of ours—I remember its being presented to me for payment, but cannot exactly say when—it was about a week before my attention was called to it—about a week before the prisoner was examined at Bow-street, which was on the 10th of March—it had then the words "and Co" across it—I refused to pay it, and wrote on it, "Crossed"—I have no recollection of the person who presented it.
Cross-examined. Q. Had you fund to pay it? A. Yes.
CHARLRS PARTRIDGE. I am a letter-carrier in the London District-office—I know the prisoner—I think I have seen him wearing this coat a fortnight before he was taken—to the best of my recollection this is the coat—if it is, I am certain he wore it a fortnight before he was taken—it seemed not to fit him, being rather too large.
Cross-examined. Q. You saw him wearing it one night I believe? A. That is all—I did not examine it—to the best of my recollection he wore a frock coat similar to this—I will not sweat this is the coat—I only saw it once, and that was at night.
GEORGE MIDDLETON. I am a letter-carrier in the same office as Partridge—the prisoner was my partner in the Covent-garden district. I was ill on the 1st of Feb.—I have seen him wearing a frock coat similar to this as much as two months before he was taken—it is rifle green.
THOMAS WELLS. I am a letter-carrier of the London district. On the 1st of Feb., in consequence of the illness of Middleton, I assisted the prisoner the whole day—I was present at one of the examination before the Magistrate—I was called up and shown the letter produced, and did not recollect anything about it—I afterwards went to Mr. Peacock to see the letter, as I remembered a conversation between the prisoner and me about a letter, which I thought afterwards was like this, on looking at the letter—I remembered that at the five o'clock delivery, after he had done sorting, I went to where he was sitting, and began to "set the letters in"—I came to one, read the direction, and asked him where it was to go—he said, "That is not yours"—I said, "Whose is it?"—he said, "I will take it"—I know Henrietta-street, it is not on our said, I mean mine and his—I said, "But it is not in our walk at all"—he said, "I am going there, I will deliver it"—he took it up—I recollect reading "Secretary of the Clerical Club" on the letter—I recollect it was at the five o'clock delivery, because I went that part of the ground at ten and five o'clock, and at ten o'clock I did not attempt to set the letters, and at five o'clock I did.
Cross-examined. Q. What did you do at Bow-street that day? A. I had been delivering letter close by, and knowing the prisoner's examination was coming off, went in to hear it—they called me as a witness, and showed me the letter—I did not look much at it—I said I did not know anything about it—the conversation was on the 1st of Feb., and this was on the 16th of March—I said I knew nothing about it—I did not remember it at the time,
but on consideration I remembered what passed that day—I was only on with him one day—when the letter was shown to me I was taken by surprise, and did not recollect it—I was nervous—I do not know that the prisoner was in the habit at times of hanging up his coat at the place where the letter were sorted at Charing-cross—I will not swear he never did it, I do not remember it—he had a very bad cold that day.
Q. Will you swear he did not leave the coat two hours in the office, on Monday, the 8th of March, so that anybody might have put the letter in? A. I had nothing to do with him that day, I do not believe he wore this coat at all that day, but will not swear it—I did not see it—I did not go close to it and see the breast pocket—I am rather nervous now—when I went to hear him examined I hardly knew I had been on with him on the 1st of Feb.—I went because I felt an anxiety about his being locked up—I never thought anything about the letter being in his coat pocket—after I was examined I tried to recollect all I could about the letter—I recollected something about speaking to him about a letter before I was out of the Court that day, but not sufficient to go and speak confidently—I considered the matter over, made myself confident, and went to Mr. Peacock next day—I spoke to Mr. Cole first—the words "clerical secretary" on the letter were as plain on the 16th of March as on the next day, but I had been on many different walks since I told the prisoner it was not in our walk at all, and he said, "I will take it; I am going that way, "but I did not think of that on the 16th of March—on my oath that conversation did occur—there might have been thirty men present is the office—the room is nearly as long as this Court, and rather narrow—there were men near to me at the time I was sorting the letter, but there is great noise and confusion there—they are all calling out and asking questions of one another—the check was for 13l.2s 6d, drawn by G. Colquhon.
WELCOMS COLE re-examined. I have the book in which the men signed their names on the 10th of March—Wells was on the Strand walk on the 8th of March, a man being ill—he was on the same walk on the 9th and 10th—he would be in the same sorting-room—he would sit in a different part of the office, but they sort all at the same table—(The prisoner here requested to be allowed to try on the coat, which he did.)
CHARLES PARTRIDGE re-examined. To the best of my recollection, seeing it on, that is the same coat—he was sitting down when I saw it on—what I noticed was the tails—I said it seemed not to fit him—it was rather too large.
GUILTY. Aged 27.— Transported for Ten Years.
MESSRS. CLARK and ROBINSON conducted the Prosecution.
RICHARD EATON. I am a cane-stainer, and live in Cock-ally, Shoreditch. On the 17th of March, about ten minutes to ten o'clock, I went with James Badkins and William Gobart, the deceased, to Hare-alley, where the prisoner lives—when we were at the top of the court Gobart asked me to go and call the prisoner—I went and called out, "Tom, Bill wants to speak to you"—the prisoner came down, and came to the top of the court—Gobart asked him for his things he had helonging to him, which were locked up in his box, that was the first thing that was said—the prisoner said he should not give them till such time as he paid him, and he did know that he should give them
to him then, and if he stopped there a minute he would put a bullet through his head—I turned round and said to Gobart, "Bill, I am going, I am not going to stop to be shot at"—I left him and went to my own place, about twenty yards off in the next court—when I left the prisoner was going down the court—Badkins and Gobart remained—the prisoner's house is about twenty feet from the top of the court—I went up stairs, and in not more than two or three minutes heard the report of a gun—James Badkins came and called me—I went down stairs, went up Haare-court, and saw Gobart lying in a pool of blood in the court—he drew his breath—I did not hear him speak afterwards—I did not see the prisoner then—I went for a doctor.
Cross-examined by MR. CLARKSON. Q. Had there been a row in the court about robberies of cane committed? A. No, not in my hearing, but three weeks before Christmas somebody came to my master and stated that I was robbing him—I asked him to give me in charge—I begged and prayed of him to give me in charge, and he would not—I went to the Mansion-house to get a summons against my master—they could not do anything unless I entered an action, and being a poor man I could not do that—Badkins did not work at the same place as me—Gobart did—I called him Gobart before the Coroner and grand Jury—Gobart could have gone to the prisoner without me.
Q. You did not ask him what he wanted with you, unless it was to provoke and annoy the prisoner? A. No, I never had a word with the prisoner—I was there all the time, till I heard him say he would put a bullet through his head—I did not think the prisoner meant what he said when he said he would put a bullet through him—I did not go to provoke a row—I did not expect any rowat all—on my oath I have told all that passed.
MR. CLARK. Q. How long had you been in the deceased's company before you want to the top of the court? A. All day—I was not in the court before the deceased came—I do not know how to spell Gobart's name.
COURT. Q. Did you come first into the court with Gobart? A. Yes; I was with him all the time till I went away—I was there all the time the prisoner was present—the deceased and I had not come away straight from our working place—he had not been away from me—we left work and went to the "Admiral Vernon," in Long-alley, and then went down to the prisoner's house—we had not parted—I am quite sure nothing passed in my hearing but what I have said—I was sometimes two or three yards off—I saw no young woman pass—I saw one sitting down at the prisoner's door, but did not see any one pass.
JAMES BADKINS. I am a boot-closer and live in Shirt-lane, Shoreditch—I knew the deceased. On 17th March I was at the top of Hare-alley, about ten o'clock at night—when I got there the prisoner, the deceased, and Charles Eaton were all three there—I did not see Richard Eaton—the prisoner was about four yards down the court, against a post—Eaton was close by him—after I got to the top of the court I heard deceased say to the prisoner, "I will give you a punch of the head"—the prisoner said then, "If you stop there a minute I will put a bullet in your head"—no blows were struck or aimed in my presence—Gobart had his hands in his pocket when he said so—after the prisoner said this, he went into his own house—I remained at the top of the court with Globart—he was going down the court, I said, "Bill, don't go down for fear you should be shot"—he said, "What have I got to be afraid of'—I then followed him and was against the shutters—he went opposite the prisoner's door and said, "Tom," and there was a gun fired directly—I only saw the flash and heard the noise—I did not see the deceased fall—as near as I can guess that was about ten minutes after the prisoner said, "I will put a bullet through your head"—nothing had taken
place during the ten minutes, nothing was said—Charles Eaton, and me, and Gobart, had stood still in the court for ten minutes, not talking together.
Cross-examined. Q. Had you been at a public-house with them before you fell in with them in the court? A. No; the first thing I heard was the deceased say to the prisoner, that he would punch his head—I do not know what had taken place before that—there appeared to have been some quarrel between them, but I did not come in time to hear the beginning of it—I knew Eaton and the deceased by being in the same street and living close by—I heard nothing said about a robbery—I never mentioned Gobart threatening to punch the prisoner's head till I was examined before the Magistrate—I do not know whether I mentioned it before I was crossexamined by the prisoner.
CHARLES EATON. I am the brother of Richard Eaton—I was with him at the top of Hare-court, and the prisoner, and deceased (who was my cousin) on the night of 17th March—I was not there when the prisoner came—he was there when I got to the top of the court—I did not go to the court with my brother and Gobart—on my coming up I heard the prisoner say, "If you wait there one minute I will put a bullet through your head"—I heard nothing said to that—my brother turned away and went up stairs, leaving him and any cousin at the top of the court—I know Badkins—I did not see him there—the prisoner turned away, went down the court, and went up stairs—I remained at the top of the court with my cousin for about two or three minutes—we then went down the court as far as the prisoner's house—we remained there about a second before anything happened—as soon as we got down to the entry my cousin went to go into the entry, the prisoner stood in the entry and shot him directly—I saw the gun fired by the prisoner, who stood in the entry—I was right in front of the door—Gobart was standing right before me, right on the threshold of the door—nothing was said or done by the deceased before the shot was fired—he had not spoken—he fell, and I fetched a constable.
Cross-examined. Your cousin, the deceased, went down to the door of the prisoner's house in your company, and never spoke a word? A. Not in my hearing—he did not begin by calling out Tom—he went on to the threshold of the door, he was going into the passage, but did not get in—the first thing that I heard pass, was the prisoner saying, if he stood there a minute he would put a bullet through his head—Gobart never said a word about doing anything to him.
MR. ROBINSON. Q. How long were you in the deceased's company altogether? A.Not above two or three minutes—I found him there when I first came to the court.
MARY JARVIS, JUN. I am between seventeen and eighteen years old, and live with my mother in Hare-alley—we lived on the third floor—the prisoner lived above us, at the top of the house—I did not live with him, I used to speak to him—I kept company with him—on 17th March I was in the court, sitting at the door of the house—Eaton came to the door, and called " Thomas Brooks," after he had called two or three times, the prisoner came—Eaton said, "Came this way, for I want to speak to you"—Brooks and Eaton went away together to the top of the court, six yards, or it may be more, from my door—I remained at the door—there was nobody else at the top of the court then—I knew the deceased, William Gobart, by sight—I have seen him about twice—I did not see him there at that time—some words arose between Eaton and the prisoner; I did not hear what it was about—all I heard was Eaton saying, "God strike me blind"—I took my little sister up stair—I did not
remain up a moment, and when I came down I saw Bill Gobart at the top of the court, and DickEaton and the prisoner—I saw nobody else—I was at my own door—Gobart was standing about half a yard from the prisoner, and about six yards from me, about as far as the end of this court is from me—I saw William Gobart make aim at the prisoner, he hit him in his forehead twice or three times—Gobart threatened the prisoner to come out in Cock-lane to fight—that was after striking him—the prisoner said it was not worth his which to touch him—I went from my own door into Shoreditch—I live at the Shoreditch end—I stopped about a minute, came back again and there were about half-a-dozen people at the top of the court—Charles and Dick Eaton were two of them—I did not know the others—I heard them say, if they had a b—y goof gun, like TomBrooks, they would give him a b—y good bullet, and blow his b—y brains out, or, if not, they would blow his b—y nose off—they all said so—the prisoner's name was mentioned at this time—Gobart made answer, "No, if we had a b—y good knife, we would b—y well stick it in him—I remained there—I heard no more—they all six went out into Cock-lane I went up stairs again, came down and went into Shoreditch on an errand for something, and heard the gun go off, but who let it off I do not know—I was not away above a few moments—I do not know where the prisoner was then—he was not one of the six persons who went out into Cock-line—I saw nobody in the court when I came back—I fell over the deceased's forehead—I went up to my mother's room, and found the prisoner standing at the door—he hung round my neck, and said "I have done it, I have done it"—my father and mother were in the room—the constable came up stairs and took the gun.
MR. CLARKSON to MARY JARVIS. Q. When DickEaton first came down calling for Tom Brooks, was he alone? A. Yes—he could not see the prisoner at that time—I asked the prisoner if I should say he was there—he said, "Do not tell them I am here; I will go up stairs and come down again:—Dick Eaton swore at the prisoner, and said, "D—his eyes," and said he would have his life at some time or other, but I do not know what it was about.
MR. CLARK. Q. The prisoner said, "Do not tell them I am here;" who is them? A. I do not know—Dick Eaton was the only person in the court at that time—it was that same night that Eaton spoke about taking the prisoner's life, but before Bill Gobart came—DickEaton was in the court a goodish while before Gobart came—it might be a quarter of an hour or more.
COURT. Q. You went into Shoreditch twice, did you at any part of the time go to the head of the court where they were standing? A. Yes, before I went into Shoreditch the first time, I was then as near to them as I am to the jury-box—while I was there, Gobart struck the prisoner on the forehead—that was as I was coming rather away from them—I happened to turn my head and saw him do it—the prisoner said "I do not think it worth my while to touch you," and Gobart wanted him to go down to Cock-lane, and also to Quaker-street, to fight—I have kept company with the prisoner nearly twelve months, but no further than standing at the door at night with him, that is all.
MARY JARVER. I am the wife of John Jarvis, and mother of the last witness—I live in the same house as the prisoner, on the first floor—my daughter lives with me—it must be the fourth floor the prisoner lives on—on the night of the 17th March, the prisoner came to my door and lifted the latch up—he had not said a word before that—he did not come in—he said, 'Where is she,
where is she?"—I said, "You know very well where she is"—I did not know where she was—he ran down stairs directly, and I heard a report instantly—I thought it was my daughter he had shot—I saw nothing in his hand while he was at the door—when I heard the report, he ran up stairs with the gun in his hand—he took hold of my arm, and said, "I have done it, I have done it"—he turned to my husband and said the same words—he said nothing else to him—my daughter came up stairs, saying, "Tom, Tom, what have you done?"—he made no answer, but fell on her neck, and kissed her—the policeman came and asked him what he had done it with—there was no answer made—the policeman took the gun, and asked what he had done—no answer was made.
Cross-examined by MR. PARNELL. Q. Do I understand you he had not the gun in hand when he came to the door? A. I did not see anything in his hand—I should have seen it if he had—he did not appear at all flurried or excited—I only occupy one room—my daughter was not in the room, she came in after the report, and after the prisoner was there.
MR. CLARK. Q. Dose she sleep in your room? A. Yes, with me, and lives with me entirely,
JOEEPH BROOKS. I am the prisoner's brother, and live in the same room with him, in Hare-alley. On the Wednesday night I was in bed, and heard somebody run up stairs—my brother came into the room—I did not see what he did—I had my head covered up—he remained in the room about two minutes—there was a gun in the room, and a powder-flask in his box when I went to bed—I heard the report of a gun about a minute after he went down—he had been using the gun the same day—he and I had gone down into the cellar, and saw a rat there, about three hours before.
Cross-examined by MR. CLARKBON. Q. How long do you think you have been standing in the witness-box? A. I do not know—I cannot tell how long I have been here.
JOHN LOCK (police-constable H 201.) On 17th March, about ten o'clock at night, I was on duty in Shoreditch, and heard the report of fire-arms—I went to the spot—before I got to Hare-alley I was called—I went to No. 3, in the court, and found the deceased—I lifted him up, and saw the ramrod of a gun near him—in consequence of what was said, I went up stairs, and found the prisoner on the first floor, with a gun in his hand, in the act of giving it up—I took it from him—his father was there, and said something about what he had done—the prisoner answered, "I have had my revenge; he has injured my sister and others of mine, and I have had my revenge, and if had not done so he would have taken my life"—I had told him that Gobart was dead—I took him into custody, he went quietly with me—I searched him, and found some shot on him.
Cross-examined by MR. CLARKSON. Q. How many times have you been examined in this matter before the Justice? A. Twice—I did not say a word at the first examination about what he said about his sister—I was first examined before the Magistrate, then before the Coroner, then before the Magistrate again.
HENRY HARRIS (police-inspector.) The prisoner was brought to the station, and made a statement to me—he said, "If I had not done it, perhaps they would have had my life; they threatened to drag me out, four of them, about ten minutes before"—I was at the prisoner's room the same evening—I examined his box, and found some shot—I saw his father take a powder-flask from the window-seat—he handed it to me.
JAMES RICHARD HANCOCK . I am a surgeon, and live in High-street, Shoreditch—I found the body of the deceased lying in the passage, in a pool of blood—I found a gun-shot wound on the left side of the neck, which I have no doubt caused the death—the carotid artery and jugular vein were wounded—I extracted the shot.
MR. JARVIS re-examined Brooks has a sister named Sarah—her and Gobart had lived together for some time—I suppose the prisoner knew that—I do not know that that occasioned any bad feeling between them—it had been going on about eighteen months—they lived in the house before I lived there—I have lived there twelve months, and they lived there before that—I am not aware of any dispute between Brooks and Gobart in consequence of that.
GUILTY of Manslaughter Aged 21.— Transported for Life
MR. CHARNOCK conducted the Prosecution.
FREDERICK PATEY CHAPPELL . I am a solicitor, and live at No. 25, Golden-square—I bank at the Union Bank of London. Mr. Platt described a check to me—I do not know Arnold—this piece of paper produced has "F. P. Chappell" on it—that is not my signature—it is extremely like my writing—I gave nobody authority to sign it—I know nothing of the prisoner or Mr. Arnold.
JESSE JEAPES (police-constable c 46.) On Tuesday night last, about twelve o'clock, I saw the prisoner in Little Ebury-street, Pimlico, at his own door, No. 8—I asked if his name was Demden—he said, "Yes"—I told him I was a policeman, he must consider himself in my custody for presenting a forged check for 120l at the Union Bank—he said, yes, he did present one, but was not aware it was forged, and that it was sent to him by a person named Arnold—I said, "Have you the check in your possession?"—he said, "No; but I have the letter: I met Arnold against the Egyptian-Hall, Piccadilly, and gave him the check back, and we had no conversation"—I searched the prisoner at the station, and found this letter in his pocket—(read—"Dear Demden, have the kindness to present this for payment, and meet me with produce at Davis's, this evening; we will have a cigar together. I have an appointment for the whole afternoon, and cannot attend to it myself. G. Arnold. Directed,—Demden, NO. 8, New-street, Spring-gardens, Charing-cross.")—I found several memorandums upon the prisoner—I found the piece of paper produced, upon the table in Lord Abinger's library, at Spring-gardens, not in the prisoner's lodgings—I have ascertained that he had permission to go to Lord Abinger's library—I did not show the prisoner the paper—nothing passed as to who Arnold was—I have inquired at No. 3 and at No. 8 Walcot-square for him, and have not found him—I found seventeen duplicates at the prisoner's lodging.
Cross-examined by MR. DOANE. Q. Did not the duplicates relate to his books? A. Yes—he told me he had not got the check, and added, "But I have the letter which was sent to me with the check"—I found his address quite correct.
MR. PLATT, clerk at the Union Bank, being called to produce the check, did not appear.
JAMRS CONNOR. I am a plasterer. In March last I lived in Star-court—about half-past twelve o'clock on Saturday night, the 13th of March, I was going up Brad-street, St. Giles's—I did not see any men behind me till they came forward—one man only came forward, that was the prisoner—I had never seen him before—I am sure he is the man—he struck me in the forehead with a small stick—I called for the Police, and he struck me in the face with his naked hand—the policeman came to my assistance, and he ran away—the policeman followed and took him—the other men pulled my coat and got it open—after prisoner was taken, they pushed me into a gin-shop, and said, "Come, old fellow, and have some gin"—the prisoner struck me twice—none of them put their hands into my pocket—I was sober—I bad had nothing but 3d worth of rum-and-water.
HENRY BINGHAM (police-constable.) On the 13th of March, a few minutes before twelve o'clock, I heard a cry of "Police!" and saw the prisoner, on the opposite side of the road, trying to stop Connor, who still kept crying out, "Police!"—I saw him strike him several times in the face with his fist—he ran up a court—I did not lose sight of him, till I took him into custody—he had this stick with him, which Connor identifies—I had another constable with me, who helped me take the prisoner to the station—he is not here—he did not see anything of it.
Prisoner. Q. Was I sober? A. You were not drunk; when you got to the station you laid down, and would not give your name or anything—Connor was sober.
GUILTY of a Common Assault. Aged 24.— Confined Six Months
WILLIAM FOSTER. I am an outfitter, and live in High-street, Shadwell. On the 13th of March the prisoner brought an advance note for 2l 5s to me, and desired to have it cashed—I looked at it, and said, "How is it, that you being a carpenter of a ship, only have 2l 5s?"—he said he had had a month's advance, and Mr. Stocker had cashed it for him on account of the ship being delayed and her voyage altered—the captain had agreed to give him another half-month's advance—I asked if he had joined the ship—he said, "Yes, several days ago"—that his tools were on board, and that he wanted it partly in money and partly in goods—I was a long while before I acceded to it, it not being payable till after the ship left Ireland—he offered to allow me 10s if I would cash it, and after consideration I agreed—I desired him to put his name on the back of it, which he did—I let him have a monkey jacket and a sovereign.
Cross-examined by MR. PAYNE. Q. For how long was the money to be advanced? A. That was uncertain, the ship was going to Ireland first—I did not refuse to do it unless he gave me 10s—it was his own proposal—the jacket was worth 14s—I should not have got 11s exactly—I said there is 1s difference, and we had a glass of something which was paid for out of the shilling—I swear the jacket is worth 5s—I cannot sat what I have for it—I cannot swear it cost 7s
DANIEL CHAMP STOCKER. I am a licensed shipping-agent. I know Captain Chambers of the Caledonia—George Tegg is the owner—I know the ship—she has gone to Ireland—I shipped the prisoner on board as carpenter on the
13th of March, and gave him this advance note, which he was to take to the captain to get his signature to it—he knew where the captain lived—he did not return to the ship after—the signature, "James Chambers," to this note is not the captain's writing—the prisoner had had a month's advance before this—I went to the station the night the prisoner was taken—he said he took the note into the Old Rose in the Highway, that there was a man writing there, and he got him to put the captain's name to it.
Cross-examined. Q. Did you cash the first note for him? A. Yes, it was for 4l 10s—I got 2s in the pound out of it, not half-a-crown—I will not swear I did not get 11s 3d—I generally charge 2s 6d in the pound—that is very poor pay—I have received many bad notes.
COURT. Q. When was it payable? A. Three days after he ship left the Downs—it might not be paid at all, and therefore we have great risk—five men out of twenty do not sail—if he had got the captain's signature it would have been all right—I do not know whether he went on board the ship—I have sent for his tools—I have known the captain's writing for years, and have seen him write fifty times—the prisoner was serving on board the ship for three days when he had the first advance note, but not at all before—I gave him the note in question without the signature—if the passage was altered the owners would not pay—those are the terms on which the money is advanced—if the vessel clears the Downs, and the man is in it, the owners are liable—if he had produced the note to the captain, he would have signed it is as a matter of course.
EDWARD SALMON (policeman.) I apprehended the prisoner, and told him the charge—he said he got the man to sign it to save him the trouble of going down to the captain; that he was willing to go on board, and leave half his pay till the money was paid.
NEW COURT,—Thursday, April 8th, 1847.
Sixth Jury, before Mr. Recorder.
GUILTY. Aged 19.— Transported for seven years.
GUILTY. Aged 22.— Confined Six Months.
951. GEORGE BURR was indicted for stealing 1 brass window-guard, value 1l 5s, the goods of Samuel Reeves, and fixed to a building.—2nd COUNT, stealing a window-guard and 13 pieces of brass; to which he pleaded
GUILTY.** Aged 19.— Transported for seven years.
952. GEORGE YARNELL was indicted for stealing 360 yards of stained paper, value 3l, the goods of Robert Denton: also, 428 yards of stained paper, value 3l 18s, the goods of John Knight; to both of which he pleaded
GUILTY. Aged 40.— Transported for Seven Years, upon each Indictment.
GUILTY. Aged 23.— Confined One Year.
GUILTY. Aged 14.— Confined One Month.
GEORGE HEALD. I live with Mr. Sturge, a butcher in Somers-town. On the morning of the 16th of March I was in his shop, and saw the prisoner Ryan—he is in Mr. Gamble's service—he had taken down half the shop shutters-Palmer was standing by his side—I saw them together in conversation before the shutters were taken down—when the shutters were being taken down, I saw Palmer draw a basket of potatoes from one side of the shop from behind the shutters, put them on his right shoulder, and walk away with them—Ryan stood close by him, and might have touched him—I went over to Ryan, I called him by name, and said he ought to be ashamed of himself—I went into the shop and said to Mr. Gamble, "Do you know a man has taken a basket of your potatoes?" she said "No"—I pointed in the direction in which the man went, and she told Ryan to go after him, but he would not move—Palmer was taken about ten o'clock, in Brill-place.
Palmer. Q. Why did you not stop me? A. Because I had no one in the shop.
WILLIAM GAMBLE. I keep a potato-shop in Churchway, Somers-town. I was at market that morning—I came home about nine o'clock—I found that a basket containing ½ cwt weight of potatoes was gone—Ryan had been in my service about three months—Palmer was taken in Brill-place, and I had Ryan taken to the station as well.
(The prisoner Ryan received a good character.)
PALMER— Guilty. Aged 19.— Confined Six Months.
RYAN— GUILTY. Aged 15.—Recommended to mercy — Confined Fourteen Days.
MR. DOANE conducted the Prosecution.
JAMES WILLIAM BOYLE. I am a rug and flock-manufacturer, and live in Cleveland-street, Fltzroy-square. The prisoner had been in my service for twelve months or more—I deal in these articles—I purchase them from the army contractors—they are of great value to me as a manufacturer of flock paper—I had missed this property for some considerable time—I missed some in June and in October—the property produced is such as I deal in—the prisoner had access to it—I gave him no authority to have any of it off my premises.
was in his service at that time—the flock that is here I bought of the prisoner—I never knew the weight of it exactly—I paid 4sand some odd pence for it—the prisoner brought it to where I then lived, in Cumberland-market, it was about twelve months back—I think it was in April or May—I have had it at home ever since—it was found on my premises.
COURT. Q. You know where it came from? A. I cannot exactly say where it came from—the prisoner is dealer in flock.
Prisoner. Q. Mr. Rackett was there the morning you paid me. A. Yes, he was.
MICAIAH REED (police-constable E 108.) On 10th March I went to No. 3, York-street, Westminster, where the witness, Norman, then lived—I found this flock—it was then in a bed—it weighs rather more then 301lbs.
JAMES COLLINS. I was in Mr. Boyle's service in May last—I know the prisoner—in the course of that month it was agreed between me and the prisoner—and Norman, that this flock should be taken out of the premises before breakfast, and there was to be a drop of porter stood for it—Gill got the flock—it was worth about 4s 2d—there were two nets of carpet spoken of, which I received for myself—I got 3s 4d as my share.
COURT. Q. Who had them? A. I cannot say—I know they were sold—I cannot say where—I know Gill took them out of my master's premises.
prisoner. Q. You say you received 3s 4d, how long was that ago? A. I know no more than any gentleman here.
Prisoner. It is nothing but spite against me; you have been the biggest vagabond yourself of the whole lot, and it will be proved too.
SAREH SLATER. I am the wife Thomas Slater, a marine-store dealer—I know the prisoner—I have bought of him what we call in the trade "flock," in different lots—it must have been from June till September last—we do not keep the flock, as soon as we have a sale we sell it.
MR. DOANE conducted the Prosecution.
RICHARD GOLDER. I am in the service of a pawnbroker in Norfolk-street—this hearth-rug was pawned on the 12th of May for 5s, by a female—I saw her at the Police-court, and there she said she was the prisoner's wife.
MICAIAH REED (police-constable E 108.) I went to the prisoner's lodgings, at No. 6, Cleveland-street—I told him I was come to take him into custody for robbing his master, and also his wife for selling the things—he said he sent his wife to sell the things, and she was not aware they were stolen—at the Court the rug was produced—the prisoner said, "I sent my wife with that rug—it was pawned, and Collins had half-a-crown of the money."
Prisoner. Q. I would just ask whether any of them were hidden? A. I found these small pieces in a box, and the ruggings on the bed.
are Government stores—they have the broad arrow on them—they can only be obtained through particular channels—I purchased them to make red rugging flock, which is of a better description than that in this bed—I have missed such for some time—a certain number of persons are permitted to buy the Govermment stores, and we buy of them again—these have been coverings for the horses in the Cavalry—I generally buy tones of it at a time—it is broken up by a machine—I have lost hundred-weights of this scarlet cloth—I know this rug by my own marking—no one marks a rug so but me.
prisoner's Defence. These pieces of ruggings were never on the prosecutor's premises; the rug was given me by the prosecutor's servant, James Collins, the witness in the last case; he has been robbing his employer ever since he has been on the premises, and advising others so to do; that is about three years.
GUILTY. Aged 39.— Confined One Year.
Cross-examined by MR. ROBINSON. Q. Did you see him sign the receipt? A. Yes, and I paid him the money.
GEROGE ELSWORTHY. I keep a baker's shop in Southampton-row, Bloomsbury—the prisoner was in my service between eight and nine months—he had to deliver goods and to receive money for me—he never accounted to me for the money in question—I cannot say the day on which he left me, but I found after he had left that he had received this money—I never charged him with receiving it—he accounted to me about five or six o'clock in the evening for what he had received in the day—he went through the account every day.
Cross-examined. Q. Was it on Saturday he settled with you? A. No, every day in the week—he was not in the habit of passing over two or three days—I think he has taken 35s or 36s a day—I should think the omission of this could not be referred to mistake—he left me on Sunday morning—I had given him warning on the Monday before—I think it must have been the beginning of March that he left—he called on me one Sunday evening afterwards, when we came from Church—I had not discovered that this 3s 6d had been paid—I discovered it on the Tuesday following—this bill went in on the 27th Feb.—I cannot say whether it was on the 3rd or 4th of March I discovered that this money had been kept—I cannot say whether it was on Sunday the 7th of March that he called upon me—it was at nine o'clock in the evening—I told him there were several things wrong, and he must call, not knowing that this had been received—this is my signature to this deposition—my statement was read over to me—(read)—"About the 3rd or 4th instant I discovered tjat the 3s 6d specified by the witness Gorrie had been paid on the 27th Feb. the prisoner had left my service—on Sunday last, the 7th instant, I saw the prisoner at my house—he called there—it was in the evening, after I am from Church—I neither mentioned the subject of the 3d 6d to him nor gave him into custody."
COURT. Q. What did he leave you for? A. I found there was a game going on with him and my men—he came to me first as an errand-boy, and then he went on very comfortably—I gave him 1sa-week—he went on very well—I gave him 2s a-week, and then he got drunk, and insulted my customers—I never gave him an opportunity to explain, till I took him into custody.
and then he said he would pay me the money if I gave him time—the amount of his account, on the 27th of Feb., was 9s 9 ½ d
Cross-examined. Q. Is this your writing in the book? A. No, my wife's; she generally took charge of the books—I attended to the work down stairs—this is the men's book, where bread they take out is entered—here are the names of the persons entered—he has the names of the persons called over to him, and he says so much money to such a person, the cash is reckoned up, and he pays it in—if he had paid in this money in the name of Bray, it would have been here—my wife is not here.
GUILTY. Aged 17.— Confined Two Months.
JOSEPH DALTON (City police-constable, No. 366.) On Saturday afternoon, the 13th of March, I saw the prisoners in St. Paul's Church-yard—they went up Cheapside, and I followed them—at the corner of Bow-lane, Thomas put his hand into the prosecutor's pocket, and took this handkerchief out—they turned down Bow-lane—I went and told the prosecutor—when Thomas took the handkerchief, Goodall was behind him, covering him—it appeared to be done designedly, he was acting with him.
GEORGE WILLIAM MARSDEN. I am a solicitor, and live in Cloak-lane—Dalton spoke to me—I followed him down Bow-lane, and I saw him take my handkerchief from the prisoner Thomas—Goodall was with Thomas—they appeared as companions.
GOODALL GUILTY. Aged 19.— Confined One Month.
THOMAS HUBBUCK (the younger.) I live in Wellclose-square. On the 25th of March, a little before five o'clock in the evening, I was in East Smithfield—I felt something shake my pocked—I turned, and no one was near me within half a yard—I had passed the prisoner, and he could not have been then half a yard from me—when I turned he was about a yard from me m and I saw be was eyeing me very attentively—I went to him and saw that his pocket projected—I opened his pocked—he resisted, and I tore his pocked—I found my handkerchief in it—when I produced it, he said it was his—I know it is mine by the private mark.
Prisoner. I was passing on the opposite side of the London Dock; I picked up the handkerchief; I did say it was mine. Witness. When he was given in charge he said he picked it up, but not when he was struggling to retain it.
WILLIAM JONES. I am a lighterman and waterman—I came out of St. Katharine's Dock about five minutes before five o'clock that afternoon—I crossed the road to the Brown Bear, and saw the prisoner lift up the prosecutor's coat, take the handkerchief, and put it in his left-hand pocket—the prosecutor laid hold of him, and asked what he had about him—I saw him tear his pocket, and take the handkerchief out of the pocket.
Prisoner. There were seven or eight men standing against the public-house door; a man ran by, and threw the handkerchief down; I took it up; I did not know whose it was; I was three or four yards away at the time the gentleman turned round.
WILLIAM PEARCE ( Police-constable H 154.) I received this handkerchief from Mr. Hubbuck—I received the prisoner into custody on his charge.
GUILTY.* Aged 26.— Transported for Seven years.
ELIZABETH HARRIS. I am the wife of Edward Harris, of No. 27, Artillery-row Westminster. The prisoner was in my service—I left her in my house on the 24th of March, and missed her on my return—I afterwards missed a shawl—I found the prisoner the next day in a house in Kelso-place—I took an officer with me, and found the shawl on the prisoner's back—this is it—she said I had lent it her—I said, "No, I never did, I was not in at the time."
Prisoner. You lent it me on the Saturday night; I went out with it, and you go a letter for me to go to the hospital; You said my cloak was too shabby to go out. Witness. No, I lent her an apron, not the shawl—she had been with me before, and I turned her away for sleeping out at nights—I took her again for pity—she had only been a week with me.
GEORGE MEADS. ( police-constable s 250.) I went with Mr. Harris to No. 12, Kelso-place, Lisson-grove. The prisoner came down stairs, and tried to make her escape by me—she appeared to be going away—she had this shawl on, and Mr. Harris claimed it—I took the prisoner to the station—she said the shawl was lent to her.
Prisoner. I said it was my mistress's—I gave it you—my mistress took me back again, and I said I would take care of her place—she lent me the shawl to go out—I went back with it.
ELIZABETH HARRIS re-examined. She had no the shawl on when she went to the hospital.
Prisoner. Yes, I had; and your mother gave me a clean night-cap in case I should be kept there; you used to give me your things to put on.
GUILTY . Aged 19.— Confined Three Months.
FREDERICK WINTER . I am assistant to Mr. Francis Willett, and another, linen-drapers, in Grosvenor-place, Commercial-road. On the 25th of March, between twelve and one o' clock, I saw some handkerchiefs falling from our rail—I went out and saw the prisoner—he had got the handkerchiefs under his arm—I took him into the shop—he said he did not take them, but that M'Cor-mack and another boy did—there were ten handkerchiefs—they had the shop ticket on them—these now produced are them—they belong to my masters.
Prisoner. I was going by, and a boy tucked them under my arm. Witness. He was about five yards from the shop—I saw the handkerchiefs fall from outside the window—I jumped over the counter and took the prisoner.
THOMAS BERRY. I was on the opposite side of the way—I saw the pri-soner pick the handkerchiefs up, put them into a cloth, and walk away with them—winter stopped him, and took him into the shop.
prisoner. The boy owned that he pulled them down and gave them to me.
and gave them to him—he pointed out M`Cormack, who said he did take them, and gave them to the prisoner.
RICHARD JAQUES (police-constable K 71.) I produce a certificate of the prisoner`s former conviction at Clerkenwell—(read—Convicted 24th Nov. 1846, and confined three months)—the prisoner is the person.
GUILTY. Aged 13.— Confined One Month, and Whipped.
MICHAEL BENJAMIN. I keep a wholesale cigar manufactory. The pri-soner was in my employ as a tobacco-stripper—I stopped him as he was going to leave on the evening of the 24th of March—I spoke of sending for a constable—the prisoner said he had nothing on him, but when he found I was sending for a constable, he produced five cheroots from his pocket, and said it was the first time, and he was very sorry—I gave him into custody, and at the station one more cheroot was found on him—they were in such a state, that I could swear to them—they had been made that day, and were damp, not fit for sale—it was a general holiday that day, and I gave the prisoner and all the others one—there were five men at work.
cross-examined by MR. DOANE. Q. Are not lads like the prisoner in the habit of smoking? A. I do not know—I allowed him two cigars every night—he expressed great sorrow for what he had done, said he hoped I wouldoverlook it, and he would never do it again—I had a very good character with him.
JOSEPH HOOLEY (police-constable G 42.) I received the prisoner into custody, and five cheroots from his master—another cheroot was produced at the station—he said he was very sorry for what he had done, he hoped Mr. Benjamin would forgive him, and he would not do so any more.
GUILTY. Aged 19.— Confined Six Months.
965. GEORGE HAUPT was indicted for stealing 7 candles, value 6d; and 3ozs. of sugar, 6d; also 78 candles, value 5s; 1 bed-tick, 1s; 2 blankets, 2s; 3 towels, 2s; 171lbs. weight of sugar, 9s 3d; and 1lb. weight of string, 6d; the goods of James William Bowman, and another, his masters; to both which he pleaded
GUILTY. Aged 48.—Recommended to mercy. — Confined One Month.
GUILTY. Aged 16.— Confined Seven Days.
967. MARY MARTIN was indicted for stealing 1 coat, value 1l 5s the goods of Alban Vokins; and 2 gowns, 1l 5s; 2 books, 4s; 1 blanket, 7s; and 1 sheet, 4s; the goods of Henry Christie, her master; to which he pleaded
GUILTY. Aged 19.—Recommended to mercy.— Judgment Respited.
968. JOHN FLETCHER was indicted for stealing 1 breast-pin, value 3s; 1 cigar-case, 10s; 8 masonic ornaments, 4l 18s; 8 cards, 1d; 1 toothbrush, 6d. and 1 nail-brush, 6d; the goods of Julius Mosenthal, and another, his masters.
MR. ROBINSON conducted the prosecution.
JULIUS MOSENTHAL. I reside in Aldermanbury—I have one partner—we are importers of French clocks, and fancy articles, and cigar-cases—the prisoner has been in our service about seven months—I received information from an officer, and examined my stock—I missed from it eight Masonic ornaments, a breast-pin, a cigar-case, a nail-brush, and a tooth-brush (looking at the articles produced)—here is a breast-pin—I believe it is mine—it is one of the articles I missed—I think this cigar-case is mine—it might have been that another importer brought such, but I am morally sure it was taken out of our warehouse—I missed some Masonic ornaments, which are not here—these duplicates are of such articles as I have lost—these are the cards on which the Masonic ornaments were—this is the card which had the ornaments attached—the writing on this card is the handwriting of the manufacturer in Paris, and this is the writing of my partner—there is no mark on this nail-brush and tooth-brush—there has been one of our tickets on them, but it has been rubbed off—the prisoner had access to these articles.
Cross-examined by MR. PARRY. Q.You have a partner? A. Yes—we import these tings from Paris—Enoch and Co. is the house in Paris for which we are the agent in London—this cigar-case is worth about 1s—I am morally sure it was taken out of our warehouse—I do not say that I missed this cigar-case—I do not think you could buy fifty like this in the Lowther-arcade—we import them in dozens—it is not likely that other houses import the same—it is quite new—this nail-brush and this tooth brush were samples—I am morally certain this nail-brush was taken out of our ware-house it is impossible to say that our stock is deficient by one tooth-brush and one nail brush—a few hundred nail-brushes and tooth-brushes were sent of different manufactures—the ticket on them is to refer to the same sample in Paris—this pin is mine—the articles in our warehouse generally have tickets, but not all—I cannot say when I had seen this pin before—it was in our werehouse, and it is now missing—when it was found I looked the samples of these pins over, and this pin was less—it is silver gilt—I do not know whether it is sort of articles sold in the Lowther-arcade, and in fancy shop—it would be nothing surprising to see a person have such a pin—we imported these pins in May or June, 1846—these tickets are what masonic ornament have been attached to—we are not constantly the habit of changing our tickets—are not changed—Mr. Haydon, my partner is in London—he is not here—we have a porter and a lad in the ware-house—the lad is not here—we have baskets in which we put waste-paper—if we sell an article of this kind, it is still kept on the paper—the paper goes away with it—the prisoner had 14s a week wages, and 4d a day extra, making 16s a week—when the prisoner was given into custody I had some conversation with him—I promise twice to him that if he told me the truth I would forgive him—I made that promise twice to him—he said he would be hanged if he knew anything about it—that was about a clock that we missed—he brought it afterwards, broken—this sealing-wax is not in the indictment—I will not undertake to say the date when I missed any of these articles—I have seen them within the last twelve months—in July, Aug., or Sept.
MR. ROBINSON. Q. Where is your book? A. Here is one which contains the number of these articles—it contains the number of these cards on which the masonic ornaments were—when these things are sold, entries are made in this book—there is no entry of these things—this cigar-case is new—I have some experience in these things—in consequence of it being new, I should not expect to see it in other places—I do not precisely recollect when I saw this pin.
Cross-examined. Q. Does this book contain an account of your stock sold and unsold? A. No—it is a book of samples, and the numbers in it correspond with the numbers in Paris—it is written by the clerk of the firm in Paris—it is sent from Paris with the samples, and it is looked over—if the samples correspond with these numbers, they are not checked off in the book as received—I saw the masonic ornaments when they first came over, and I missed them afterwards—I do not remember all the articles that come, but I remember those not sold—when an article is sold it is not marked in this book—we do not sell the samples, but when a sample is given away it is marked in this book, as it is here, because that sample is less in the warehouse—I was out of town for a fortnight, a month ago: my partner, Mr. Haydon, conducted business in my absence—he would have as much right to give or sell these articles as I have—he is not always there—he is there two or three times a week—these samples are not articles of trade—they are given away.
THOMAS CALVER. I am assistant to Mr. Allen, a pawnbroker—this pin was pawned by Susan Palmer, on the 27th of Oct., 1846, for 1s—she used to pawn in the name of Fletcher—I do not know where she lived—she frequently pawned female apparel.
THOMAS TYLER (City police-constable, No. 112.) I took the prisoner into custody—I searched his lodgings, at No. 10, Denzell-street, Clare-market—he said that was where he resided—I went up stairs, and saw a female—I asked her if Palmer lived there—she said, "Yes, my name is Palmer"—I found this cigar-case in the prisoner's hat, which was in his hat-box, and in a pocket-book, which was in a box which the female said was the prisoner's, I found these papers—I took the pocket-book away, and said, "Is there any duplicate there?"—she said, "Here is some," and she selected some which were of female apparel—she said the others related to Mr. Fletcher—I found this nail-brush and tooth-brush in the box—I found some of this sealing-wax in the box, and some in a drawer.
Cross-examined. Q. Palmer did not make the least opposition to your search? A. Not the least—I looked over all the duplicates—I took this sealing-wax to the prosecutor—he said he believed it to be his.
SUSAN PALMER. I live at No. 10, Denzell-street, with prisoner—I am not married to him—I pawned this pin—it belonged to the prisoner—I got if from him in my apartment—I had seen him with it long before he went to Mr. Mosenthal's service—it had been in my apartment till I pawned it in Oct.
Cross-examined. Q. Have you ever seen him wear it? A. Yes—I have seen this cigar-case about the place—I do not know how long.
COURT to JULIUS MOSENTHAL. Q. Are there any entries in this book, corresponding with the numbers and the writing on the papers of these masonic ornaments? A. Yes—here is on this paper "4' B., No. 2920."—I know from my memory, and form that circumstance, that masonic ornaments were at one time on these papers.
MR. ROBINSON conducted the Prosecution.
JULIUS MOSENTHAL. Our clock come from France, in wooden cases—I instructed the prisoner to sell certain cases at the latter end of Jan.—he stated he had sold them to Mr. Leek, the case-maker, but he could not get the money—that Mr. leek had not paid him—I sent him for it more than once—he said he could not get it—that he could not see Mr. Leek—he always made excuses.
Cross-examined by MR. PARRY. Q. How often have you employed him to sell goods? A. Never—but several times to sell empty cases—the first two cases he sold in the middle of Jan.—the other two in the beginning of Feb.—I have never allowed him to account to me at the end of the week for monies he had received for me—I never allowed him to deduct from his wages the money he had received for me in the course of the week—I do not recollect giving him a sovereign to pay a quarter's subscription of 18s, and when I asked him for the change the next day he said that he had been obliged to make use of it, and he would account for it at the end of the week for his wages—I recollect we had a case for Glasgow—I probably gave the prisoner money on that occasion, when he went down to the wharf—whether it was 5s or not I do not know—I probably gave him a few shillings.
Q. Do you remember on the Monday morning, when you asked him for the change, his telling you he had used a portion of it, and he would pay for it at the end of the week? A. I am not clear about that, but if so, I am sure I told him that if such a thing happened again I would discharge him—I will swear I have never allowed him to use monies which have been deducted at the end of the week—Mr. Haydon has given him orders to sell packing-cases—Ido not know whether he gave him the order to sell theses—such things are so trifling, I do not like to say—I think my partner was present—I recollect the affair completely—the prisoner was in the habit of accounting to my partner, as well as to myself—he told me when he returned that he had sold them for 3s or 4s each, and named Mr. Leek to me.
WILLIAM THOMAS LEEK. I live at No. 34, Moorgate-street—I know the Prisoner. On the 21st of Jan. I purchased two cases of him, and two on the 30th of Jan.—I paid him for them, the same days that they were brought, 7s, on the 21st of Jan., and 6s On the 30th—they were brought in the evening—he has not since that time called on me for the money.
JAMES GEORGE COLINS. I am a clerk to the prosecutors—I recollect these cases being sent to Mr. Leek's in Jan.—he sent his cart for them—I recollect the prisoner receiving directions several times to fetch the money—I have been present when the returned—he generally answered that Mr. Leek was not in.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor. — Confined Three Months.
THOMAS HOY. I am constable at the East India Dock. On the 23rd of March I stopped the prisoner coming out with a truck—I found in it, amongst other things, this coat, which was claimed by Lumsden—by my superior's order. I let the prisoner go at the time, with his promise to
return—he did not come, and I apprehended him—I found this coat concealed in a bag.
ANTHONY LUMSDEN. This is my coat—I left it in our berth, on the starboard side if the forecastle, in the ship Aboukir, which was lying in the East India Docks—I saw it safe on the afternoon on the 23rd of March—I missed it, and saw it stopped at the gate an hour and a half afterwards.
Prisoner. I and another lad were employed to clear the forecastle of the rags; I brought them out; the officer asked me who they belonged to; I said to me, and he detained me; I was not aware what was in the bag; I put a few things in, but not the jacket.
COURT to ANTHONY LUMSDEN. Q. Did you keep your coat in a bag? A. No—I think I saw the prisoner on board the ship.
GUILTY. Aged 19.— Confined Six Months.
OLD COURT.—Friday, April 9th, 1847.
FRANCOMB, Esq., Alderman; and Mr. COMMON SERGEANT.
First Jury, before Mr. Common Sergeant.
971. JOHN COLLINS was indicted for breaking and entering the dwelling-house of William Shuttleworth, and stealing therein 2 spoons, value 6d; 1 cash-box, 2s; 1 box, 2s; 4 knives, 8d; 2forks, s; and 3 memorandumbooks, 6d; the goods of said William Shuttleworth.
WILLIAM SHUTTLEWORTH. I live at No. 23, Victoria-street, Shadwell. On Sturday night, the 3rd of April, I went to bed about a quarter-past twelve o'clock—the back parlour window was shut down, but not fastened—I was awoke by the policeman about half-past three o'clock, came down, and found it lifted up to the full extent—the policeman was in the next yard—I went there—he pointed to some papers which laid in a basket, which I knew had come out of my cash-box, which was in the parlour—I returned, and found the cash-box lying open in my own yard, and a knife-case there—it had some papers in it, but nothing else—I know the prisoner by seeing him in my shop repeatedly—I had seen him in the shop about half-past eleven or a quarter to twelve that night—I lost two common spoons, which I have not found—the cash-box was near the window—it could be got without getting into the room.
WILLIAM TAPLIN (policeman.) On the morning of the 4th of April, about half-past three o'clock, on trying the door of No. 22, Victoria-street, I found it unfastened—I pushed it open, and found the prisoner standing in the yard without his shoes or stocking—I asked what he came there for—he said, to case himself—I sad, "That is strange, when you live close to two privies"—this basket stood close to him, with three books and some papers in it—he said he knew nothing about it—I looked over the wall, saw the prosecutor's back window open, and called him up—it was a very wet night, and there was no print of anybody having been in the privy—in the prosecutor's conveniences attached to his house there were marks of naked feet, but none of them went towards the window.
Prisoner. Q. Was not I buttoning up my dress? A. Yes—I found your shoes and stockings in the yard, nearly opposite your own house.
WILLIAM CARROLL O'BRIEN (policeman.) I found a pair of half-boots in the dust-hole, opposite the prisoner's house—the prisoner said they were his—I found the marks of bare feet in Shuttleworth's water-closet—I did not find any marks going towards the window.
Prisoner. I went to the closet next my own house, as the other closet was soiled; I chucked my shoes down, and ran across the yard; it was not in the yard the robbery was committed in, but in the next yard.
972. WILLIAM CLARKE was indicted for breaking and entering the dwelling-house of George Hotton, at St. Pancras, and stealing therein 2 gowns, value 2l 5s; 2 shirts, 1l 1s; 2 waistcoats, 10s; 1 coat, 1l 10s; 1screw. 2 s; 1 stock, 1s; and 1 shirt-front, 1s; the goods of said George Hotton.
ELIZABETH HOTTON. I am the wife of George Hotton, of Warren-street, Fitzroy-square, in the parish of St. Pancras. On the evening of the 25th of March I came home, and went into the back parlour—I heard something, and made a search, having been robbed twice before—I heard footsteps below in the kitchen, went out and called an officer—I gave him the key of the kitchen door—with difficulty he unlocked it, and went into the kitchen—I found a box broken open, and all the wearing apparel taken out—the prisoner was concealed under the bedstead there, with a bundle by his side containing the articles produced—they are ours—I did not find the street door open, but locked.
Prisoner's Defence. I met a person whom I knew in the strand coming along; he asked me to go down stairs with him where he lived; I went into the kitchen, as he said he lived there; I heard somebody say, "You had better go and fetch a policeman;" I went into the room and saw the man; he said, "Don't say anything, I do not live here, hold these," and gave me the two keys and the bunch, and said, "You get under the bed, and I will get into he cupboard."
GUILTY. Aged 18.— Transported for Seven Years.
973. GEORGE DAVIS was indicted for feloniously and burglariously breaking and entering the dwelling-house of John Partridge, at St. Pancras, and stealing therein 2 butter-knives, Value 5s; 2 ladles, 5s; 12 table-spoons, 1l 10s; 36 forks, 2l 14s; 1 dessert-spoon, 3s; 30 tea-spoons, 2l 5s; 3 salt-spoons, 3s; 3 knife-rests, 1s 6d; 4 egg-spoons, 4s; 1 pencil-case, 4s; 1 great-coat, 15s; 1 scarf, 2s 6d; 1 hat, 1s; 10 boots, 1l 9s 6d; 1 pair of slippers, 2s; 1 measuring-tape, 5s; 1 pair of steel yards, 2s; 1 razor, 3s; 8 sheets, 1l 8s; 13 shirts, 2l 18s 6d; 15 petticoats, 3l 15s; 18 collars, 9s; 38 stocking, 14s 3d; 3 pairs of drawers, 7s 6d; 8 handkerchiefs, 4s; 4 cravats, 6s; 15 night-gowns, 2l; 8 shifts, 12s 6d; 4 gowns, 1l 6s; 8 aprons, 12s; 4 night-caps, 6s; 3 habit-shirts, 2s 6d 8 caps, 4s; 4 cuffs, 2s; 2 pairs of stays, 3s; 6 pinafores, 15s; 5 tablecloths, 3l; 14 towels, 14s; 10 dusters, 5s; 8 pillow-cases, 12s; 1 scarf, 6d; 1cloak, 10s; 2 tea-canisters, 6s; 5lbs. weight of tea, 30s 16lbs. weight of flour, 36s; 81/2lbs. weight of sugar, 4s 6d; 12 water-colours, 15s.; 1 stick of Indian ink, 6d; 4 pencils, 1s; 6 crayons, 3s; 24 knives, 36s; 7 yards of calico, 7s; and 50 pieces of copper coin, 8s 4d; the goods of the said John Partridge.
JOHN PARTRIDGE. I live at Highfield-villas, in the parish of St. Prancras. On the 5th of March, about ten o'clock at night, I fastened all my doors and windows, and went to bed—I got up about five minues to four in the morning. went into the front kitchen, and found everything in confusion—the pantry window, which had been secured and nailed in the night before, was totally wrenched out, the shelves broken down, and the food and dishes scattered all over the place—I found the back door had been opened from the inside—somebody had got in by taking the pantry window out—I could not find the window at all—I missed a great deal of property—I called in a policeman, and in two or three minutes five or six policemen came from the station—they had just taken the prisoner—all the property now in Court is mine, and was safe when I went to bed.
HENERY WHEELER (police-constable S 324.) On the 6th of March, about three o'clock in the morning, I met the prisoner alone in the Kentish Town-road, with a bundle containing the articles produced—I took him to the station with it.
Prisoner's Defence. I picked the things up coming from Highgate.
GUILTY. Aged 17.— Transported for Seven Years.
MR. BRIERLY conducted the prosecution.
WILLIAM STRAND. I am shopman to Benjamin Prew, of Holborn. About a fortnight or three weeks ago I saw the prisoners in the shop—Mr. Prew put this check into my hand, which I took to Messrs. Ransom's Bank, in Pallmall, and presented it, but did not get payment—I brought it back, and gave it to Mr. Prew—I had not seen the prisoners make any purchases—I afterward took a parcel to No. 31, Gray's Inn-lane, to the name of Williamson—I found no such person there—I afterward saw Jenkins, sent for an officer, and he was taken to Bow-street.
Cross-examined by MR. BALLANTINE. Q. Did you see the prisoners bring the check? A. No; I did not hear, or have any conversation with them.
Cross-examined by MR. CHARNOCK. Q. Do you remember any directions given as to the address on the parcels? A. No; I was there when Jenkins came back—I did not see him give Mr. Prew his card.
BENJAMIN PREW. I am a clothier and live at No. 295, High Holborn. On 1st March the prisoners came to my shop—one of my young men served them—Jenkins requested to be shows a coat—he bought one—Williamson said he should like a pair of trowsers, which he selected—Jenkins said, "I will have a pair of trowsers also," which he close, and asked for the account, which the young man made out—it was 4l—Williamson tendered him a check for 6l 10s—the young man called the cashier, who took the check and brought it to me—I saw all that passed—this is the check—I went to the prisoners and said, "It is not usual to take checks unless we know the parties; do you live in the neighbourhood?"—Williamson said, "I live at
No. 31, Gray's-inn-lane." And wrote his address himself in pencil on the bill of parcels, which I produce—I said, "I will send the check to the banker's—he said, "Do not do so"—I said, "Oh, yes, I will"—I called Strand to go with it to the Bank, and said, "When I get the change I will send it with the parcel"—Williamson objected, but I told Strand to go, and the prisoners left the shop—about half-an-hour afterwards Jenkins came back and asked for the change and parcel—I said, "I have every reason to believe there is some thing wrong about the check"—I sent for a policeman and gave him in charge—he said he was a respectable man, and gave me his card—I sent him to Bow-street—in about three quarters of an hour Williamson came in—I said, "I have sent your friend to Bow-street, and shall send you with him"—he said he hoped not—I sent for a policeman and sent him to Bow-street.
Cross-examined by MR. CHARNOCK. Q. Who wrote this paper? A. Williamson—the officer has Jenkinson's card—(produced)—I should not know it again—he said he lived at Pimlico, and gave me a card—I have no doubt this is it, but cannot swear to it—he said he came for the change and parcel—he did not say Williamson had sent him.
THOMAS JACKSON. I am a clerk at Messrs. Ransom's, and live in King-street, Soho. On the afternoon of the 1st March this check was brought to the Bank by Strand—we have a customer of the name of "Charles Kinnear"—this is not his signature.
Cross-examined by MR. CHARNOCK. Q. It is made payable to Williamson? A. Yes.
CHARLES KINNEAR. I have an account with Messrs. Randsomand Co.—I did not write this check—the signature is not mine—I did not authorise anybody to sign it—it has been in my check book—I have lost that and seven others from the book—I do not know either of the prisoners.
Cross-examined by MR. BALLANTINE. Q. Is it at all like your writing? A. Not at all—I have suspicion as to the person who abstracted the checks.
Cross-examined by MR. CHARNOCK Q. Was that person in your employment? A. Not at all—he was about my premises at one time.
MR. PREW re-examined. I saw Williamson write his name—he said that was his name and address—not the name and address of the person from whom he had the check.
MR. CHARNOCK. Q. What part of the shop was Jenkins in then? A. They were as close together as they are now—he was not looking at anything at that time—(Check read—Dated 27th Feb., payable to Mr. Williamson, for 6l 10s, signed, Charles Kinnear.)
(Jenkins received a good character.)
JENKINS— NOT GUILTY.
CHRISTOPHER MARSH. —I am managing clerk to John Brooks, of Commercial-wharf, Lambeth. On the 27th Feb. the prisoners came and purchased some deals—Williamson, who was the purchaser, tendered me a check on Ransom's bank for 37l, and wanted the charge out of it, which I refused, not knowing him—I wished him to give me another check for 17l 6s, which was the amount of the purchase he had made—he said he had no printed check—I asked him to do it on blank paper—he wrote one for 17l 6s, 6s,
which I produce—it is signed "James E. Green"—I wished him not to cross it, but he did do it—he then said I ought to give his man the discount, meaning the prisoner Froud—I said when the check was paid, any they came for the goods, I would give him the discount—Froud afterwards came and asked for the discount.
ROBERT FLETCHER. I am in the employ of Charles Baron, a winemerchant in Pall-mall. On 27th Feb. I received a check—I took it to Ransom's—the clerk went to the book, came back to me, and wrote on the check "no account," and returned it to me—I returned it to Mr. Marsh.
THOMAS JACKSON. I am a clerk at Ransom's bank—I did not see this check when it was presented—this "no account" is written by one of our clerks—we never had an account in the name of James E. Green—I never saw either of the prisoners before.
Cross-examined by MR. BALLANTINE. Q. Have you no customer named "James E. Green"? A. No; not spelt in that way—we have a customer named "Green," but not spelt as this is.
JOSEPH THOMPSON (police-constable F 62.) On 12th March I apprehended Froud at Mr. Kinnear's counting-house, in Gerrard-street, Soho—I asked him if he knew a man named Catten (meaning Williamson), he said he did not—I said, "He is a builder and house-decorator, living at Brompton"—he considered a minute or two, and said he did not—I said, "Why, you have been painting some houses together I believe"—he said, "No; he had never done any business with him in his life"—I asked him when he saw Mr. Catten last—he said, 'About a week or four or five days ago; he thought it was Tuesday night—I said I suspected he was the man who had been in company with Catten, and uttered a forged check to a person in the Belvidere-road, at the foot of Waterloo-bridge, and asked him to go with me—he asked why—I said I was an officer, and he went with me—on the way, I said Catten had given the name of Williamson—he asked if I had a warrant—I said I had not, as Williamson was already in custody—I said "I suppose you know who I mean by Williamson? he is in custody," he gave that name—he said, "so I understand"—I took him to Mr. Brooks, and Marsh identified him.
Cross-examined by MR. PAYNE. Q. Froud is a carpenter, I believe? A. Yes.
CHARLES MARSH re-examined. When Williamson drew the check, Froud was in the counting-house—he heard what passed, and saw the check, but would not have the opportunity of seeing what name he signed—the other check was drawn in the same name.
MR. PAYNE. Q. Was not Froud in the yard, looking at the timber? A. Not at that time—I brought back the check, and said, "Is your name J. E. Green?"—Williamson said, "Yes"—Froud heard that.
WILLIAMSON— GUILTY. Aged 32.— Transported for Seven Years.
FROUD— NOT GUILTY.
HENRY DEARLOVE. I am a timber-merchant, in partnership with three others, at Waterloo-bridge-wharf, Bridge-road, Lambeth. on the 27th of Feb. the prisoner came and purchased some deals—I had seen Froud some years before, but knew nothing of him—I went into the counting-house to make out the invoice, which was 6l 5s 6d, which I was requested to do in in the name of Williamson—I did so, and he tendered me this check—I gave him. 6l out of it—it is signed "Charles Kinnear"—I asked him for his address—he wrote on the back of the check." I. Williamson, No. 10, Margaret-street, Cavendish-square"—Froud was present, saw the check tendered, and saw Williamson write the address—I do not know that he could see what he wrote—he was quite near enough to see what was going on—he did not read the check—I paid it into my banker's, and had it returned, as forged—on the Tuesday following I went to Williamson's address, found that no such person lived there, and gave the check to the officer at Bow-street—I read what was on the back of it while Froud was there—I did not read it aloud—I put no question to Williamson afterwards—nobody else was present.
NOT GUILTY .
MR. DOANE on behalf of the prosecution, declined offering any evidence.
NOT GUILTY .
Before Mr. Recorder.
MR. BALLANTINE. conducted the prosecution.
WINFORD HOLMAN. I live at No. 2, Whitmore-street, Whitmore-road, in the parish of Shoreditch; the house belongs to a man named Osborn; I occupy the first floor; I rent it under the prisoner; he occupies the lower part with his wife and children. On the 5th of April, about twelve o'clock at night, the prisoner came home with three men—I had just got to bed, and one of his friends came and called me—I partly dressed myself, went down stairs, and found the prisoner in company with three men, his wife, and another woman—I took some beer with them in his part of the house—I remained with them about an hour—the prisoner and Mr. Clarke were quarrelling—when I left I said I would go to bed—after I had been in bed about a quarter of an hour the prisoner called to me to come down—I did not answer him—he called again, and said if I did not come down he would set the d— —d house on fire—I said nothing—in a short time he called out to me from the foot of the stairs for a drop of water—I immediately got up,
opened my door, and the suffocations from the smoke was so great that I could hardly get down stairs—when I went up stairs every body was gone but the prisoner, Clarke, and Clarke's wife—I only left three persons below—they were at the front door—the prisoner's wife was on the staircase, the prisoner stood inside the passage, and Clarke and his wife outside in the act of going—when they were gone there was nobody there but the prisoner—when I got down stairs I found the prisoner in the passage—I opened the street door, and called, "police! fire!"—a policeman came directly—I told him what had happened—he came in, and I gave the prisoner in charge—the fire was extinguished with water by some men who stood there—I found part of the floor of the front parlour was burnt—it was on fire when I saw it—the woodwork was not burnt a great deal—a deal box, which stood on the floor close to the bed, was scorched—those were the only places which seemed to have been fired—the prisoner told the policeman he did not intend to set the house on fire—I could perceive from his manner that he had been drinking.
cross-examined by MR. HORRY. Q. was the fire in the room you had been drinking in with his friends? A. No, in the adjoining parlour, which was occupied as a bed-room by the prisoner's family—I believe he and his two children occupy it—there is only one bed that I know of—I met his wife on the staircase when I went came down—none of his children were in the bed-room where the fire was—one of them was in bed with my boys up stairs in my apartments—I was a little drowsy when I was called up, but could not sleep, as I was frightened—I was nearly asleep when he first called me—the fire was very easily extinguished—I opened the street door before the fire was put out.
COURT. Q. Did he say he had set the house on fire, or would set it on fire? A. He said, "If you do not come down I will set the d----d house on fire"—I had not got out of bed when he said that—I have not talked this matter over since with the other witnesses.
STEPHEN MANSFIELD (police-constable N 233.) I was called into the house by Mr. Holman, and found it filled with smoke—the fire was put out by somebody by throwing a pail of water over it—I examined it—the flooring was burnt—I found some pieces of burnt rag lying in the fender—when I entered the room I found some rags burning on the floor near the foot of the bed. about a foot and a half from the fire-place—there was no fire in the grate—I did not see any candle at the bottom of the house—there was about a handful of calico rags—there was a box which was a little burnt; the rags were lying very near it—the floor which was burnt was near the rags—there was a great quantity of smoke when I went in—I was obliged to leave the the house—it was confined to the room and passage—I found no other floor with smoke in it.
COURT Q. was the floor alight when you went in? A. Not blazing—the rags were smouldering on it—that was before the water was put to it—I do not know who put the fire out; the person was a stranger to me—it was not the prisoner, because I had him in custody before—just after I took him some man threw a pail of water on the fire—there was no fire in the stove, nor any candle or matches—the prisoner had been drinking.
MR. BALLANTINE. Q. Had you passed by the house about half an hour before? Yes, and heard a man call out, "I will set the d----d house on fire"—I stood a few minutes, but heard no more—the prisoner said he was willing to go to the station; that he had no intention of setting the house on fire.
Cross-examined. Q. were there any curtains on the bed? A. Yes, and a counterpane and clothes.
HENRY WILLIAM DUBOLS (police-sergeant.) I went to the house, and observed the box and flooring—they appeared to have been on fire—I heard the prisoner make a statement before the Magistrate, which was taken down by the chief clerk, Mr. vine—it was read over to the prisoner in the hearing of the Magistrate—the Magistrate asked him if he would sign it—he said yes, and signed it—the Magistrate signed it afterwards—(read—"The prisoner says, ' Last night we had a few friends; we came from a public-house; Mr. Holman and five more, my wife, and Mr. Clark, were there; we had a bit of a quarrel before we parted—my mistress went out of the way, because she thought I was going to quarrel with her—after that I looked after some lucifers, to get a light, and could not find any—I went to bed, and smelt a kind of smother and smoke, as if something was smouldering away and burning—I got out of bed, and called to Mr. Holman to assist me to put the fire out, because the smoke was so strong I could not bear it—Mr. Holman said,' I shall give the alarm," and went to the door and gave an alarm—the policemen came, several of them went and got water to put the fire out—a policeman said, "You must go along with me," and took me into custody—I asked for my coat, and he took me to the station'")—I produce this piece of board, which was on fire—no part was more burnt than this—there is enough to show that it must have been at a red heat.
STEPHEN MANSFIELD re-examined. The rags were smouldering, not blazing when I went into the house—I could just see them burning—I was obliged to leave because of the smoke—the man who put the fire out got the water from the back yard—I ran out at the street door to get fro the smoke—I went in again, and was obliged to stoop down to get from the smoke—the smoke was from the rags—there was another piece of board charred beside this—the room was very small—I could have thrown a pail of water into the room from the door—I found no candle or anything by which a man could get a light.
JURY to MR. HOLMAN. Q. what light was there when you were drinking with them? A. A candle—it was the prisoner's—I do not know what became of it—it was alight in the passage when I went up stairs—I did not see it afterwards—they had done drinking, and were going home—I had not given them a light from my candle when they came—I do not know how they got the light.
981. GEORGE WALFORD was indicted for feloniously cutting and wounding Zachariah Longman on the head and face, with intent to murder him.—Two other counts, stating his intent to be to maim and disable and to do him some grievous bodily harm.
MR. BALDWIN conducted the prosecution.
ANN LONGMAN . I am the wife of Zachariah Longman. On the 22nd of March last we lived in Britannia-street, city-road—we occupied the two parlours—the prisoner lodge in the same house, in the second floor front room—on the 22nd of March last, about twelve o'clock at night, I was with my husband in the back parlour—the prisoner came there, and had some talk about the landlord—we sent for some ale—the prisoner drank one glass, my husband and I parktook of it, and the remainder was put into a bottle, and was drank the second time the prisoner came—he went into his own room, and my husband went to light him up—the prisoner came down shortly afterwards to my back door—he asked for his dog—I was making the
bed, and told him I had not got the dog, that it was up stairs—he put up his fist at the back of my head—he did not strike me, he only attempted to do so—I said, "What did you do that for, Mr. Walford?"—he went out into the street after that—he was not many minutes out—he came back, went up stairs, came down again, and cried, "Fire!" in the passage—I was in the front parlour—I went out to see what was the matter, and he caught me by the hair of my. head, and put his hands under my throat—I had only said to him that his dog was up stairs—I called out to my husband, and said, "For God's sake, take him away, he will murder me!"—my husband came to my assistance—I saw him put his left hand to release me from the prisoner, and I saw the prisoner's right hand at my husband's face—I saw my husband's face bleeding—I took him by some part of his clothes, and got him into the street—he was bleeding dreadfully—the policeman came, and bound up the wound—I cried out, "Murder!" and "police!"—the prisoner left, and went up stairs—they took my husband to the hospital—I was called by the the first floor lodger—I went up and found the razor now produced on the landing between the doors of the back and front rooms on the first floor—I gave it to the policeman—I do not know whether this is it—it was a black handled one—there was a little blood on the blade—I saw some wet spots of blood on the landing-place where the razor was—I could not judge whether it was from the razor or not—it was only a very small quantity.
Cross-examined by MR. HORRY. Q. I believe you or you husband went out for some dog's-meat for him? A. No; he asked me to go and find his dog—he said he would go out and busy some dog's-meat himself—he is married, and has a family—we never had any words before—I have been in the habit of taking in letters and messages for him and his wife.
ZACHARIAH LONGMAN. On the night of the 22nd of March my wife called for my assistance—I ran to her—she was in the passage with the prisoners—I did not speak to the prisoner—he took both hands, came at me, and cut me on the side of the head—I was carried to the hospital on a stretcher—the wounds found on me at the hospital were what the prisoner then inflicted.
Cross-examined. Q. Were you struggling with him at the time you received the wounds? A. Yes, to prevent his coming at my wife—he had her by the throat—she was crying out, "For God's sake come and assist me."
JOHN BEMERSIDE HAIG. I was house-surgeon at St. Bartholomew's Hospital on the 23rd of March, between one two o'clock in the morning, when Longman was brought there—he was in a very exhausted state from loss of blood—there was a wound on the left side of his head and face, about four inches long—the centre was deep, the ends were superficial—it cut through one of the branches of the temporal artery—he was bleeding very profusely—there was a wound on the forehead, just above the nose, about two inches in length, extending to the bone, a superficial wound on the left eye-brow, and three or four smaller wounds of a slight character about the head and face—he was in the greatest danger, from loss of blood from the wound which dividend the temporal artery, and from that over the nose—such an instrument as this razor would inflict the wounds—I should conclude that the wound on the face was about the length of the razor-blade—it is quite healed, but you can see where it was, very plainly—the razor has a very long shaft or holder—it could be held so as to inflict this wound without a man's cutting his own hand, or without its giving way.
GEORGE BAYNES (ploice-constable N 51.) I went to prisoner's room, and found him lying on the bed with a wound on his neck—after a short time he said, "I have done it, and my own neck is cut also"—I said nothing to him
to induce him to say that—I have produced the razor which I got from Mr. Longman—I saw a small mark of wet, blood, about three or four inches long, on the landing—there were a great many spots of blood in different places on the stairs leading to the prisoner's room—Longman's wound was dressed, and he was taken to the hospital.
Cross-examined. Q. You found the prisoner lying on the bed, and his head hanging down? A. Hanging over the side of the bed—his back was towards me—I spoke to him twice, and ultimately found his throat was cut and bleeding—he did not say in my presence that if the razor had been good enough he should have finished it.
ROBERT COX (police-constable N 60.) I went up stairs and found the prisoner with his neck cut—I said, "What did you cut the wound in your throat with?"—he said, with a razor, but the razor cut b—y bad, or else he would have done for himself—Mr. Coward's assistant was called in to him—he said he was very sorry he had injured the old man, as he had not given him the least provocation—he said he had thrown the razor with which he wounded himself out of the window—it could not be found in the street.
COURT. Q. Was there any blood in the room in which he was lying, that appeared to have come from his throat? A. Yes, there was a quantity about the bedstead and bed clothes, and on his shirt and waistcoat—there was none outside the door—it was all inside the room, on the floor close to the bed, as though the wound had been made in the bed with the head projecting.
WILLIAM TYSON. I am assistant to Mr. Coward, surgeon, of St. John's-terrace. I was called in to dress a wound on the left side of the prisoner's neck—it was about half an inch long, simply cutting through the integuments, the skin, and the outer fat: but no parts of consequence were injured—it was about half an inch deep throughout the whole length—it was a sort of wound that might have been inflicted by a razor.
Cross-examined. Q. It might have been worse than it was, if done with a sharper instrument? A. It was not done with a blunt instrument, it was a perfectly clean cut—it appeared as if done in a hurry—it was a single wound.
(David Cook, dressing-case maker, of Gregory-place, Wingrove-place, Clerkenwell; William Thomas Cook, his son; and Richard Cox, coppersmith, St. John's-street-road, gave the prisoner a good character.)
GUILTY on the second and third Counts. Aged 32.— Transported for Fifteen Years.
THOMAS STRRTCH. I keep a beer-shop in Hope-street, Hackney-road, in the parish of St. Matthew, Bethnal-green. On the 31st of March I and my family went to bed about half-past eleven o'clock—my house was safe then—between five and six o'clock in the morning I was aroused by a noise in the shop—I am able to say it was not quite half-past five o'clock—I got up and found the prisoner behind the street door, within the house—I collared him—he said I had shut him in the tap-room all night—he said, "I have got nothing"—an alarm was given for the police—they came, and I gave the prisoner into custody—I am certain he was not in the tap-room the night before, or in the house, it was fastened up as soon as it was dusk—I noticed my till in the shop—it was drawn about two-thirds out—I had left it closed
over night—somebody must have moved it—I had cleared all the money out of it, except a few farthings—I found the doors and windows, and the street door fastened in the morning—he had got in by wrenching the cellar-flap up—I found it forced open—the bolt was wrenched off, and lying down in the cellar.
Prisoner. The policeman pulled the till out himself in shifting the things about the place. Witness. I was with the policeman in searching the house—he did not pull the till out.
Prisoner. He was up stairs dressing himself at the time.
THOMAS TROTMAN (police-constable N 207.) On the morning of the 1st of April I went to the prosecutor's shop—I was let in at the side door—the prosecutor had hold of the prisoner, whom he gave into my custody—I found on him this key and knife now produced—I did not go into the shop where the till was.
Prisoner. The second policeman said I had been in the tap-room all night, and this policeman said I never said so. Witness. I heard him say so, but I was not asked at Worship-street.
Prisoner. He asked whether I said anything. Witness. No, I was not.
WILLIAM JOHN ANDREWS (police-constable K 60.) On the 1st of April, at twenty-five minutes to six o'clock, I heard a cry of "Police!"—I am sure it was not six—I went to the prosecutor's house, and found the prisoner there—I asked how he got there—he said he had been locked in the tap-room all night—I went to the tap-room, and found the door fast bolted on the outside, so that it would still confine anybody in it, if they had been there—it had not been entered by anybody—I saw that the cellar-flap had been opened by some means—the bolt had been broken off, so as to admit of the flap being opened—it had been closed when I saw it—I saw the till in the shop moved about two-thirds out of its place—I did not move it—there were a few farthings in it, but no silver.
Prisoner's Defence. I had been in company with some friends till about half-past one o'clock; I went there for the purpose of getting something to drink; I knocked at the door, it was bolted—I found the cellar-flap half way open—I went half down the steps, tried to get up again, and could not—I tried to go the other way—I had got by the street-door, when they came and collared me.
GUILTY.** Aged 19.— Transported for Ten Years.
MR. PARRY conducted the Prosecution.
THOMAS SNEED. I am a tanner, and live in Pancras-street, Tottenham Court-road. On Sunday, the 28th of Feb., at twelve o'clock at night, I was standing at the corner of Museum-street, Holborn; my brother, Samuel Sneed, was standing with me, a few paces from me—I had a silver watch, worth 3l, in my left waistcoat-pocket, attached by a steel guard-chain—as I was standing there, the prisoner Ragan ran and caught hold of me tight round the neck, threw his head over my left shoulder, and whispered something in my ear, which I could not rightly understand—while I was listening to him I felt some one else behind me, rather on my left side, where my watch was—they were there perhaps about half a minute—I could not see what they were doing—I felt some one touching me by the side of my back; they then left
me, and ran off in different directions—I can swear to Ragan positively, but not to Mara—he is much about the height of the other person—I had not a chance to see his face—when they had gone, my brother spoke to me—I looked at my watch-guard, and found it hanging down on my right breast, and my watch was gone—I am clearly confident it was in my pocket at the time Ragan took hold of me round the neck, and when he let loose his arms, it was gone—I and my brother, and somebody else, followed a little way, but my brother was not the nearest one to Ragan—the watch has not been found.
Cross-examined by MR. O'BRIEN. Q. Were you alone with your brother? A. He was conversing with a few friends a few paces distant—they were two men—I saw no woman there—there was not one in our company—I had not spoken to one that evening, except my sister—I had been with my two brothers and my sister that evening—I had lately lost my wife—I had not been drinking—I had been enjoying myself at home all day—I had a glass of ale or whatever I liked, occasionally—we might have had some gin—we had no rum—we commenced drinking the gin and ale at nine o'clock in the evening—I then went to take my sister towards home, to the neighbourhood of Blackfrairs-bridge, and was returning to the corner of Museum-street on my way back—I stood there a few minutes waiting for my brother, who was speaking to two friends of his, about taking a cab to Camden Town—I had not spoken to any one between Blackfriars-bridge and Museum-street—I had taken out my watch a few minutes before that, as we came out of Mr. Roger's house, near the end of Drury-lane—after I left my sister, I and my brother, and his two friends, went into a public-house, and had about a pot of ale between us—we had no gin there—that public-house is about twenty yards from the corner of Museum-street—I recollect drawing out my watch after we came out of Roger's—not at the door, but in Holborn—I had only got it from the watchmaker's that day, and had been trying it all day by my brother's to see how it went—I think it was then twenty-three minutes past twelve o'clock—I had never seen Ragan before, to my recollection.
Cross-examined by MR. PAYNE. Q. Where are you employed? A. In Chenies-street, Bedford-square—I am at a currier's shop there—we have tan-pits there—I have worked there for the last nine years—I was drinking in more than one public-house on this Sunday night—I had been at home the early part of the day—sometimes I spend Sunday at home, and sometimes elsewhere—when we first left home I should think it must have been about ten o'clock at night—we had had tea at home, nothing stronger—we had a little rum in our tea—I have not said I had no rum at all—I said I had none while I was out—this was in the afternoon—I do not know how much spirits I had had that day altogether—I do not keep an account—we were in two public-houses—I was examined before the Magistrate on the 10th of March—( looking at his deposition)—this "Thomas Sneed" is my hand-writing—I said before the Magistrate that I felt some on touch me on the back—I did not say that before I went before the Magistrate. (The deposition being read, alluded only to Ragan, and did not mention a second party.)
Q. Do you find one word there about feeling some one behind you at the side where your watch was, and touching you at the side of your back? A. I perfectly recollect being asked that question, whether I felt any one at the side of me, or behind me, and I said, "Yes"—I never swore that I did not—I cannot say why it was not taken down—I was asked if my deposition was correct, and I said it was—I did not notice that that was not put in—I swear I said so before the Magistrate—I said I could not swear to Mara, and he was remanded—I told the Magistrate I could not swear to Mara till my brother was there
to identify him—he was let out, on his own recognizance, to come again on the 11th, which he did.
MR. PARRY. Q. I understand you not to swear to Mara now; but only that it was a man about the same height? A. That is all—I was as sober as I am at this moment.
SAMUEL SNEED. I am the brother of the last witness, and live with him in Pancras-street—I am working as a smith, at Watford. On Sunday evening, 28th Feb., about twelve o'clock, I was standing with my brother at the corner of Museum-street, in Holborn—we were talking together about our own matter, and the two prisoners came up, along with another one—Ragan threw his arms round my brother's neck, and held him fast, and Mara put his arms round them both, and pushed up against them against a door—I took hold of Ragan by the shoulders, and told him not to kick up a raw there—in a few seconds he let go, and they all three stood about two or three yards apart from us—I looked at my brother, and noticed his guard hanging out of his pocket, and said to him, "Tom, your watch is gone"—I have no doubt the prisoners could hear that—the guard was hanging out of one the button-holes—hecarried his watch in his waistcoat-pocket—I noticed that the watch was gone at the time I said so—the moment I said so, they all ran away, each a separate way—I am quite sure Ragan is the man who did what I have said, and I am positive Mara was the man I them saw—we had been in a public-house about an hour and a half before, and Mara was there—I am sure I saw him there—I should not have noticed him so much when this occurred, except that I had seen him before—I made a remark to my brother—it was in consequence of seeing him before, that I am quite certain he is the man—we ran after them down Drury-lane, and John Williams stopped Ragan—Mara was not taken till the next Saturday night, and I did not see him till about ten days after, because I was out of town—I then walked into the waiting-room at Bow-street station-house, and picked him out of, I should say, twenty or twenty-five people—I recognized him the moment I saw him.
Cross-examined by MR. O'BRINE. Q. Then the persons who embraced your brother did not run away immediately? A. They did not stand a minute after they left him—they remained there till I said, "You have lost your watch"—that was not more than half a minute—I was standing speaking to my brother at the time this occurred—we were not than a yard apart—Isaw no women there—there might have been—I had been to see my brother and sister home—I had been with my brother all day—we took our meals as usual, as we did every day—we had a little drink—we had no brandy or rum—I never drink rum—there was no rum taken by any of the company to my knowledge—we had some porter—I dare say I might have had a glass of gin—I cannot be certain whether I had or not—I had never seen Ragan before to my knowledge—I should say I had been in three public-houses in the course of the evening—my brother was with me all the time—we had nothing to drink but our tea before we went out—no rum, nothing but beer—I had gone into two public-houses between the time of parting with my brother and sister and this occurrence—both houses were in Drury-lane.
Cross-examined by MR. PAYNE. Q. You always recollected that there were three persons, and that they stood forty yards apart? A. I did not say they stood forty yards apart—I said it might be two or three—they stepped away two or three yards, till I spoke to my brother—I saw Ragan go in front of my brother, and hold him round the neck with both his arms, and then saw Mara go and put his arms and hands round my brother—he then suddenly
ran away—Ragan then suddenly let go, and ran away also—they did stand two or three yards off till I spoke to my brother—this is my signature to my depositions—(read—"I saw Ragan go in front of my brother, and hold him around his neck with both his arms; while he was so holding him, I saw Mara go behind my brother, and put his arms and hands round my brother, and then leaving him suddenly, he ran away; on Ragan leaving go his hold, he also ran away; I then observed my brother's watch-guard, &c.")—Ihad seen several policemen before I went into the lobby to identify Mara—they did not tell me I should find him there—they told me there was a whole lot sitting in the room, and I must go in and see if the man was there—what I said before the Magistrate is correct.
Q. What do you mean, now, by saying there were three persons, and that they did not run away till you had spoken to your brother about his watch? A. I told the same tale then that I have now, or something very near it—I told the Magistrate I caught hold of Ragan's shoulder.
MR. PARRY. Q. Are you quite sure you told the Magistrate substantially the same story as you have told to-day? A. I did—I cannot say as to the same words—I mentioned that there were three men—I was as sober that evening as I am now—my brother might have had a little drink.
COURT. Q. Who did the party consist of at your brother's house? A. Myself, my two brothers, my brother's wife, and two of my friends—we had tea, and bread-and-butter with it—we had sugar and cream in our tea—the ladies had no rum in their tea.
JOHN WILLIAMS. I am hammer-man to a smith, and live in Tavistock-street, Camden-town. On 28th Feb., about twelve o'clock at night, I was at the corner of Museum-street with Sneed—I had been with them all day—I saw Ragan go to the prosecutor and put his arms round his neck—two others came up with him, and threw Sneed against a door—they then all ran away—I ran after Ragan, and got up to him—he struck me in the forehead, took the cap off my head, and chucked it at another person, who chucked it back again—he went up a court—I followed him all the way, and did not lose sight of him till the policeman took him—I do not speak to Mara.
Cross-examined by MR. O'BRIEN. Q. Had you been with the two last witnesses that day? A. On Sunday morning Thomas Sneed came for me about eight o'clock, and I went down to Samuel—I was not away from them at all till this occurrence—I had taken tea with them—their other brother was there, and Mr. Sneed's sister-in-law, and a young child—we had no spirits with our tea—I had had a drop of gin before my tea, and I might have bad some beer after it—I had had some rum from the public-house in the afternoon, about one o'clock—I was sober—I had not been into a great many public-house—Icannot say whether it was three or four—I know I had been in more than one—I had never seen Ragan before—the moment he let go of my friend he ran away; I cannot say to an instant—as soon as I saw him he ran, and I ran after him—did not go with Samuel Sneed that evening to Blackfriars-bridge—Ido not know where it is—I know very little about London, except Camden-town.
WILLIAM PIGGOTT (policeman F 114.) I was on duty about twelve o'clock on Sunday night, 28th Feb., or half-past twelve on Monday morning, 1st March, and heard a cry of "Stop thief," and saw the prisoner Ragan running fast—I stood in a doorway till he came opposite me, and then I caught hold of him, and asked what he was running for—he said to warm his feet—I took him into custody—the two last witnesses and the prosecutor were following him.
WILLIAM LAYLAND (policeman F 100.) I took the prisoner Mara into custody on the 6th of March—I told him I wanted him—he asked me what for—I said, on suspicion of stealing a watch—I did not say from whom—I said, "I want you for being with Badger"—that is a nick name which Ragan goes by—he said, "I know nothing at all of him"—before I took him into custody I had received a description of him from Samuel Sneed and John Williams—it was in consequence of that that I apprehended him—I knew both the prisoners very well, and have seen them together more than once.
Cross-examined by MR. PAYNE. Q. Did not Mara come up to you? A. Yes he did—the Magistrate let him go on the Monday, on his own recognizances, to come up again, and he did so—I believe William and Thomas Sneed saw him on the Monday, but the brother did not—he was in the country, and did not come—when I took Mara, he said he knew nothing at all of him, meaning Badger.
Q. Will you swear he did not use the word it, meaning the robbery, and not him? A. It was him, that he said—I told him I wanted him on suspicion of stealing a watch—he said, "I know nothing at all of it"—I said, "Were not you in company with Badger?" and he said, "I do not know such a person," "I don't know him," several times over—he said he knew nothing at all of him whatever—I did not write down what he said.
MR. PARRY. Q. You say he said he knew nothing at all of it, was that in answer to the charge of stealing the watch? A. Yes, and when I told him he was in company with Badger, he said he knew nothing at all of him—I believe he said that more than once.
(Mara's statement before the Magistrate was read as follow, "The prisoner Mara says, I know nothing about it, I was in bed at the time.")
MR. PAYNE, on behalf of the prisoner Mara, called
MARY BURKE. I live at No. 15, Short's-gardens—the prisoner Mara lodged with me. I remember Sunday, the last day of Feb,—he was at home all that night—I went up stairs about nine o'clock, and he was in bed—he did not go out after that, that I know of—I think he could not have gone out without my knowledge—I did not see him again till the next morning—he was then in my shop—as far as I know, he had not been out since nine o'clock.
MR. PARRY. Q. Had he been in bed all the afternoon? A. Yes—I think he was ill—he was in bed all the afternoon.
(—,police-constable E 42, and GEORGE BULLOCK, E 28, deposed to Ragan's being the associate of convicted thieves; and WILLIAM LAYLAND, F 100, to his convicted at this Court on the 4th of July, 1843, by the name of James O'Neil. ALFRED BARNES, F19, HENRY CASTLE, F 135, and said WILLIAM LAYLAND, also deposed to having had Mara in custody, and to his being the associate of convicted thieves.)
RAGAN**— GUILTY. Aged 22.
MARA**— GUILTY. Aged 20.
Transported for Ten Years.
NEW COURT.—Friday, April 9th, 1847.
GUILTY. Aged 23.— Confined Three Months.
GUILTY. Aged 35.—Recommended to mercy. — Confined Four Months.
GUILTY. Aged 18— Confined Two Months.
987. JOHN RUSHTON was indicted for stealing 74lbs. weight of iron, value 4s; 1 plane, 7s; 1 hammer, 6d; 1 centre-bit, 1s; 1 chisel, 1s; 1 soldering-iron, 1s; 1 pair of pincers, 3d; and 6 pieces of mahogany, 6d; the goods of Thomas Peter Green, his master; to which he pleaded
GUILTY. Aged 33.— Confined Six Months.
MESSERS. BODKIN and DOANE conducted the prosecution.
CHARLES GREEN. I am a tobacconist, and live in Pickett-street, Strand. On the 31st of March the prisoner came to my shop for 1d worth of snuff—he gave me a half-crown—I gave him change, and he left the shop—I kept the half-crown separate from all other money—about five minutes after he was gone I looked at it, and found it was bad—I marked it—I had known the prisoner before—I went to the Sir John Falstaff where he had been a waiter, and asked if they knew where he was living—I found that he had been in custody, but was then out on bail—I gave the half-crown I had received from the prisoner, to Clark, the policeman.
Prisoner. Q. Are you certain it was the same half-crown I gave to you? A. Yes, I had no other—you were drunk at the time, and I wanted to get rid of you—you were not in the shop above two minutes.
PETER WRIGHT. I am a butcher, and live in Shire-lane, Temple-bar. On the 31st of March, about half-past one o'clock, the prisoner came for half a pound of sausages, which came to 2½d—he gave me a crown-piece—I gave him change, and he left—my daughter was by my side—she made an observation to me about the crown—I put it between my teeth, and found it was bad—I went out and overtook the prisoner in Carey-street—I told him he had given me a bad crown-piece—I showed it to him—he said he did not think it was bad—I said it was, and I expected he would give me the change back—I gave him the crown—we disputed for some time—I got the change from him at last—this was going on for some time, and a great many people stopped—when he returned me the change, I went home—I afterwards found him at the police-station—Clark showed me the crown-piece—it was the one I had marked before I gave it back to the prisoner.
Prisoner. You stated previously that you did not mark it. Witness. No, I
did not—I had marked it with my teeth—you had an opportunity to escape before I got the change.
JAMES CLARK (police-constable F 31.) On the 31st March, I was on duty in Carey-street—I heard a cry of "Stop thief!" after the prisoner, who was running—I stopped him—I asked him if he had any bad money on him—be said, not that he was aware of—at the same time I found this crown-piece in his hand—I took him to the station—Mr. Green came the next afternoon—he gave me this half-crown, and identified the prisoner as the person who had passed it to him—I produce the crown and half-crown.
Prisoner. I was running on account of the boys calling after me. Witness, I saw the people calling after him—I enquired what was the matter—they said he had passed some bad money in the Strand—I ran and took him—I found on him 13s in silver, and 2½d
Prisoner's Defence. I was out drinking with some friends; I changed a sovereign in the Strand; this was the change of it; I was tipsy at the time: I had a hole in my pocket, and the small coin had slipped down; I took out half-a-crown, which was the smallest piece I had in my pocket; here is my pocket now, torn.
JURY. Q. Is it true that he was tipsy? A. think he was—I tried to get rid of him as soon as I could.
JURY to JAMES CLARK. Q. Where did you find the small money? A. In his right hand trowsers-pocket—there were fourpenny pieces, sixpences, and shillings.
GUILTY. Aged 34.— Confined Six Months.
CHARLES JACKSON. I am a carriage-lamp japanner, and live in Great Queen-street. About nine o'clock of the night of the 21st of March I fastened up my shop with a padlock, and a large lock—I went there the next morning—the door had been forcibly broken open, the padlock taken away, and the lock forced—I missed thirteen lamps—there had been fourteen there the night before, and there was only one left—these are two of the lamps—they belong to Mr. Filmer, but were in my charge.
Cross-examined by MR. CLARKSON. Q. They are not in the same state in which you lost them? A. No—they have not been thoroughly repaired—they are in a worse state than when I lost them—they were japanned then—the glasses were complete when I lost them, but one glass has been broken, and another put in—the glass is not the same—the prisoner is a livery-stable keeper in Bury-street.
THOMAS DAWSON. I am a carriage-lamp maker, and live in St. Andrew's-street, Seven-dials. On the 22nd March these two lamps were brought to my shop by Mr. Everett's man, to have tops and barrels put to them, and springs—they were not perfect—Mr. Jackson's man was in my shop at the time, and he said something to me after Mr. Everett's man was gone—I sent one of the lamps to Mr. Jackson's by the man—the prisoner was not there.
Cross-examined. Q. I believe you knew Mr. Everett? A. Yes—I have worked for him—I have known him as a livery-stable keeper in Bury-street for three years—I have always found him a person of perfect respectability.
WILLIAM WEST (police-constable F 106.) In consequence of information, I went to the prisoner's premises or, the 23rd March—I asked him if he had sent any lamps to Mr. Dawson's—he said, "Yes, two to have springs put to them"—he said he bought them for 5s, of a man living in Monmouth-street, who gave the name of "Josephs"—I asked him if he knew that he lived there—he said he did not know, but the man told him so—he went with me to a great number of places in the neighbourhood, to find Josephs, but we could not find him—I went to Mr. Dawson and got the lamps.
Cross-examined. Q. Did he not say that the man told him he was the brother of a man named "Josephs," a livery-stable keeper, who had bought a carriage of a man prisoner before? A. Yes—if he had told me he had given 1l for the lamps, I had no means of contradicting him.
COURT to CHARLES JSCKSON. Q. What were these lamps worth? A. 2l when they were taken from me.
Cross-examined. Q. If they had been taken to a lamp-maker, would they have been forwarded to you? A. Yes, on account of every lamp-maker knowing I had lost them.
MR. BODKIN conducted the Prosecution.
JOHN HARNETT. I am master of the workhouse of the parish of St. James, Clerkenwell. The prisoner was a pauper belonging to that parish—he had been about three years maintained in the parish workhouse—he had been during that time employed as a messenger, and for that he had extra ration allowed him—I had given him checks to take to the Bank, with written instructions how to bring the money, and he had done it repeatedly—On the 24th of February, about ten o'clock in the morning, I gave him a check for 80l 0s 1d—this it is (looking at it)—is is signed by three of the guardians of the poor of the parish—I gave him written instruction in what notes he was to obtain it, and I told him verbally—I said "You have your instructions in the bag with the check, bring six 10l notes, four 5l notes, and a penny, and don't be long"—he said, "I won't be long"—he left the house and did not return—inquiries were made about him, and I accompanied the officer in pursuit of him—I found him the next day in a public-house at Acton, seven or eight miles from town—I said, "John George, you are the man we were looking for"—he said, "Here I am"—I said, "What has become of the money?"—he said, "I have lost it"—I said, "It is very extraordinary you did not obtain the money as I instructed you; you obtained gold for it"—he said, "I have done it—I have done it"—there was a sovereign found on him, and 12s 10½d in silver and copper—he was brought to the police station and again searched, and 2s 4½d found on him—he was very abusive and very violent—I was obliged to assist the officer before he would allow himself to he searched.
Cross-examined by MR. PARNELL. Q. The prisoner is a man of some age? A. Yes—by extra ration I mean extra meat—the usual allowance is to have meat three times a week, instead of which he had it seven times, as he had extra work, and because he had hard work he had more food than those who had not—those who work harder have better fare—the diet of those who are sick is regulated by the doctor—there are 514 paupers in the house—we do not call them all servants—we select from among them persons whom we suppose of good character, and employ them to the best of their ability—they are bound to do anything, and are considered as servants or messengers—when I took the prisoner he did not say "I don't know that I did it"—his answer was, "I did it, I did it, and it can't be helped," or words to that effect—I
believe I used the words which I have to-day at the police-station—I have not differed from it—I had sent the prisoner to the Bank many times before, and he always brought the money safe—he appeared to be drunk when we found him.
MR. BODKIN. Q. Out of the 514 some persons whom you suppose to be intelligent and honest are employed as messengers? A. Yes, and the extra allowance is given them as a perquisite.
RICHARD MOSS (police-constable 195 G.) I was present when the prisoner was taken at a public-house at Acton—I took possession of the sovereign and money found upon him—I took him to the station and found 2s 4d more in the top of his stocking—he was brought to London by the stage-coach—when the coach drew up, and he was about to be put into it, he said, "It is gone, they shall never have it; it is all gone down the leg of my trowsers; let them subscribe a farthing a piece, it won't hurt them. I am an old man; I shall not want it long; and those that have got it, it will do them good after I am gone."—I have found he changed a sovereign to buy this new hat which was on his head.
SAMUEL DENNIS. I am a clerk in the Drawing-office at the Bank of England—the guardians of the poor of the parish of St. James's Clerkenwell, have an account at the Bank—this check is signed by three of the guardians, who have authority to draw checks—it was presented by the prisoner on the 24th of February—I asked him how he would have it—he said, "All in sovereigns"—I paid him eighty sovereigns, and a penny in copper.
Cross-examined. Q. Had you ever seen him there before? A. Several times—I do not recollect whether he produce any paper stating how he would have the money—I am quite sure he is the person who came.
GUILTY. Aged 68.— Recommended to mercy.— Judgment respired.
Before Mr. Common Sergeant.
MR. DOANE conducted the Prosecution.
JOSEPH SHACKELL. I am an inspector of the Metropolitan Police. On 12th March. I stopped the prisoner in Jermyn-street, about eight o'clock at night—I asked if his name was "Manvell"—he said "Yes"—I told him he was charged with marrying Hester Betty, his former wife being alive—he said, yes, Hester Betty knew he was a married man at the time he married her—it was her fault, not his.
WILLIAM TOOKEY. I am deputy-clerk of the parish of St. Mary-le-bone. I produce the register-book of marriages at that church—(read—"On the 10th of May 1821, William Frederick Manvell, of this parish, bachelor, and Elizabeth Ann Greathead, of this parish, spinster, were married by banns by me, R. H. Chapman, Curate."
ROBERT PICKERING. I am a porter, and live in Perry-street, Somer's-town. I have known the prisoner about twenty-seven years—I knew him in 1821—he told me he was married—I understood so—he went as a married man—it is so long ago since I saw his hand-writing that I cannot tell it—to the best of my recollection the signature in this register-book is his hand-writing—I could not swear to it.
HENRY HOLT. I live at Boulogne. I have known the prisoner nearly twenty years—I knew him a married man—I see the signature of Elizabeth Ann Greathead in this register-book—this is her hand-writing—she his wife—I saw her alive on the last fast-day, 24th March.
am the mother of Hester Betty—the prisoner was married to her on the 11th of May, 1839, at St. George's, Hanover-square—I was present at the marriage—I was aware before she married him that he was a married man—I spoke to him about it—he told me my daughter was perfectly safe for he was divorced.
GUILTY. Aged 52.— Confined Six Months.
CHARLES HENRY GIBBS. I am manager of the business of Mr. Frederick John Barnes, a gun-master. The prisoner was employed as a gun-stocker at the manufactory, in Queen-street, Tower-hill. On the 17th of March I received information, and found the stock-shed had been broken open, and nine stocks were missing—I went up into the workshop, and on the prisoner's bench i found this fore-end of a gun-stock, which I recognized as a portion of those we had had down stairs—this is a peculiar one, being made of maple-tree—they are generally walnut-tree—I went to the shop on Tower-hill, and saw the prisoner—I went to tell him, but he had been told of it, and expressed his surprise—I showed him these stocks—he said they did not belong to Mr. Barnes, he could find the owner of them—he went away, and did not return—I believe this property to be my master's.
SUSANNAH WILKES. I am the wife of Samuel Wilkes—I live in Prescot-street—I keep the key of Mr. Barnes' factory—on the 17th March, at half-past five o'clock in the morning, the prisoner came for the key—the usual time to come for it is from six till seven—at times when they are very busy they come as early as half-past five.
Prisoner's Defence. I have been in the habit of selling stocks a great number of years; these maple-stocks formerly belonged to Mr. Brown, a stock-maker, in Gloucestershire; they are not Mr. Barnes'; they have my name struck on the butts, and they have had, ever since they came into my possession; I have sold thousands of them; I sold my master seventyfive last year, and I have sold them to various persons.
CHARLES HENRY GIBBS re-examined. These gun-stocks are marked on the butt-end with chalk, in a particular way, which I omitted to mention before—there are three sorts of marks—there were 119 stocks—there was a cross put on the common ones, two plain strokes on the second quality, and one plain stroke on the other quality, and some of them have the same marks on them now.
GUILTY.* Aged 31.— Confined Nine Months.
993. WILLIAM OGLE , and WILLIAM SAUNDERS , were indicted for burglariously breaking and entering the dwelling-house of John Hewitson Udall, about the hour of three o'clock in the night of the 20th of March, at St. James, Westminster, with intent to steal, and stealing therein 1 bottle, value 1s 6d; 1 pint of whiskey, 2s 8d; 1lb of cigars, 12s; 1 sixpence, 22 pence, 55 halfpence, and 24 farthings; his property: and that Ogle had been before convicted of felony.
MR. DOANE conducted the Prosecution.
SAMUEL MARKS (police-sergeant C 31.) I was in Little Pultney-street, about three o'clock on the morning of the 21st of March, and saw the two prisoners come out of the door of the Queen's Head public-house—I went to the house—I found the door open, and the place in darkness—I followed the prisoners—when they saw me they ran—I sprung my rattle, and followed them—I am quite sure they are the two men who came from the door—I did not take them at that time.
Cross-examined by MR. BALLANTINE. Q. You saw them both come from the door of the public-house? A. Yes—Ogle was first, and Saunders behind—I believe it was Ogle turned round and saw me following—he then spoke to Saunders, and they set off running.
BISLEY ROBARDS (police-constable C 148.) At three o'clock that morning I was in Regent-street—I heard the springing of a rattle, and a cry of "Stop, thief!"—I saw Ogle running, and took him—he kicked me, and said he would rip my b—guts out—I got assistance, and took him to the station—I searched him, and found fifty-five halfpence, twenty six penny-pieces, twenty-four farthings, one sixpence, and thirty-four cigars—I picked up this neck of a bottle in Sherrard-street.
Ogle. Q. Were you behind me? A. I heard the springing of a rattle—I ran down Regent-street, and you were running on the other side.
GEORGE CARTER (police-constable C 91.) I was on duty in Sackville-street—I saw Saunders running towards me, and stopped him—I asked what he had got—he said, "Nothing"—I took him to the station, and found on him six penny-pieces, eleven halfpence, five cigars, five screws of tobacco, and a large quantity of broken cigars, all in his right-hand pocket.
MARY ANN UDALL. I am the daughter of John Hewitson Udall, who keeps the Queen's Head public-house, in Little Pultney-street. On Sunday morning, the 21st of March, I went to bed about one o'clock—I was the last person up—the lower part of the house was perfectly secure, and the doors bolted—about three o'clock I was alarmed by the policeman ringing the bell—I went down into the bar—I found the till open, and a drawer taken out that was in the till, and al the contents gone—they were all safe when I went to bed—I had left about 1s worth of halfpence in the till, 6d worth of farthings, and a sixpence, and there were 5s worth of coppers in a tin-box—that money was all gone, and a quantity of cigars—I have looked at all the property that is here—I believe it is my father's—some of the cigars are peculiar—my cousin had brought them home from St. Petersburg—I know them by the marks on them—I also missed a bottle of whiskey—the house had been entered by breaking a square of glass in the tap-room window—that would enable a person to put their hand in and open the window, and that window was open—I was in bed and asleep, and was awoke—it is my father's dwelling-house, and is in the parish of St. James, Westminster.
JURY. Q. Did you see the prisoners on the evening before? A. Yes.
Ogle's Defence. I brought the cigars from Bahia, and coppers I got from Port Philip.
GEORGE THORNTON (police-constable D 109.) I produce a certificate of the prisoner Ogle's former conviction at this Court, by the name of Patrick Hannagan—(read—convicted the 31st of Jan., 1842, and transported for fifteen years)—the prisoner is the man—I have been given to understand that he escaped from transportation.
Ogle. Q. How do you know me; I am only twenty-two now? A. I was the officer that apprehended you.
OGLE— GUILTY. Aged 22.— Transported for Fifteen Years.
SAUNDERS— GUILTY. Aged 19.— Confined Six Months.
JAMES LE NEVE. I am a butcher, and live in Bridge-place, City-road—the prisoner was in my service for about six weeks. On the 22nd of March I ordered him to go to market with the cart for my father—he came up to the door, and I ordered him to take a side of beef to the cart—he had got the straw up in one corner of the cart, and I wanted it put about the cart—I went to it, and saw this bundle—I said, "What is this?"—he said, "My dirty clothes"—I looked at it, and found it was some fat of mine—he had no business with it.
Cross-examined by MR. BALLANTINE. Q. Was not what you ordered him to do to get the cart ready? A. Yes, and go to market—I do not generally send him to market—I go myself sometimes—I have two other men in my employ—to the best of my knowledge they never went to market—I had been to market with the prisoner that morning—he said some one else must have put the fat there—I cannot say whether he said somebody else must have taken his clothes—this is my handwriting to this deposition—(read—"The prisoner said the fat must have been put there instead of his dirty clothes.")
Q. Did you swear that at the Police-court? A. I do not say that I did not swear that—I do not remember it—this was about two o'clock in the day—I got the prisoner into the parlour—I did not let him go about his work—he asked me if he might write a letter to his friends—I said, "Yes," and after he did that, I sent for the policeman—I did not charge him with receiving money from my customers, and appropriating it to his own use—I asked him whether he had received money from my customers, and said I should go round and ask—I thought as he had done one dishonest act he might do another—he did not work for an hour after that—he merely went over to the slaughter-house with one of my men—he did not stop there an hour—it was only about an hour or an hour and a half before I had the policeman—it was about four or half-past four when I had the policeman—I did not offer to take the prisoner back into my service, and to withdraw from this charge, if he would come back—I did not say to his brother that if he would come back into my service I would not press the charge—I did not say so at the Police-court, nor say I was very sorry, and that it was my father persuaded me—the prisoner was going for my father.
JOHN JONES. I am a veterinary surgeon. The prisoner was my errandboy—it was not his business to receive sums of money, unless any person gave him money for a bill—he was not to refuse it—I never sent him for it—he has received money before, and brought it me—if he received 3l 4s 8d from Mr. Gilbert, or this 1l 11s, and 2l 2s 3d, he has not paid it.
Cross-examined by MR. BALLANTINE. Q. He had no business to call on any person for money? A. He never had orders from me to call on any of these persons—one of the witnesses paid him this time, in consequence of his having paid him a bill this time twelve months—he was not authorised on that occasion to receive it.
COURT. Q. He had received it without authority, and accounted to you for it? A. Yes.
It being the property of Thomas Parr, the prisoner was
JOHN MORRIS. I live in Elder-walk, Islington, and am a shoemaker. On the 15th of March, between three and four o'clock in the afternoon, I saw the prisoner, during a funeral, put his hand into a lady's pocket, and draw something dark from it—it was like the colour of this purse—I went and spoke to him—he ran away, and in going along he threw this purse into an area—I took him, brought him back, and gave him to a policeman—I took up the purse—I could not find the lady—I do not know her.
JOHN HARDY (police-constable S 205.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted 23rd Sept,. 1845; and confined six months)—the prisoner is the person—he had been tried before that.
GUILTY. Aged 15.— Confined One year.
MARY O'BRIAN. I am servant to Mr. Miller, at the Queen's Head, Tower-hill. On Saturday morning, the 5th of March, I was going to open my box, which was under my bed—I found it was broken open—I had had in it two sovereigns, two half-sovereigns, four shillings, and two sixpences, in a purse—they were all gone—the prisoner lodged in the next room—this is my purse, I am quite certain.
JOHN PECK (police-constable H 87.) I took the prisoner into custody—he said he did not lodge in that house, he had been lodging over the water, by the Elephant and Castle—I said, "Do you mean you never lodged in the house?"—he said, "I did a night or two"—I took him to the station, and at day-break I found this purse I the gutter just in front of the house where I had taken the prisoner at night—he could have thrown it there.
GUILTY. Aged 19.— Confined Six Months.
999. SAMUEL BRADDOCK was indicted for stealing, 42lbs. weight of sugar, value 1l 3s; 14lbs weight of coffee, 18s; and 5lbs weight of tea, 25s; the goods of Thomas Purvis, his master; to which he pleaded
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
1000. WILLIAM JOHNSON and JOHN HOUNSLOW were indicted for stealing 16000 nails, value 1l, the goods of Richard Chambers and another, their masters; to which JOHNSON pleaded GUILTY.— Confined Six Months.
JOHN SPITTLE (City polic-constable, No. 671.) I was on duty in Bishopsgate-street on Friday evening, the 2nd of April, about a quarter-past eight o'clock—I saw Johnson with a heavy load on his shoulder and watched him—I was met by another officer, whom I directed to shot Johnson, which he did, and, not being satisfied with the account he gave me, I took him to the station—his bundle consisted of 16000 nails—he said he was ordered to take them to a place in Brick-lane—I ascertained that they had been stolen from Mr. Chambers's warehouse, in Bishopsgate-street—on the Sunday morning following I was informed that Hounslow had taken a quantity of poison in consequence of being suspected of the robbery—I spoke to him, and said he was a very silly fellow for taking the poison—he said it was in consequence of this job—I asked him whether he saw Johnson take these things on the night in question—he said he did, and that he saw him take some on another occasion—Hounslow is the prosecutor's coachman, and the warehouse these nails were taken from is over the stable—he said he told Johnson that he would get them into trouble, meaning himself and others.
BENJAMIN VICKERY. I manage the prosecutor's business. Johnson was a helper there, and would have access to the premises—Hounslow was very unhappy, and I asked if he had any hand in this transaction—he said, "Yes; Johnson saw some nails under the bench, and he said to me, 'Can't I have a few sometimes? I shall not bring you into trouble' "—I said, "Had you anything to do with this transaction?"—he said, "I had"—he did not say any more—he had taken poison then, and his wife begged me to get a doctor—he was coachman there—he had the care of the place where these nails were—the warehouse joins the stable—Johnson had an opportunity of going into the warehouse, but not at all times—he had on the morning of the 2nd of April—these are the property of Richard Chambers and his brother.
Cross-examined by MR. MELLOR. Q. What are the prosecutors? A. Wholesale ironmongers—Johnson was assistant in the shop—we had given him a job two or three days that week—he had worked as porter a year or two previously—it was Hounslow's duty to attend to the horses—we have carts and wagons—the key of the stable was kept in the counting-house—it was locked at night, but not in the daytime.
HOUNSLOW— NOT GUILTY.
1001. ANN SMITH was indicted for stealing 3 blankets, value 5s; 4 sheets, 4s; and 4 quilts, 3s; the goods of John Summers Elliott: and 1 shawl, 2d; 1 apron, 2d; and 2 caps, 2d; the goods of Mary M'Guiunes: and that she had been before convicted of felony.
LOUISA ELLIOTT. I am the wife of John Summers Elliott—we live in Tothill-street, Westminster, and keep a lodging-house. I saw my blankets, sheet, and quilts, safe on the morning of the 10th of March—I missed them the same evening—I do not know the prisoner—she never lodged with me—these articles are my property.
HENRY PALMER (police-constable P 53.) I stopped the prisoner in New Tothill-street, at nine o'clock at night, on the 10th of March, with these things—she said she brought them from Rotherhithe, and was going to take them to the Coal-yard, Drury-lane.
Prisoner's Defence. I met two men; one of them had a bundle; he asked me if I would take it to my place, and he would call.
JOHN CUTLIFFE (police-constable B 153.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted 3rd Feb., 1846; and confined three months)—the prisoner is the person.
GUILTY. Aged 21.— Confined One Year.
1002. THOMAS BENNETT was indicted for stealing 11 yards of mousseline-de-laine, value 1l; 1 shift, 2s; 12 yards of lace, 3s; 2 caps, 4s; and 4 yards of ribbon, 2s; the goods of Henry Avis, from the person of Charlotte Gap; and that he had been before convicted of felony.
ANN AVIS. I am the wife of Henry Avis, of No. 25, Lincoln's Inn-fields. On Saturday evening, the 27th of March, I sent Gap, my servant, to Wilton-street, for a bundle, it was to contain mousseline-de-laine and other articles—she returned without it—it has not been found.
CHARLOTTE GAP. I am servant to Mr. Avis. On the 27th of March, she sent me to No. 22, Wilton-street—I received a bundle—I saw a dress of mousseline-de-laine, and the other articles named in it—I was taking it home, and the prisoner came up to me in Dean-street—I had not seen him before—I am sure it was him—he did not say anything, but snatched the bundle from me, and ran away—I ran after him.
WILLIAM NOWLAN (police-constable B 56.) I heard a cry of "Stop thief" and saw the prisoner running with a bundle—I pursued him, but he got away over a wall—I took him the next morning in his mother's house—I told him I took him for this bundle—he said he knew nothing about it—I am quite sure he is the person who had the bundle, and who was getting over the wall—Gap knew him immediately.
GEORGE BANHAM. I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted the 24th of Sept. 1845; and confined six months; six weeks solitary)—the prisoner is the person.
GUILTY.† Aged 20.— Transported for Seven Years.
OLIVIA ARNOLD. I am the wife of William Arnold. We live in Back Church-lane—the prisoner was my servant. On the 21st of March I missed several articles, and amongst them a towel, a handkerchief, a brooch, and other things—these are them.
Cross-examined by MR. HORRY. Q. Did you have a character with her? A. Yes.
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor. Confined Five Days—to be delivered to her mother.
CHRISTIAN KER TEMPERLEY. I am in the service of Mr. John Temperley, of Shadwell. On the 3rd of April, about half-past ten o'clock, I was sitting in the counting-house—I saw the prisoner in a barge of coals belonging to my master—I saw him hand a tin pan to a boy in a boat, and the boy took it—I sent our lighterman to know what he was about, and these coals were found—they resembled what we had in the barge—I believe them to be ours.
JOHN JUDGE. I am an inspector of the Thames police. I received the prisoner in charge—I found 150lbs. of coals in the boat—they resembled those in the barge—he had this little tin pan with him, which would enable him to take the coals out.
Prisoner. They were coals that were of no use; I bought them to support my family.
GUILTY. Aged 32.— Confined One Months.
OLD COURT, Saturday, April 10th, 1847.
Fourth Jury, before Mr. Common Sergeant.
1005. HENRY EDMUND DAY was indicted for forging two requests for the delivery of two drums of the best figs, with intent to defraud Samuel Hanson, and that he had been before convicted of felony, to which he Pleaded
GUILTY.— Confined One Year.
MR. LAW conducted the Prosecution.
TIMOTHY HURLEY. I am a coal-whipper, and live in Queen Anne-street, Whitechapel-road—the prisoner, Charles, is my first cousin—the prisoner, Ann, is his wife—I live at No. 19, and they at No. 21—my father lives with me. On the 12th of Feb., about half-past eleven o'clock at night, I was in bed—I was awoke out of my sleep by a knocking at my window—I heard the prisoner Charles say he would have my wife's life—my wife was down stairs—she had not been to bed at all—I got up—looked out at the window, and saw him and his wife in the street—I got up, went down into the street, and said I would get a policeman—the prisoner Ann flew at me, and I hit her—I saw the prisoner Charles go into his house and fetch out a poker—he came towards me, flourishing it at me—he got close to me, and hit me on the left shoulder—my father came out, and seized him round the arms—I did the same—we threw him on the ground—I told my father to go and get a policeman—he did so, while I was holding him on the ground—Catherine Hurley wrenched the poker out of his hand, and Ann came behind me and struck me on the head with another poker—I turned round, and saw her throw the poker away—I was smothered in blood—I took the poker up, and gave it to Catherine—a policeman came up, and took Charles—Ann went towards her own door—she hit me again on the nose with her fist in the presence of the policeman—I
was obliged to go to the hospital—I booked the charge at the station, and the prisoner Ann said she did it.
Cross-examined by MR. MELLOR. Q. What time was this? A. Half-past eleven—it is a narrow street—there was a lamp close by—we had quarrelled, as the male prisoner went some time before and upset a man's barrow, and my wife had him taken up—ha had seven days, and after that he commenced an attack on me—I had had a fight that night—I went down stairs because the prisoner had come before and burst open my door and endangered my children's lives—I went down to get a policeman—I did not go up the prisoner or lay hold of him—I could have called out of the window at the time—I was in the first-floor room—the male prisoner might be rather drunk—he had been knocking at my door—the prisoner Ann flew at me—I do not recollect her saying, "Don't touch him," or telling me to desist—she came up to me with her hands up—I knocked her down, she got up again—I do not recollect knocking her down a second time—there were twenty, thirty, or fifty people in the street, for what I know—I had nothing in my hand—there were not five or six people helping me—no one but my father—when I went out, I did not say, "Where is the b—y b—r? I will have his b—y life"—I knocked Charles down—I did not fall on him—I held him down by the head—my father got behind him, and held him, and me and the girl took the poker from him—I never hit him at all—I did not hear him say he would not see his wife murdered, when he struck me—I did not hear the prisoner cry for help when we had him down—he might have uttered words—he did not say, "You will choke me"—my father did not strike him on the breast—I went to work on the Monday morning, but was forced to give it up—I do not know if anybody tried to rescue him from me, I held him so tight till the policeman came.
MR. LAW. Q. How often has your door been battered before? A. On 6th Dec. my wife gave him seven days, and he and his wife came and battered my door.
BARTHOLOMEW HURLEY. I am the prosecutor's father; we live in the same house. On 20th Feb., about half-past eleven at night, I was in bed—I heard a noise, and my son going down stairs.—I put on my shoes, went into the street, and saw Charles strike him over the shoulder with a poker—I caught hold of him with both arms, held him on the ground, kept him there, and hallooed out "Police"—my son sent me for the police—I went, met a policeman, and came back—I did not see any blow given—the prisoners were taken into custody—after my son returned from the station I saw him with his head cut, and advised him to go to the hospital.
Cross-examined. Q. Did not you go out with him? A. He was down before me, but not very long—the blow was given while I was gone for the police—I did not see his face bleeding, nor hear him say he would have the prisoner's b—y life—I heard him say nothing—I assisted in holding the prisoner down—I did not strike him, nor use more violence than would keep him on the ground—there had been a quarrel existing between them for a very long time, and they have fought.
CATHERINE HURLEY. I live in the same house as the last witness. On 20th Feb. I was in the street, opposite the door, and heard the prisoner Charles, coming down the street, saying, so help him God, he would have hi✗ revenge that night—that was before Timothy came out—he came to the door and shutters, and said, "You b—y thief, I will murder you—I will have your b—y life this night," knocking at the door as hard as he could—Timothy lifted up the window, and then came down stairs, and Charles went towards his own door—Timothy Hurley came to the door, and said, "For God's sake,
do not break the place about"—Charles went towards his own door, brought the poker, and hit Timothy across the shoulder with it—the prisoner, Ann, was trying to get Timothy off, and called him all the names she could—Charles gave the first blow—I had not seen Timothy Hurley hit Ann, he and his father got hold of Charles—I took the poker out of Charles's hand—the father went after the police—Ann came with another poker in her two hands, and hit Timothy on the head—a policeman came up—Timothy gave Charles into custody, and told the policeman to take Ann—she went across to Timothy, and said, "You b—y thief, take that," hitting him with her fist as hard as she could.
Cross-examined. Q. You saw the whole of it? A. Yes—I did not see him knock Ann down twice—she hit Timothy when he knocked her down—I saw Charles knocked down—he was not beaten when he was on the ground.
CHARLES HURLEY— GUILTY. Aged 25.
ANN HURLEY— GUILTY. Aged 28.
✗Of an Assault. Confined One Year.
1007. REBECCA SMITH was indicted for stealing 1 cash-box, value 15s, 35 sovereigns, 8 half-crowns, 80 shillings, 60 sixpences, and an order for the payment of 7l 10s; the property of George Grey, in his dwelling-house.
(MR. WYLDE offered no evidence.)
1008. WILLIAM WYNN and JULIA HIGGINS were indicted for feloniously assaulting Marshall Jones, putting him in fear, &c., and stealing from his person 3 keys, value 2s; 1 coat-pocket, 1s; 1 pencil, 6d; and beating, striking, and using other personal violence to him.
MR. PLATT conducted the Prosecution.
MARSHALL JONES. I am a carpenter, and live at Black-horse-yard, Rathbone-place. On 21st March, about one o'clock in the night, I was going home along Oxford-street, and saw a female twelve or eighteen yards before me—when I got opposite Dean-street a man took hold of me, and pinioned my arms behind me—the female who was in front of me then turned back, and attempted to search my pocket—two or three men came up—I saw one on my right, one on my left, and, I think, one or two behind me—they searched my waistcoat and side pockets—I felt the women's hands about me, but am not certain they were in my pocket, but some of the men had their hands in my pocket—the prisoner Higgins is the women, and Wynn is the man I saw on my right side I am certain—after hustling my pockets, as they could not succeed in getting their hands into my pocket at first, I was struck in the face—I cannot say whether Wynn struck me—Higgins did not—they all went away towards St. Giles's—I was getting up off the ground, having been thrown down by the party who were searching my pockets—some of the party came back and kicked me—I believe it was the male prisoner—he said "The old b—, you have plenty of money, and we will have some of it"—I will not swear it was him—I am sure he was one of the three men—he did not search me then—I afterwards gave information to the police, went with the policeman to a house in Church-lane, and picked out the prisoners as two of the party—Wynn was in the house, Higgins came up stairs afterwards, and I identified her—I was taken to the hospital, and then I missed three keys, ✗ pencil, and some halfpence—my pocket was gone—I had been at the Mischief public-house, in Oxford-street, the evening before, and saw Wynn at the front of the bar—I am certain of him—the pocket produced is mine.
Cross-examined by MR. PAYNE. Q. How long had you been drinking at the Load of Mischief? A. Ten minutes or a quarter of an hour—I drank
gin-and-water—I called at another house at the corner—I was at two public-houses that night—I was a little the worse for liquor—I was sober enough to identify the prisoners, and will swear they are the parties—if I say I drank half-a-pint of gin, that is more than I did have—I had no rum or brandy—I had a pint of beer about four o'clock, and the gin-and-water at ten—I had nothing between four and ten except tea—I told the policeman they had not got the blunt—I had 1l 8s in my pocket—I had a hole in my pocket, and it got down inside—when I went to the house in Church-lane, Wynn got up to open the door—I did not say I merely thought he was one of the persons, I said he was one of them—I had not first given another female in charge—Higgins did not come up to me and say "You are drunk"—I did not them let the girl go, and then take Higgins—there were several girls in the room—I saw the persons at Church-lane an hour, or an hour and a half after I had been on the ground—it was not nearly three hours—I believe the prisoners were at the station by a quarter to four o'clock—I gave information before that when I was at the Hospital, and went to Church-lane as soon as I returned from there—I should say it was about four o'clock when the policeman got to the station, which is not far from Church-lane—I do not remember the policeman picking me up.
COURT Q. You saw Wynn in the public-house before you were robbed, had he the opportunity of seeing the 1l 8s? A. He had an opportunity of seeing me with silver—he saw I had money I am certain.
JOHN MURRELL (police-constable C 50.) On 22nd March, about one o'clock, I was on duty, and heard a cry of "police"—I went and found Jones lying across the middle of the carriage road, bleeding from his temple—I lifted him up—he was speechless for a minute or two—when he recovered, he said, "I have got the blunt all right"—I took him to the hospital—got his head dressed, and went with him to a house in Church-lane—Bingham went up stairs with him—I stopped below—on the way to the station, the prisoners both said they had not been in Oxford-street—about four o'clock in the morning, I picked up a packet at the spot where I had found Jones lying.
COURT. Q. Was Jones drunk or sober? A. He might have been confused by the blow, but I should say he had been drinking.
HENRY BINGHAM (police-constable E 53.) On 21st March, about one o'clock, I saw the prisoners together at the end of Oxford-street—I had seen✗ them in the Crown public-house, Crown-street, several times before that—I saw them come out of that house, with twelve or fourteen men—about a quarter to four o'clock, from information, I went with Jones to a house in Church-lane—he there identified Wynn the moment he saw him—we looked round three rooms, there were four more females, one was very drunk—just as Jones got out on the landing, Higgins came up stairs on to the landing, he identified her directly he saw her—both the prisoners denied having been in Oxford-street at all.
Cross-examined. Q. What did Higgins say, before Jones said she was the person? A. I did not hear her say anything, he did not charge another young women first—one women sat there very drunk—I roused her up for him to look at her, but he did not charge her—I did not hear Higgins come up, and say to Jones, "You are drunk," or hear him them say, "You are the person who robbed me"—I will not swear it did not pass—I will swear he charged no one but her.
WYNN— GUILTY. Aged 19.
HIGGINS— GUILTY.. Aged 18
✗ Transported for Ten Years.
1009. GEORGE COOK was indicted for stealing, at St. George, 1 breast-pin, value 1l 10s; 1 seal, 1l; 2 rings, 15s; 4 studs, 15s; 1 brooch, 10s; 1 waistcoat, 10s; 2 three-halfpenny pieces, 3d 1 two-penny piece, 2d; and 1 three-penny piece, 3d; the property of George Haslop, in his dwelling-house; and that he had been before convicted of felony.
GEORGE HASLOP. I am an officer of the Customs, and live at 9, Walburgh-street, in the parish of St. George's. My house was under repair—I had a large chest containing a dressing case, and the articles stated in the indictment—I saw it safe last on the 14th of Feb.—on 21st Feb. I missed a waistcoat from the chest, which induced me to look further, and the other articles were gone—the chest had been opened by a false key, and the writing-desk, which was in the chest, was broken open—the prisoner was at work at the house as a painter—there was a coat, which was the top thing in the box, and I found that had finger marks of white paint, and over that a piece of brown paper, with paint on it, as if somebody had been at the chest.
HENRY WILBRAHAM. I live with my father and mother, at 17, Oxford-street, Stepney—my father keeps a beer-shop, and the prisoner often came there—on Wednesday, 17th Feb., I was in the tap-room, and the prisoner showed me some coins, there were two three-halfpenny pieces—I do not know what the others were—they were in a steel tobacco-box—he asked if I would buy them—I saw him with some shirt studs, which looked like gold, and had red stones in them—he asked me to buy them—I said they were of no use to me—he said never mind, he could put them in his own shirt—they were quite round, very thin in the middle, and wide at each end—I know what a stud is.
MR. HASLOP re-examined. I lost some silver coins, three-halfpenny pieces, and two-penny pieces, and some red cornelian gold buttons, not studs—they answer the witness's description.
Prisoner. The boy says they were studs, and the prosecutor says they were buttons. Witness. They were buttons of the shape the boy describes, round, and thick in the middle, not thin—(looking at a shirt button)—they were like this, the gold came through the centre of the button, about the sise of a pin's head—it was a s✗d like the one produced—the gold did not come through the center, I did not notice it—there was only one piece of cornelian—they were buttons—I lost two three-halfpenny pieces, one two-penny piece, and one three-penny piece.
CHARLOTTE WILBRAHAM. I am the wife of Henry Wilbraham, of 17, Oxford-street. On 17th Feb. I saw the prisoner give my husband two silver three-halfpenny pieces—he asked me for them on the Saturday following, and I returned them to him—I said, "You are fond of curiosities"—he said "Yes"—I said, "I have a three-halfpenny piece, I want a two-penny piece"—he said, "I had a two-penny piece last week, and sold it for 6d."—I said, they were very bright—he said, "Yes, they are new coins"—I said, "No, they are William the Fourth's reign."
THOMAS TODD. The prisoner was my apprentice, and was employed to paint the prosecutor's house—he was in the house by himself several days, painting—I observed the paint on Mr. Haslop's coat—the prisoner had been using the same sort of paint—he ought to have come to work on the 1st of March, but was absent, and did not return at all—only the prisoner and myself had been working in the house, except that there was a man there half a day.
Prisoner's Defence. There were several more at work in the house; my master used the same coloured paint himself, and a bricklayer used it; the passage was painted the same color, and Mr. Haslop might have got the
finger marks on his coat in that way; master was at work there the day the things were missing; Mr. Haslop gave me 6d for beer, and asked me if any followers came there, for his daughter was constantly out, and a lot of girls coming up and down stairs giggling; it was like a common house.
GUILTY. Aged 18.— Transported for Seven Years.
MR. ROBINSON conducted the prosecution.
JOHN GREIG. I live in Albemarle-street, Clerkenwell. The prisoner Gayton has lodged at my house about seven months, as a single man—I do not know the female—on 23rd March, I was awoke about two o'clock in the morning, by a disturbance in the house, and being called by name by one of the lodgers—I got up, and found the noise was in Gayton's room—he had come home after I went to bed—I had heard him go up stairs a few minutes before, with somebody—I went to the room door and heard a female's voice, and asked Gayton to turn the women out, and to be quiet—he refused—they were evidently quarrelling—I said, "Then I shall go and fetch a policeman"—he said, "Very well"—I got a policeman, who went up and demanded admittance—Gayton refused to open the door—at that time they were quarrelling as before, but I could distinguish no words—the policeman put his knee to the door and forced it open—when he got in, Gayton struck him—he had not been in the room above two or three minutes—when I went up stairs, King, the policeman, was struck—I went down and fetched Lumb, another policeman—he went up first—when I got up he had hold of Gayton—I saw the woman throttle Lumb, and in the act of striking him—Gayton was struggling with him—I went down and sent another policeman up, but I did not go up again.
Cross-examined by MR. PAYNE. Q. Gayton had lived seven or eight months with you? A. Yes—he is a gold-chaser—I believe he works at a respectable employer's—I have heard of him coming home intoxicated—King did not object to go up—my wife went up one stair—I cannot say whether she called the woman names, as I was not there—I had gone down stairs to fetch a policeman—she did not take the poker that I know of—I will swear she did not threaten to turn her out, or call her names, in my hearing—the prisoner lodges in the front attic—I have the back room, first floor—when I found he would not turn the woman out, I fetched a policeman—the door was split before the policeman came—my wife had no hand in that, that I know of, I was not there at the time—it was not split the first time I went up, it was the second—my wife went up between the first and second time, but I do not know how many stairs she went up—I did not fetch the policeman till she came down—I did not see her with a poker—I did hear her say anything to the woman—if she did it must have been while I fetched the policeman if she did say anything it was not loud enough for me to hear—the prisoners were speaking loudly—I could not hear what they said—I have three lodgers—I believe I saw Mr. Watkins, the lodger on the second floor there—it was her that called me, but I went up on account of the quarrelling as well—I did not interfere with the prisoners.
MR. ROBINSON. Q. Did Mr. Watkins go into the room? A.No—nobody but the policeman—I do not think I should have heard any language used by my wife, as I was frightened—the quarrelling was going on all the time—when I went up stairs the door was shut in my face by Gayton, and it was shut when I went up again—I do not know of its being opened at all before that.
ALFRED KING (policeman.) On the 23rd of March, about two o'clock in the morning, I heard a disturbance and a cry of "Murder" coming from Greig's house—he came to the door and asked me to go up—I went up to the door and heard cries of "Murder" from a woman at the top of the stairs—I asked the man to open the door—he said he would not, he would not, he would see me b—d first—I forced it open—directly I entered he knocked me down with a dumb bell—I was senseless.
Cross-examined. Q. You did not say to Lumb that you wanted his assistance, as you were half murdered? A. Not that I know of—I did at first refuse to go up—I told the landlord I thought he could settle it—it was two or three minutes before I consented to go—I had been on duty that evening—I had not been drinking—I know Jones's, in Albermarle-street—I had not been in there—nobody brought anything to me to drink from there—I know a man named Lundun—he went to the station with me—it was not because I had been drinking with him that I could not go by myself—I saw him, as near as I can guess, between two and three o'clock—I did not see Lundun, to my recollection, before I went to Greig's—I did not drink with him at all, nor at his expense.
PEARSON LUMB (Policeman.) On the 23rd of March, about two o'clock in the morning, I was called by Mr. Greig to his house—I heard cries of "Murder!" proceeding from the prisoner's room, went up stairs, and found King on the ground, and both the prisoners on him—I saw Gayton strike him with the dumb bell, which was in his right hand—I laid hold of Gayton by the collar and pulled him off—we had a severe struggle—he had the dumb bell then, and struck me violently in the left eye—the skin was cut through—have Plaster on it now—Scollard struck me, got behind me, took hold of me, and beat me very much with her fists, the same as a pugilist, on the head and under the chin—while she was striking me Gayton was in front—after he struck me he began to throttle me, and while he was doing so Scollard was striking me behind with her fists—I sprung my rattle—Todd, another policeman, came, and I got down stairs—after I was struck with the dumb bell, I drew my staff in my own defence.
Cross-examined. Q. Did not you strike Scollard with the truncheon before Gayton touched you at all? A. No—when I got into the room king told me he was half murdered, and wanted my assistance—I sprung my rattle after I was struck—I struck Scollard on the head with my truncheon, which is made of hard wood—the prisoners were both drunk.
MR. ROBINSON. Q. was it a violent blow? A. Not more than another policeman would strike when in an excited state at being struck—at the time I struck, the prisoners were confounded, for I overpowered them—they were coming on me again, and I drew my truncheon and struck—the throttling was before I struck—as the policeman came I heard Scollard say that Gayton had told her to represent herself as his wife.
HENRY TODD (policeman.) I heard a rattle springing, and a cry of murder—I went to the house, and saw King lying on his back, Gayton on the top of him, and Scollard by his side—Gayton was holding up a dumb bell—he
said, "Come, you b—, I will serve you the same"—I secured him, and with assistance took him to the station—I was not struck at all—I saw King afterwards—he was covered with blood about the head—blood was flowing from his eyes—I saw Lumb bleeding from his eye—Scollard was wounded on the top of her head—she had a kind of cut.
Cross-examined. Q. Were the prisoners drunk? A. Yes—they seemed very much excited when I went in—Scollard was covered with blood, lying on the ground next to King—I did not see King strike her on the head.
WILLIAM HENRY SHEEHY. I am a surgeon. I examined Lumb, and found a contused wound on his left eye, about three quarters of an inch long, cut to the bone—it might have been inflicted by a dumb bell—it was a dangerous wound—he went on duty last Sunday for the first time since—he was not in so much danger as King—Scollard had a wound about an inch long, which bled a good deal—she would not allow me to cut her hair to dress it—she allowed me to sew it up—it did not go beyond the scalp—she had no other injury.
Cross-examined. Q. Would a policeman's truncheon cause such a wound? A. Yes.
MR. ROBINSON. Q. If the blow had been heavy would it not be much more apparent? A. If struck with violence it might fracture the skull.
(The prisoner Gayton received a good character.)
GAYTON— GUILTY. Aged 38.—Recommended to mercy. — Confined One Year.
SCOLLARD— GUILTY of Assault. Aged 26.— Confined Three Months.
1011. RICHARD STEVENS, alias James Weems, and HENRY JONES , were indicted for breaking and entering the dwelling-house of William Brock, at St. Mary, Islington, and stealing therein 8 spoons, value 2l 8s; 1 top of a pepper-castor, 1s; 1 coat, 1l; 1 handkerchief, 3s; 4 boots, 10s; 2 table-cloths, 1l; 1 scent-bottle, 1s; and 1 shaving-brush, 1s; the goods of the said William Brock.
MR. EVANS Conducted the Prosecution.
WILLIAM PECTON. I am a private watchman in Wellington-street, Upper-street, Islington. On the 22d of March, at twenty minutes to four o'clock in the morning, I was on duty there, and saw the prisoner Stevens—I asked him his business—he said he wished to go to the Angel at Islington—he trembled very much, and seemed distressed for breath—one of his coat pockets looked rather bulky—I asked him what he had got about him, and said I should like to search him—he said I might if I thought proper—I did so and took two table and three tea-spoons out of his pocket, wrapped in a handkerchief—they were silver—I asked where he got them—he said he picked them up in the street just before he came there—I took him to the station—he was searched, and two salt-spoons and other property found on him—he had a pair of boots on—he was asked by Inspector Thatcher whether he found the boots as well as the other property—he said, no, they were his own, that he bought them with his own money.
JAMES M 'GREGOR (police-constable N.177.) On the 22d of March I was at the station—the prisoner Stevens was brought there—I searched him, and found a silver tea-spoon, two salt-spoons, a silver pepper-castor top, a scentbottle, a Lucifer-box, a handkerchief, and this pair of boots—a coat was wrapped round his body under his clothes—I asked him about the boots and the clothes—he said he had gone to sleep somewhere, he did not say where, and
when he awoke he found the bundle alongside of him—I found this centre-bit in his pocket, and the top of a stock, a Lucifer-box, and some matches in it, and some other articles.
EDWARD TARLTON (Inspector of the N Division of Police.) On Monday, the 22nd of March, I went to the house of Mr. Brock, 23, St. Paul's-terrace, in the Parish of St. Mary, Islington—I found this pair of shoes at the top of the summer-house, at the end of the garden, about forty yards from the house—there is a shrubbery behind the summer-house—it has a wooden fence, any one could get over it quite easily—I have tried these shoes on the prisoner Stevens, and they fit him—he did not say whose they were.
ANN ROGERSON. I am servant to Mr. Brock. On Monday, the 22nd of March, I went down stairs at ten minutes before seven o'clock, and observed the front-kitchen door open, which I had left locked the night before, and the key in it outside—I had gone to bed at night about half-past ten o'clock, and left my master and mistress up—on entering the kitchen in the morning, I found all the drawers open, and things strewn about the kitchen—the back kitchen window was wide open, and an iron bar which had been fixed to the wall removed from the outside—there were no shutters—I had seen the window hasped in the middle the night before, and I left all the property safe—I found some table-cloths outside the window—I ran up stairs, and brought my master and mistress down—I assisted in making the search, and missed the property now produced, which is all my master's.
WILLIAM BROCK. I live in St. Paul's-terrace, Islington. On the 22nd of March, at seven o'clock in the morning, I was called up—the articles produced are all mine—I swear to the boots—I cannot say positively that I had left them near the back kitchen door on the Sunday night, but that is the usual place for them to be kept—I went to bed about eleven o'clock—the doors were all fastened—I went into the back kitchen—the window was fast, the catch was shut, and the front kitchen door was locked—this coat is mine—I left it hanging in the passage—the value of all the articles is about 5l
GEORGE BECKLEY (police-constable N 12.) On the morning of the 2nd of April, I saw the prisoner Jones in the custody of No. 304—he had a pair of boots on which were too large for him—I took them off at the station, and took them to Mr. Brock's—he identified them—as I took them off, I asked the prisoner where he bought them—he said in Field-lane—he did not say of whom—I asked how long he had had them—he said six or seven weeks—they were stolen on the 22nd of March.
Jones. It was two or three weeks ago; I met a man with three or four pair of boots on his arm; I asked the price of this pair; he said half-a-crown.
GEORGE LANGDON (police-constable N 265.) On Monday, the 22nd of March, I went to Mr. Brock's house—he gave me these shoes, and said he had found them in the garden—I went into the garden, and saw a great many foot marks—I made a mark in the mould with one of these shoes, which corresponded with the other marks—on the 2nd of April, hearing Jones was in custody, I went to the station, and tried the shoes on him—they fit him well.
Jones. I know nothing of these shoes.
WILLIAM BROCK re-examined. I swear to these boots which were found on Jones—there is something very peculiar about them in the cloth and stitching—I could swear to them 1000 miles off—I put them aside on the Sunday morning to have them mended—I lost a great coat and a razor, which have not been found, and the servant's shawl, and one or two little articles—I think I must have disturbed the prisoners, as I had occasion to get up to give my wife some medi cine
at a few minutes before four o'clock, which was just before stevens was taken.
Stevens. I plead guilty to the charge.
STEVENS*— GUILTY. Aged 18.— Transported for Ten Years.
JONES— NOT GUILTY.
1012. HENRY JONES was again indicted for burglariously breaking and entering the dwelling-house of William Watson, at St. Mary, Islington, and stealing 1 ring, value 5l, 2 pairs of spectacles, 1l; 1 tea-pot and stand, 5l; 1 pepper-castor, 1l; 1 milk-jug, 1l; 9 spoons, 1l 10s;2 forks, 1l; 1 pair of sugar-tongs, 15s; 2 pairs of salt-cellars, 2l; 1 top of a pepper-castor, 3s; 1 toast-rack, 15s; 2 razors, 2s; 1 brush, 6d; 1 waistcoat, 10s; 2 yards of dimity, 2s; 1 bed-gown, 3s; 1 pair of boots, 10s; 1 pencil-case, 6d; 3 handkerchiefs, 1s 6d; 1 thimble, 6d; and 7 halfpence, the property of the said William Watson; to which he pleaded
GUILTY. Aged 20.— Transported for Seven Years.
1013. EMILY ELLWOOD was indicted for stealing, at St. James. Clerkenwell, 1 watch, value 5l 15s; 1 seal, 2s; 1 watch-guards, 2s 6d; and 1 key, 6d; the goods of William Ashley, in his dwelling-house; and that she had been before convicted of felony.
WILLIAM ASHLEY. I live at No. 37, Clerkenwell-close, in the parish of St. James, Clerkenwell; it is my dwelling-house. On or about the 12th of Feb. the prisoner came to my house—I left her in the kitchen—I was—away for about two minutes, then came back, and missed a silver watch, a guard-chain, key, and black ribbon—the prisoner was gone—she had given me her address, "Mr. Smith, Elder-walk, Back-road, Islington, opposite Cross-street"—I went there with a policeman, and found she did not live there—I gave information at Bagnige-well station—not two minutes elapsed between my seeing my watch safe and missing it—I am positive no one but the prisoner could have taken it; no one else had been in the room.
Prisoner. I have nothing to say; I beg for mercy.
GUILTY. Aged 23.— Transported for Seven Years.
(There was another indictment against the prisoner.)
ELIZABETH BROWN. I am a widow, living in paradise-street, St. Marylebone; I left lodgings; the prisoner was lodging with me for a fortnight and five days. On the 26th of March I was cleaning the stairs—the prisoner was sitting in her own room—I never left my room from twelve o'clock till two—nobody was in my room but the prisoner—the two rooms open into each other—I had a small trunk in one room, in which I had placed seven sovereigns and three halves to pay my rent—when I went up stairs to do my work the trunk was locked up, and the key in my pocket—I had seen the sovereigns safe between eleven and twelve o'clock in the morning—they were in a small tin box in the trunk—I do not know that the prisoner knew it, because there was no
one in the room but myself—the prisoner went out a little after two o'clock and about three a person called on me for a small bill—I found my trunk forced open and my money gone—there was a little silver, but that was not gone—that was not in the tin box—no one was at home but her and myself—she was to have come back again, and to have gone to her place next evening—two women, between five and six o'clock, brought me the rent she owed, which was 1s—they would not tell me where the prisoner was—about eight o'clock in the evening two of her friends brought her home, very nearly tipsy, from No. 30, St. Marylebone-lane, where she was to have gone to service—I said, "Elizabeth, you have done a pretty thing for me, broken my trunk open, and taken seven sovereigns and a half"—she said, "I have got no money; what I sent to pay you with was from my cloak which I sent and pawned"—her mistress was near, and said she had no cloak; and I said, "If you have got any money of mine left, I will forgive you if you will give it up"—she said she had none—a gentleman came up to me, and said he had seen her drunk in the lane at four o'clock, and I had better give her in charge—I did so—she was taken to the station, and five sovereigns and three half-sovereigns were found on her, and 11s 11✗d in her bosom.
WILLIAM BLYTH (police-constable D 153.) I took the prisoner into custody, and charged her at the station with the robbery—she said she knew nothing of it—she was searched by the female searcher, who produced five sovereigns, three half-sovereigns, and 11s 2d—the prisoner afterwards said, "I only took 2l of it."
FRANCES TAYLOR. I searched the prisoner—she said she would give up the money to me, if I would give her a few shillings and a sovereign, and keep the rest myself, and not split on her, and not let the old b—up stairs see it, (meaning Mr. Brown.)
GUILTY. Aged 32.— Confined Six Months.
SARAH MARR. I live with my husband, Christopher Marr, in Wardour-street, Soho. On the 15th of Feb., about eight o'clock at night, I was with my husband in the shop—the prisoner came and asked to look at a watch which was hanging in the window, marked 6l 6s—I opened it and showed it him—he asked how many holes it was jewelled in—I said one, I did not know whether in any more—he made some objections to the figures and dialplate, and then shut the watch, and ran away with it—I am sure he is the person.
Prisoner's Defence. I was not near the shop; I can prove I was at the theatre.
CYRUS SILVERWOOD. I am shopman to Joseph Clements, a silversmith of Oxford-street. On the 9th of Jan., about seven o'clock in the evening, the prisoner came to my master's shop, and asked to look at some watches—I am sure he is the person—I showed him some, which he did not approve of—I
placed them back in the window—he went out, and pointed out one marked 3l—I took it out of the window, and showed it him—he did not approve of it, and said he should like to look at a silver-dial watch, and while my head was in the window getting him one to look at, he and the watch vanished at the same instant—I have not the least doubt he is the man.
GUILTY. Aged 18.— Transported for Seven Years.
(There was another indictment against the prisoner.)
1017. HENRY WILLIAMS was indicted for stealing 1 snuff-box, value 5l; 1 pen-knife, 2s 6d,; 1 surgical instrument, 3s 6d; 1 pencil-case, 8s; 1 coat, 33s; 2 waistcoats, 2l 10s; 3 handkerchiefs, 10s; 2 gloves, 2s; 11 postage-stamps, 11d; the goods of William Bell and another, in the dwelling-house of David Chisholme — and 1 surgical instrument, 30s; 5 cupping-glasses, 7s; 1 spirit-lamp and bottle, 10s, the goods of Thomas Taunton — also 1 surgical instrument, 7s; 1 globe, 3s; the goods of John George French, to all of which he pleaded
GUILTY. Aged 34.— Transported for Seven Years.
1018. JAMES CLIFFORD was indicted for assaulting Jeronimo Cols✗, and putting him in fear, and stealing from his person, &c., 5 half-crown, his monies, and beating, striking, and using other personal violence to him.
MR. CAARTEEN conducted the prosecution.
JERONIMO COLA (through an interpreter.) I am a looking-glass frame maker, and live at Back-hill, Hatton-garden. On Sunday evening, the 4th of April, I was at a public-house—after leaving, I stopped round the corner to make water—while so stopping, three men came round me—the prisoner was one of them—he put his hand on my mouth, another put his arm round my waist, and the third took my money from my pocket—I lost five half-crowns, two shillings, and some halfpence—I heard them say "right" when they took it—I understood that—the one that had got me round the waist threw me down on the ground—they then all left me—the policeman afterwards came up with the prisoner—I afterwards found a half-crown, a shilling, and a penny, on the ground near me.
Cross-examined by MR. O'BRIEN. Q. How much had you been drinking? A. A pint of beer—the man who had his hand in my pocket said it was all right—there was no lamp near.
MR. CAARTREN. Q. Are you certain the prisoner is the man that held your mouth? A. Yes; the re was a light under the arch, which was about as far from the street as to the door of this Court—there were lights in the street—the archway is a thoroughfare—on the one side there is a street, on the other a court, and then another street—I think there is a lamp in the middle of the court—it was not so dark as to prevent my seeing the prisoner's face—I do not recollect what sort of a night it was—it was not raining.
COURT. Q. Do you know whether either of the men that surrounded you had been in the public-house? A. There were three or four men there—I cannot say whether the men who came up to me in the court were either of them.
CHARLES SMITH (police-constable G 240.) On the 4th of April, about half-past twelve o'clock at night, I heard a scuffling, and a cry of "Oh, police"—I saw Cola on the ground, and the prisoner on him—there were two others there who ran away before the prisoner got off him—they all got up as nearly as they could together, but I distinctly saw the prisoner get up off him—he was dressed as he is now—he ran straight into Gray's-Inn lane,
to a public-house which has two doors to it—I ran in at the side down, to prevent his coming in at the front, with his associates—I caught sight of him again running into the next court, and did not lose sight of him again till I took him into custody—he was not a minute out of my sight—I is no thoroughfare—he said, "policeman, what have I done? You can take me, what have I done?" I bought him back to the prosecutor—I found on him fourpence halfpenny in copper, two duplicates, and one affidavit—as I was pursuing him, I heard money drop from his person, which sounded like a half-crown—I did not look over the place where the prosecutor was—he was in Gray's-Inn-lane when I took the prisoner back—it was in Fox-court that I saw the prisoner and the prosecutor together—there was a lamp ten or fifteen yards from the place—I have no doubt that the prisoner is the man that got off the prosecutor—I lost sight of him in turning the corner of Gray's Inn-lane—he ran towards the front door of the public-house—he could not get in at the side-door—I pursued him to the side-door to prevent his coming in at the front.
Cross-examined. Q. Were his associates with him when he got to the front-door? A. There was no one person ran out of Fox-court besides him, but I fancy his associates were in the house—I have seen him about with them—I heard the money drop at the corner of Charlotte-buildings, where he turned down, and I took him—I did not look for the money as I brought him back, as he made resistance there—that was thirty yards from where I took him—it was not just at the spot where the money dropped that he made resistance—I sprung my rattle for assistance—I did not look for the money till I had been to the station—I returned in an hour with another constable, searched, and found nothing—I pursued the prisoner as quickly as I could—there was nobody in the street or court but the prisoner—Fox-court is not a dark place—I was ten or twelve yards off when I first saw him and the prosecutor—I heard the cry of "Police" before I saw them—the moment they heard my footsteps, they ran off—I had no lamp—I was in my uniform—they being in a dark spot had a better opportunity of seeing me, where the lamp was, than I had of seeing them—the lamp shone almost to the edge of where the roof of the court is—I do not know whether the there men all ran in the same direction—I kept my eye on the prisoner—the other two appeared to be in dark clothes—I should say it is ten or twelve yards from Gray's-Inn-lane to the entrance of the court where the prosecutor was on the ground—the prisoner was just running at the corner when I came up—he had not gone above ten yards—he had not got into Gray's-Inn-lane—one end of Fox-court goes into Gray's-Inn-lane, and the other in Gravel-lane, or Brook-street—I was at the end towards Brook-street when I first saw the prisoner—the archway comes into Gray's-Inn-lane—the prosecutor was ten or twelve yards from Gray's Inn-lane—I did not speak to him at all—I left him on the ground, and followed the prisoner.
MR. CAARTEEN. Q. Was it before you had come to the spot where you heard the money drop that the prisoner made resistance? A. Somewhere about the spot—he slipped his handkerchief—I said I should hit him if he did, and he said he would go quietly—he did not go through the public-house, he ran against the front door—I ran in at the side—I did not lose sight of him again till I took him into custody.
MR. O'BRIEN. Q. How far is the public-house from where you took him? A. Not above eighty or ninety yards.
GUILTY *. Aged 21.— Transported for Ten Years.
SAMUEL LUNNON. I am a sailor, belonging to a vessel lying in the Thames—I met the prisoner on the 31st of March, and went with her to a court adjoining Gravel-lane—I did not like the place, and was about to return out again as quick as possible, but found the door fastened—she seized me by the hair of my head, and twisted it most tremendously, she then laid hold of the poker and laid on me—the poker broke with the first blow, and she laid on with the remainder—I tried to get away, but could not, the door being fastened—I did not halloo, I never made any noise, no more than trying to get away—my head bled a great deal—the policeman came to me—a woman heard the scuffling in the room, and said to the policeman,, "If you do not go in, there will be some mischief done"—he came in—I was taken to a surgeon—I had done nothing at all to the prisoner—I had had no connection with her—she was not very sober—I was sober—I had had three or four glasses of ale—I suppose she was angry at my not staying with her—she did not ask me to pay any money first—I gave her no money—almost the moment I got into the room I did not like it, and proceeded to go out again, but could not get out.
Prisoner. You struck me first. Witnesss. I did not—the door was fasttened, I do not know what with—I do not know how the policeman got in—the light was knocked out in the scuffle.
JOHN WOOD (police-constable 119 K.) I was called to the house, and went up stairs—the panel of the door was broken—it looked as if it had had a blow with a fist, or something of that sort—I saw Lunnon standing on the right-hand side of the door, with his head-bleeding, and the prisoner on the left—he said "That girl has broken the poker over my head, and here is the remainder of it"—producing it—he was bleeding very much.
Prisoner. The poker struck against the bedstead; that was how it was broken. Witness. The prisoner stated to me that the prosecutor wanted to go with her for nothing, she would not let him, and he broke the door open, that she threw the candlestick at him, and then hit him with the poker—she did not tell me the poker broke against the bedstead—after we got outside the court, she turned round and said to the prosecutor, "You b—, you shall not take me up for nothing," and tried to take hold of the hair of this head—she was not so drunk but she knew what she was doing.
DANIEL ROSS. I am a surgeon—I attended the prosecutor at the station—he had a severe contused wound, about an inch and a half in extent, exposing the covering of the bone at the back of the head—it might have been inflicted with this poker
Prisoner's Defence. I took the prosecutor home; he wished to stop with me for nothing; I said he could not do it; he seemed very cross, and began to take liberties with me; I did not like it; he pushed me on one side; I told him not to do so; he pushed the door open and came to strike me, and I took the poker in my own defence; he had no money about him at all.
GUILTY. Aged 21.— Confined Nine Months.
GEORGE FARLEY. I live in Kingsland-road, and am a glass-cutter, in the employ of Thomas Millington, of Bishopsgate-street. On the 20th of March, the prisoner came to me and wanted some sheet-lead—he wanted 5-lb. lead—I said I had no 5-lb. lead, we had 4-lb. lead, but I was not going to cut it unless it would do—he had produced this order—(read—"Mr. Kingaby, builder, Lea-bridge road, and Morning-lane, Hackney, will feel obliged by Mr. Millington getting him cut out the undermentioned pieces of lead, for cisterns, by ten or eleven o'clock this morning, when his man will call for it on his way to the job.")—I dealt with Mr. kingaby, of Lea-bridge—I sent him things occasionally—I believed this order came from him, and gave the prisoner some lead, believing it to be written by Mr. kingaby, or on his behalf—the prisoner was alone—he went away with the lead.
GEORGE KINGABY. I am a plumber—I did live at Lea-bridge and Morning -lane, Hackney, four years ago—I did not not know this order—it was not written by me, or on my behalf—I did not authorize any one to write it—it has my name signed to it.
Prisoner's Defence. A well dressed gentleman in the street gave me the order, and employed me to go.
GEORGE FARLEY re-examined. He called on me twice, on the 18th and 20th of Feb.—I did not give him lead on the 18th—he came for ball-cocks then—I at first said the lead did not correspond with the order, but at length I gave it him.
(policeman.) I took the prisoner into custody—he did not tell me a gentleman had sent him.
GUILTY. Aged 18.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY on the 2nd Count. Aged 52.— Confined Three Months.
NEW COURT.—Saturday, April 10th, 1847.
GUILTY Aged 49.—Recommended to mercy. — Confined One Month.
GUILTY. Aged 30.— Confined Four Months.
1024. ELIZABETH KIRKMAN was indicted for stealing 3 blankets, value 12s; 2 sheets, 5s; 1 shawl, 4s; 3 petticoats, 5s; 1 handkerchief, 2s; 1 shirt, 2s; and 5 sovereigns; the property of William Snelling, her master, in his dwelling-house; to which she pleaded
GUILTY. Aged 48.—Recommended to mercy. — Confined Twelve Months.
1025. ROBERT WILSON was indicted for stealing, on the 3rd of April, 11 lbs. weight of rope, value 4s; the goods of Conrad Wohlgemuth, in a barge on the river Thames; also 30 lbs. weight of rope, 8s; the goods of Thomas Usborne and another, in a barge on the river Thames; to both which he pleaded.
GUILTY Aged 35.— Confined Twelve Months.
GUILTY.— Confined Two Months.
GUILTY. Aged 44.— Confined Four Months.
GUILTY. Aged 20.— Confined Six Months.
GUILTY. Aged 40.— Confined Twelve Months.
WILLIAM BOUDSFIELD. I belong to the vivid cutter, which is now on a voyage. On 3rd April I was at the Nag's-head, by the Tower—when I came out I saw the prisoner standing by the door—she got hold of my arm—I pulled myself away—she run after me again, and put her hand over my shoulder into my waistcoat pocket—I had half-a-crown and a shilling there—I felt her put her hand into my pocket, and after she took it out I heard something jink, and she passed something to another woman behind her—I felt, and my money was gone—I am sure I had it in my pocket three minutes before—I caught hold of her and called a policeman—he came and took her—I am sure she is the woman.
JAMES COATES (Police constable H 114.) I heard the prosecutor cry out, and went up—the prosecutor had hold of the prisoner and said was robbed—the prisoner said she had not got the money, nor had she done anything—I asked the prosecutor to give charge of her, and he did—I asked him to come to the station, but he refused, as he thought he should be locked up himself if he did—the prisoner did not make any charge against him—I let her go and took her again on Monday night—the prosecutor was sober.
GUILTY. Aged 34.— Confined Four Months.
MR. DOANE Conducted the Prosecution.
MARTHA LOUISA HAMMOND. On 1st April I got into an omnibus, at Hungerford-market, with my sister—the two prisoners got in before it started—I sat at the top of the omnibus, at the left hand corner—my sister sat on the seat that run down the side opposite to me—Lawrence sat next to my sister, and Sultz sat opposite to Lawrence, and next to me—as we were going along I felt something at my bag—which was in my lap—I felt Sultz, who was next to me, touching my bag—he had a clock on, but I distinctly felt him several times, and I moved the bag—Sultz saw me, and I saw him touch the toe of his companion—that excited my suspicion, and I watched them both—I saw Lawrence doing something at the side of my sister, with his right hand crossed before him—Sultz was then watching What Lawrence was about, very anxiously indeed—Sultz did not touch me again, he sat wrapped up in his cloak—I saw he was watching Lawrence, and he appeared to wish to attract my attention from Lawrence—I then saw Lawrence draw his hand from my sister's side, and distinctly put something into his left hand waistcoat pocket—I then said to my sister, "Lend me some money"—I did not wish to be precipitate—my sister did not do it immediately, and I asked her again to give me her purse—she pulled it put of her pocket, and I saw immediately that her sovereign was gone—I saw that the purse was empty—I knew she had a sovereign in that purse as I saw it before we got into the omnibus—I saw the rings were quite at the bottom of the purse I immediately turned to Lawrence and said, "Sir, you have abstracted a sovereign from my sister's purse, out of her pocket"—he denied it—I said "Yes, and you put it into your left hand waistcoat pocket; I saw you do it"—he said it was a mistake, I must make a mistake; he had two or three sovereigns of his own—I immediately turned to Sultz, and said, "Yes, sir, and you attempted to rob my bag"—he denied it, and was very impudent indeed—I was very hasty, and applied to some gentleman to have the omnibus stopped—the prisoners were at last taken to the station house, and given into custody.
Cross-examined by MR. BALLANTINE. Q. Where had you come from?—A. From Hungerford-market—I had come from my father's, No. 12, Middlesex-place, New-road—my sister had her purse—I had seen it in the course of the day, and saw money in it before we entered the omnibus—she asked me to pay the omnibus for her—I wanted her to get change—she took her purse in her hand—she had spent all her silver, and had but the sovereign—I had some silver myself—her purse was an ordinary slide-purse—she had a little reticule in her hand, and the purse in her pocket—the omnibus was full—the people were sitting quite close—the prisoners got in at Hungerford -market—the omnibus was nearly full then—only one person came in afterwards.
JULIA ELIZABETHI HAMMOND —On 1st April, I accompanied my sister into the omnibus at Hungerford-market—I sat at the top, in the corner, and my sister on the other side—the prisoners came in—Lawrence sat next to me, and Sultz sat opposite to him—when we got to Regent-street, my sister asked me to lend her some money—I had one sovereign in a purse in my pocket, on the side next to Lawrence—I took no notice of what my sister said—she said again in a quick way, "Give me your purse"—I put my hand into my pocket, and pulled out my purse—I saw the two rings of it to gether,
and the sovereign was gone—it was safe in the purse when I got into the omnibus, and the rings were in their proper place.
Cross-examined by MR. BALLANTINE. Q. Had you the same dress on that you have now? A. No—the purse was not then tied in a knot—I tied it up at the station to keep the rings on—I had only one sovereign in it—I had brought that from home in the morning—I had had my purse out in Hungerford-market—I took it out to show my sister that I had no silver—she wanted me to get change, Which I refused to do—I said to her, "You pay for me"—I did not take the sovereign out of the purse—I held the purse up and said, "See, I have no silver."
Cross-examined by MR. PARRY. Q. The omnibus was nearly full when you got in? A. Yes; only three I believe came in afterwards—it went off in a minute or two after it was full—I made way for a lady, and I got close to Lawrence.
THOMAS BYRNE. I was in the omnibus—I sat next to the door—when we reached the Quadrant I heard some lady's voice in a very excited manner—I said to a lady opposite me, "What is the matter up yonder"—she said "That lady charges some gentleman with robbing her sister of a sovereign"—I suggested that a policeman should be got—I observed Lawrence rise, and he was about coming out—I said, "No passing this way, sir, till a police man comes"—I said, "This must be inquired into"—Lawrence resumed his seat immediately.
PAUL JONES (Police-constable D 37.) I was at the station, and the prisoner Lawrence was reported to me as the person who had picked this lady's pocket in the omnibus—I took him into the station—he said, "Wait, just let me pay the buss first"—he paid two penny pieces—I searched the omnibus and found nothing—the other sister said Sultz attempted to take her bag—I found on Lawrence a sovereign and half-sovereign, in his left hand waistcoat pocket, and two shillings and two sixpences in his right hand waistcoat pocket, two half-crowns in his right hand trowsers pocket; a knife, a comb, two keys, a pencil, and a handkerchief in his other different pockets, and two diamond rings on his fingers—I found some money on Sultz.
LAWRENCE— GUILTY.* Aged 26.
SULTZ— GUILTY.* Aged 19.
✗ Transported For Seven Years.
MR. PARNELL conducted the Prosecution.
JOHN STEVENS. The prisoner was in my employment as a traveller—I cannot tell in what part of the country he was in July and August last year—he was traveling—it was part of his duty to collect money, owing to me from different tradesmen, and transmit it to me—Mr. Horsnaill, of Basingstoke, was a customer of mine—I recollect his rang being applied to for some money by a letter written by my clerk—the prisoner never accounted to me for that money.
Cross-examined by MR. PARRY. Q. The prisoner was a little more than twelve months in your employment? A. Yes; he travelled on commission—I do pretty extensive business—I have not much connection in the country—the principal part of the orders the prisoner sent have been executed—there may have been a case or two where they have not been executed—I believe Mr. Horsnaill was one of the customers whom the prisoner procured for me—it was the letter end of Oct. I think, about the 30th or 31st that I heard that
this money had not been paid—I did not give the prisoner into custody on this charge—a person named Cross did—I never charged the prisoner with receiving this money before he was given into custody—he was not accounted for the 8l 18s 6d which is the subject of this indictment, and for many other sums as well—I never said to him, "Have you received this money from Mr. Horsnaill?"—he never said to me in words, or by letter that he had not received it—he received between 200l and 300l of my money—he was in the habit of paying his expenses out of the money he received on his journey—he furnished me with a statement of the monies he received from my customers early in Oct.—he has complained that I did not execute the orders he got, but he complained without cause—I believe all the customers in the country were his own connexion that he brought to me—here is the account he rendered to me in the beginning of Oct.—it consists of various items—the amount of 8l 18s 6d from Mr. Horsnaill does not appear in it.
Q. When that account was rendered did you agree with you prisoner striking a balance between you, that he was to give you security for the balance due to you? A. He offered me security for that amount—I did not agree to accept it—I sent him to Mr. Jennings the solicitor—a draft deed of assignment was drawn up, by which I was to be secured for this balance, but not the otherif Mr. Horsnaill's account had been there I should not have noticed it properly—I should not have struck that out; you may say that the other amounts that he received have been treated as matters of account between us, but not the 8l 18s 6d—if that had been there it would have been so, but it is not down, it is one of the robberies—I should have compromised it had it been down—I have not treated it as matter of account—Mr. Jennings has not to my knowledge had constant communication with the prisoner—not more than three or four times—most likely that was sufficient to drew up the dead of assignment—the deed was not executed—if the prisoner would give me security I should object to take it now—I am not aware that the deed of assignment was negotiated as late as Dec. last—I have not heard Mr. Jennings state so—I never saw Mr. Jennings writing—I sent to him but he never had anything to do with me, neither did I know him—I do not consider that I employed him—he is doing this business—I believe he drew up the deed—I never saw it till the day before yesterday, when it was in Mr. Clarkson's hand—my brother-in-law is named Cross—he is one of my travelers—I sent him with the prisoner to Mr. Jennings.
MR. PARNELL. Q. I suppose the mode in which the prisoner would have to account was this—he should have remitted the money up within two or three days after he received it, and on his return he should have given the account in by word of mouth? A. yes—in October the negotiation was with reference to a sum of between 200l and 300l that he was found to be deficient, and in that this sum of 8s 6d was not included—it was after that I discovered he had not included in it the sum he had received—it was discovered by a letter from Mr. Horsnaill—I did not see the prisoner between October and the time of his apprehensive—I never saw the deed till the other day—I believe the truth was, the prisoner would not execute it.
COURT. Q. When was the time he ought to have given you some account of the receipts? A. Within three or four days of the receipt of them—he mostly remitted the money up in lumps, and the statement of the accounts he had received—I had some negotiation with him about a deficiency of 200l or 300l—he owned that, but this sum was not in that account.
MR. PARRY. Q. Did you not send your brother-in-law to the Bank to
ascertain whether those securities existed as represented by the prisoner? A. Yes, and they did.
EBENEZER WILLIAMS. I am clerk to Mr. Stevens—I keep his book and accounts—there was another clerk connected with me—in May, June, July, and August, I was engaged in that way—I know the prisoner's handwriting—he was accustomed to account to me for what he received, and the orders he got—I was the person he did business with—I received an order from Mr. Horsnaill by the prisoner—the goods were sent—the prisoner has never accounted to me for the amount of them—h has not entered it in any of his accounts at all—I know that by the book.
JOHN HORSANAILL. I am a grocer, and live at Basingstoke.—in August last I paid the prisoner 8l 18s 6d on account of Mr. John Steven—I have the receipt for it in the prisoner's writing—in October, an application was made to me for the money—I then gave information—I received a latter from the prisoner after I paid the money—I cannot recollect when I received it—I supposed it was some time in October—I have not got the latter—I believe it was destroyed, or lost—I do not know where it is—this (looking at a paper) is not the latter—I believed these are not words, or the import of the latter I received and lost—I cannot speak positively to it, it is pretty similar I believed—(read "4, Portman-place, Edgware-road, 27th Oct., 1846. My dear friend—The house of Mr. J. Stevens, that I have lately represented, has not backed me in a way my very respectable connection has warranted, so that it is probable I may very shortly have to introduce to you to you another house; hoping to have the favour and continuance of your kind support. I subscribe myself, with much plessure, my dear friend, your faithfully, J. Skinner. P.S.—Should you be called upon, or have any communication from the house, beforeyou see me, please let me know promptly, per post, and you will oblige me.")
cross examined. Q. did he not say it was an unhappy affairs; but it was an unsettled account between him and Mr. Stevens? A. He said he hoped he should be able to prove it was an unsettled account between him and Mr. Stevens.
1033. JOHN ABETHEL and WILLIAM JONES were indicted for stealing 1 spade, value 2s 6d; and 2lbs. 6ozs. Weight of rope-yarn, 6d; the good of William Worley; and that Abethel had been before convicted of felony.
JOHN GELL I am groom to Mr. William Worley, of No. 77. Camden—road-villas. On the 26th March, about nine o'clock in the morning, I was called to the stable-yard—the prisoner Abethel had been taken by cornwall, and put into the stable-yard till they rang the bell for me to come—while I was there he ran out of the yard to get away—I ran and overtook him—I took him back—this spade is Mr. William Worley's—it was in the coal-shed before it was lost.
WILLIAM SANDFORD. I live in Caroline-street, Camden-town. On the morning of the 26th March, I was in a stable at the back of No. 71, Camdenvillas I saw the prisoners, they were together, over against Mr. Worley's premises—I got over the fence inclosing Mr. Worley's paddock—the prisoners had then separated—Abethel was inside the shed and Jones was close against the gate, with this spade concealed under his arm—he was making his way towards the gate to run away—as soon as he saw me he chucked down the
spade and ran away—I followed him to the bottom of Camden-villas, and brought him back.
CHARLES CORNWALL. I live at the stable, No. 71, Camden-villas, and have a hackney-carriage. On the morning of the 26th March, I saw the prisoners in the mews first—I saw them then at Mr. Worley's—I saw Jones going with the spade, and Abethel was in the shed—I saw Abethel take the rope-yarn, roll it up, and put it under his jacket—I took him in the stable-yard, and rang the bell for the groom—Abethel ran away, and the groom caught him.
Jones. Q. Did you not see me on the dung-hill, and tell me to go into the field? A. Yes.
Jones's Defence. I went against the gate, and there was the spade; I took it up; the man ran after me; I ran and threw it away.
WILLIAAM POCOCK (police-sergeant D14.) I produce a certificate of the prisoner Abethel's former conviction at Clerkenwell, by the name of the John Williams—(read—convicted 27th Oct., 1846, and confined four month)—he is the person.
ABETHEL— GUILTY. Aged 17.— Confined Twelve Months.
JONES— GUILTY. Aged 17.— Confined Two Months.
GUILTY, and received a good character. Aged 45.— Confined Fourteen Days.
MR. BALLANTINE conducted the Prosecution.
ROBERT METCALYE. I am delivery foreman at the wool warehouse in the London Dock. On the 26th Feb., forty-two bales of wool were to be delivered to Kenworthy's wagon—the prisoner was labourer there, and it was his duty to pass the wool out of that warehouse to Leonard, who loaded the wagon—the prisoner was in the werehouse—it was his duty to hand it out of the loop-hole, and Leonard's duty to receive it, and place it in the wagon—I received information that the delivery was complete, just before twelve o'clock, and gave the ordinary note to Leonard to go to another party, from whom he would get the necessary pass, to pass out of the Docks—I saw Joiner with another wagon of Kenworthy's, drive up to the wagon which was being loaded.
RICHARD WILTON. I am an extra labourer in the London Docks. On 26th Feb. I was employed in the spice warehouse, which is directly opposite the wool warehouse—about twelve o'clock I saw one of Kenworthy's wagons under the loop-hole of the wool warehouse—I believed the top table were level with the loop-hole—I saw a man with the wagon, I did not know his name—I saw Pottle step from the loop-hole to the wagon—he took off a woollen cover cloth, and took it on to the floor of the warehouse—the man who was standing on the bales looked round, two or three times, to the gate where the constables stand, and then he beckoned to Pottle—Pottle stood about half a minute, and he went behind the loop-hole, took out a bag, and gave it to the man on the wagon—the bag was a kind of corn sack, and after the sack was put on the wagon, the woolen covering was thrown on the sack by Pottle—I
saw the horses taken out another wagon, and put this wagon, and this wagon was driven off by Joiner.
Cross-examined by MR. DOANE. Q. The wool came near to the loop-hole? A. Yes, the wagon was loaded before I had my eye upon it—I understand Leonard had the charge of loading the wagon—I saw him make a signal to Pottle, and then he brought the sack out, and then the covering—it was a usual covering for these wagons—I saw the wagon leave, and Joiner drove it—I do not know where Leonard went—the officer were on duty no doubt, but I did not see any of them at the time.
OWEN JONES. I am a permanent labourer in the London Dock. On the 26th of February I was at work in the shed under the wool warehouse—about twelve o'clock I went into the wool warehouse to lunch—there was a dark corner, and I ate I my lunch there—while I was eating it I saw the prisoner take a bag from behind the loop-hole door and place it on the flap of the loop-hole—I did not see what became of it—I am not aware that the prisoner saw me.
THOMAS PARSONS. I am get-kipper at the London Docks. On the 26th of February I was at the principle entrance in East Smithfield—Joiner drove a wagon up and produced a pass—as I had received information I searched the wagon—I found two bags of coffee in one sack, and one bag in the other—there were forty-two bales of wool.
GEORGE DIX. I am a constable in the service of the London Dock Company—I received information, and went to the wool warehouse—while I was giving directions for the wagon to be searched, I saw the prisoner looking out of another loop-hole in a very suspicious manner, popping his head out and drawing it back again—I ran up into the wool warehouse—I saw the prisoner before I came to him—I saw him pop behind a box in a dark corner—I went up and took hold of him—I said I took him into custody for stealing coffee—he said he knew nothing about it.
Cross-examined. Q. Was the box where he kept his clothes and his luncheon? A. I do not know.
GUILTY. Aged 33.— Confined Six Months.
MARY BULLEN. I am single—I lived at No 24, Albert-street, Camden-town, when this occurred—my sister Lucy was living in the same house—on the 23rd of March I gave her a 20l Bank of England note, and a bank-post bill to take care of for me—I took the number of the note, it was 15771—I got it from the Liverpool bank—this is the note, I know it by the number.
LUCY BULLEN. I am the sister of Mary Bullen. I recollect her bringing a bank post bill and a 20l note to me, that they might he put with my own money—I do not exactly recollect taking hold of the post bill or the note, but I found the post bill in my purse—I recollect distinctly seeing the note in her hand, and she offered it to me—I recollect that the bill was cut in two, and either I or my sister sewed the pieces together—one threaded the needle and the other sewed it—I found the bank post bill in the purse a week afterwards, but no note—I was very much surprised at not finding the note, as the impression on my mind was that I had it there—I did not change any 20l note from the time that I saw the post bill till the time I did not see the note
in the purse—Murphy was living servant in the house—she served my sister and me in our apartments—she was living there at the time my sister brought the post bill and the note, and at the time I saw the post bill in the purse—she left the house since the time I found the bill in the purse and could not find the note—when I missed the note I spoke to Murphy about it—I said it was a sad thing we should have lost it, that feared she might not be well instructed, and she might consider as many people did, that a person who found a thing had a right to keep it—I told her that was not the case, and if she found anything and made use of it, it was the same as stealing, and a person who did so would be as much punished as one that stole it—I do not recollect whether at that moment I mentioned the amount of the note, but it had been mentioned to her before.
cross-examined by MR. PAYNE. Q. Did you not know she was a poor Irish girl from Skibbereen, and not very likely to know a 20l note? A. Yes. EPHRAIM BENJAMIN. I live in High-street, St. Giles, and am a clothes'—salesman. On the 24th of March I saw the two prisoners at my shop—they came to purchase a new frock-coat for Tarretty—it came to 35s—Murphy took a 20l note out of her pocket, and gave it to Tarretty, and he presented it to me—I said I had no change—I went to my neighbour to ask him for change—I could not get change—I came back with the note, and told the prisoners so—they said, "Never mind, I will leave you half-a-sovereign deposit on the coat"—they both spoke—they left me the half-sovereign, and said they would call again—I gave them a card with the amount on it, "Received 10s 25s to pay"—I gave the 20l note back to one of them, I cannot say which, and they went away—I saw Tarrretty again on the Monday evening following (March the 29th) he came to my shop between six and seven o'clock—he tried the coat on, and he said "I shall want a pair of trowsers at the same time"—he presented the same 20l note to me again—I said, "It is very singular you should keep this note in your possession from Tuesday till Monday evening, and come and want me to change it again; I do not feel satisfied with that, I shall go with you and see"—he said, "I can give you a good account of it"—at first he said the foreman of the Birmingham railway would give me an account of how he came into possession of that note—I said, "Well, if that is the case I will change the note for you, I have not the slightest objection if the note is honestly come by"—I offered to go with him—we were going along quietly—he left me, went on the other side of the way, and ran away—I ran after him for a quarter of a mile—I was near behind him, but the policeman caught him—I gave the 20l note to the policeman.
GEORGE DAVIS (police-constable E 29.) About eight o'clock in the evening of the 29th of March, I was on duty in Tottenham-court-road—I heard a cry of "stop thief!" and ran into John-street and saw Tarretty—I caught him—Mr. Benjamin came up and told me he had offered him a 20l note that he suspected to be wrong—Tarretty told me a girl, a sweetheart of his, gave it him—I received the note, and took Tarretty to the station—he told me, if I were to go to his landlady where he lodged, she would tell me where the female lived.
JOSEPH HUGHES (police-constable E 114.) I was at the station when Tarretty was brought there—I went, by his direction, to this landlady, and in consequence of going there I found where Murphy was—I went to the house I was directed to—I found Murphy and got her away from the house—I then told her I was a constable, and she must consider herself in my custody for stealing a 20l note—after we got a little way she said she wanted to
speak to me—(the landlady was behind)—she then said, "I picked up the note; I saw the lady drop it as she got out of the carriage; they made inquiry about it; I denied it; I knew I had done wrong; I did not like to admit I had it, and I gave it to James Tarretty to get change"—I asked where her mistress lived—she said, "No. 24, Albert-street."
Cross-examined. Q. You asked if her name was Murphy? A. Yes—I told her a young man wanted to see her, and to get her bonnet and shawl, and come with me that Tarretty wanted to see her—she never told an untruth, or made an attempt to deceive in anything.
(Margaret Murphy, the prisoner's sister, gave her a good character.)
MURPHY— GUILTY. Aged 18.— Judgment Respited.
TARRETTY— GUILTY. Aged 22.—Recommended to mercy by the
Prosecutrix and Jury.— Confined Six Months.
1037. BARBARY BRUNSDEN was indicted for stealing 1 sheet, value 2s, the goods of the Guardians of the Poor of the parish of St. Luke, Chelsea; and CATHERINE BROWN , for feloniously receiving the same, well knowing it to have been stolen; to which Brunsden pleaded
GUILTY. Aged 67.—Recommended to mercy. — Confined Fourteen Days.
DANIEL SUTTON. I am master of the workhouse of St. Luke, Chelsea; Brunsden was an inmate there; she had the care of the lying-in ward. On the 27th of March a sheet was brought to me by O'Keefe, who said she believed it belonged to us—I found it was so—on the afternoon of the 30th of March I went to Brown's house with an officer—Brown was not at home—she! came to me about seven or eight o'clock the same evening, and said, "You called at my house about a sheet"—I told her I had a sheet brought to me, and I asked her to account for the possesaion✗ of it, and said "I bought it of Brunsden, one of your nurses; I bought a shift and a shawl from the same person"—on the morning on the 31st I charged Brunsden with having sold these things—she denied it—I told her Brown had told me so—she still denied it—I took her to the station, and she then said she did sell them.
Cross-examined by MR. PARNELL. Q. I believe you no claim to this shawl? A. No—it belonged to a woman who died in our house—this sheet is worth 2s—the mark of it is partly obliterated—here is part of it—O'Keefe had been in the workhouse two or three years ago—the house I went to for Brown is in some street in Sloane-street—I believe she is the landlady of the house—I heard her say she could not read or write.
Cross-examined. Q. You had been an inmate of the workhouse? A. Yes—I do not know whether Mr. Brown knew that—I never mentioned the workhouse to her—I lodged at Mr. Brown's five months—her house has four rooms—I can read, but not write—I had this sheet on the bed a week before I discovered the mark—I had no quarrel with Mr. Brown—she got my husband out of his employment, through spite about the sheet, on the following Monday morning—I had left her lodging on the Saturday night—I paid her every farthing I owed her—I had paid her 5s on the Saturday night before, which was the rent for a week.
at Mr. Brown's there weeks before this business—I saw a sheet on the table—she did not say who she bought it of—I asked what she gave for it—she said 1s 6d,—there was a mark on it—she asked if I would take the mark out—I said yes, if she would give me the money to buy the stuff—she gave me 1d—I bought the salts of lemon, and took the mark out partly, but not quite—I had been in the workhouse.
Cross-examined. Q. I am told you brought something out of the work. house? A. Nothing but what I was allowed—mistress gave me two frocks for my baby, and two shirts and two flannels, and shift—the things for the baby were not marked—the shift was marked—I did not say to Brown, "Why don't you take the mark out"—there was a shift there and a shawl—she said she gave 1s 6d for the sheet, 6d for the shift, and 4d for this small shawl.
BROWN— NOT GUILTY.
1038. HENRY IRONS was indicted for stealing 8 paving stones, value 5s, the goods of William Frederick Anderson and others, trustees for paving, lighting and cleaning the parish of St. Luke.—2nd COUNT, of John Stewart Kipling.
MR. PARRY conducted the Prosecution. JOHN GILES. I am surveyor of pavement to the trustees of the pavement of the parish of St. Luke, Middlesex. I am in the habit of giving orders for any materials for paving the streets—in the middle of March the parish was paving White Lion-yard—old and new paving-stones were being used—I gave orders for moving about 1000 feet of stones from the public green-yard, which is the depository of the stones, to White Lion-yard—the value of them altogether was about 25l—I afterwards saw them piled up in White Lion-yard—I was present when part of them were removed from the green-yard, but not the whole—I have seen the stones which are the subject of this indictment—I know them—I can speak positively to them from having given orders to our jobbing mason to cope them—I believe them to be the property of the parish—Dick called at my residence on Wednesday, the 24th of March; I was out of town—he repeated his call on Thursday evening—in consequence of his information I proceeded to his house, and went to No. 2, White Lion-yard—a person named Lloyd rents that hours—I went to the back of the house, and in a small covered shed there I saw forty-seven stones closely piled together, and amongst them I saw the eight stones which are the subject of this indictment.
Cross-examined by MR. HORRY. Q. These are old stones, and worth 5s.?
A. Yes—these stones had been missed before Dick called—I had not spoken to every body about it—I had not spoken about it to the policeman—I spoke to one of our men on the Tuesday previous to Dick calling—I expressed my surprise that the stones I delivered did not cover the ground they should have done—it was rather a confidential communication—Dick was quite a stranger to me—the prisoner was not employed by the parish—I do not know him.
WILLIAM JOHN DICK. I am a marble-polisher—I worked under the prisoner as a labourer, between, five and six months—he is a bricklayer—I had been doing jobs for him during the whole of that time. On Saturday, the 20th of March, in the middle of the day, I was present with him in White Lion-yard—he and I had been working there, at No. 8—he had an opportunity of seeing the piles of stones, which were in White Lion-yard, for the purpose of repaving it—about five minutes past twelve o'clock the paviors about there
had gone to dinner, and the prisoner ordered me to help him carry some stones which he said he had bought of Mr. Giles, and he could have what more he liked—in consequence of that, I helped him with two stones into No. 2—he carried two, and I carried two—we carried them through the house No. 2, and put them into a shed in the yard—when I went into the shed there was a great number of stones piled up in it, as much as a cart-load—all that the prisoner told me about them was that he bought them of Mr. Giles; that he was going to make a drain, and that they would come in very handy for him—I did not move any other stones into that shed—he said he wanted me to go to No. 8 at four o'clock on Friday morning, the 19th, but I would not—after I had moved the stones on the 20th I did some jobs with him—we laid two hearths—the stones we used was the same sort as that in White Lion-yard—I do not know whether it was any part of the stone I carried—the stone was there when I got there—I gave information to Mr. Giles—I went to his house on the Fast-day, the 24th of March—I did not find him at home—I went the next morning—I left word where the stones were—I have seen the stones which are here—I can undertake to swear these are the same that were removed from White Lion-yard to No. 2.
Cross-examined. Q. Did you move no more than stones? A.No—I swear I moved no more—that was the only time I moved stones—I gave Mr. Giles information, because when the prisoner told me on the Monday that when all the men were gone in the evening, and there would be no suspicion, he would have a horse and cart, and move the stones away—I knew they were not bought because he wanted them moved at night, when all the men were finished—I went on Monday and told my wife and the lodgers that I was very uneasy, and they persuaded me to go to Mr. Giles and let him know—I did not know that the stones were not bought when I moved them—went before the Magistrate, and gave the same evidence—I saw a gentleman there writing—I did not sign a deposition—it was read over to me—the Magistrate did not tell me he did not believe me, that he distrusted me altogether—I was not bound over to attend here as a witness—I had subpoena served upon me last Wednesday—I live at No. 7, Hackney-road—I have lived there better than six months—I have been employed by the prisoner from time to time—I never knew him buy stone—he does not buy old stones, only bricks, and tiles, and mortar—I did not tell him that these stones were for sale, that some of the men had them to dispose of.
SARAH LLOYD. I am the wife of William Lloyd—we live at No. 2, White Lion-yard, St. Luke's. On Thursday, the 18th of March, the prisoner came to me—he said he had bought a few old stones, and he asked if I would let him put them into the shed which is at the back of my yard—it is a covered shed—I said, "Yes"—on the Saturday morning following I saw him, and a labourer with him, at a little after eight o'clock—they brought in some old stones, took them through the passage, and put them into the shed—I believe there were no stones I n the shed before the prisoner spoke to me—I had not seen any—on the Saturday I saw twenty or thirty stones were piled up there.
Cross-examined. Q. of course you had no suspicion? A. No—I knew the prisoner before—I never thought he would do wrong—the shed had no lock nor button on it—anybody might enter it—our street door is easily opened—the house is let out in tenements—there was no disguise about the prisoner.
MARTHA SMITH. I am the wife of Thomas Smith—we lodge at Mr. Lloyd's. On Saturday, the 20th of March, I saw the prisoner standing at the street door, and Dick come in with a stone—the prisoner went into the yard—there was a
barrow at the street door—I believe they took one stone from the barrow—I I saw Dick carry a stone a second time—the prisoner was at the door—he had his hand on one of the stones, but was not taking it through—I had seen the shed on the Thursday—there were no stones in it then.
Cross-examined. Q. Had Dick an opportunity of seeing you? A. Yes—I stood at the foot of the stairs—he did not speak to me.
CHARLES TOMLINSON. I am a stone-mason, and live in Popham-street, Islington. I was employed by Mr. Giles—I conveyed by his orders pavingstones from the Green-yard to White Lion-yard—the stones produced were amongst them—I know them by their coping, which I did myself—I am quite sure about that—I took them from the shed at No. 2, White Lion-yard, before the prisoner was taken into custody.
Cross-examined. Q. How many stones did you work upon? A. I cannot say—amongst the lot there were twenty or thirty I had worked uponthese eight are part of them.
JOHN GILES re-examined Q. Did you ever sell any of these stones to the prisoner? A. Certainly not—I never authorised any of person to do so—William Frederick Anderson is a trustee of the parish, and John Stewart Kipling is the clerk.
PETER DIXON. I am constable and street-keeper of St. Lukes. I took the prisoner into custody on the 26th of March—I asked if he knew anything about any stones in White Lion-yard—he said he gave the men some beer for some old stones, they put them into the passage, and he put them into the shed on the Saturday—I said, "You don't call them old stones, do you?"—he said, "They were a few old stones, I thought they were of no consequence"—on the way I met Dick's wife, and on seeing her, the prisoner said, "It is that woman's husband that has splitupon me."
Cross-examined. Q. Did he not say, "That woman's husband got me into trouble?" A. I have stated the very words he used, "That woman's husband has splitupon me"—he might have used the word "trouble."
1039. MARY GARROD was indicted, for that she feloniously and maliciously, by fraud, did lead, take away, and detain, a certain male child of the age of six years, named Alfred Emanuel Vassie, with intent to deprive George Vassie and Marina Vassie, the parents, of the possession of the said child.—2nd COUNT,with intent to steal 1 pinafore, 1 waistcoat, 1 pair of trowsers, and 1 shirt.
ELIZABETH GILLMAN. I live in Vincent-street, Limehouse-fields. On the afternoon of the 1st of April, in consequence of something I heard, I went after the prisoner—I overtook her—she had a little boy with her, Alfred Emanuel Vassie—I knew him—he is here—the prisoner had him, leading him by the hand—they were walking rather fast—I asked her what she wanted with the child—she said she wanted him to get her half-a-quarters loaf—she winked her eye at me, and said she would give him a farthing—I said, "I shall see what you want with him"—I took him from her—she walked on, and went into two different houses—I still followed her—she asked me what I intended to do with her—I told her if there was a policeman in the way I would give her in charge—we followed her to her own house—she was taken there, and I took care of the child.
GRACE HOWLEY. I live with my father and mother, in Vincent-street. I know the little boy Vassie—on the 1st of April he was playing with me and my brothers, near the Ben Johnson—the prisoner came up, and asked Vassie
to go and get a loaf for her—he said, "Yes, if you will tell me where"—the prisoner said, "Come along with me first and I will give you a farthing"—she took him by the hand over the Ben Johnson fields—I went and told his mother.
Cross-examined by MR. PAYNE. Q. Do you know Swanton-place? A. Yes—I do not know Mr. Boyle—the prisoner did not beat Vassie or hurt him—she only led him along.
GEORGE VASSIE. I live in Limehouse-fields. I am the father if this little boy—his name is Alfred Emanuel Vassie—he turned six years old—I received information—I followed the prisoner, and found the child—I asked the prisoner what was her reason for taking the child—she said she did not intend to keep the child or harm it—I asked her where she lived—she said, "No. 1, Bow."
Cross-examined. Q. Did she not say she owed some money to the banker, and did not like to go herself? A. No, Sir, not to me—she said she was going to send him to a baker's in Westover-street—she said before the Magistrate that she owed the baker some money.
MR. PAYNE called
SARAH BOYLE. I have known the prisoner twenty-seven years—she is a poor, honest, hard-working woman—on the 1st of April, a little after three o'clock, she asked me to let my little boy go and fetch her a loaf—I said he was not at home—I told her to go and look for him, and to take him—she did not find him, and I expect she took another child.
OLD COURT.—Monday, April 12th, 1847.
Third Jury, before Mr. Recorder.
WILLIAM CLISSOLD (a prisoner) I am fourteen years old, and have been errand-boy to Mr. Clowes between five and six months—I lived with my father—on 25th March, I took some printed paper from a beap—I took it to the prisoner direct from the warehouse, about half-past six or seven o'clock on the Thursday evening—it was between light and dark—the prisoner lives in Bedfordbury—he knew what I wanted, because I had sold him several other things, some grease, oil, and iron, which my master had given me to sell—the paper was weighted, it weighed 21lbs.—he gave me 2s 3d for it—my father was there afterwards—I did not see the prisoner between the time of selling the paper and my father going to him—I did not meet him at any time—he asked me if I had any more paper to sell—my master had given me some paper to sell for my own purposes, and also the iron and grease—I sold grease a good
many times—sometimes I got 7d for it, sometimes more—I forget what I got for the paper I sold before—I believe it was 1s 9d, it weighed about 11lbs.—I was allowed to sell it—that was old proofs—some printed and some written upon.
COURT. Q. How came you to take this paper, when you could have it given you? A. I stole the last that I sold—nobody told me to take it—the other was white paper, which was thrown down stairs from the top warehouse—the other boy picked up some of it—I asked master if I should tie it up—he said it was of no use, I might have it—I picked out the clean sheets, and sold them—I saw the prisoner at his house after that, and he asked if I had any more paper—he did not ask where I lived—what I had sold him before was not near so clean as that I stole—I put some paper in the cellar, the warehouseman found it, and told Mr. Letherby—I then confessed.
RICHARD LETHERBY. I am overseer of the warehouse of William Clowes, and another, printers, at Charing-cross—Clissold was in their employment—after detecting him, I went on Friday Morning to the prisoner's, who is a marine-store dealer—I did not see him then, but I saw him on Saturday morning, and said I had come about paper which the boy had sold him, which was stolen—the boy was with me,—the prisoner said he had sold him no other paper than what was there (pointing to some dirty paper on the shelves)—I said I should communicate with the police—I had no further conversation with him—I had previously spoken to the boy's father.
Cross-examined by MR. BALLANTINE. A. I suppose you and his father arranged that he should be let off, if he gave you all the information that was necessary? A. No—I have not spoken to the boy—the inspector and the Magistrate thought it would be best, and agreed to it—on one occasion the boy came to me with some broken pieces of iron, and asked if he might have them—I gave him them—the grease was the scrapings of the men's candle-sticks—it very seldom occurs that proof-sheets are clean—there are a great many books that do not find a sale, but we should not have the waste sheets—sometimes we print on our own account—we never destroy any sheets—if we do not sell them all, they are kept on the premises—the books we print are official regulations—I know there are works which are unsaleable, and the sheets become waste-paper.
COURT. Q.What is the value of this paper as waste-paper? A. At least 31/2d per lb., usually 4d per lb.—it is clean, and it taken from large bales—here is some of the same sort—it was taken from two works.
JAMES CLISSOLD. I am the father of the boy—I heard he had been stealing some paper from Messrs. Clowes—I went to the prisoner's with him on Friday morning, and saw the prisoner in his back room—I told him we had come about some valuable works he had bought—he said, "What valuable works"—I said I could not exactly tell, I have a person with me who can tell, and introduced my son—the prisoner asked us in-doors—he asked me to look round and see if I could see them—the boy did so, and pointed to some paper at the top of a shelf, at the top of a press—I took it down and asked the prisoner if he had brought it—he said he did not know anything of the boy, he had not seen him before to the best of his knowledge—I asked the boy if he had sold that paper to him—he said he had on the Thursday or Friday previous—the prisoner then said he recollected buying it—I asked him what he paid a pound for it—he said 11/2d—I put it into the scale and weighed it—it was 21 lb.—I asked him to allow me to take it back—he said I might have it for 2s 8d, what he had paid for it—I did not take it—I said I would go and fetch the person it be
longed to first—I told him it had been stolen, and he must keep it till I returned—I told him they were some valuable works about the military—he made no answer—I went away—I saw him again the next morning, Saturday—my son was with me—I told him I was come about the paper—he said, "What paper"—I said, "The paper I came about with the boy yesterday morning"—he said he did not recollect seeing the boy before—I asked him for the paper I had seen on Friday—he produced a pile or two from the top of his shelves—I reached one pile down myself, and I examined it—it was not the same—I said, "This is not the paper I saw yesterday morning"—he said he had no other paper in the house—I sent my son to fetch Mr. Letherby—I only examined one bundle on the Saturday—that was 9lbs. or 10lbs., the other was 21lbs.—I did not read any of it on the Saturday—I read something about the military exercises and the march, on Friday—what I saw on Friday was the same sort as this now produced—what I saw on Saturday was dirty newspapers—I only examined one bundle on the Saturday, that was what he gave me to examine—he said he had no other—when Letherby came, he said he called about some paper—the prisoner told him he had never seen the boy before, and never had the paper—he told me not to make any hubbub, as he supposed I did not wish to punish the boy.
COURT. Q. He did not speak of any apprehension for himself? A. No.
JOHN LUND. I am inspector of the A. division of police. On 3rd April I took the prisoner—I said I had come respecting some paper, and I thought it would be advisable for him to accompany me to the Police Court, as no doubt the Magistrate would wish to ask him some questions—he said, "No, I shall not go"—I said, "If so, I shall take you into custody"—he said, "You dare not to do that without a warrant"—I went to Bow-street—the Magistrate ordered me to take him in charge, which I did, and asked if he knew anything about the paper—he said he never saw the boy, nor had he bought any paper of him—the boy was in the shop with me—I did not hear him say anything.
MESSRS. BALLANTINE AND EVANS conducted the Prosecution.
GEORGE SMITH I am a china and glass dealer, and live in Conduit-street, Regent-street. The prisoner was my warehouseman—he discharged on the 24th of December last year—he had the care of my glass and china.
Cross-examined by MR. MELLER. Q. How long had he lived with you? A. From January to December—I have no Christian name but George.
THOMAS WHITFIELD. I live in Berwick-street, Soho. I have known the prisoner four years—in January last he sold a duplicate to me for some decanters for 2s 6d—this now produced is it—he afterwards said if the ticket was destroyed, or he could have it back again, Mr. Smith could not swear to the glasses, he might swear to the decanters.
Cross-examined. Q. When was this? A. Between the 19th and 28th of the January last, but I cannot say the day—it was after he had left Mr. Smith's service—I do not know that there had been any charge made at that time—I had no reason to suspect the prisoner's honesty—he told me the articles were perquisites.
COURT. Q. Is that the ticket he originally gave you? A. The first ticket
I changed of my own accord, and put the articles in my own name, and paid the interest.
ALFRED ADAMS. I am assistant to Mr. James Aldhouse, jun., pawnbroker, of Berwick-street. I produce four decanters—I cannot say when they were pledged—the person who took them in has left—I cannot find the old duplicate—I could tell when they were pledged by looking in the book, but I have not got the book here—it is not usual to keep the old tickets—I also produce some tumblers.
JOHN GRAY (police-sergeant 10 C.) On 27th March I apprehended the prisoner at a house in Round's-court—I saw him on entering the house, and asked if Mr. Dicker was at home—the prisoner said "No"—I went away then, returned in about a minute, and said he was charged with the robbing his employer—he said he had never robbed him in his life—I asked afterwards if he had ever given any glasses to anybody to pledge—he said "Yes, but they never belonged to Mr. Smith"—I have produced some duplicates, which I got from Mr. Smith.
THOMAS WHITFIELD re-examined. I got the duplicates from the pawnbroker to whom I produced the old tickets—I paid the interest on them, and got these in exchange—I saw the glasses, but I cannot say these are the same—I had new duplicates given to me in exchange for those I gave up, and paid the interest on.
JURY. Q. How came Mr. Smith to know that you held these duplicates? A. I wrote to Mr. Smith.
MR. MELLER. Q. Had you a quarrel with the prisoner a short time before? A. No.—I never said I would be revenged on him, or words to that effect, or that I would pay him off if I could—I did once wish him to go away because he was intoxicated, but I did not quarrel with him.
COURT. Q. Did you get these tickets for half-a-crown? A. No, the first two were brought to me by Jane Marshall—I advanced money at different times to support them while he was out of employment, and the duplicates were deposited with me as a security—I gave half-a-crown for the third ticket, and gave all three up to the prosecutor or policeman—I had never advanced money on tickets before this—I did not think I was safe in keeping them.
ALFRED ADAMS re-examined Our old tickets are filed on a string, with a label attached to them, but the label was knocked off and I could not find them—we generally keep them twelve months, and then sell them as waste paper—we have an entry in the book referring to them, but I cannot find them—we cross them off the book when the interest—is paid, and enter them in the name of the party paying the interest—the decanters were pledged on 16th July, 1846, by the book—they have never been taken out—they were renewed on 13th February.
JANE MARSHALL I am single, and live at No. 26, Union-street, Middle-sex Hospital. I have lived with the prisoner for eight or nine years—we had the decanters in the house about a year—we wanted money, and he asked me to pledge them—I pledged them with Mr. Aldhouse in July last, but we had them by us for a long time before that, I cannot say how long—I am satisfied we had decanters, and have no doubt these are the same—I cannot swear positively, I think we had them from the 5th of Jan. last year.
Cross-examined. Q. You will not swear positively they are the decanters? A. They are like them—we may have had them longer than I speak of—the prisoner had been out of work a long time, and when he had a few shillings by him he would buy glass for the sake of making a few shillings
and his friends would buy them again—he has brought several decanters before.
COURT. Have these been used? A. Not while we had them—we kept them to dispose of them—they were not taken out to be sold—the prisoner was short of money and they were pledged.
MR. EVANS. Q. Had you any other decanters besides them at the same time? A. I believe we had, but cannot positively say—it is a long time ago.
JURY. Q. Is the prisoner known as a dealer in glass? A. He has many times purchased glass for people during the time he has been out of work—I have worked for the witness Whitfield five years—he bought the tickets, as we were distressed for money, and the prisoner gave him two of the tickets for giving him his dinner and tea one day, the other he purchased for half-a-crown—on the night of the quarrel he came down to me, we were actually starving, we had been out of work, fourteen weeks, and Whitfield agreed to give me my victuals and a trifle in pocket to come and live with him—the prisoner thought it was an imposition, as he had been so long out of employment—he came down to speak about this—he had met with a friend, and was very much intoxicated—one word brought up another—Whitfield turned round and said, "I will have my revenge on you; I will separate you"—and even over the way on Saturday he said, "If I had the money to give you to get a solicitor to get him out of this trouble I would do it, for it is a cruel concern, but I cannot recall my words"—I said, "You wrote to Mr. Smith"—he denied it, and said he had offered the tickets for sale to a person in Little Dean-street, who thought something was wrong, and let Mr. Smith know of it, and I find he never offered any duplicate there at all—the next statement he made was that the prisoner was fearful it would come to Mr. Smith's ears, and he then went to Whitfield, but he never set eyes on him after; for after we were gone Whitfield instantly enclosed the duplicates to Mr. Smith, and settled the affair.
MR. SMITH re-examined. I have seen these decanters before—I have no doubt whatever that they are mine, from their peculiar make—it is a design of my own—they are made without lips, which is very peculiar—I have sold some of this pattern—I cannot take upon myself to say these have not been sold—the tumblers are the same sort that I have in my warehouse, but have no particular mark.
COURT. Q. All you undertake to swear is that they were once your property, and mad in the way of your business? A. Yes—they were made for a particular purpose, not more than three years ago—that was long before the prisoner came to me—I do not supply the trade—these have been made for hotel purposes, without stoppers and lips, to prevent their breaking—I recognised them at once—the prisoner was not in the habit of traveling for orders—the arrangement was that he should never go out of my warehouse, and he even dined there—I was doubtful of trusting him, from a failing he had of drinking—I have not sold many hundreds of these decanters—they are only for a particular class of customers—I sold some dozens two years before the prisoner came to me—I have no idea how these got out of my possession—I cannot say whether they were ever sold or not—I never missed them—I do not sell to dealers in glass—I never sold this pattern for private use, that I am aware of—I can almost say I never sold them to strangers—I have a shopman, and the sale of articles is not confined to myself—I should say they have not been used, or they would be very much scratched and chipped—there is nothing to show they are not perfectly new.
NEW COURT—Monday, April 12th, 1847.
1042. WILLIAM HAINES was indicted for stealing 6 lbs. of metal, value 2s 6d; and 6 lbs of brass, 2s 6d; the goods of Money Wigram and others, his masters, in a vessel in a port of entry and discharge.
CHARLES WHITE (police-constable K 259.) On the evening of the 31st of March, at half-past eight o'clock, I saw the prisoner in High-street, Poplar—he was coming along with something on his arm under his jacket—I asked him what he had got—he said some nuts and screws—he said he had brought them from Derby—I asked him if he worked for anybody in London—he said, "No"—I took him to the station—he told me where he lodged—I went there, and found he worked for Mr. Wigram—I found these brass nuts and screws under his jacket.
JAMES GREAVES . I am foreman in the yard of Messrs. Money Wigram and Co.—the prisoner was in their employ as assistant to the boiler makers. On the 31st of March he was employed on board an iron boat in the East India Dock—I told him to go the saw and cut off the ends of the screws projecting from the nuts—I told him to take care of them, and take them into the store—he said he could not take care of all of them, for some had dropped—I said, "Take care of what you can, and take them to the store"—he was not to take them away—after he had done that, I put him on another job, at which he would have no occasion to have the ends of the screws or the nuts at all—I saw him on the vessel between five and six o'clock that evening—I know this metal—it is my master's property—these are not the perquisites of the men at all.
Prisoner When first I began to cut them off, I was working over the engine room; I worked about an hour, letting the pieces fall down and not taking noticed of them; a man came from below, and said, "You must be foolish to let them fall, you will make 6d or a 1s of them; they are of no use below;" so I put them into my pocket; this man says he told me to take them into the store; I never heard him; I own I brought them away, but I did not know I was wrong.
GUILTY Aged 26.—Recommended to mercy by the Jury and Prosecutor —
Confined Eight Days.
WILLIAM WIGZELL. I am shopman to Mr. James Thomas Hawes, a pawnbroker, in Old-street. On the evening of the 31st March, I was outside the shop—I saw the prisoner come and look at the things in the shop—she went on to the coffee-shop next door, and looked in at the window—I saw that she watched me, and I watched her—some one came and stood between me and the prisoner—she directly lifted up her apron and let it fall over this looking-glass—she took up her apron and the glass, and walked away—I stopped her, and asked what she was going to do with the glass—she said she had not got it—I took hold of it from under her apron—she pulled it, and I let it go—I thought it might be broken—she put it down behind her, and said she had not had it.
Prisoner. I had no apron on. Witness. I do not know whether it was an apron, it might be part of her gown.
Prisoner. I asked him to come up the court, and I would show him where I lived. Witness. She did, but some one came up the court, and said she did not live there—none of our young men knew her—this is my master's glass.
Prisoner's Defence. I have lived up the court four years; I have been put about for the last five of six months; I went to the coffee-shop; a man and a woman passed me; I turned to go up the step; this man came and said I stole a glass; I never saw it; he said he would transport me.
JAMES CLIFFORD (police-constable G 91.) I produce a certificate of the prisoner's former conviction at this Court, by the name of Mary Cowling—(read—Convicted on the 1st of March, 1847, (having been before convicted of felony), and confined one month)—the prisoner is the person.
GUILTY. Aged 50.— Confined Twelve Months.
1044. JAMES WHITE was indicted for stealing 4 shillings, 4 sixpences, 2 groats, 1 penny, and 1 halfpenny; the monies of Richard Kingston, from his person; and that he had been before convicted of felony.
RICHARD KINGSTON. I am a bookmaker, and live at Kensington New Town. On the 1st of April I was going to measure a gentleman in Wellclose-square for a pair of boots—I got out of an omnibus at the Bank—I continued my way, and offered to give a person drink if he would show me the way—it was about six o'clock in the evening—I know I had 18s when I met some one—I had three half-crowns, eight or ten shillings, and some sixpences—I recollect nothing more till I got to the station—when I found my recollection again I was locked up in the station, and I had no money—the prisoner is the man whom I asked to show me the way, and whom I offered something to drink—I am sure he is the man—I can swear to him, but he had a fustian jacket on, not the same jacket that he has now.
Prisoner. Q. Had you 18s in your pocket? A. Yes, about 18s when I left the Bank—there were three half-crowns amongst it—I do no know whether any of it was marked—I put it into my pocked—I was in no other company—I paid for the omnibus—I spent nothing till I met with you—I was sitting down asleep—I have no recollection of who took the money from me—what I drank took my recollection away.
COURT. Q. Did you go into a public-house with the prisoner? A. Yes; and drank something at the bar—I came out, and went to another public-house I do not know how much I drank.
JURY. Q. Did you ask the prisoner to have something to drink? A. Yes; I said, "Will you come and have something to drink?"—we had a quartern of rum, and then we went somewhere else—I do not know what we had at the next place—I was intoxicated—I do not recollect whether I invited him to go into the second house.
PETER SHARP. I am a lamp-lighter, and live in George-yard, St. George's—I was at the George public-house, in the New-road, on the evening of the 1st of April—I saw the prosecutor and the prisoner, and two others with them, drinking rum—I saw a great dead of whispering and nudging going on between the prisoner and the other men, for nearly half on hour—I watched them—the prosecutor seemed overcome all at once—he partly sat, and partly fell on the seat—he was not able to sit down—the prisoner sat down instantly
alongside of him, and the other two persons placed themselves so as to screen him—I saw the prisoner put his left hand into the prosecutor's lefthand waistcoat-pocket—a woman who was sitting there called out—the prisoner got up to run away—I ran to follow him—my foot slipped at the door, and he got out—I still followed him, and never lost sight of him—I caught him about fifteen yards from the house, up the gateway—after I had hold of him he said, "Come on old cock, I will make it all right, you shall have half"—we went to the top of the yard. which is I suppose some sixty yards long—he offered me half this money three times before we got to the top—there used to be a wicket-gate there—he went there and found an obstruction—he there offered me the whole of the money—I would not take it, we returned down the yard again, and at the third arch of the railway there is a wall where a person might escape over—he went there, but found way was blocked up with carts and wagons—there was a struggle between us there, and he jinked the money in his hand—when he got to a dunghill he was thrown down, and left the money there—I saw the money in his hand three times—two or three persons came to my assistance, and the prisoner was secured.
prisoner. You followed me out of the house, and demanded money of me. Witness. No, nothing of the kind.
JAMES POOLE. I live at No. 35, St, George's-terrace. I was sitting alongside the woman who called out—I heard the prisoner say when he first came into the house that he had shown the man from London-bridge to Wellclose-square—he said he had come two miles out of his way to conduct him; that he had given him two glasses of rum for showing him, and he did not seem satisfied—the prosecutor said, "I behaved as a man to you—I live at No. 7, Kensington New Town—I want no further correspondence with you"—they went our together for ten minutes or quarter of an hour, then came back with another person who had some salt fish, and that person said, "I will treat you now"—they had something drink—the prosecutor sat down on the bence—the prisoner sat alongside of him—a woman was sitting alongside of me, and she said something—I saw the prisoner put his left hand into the prosecutor's waistcoat-pocket, and draw out something—I do not know what it was—the woman called out, "Don't go to rob the man, he had been treating you all the evening"—the prisoner then rushed out.
Prisoner's Defence. I went into drink with the prosecutor; there were three men in company with these two who have come as witnesses; we sat down and had something to drink, and these men had some of the rum that we called for; I and the prosecutor had some more rum, and a pint of halfand-half; we then went out—one of them followed us and said, "If you come back, I know the prosecutor, I will treat you with a pot of beer;" we went back and had a share of the beer; when it was out, the man that gave the beer asked if I was not going to stand anything; I pulled out a shilling and gave it to the man to pay for beer; they got shuffling about the prosecutor; I got up, as I had an occasion to go out; this witness followed me, and demanded money up the yard; a tustle took place, I was knocked down on the dunghill, and the money rolled out of my jacked-pocked; whether the prosecutor was robbed I could not tell; he was gone, and because I was a stranger and intoxicated they gave me into custody to escape themselves;
if I had taken it I must have had the three half-crowns as well as the other money, and it does not stand feasible that I could put away three half-crowns and not the small silver and halfpence; the money does not correspond with the prosecutor's money at all.
WILLIAM BANTING (City police-constable, No. 692.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convincied 23rd Feb., 1846, and confined four months)—the prisoner is the person.
GUILTY.** Aged 25.— Transported for Seven Years.
GUILTY. Recommended to mercy. — Confined Six Months.
HENRY MALENOIR. I am a chair-maker, and live in Sidney-street, Commercial-road; I have two workshops; the prisoner had been working for me about seven weeks. On the 7th of April I missed two saws, a cramp, and a plane—the prisoner had been working at the shop which I missed them from—I had discharged him on the Saturday night, the 3rd of April, and on the 8th of April he came and asked me for work—I told him these articles were missing, and asked if he knew anything about them—he said yes, he had taken them—he owned to three them—he said he had pawned them—I called a constable, and gave him into custody—I saw him searched, and the duplicated were found on him—one was for a saw which belonged to me, but which he did not tell me of—these are the articles—they are all mine.
JEREMIAH CLANCY (police-constable K 153.) On the morning of the 8th of April the prosecutor gave the prisoner into my custody for taking some tools—the prisoner began to cry, and said he came to make a recompence for taking the tools—he said he had pawned them in Mile End-road.
Prisoner's Defence. I was very poorly off, and was in the habit several times of taking the tools and pawning them, to enable me to get a few pence to live upon; the young man who worked with me well knew my intention—I was in the habit of pawning and redeeming them; the prosecutor discharged me on the Saturday night; he found fault with my work, and retained a few shillings, which prevented my getting the tools out before he knew of them; he asked me for the key of the shop, and I gave it him; I had not courage to tell him what I had done.
1047. JOSHPH ALLEN and EDWARD DOYLE were indicted for stealing 32 yards of woolen cloth, value 3l 14s 8d, the goods of Benjamin Worthy Horne and another, the masters of Allen.—2nd COUNT, stating it to be the property of the Great Western Railway Company.
MESSRS. CLARKSON and PARNELL conduced the Prosecution.
RICHARD HARRIS. I am in the service of Messrs. Clocking and Co., of Old Change. On the 22nd of March I sent this parcel (looking at it) to the Swan with Two Necks, Lad-lane—it was to go by Railway from Chaplin and Horne's.
Cross-examined by MR. BALLANTINE. Q. Who made up the parcel? A. I did myself—it is woolen cloth—directly I packed it I handed it to the under porter to take to Lad-lane—here is the entry in the book, with the signature to it.
THOMAS LONG. I am carter to Messrs. Chaplin and Horne. On the 22nd of March I loaded this parcel on Chaplin and Horne's van, at the Swan with Two Necks, Lad-lane—it was directed to Oxenham, of Bristol—I afterwards drove the van to the Great Western Railway terminus, taking the way-bill with me—it was not my business to unload the van at the railway—I left the prisoner Allen with the van to unload it.
Cross-examined by MR. O'BRIEN. Q. There were other there beside Allen? A. Yes, a great many of the company's porters, but no one else.
THOMAS GILL., I am clerk to Benjamin Worthy Horne and another, at the Great Western Railway terminus. On the 22nd of March there was a parcel missing from Chaplin and Horne's van—I saw that parcel found in possession of the prisoner Doyle, on the down-goods platform, the platform from which the trains start—when I saw the parcel in Doyle's possession I said, "This is the very parcel we are short of," and I asked him how he came by it—he said a gentleman sent him from the fast train, over to the goods-shed to get this parcel, and take it to Lad-lane—I do not know whether a whether a fast train had just come in.
Cross-examined by MR. O'BRIEN. Q. I suppose you had not missed it a minute? A. Just time enough to refer to the way-bill, and go to the office—Doyle was about twenty yards from the van, towards the end of the platform, going out.
JOHN OLIVER (railway-policeman, No. 150.) On the evening of the 22nd of March I saw Doyle with a parcel—he was coming out of the goods-yard—I asked him for his pass—he said he had not got one—I refused to let him pass—I said he must go back and get one—he went back, but not the way he ought to have gone to get a pass; went towards the goods-shed—I did not see him again till he was in custody—the parcel he had was similar to this.
FRANCIS LOADER (railway-policeman, No. 407.) On the evening of the the 22nd of March, I saw both the prisoners—when I first saw Doyle he was standing by Chaplin and Horn's van, about the centre of the departure-platform, about six o'clock—I saw him again in about a quarter of an hour—he was coming out of the well where the carriers vans are which bring goods to go by the down-trains—he had this parcel under his arm—I asked him where he got it from—he said, Pickford's—I asked him who gave it him—he said, "A gentleman with a green coat on"—I said he must come with me to see whether he got it honestly or not—a porter from Chaplin and Horne's was taking off the things—he came and identified the parcel—I went to Pickford's in consequence of what Doyle said, and then to Chaplin and Horne's, but could not find the person who gave it him.
THOMAS LINIKET. I am a porter in the service of the Great Western Railway Company. On the 22nd of March I was on duty on the down-goods platform, about half-past five o'clock in the afternoon—I was assisting in receiving the goods from Chaplin and Horne's van—Allen was unloading the
van—it was his duty to take the things from the van and to call them over—I have the way-bill, and mark them off according to the names—there was no other person engaged in calling over the parcel but Allen—in this way-bill (looking at it) here is one parcel to Oxenham, of Bristol—I have written against it, "Not to hand," because I had not received it—all the other parcels were there but this—every things was right but this—while Allen was there I saw Doyle standing on the platform against the van—he was in conversation with Allen for about three quarters of an hour—that was while the unloading of the van was going on—I called to Allen to go on with the unloading of the van—Allen did not stay till all the goods were unloaded—when there were five articles left in the van he went away—he told me he was going to the water-closet—I afterwards saw Doyle go off the platform with a parcel under his arm—I followed him to a van of Pickford's, and he laid it on the van—I said, "This is the parcel I was short of, by the name on it"—he said he was employed by a gentleman to take it back to Lad-lane—he had been standing close to the tail of the van—I should say he could not take a parcel out of the van himself—he could not have got it without some one reached it to him, without it fell off—I had seen Allen taking to Doyle on the previous week
Cross-examined by MR. O'BRIEN. Q. It is to the previous week you apply, is it not, when you say they were talking for three quarters of an hour? A. No, on the same evening they were talking three quarters of an hour, during the unloading of the van—something it takes longer to unload the van than it does at other times—I do not know how long it took that time—I should say half an hour or thirty-five minutes—when Allen went away he had the greater part of his work done—he told me where he was going—I saw him go in the direction of the water-closet, and he came back in about the usual time, from the same direction—I do not know where Doyle was taken—I was by Chaplin and Horn's van when he went by with the policeman—the water-closet is at least 150 yards from where the van was unloading—I was not there at the time the van came in—the horses were not to the van at the time I went up to it—the van must have been there about five o'clock—I went up to it about half-past five o'clock—I cannot say how many parcels were in the van that day—there were seven articles which weighed more than a ton—I went to the van to get out parcels after Allen went away—I do not know the driver of the van—the driver did not take anything out of the van in my presence—at the time of unloading the van a good many people were about making inquiries for parcels—I went to the police-office a week afterwards—I saw Mr. Collard one day in the week afterwards—I cannot say how long Allen had been in the employ of Chaplin and Horne—I recollect him ever since I have been there, above two years—he remained at work as usual for one week after Doyle was in custody.
MR. PARNELL. Q. Allen had not had time to go to the water-closet and back, before you discovered that the parcel was missing, and discovered it in the possession of Doyle? A. No he had not.
COURT. Q. Were you there during the whole unloading of the van? A. Yes—I remained by the van all the time Allen was gone, till I saw Doyle go down the platform—I had not left the van before I missed the parcel.
JOSEPH DANCE. I am foreman porter at the Great Western Railway station. About half-past five o'clock, on the 22nd of March, I saw the prisoner Doyle there—I asked him what he wanted—he asked me if there was a man named Allen there—I said there was—he said he wanted to see him, and I let him go through.
JOSEPH COLLARD. I am chief inspector of police at the Great western Railway. I was applied to on the 22nd of March about this parcel—I went to the Marylebone police-station the next day—I saw Allen and Doyle there—they were so near that one could hear what I said to the other—I asked Allen what knowledge he had of Doyle—he said he knew nothing at all of him, he had never seen him before that he knew of—I remarked that it was a very extraordinary thing that Doyle should have gone to his house that morning to borrow money, as I knew he had done, at least as I had been informed he had done—Allen said if he did so he knew nothing about it, he knew nothing of him—(Mr. Massey was present)—I told Allen I should be able to show he was in conversation with Doyle a week before the robbery—he denied it, and repeatedly said he had never seen him before—Doyle gave me his address at No. 22, Clare Hall-cottages, Jamaica-level, Rctherhithe—I went there, and found he was not residing there—his mother was residing there—I took Allen into custody on the Monday evening following.
Cross-examined by MR. BALLANTINE. Q. Have you any witness to prove that Doyle went to Allen's house to borrow money? A. The wife and the mother told me so—the mother is not here—I recommended her to attend—I did not subpoena her—what I have said now is what I said to Allen then—I said it because I suspected he was concerned with the other prisoner—you may say it was to trick him—it was for the purpose of getting information—Allen was not charged then—I cannot say that I did not intend to take him—I ascertained that Doyle did not live at Jamaica-cottages from the woman who called herself the mother.
Cross-examined by MR. O'BRIEN. Q. When you saw the two prisoners at the police-office, where was Doyle? A. In the outer office—he was in custody, and Allen was with the other servants of the Company—he went to give evidence if he was required—he was not called upon—he gave no evidence—I requested Allen to go to give evidence, and on my arrival I received certain information, in consequence of which I did not think it prudent to call him as a witness—that was that he was seen on the platform a week before making inquiries—it is not an unusual thing for a person to go on the platform, and seeing a servant of the Company, to make inquiries—persons go there to inquire for their goods—Allen remained there at work from that Tuesday till the following Monday.
(Doyle received a good character.)
ALLEN— NOT GUILTY.
DOYLE.*— GUILTY. Aged 25.— Confined Twelve Months.
Before Mr. Recorder.
THOMAS HALLS. I live in Essex. On 1st March I had fourteen sacks of flour at my residence—they were placed eight in one cart and six in another—the eight were in the prisoner's cart—they were to be taken to Phœnix-wharf, Kingston—I employed two carts to take them to Stratford—one cart was driven by the prisoner—the sacks had been weighed—they weighed 280lbs—I had a complaint afterwards that they were not full weight.
Cross-examined by MR. BALLANTINE. Q. Did not your ✗l✗ get out of order? A. Not that I am aware of—they have been sent to have another beam put to them since—I asked the prisoner where the flour was—I had not said anything to him before—I did not threaten him—I did not say you had better tell the truth, for Minby and Crawley saw you take it—his master might have said so—he did not in my presence, that I am aware of—I heard his master say something to him, but do not know what it was—it was after that that he made the statement to me—I said, "I ask you for nothing to commit yourself, I want to know who received the flour"—I had heard him say, he had the flour, and he could tell me who received it—I said, "Well, I will leave you"—I then said, "Once, again, will you tell me who received the flour?"—he said, "Well, Spiller and I had it, and Spiller brought it home"—he was not taken in custody for a week after—his master is not here—I think I heard his master mention Minby's name—I am not aware that his master said anything about telling the truth, but I think it very probable he said something to that effect—there was nothing held out to him—I am not aware that his master said it would be better for him to tell the truth.
GEORGE LAVENDER. I am foreman to Mr. Jenner, of Phœnix-wharf, London-bridge. On 2nd March the prisoner brought eight sacks of flour to the wharf—he gave me sixpence, and said, "I shall always give you that when I come now"—he said I was to buy a drop of beer with it—that raised my suspicion, and I weighed the flour—the first sack was 29lbs short—I took the sixpence back to him before weighing any more, and told him not to bring me money to take short weight—the next sack was 58lbs and the next 22lbs short—the other four were quite right—when I said the weight was short, he said, "I do not wish you to say anything about it"—I said, "I shall give your master an account of what is short, you must make it right with him."
JOSEPH BENTON (police-constable K 281.) I took the prisoner—he mentioned something about a man, who he said was not guilty—he asked if I was going to take Gower, and said there was no one else concerned in it but him and Spiller; that they took it themselves, and that he sold it to Spiller for 6s
GUILTY. Aged 34.—Recommended to mercy by the Jury. — Confined Two Months.
1049. JOHN PEACHEY was indicted for stealing 1 handkerchief, value 3d; 1lb of bread, 2d; ½ lb of beef, 4d; 1 oz. of sugar, 1d; and 1 oz. of coffee 2d; the goods of Nathaniel Wurr, from the person of Nathaniel Wurr, Jun.; and that he had been before convicted of felony.
NATHANIEL WURR, Jun. I live at Bromley, Middlesex; my father is a blacksmith. On the 25th March, at five o'clock in the morning, I left home to go to Mr. Tucker's, at West Ham—a boy named Mills was with me—when I got within half-a-mile of the premises, I saw the prisoner, and two more, standing just against a stile—I had a bundle containing some bread, mea✗, butter, and coffee—as I passed the prisoner they all moved on one side—the prisoner took hold of me, took the handkerchief and victuals, and ran away with it—I told my mother when I got home—the prisoner was afterwards taken.
JOHN MILLS. I live at Bromley, and work at Mr. Tucker's factory—I was going to work with Wurr—he had a bundle under his arm—I saw the prisoner within half-a-mile of the factory, by the side of a bank—he lifted up Wurr's arm, took the bundle, and ran away.
Prisoner. I was not there. Witness. I am sure it was him.
GUILTY. Aged 20.— Confined Three Months.
Before Mr. Common Sergeant.
DAVID MOORE. I am in the employ of the Eastern Countries Railway at Stratford. On the 1st April, while I was having my breakfast, I saw the prisoner pass my window twice with a bag on his shoulder, and something heavy in it—I went and watched him, and saw him go to a marine store dealer's yard, and take the bag from his back—he put it in the scales and weighed it—I went and took the bag and found these three pieces of iron in it—they are the property of the Eastern Counties Railway Company.
Prisoner. I found the iron at the bottom of Little North-street, Stratford.
GUILTY.* Aged 34.— Confined Six Months.
1051. BENJAMIN SKIGGS and CHARLES ROOT were indicted for stealing 398lbs weight of lead, value 3l 6s 4d, the goods of Benjamin Nind, being fixed on and to a certain building; and that Skiggs had been before convicted of felony.
JOHN WILLIAM MANNING (police-sergeant K 5.) I heard of some lead having been stolen from Mr. Nind's portico, at Leyton—I watched near Cat-Hall-lane, opposite the cage, in Harrow-green, Leyton—I saw a cart go down the lane—I watched till it returned in about a quarter of an hour—I, Benton, and Potten, went to the cart—we found the two prisoners in it—Hall had been driving it, but he got out and went to the public-house—the cart was standing opposite the public-house—this was about nine o'clock at night—I laid hold of Root by the collar with one hand, and I felt the lead with the other hand—I asked him how he came by the lead—he said he knew nothing at all of it—he made great resistance, and attempted t throw me several times after getting him out of the cart—another officer came, and we ultimately secured him—Benton took Skiggs.
Cross-examined by MR. PARRY. Q. When was the lead missed? A. On the morning of 19th Feb.—we saw the cart and took the prisoners on the 6th March—Mr. Hall is a respectable man, living at Stratford, about two miles from Leyton—I saw the roof of the portico at Mr. Nind's house, where the lead had been taken from—I have stated before that Root struggled with me—I did not seize him violently—I seized him by the coat collar—I put my other hand into the cart—the lead was rolled up in the bottom of the cart—it
is what is called "run-lead"—it was dark, and I could not see into the cart—it was a common light cart, open at the top—I believe Root is a plumber and painter.
JOSEPH BENTON (police-constable k 381.) I was in company with Manning—I saw the cart go down the lane and come up—I went and asked Skiggs what he had got in the cart—he said did not know—I found it contained a quantity of lead—Manning was struggling with Root—Skiggs afterwards said he would not bear all the blame, there were other in it as well as himself.
WILLIAM POTTEN (police constable K 273.) I was with the other officers—I took the lead and compared it with the place it was cut from—in my opinion It matches—there are marks on some of the lead which is left, which correspond with this—we have brought some of it here to compare it.
Cross-examined. Q. Was the whole of the lead off the top of the portico when you got there? A. Yes—I do not recollect that I saw any lead on✗ the top—the lead is here that was taken from the prisoners—I received a piece from Mr. Ninds, in the presence of his coachman—the coachman cut it to bring part of it here—there was about 2cwt.—we selected a portion of what remained to bring here—I selected a portion from which it appeared to have been cut.
JOSEPH HALL. On the 6th March, Skiggs came to me and engaged with me to go with him, with my house and cart—I agreed to meet him at half-past eight o'clock, at the Plough and Harrow, at Leytonstone—I met him as near as I could to the time—I drove by his direction into Cat-Hall-lane—we were then joined by Root—we went down the lane and stopped there—the prisoners put the lead into the cart—I could not see the lead, it was very dark, but it laid on the side of the road—the two prisoners picked it up and put it into the cart—when we got back to the Harrow public-house, I went in to get something to drink, leaving the two prisoners in the cart—when I came out I found them in custody.
Cross-examined. Q. You are a respectable man, I suppose? A. I have always been so considered, to the best of my knowledge—I am a tradesman, and live at Stratford—this was at nine o'clock at night—when I saw the prisoners take the lead up I did not know whether it was wrong or right—I often do things at midnight—persons have met with accident, and I have been called—this lead laid by the side of the road—there is room in the lane for persons to walk, but not a regular foot-path—this was on Saturday night—I did help to take up the lead—I sat with my back towards them—I could not see what they took in—I looked at the horse, not at the lead—I follow the green-grocery business—I never saw Root before to my knowledge—I had seen Skiggs, and he hired the cart of me—I never was charged with anything—I do not know what I was to have for this job—I had not agreed for any certain price—I do not recollect that there was a place appointed to take it to.
WILLIAM HUNT. I am coachman to Mr. Benjamin Nind. On the morning of the 19th of February I found near upon 4 cwt. of lead had been stolen from his portico—on the 8th of March a quantity of lead was brought by the policemen—I saw them compare it with the place it came from—I have not any doubt it came from there.
Cross-examined. Q. When had you seen the lead before? A. Perhaps three or four days—the whole of the lead had not been taken—what remained on was taken down afterwards—all I swear to this lead by is, that it matches with the other lead.
JOHN WILSON. I am a plumber. I have seen the lead produced by the policeman, and this that my men took off the portico—I have no doubt it is the same—it is cast lead—I have been a plumber forty years.
Cross-examined. Q. How long has this portico been built? A. Perhaps fifty years—this is not such lead as is now used—mill lead is now used, which was not then invented—this is the part that was left—this other fits it exactly.
SKIGGS— GUILTY.† Aged 30.— Transported for Seven Years.
ROOT— GUILTY.† Aged 33.— Confined One Year.
Before Mr. Common Sergeant.
MESSRS. DAWSON AND DOANE conducted the Prosecution.
WILLIAM GLADWIN (police-constable R 122.) I was on duty Woolwich on the 20th of February—I saw the two prisoners in the marked—I saw Gillett give something to Pearson—she went into Mr. King's shop, and Gillett waited on the opposite side—when Pearson came out I went into Mr. King's—I spoke to her and she gave me half-a-crown—the prisoners joined company again, and they walked up Wellington-street—Gillett then gave Pearson something again, and Pearson crossed the road and went into Mr. Lyle's shop—Gillett stopped at the door—I caught hold of him, and dragged him into Mr. Lyal's shop where Pearson was—there were several soldiers there, and as soon as I caught hold of Gillett the soldiers caught hold of me, as they thought I was assaulting him, as I was in plain clothes—when I took Gillett into the shop I saw him put this black purse behind a basket which was standing on one side—I told the person in the shop to let no one touch that basket till I returned—I then, with the assistance of the soldiers, took the prisoners to the station—when I came back I asked the women in the shop if any one had touched that basket—she said "No"—I looked and found this long black purse there, where I had seen Gillett place it—it contains ten half-crowns, two crowns, and two shillings, all bad, and all placed in different pockets in the purse—this is the half-crown I got from Mr. King.
CAROLINE ARNOLD. I live with Mr. King, who keeps a pastry-cook's shop at Woolwich. On the 20th of February the prisoner Pearson came into the shop—she asked for two penny buns, and threw down the half-crown—I had but 1s 4d in the till—I went into the parlour and laid down the half-a-crown on the table, to Mr. King—she gave me a shilling—I brought it out, and with the 1s 4d that was in the till, I gave Pearson 2s 4d change—she put the buns in her lap, took up the 2s 4d, and went out of the shop—the policeman came in soon after—I had left the half-crown on the table in the room, and lost sight of it.
CAROLINE KING. I keep the pastry-cook's shop. I remember Pearson coming there—Caroline Arnold brought the half-crown into the back-parlour, laid it on the table, and asked me to change it—I gave her a shilling out of
my pocket—the policeman came in afterwards—I gave him the same half-crown which Arnold had given me.
CATHERINE LYAL. I keep a chandler's shop in Woolwich. On the 20th of February the prisoner Pearson came into my shop—she asked for a penny candle—I did not serve her—I happened to be at the door at the time—while she was there the officer brought the prisoner Gillett in—he resisted very much, and the officer begged me to call some one to assist him—my husband called in a soldier who stood at the door, and he helped him to take the prisoners away—this purse was placed behind a basket which stood on a tub at the corner of the counter—I cannot say I saw it placed there, but it was found there by the officer—no one had been there from the time the officer took the prisoners away till he returned—no one had touched the basket all that time—I was in the shop all the time, and was very near the basket—I am certain no one touched it.
MR. JOHN FIELD. I am an inspector of coin to the Royal Mint. This half-crown, passed at Mr. King's, is counterfeit—the ten half-crowns in this purse, which are all placed separate, are all counterfeit, and all cast in the same mould as the other is—these two crown-pieces are also counterfeit, and have been cast in one mould—these two shillings are counterfeit, and have been cast in one mould.
Gillett's Defence. I am innocent; it is either got up by the policeman, or the money was put where it was found by somebody else; when I was taken to the station, I was searched, and nothing found on me but good money; I was then locked up, and not brought before the inspector till Sunday night, and the charge was not entered till Sunday night; when the policeman saw me secrete the purse, why did he not take possession of it; I could offer no resistance, he having handcuffed me previous to that; it night have been put there by some one while I was at the station; I have a wife and two children, and was never in trouble before.
PEARSON— GUILTY. Aged 20.— Confined Three Months.
GILLETT— GUILTY. Aged 21.— Confined One Year.
FRANCES RAYMENT. I am the wife of Frederick Rayment—he is a draper, and lives in High-street, Eltham. The prisoner was in my service for three months—she left me on the 20th of March—the officer afterwards came to my husband's shop and brought these articles—I have examined them—they are mine—I have no doubt about that—the prisoner had no business with any of them.
Prisoner's Defence. I took them out of the rag-bag—I did not think they were of use.
GUILTY. Aged 30.— Confined Four Months.
o'clock at night, the prisoner came to the shop—she priced a piece of mutton outside the shop—there were a great many people inside and outside—she brought it in, and finding there were a good many people, she put it under her shawl, and walked out—I followed her, and said, "Give me that bit of mutton which you have got under your shawl"—she said, "I have got no mutton"—I brought her back, and she dropped it from under her shawl.
Prisoner's Defence. On that Saturday night, after I had paid my rent, I purchased a few articles, and went to purchase a small piece of meat; I took it into my hand, and found it weighed more than I had money to pay for; I put it down and left the shop; Mr. Brown followed me, and asked where the mutton was; I went back to let him see I had nothing—he found it on the floor, and said I must have dropped it.
GUILTY. Aged 40.— Confined One Month.
1055. MARY BEARDMORE was indicted for stealing 1 tub, value 2s 6d, the goods of Joseph Burton; also 1 tub, value 3s; and 1 pail, 1s; the goods of William Binney; and that she had been before convicted of felony; to all which she pleaded
GUILTY. Aged 44.— Confined Six Months.
GUILTY.— Confined Three Months
GUILTY. Aged 15.— Transported for Seven Years.
Before Mr. Recorder.
1058. WILLIAM BRYDGES was indicted for stealing 1 basket, value 6d; 1 pair of trowsers, 16s: and 1lb weight of beef, value 7d; the goods of Ann Purvis—2nd COUNT, stating them to be the goods of John Tinley.
SARAH MARTIN. I am in the service of Mr. Ann Purvis, who lives in Salisbury-place, New-road, Paddington. On the 8th of March I saw my mistress pack up a pair of trowsers with some cooked beef, and direct it to "Mr. Tinley, No. 2, Bridge-street, Greenwich"—I took the parcel to the Parcel-Delivery Office at the corner of York-street—I had seen the prisoner before at Greenwich—I have since seen the trowsers in possession of the pawn—these are them—Mr. Tinley is a relation of my mistress—the articles were packed in a basket and tied with twine.
WILLIAM HENRY PROPERJOHN. I live at No. 11, in the Grove, at somers'-town—I am a driver, in the service of the London Parcels Delivery Company. On the 8th of March a parcel came to my hands for Mr. Tinley, No. 2, Bridge-street, Greenwich—I delivered it—it was packed in a wicker basket.
JOHN TINLEY. I lodge at Mr. Shelly's, No. 2, Bridge-street, Greenwich—I am a shoemaker—the prisoner lodged in the same house—I never received the parcel which contained the trowsers—the prisoner was at home on the evening of the 8th of March—the trowsers were worth 16s
Prisoner. Q. Do you know whether I received that parcel or not? A. No.
Greenwich—I produce a pair of trowsers—which were pawned by the prisoner on the 9th of March, in the name of John Coppey—I made the remark to him, as the trowsers were of large dimension, that they did not fit him—he said they did not, they had been sent by his relations, and had belonged to an uncle of his who died, who was a machinist at Drury-lane Theatre, and he entered into the particulars of the death of his uncle—I have no doubt of his being the person who pawned them.
EDWARD GARDENER (police-constable R 282.) I apprehended the prisoner—I searched him, and found on him five duplicates—he said, "They are not what you want"—I said, 'No, I want the ticket of a pair of trowsers"—I put my hand into his watch-pocket again, and he said, "Now you are coming to what you want"—I pulled out the ticket of the pair of trowsers.
Prisoner. Q. What made you say to the man who gave me to you, "Could there not be another pair of trowsers got to produce against him?" and did not the man say, "You must not go too far with him; he is an old soldier, and has been a policeman?" A. No, there was no such remark made.
Prisoner's Defence. On the trowsers there is no particular mark that any of them can swear to, only the pattern of the stuff; the young woman said at Greenwich, before the Magistrate, that she could not swear to them.
COURT to SARAH MARTIN. Q. Have you the least doubt about the trowsers? A. Not the least—I unfortunately was the last person that folded them up after the gentleman's death—I know them by the pattern and the size—I am quite positive of them—there was a note sent with them, explaining that they belonged to a person who was dead.
GUILTY. Aged 46.— Confined Three Months.
PAGE pleaded GUILTY. Aged 16.
NEEDHAM pleaded GUILTY. Aged 18.
Confined One Month.
MR. BALLANTINE conducted the prosecution.
JOHN GRIFFIN (police-constable R 229.) On the 9th of March, about half-past ten o'clock at night, I was on duty in Hardin's-lane, Woolwich, which adjoins the works of the Gas Company—I was sent there to watch the premises—there is a wicket-gate which leads from the gas-works to Harding's-lane—I heard that gate unfastened from the inside—I saw the prisoner John open the gate—his wife (the female prisoner) immediately came out—she had something bulky about her person—I followed her up the lane, stopped her, and asked what she had—she said, "For heaven's sake, Griffin, take no notice: come into my place, and I will satisfy you; I will give you a sovereign"—I declined her offer, and she said she would give me two—I took her to the station—I found 32lbs. of coals on her.
Cross-examined by MR. PARRY. Q. Is not half-past ten at night the time the men at the gas-works have their tea? A. I do not know, I have heard that the women were in the habit of taking tea or supper to the men—I do duty there—the female prisoner appeared in a state of great anxiety—I took John Dennison at six o'clock the next morning.
MR. BALLANTINE. Q. Did he say anything? A. I told him I wanted him, that his wife was locked up at the station for taking a quantity of coals, and he was charged with aiding and assisting her, and letting her have the coals—he said, "Griffin, don't you say that I opened the wicket-gate."
TIMOTHY CHURCH. I am a coal-merchant, and live at Wolwich—I am managing-director of the Gas Company there—there are fifty or sixty partners—the prisoner John was leading man of one gang—he had no right to send out any coals—as near as I can judge, the coals produced are of the same quality as ours.
Cross-examined. Q. The male prisoner has been five or six years in your employ? A. Yes—I knew perhaps two years before that, seven years altogether—the coals were kept in a warehouse—there were no coals scattered about the yard—there is a certain quantity brought out of the warehouse for the use of the retort-house—the men have never been allowed to take small pieces of coal—I have never given them any—there are no "leavings."
JOHN DENNISON— GUILTY. Aged 47.—Recommended to mercy by the Jury. — Confined One Month.
MARGARET DENNISON— NOT GUILTY.
1061. WILLIAM LAWSON was indicted for stealing, on the 28th March, at St. Paul, Deptford, in the dwelling-house of James Wilson Halsey, 1 cash-box, value 5s; 30 sovereigns, 20 half-sovereigns, 32 half-crowns, 240 shillings, 148 sixpences, and 18 groats; the monies of James Wilson Halsey, his master; to which he pleaded
GUILTY.— Confined Twelve Months.
GUILTY. Aged 15.—Strongly recommended to mercy. — Confined Six Months.
(The prisoner received a good character.)
Before Mr. Common Sergeant.
Before Mr. Recorder.
1064. HENRY SMITH was indicted for stealing 1 Shirt, Value 2s 6d; 1 sheet, 2s; and 1 napkin, 6d; the goods of Thomas Rivett, from the person of Mary Ann Rivett; and that he had been before convicted of felony; to which he pleaded.
GUILTY. Aged 18.— Transported for Seven Years.
Before Mr. Common Sergeant.
GUILTY. Aged 50.— Confined Six Months.
MR. CLARKE conducted the Prosecution.
WILLIAM JOHN RALF. I am an apprentice to Mr. Rathbone, a surgeon in the Kent-road. On the 10th of March I saw the prisoner at my master's shop—he came for some soda, which came to 4d—he gave me a half-crown—I tried it between my teeth, and found it was bad—I took it to Mr. Rathbone—he marked it in my presence—I went for a policeman, and the prisoner was given into custody—Mr. Rathbone gave the half-crown to the policeman who searched the prisoner in my master's shop—the prisoner had been drinking, but knew what he was about.
ROBERT SWADLE (police-constable M 165.) I was called to Mr. Rathbone's on the 10th of March—the prisoner was given into my custody—Mr. Rathbone gave me this hall-crown, which I produce—here is a mark on it—I found on the prisoner another bad half-crown and shilling—he had two waistcoats on—the shilling was in his inside waistcoat pocked—the half-crown was in his coat pocked, amongst 10 1/2d in copper.
Prisoner's Defence. I knew I had the bad shilling, but was not aware that I had the other two bad pieces; I had nothing bad when I left home in the morning, but I had drank rather more than I was used to.
GUILTY. Aged 30.— Confined Six Months.
JOHN STOKES RAWLINGS. I am a draper, and live in Lark Hall-lane, Clapham. I had some Orleans cloth—I saw it safe at the lobby of the door at eight o'clock in the morning, on the 30th of March—I did not miss it till the policeman came, about eight o'clock in the evening—this is the cloth I lost.
BRIDGET SULLIVAN. On Tuesday evening, the 30th of March, the prisoner came to my master's door, and had some beer to drink—I went in, she followed me, and asked to go backwards, and she showed me these dresses—she wanted me to buy them—I bought them—the officer afterwards came, and I gave them up—the prisoner was tipsy when she came—it was about eight o'clock in the evening.
Prisoner's Defence. I was very tipsy; I went along the road, and met a person with a basket; I asked the way to Wandsworth-road; she said she would show me; she took me into a public-house, and asked me to buy these things; I had these of her; I asked Sullivan to buy them; I came out, and the woman was gone.
GUILTY. Aged 21.— Confined Three Months.?
1069. MARY ANN SLANEY and JOHN M'LEAN were indicted for stealing 1 watch, value 20l; 2 watch-chains, 10l; and 1 seal, 1l; the goods of Thomas Hugh Parnell, from his person; and that Slaney had been before convicted of felony; to which
SLANEY pleaded GUILTY. Aged 29.— Confined One Year.
THOMAS HUGH PARNELL. I live in Nelson-square, Blackfriars-road. On the 30th of March, about seven o'clock in the morning, I was at a public-house at the corner of Cornwall-road—the two prisoners were there, and I treated them—I left the house—the prisoners followed me, and Slaney attempted to get up a fight in the street with another woman, who went away—this caused a confusion, and I asked a policeman to make way for me to pass—he made answer, and said, "I think you had better get home as fast as you can"—I accordingly got away as well as I could, and went into Mr. Fry's, another public-house, and by the time I got in, Slaney and another female had also got in—the policeman was also in, and he attempted to shut the door against a mob of people, one of whom was M' Lean, who was so determined to make an entrance into the house that the policeman could not keep the door closed—I went forwards to assist him to do so, but M' Lean effected an entrance—I laid my hand on his collar, and asked him what was the reason he followed me so pertinaciously into the house—we had a sort of scuffle, and went into a side-parlour—Slaney followed, and while I had my hand on M' Lean's shoulder I lost my watch, but I was not aware I had lost it till I heard a female witness, who is here, exclaim, "The gentleman has lost his watch"—the policeman immediately afterwards asked me if I had lost anything—I said, "Yes, my watch"—he said, "Is this it, sir?"—I said, "Yes, it is"—I do not know who it was took it—I know it was taken the moment after I got into Mr. Fry's house—M' Lean was before me, and Slaney at my back.
Cross-examined by MR. BALLANTINE. Q. What are you? A. Nothing—this robbery took place about nine o'clock in the morning—I was at the first public-house about seven o'clock—I had been up the whole night—I had been at the London Tavern, and left there about two o'clock in the morning—I had been at a private house afterwards—I had not been into any public-houses drinking—I do not consider I was drunk at all—I consider I was quite sensible enough to know what I was about—I cannot say how long I had been at the public-house I was at; perhaps half an hour—I saw several persons there about—I was very near my own home, but I felt thirsty, and wanted a glass of stout—I took it alone—I did not get into any quarrel there—I did not perceive any persons follow me out, but I found it was so—they got up a sham fight in the street—they appeared to get up the fight amongst themselves—I do not know whether it was sham or earnest—that was about nine o'clock—I then went into another public-house, to get away from those people—I went to Mr. Fry's because I knew him—it would have been further to have gone home—the policeman advised me to go home—I did not go because I did not choose to be followed by the mob—I laid my hand on M'Lean's collar when he entered the house—he was pushing against me at the time—he was pushing in with a great number of others—one policeman was inside the house with me.
HARBIET STEVENS. I live in New-street, Webber-street. About quarter-past nine, or half-past nine, that morning the prosecutor came into Mr. Fry's, the Cobourg Arms—he came into the bar-parlour, and asked to be allowed to sit there to get away from Slaney, who was following him—during that time the policeman came in and tried to prevent the mob from coming in—M' Lean
endeavoured to force himself in, and he got one arm and one leg in—he forced himself in with a number of other persons, and the prosecutor went into the little parlour; M'Lean followed him in, and Slaney directly made a grasp at the prosecutor's breast and took his watch—M'Lean was behind him—just as Slaney took his watch M'Lean put his hand on his shoulder, and went back on the chair—I had seen the prosecutor before, and I said "Don't take his pin"—I said to him, "Where is your pin?" and he said "Where is my watch?"—I said, "Slaney took it, and the officer has got it"—I thought M'Lean put his hand to take his pin—he pulled him back, and the chair took him and prevented his falling—the prosecutor said a few minutes afterward that he had not lost his pin—the policeman took the remainder of the guard form the prosecutor's neck.
Cross-examined. Q. Are you a friend of the prosecutor? A. No, I am a charwoman, and go out to work—I had occasionally seen the prosecutor come in—I saw these people endeavouring to force their way into the house—the prosecutor appeared quite sober—I did not see him collar M'Lean—I saw the people forcing their way in, and saw everything that took place—after that I turned round—I did not see the prosecutor touch M 'Lean at all—I did not see him collar him—when M 'Lean was forcing his way in, the prosecutor did not collar him—I heard him ask him what he wished for.
JOSEPH ROWLES (police-sergeant L 17.) About half-past nine that morning I saw the prosecutor amongst a number of persons—the prisoners were there—they followed him from the Pear Tree in the New-cut, and Slaney struck another female—I persuaded the prosecutor to go home, seeing he had a gold chain—he said he would go to Mr. Fry's, as he knew him—when I got to Mr. Fry's Slaney got in—I endeavoured to keep M 'Lean out, and the prosecutor came to my assistance—M'Lean got in, and they went into the parlour together—I put the chain on the door, and went into the parlour—I took this watch from Slaney's hand—the prosecutor was in a leaning position—Slaney was behind him and M'Lean before him—I had the doors closed, sent for more assistance, and took the prisoners.
Cross-examined. Q. Was the prosecutor drunk? A. He might have been drinking, but was quite conscious of what he was doing—he did not show the least appearance of being drunk.
COURT. Q. Were you in the room when the watch was taken by Slaney? A. Yes I was, I took it out of her hand—I had my uniform on, she knew I was an officer—I was not in the same room at the time she took it—I was then fastening the door—I was in the room momentarily afterwards—she saw and knew I was there—she was drunk.
JURY. Q. Where was McLean? A. He got his leg and arm in at the door, and got in—he was in the room at the time the watch as taken.
COURT. Q. What were they following the prosecutor for? A. I do not know.
Slaney. He was treating us all, that made us follow him.
M'LEAN— NOT GUILTY.
1070. WILLIAM BROWN was indicted for feloniously breaking and entering the dwelling-house of Martin Boddy, and stealing 8lbs. weight of lead, value 2s, and 1 metal tap, 6d, his property; to which he pleaded
GUILTY. Aged 18.— Confined Six Months.
MARY ANN SHARP. I am now servant to Mr. Miller, of Albion-road. On the 21st of September the prisoner came to me and brought these two roasting jacks—she said she had met my mistresses, and the two ladies had sent her with these jacks, and I was to give her 9s for them—I gave her two half-crowns and four shillings—my mistresses names were Ann Elizabeth Prowett and Susannah Prowett, of No. 9, Upper Portland-place, Wandsworth-road, to whom I was then servant—I believed the prisoner's story, and gave her the 9s
Cross-examined by MR. HORRY. Q.She said your mistresses had sent her? A. Yes, and I believed it.
ANN ELIZABETH PROWETT. Sharp was in my service on 21st September—I did not see the prisoner that day—I did not send her to my servant with these jacks, for her to receive them, and to pay 9s for them.
GUILTY. Aged 26.— Confined Nine Months.
(There were ten other charges against the prisoner before the Magistrate.)
WILLIAM HEARN. I am a carman, and live at Stangate; the prisoners were in my employ. On the 5th of March I sent them with carts to Lambeth—they were to take three loads of sand each—I had some other business at Scotland-yard wharf—the prisoners ought to have arrived about six o'clock in the evening with their loads, and they came at past nine o'clock—I went to Scotland-yard, and found they had taken some sand from there—they had no business to take any from there—one of the horses, which was a vary valuable one, was ill from over-work.
Cross-examined by MR. PAYNE. Q.When they came home early, did you not frequently send them to do a fresh job? A.Never, Sir—they ought to have come home at half-past five, or six—they did not come home till twenty minutes past nine—they said they had an additional load of brickes to carry, but it did not take them ten minutes—they had not twenty yards to draw them—they had not to load them; they were loaded they had only to draw and shoot them.
JOHN GOATLEY. I am a lighterman, and live in Milbank-street. On Friday, the 5th of March, I came with a barge of sand to Scotland-yard wharf—I was in the cabin about half-past six o'clock in the afternoon, and Mark Grover cameon board—I asked him what barge he wanted—he said the one that Mr. Hearn was driving—I said, "This is it"—I went forward, and saw the wash-board up—Jones shoved it up and moved the fly-wheel—Grover then went down and chucked the sand from the hold, and Jones chucked it from the barge into the cart—I said I supposed they wanted to get the barge out that night—they said, no—I saw one cart loaded and drawn away, and the other cart ser in, and the sand thrown into it—it was the sand of James Hayward and others.
Cross-examined. Q.Had there been other men taking sand that day? A. Yes, twenty—the prisoners came at half-past six or twenty minutes to seven o'clock—I had never seen them before—I can swear to them—one had a smock frock and a cap, and the other a hat, but I saw their faces—there was a white horse in the shafts and a black horse forwards—it was dark—the horse in the shafts looked white to me.
Q. You had men with carts fetching away sand in the earlier part of the day? A. Yes, other men from Scotland-yard, but the prisoners were working for Mr. Burton, past Scotland-yard.
MR. PAYNE called
ELIZA CARPENTER . I am the wife of George Constable; we live in Cambridge-place, Paddington; we keep an eating-house and coffee-house. I saw the prisoners there that evening—they sat some time drinking their coffee—I am sure it was twenty minutes past six while they were drinking their coffee—I do not know Scotland-yard—I know Charing-cross—I should think that is three miles from our place—I am no relation of the prisoners—I never saw them before that evening—my husband was not at home—I waited on them myself.
(The prisoners received good characters.)
GROVER— GUILTY. Aged 35.— Confined Six Months.
JONES GUILTY. Aged 25.— Confined Three Months.
TIMOTHY AHERN . I am the prisoner's brother—I saw him married to Ann Fitzpatrick twenty-three years ago—they lived together as man and wife, and then he went and lived with Joyce, and Joyce afterward told me she was married to him—I said, "You have done a bad job for yourself"—I spoke to the prisoner about it, and he denied it—Ann Fitzpatrick lived in the same street as I did, but was always at variance with my friends—she died about seven years ago.
Cross-examined by MR. PAYNE. Q. Your brother and Ann Fitzpatrick lived together for two or three years? A. Yes, and then they separated about a soldier—my brother lived at my house four years; he then went to live with Joyce, and Joyce told me afterwards that he had married her—I said, "I wish you had never told me of it; you have done a bad job"—she knew Ann Fitzpatrick as well as I did.
CATHERINE RAGAN . I live in White Hart-court, Tottenham-court-road. I was married to the prisoner nineteen years ago—I was a widow then—my name was Ragan—Joyce was my maiden name—I was married in that name—I lived with the prisoner eight years, off and on—I could not live with him all the time, he behaved so brutish to me—we were married at St. Martin's in the Fields—he has been taken up for starving me—on my oath, I did not know he was married when I married him—I was living in a respectable place, and I left it to marry him.
Cross-examined. Q. But you knew his wife? A. I have seen the woman, but I did not know 2 she was his wife—I can take my oath I did not see her more than three times—he told me he was only living with her, and that he opened her box and found a letter, and took it to the public-house to have it read for him—his brother told me I had done a pretty job for myself, but that was after I was married. Q. Did not the prisoner's sister Honora tell you that he had been married to another woman? and did not you tell her you, would have him notwithstanding? A. No—he did not refuse to marry me after the banns had been published—I never put the banns up at all.
Church, on the 12th of October, 1823—I have compared it with the book, this is a true copy—I have another certificate of a marriage between David Ahern and Catherine Joyce, at the parish church of St. Martin-in-the-fields, on the 5th Jan. 1828—I have compared that also, and it is correct—I have another certificate from Battersea-church, of a marriage between David Ahern and Sophia Craddock.
GUILTY. Aged 61.— Confined Nine Months.
MR. PARNELL conducted the Prosecution.
FRANCIS SMITH . I am a chemist, and carry on business in the Blackfrears-road. On the 17th of March I sold the prisoner a pennyworth of pills, he gave me a bad shilling—I found the shilling was bad as he was leaving the shop—I went to the door but could not find him—I wrapped the shilling in a piece of paper, and ultimately gave it to the policeman—I saw the prisoner again on the 27th of March—he came into the shop for a seidlitz-powder, and offered me a bad six pence—I went round the counter, told him it was a bad one, said I should detain him, and that he had given me a bad shilling before—he wanted to get away—I told him I should not allow him to do so—he then offered to compromise it—he offered me a half-crown to take the shilling and the sixpence—I did not consent to that arrangement—the constable came—I gave him the bad money, and gave the prisoner into custody.
Cross-examined by MR. PAYNE Q. It was night when the shilling was passed? A. It was, and the person who passed it was only there a very short time—he went out quickly—the prisoner said he was not aware it was a bad sixpence, that he did not pass the bad shilling, but rather than have any bother, he would pay for the loss, and I might take it out of the half-crown—I was not at all acquainted with the prisoner—I believe he passed a bad shilling once before.
Cross-examined. Q. You found two good half-crowns on the prisoner, and no bad money? A. No; nor any small money.
GUILTY. Aged 29.— Confined Six Months.
Before Mr. Common Sergeant.
1075. FREDERICK DIBDIN was indicted for stealing 1 work-box, value 8s; 2 ear-rings, 10s; 3 brooches, 1l; 1 smelling-bottle, 2s; 2 halfsovereigns, 4 half-crowns, and 10s, the property of Harriet Prior; and that he had been before convicted of felony.
HARRIET PRIOR . I am single—I am servant to Mr. William Bath—he is president of the Money-order office, in the General Post-office—the prisoner was errand boy in his service. On the 19th March, at half-past seven o'clock in the evening, I came down stairs, and missed my box off the table—it contained two half-sovereigns, a pair of ear-rings, and the other named—the prisoner was then gone, and he never returned—I have not seen the box since—he went away without notice and without his wages.
CATHERINE WEBSTER . I am the wife of Robert Webster—we live at No, 4, Cottage-place, Jolly Gardener's-yard, Lambeth—the prisoner's mother lodges at that house—the prisoner did not come home on the night the box was missed, he generally has come home since he has been in Mr. Bath's service—he came home at half-past seven o'clock the next morning—on the Sunday following I told him that the cook had been to our house for the papers, and would he give them to her—he said he would—I said, "Will you?"—he said be would, four times, I said, "How will you sent them?"—he said, "In a letter to-mor-row"—I saw him on the Monday, and asked him if the papers were gone—he said, "Yes."
Prisoner When I left to go home, the prosecutrix's sister lighted me outside the gate, and saw I had nothing with me.
THOMAS BENT (police-constable V 95.) I produce a certificate of the prisoner's former conviction at this court—(read—Convicted 18th August, 1845, and confined one year)—the prisoner is the person—he had several times been in custody before that.
GUILTY. Aged 19.— Transported for Seven Years.
1076. GEORGE CARTER was indicted for stealing 3 planes, value 6s; and 1 chisel, 2s, the goods of Joseph Cowx; 1 plane, 2s; and 1 chisel, 2s, the goods of William Maunder; and 1 saw, 3s 6d, the goods of Joseph Maunder Pomeroy.
JOSEPH COWX . I live in Missionary-place, and am a carpenter. On the 27th March I was at work in a building in Asylum-road, Peckham—I left my basket full of tools there at night—it contained planes, chisels, and other things—these planes and this chisel, now produced, are mine—I bought this one on the night of the 27th March.
JOSEPH THORPE, (police-constable P 35.) I produce these tools—I found them in the back parlour of the building—they were not carried away—I went to the building—found it broken open—I took the prisoner into custody for being in the empty building—he was in company with Morris, who had found him in the building.
THOMAS MORRIS . I live with my father, who is a builder. On Sunday afternoon, the 28th March, I went to this building about four o'clock—I found the boards removed from the doorway, which had been put up on Saturday night—all the tools were lying about, and the prisoner was in the building—I asked him what brought him there—he said he been sent by a plumber's labourer to look after the premises—I said there were no plumbers at work, nor had there been any—I gave him into custody.
Prisoner. There is no proof that I broke the place, or moved the goods at all.
GUILTY. Aged 22.— Confined Four Months.
HERRING pleaded GUILTY.— Confined Four Months.
WALKER pleaded GUILTY.—Recommended to mercy by the Prosecutor. Confined Fourteen Days.
1078. JOHN UPTON was indicted for stealing 1 pair of shoes, value 2s; 1 brush, 1s 6d the goods of Ellen Martin; 1lb. of cotton, 1s; and 160 yards of tape, 1s 6d; the goods of Sarah White; to which he pleaded
GUILTY .*— Transported for Seven Years.
ADJOURNED TO MONDAY, THE 10TH OF MAY, 1847.
The following prisoners, upon whom the judgment of the Court was, at the time of trial, respited, have been sentenced as under: