CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand by
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELOVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURRY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 10th May, 1847, and following Days.
Before the Right Hon. SIR GEORGE CARROLL , Knt., LORD MAYOR of the City of London; the Right Hon. Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Thompson, Esq.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; and John Johnson, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Musgrove, Esq.; William Hunter, Esq.; William Hughes Hughes, Esq.; Thomas Sidney, Esq.; and Francis Graham Moon, Esq.; Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Goal Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARROLL, MAYOR. SEVENTH SESSION.
A star (*) denotes that prisoner 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 MIDDILESEX CASES.
OLD COURT.—Monday, May 10th, 1847.
PRESENT—Right Hon. The LORD MAYOR; Sir C. MARSHALS Knt.✗ Mr. RECORDER Mr. Alderman MESEROVE; Mr. Alderman ✗Hoens.; and Mr. Alderman MOON.
First Jury, before Mr. Common Sergeant.
MR. CLARKSON conducted the Presecution.
GEORGE WICKER . I am in partnership with James Philip and live at 67, St. James's-street—we are surgical-instrument makers—I know the prisoner Graves. On the 9th of Feb. he came in a cab to our shop, and offered me the check produced—he said he called to pay for the catheter supplied✗ to him by our young man, and he would give this check if I would give him the difference; which I did—it was 9l. 18s., the amount of his bill being 2l. 7s.—I gave him a five-pound note, four sovereigns, a half-sovereign two half-crows, and three shillings—I endorsed the check, and paid it into our banker's—it came back dishonoured.
Cross-examined by MR. BALLANTINE. Q. Did you know Graves' parents? A. I know his brothers, and know his friends to be highly respectable—I had know him six or seven years as a pupil at St. George's Hospital—I never saw Green in my life—Graves told me he check was given him by a friend, and the articles purchased were for a medical friend of his at Portsmouth—he did not say anything about any knowledge of his own as to what money his friend had at the baker's—I should have given him credit without the check, because I had done so before.
MR. CLARKSON. Q. Would you have given him 9l. 18s. on that check if you had know it was drawn by a person who had nothing at the banker's?
A. Certainly not, but I am in the habit of taking so many checks of medical gentlemen and giving the difference that I did not suspect it.
NUTTER GRAY . I am cashier at Barnet, Hoare, and Co's.—this check came to our house through the clearing-house—James Green has no account at our house—he had, but it ceased in 1842—the balance on his account was on our side—he owes the house money.
Cross-examined by MR. BALLANTINE. Q. You allowed him to overdraw? A. Yes, I believe upwards of 20l.—our customers generally have printed checks.
Cross-examined by MR. CHARNOCK. Q. What was the amount of the account overdrawn? A. (Referring to the ledger) 25l.—it is very unusual for customers to overdraw an account—I have no idea how it happened—I produce a bill of exchange belonging to Green—I got it from Messrs. Hoare—they have had it six years—it is waste-paper—it is entered in our book to Green's credit, and also on the debit side—it is entered short.
MR. CLARKSON. Q. You write the bill in short, but do not carry out the amount till is paid? A. Exactly so—we make a bill received, and debit for it on the opposite side, if not paid.
MR. CHARNOCK. Q. Why not return it? A. We did not know where to find Green.
CAROLINE WORMLEY . I live in Welbeck-street—the prisoner Green came to lodge at my house at the latter end of Dec. last, and was living there early in Feb. this year—Graves visited him every day that he was there, and stayed there about four or five hours—he generally came soon after Mr. Green arrived, and they went away together to dinner—I know Green's writing perfectly well—this check is his writing—I do not know Graves' writing.
Cross-examined by MR. CHARNOCK. Q. Have you ever seen Green write? A. Frequently—when I have asked him for money, I have stood by his side and seen him write—I have seen him writing in his diary, which I have got in my possession, and have seen him writing letters—he was locked out of my house, and brought an action against my husband for trespass—I never said I would be revenged on him.
MR. CLARKSON. Q. Had you any quarrel with him? A. No.
JOSEPH THOMPSON (police-constable F 62.) I produce a pawnbroker's duplicate, which I found at 11, Howland-street, where I apprehended Graves—it is for three catheters, pledged on the 6th of Feb., at Fleming's, the pawnbroker's—I went to Howland-street on the 4th of March, and asked to see Mr. Graves—he came into the passage—I told him I was an officer, and he must consider himself in my custody—he then went into the parlour, and commenced dressing—I told him I had a warrant against him for defrauding a Mr. Thomas (not this charge)—he said, "Very well"—Green was in the room, and asked for my authority—I repeated to him what I have stated, and then commenced searching the room—Green said I should not do so, I had no authority to do so—I asked who I might have the pleasure of speaking to—he said, "I am a friend of his"—I continued searching the room—he then said I should not do so—he said, "In fact I am his professional friend"—I said, "If you are a professional gentleman, you know I am doing right; will you oblige me with your name?"—he said, "Yes, my name is Williamson"—I said I bad not the pleasure of knowing him—he said he was a barrister—I searched the room, and the next room, and found twenty-five duplicates, and among them one for the three catheters, pawned on the 6th of Feb.—on the 14th of April I apprehended Green, walking arm-in-arm with another person
in Newport-street—I went up to him, put my hand on his breast, and said, "I wish you would settle with me, and pay me what you owe me"—he then had mustachios and whiskers on—he said, "Who are you?"—I said, "I beg your pardon, I thought you had been Mr. Hale"—I left him, and went away—I then looked at him behind, and thought from his general features he was the man—I ran after him, laid hold of the side of his whisker, and it came up—he then said, "You are mistaken, my name is not Hale"—I said, "No, I know that, it is Green"—I took him to the station, and charged him, with Graves, with obtaining money from several person by means of false checks—he said, "Let me look?"—I showed him the checks—I had this one among then—he said, "I wrote all these signed John Green,' but 'Hamilton' I know nothing about."
Cross-examined by MR. CHARNOCK. Q. How came you to have these checks? A. They were given me by different trades✗people—he went away, and might have escaped, if disposed—he wished to know what he was charged with, and I showed him the checks, and told him—he was perhaps the distance of this court from me.
GRAVES.— GUILTY .
GREEN.— GUILTY .
GRAVES pleaded GUILTY. Aged 28.—Recommended to mercy by the Jury Confined Eighteen Months.
GREEN pleaded GUILTY . Aged 30.— Confined Two Years.
TOWER pleaded, GUILTY . Aged 14.— Confined Three Months.
PHILLIPS— NOT GUILTY .
GUILTY . Aged 20.— Confined Two Months.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 28.— Confined Three Months.
GUILTY. Aged 39.—Recommended to mercy.— Confined four Days.
1086. JANE WHEATLEY was indicted for stealing 1 cup, value 2s.; 9 yards of lace, 3s.; 1 book, 1s.; 1 pair of earrings, 6d.; and 1 pair of drawers, 2s. 6d.; the goods of Robert Swan James, her master; to which she pleaded✗
GUILTY . Aged 18.— Confined Four Months.
GUILTY .— Confined Four Months.
JACOB MARKS . I am a tailor, and live in Devonshire-street. On the 27th of April, about nine o'clock in the evening, I was going through Duke-street with a friend, who went into a cheesemonger's shop to buy some cheese—I waited outside—the prisoner pushed by me—I put my hand into my pocket, and missed my handkerchief—the prisoner ran round a corner—I ran after him, and he threw the handkerchief at me—I picked it up, and caught him—this is the handkerchief he threw down—it is mine—two or three people collared me, and the prisoner wanted to fight me.
Prisoner's Defence. The prosecutor ran after me, and said I took his handkerchief; I did not take it; there was a lot more chaps there.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 13.— Confined Ten Days and Whipped.
GUILTY . Aged 22.— Confined Nine Months.
BRADY pleaded GUILTY . Aged 16.— Confined Six Months.
MARIA PERRY . I live with my brother, Samuel Robert Perry. On the 8th of April, between three and four o'clock, the prisoners came to the shop for a halfpenny—worth of plums—directly they were gone I missed a weight which I had seen safe five minutes before—I ran out, calling, "Stop, thief!"—I saw them both running away together—they were brought back by a policeman—these are the weights—they are my brother's—I picked up one of them, which was dropped in the road.
Strowers's Defence. Brady said, "I have a penny, I shall go and have some plums;" when he came out, he said, "I have got two weights;" I heard the lady halloo out, and he ran away; I never dropped the weights, nor had them.
STROWERS— GUILTY . Aged 15.— Confined Three Months.
NEW COURT, Monday, May 10 th, 1847.
PRESENT—Mr. Alderman WOOD and EDWARD BULLOCK, Esq.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 40.— Transported for Seven Years.
GUILTY . Aged 51.— Confined Six Months.
MESSRS. BALLANTINE and COOPER conducted the Prosecution.
WILLIAM THOMAS RENNIE . I am in the employ of Mr. Adolphus Leopold Fill and his two sons, ironmongers, of Broad-street, Bloomsbury—I have known the prisoner above three years—he has been a customer at my master's shop—on Tuesday evening, the 6th of April, I saw him in our yard about half-past seven o'clock—Mr. Barrett came and told me to go and watch him, which I did—he looked out three bars of iron and one bundle of road—he went into the shop, and the bars and rods remained in the yard—the shop is the place where he would have to pay for them—he had a man with him, and he was employed in tying up the bars while the prisoner went into the shop—I saw the prisoner come back, and when he came out, he took down a rod of iron and laid it on the scale with the other three bars of iron—there was no one at the scale then but the prisoner's man—Bugler had weighed the other iron, and it was tied up by the prisoner's man—Bugler had then gone to serve another customer—when the prisoner took down the rod of iron and placed it on the scale, he helped his man with the iron on his shoulder, and the prisoner immediately followed him with a bundle of road—I came down and asked Bugler what the prisoner had had, and I told what I had seen.
Cross-examined by MR. PARNELL. Q. Where were you all this time? A. Pretty well over his head in the warehouse—I could see all over the yard—I was about sixteen feet above the yard—the prisoner is a smith, and deals with my masters—I did not go after the prisoner—he came back the same evening with Bugler—I cannot tell what became of the iron—I only saw it go—I did not see him pay money in the shop—I do not know that he paid any—this is the bill of the iron, the receipt on it is written by Mr. Moore—when the prisoner came back he wanted to know what I saw him do—I said I saw him take a rod away—he said, "I am guilty of the other, but not of this"—that alluded to a transaction of the 4th of March; with respect to which no proceeding took place—Mr. Fill came forward, and the prisoner was taken to the station—I went before the Magistrate next morning, but I was too late—I found the Magistrate had dismissed him—next
morning a man came and stood outside the shop-door while I was putting out some goods—he said "Who is the young man that gave Lawrence in charge?"—that is all I know about it—it was not a solicitor, it was some hard-working man—I do not know whether he came from a solicitor—it was after that person came, that I came down to his court, last session, and went before the Grand Jury.
COURT. Q. You saw the prisoner in the yard from the loft? A. Yes; he had three bars and one bundle of rods of iron—he then went in the shop, leaving his man in the yard—he then came out and took a single rod and laid it on the scale with the three bars—he then helped his man up with it, and followed him with a bundle of rods.
JAMES BUGLER . I am in the prosecutors' employ. I know the prisoner—on the 6th April he came in the evening to my masters' shop—he looked out three bars of iron—I then looked him out a bundle of round rods—I weighted the bars—the bundle of rods did not went weighing—I then took the board into the shop with the weight of the bars chalked—I put it on the counter—I left it there—I do not know who took it—the prisoner accompanied me into the shop, and I left him there—I was told to go after the prisoner, and I went after him—that might be about six or seven minutes after he left—I did not overtake him—I went straight to his place—it might be about twelve minutes after he left the shop when I got his place—when I got to the end pf the turning, I heard the prisoner throw the bundle off his shoulder—I heard the bundle fall down—when I got up to his place one end of three bars was down the cellar, and the other end up, and the bundle likewise—there was no light—the prisoner told his man to get one, and went in his shop—I overhauled the bars—there was no rod there—I saw a piece of a rod in the shop—it was a whole rod I was sent for.
Cross-examined. Q. The three bars were tied together? A. Yes, at each end—the rods were fastened in the usual way—I found a piece of a rod lying on the floor his shop—I never knew a blacksmith's shop in which I could not find a piece of iron on the floor—I told the prisoner he had better come back with me, and he said, "Very well"—he called his man, and they bath came back with me—I did not see the iron on the prisoner's man Sims' shoulders—I did not see it was in the scale, till I saw it in the prisoner's shop—I went before the Magistrate next morning, and was too late—I heard at night that an action was going to be brought—I was afterwards told to came here, and go before the Grand Jury—I have been fourteen or fifteen years with my employer, and I have known the prisoner all that time.
JOSEPH CHARLES MOORE . I am the prosecutors' shopman. It is my duty to enter sales—I have the book in which I entered this iron—this is the receipt I gave for the money—it is for three bars of English and a bundle of No. 3 cane—the prisoner paid for that, but for no more—I heard of a rod of iron being taken—the value of it would depend entirely on the weight.
JOHN BARRETT . I am in the prosecutors' employ. On Tuesday evening, the 6th of April, I gave directions to Rannie with reference to the prisoner—I saw the prisoner brought back to the premises—he was charged with taking a rod of iron—he said he did not take it—he told me he had never been accused of anything before till the hammer, which he acknowledged he did take—he did not say he had paid for this rod of iron—he said he did not take it.
JAMES HINTON (police-constable S 52.) About half-past twelve o'clock, on the night of the 5th April, I saw the prisoner come out of his Britannia public-house, in High-street, Camden-town—he appeared to have something concealed in his jacket pocket—I followed In fifty or sixty yards—I then felt his pocket, and asked what he had got—he said, a bottle of gin—he pulled it out, and showed it me—I found another bottle of gin, and a bottle of rum, as they appeared to be, on him—I did not taste then—I asked where he got them from—he said, from the Britannia public-house, she he had bought them—I asked whom he bought them from, if it was from Mr. Cottrell—he said, "No.; from the man"—I took him back to the Britannia—when we got to the door, he told me ha had not bought them himself, but two other men had bought them, and given them to him as he came out of the door—I saw Mr. Cottrell, and he gave the prisoner in charge.
Cross-examined by MR. COPPER. Q. You say they were concealed; they were in his pocket, were they not? A. they were between the lining and the body of the jacket he has on now.
LEVY COTTRELL . I keep the Britannia public-house, at Camden-town✗ The prisoner was brought back by the policeman—I looked into my window, and missed eight bottles—they were show bottles—the contents were of o✗ value—they were marked—they had been placed in the window, and labelled✗—the prisoner said, if I would not press the charge, he would leave me his watch, and pay for the whole of them—these are the bottles—I believes them to be mine.
Cross-examined. Q. They are very common things? A. They are what✗ are called "dummies"—I have no recollection of having seen the prisoner before—there were great many people in the yap-room—I have two windows—these bottles were in the window on the other side of counter—a rum and brandy cask stands before them—these bottles stood between he show-board and the glass—a person would not have to stretch his arm a great way to get them if he stood on the cask—other people could see it if they had looked—I missed eight bottles—they were all of this description—I had seen them that morning, and not afterwards—I did not offer to make it up—the prisoner offered me his watch—I thought he was sober.
WILLIAM RAMSLAY (police-sergeant S 61.) I produce a certificate of the prisoner's former conviction—(read—Convicted 20th Jan., 1846, and confined three months)—I was present—the prisoner is the person—I have known his four years.
GUILTY . Aged. 22.— Confined Six Months.
1096. GEORGE POTTER was indicted for feloniously uttering a forged request for the delivery of 224lbs. weight of rod-iron, and 40lbs. weight of bar-iron, with intent to defraud Richard Farmer and another.
HENRY LYNN . I am in the service of Mr. Richard Farmer and John Gorbell, ironmongers, Clerkenwell. On Saturday, the 3rd of April, the prisoner came to the yard about half-past nine o'clock in the morning—he delivered me this order—he said he wanted 2 cwt. of iron and four bars—he asked me if I knew him—I said I thought I did—he had a truck, and there was a person with him—I delivered him the goods, and helped him to put them on the truck—the prisoner then went into the shop with me to get
an invoice—I booked the goods—I did not see the invoice delivered to the prisoner—he stopped for it, and afterwards went away with the truck and the goods.
Cross-examined by MR. PAYNE. Q. How do you know this is the paper he brought? A. He gave it me—I know it by the writing—I wrote my name on the back of it—I delivered it to the clerk—he is not here—I did not swear that I saw the clerk give him the invoice before he left—this is my name to this deposition—it was read over to me—(read—" I saw the clerk deliver to the prisoner an invoice of the goods, and then the prisoner went away.") I did not see him deliver it—I did not swear that I did—I heard the prisoner say before the Magistrate, that he was not the person who was there—I heard the policeman say that the prisoner had said so to him—the clerk is not here—I have not sworn to-day, and altered my evidence in order to make it not necessary that the clerk should be here—there is not a person in Mr. Dudley's employ who is very mush like the prisoner—I do not know that there is a person named Joseph—I heard of this on the Saturday—Mr. Dudley came to me, and asked if I had served anybody with some iron—I said, "Yes"—it was our clerk asked me, in Mr. Dudley's presence—Mr. Dudley knew it, because he sent in some work, and this iron was set off against it—I heard something about an account in which 3l. 9s. was paid by mistake—when the prisoner came for this iron, there was no one in the yard but me—I suppose our clerk gave him the invoice—I did not see him—there are seven or eight persons at our place—no one is called to identify the prisoner but me—the other were at breakfast—I saw the prisoner again on the Sunday afternoon, at the station—I had seen him come to our place before—I do not know the writing on this paper—I can swear it is the order the prisoner gave me.
COURT. Q. What did you do with the paper? A. it was given in the shop, and put on the file—I looked at it before, and saw Mr. Dudley's name on it—I am quite positive it is the same paper—I had seen the prisoner frequently before—I am positive about him.
CHARLES DUDLEY . I am partner with George Dudley, my brother—we are whitesmiths, and live in St. Luke's. The prisoner had been in our employ, but he had left one day before this transaction—I do not know this note—it is not my writing, nor my brother's, or any one authorized to write it—it is not written by any one establishment—I have sent the prisoner for goods of this description—I did not send him for the goods mentioned in this paper. And they never came to my premises.
Cross-examined. Q. How many persons have you in your employ? A. Ten—I have no managing man—my brother is not here—I have no other partner—the writing of this paper is not like my writing—it is somewhat like my brother's—I know that some goods were sent to Mr. Farmer, amounting to 2l. 9s., and a draft for 3l. 9s. was paid in mistake—I never heard that the prisoner told Mr. Farmer of it—I paid it to Mr. Farmer when he came two or three days afterwards—one of my boys, that I call John, brought the check—it occurred some months ago—I did not send the money back without Mr. Farmer coming, because I was not aware of it—I did not say if it were not send for, I would divide it into three parts—I never said anything of the kind, that I swear positively—I have not a person in my employ that considerably resembles the prisoner—I have a man named Joseph Dunnell—he is dark complexion, but his features are not like the prisoner's—a stranger might mistake the one for the other—I found this out by sending
some goods to Mr. Farmer's, which he returned the cash for, deducting 1l. 9s. for this iron, and then I said I had not had any iron that day—I think the prisoner had been nearly three years in my employ—(Order read—"Please let the bearer have 2 cwt. bundles, half-inch round, and two bars. C. and G. Dudley. April 3rd, 1847.")
JAMES BRANNAN (police-sergeant G 20.) I took the prisoner—I told him it was for obtaining goods by false pretences, of Farmer and Gorbell, in St. John-street—he said he was not there, nor that neighbourhood.
Cross-examined. Q. Where did you take him? A. At a public-house, in Hoxton, nearly opposite his mother's—I believe he is married, I cannot say whether he has a family. (See page 28.)
NOT GUILTY .
PEARSON JOUN DIXON . I am clerk of the district church of St. John, Bethnal-green. I produce the register of marriages there, by which it appears that on the 3rd of June, 1839, George Allison Overton and Harrier Hannah Ives were married in that church—I was present, but I do not know the parties.
MARY IVES . I am the wife of William Wright Ives—we live at Poplar—I know the prisoner, and I know his wife, Harriet Hannah Ives—I am her aunt—her father married the prisoner's mother—in 1839 I went to St. John's church, Bethnal-green—I saw the register, which had been read—the prisoner and her came afterwards to my house—he introduced her as his wife—I cannot exactly recollect what he said, but he said, "This is Mr. Overton," and Hannah was with him—they staid at my house about an hour—I saw them several times afterwards—they lived together about four years, and then separated—she is here now—she is the person.
Cross-examined by MR. BALLANTINE. Q. Are you the prosecutrix? A. No—I do not know who prosecutes—his wife was obliged to leave him on account of his ill-usage—I do not know of any deed of separation—she did not want to have anything to do with him.
COURT Q. Do you know her handwriting? A. Yes—this is her writing to this register.
HANNAH LOUISA FOSTER . I live in Bath-terrace, Back-road, St. George's On the 22nd of July last I was married to the prisoner, at Whitechapel church—I was with him about eight months before I left him—he told me that he was married, and he thought we should not live happily together—he told me that he had married his father-in-law's daughter.
Cross-examined. Q. Did you know of his marriage before you married him, or anything about it? A. No—I did hear people say he was married—I did not actually know it, nor make any inquiry about it—I am not prosecuting him—I did not know anything of it—I gave no information to lead to a prosecution.
EDWARD KENDALL (police-sergeant A 30) I was present at the station when the prisoner was brought there—I asked him where he lived—he said he had no home—I asked him where he slept last night—he said, "On board a vessel in the West India Dock"—I saw him afterwards write a letter to the captain—I went down to the vessel—it was going to sail to Quebee the next morning—I saw the prisoner's luggage, and found in his chest the two certificates
of his marriages, which correspond in every respect with the registers.
MR. BALLANTINE to MARY IVES. Q. Look at the name on this certificate—do you believe that to be your niece's handwriting? A. Yes, that is her writing.
MR. BALLANTINE to PEARSON JOHN DIXON. Q. Look at this "Harriet Hannah Ives" on this certificate, and tell me whose handwriting it is? A. The Rev. Mr. Jones', the Clergyman, whose signature is here.
GUILTY . Aged 27.— Confined Six Months.
OLD COURT.—Tuesday, May 11th, 1847.
PRESENT—MR. RECORDER; Mr. Alderman Wood; and Mr. Alderman HUGHES.
Second Jury, before Mr. Recorder.
WESTION WOOD . I live at Mark-lane. One the 30th of April, shortly before one o'clock, I was in Lombard-street, and felt somebody at my pocket—I put my hand into my pocket and missed my handkerchief—the prisoner was pointed out to me by a gentleman—he was half way across the street, going away from me—I went up to him—he immediately pulled the handkerchief out of his trowsers'-pocket and gave it to me, and was walking away but I detained him—he went on his knees and begged me to let him go.
Cross-examined by MR. HORRY. Q. Did you notice any other boys about? A. No.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
1099. GEORGE EMERY LANGLEY was indicted for embezzling 3l. 8s. 6d., 17s. 6d., and 11l. 18s., which he had received on account of Lewis Curwood Berger, his master; also embezzling 3l. 8s. 6d. and 3l. 8s. 6d., which he had received on account of said Lewis Curwood Berger, his master; also embezzling 3l. 8s. 6d., and 3l. 8s. 6d., which he had received in account of said Lewis Curwood Berger, his master; to all of which he pleaded
GUILTY .—Aged 37.
Thomas Barnard, banker of Bedford; Samuel Lovel, coal-merchant of Bedford; Mr. White, a tanner; William Bull, a draper of Bedford; and Mr. Wells, coal-merchant of Bedford, gave the prisoner a good character.
Transported for Seven Years.
1100. JOHN MARSH EDWARD STOKES was indicted for stealing an instrument, called a level, value 14l., the goods of Charles William Wood. 2nd COUNT stating it to be the property of Fallow Horne and others.
MR. DOANE conducted the Prosecution.
this—he came several times for a level—I promised to get one to show him on Saturday, the 13th, when he called again, and asked if it was ready, he said he wanted several; that he wanted one particularly to show a friend of his at Westminster—I produced one to him, and gave him this receipt to sign for it—(read, "John Stokes, surveyor, 114, Nichol-square, Hackney-road; 13th of March, received a dumpy level, to be returned on Tuesday next")—it was my brother's, and had his name on it—the prisoner came to me on this✗ Wednesday following, and said his friend had got the level at Richmond and said his friend would call and bring the instrument—I found it at the pawnbroker's.
Cross-examined by MR. BALLANTINE. Q. Do you know that the prisoner's father is a clergyman? A. Yes; the prisoner has been engaged in engineering—he gave his right name and address on the receipt—I received a letter from him before I saw him on the Wednesday—I at last called at the address he gave me, and found him there. I was not willing to take money for the level—I wrote to him, saying, unless it was returned I should be charged for it, and then I must send him the bill—I did not sell it to him—I could not.
MR. DOANE. Q. It was not your property. A. No.
Cross-examined. Q. What did he ask on it? A. I think 5l.—I should not lend more.
RICHARD NEWBOLD . I am an optician, and live at Houndsditch. On the 8th of April, the prisoner came to my shop, and said he had a level to sell—I asked what he wanted for it—he said 10l.—I asked where it was—he said it was in pledge—I said, "You want to sell the duplicate, I suppose?"—he said "Yes"—I said, "You want 5l. for the duplicate?"—he said "Yes"—I said it did not suit me to buy it—he then said could I sell it for him, or tell him where to sell it?—I said perhaps I could—he said "If you will, as it is a case of emergency, all you get above 10l. shall be yours, and if you will set about it immediately, I will allow you five per-cent. On the 10l., if you obtain it"—I told him to call again—I found he wanted the money very quickly, and said no respectable tradesman would go about such a business on the instant—he said, if I could tell him anybody who would advance the money, I should be remunerated—I mentioned two respectable tradesmen; he left, returned, and said he could not do any business with them—I said, "Well, if I go about it is it by good maker?"—he said "Yes, by Wood and Thornthwaite, of Newgate-street"—I said, "Is their name on it?"—he said, "Yes, but that could be easily erased"—I said it was objectionable, having a name, for however respectable tradesmen are, they don't like to have a name on an instrument—I asked him, how long it had been pledged—he said "Under a month, it would not cost more than 1s. 3d. to look at it—he left.
MR. WOOD re-examined. This is the level—the selling-price is fourteen guineas—the trade price is about 7l.
Thomas Welsh, oilman, Bishopsgate-street, deposed to the prisoner's good character up to within the last four or five years, since which, he had not seen him.
GUILTY . Aged 28.— Transported for Seven Years.
(There was another indictment against the prisoner.)
1101. EDWARD HAORE, WILLIAM GIBBONS , and GEORGE POCOCK were indicted for stealing 4 bushels of barn, chaff and beans, value 10s.; 1 truss of hay 2s.; and 4 bushels of bran, 5s.; the goods of John Johnson, their master.
JOSEPH JOHNSON . I am a carrier, and live at Uxbridge. The three prisoners were my servants—Hoare was horse-keeper, and had charge of the provender, which could not be taken without his authority—Gibbons was carter, and Pocock went with him as helper—on Tuesday evening, at ten o'clock, I directed Hoare to load the wagon to go to London,—he called me up in the morning, as usual, and said he had twenty-four sacks of flour—I gave Gibbons money for the journey; and he took by my directions the bait for the horses, which was beans, bran, and chaff—I afterwards found that a sack of bran, two sacks of mixed corn and chaff, and a truss of hay was taken more than I allowed—I had bran, mixed corn, and hay of the same quality and appearance as was produced before the magistrate—it corresponds in every respect with what I had—I am satisfied it came from my bulk—the police sergeant called me up about one o'clock, and gave me information that he had got the bran, and corn, and hey in the street—the wagon had not gone many hundred yards when he stopped it.
RICHARD ROADNIGHT (police-sergeant). A little after on o'clock in the morning I saw Johnson's wagon standing opposite a public-house in High-street, Uxbridge—there was nobody with it—Beechey, who was with me, got into it, and found a truss of hay under the tarpauling—shortly after, the three prisoners came out of the public-house together—Hoare went towards his own home, and the others went on towards London with the team—after going a short way, I asked Gibbons what hay he ought to have—he said, a truss, which was up behind—there was one there besides that under the tarpauling—I ordered him to stop the team, and told him he had more—Beechey got into the wagon, took down the extra truss of hay, a sack of bran, and three sacks containing mixed corn, beans, and chaff—Pocock said his master knew all about it—that it was what they were to feed their horses with—I went to Hoare's house, called him, and told him his master wanted him—I asked him what hay and corn the men were allowed—he said Mr. William Johnson had given out what they had got—I asked if he knew anything of the bran—he said there was a sack of bran on the top, but he did not know how it came there—I asked how he knew it was bran—he said he did not know—the prisoner were taken in charge.
WILLIAM BEECHEY (policeman.) I found a truss of concealed under the tarpauling—the three prisoners came out of the public-house—I and Roadnight stopped the wagon—I also found a truss of hay on the tail-board—I also found a sack of bran, part of three sacks of corn, chaff, and bran mixed.
JURY Q. What made you examine the wagon? A. Because they were stopping at the public-house, and seeing the truss under the tarpauling—Gibbons said he knew nothing about it—Pocock said the sack of bran was in the wagon before they started.
JOSEPH JOHNSON re-examined. William Johnson was asked if he gave out any hay; and said, "No"—Hoare is the man who took out the provender I ordered for the journey—I did not allow anything to be taken without my knowledge—it was kept in the granary in the yard—there was no occasion for Hoare to go to the public-house—he had no business with the other prisoners after they left the premises.
Hoare's Defence. I gave out what master ordered, and do not know how the rest got there; I was going home, and went to have half a pint of beer.
Pocock's Defence. I took out one lot of corn while they were settling about the money, but I do not know of any more.
HOARE— GUILTY . Aged 23.— Confined Three Months.
GIBBONS— GUILTY . Aged 30.— Confined Six Months.
POCOCK— GUILTY . Aged 21.— Confined One Month.
MR. BALLANTINE conducted the Prosecution. EDWARD PERKINS. I am coachman at Mr. Parker's, and live at his stables, in Kepple-mews North. On the 13th of March the prisoner sold me a load of hay and straw—I knew him as Mr. Stevenitt's servant—it came✗ to 3l. 12s. and 1l. 13s.—I paid him 3l. 12s. on the 17th March, when he called, and 1l. 13s. on the 19th of March.
Cross-examined by MR. PARRY. Q. Had you known him some times? A. Yes—he had sold me hay and straw for eight or nine years—I knew nothing of Mr. Stevenitt till lately—I do not know of his selling on commission.
JOSEPH STEVENITT . I am a hay salesman, and live in Cumberland-market. The prisoner was in my employ for about four months—I was with him when he sold this hay and straw to Perkins—the prisoner never brought me either of these sums—on Saturday, the 20th of March, when I paid him, I said, "The coachman has not been up to pay for the hay and straw"—he said, "Has not he?" or something of that kind—he did not return to me after the 20th of March—I did not send him for this money—he ran away from his home altogether, without notice.
Cross-examined. Q. He had no authority to get this money? A. Not this in particular, but he had received money before several times, and brought it to me—he was my servant and carter—Perkins was one of his customers before he came to me—he brought me three or four customers—he did not have a commission on what he sold, nor sell this on his own account—I did not then know he was making out the bills in his own name—Perkim✗s bought the hay and straw of me, and asked if I could not take less—I did not offer to take a picture for the money—the prisoner's wife said she would bring one if I would not take him into custody—he has been in business for himself as a hay salesman—I did not take him on account of his connection with salesmen—I never gave him a commission.
COURT. Q. How did you pay him? A. By the week, but sometimes I had no work for him—he had 15s. or 18s., according to what he earned—he was not sent to collect any specific sums—I have my book here, in which I have debited Perkins for the hay and straw.
MR. BALLANTINE. Q. Was that hay and straw your property? A. Yes—he was authorized to receive the money if Perkins paid him, and should had it to me.
(The prisoner received a good character.)
GUILTY . Aged 30✗. Confined Six Months.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
REBECCA ATKINSON . I am the wife Walter Atkinson, of the Six Bells public-house, Queen-street, Hammersmith. On Tuesday evening, the 23rd of March, the prisoners came, with another person, about five o'clock—they called for a pot of half-and-half, which they drank in front of the bar—Knight laid down a sovereign to pay for it—I passed it on to my husband, who was in the bar, and went to the till to get the silver—I counted out the change for a sovereign, the full change—Knight said, "Can you oblige me with a half-sovereign?"—(I had laid the full change in silver on the counter)—I said, "Yes, I have one in my Pocket"—it was the only one I had—I laid it on the counter—Knight took it up, turned it round, and looking at the edge, said, "This is a light one"—I said, "I will give you 10s. for it"—Smith said, "Yes, you had better have silver; you owe me a crown"—I then counted out a crown piece and two half-crowns, and gave him them, having taken back the 10s. worth of silver which I had first put down—my husband stepped forward, and took up the half-sovereign which Knight had put down, and said, "Have you rung the changes?"—Knight said, "Do you suppose we are smashers, then?"—my husband said, "I do not know, but you must put down my good half-sovereign, or I will call the police"—he left to fetch a policeman, saying to me, "Mind he don't swallow it"—I saw Knight put a half-sovereign into his mouth with his left hand, and drink, with the mug of beer in his right hand, throwing his head back—I said three times, "You are swallowing it now"—he made no answer—Devine took up the bad half-sovereign, which my husband had bent, and thrown on the counter again—I do not know what became of it, but he took it off the counter—they remained there till my husband returned with the police, and were taken to the station—the half-sovereign I gave them was a good one, and the only one I had—Knight did not swallow the bad one—it must have been the one I put down, as he did not put his hand to his pocket.
Cross-examined by MR. PAYNE. Q. All that Smith said was, "You had better have silver, you owe me a crown?" A. Yes—I saw it was a halfsovereign Knight swallowed—I saw it in his left hand, between his fingers—I had taken the one I gave him not half an hour before at the bar.
Knight. Q. When I said the half-sovereign was light, did not you say, "If it is a bad one, I have just taken it of a woman across the road?" A. No—I swear I gave you a good one, for I examined it when I took it.
COURT. Q. Did they get a crown piece and two half-crowns for what turned out to be a bad half-sovereign? A. Yes—Knight took them up.
CHARLES EDWARD FRANCIS . I am a carpenter, and live in Ship-lane, Hammersmith. I saw the prisoners being taken to the station on the 23rd of March—I followed close behind Devine—the other two were before him—they passed through Brook-green-lane, and there I observed Devine take a half-sovereign out of his waistcoat pocket, and swallow it.
Devine. Q. What sort of a waistcoat had I on? A. I do not know, I was not looking after your waistcoat.
the station, and in Brook-green-lane I saw Smith put his right hand into his right-hand pocket, take out five separate shillings, put them to his mouth, and swallow them—I was walking right by the side of him, and counted them—I saw Devine put his hand into his waistcoat pocket, and put something into his mouth, but what it was I cannot say—when Smith had swallowed the five shillings, he said to Devine, "It is all right."
Cross-examined. Q. What did you do there? A. My master asked me to run and see what the bother was—Smith was not in the policeman's custody—he was walking along—there was only one policeman—he was walking by Mr. Atkinson—Smith turned on one side—Atkinson was not on the same side as me.
DANIEL MORGAN (police-constable P 166.) I took the three prisoners to the station at Brook-green—I found on Knight a crown piece, four half-crowns, four shillings, six pence, and three halfpence; 19s. 7 1/2 d. together—I found no money on the others—Knight said to Atkinson, "It is only 10s. the disturbance is about; you can take that out of the money which lays on the table," meaning the 19s. 7 1/2 d.
Devine. Q. Had not you hold of my left arm? A. Yes—I did not see you put your hand into your pocket, but you might have done so, for there was such a lot of people—I believe you had a red waistcoat on.
WALTER ATKINSON . I am the husband of the first witness, and was in the bar almost directly the prisoner came in—my wife handed me a sovereign—I found it was good, told her so, and she gave them the change—I looked at the prisoners, who were watching me very particularly—I stopped down behind the engine—as soon as I heard Knight say, "This is a light one," I stepped up, and said, "If you don's put down my good half-sovereign, which you have taken up, I will get a policeman"—Knight said, "Do you think we are smashers?"—I took up the bad half-sovereign, doubled it up in my fingers, and asked if they were not ashamed of themselves—I put it down, and went for a policeman, getting some people to mind they did not go out at the door—I saw the half-sovereign my wife put down for them—it rang well—the one I took up would not ring, and I am satisfied it was not the same.
Knight's Defence. I laid down a sovereign, and received a half-sovereign and 9s. 6d. change; I took up the half-sovereign, and said I did not like the appearance of it; she said, "I have just taken it of a woman across the road, you may have all silver;" I said, "Well, I will;" she threw down two half-crowns and a crown, and took back the bad half-sovereign; I gave her the one she gave me.
KNIGHT— GUILTY . Aged 25.
DEVINE— GUILTY . Aged 25.
SMITH— GUILTY . Aged 23.
Confined One Year.
NEW COURT.—Tuesday, May 11, 1847.
PRESENT.—Mr. Alderman MUSGROVE, Mr. Alderman HUNTER, and Mr. COMMON SERJEANT.
Sixth Jury, before Mr. Common Serjeant.
MESSRS, ELLIS and DOANE conducted the Prosecution.
JANE TROTT . I keep a clothes shop in Paradise-street, St. Marylebone. On the 24th of April the prisoner came to my shop to buy a pair of stockings—the price of them was 6d.—she asked me to take 5d. for a pair—I agreed to take 5d., and she gave me in payment a shilling—I gave her a sixpence and a penny-piece in change—the sixpence I gave her was good, I am positive—she went away—I then examined the shilling, and gave it to my little girl to go to Mr. Paternoster, a neighbour who lives opposite—my little girl came back immediately, and I believe she brought back the same shilling which I gave her—it was flat when I gaveit, and when she brought it back it was bitten and bent—I then went after the prisoner—she had got up to North-street—I said to her, "You gave me a bad shilling"—she said, "No, I have not"—I said, "You have, and you had better give me my change and my stockings"—she gave me a sixpence, a penny, and the stockings—I gave her the shilling back—I immediately looked at the sixpence she gave me—it was not the one I had given her—I found it was a very bad one—I am quite positive it was not the sixpence I gave her—I said to her, "You good-for-nothing woman, you have given me a bad sixpence as well as the shilling"—she said, "I have not, it is the same you gave me"—the policeman came and took the prisoner—I gave the sixpence to Sergeant Roberts, at the station.
Prisoner. Q. Did you not tell me you had had the misfortune of taking a bad sixpence the week before? A. Yes, on the Wednesday before.
SARAH TROTT . I am the daughter of Mr. Trott. I remember the prisoner coming to my mother's shop, on the 24th of April—my mother gave me a shilling—I took it to Mr. Paternoster's—he bent it with his teeth, and told me it was bad one—he gave it to me back—I did not lose sight of it—I gave the same shilling back to my mother.
WILLIAM PATERNOSTER . I keep the Angel beer-shop in Paradise-street, Sarah Trott brought me a shilling on the 24th of April—I noticed it was bad; I bit it, and bent it, and gave it back to her—the officer has got it—I believe this to be the shilling.
JOHN MARSHALL (police-constable D 118.) I was on duty in South-street—the prisoner was pointed out to me—I went and asked her what she had in her hand, having been told that she had passed bad money—I took her back to North-street, and saw Mr. Trott—she told me the prisoner had passed two pieces of bad money—I told her to come to the station—the prisoner was searched by Mr. Taylor, who reported that she found nothing on her.
JOHN COOPER (police-constable D 84.) On the 24th of April, about five o'clock, I took the prisoner from the van to the cell—I searched her there, by order of the gaoler—I caught her by the throat, and two shillings and four sixpence fell from her mouth on to the floor—I took up the sixpences and one of the shillings, which was bent—the other shilling was picked up by a witness—they are all bad.
Prisoner. He took hold of me in an indecent way; I said, "Let me be searched by a female:" he pushed me about and kicked me, and then he said he found this money; I know nothing about it.
shillings and five sixpences are all counterfeit, and the sixpences are all impressions from the same mould.
Priosner. Have mercy on me; I have got two small children, without a father.
GUILTY . Aged 24.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CHARLES SLATER . I am a cheesemonger, and live in London-wall. On the 28th of April, between eight and nine o'clock in the evening, the prisoner came and asked for three eggs—she wanted them for 2d.—I said I could not afford to let them go under 1d. each—she had three—they came to 3d.—she offered me a crown-piece—I did not like the look of it—I proposed to leave my wife in the shop while I went out to ascertain whether it were good or not—when I came back I found the prisoner had gone—I saw no more of her till she was in custody—I saw Deedy the policeman—he desired me to mark the crown-piece and keep it separate—I gave the same crownpiece to Deedy on the 30th.
THOMAS CHAMBERS . I am an oil and colourman, and live in Houndsditch. On the 30th of April, between seven and eight o'clock in the evening, the prisoner came for half-a-pound of soap—it came to 2 1/2 d.—she tendered me a crown-piece—it was a bad one—I asked her where she got it—she said a gentleman gave it her—I said, if she could show me the gentleman I would not give her into custody—the policeman came by, and I gave her in charge—I gave the crown to the officer.
MICHAEL DEEDY (City police-constable, No. 635.) Mr. Slater showed me a crown-piece—he marked it in my presence, and on the 30th of April I went to Mr. Chambers—I saw the prisoner there—she was given into my charge—I there got this other crown—I produce them both.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
MARGARET WALLIS . I am the wife of William Wallis—he keeps a chandler's shop in Gray's-Inn-lane. On Sunday night, the 18th of April, about eight o'clock, the prisoner came to the shop, for a pennyworth of biscuits—he put down a shilling to pay for them—I suspected the shilling to be bad, but I took it, and gave him 11d. in change—as soon as he was gone out of the shop I made up my mind and followed him, but he was gone out of sight—I put a mark on the shilling, and kept it apart from other coin—I gave it to the policeman the next morning.
ROBERT HODGES . I keep the Orange Tree, in Orange-street, Red Lionsquare, which is no great distance from Mr. Wallis'. On Sunday night, the 18th of April, the prisoner came to my place about nine o'clock—he had half a pint of porter, and tendered me a shilling—I did not put it in the till—I walked round the counter—I went to the door, and told the prisoner
trouble him to wait till a policeman came—the prisoner said he took the shilling in change on paying for his dinner on the day before, in Leather-lane—the officer came—I gave him the shilling the prisoner had given me.
ALFRED BUTLER (police-constable E 35.) On the 18th of April I took the prisoner—Mr. Hodges gave me this shilling—I took the prisoner to the station—he said he had received the shilling in change for half-a-crown that he had bought a quarter of a pound of boiled beef with, on the Saturday evening.
Prisoner's Defence. The shilling was one I took in change for half-a-crown, for a quarter of a pound of boiled beef the night before.
GUILTY . Aged 18.- Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution
EDWARD JONES . I keep a chandler's shop, in Coppice-row, Clerkenwell. On Sunday night, the 25th of April, about ten o'clock, the prisoner came to my shop—he wanted some bread and cheese—it came to twopence halfpenny—he tendered me a half-crown in payment, and I gave him change—he went away—I put that half-crown in my pocket, separate from any other money—I had no other half-crown in my pocket—on the following morning I tendered the same half-crown to the baker—he found that it was bad—it did not go out of my sight—I am sure I got back from the baker the same half-crown as the prisoner gave me—I again put it in my pocket, where there was no other money—when I got home I marked it, and wrapped it up in paper—I put it in a drawer, where it remained till I gave it to the constable.
RICHARD FOSTER . I live with Mr. Jones. On the 27th of April, about five minutes past ten o'clock at night, the prisoner came to his shop, for a quarter of a pound of beef—it came to twopence halfpenny—he gave me a half-crown in payment—I said it was a bad one—he said he received it from his employer—I sent for Taylor, the policeman, and I gave the prisoner into custody—I marked the half-crown, and gave it to the policeman—this is it.
Prisoner's Defence. I went for a quarter of a pound of beef; I had the half-crown, and no other money; I was not there on the Sunday night.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ELEANOR WILGOSS . I am the wife of James Wilgoss—we live in North-street, Lisson-grove, and we keep an ironmonger's shop. On the 19th of April the prisoner came to the shop, between half-past nine and ten o'clock at night—she wanted a halfpenny-worth of nails—I served her—she gave me a sixpence—I gave her the change, and put the sixpence in my pocket—before I put it into my pocket I noticed it had rather a shiney appearance—it had a
Queen's head on it, I am positive—I had another sixpence in my pocket, but that was of a different reign—I am positive it was a King's reign, but I cannot say what King—that was all the silver I had in my pocket—when the prisoner had gone out, Webb, the policeman, came in—he asked to look at my silver—I found the two sixpences in my pocked—I gave him the one that I took from The prisoner, I am positive.
Prisoner. You knew me for ten years. Witness. I dare say I have know her ten years—she was in the habit of coming to my shop frequently—I knew she lived in Little North-street—I knew her by sight—I had no more money in my pocket, but that one sixpence beside—I never bore the prisoner the least ill-will—what she had of me she always paid for.
HENRY WEBB (police-sergeant S 100.) On the 19th April I saw the prisoner, and a man and woman with her, in North-street, about half-past nine o'clock at night—I passed them, and I thought there was something wrong—I went about four doors off, and stood in the dark—I saw the man leave the prisoner and the other woman, and the two women went to a shop window—the other woman pulled out a handful of silver—she looked amongst it, and picked something out of it, and gave it to the prisoner—they went from thence to Mr. Wilgoss' shop, and the two women went into the shop—I saw them both In the shop, and I saw them both come out—I then went into the shop, and Spoke to Mr. Wilgoss—she gave me this sixpence, which I produce—I then went out, and saw the prisoner with the man—I took the prisoner—the Magistrate discharged her, as there was no other charge against her.
JAMES GREEN (police-sergeant S 2.) I received a sixpence from Webb—I kept it apart from any other coin—after the prisoner was discharged I still Kept it in my custody, and when she was taken again I gave it to Mr. Chambers, the inspector—he gave it to Webb.
SUSAN COLVILL . I am barmaid at the Duke of Clarence, in North-street. On Tuesday, the 27th of April, the prisoner came there with another woman, between four and five o'clock in the afternoon—they called for a quartern of rum—the prisoner put down a shilling—I noticed it was a bad one—I told her so—I sent for an officer, and gave her into custody—when the policeman Was sent for, the other woman went away—I detained the prisoner.
Prisoner. She has had a spite against me for five years; my daughter was put to bed, and I went to her house one night for a little brandy; that is the reason. Witness. I do not recollect it—I know nothing of the woman.
JAMES MILLS (police-constable S 177.) I took the prisoner into custody at the Clarence public-house—the publican said he would give her in charge for giving this shilling—the prisoner said she did not lay the shilling down—this is the shilling.
Prisoner. Q. Were not the two doors open, and was I not standing there half an hour looking for you? A. The prosecutor opened the door that I went in at, to let me in—the prisoner was standing leaning with her hand on the counter.
Prisoner's Defence. I acknowledge to the sixpence, but I did not know it was bad; I never passed the shilling.
GUILTY . Aged 63.— Confined Four Months
MESSRS. BODKIN and DOANE conducted the Prosecution.
ELIZABETH TURNEY . I am in the service of Mr. Metcalf, a baker, in Marchmont-street. On the 29th of April, I saw the prisoner in my master's Shop—he came for a half-quartern cottage loaf—I served him—he gave me a half-sovereign—I gave him change—it appeared to me to be a good half-sovereign—he then asked me if it was the best bread—I said I did not know, it was genuine bread, the League bread, and I said he could have his half-sovereign back if he did not like it—he said he would, and I gave him the same half-sovereign back again that he gave me, and he gave me the change—he then turned to the door, and came back and said he would take the loaf, and he supposed, if they did not like it, I would change it him—I said, "Oh, yes"—he then took the loaf and put it into his handkerchief, and he put down a half-sovereign—I rung it on the counter, and did not like the sound of it—I rang a little bell for Mr. Metcalf to come, and when the prisoner saw him he walked out of the shop very quickly—he left his handkerchief just as he has tied it up—he left his half-sovereign on the counter—my master went after him, and brought him back—he told him he had given a rascally bad half-sovereign, and he ought to be ashamed of himself for taking advantage of a female in the shop—he said it was not a bad half-sovereign—my master said, "It is, look here," and he took and bent it up—the prisoner said he was a respectable man, and had a respectable character—I could not say that that was not the same half-sovereign as he gave me the first time—I felt satisfied with the first—I did not like the appearance of the second.
FREDERICK MELCALF . I came into the shop when the bell rang—Turney gave me a half-sovereign, and told me something—I pursued the prisoner, and overtook him about five doors from the shop—I told him he had attempted to pass a rascally bad half-sovereign—he said he bad not done so, what did I mean—I brought him back to the shop, and I told him I must give him in charge—he said he did not care, he was a respectable young man, and had a character—I said, "Your character must be proved"—he took something from his pocket, and swallowed it—I gave the bad half-sovereign to the police-officer—when I came up with the prisoner in the street he was going away from my shop—he did not give any explanation of his leaving his half-sovereign and hid handkerchief and loaf behind him—they were on the counter when I came back with him.
Prisoner. I was coming back to the shop. Witness. No, that I deny; he was hurrying away from it in a stooping position.
JOHN NORTH (police-constable E 90.) I received the prisoner into custody—I produce a half-sovereign which Mr. Metcalf gave me—the prisoner said he did not care, he was a respectable young man, and had respectable friends—he said he was not aware the half-sovereign was bad.
GUILTY . Aged 21.— Confined Nine Months.
1112. JOHN MOORE was indicated for embezzling and stealing 3l. 0s. 7 1/2 d., which he had received on account of Richard Garrett, his master; to which he pleaded GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 27.— Confined Nine Months.
1114. ELIZABETH PAGE was indicated for stealing 1 frock, value 4s.; 1 shawl, 4s.; 2 yards of ribbon, 6d.; 1 pair of boots, 2s.; 1 handkerchief, 1s. 6d.; 1 necktie, 6d.; and 4 rows of beads, the goods of Ann Hutley; to which she pleaded
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 34.— Transported for Seven Years.
1116. JOHN DERISCOLL was indicated for stealing 1 ream of note paper, value 6s.; 1/2 a ream of letter paper, 5s.; and 500 envelope, 3s. 6d.; the goods of John Simmonds, his master; to which he pleaded
GUILTY . Aged 22.— Confined Four Months.
1117. THOMAS SMITH and TIMOTHY TOVEY were indicted for stealing 10 keys, value 10s.; 1 purse, 1s.; 2 sovereigns; 2 half-sovereigns; 3 shillings; and 2 sixpences the property of George Crafter, from the person of Elizabeth Crafter; and that Smith had been before convicted of felony.
ELIZA CROFTER . I am the wife of George Crofter; we live in Black friqars-road. On the 4th of May I was passing over Blackfriars-bridge, about two o'clock—I felt a movement at the right side of my dress—I had a pocket there and some keys, and a purse which contained my money—I turned, and saw two boys behind me—to the best of my recollection, the prisoners were the boys—they saw I notice them—they crossed the road—I crossed, and saw Mr. Edwards—I mentioned it to him—he took the prisoners, and while we were waiting for a policeman my purse was dropped—there were persons passing, but, I thing, not near enough to have dropped the purse—the keys were picked up and brought to me by a woman—they are mine—this is my purse.
JOSEPH EDWARDS . I live in Blackfriars-road. I was passing—Mr. Crofter spoke to me, and pointed out Tovey—I caught him, and she crossed and caught Smith—I took Tovey across to her, and took hold of both the prisoners—as soon as I took hold of Smith I heard a noise—I looked down at his feet and this purse was there—I took it up—I did not see the keys then—they were brought to Mr. Crofter afterwards.
Tovey. I know nothing of this boy—I went to see the steam-boats start—I am innocent.
Smith. Tovey took the purse, and threw it down at my feet; I never saw Tovey before, to my knowledge.
Tovey. I know nothing about it; it was not me dropped it.
SMITH— GUILTY . Aged 15.— Transported for Seven Years.
TOVEY— GUILTY . Aged 15.— Confined Nine Months.
GUILTY . Aged 23.— Confined Four Months.
GUILTY . Aged 21.— Confined Three Months.
GUILTY. Aged 28.—Recommended to mercy.— Confined One Week.
SARAH WEBESTER . I live at No. 39, Old Broad-street. On the 7th of May, about four o'clock, I was in Houndsditch, carrying a child—I received information, and searched my pocket—I missed a half-crown and a sixpence, which was all I had—I had them safe about ten minutes before—I did not see any one—my attention was on the child in my arms.
ELIZABETH WRIGHT . I saw the prosecutrix standing opposite a pictureshop—I saw the prisoner make several attempts at her pocket and at other women's pockets—I went down stairs and told the policeman, and he put the prisoners away—in ten minutes the prisoner came back again, and I saw him put his hand down by the prosecutrix's side—I went down to tell the policeman, but he was not on his beat—when I came back the prisoner was standing in the middle of the road—another witness told me something.
prisoner's Defence. On Saturday morning I was taken out of bed by the policeman; I asked him what he took me for; he said, "Come along with me."
GUILTY .** Aged 13.— Transported for Seven Years.
GUILTY . Aged 34.— Confined Three Days.
1123. GEORGE LINGWOOD was indicted for stealing 81lbs. of lead, value 12s., the goods of Mary Conaway, being fixed to a certain building; and that he had been before convicted of felony. 2nd COUNT, not stating it to be fixed.
PETER MASSEY . I live in Drum-lane, Old Brentford. I know the prisoner—on the 7th of April, about nine o'clock, I saw him taking up some lead out of a gutter, on an out-house near Mr. Coster's, who keeps the Drum public-house—the prisoner was rolling the lead up—I went and told Mr. Coster—this is the lead.
RICHARD DOUGLAS COSTER . I keep the Drum public-house—this out-house belongs to Mr. Conaway—I was sitting in my bar, and Massey came in and said there was a thief outside the house—I went out and saw the prisoner coming down—I struck at him—he got over the shed, and a man stopped him—he had been very tipsy all day.
Prisoner. I was not in your yard all the day. Witness. I told you to go home, and get sober.
JOHN HADDON . (police-serjeant T 18.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 3rd Feb. 1845, and confined four months)—the prisoner is the man—he has been associated with bad characters ever since.
GUILTY . Aged 34.— Transported for Seven Years.
GUILTY . Aged 30.— Confined Three Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 40.— Confined Three Months.
GUILTY . Aged 20.— Confined Nine Months.
BWNJAMIN PETERS . I live in Size-lane. On the 10th of May, about ten o'clock, I was at the top of Cheapside—I saw the prisoner and another person following a gentleman—I saw the prisoner put his hand into the gentleman's pocket, and take this handkerchief out—I had not time to stop the gentleman—he went on—I took the prisoner with this handkerchief in his hand—I think he took it out of the gentleman's right-hand pocket—I do not know who the gentleman was.
Prisoner. Q. Did you see me put my hand into the gentleman's pocket? A. I saw you touch the pocket—I did not see you distinctly take the handkerchief out—there were three or four persons close by—I saw you running away with the handkerchief, and caught you with it.
Prisoner's Defence. I was with a young man in a public-house; he had spend all his money, and asked me to sell or pawn this handkerchief for him; I was going down the street, and this witness accused me of stealing it—he made a strike at me, and I warded the blow off with my hand.
Aged 34.— Confined Seven Days.
OLD COURT. Wednesday, May 12th 1847.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron ALDERSON; and Mr. Alderman HUGHES. Third Jury, before Edward Bullock, Esq.
WILLIAM AUGUSTUS RICH . I am in the service of Messrs. William Hoole and John Lockyer, who keep a coke-warehouse at St. James's Clerkenwell. On the 3rd of April the prisoner came there—I know him—he used to come from Mr. Dundley's, who were customers of ours—he asked me for 2cwt. of iron—I said we had only a hundred weight and a half—he took one bundle of half a cwt. away form the shop, and put it on a truck by the door—as we were going over to the warehouse to fetch some more I asked him whether it was for Mr. Dudley—he said, "Yes"—he had 1 cwt. from the warehouse—he took one bundle away form the warehouse, and afterwards went over to the shop—I followed him, and met him coming out at the door—he said, "It is all right, but I had better go back to fetch an order"—another party took the iron away on the truck—I cannot say whether the prisoner went with him or not, but the prisoner put it on the truck
Cross-examined by MR. PAYNE. Q. How long have you been at Mr. Hoole's? A. Three years and a half—I do not know the persons in Dudley's employ, only the one who comes to the shop—I do not know Joseph Dunnell—I am certain of the prisoner—I had frequently seen him before for the last year and a half—I had seen him a month or two before this—the truck was round at the warehouse door, about twenty yards off, nearly opposite the back shop, in Suffolk-street—he carried the iron on his shoulder—I saw him put it on the truck—I put the other half cwt. on—I asked him whether he came from Dudley's as I did not know whether he might have left—I am sure I did ask him—nobody has told me it was necessary he should ask for it in Dudley's name—on Saturday evening Mr. Dudley asked if these had been any iron had in his name—I said, "Yes."
CHARLES DUDLEY . I am a whitesmith, and live in St. John's-row, St. Luke's. The prisoner was in my service—he left on the 2nd of April—I deal with Messrs. Lockyer and Co., and have sent the prisoner these for iron—I did not send him on the 3rd of April—the goods never came to my premises.
Cross-examined. Q. How do you know that? A. I was not off the premises all day—my brother is not here, nor any of my men—Dunnell was not required to be here—he is not like the prisoner—there is not the slightest resemblance between them—I swear he could not be mistaken for the prisoner—he has been in my employ many years—I did not say the other day that I did not think he was like him, but that another man might mistake him—I said he was of dark complexion, and his hair is dark—he may be about the same height—they do not reassemble each other in height, complexion, and general appearance—the prisoner is a stouter man—Dunnell was not off my premises that day—I cannot say that I said that I did not see my likenese✗ between them, but that another person might—I have said as much as that—I may have said so them.
COURT. Q. Do you think a person who had seen the prisoner several times could mistake him? A. No.
GUILTY . Aged 38.— Confined Twelve Months.
1134. ALFRED WILBEAM and NICHOLAS KERP were indicted for feloniously forging and uttering a bill of exchange for 500l., with intent to defraud Richard Fuller and another; and JOSEPH ALEXANDER for feloniously harbouring and maintaining the said prisoners, knowing them to have committed the said felony.—Other COUNTS, for forging and uttering an acceptance to the said bill, and verying the manner of laying the charge.
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
WILLIAM GERRANRD OHRLY . I live in St. Thomas's-square, Hackney; I was a merchant, but have retired from business. I keep an account at Messrs. Fuller's bank—I called there about the 16th of Jan., and, from discoveries I made, this bill of exchange for 500l. was shown to me—(looking at it)—the acceptance is not my handwriting—I never authorized anybody to accept it, and do not know the drawer.
On the 29th of Dec. last, this bill was presented at our banking-house—it has "Received, J. Brown," on the back—I cannot say whether that was written at our house, or before it was presented—Mr. Ohrly is a customer of ours—I believed the acceptance to be genuine, and paid the bill by four 100l. notes, Nos. 67108, L. C., 62552, 65405, and 70102, and two of 50l., Nos. 10826, N. B., and 13781, N. B.—the initials refer to the date—they are a private mark of the back on the notes—I should say the bill was presented soon after ten o'clock, between ten and eleven—the Bank of England is about 250 or 300 yards from Fuller's bank, going out the back way—it is at the corner of Moorgate-street—a few minutes after I paid the bill Mr. Higman, a clerk of the Bank of England, came and asked me something about the notes—I answered him that all was right—he mentioned the four 100l. notes, but, I think, not the 50l.
J. S. BAKER re-examined. I do not any writing on them which I should know them by, but I know the numbers—they are the notes I gave for the bill.
Cross-examined by MR. PARRY. Q. I believe you have no recollection of the person who presented the bill? A. None at all—I received the bill myself, and paid the person the notes for it—the bill was not handed to me by one of our clerks.
JOSEPH REECE ADAMS . I am a clerk at the Bank of England. I remember these four 100l. notes being brought to my office, which is the issue department, on the 29th of Dec., before twelve o'clock in the day—I am not certain of the time—I received them from, I think, the prisoner Kerp, but am not quite certain—I the name of Helen. No. 3, Bond-street, is written on the back of the notes—we require the name and address to be put on the notes before we pay them—it was brought to me with that name and address on it—I could not read the address very well, and enquired of the man what it was—he said No. 3, Bond-street, and I wrote that again—the notes were brought for gold, and before I paid them I took them to Mr. Higman, who left the office, at my suggestion, to go to Fuller's, as I had suspicion, and asked the man where he received the notes—he said at Fuller's—here is the name of Jones on one of the 50l. notes—I cashed that note at a different time, within five minutes before or after—it is No. 10826, 8th Oct. 1846, N. B.—it was probably changed for the same man, but I took no notice of the person then, the note being a small one—it might be the same man, or another—the N. B. denotes the date—if the lower part of the note is destroyed this would tell us the date—there is L. C. on the 100l. notes.
WILLIAM HIGMAN . I am principal in the issue department of the Bank. On the 29th of Dec., between ten and half-past ten o'clock in the morning, Mr. Adams brought these four 100l. notes to me, as it is not usual to be asked for gold for so large an amount—I made inquiry of the man, and noticed his person, and am perfectly certain in my own mind it was Kerp—he is the man; I have not a doubt about it—I asked him from whom he obtained the notes—he said from Messrs. Fuller's—I stepped out at the back door of the Bank while the matter was being arranged—I went to Fuller's, and understanding all was right I ordered payment to be made.
Cross-examined by MR. BALLANTINE. Q. Do you hand over the notes, or do the clerks under you do that? A. The clerks under me—I see a great many people—I do not recollect ever seeing Kerp before—he did not wear moustachios, I believe—the impression on my mind is that he did not—I will not swear it positively—I swear positively Kerp is the man to my belief—I particularly noticed him, and did not notice any moustachios—it was an
unusual thing coming for so large a quantity of gold—he was there altogether about a quarter of an hour—I had a good opportunity of looking at him, which I did, having suspicion something was wrong—I do not know how he was dressed—he wore a hat—I saw him next at Guildhall, and pointed him out to the solicitor—he was not pointed out to me—he was standing in the dock.
MR. CLARKSON. Q. Had you any doubt of him before the Magistrate? A. None.
MOSES SAMUELS . I live in Strutton-ground, Westminster. On the 29th of Dec., about nine o'clock in the morning, Kerp came running into my shop—I did not know him before—Brown (Wilbeam) was with him—he was called Brown then—Brown was dressed wretchedly—they both came in and wanted clothes for Brown—his trowsers and every thing were ragged—here are the clothes he was dressed in and which he left behind—Kerp called him by the name of Brown—I sold them a coat, waistcoat, trowsers, neck-handkerchief boots, and hat—Kerp paid for them—Brown out the clothes on, and they left—after two o'clock, Brown came into the shop again, very merry, and took out a double purse full of sovereigns, and said, "I have got it"—I could see, through the purse, that it contained sovereigns at each end—I asked him from where he got it—he said, "They young man who came with me, who gave me the clothes, gave it to me"—there might be 100 sovereigns, more or less—he said, "Will you be so kind, if the young man calls here for me, to tell him to call tomorrow, soon after twelve o'clock"—next day, after twelve o'clock, they both came—I cannot recollect which came in first—Kerp said to Brown, "What was the matter, why did you run away yesterday?"—Brown said to Kerp, "I heard the bankers ask you such questions, where you got the notes, and how you came by the notes," and Kerp said, "I told him I got the notes from Fuller's bank;" he asked where I resided; "I said in Bond-street"—that is all that passed.
Cross-examined by MR. PARRY. Q. I believe you had never seen Brown before? A. No, nor Kerp—they were at my shop about a quarter of an hour, on the 29th—Brown merely came in the afternoon, left the massage, and showed me the purse—he shook it in his hand—I have no shopman—there was nobody in the shop, except my wife—she was there both times, and when they called next day she saw Brown rattling the purse—it was not my business to ask him where he got it—I said nothing to him about it—my wife was in the parlour but saw him—I do not know what he meant by "it "—they might stay five or six minutes the next day—I cannot say which came in first—I and Mr. Samuels were quite silent—Kerp said, "What did you run away for, yesterday?" Brown said, "The bankers asked you such a set of question, and kept you there so long, I ran away"—Kerp said, "I answered them that I got the notes from Fuller's bank; I told them where I got the notes; they asked where I resided, and I told them"—they then went away—I did not drink with them on either occasion, and did not see them again till they were in custody—I have lived in Strutton-ground seven years—before that I was a licensed traveller with jewellery, for three years—I bought jewellery at Birmingham and different places—I cannot recollect the name of anybody at Birmingham who I bought goods of—I have purchased of Davis, in Houndsditch—before I travelled with jewellery I manufactured slippers, at my warehouse in Houndsdich—I kept men there—I kept that shop a good many year—I do not know how the prisoners came to appoint to meet at my shop—I did not tell the police about Brown having the sovereigns—it was nothing to me—I thought nothing of it.
Cross-examined by MR. BALLANTINE. Q. Both Brown and Kerp were
strangers to you? A. Yes—I could not tell whether it was an honest transaction—I am free from any impeachment—I cannot tell what I thought about it—I have my suspicions now—I did not ask any questions—my business would not go on well of I did—I am not quite a stranger to Alexander—I have known him for two years—I did not see him about this time at all—I will swear that—it was not him who brought Brown to my place—I have never been a friend of Alexander's—I was bail for him once, as his own solicitor's son was the first bail—I was not paid for it—I did it from friendship at last out of favour—it is above a year ago—he did not bring me any customers, nor deal with me—I got nothing for being his bail.
MR. CLARKSON. A. Are you a German by birth? A. A Polander—Kerp is a German, Alexander is a Polander, Wilbeam is an Engishman.
COURT Q. Had Kerp any moustachios on the morning of the 29th? A. He had very little—they have grown bigger now.
WILLAM HENRY EDWARDS (City police-constable, No. 139) On the 6th of Feb. last I was stationed near Bartholomew-lane, by the London and Westminster Bank, between three and four o'clock in the afternoon—I saw the three prisoners standing together, at the corner of Bartholomew-lane—Alexander beckoned me across—I did not go at first—he beckoned again—I ran towards them, and Kerp ran down Angle-court—I ran after him—he was stopped, without my losing sight of him—I brought him back to Wilbeam and Alexander, who met me some yards up the court—when I got up to them, Alexander told me he gave them both in charge—I asked him for what—he said, "Forgery on Fuller's Smith and Payne's and the Bank of England"—I proceeded on with them towards the station-house, and as we went along Alexander said to Kerp and Willbeam, "I have been looking for you the last two or three months, and have got you at last"—I kept them both in custody, and in proceeding on, Alexander said to Kerp, "Your father has gone to Germany with 3000l. or 4000l. belonging to the bankers, and they will rue it when they find it out"—at that time the three prisoners were with me—after that some words passed between Alexander and Wilbeam, which I did not understand, as it was broken English—Wilbeam then said to me that Alexander had got no change against him—Alexander instantly said, "No, I have got no charge against him," "that is the villain," pointing to Kerp—I then said to Wilbeam' "You had better come along with me"—he said he would—I then came through Coleman-street and Fore-street, and missed Wilbeam—I proceeded with the prisoner, Kerp and Alexander, to the station—the inspector there declined to take the charge—I then, at the request of Alexander, went with Kerp to Messrs. Fuller's, and there, after a conversation, Mr. Fuller gave Kerp in charge—on the 31st of March I went into a coffee-shop, in Victoria-street Little Queen-street, Lincoln's Inn-fields, and saw Wilbeam—I asked if he knew Alexander—he said he did—I asked if he knew me—he said he did not—I was not in my uniform—I then asked if he did not recollect an occurrence which took place on the 6th of Feb., about twenty minutes to four o'clock—he said he did—I told him I was a policeofficer he must come with me—in going along, I told j-him I did not wish him to say anything to criminate himself, I did not wish him to say anything that would be against him in Court, as he was talking to us—(an officer named Speak was with me)—he said he did not care, he would speak the truth—he then said that Alexander gave him the order to go to Fuller's to receive change for the check for 500l. that he changed it, and got four 100l. and two 50l. notes, which he gave to Alexander, and he was to have 25l. for his trouble.
Cross-examined by MR. PARRY. Q. Did both you and Speck go to the
coffee-house? A. Yes—we were both in plain clothes—I had my uniform on when I saw him in the City—Alexander and Kerp were in custody when I took Wilbeam, and had been examined, I dare say, half-a-dozen times—I had not ascertained from Fuller's that it was 100l. notes that were given for the bill—I was told by Alexander what the notes were—Speck and I went to the coffee-shop from information received—Speck had been in the case before—Alexander had been given in charge for stealing a half-crown—we both knew the facts of the case as they had been stated at the Police-court—Wilbeam said himself that he changed the check or order for 500l.—they were not my words—we both cautioned him—I told him before he said anything not to criminate himself, as it would be used in Court against him—that was in Queen-street—Speck cautioned him immediately after—a man named on was also with us—I was conversing with Wilbeam for about ten minutes on the matter, on the way to the Police-court—I have heard that he is a journeyman painter—when Alexander and him were talking on the 6th of Feb., I did not understand what they said—I have not said I heard them speaking in a foreign language—I have been in the police eight years—I went with Wilbeam to Mr. Taylor, of Furnival's Inn—I left him on the landing with my brother officer, while I went to inform Mr. Taylor I had got him
Cross-examined by MR. CHARNOCK. Q. Alexander beckoned twice before you went over? A. Yes—as people frequently beckon to omnibuses, I did not go at first—Kerp ran away when I ran over—he got about half-way up the court—I ran after him,. leaving Wilbeam with Alexander—there was plenty of time for them to get away—I should have had to go a good way to find another policeman—I saw one half way down Moorgate-street, but I did not want assistance—the conversation was in broken English—Alexander is a Pole, and speak rather bad English—we went to Fuller's, bank, after going to the station—the inspector said we might go to Fuller's, if Alexander thought proper—Alexander said nothing, but went with us—after he gave them is charge, I put my hands on them both—I then walked behind the two—Alexander walked alongside Wilbeam, Kerp was outside, Wilbeam in the middle—I kept my eye on the three—some words passed between wilbeam and Alexander in Moorgarate-street, and then Wilbeam and Alexander stood talking together—they walked together behind me, and I kept Kerp—I did not conceive wilbeam was in my custody then, as he said he had no charge against him—I did not say, "Why, you said you had a charge before"—I did not see Wilbeam leave—the station-house is about ten minutes' walk—I missed Wilbeam about three minutes' walk from the station—Mr. Taylor is solicitor in this case—I met Alexander at Mr. Taylor's once since this, but had no conversation with him about this charge—he was in the private room, and I in the outer office—I do not know what his business was—I am not aware of a reward in this case.
MR. CLARKSON. Q. Was it in consequence of Alexander's telling you he had no charge against Wilbeam, that your attention was diverted from him? A. Yes.
WILLIAM CARTER GATES . I am acquainted with Alexander's hand writing—(I was his attorney once)—the words, "Received, J. Brown," at the back of this bill, I really believe to be his writing, but I have my doubts of it—I have strong reason to believe it is—here is the name of "J. Jones" on one of the 50l. notes—I really believe that to be Alexander's handwriting—here is the name of "Aldridge, Millwall" on one—I have the same doubt of that as of the name on the bill—it is similar to the writing on the bill, but the "J. Jones, 10, Church-street," I am positive of—Alexander can write almost any
hand—"Jones" is more undisguised—I believe the other to be his writing also—he was not my clerk.
Cross-examined by MR. CHARNOCK. Q. You have no doubt about the name of Jones? A. I have every reason to believe it is his—I only speak to the name of "Jones, 10, Church-street, Trinity-square"—I can swear, and feel confident, that is Alexander's writing—I saw it first before coming into Court last sessions, and stated my belief to the solicitor—I have seen him write a great number of times, and have no doubt of its being his.
Prisoner Alexander. Q. How long have you known me? A. Since March twelve months—I became acquainted with you at your attorney's, Mr. Richardson's—I forget where I resided then—I am a solicitor—I was admitted in 1824—I took the benefit of the Insolvent Act sixteen years ago.
THOMAS RICHARD BEEBY . I live in Kirby-row, Kingsland. I don's know whose writing this "J. Aldridgs, Millwall," is, on this note—this "J. Jones, Church-street, Trinity-square," on the other 50l. note, I believe to be Alexander's writing.
COURT. Q. What means have you knowing his writing? A. I have known him since 1838, and seen him write at least 500 or 600 times—I cannot speak to this" Received, J. Brown," on the back of the bill.
Prisoner Alexander. Q. What are you? A. Clerk to Mr. Ball, attorney, Dyer's-hall, Dowgate-hill—I have been with him six weeks—I know John Jubilee Spiller—I never was indicted for conspiracy—spiller was indicted for conspiracy, and acquitted—I knew Gordon, who was indicated with him at the Old Bailey—I have not the slightest feeling against Alexander, and have not endeavoured to get people to bring cases against him.
GEORGE ARTHUR FULLER . I am a banker, and carry on business with my brother in Moorgate-street. On 6th February, Edwards the policeman, came to our house with Kerp and Alexander—Alexander stated that he had come to give us information that we were forged upon to a large amount, by a gang of German swindlers—I asked how he knew a forgery had been committed on our house—he said he had either heard it at Samuels', or Samuels had told him of it; and if we referred to our books on 29th December, we should find that we had paid a forgery for 500l.—I knew we had paid a forged bill, but could not recollect the date—I called the clerks—Mr. Baker brought his book, and we found that was the day the forgery was paid—I gave Kerp in charges, as Alexander said he was one of the parties—Kerp was in charge of one of the officers, in the outer office, at the time—Alexander was in the back office.
MR. BALLANTINE to MOSES SAMUELS. Q. Did you ever tell Alaxander a forgery had been committed on Fuller's bank? A. Yes; three days after he came to my house and I stated it to him, and showed him the trowsers—that was the first time I saw him after the forgery.
(Charles Cox, of Cobham-row, Clerkenwell, and Francis Cohen, of King-street, Hammersmith, gave the prisoner Wilbeam a good character.
WILBEAM— GUILTY . Aged 33.
KERP— GUILTY . Aged 24.
Transported for fifteen Years.
ALEXANDER— NOT GUILTY .
MESSERS. CLARKSON and ROBINSON conducted the Prosecution.
house for the last two or three months—about the 16th of March, for particular reasons, I got a half-crown marked by Martha Kemp—I saw it marked with a pin—she scratched the name Martha on it, and put it on the mantelpiece—the prisoner called that day, I had seen the half-crown about an hour before he came in—he gave me a letter, in the German language, to read, while I was reading it my face was turned from the mantel-piece—he stood by the fire—when I had finished the letter I gave it him back, and he took his hat and went away—I missed the half-crown, and informed my husband—he went after the prisoner—nobody but the prisoner had been in the room from the time I saw the half-crown on the shelf till I missed it—this produced is it.
Prisoner. Q. How long have you known me. A. Five or six years—when I first knew you, you lived in Peahen-court, Bishopsgate—you called on me then as a friend, that was all—you never lent us any money—I and my husband did not call on you, before the Jews' Passover, to go with my husband and buy some skins to suit us, and have the profit of the skins for the benefit of the Passover—you had called on the Friday before the 16th March, when I missed some money—you did not call on Monday—I can read and write German a little, not English—I could not well mark the half-crown—I was present when it was marked—it was done in my room on the 16th March, in the morning—I was not aware that you were coming there that day—when I had told my husband I had missed the half-crown, he was down stairs in the back-place—my husband was indicted for conspiracy—Harris Michael was his bail—I do not know that on the Tuesday before this happened, you had caused a writ to be served on Michael Harris for 76l.—I have not seen him at our house since you served him with a writ—I was not aware that Kerp was taken up by you for forgery—I speak German—I am not a countrywoman of Kerp's—I so not know where he comes from—I know Miss Thompson—I know Hyam Route—I do not know that Miss Thompson is Hyam Route's sweetheart.
MR. CLARKSON. Q. When was your husband indicted? A. I cannot recollect—he was acquitted.
SAMUEL ALEXANDER . I am a dealer in furs. The prisoner is no relation of mine—he was in the habit of calling at my house, 2, Union-street, Spitalfields, for four or five months, and very often before for five or six years, but not above five or six times—I knew of the half-crown being marked and put on the mantel-piece—I was not aware that the prisoner was about to call on 16th March—I was in-doors below, when he called—the half-crown was on the mantel-piece—when I went below—nobody was in the room when I left except my wife and the prisoner—I did not see him leave the house—my wife came and told me he was gone—I went out directly and overtook him in Barbican, near Chiswell-street, and saw a policeman, and gave him in charge for stealing a half-crown—the policeman went up to him and said "You must go into custody—this man gives you in charge for stealing a half-crown" I went with him and the policeman to the station—he was searched—I saw some gold, silver, a duplicate, and some flash notes, found on him—before he was searched the inspector asked what I brought him there for—I said I charged him with stealing a half-crown—I described it as marked—said that I could not read English, but that it was marked by a person I could bring forward—it was marked by Martha Kemp.
Prisoner. Q. How long have you known me? A. Five or six years—I never borrowed money from you, I swear—I did not owe you 8l. on the 16th of March, nor did I promise to pay part of if—I was not a farthihg in you in your debt—I did not pay you 1l. in silver, on the 16th of March.
Q. Did you not meet me once in Holborn, with a friend of mine, and I ask you for the 8l., and you answer me that you could not pay me all at once, as the Passover was near? A. No, never—you never lent me a halfpenny—I have known Harris Michael, seven, eight, or ten years perhaps—I have been in London nearly fourteen years—I never came to your residence, 23, Union-street, to ask you to lent me a farthing—I swear that I and you did not leave my house together on the 16th of March—we did not go to a public-house in Bishopsgate-street, and ask for half a quartern of rum and shrub—I never drank with you in my life—I swear I did not go with you to Sun-street—you left my house without my knowledge—you had told me you lived at Islington-green—I went the direct way to your house, into Sun-street, Bishopsgate, and into Finsbury-square—I was running very quick, and saw him in Crown-street—I was looking round for a policeman, to give him into custody—Crown-street is ten minutes' walk from Barbican—I could not see a policeman all the way—my wife had told me the half-crown was marked—she showed it me on the mantel-piece—she put it there because I had lost several things every night—I had lost three shillings on the 12th of March, when you came into my house—there is a coffee-shop—you came through the shop, knocked at the door, and went to have some coffee—I was unwell, and was in bed at the time—I had three shillings on the mantelpiece—I missed them, and went to the policeman about it—I was indicted by a person of the name of "Phillip James," for concealing tradesmens' goods, but there was no Phillip James—nobody came against us—it is about two years since—very respectable people were bail for me—Harris Michael was one—I know that you have served him with a copy of a writ—last time I saw him was on Tuesday night, after I gave you into custody—he would have nothing to say to me—he has not given me money to prosecute you for the half-crown—it is at my expense—he has paid me nothing—on the 17th of March I was examined before Sir Peter Laurie—I believe I made the same statement that I have now—he did not say he would not believe one word I said—he asked if I was a Polish refugee, and whether I kept a gin-shop—you were remanded about this half-crown.
MR. CLARKSON. Q. You got the half-crown marked in consequence of a previous loss? A. Yes—I consulted Fitzgerald, the policeman, about it—he recommended marking it—I never owed the prisoner a farthing.
SAMUEL SPENCE (City police-constable, No. 119). On the 16th of March I was on duty in Barbican—the prisoner was given into my charge by the prosecutor—he stated what it was for—I do not think the prisoner could hear it—I told him he was charged by that gentleman with stealing a marked half-crown—he said, "My God! me got no silver, me got gold," and put his hand to his pocket—I took him to the station, searched him, and found on him five sovereigns, and twenty-two shillings and sixpence in silver, and this half-crown.
Prisoner. Were not you present at the time the first statement was made by me to the prosecutor? A. There was no conversation between you till you got to the station—then you said, "My God! you owe me 8l., and have paid me 1l. of silver, and gave me the half-crown."
MR. CLARKSON. Q. That was after he had no silver? A. Yes.
MARTHA KEMP . On the 16th of March I was in the service of Mr. Wills, of Union-street, Spitalfields, the same house as the prosecutor—on that day I was requested by Mr. Alexander to mark a half-crown for
her—I marked it with a pin—this produced is it—I put "Mar" in one corner, and "tha" in another—I gave it to Mr. Alexander.
Prisoner. Q. Can you write? A. Yes—(here the witness, at prisoner's desire, wrote her name)—the half-crown was marked the same morning—I was fetched home by my husband after you were taken in custody.
[The prisoner, in a long and unconnected defence, stated that the whole charge was the result of a conspiracy against him, between the prosecutor and Harris Michael, to prevent proceedings against Michael, whom he had served with a copy of a writ; that the reason the prosecutor did not take him till he got to Barbican was that he should be taken to the Police station at which Edwards was stationed, and that the prosecutor never stated to the policeman that the half-crown was marked.]
----SMITH I do not know the prosecutor by name—I have seen him—( looking at him)—I recollect the time Mr. Lacom resided at the prisonner's house—I was in the habit of seeing him there—to the best of my belief, I saw the prosecutor there—I will swear I have seen him there—I recollect the prosecutor calling there about some favours the prisoner had done him—I cannot exactly say what he said—they were talking on matters of business, I cannot say what—they seemed to be the best of friends—it is a long time ago—I cannot charge my memory to swear to anything that passed—I do not recollect his calling and telling the prisoner if he lent him 3l. he should have some skins—I recollect meeting him with the prisoner in Holborn—I heard the prisoner ask him to pay him some money he owed him.
COURT. Q. When was this? A. About three weeks before I read the account of the prisoner's examination—the prosecutor said he could not pay him then, but he would give him some by instalments—I think he said the following week he would give him some.
Prisoner. Q. Were you at Guildb✗all when I was examined? A. I was there twice when you were examined—this case was commenced the first time, and it was put aside, and another case was commenced.
MR. ROBINSON. Q. What are you? A. I have been doing nothing, for nearly twelve months—I was in the Custom-house before that—I was there from Oct., 1841, until last Nov.—I was off duty some time, because I was in debt—I was not turned away—I absented myself from duty, and was suspended—I have not been in trouble besides being in debt—I have been a witness in a Court of Justice before—I think in the case of Simeon, against some bankers at Salisbury—I do not know that Alexander had anything to do with that—I had nothing to do with it—he was there, not conducting the case, nor was he a witness—I was for the plaintiff—I do not know whether Alexander was for the plaintiff—I know nothing about by whom he was employed—my subpcena✗ was served by an attorney, of Lyons Inn, named Richardson—I have it in my possession now—I did not know at that time that Alexander was clerk to Richardson—I am not bound to say how I get my living—my friends are very well off, and support me—I have not been here as a witness before—I am now with an attorney—I do not know that I am bound to give his name—I have been with him three weeks or a month—I write at his office, and get paid for it every day—his name is Wood—he has put an execution into Gates' chambers—I have seen Samuel Alexander at different times, at different residences—I saw him at Islington, and Brompton; I was with Alexander when we met him in Holborn; I had met him in the neighbourhood of New Oxford-street; I was coming from my uncle's.
COURT. Q. How came you to have any doubt the prosecutor's identity, if you had all this conversation about three weeks ago? A. I had no conversation with the prosecutor; and their names are both alike; I was present at the conversation between them; I looked at the prosecutor, as I wished to be careful.
MR. ROBINSON. Q. How long did the conversation in Holborn last? A. We were in a public-house opposite Gray's-inn lane about ten minutes—we had something to drink—I think it was the second time the prisoner was charged that I was at the Police-court—I did not offer to give evidence—I was not asked to go then—I saw it in the newspaper, and went, having nothing to do—I have seen him once since that, in Newgate—it must be there weeks ago.
JOHN THOMPSON . I am a foreigner. I have known the prosecutor four or five years—I have done business with him once or twice—I know Mr. Alexander—I do not know whether she knows me—I should hardly say she did—I believe I was once at her house, never more—I never had dealings with her—I cannot say whether she knows my daughter—I think I recollect the day the prisoner was taken into custody, by a policeman coming for me about seven o'clock in the evening, and informing me that he was taken into custody—he had been at my house, it may be between one and two o'clock that day, and told me the prosecutor was indebted to him 8l.—I understood repeatedly that that was so—I have known the prisoner personally about twelve months—all I know about his character is that he has paid me honourably for what I have done—I cannot say as to his previous character.
MR. ROBINSON. Q. Do you know of any charge being brought against him? A. I do not—I have heard such things—I have seen it published in placards—I saw the bills some three years ago, but I knew nothing of him personally then—it was about forgery and other things I was not acquainted with—I am not giving him a character—I know that he has been sentenced to six months in the House of Correction for fraud, by a paragraph in the paper—I did not serve writs for Alexander—my name is John Thompson—this paper is not my writing—(looking at one)—I cannot say whether it is my son's—I think it is like his—I have no doubt about it—I cannot swear it is—I believe it to be his—I think my son served a writ for Mr. Alexander on one occasion.
JACOB JONES . I recollect Samuel Alexander being examined before Sir Peter Laurie, on the 17th of March—he stated that prisoner was in the habit of calling at his residence, to teach his wife languages—on cross-examination Mr. Alexander said that that was not true—that he did not teach her.
GUILTY. Aged 50.—Recommended to mercy— Transported Seven Years.
There was another indictment against the prisoner—he was also convicted of a misdemeanor in 1837.
NEW COURT.—Wednesday, May 12th 1847.
PRESENT—Sir CHAPMAN MARSHALL, Knt.; Sir JOHN PIRIE, Bart., Aldermen; and Mr. COMMON SERGEANT.
fifth Jury, before Mr. Common Sergeant
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 14.— Confined one Month.
MR. DOANE conducted the Prosecution. JAMES PHILLIPS. I am a member of the College of Surgeons. I reside at the Lunatic Asylum at Bethnal-green—I have dealings with Mr. Elliott, and was indebted to him fourteen guineas—I had the account by me—on the 10th of April a person came for the money—it was a person like the prisoner—I could not swear to him—I said I would pay him, and said, "You allow a discount on this, of course"—he said, "No"—I said, "It is very extraordinary you should have it stuck on the top of your bill, that you allow a discount, if you do not,"—he said, they get very little by it; the buckles were made to order, and the webbing they get very little by—I thereupon gave him a check for the full amount, fourteen guineas—I asked who their bankers were, and he told me Hanbury's—I crossed the check—he did not return me 14s., or any other sum, either then or at any time.
Cross-examined by MR. BALLANTINE. Q. How long had this bill been delievered? A. Perhaps six weeks—it states at the top of it "seven-and-ahalf per cent. For ready money; six months current, five per cent."
JOHN HAWKINS ELLIOTT . I am a saddler's ironmonger, and live in Martin's-lane, Cannon-street. The prisoner was my clerk—he has been so about nine months—it was part of his duty to call for accounts due to me—On Saturday, 10th April, I sent him to the Lunatic Asylum✗ for an account owing to me from Mr. Phillips—he brought me back the check for 14l. 14s.—he said it had been written for him against he should call—he said Mr. Phillips asked him for the discount, and he said, considering he had been a good customer he would allow him the discount, and therefore he gave him 14s.—he gave me this check with another check, and I gave him the 14s. which he said he had paid to Mr. Phillips—I gave him a half-sovereign and four shillings, believing his statement—this receipt is in his writing.
Cross-examined. Q. Were any wages due to the prisoner? A. I do not think there were—he was paid as he made application for money—he had just completed nine months with me—up to a day or two before that his wages were 80l. a-year, and I meant to advance them to 85l. a-year—I cannot tell what I had paid him, whether his account was strictly balanced to a few shillings—I believe he was rather overpaid—I really cannot say whether there was 2l. in arrears—he had applied to me a few days before this for the settlement of an account of a few shillings—I was very busy at the time settling a cash account, and told him I could not go into it—I could not give him the money then, to come again—he never applied to me after that—if I had settled this account with Mr. Phillips I should have allowed him five per cent.—he was entitled to five per cent.; but he was a retail customer, and the rule of settling accounts with wholesale and retail customers is very different—there is not a distinction made on the bills of wholesale and retail customers—I am obliged occasionally to accommodate a few retail customers—to these small accounts the discount is not always allowed—the accounts are not always sent out on these printed forms—if
bills of this kind are sent out to the customers we never refuse their demand of discount.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by Jury and Prosecutor.— Confined Two Months.
JOHN EASTMEAD . I am a porter in the service of Samuel Taylor and another, in Gracechurch-street. On 3rd May, about a quarter past five o'clock, I saw the prisoner enter the shop door, take two baskets and walk away—I went after her, and took her with the baskets—I told her to come back—these are the baskets—they are my master's.
Prisoner. I am very sorry I did it; I was in liquor.
GUILTY . Aged 49.— Confined Three Months.
EDWARD RILEY . I sell oranges in the street. On the evening of the 14th of April, I was near the Great Western Railway, serving a boy with some oranges—I dropped two sixpences, the prisoner was standing there, but I did not see him pick them up—he went a away, and the boy told me something—I went and asked the prisoner for my sixpences, he said he has not got them—he went down the railway-steps, and the officer took him—he searched him, and then knocked the two sixpences out of his month.
FREDERICK SMITH . I am a policeman on the Great Western Railway—I took the prisoner—I asked him if he had got any money belonging to Riley—he said he had not got any—I searched his clothes, and found no money about him—I patted his cheeks, and heard money chink—he put his fingers in his mouth, and took out two sixpences—the prosecutor had told me that he had got some of his money.
Prisoner's Defence. I was coming over the bridge—I saw two sixpences lying on the ground, and picked them up—I went down the railway steps—the prosecutor came and asked me if I had found a shilling—I said no—the policeman came up and asked if I had found it—I said no—he proceeded to search me—I took the two sixpences out of my mouth, and said that was what I picked up—it was not a shilling.
WILLIAM GLASCOCK (police-constable D 22.) I produce a certificate of the prisoner's former conviction—(read, "Convicted 3rd Dec. 1844, by the name of John Moore; and confined two months")—the prisoner is the person.
GUILTY . Aged 20.— Confined Three Months.
1142. WILLIAM GREEN was indicted for stealing 1 shawl, value 10s., the goods of Margaret Montgomery Johnstone ; also, 1 pair of spectacles, 3l. 5s.; 1 spectacle-case, 1l.; 1 top of a mustard-pot, 4s., of Thomas Lydale ; also, 1 watch, 7l.; 1 seal 5s., of Elizabeth Watkins, in her dwelling-house; also, 1 spoon, 3s., of Caroline Bifield; and 1 brooch, 7s., of Harriet Sophia Bifield; to all of which he pleaded
GUILTY . Aged 28.— Transported for Seven Years.
The prisoner being a foreigner had the evidence communicated to him by an interpreter.
Prisoner. He lent me the jacket three days previously. Witness. I lent it him till I got a ship for him.
LEWIS CRISP . I and the prisoner got a ship—the Schooner Spirit—after we got it, we went home to Mr. Hart—she told the prisoner to put down the jacket, and he did so; he then took it from the window-ledge, put it on, and said, "I am only going to the water-closet" I ran after him, and he was gone—we never saw him for four days, when we picked him up in Rosemary-lane, with two wenches—I went on board the Spirit, at three o'clock in the morning—the jacket was not on board.
GUILTY . Aged 28.— Confined Six Weeks.
JOHN GREENFIELD . I am assistant to James Richmond Smith, a linendraper, of No. 133, Tottenham Court-road. On the 9th of April, about six o'clock, we had some printed cotton safe—I received information, and ran out—I saw a bag lying on the ground; I picked it up—it contained the 136 yards of printed cotton—it is my master's—it was stolen out of the shop.
JOB DICKS (police-constable E 44.) At a quarter before seven o'clock, on the 9th of April, I saw the prisoner going about Warren-street with this bag, and its contents under his arm—I crossed the way, he dropped the bag, and ran away—I ran and caught him—I was bringing him back and met Greenfield, who had picked up the bag—I am sure the prisoner is the person who dropped it.
Prisoner. I was standing at the corner of Warren-street, waiting for my mother—a respectably dressed gentleman asked if I would earn 6d.—I said, "Yes"—he said, "Go and wait, and I will bring you a parcel" he brought this parcel, and he saw the officer, and said to me, "Drop the bag, here in a policeman coming"—he ran down a mews, and the officer cried, "Stop him."
Witness. I called, "Stop him," meaning the prisoner—I saw no other man with him—he said, another man gave it to him, and he was not the party who had the bag, but I swear he was.
JOHN PACKER (police-serjeant E 14.) I produce a certificate of the prisoner's former conviction—(read—"Convicted the 11th of Feb., 1845, and confined three months")—the prisoner is the person—he does no work—he associates with a gang of thieves.
GUILTY . Aged 17.— Transported for Seven Years.
him twelve on fourteen shillings, some sixpences, and eight-pence halfpenny in copper, on the 6th of April—he was to pay 18s. to a Loan Society in Tottenham Court-road, in the name of Taylor—I gave him a book, and he was to lay out eight-pence halfpenny for bread—he did not come back till the Friday evening following—he then told some of the customers that he had spent the eight-pence halfpenny, and lost the other money—I gave him into custody.
Prisoner. She gave me leave to go to the fair, and I lost the money, the book, and all. Witness. I gave him leave to go till eight o'clock—I did not speak to him when he came back on the Friday.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
JOSEPH JOB MARTIN . I keep the Monster public-house, in St. George's road, Pimlico. The prisoner was in my employ as potman—he came on the 29th of March, and staid till the 3rd of April—I arranged to give him 6s. a week, and that all the beer he tool out in the field and sold I was to give him half-a-crown in 1l. for, and all monies he received he was to give me an account of every night—he had accounted the first four or five days—on the Saturday he went with beer as usual—he went out at four o'clock in the afternoon and did not return—I did not see him again till he was in custody.
Cross-examined by MR. PAYNE, Q. He had not received his wages, had he? A. No; he wrote two letters to me afterwards, offering to pay the money and give security—he said, in a letter, that he got intoxicated and lost the money, or was robbed of it—he had left 2l. in the hands of the landlord of the Lord High Admiral, but he fetched it away again—if he received money on the Saturday he did not pay it me—he wrote to me three or four days afterwards.
JAMES PARKER . I am a temperer for the brickmakers. During the week, ending on 3rd April, I had beer from the prosecutor's—it was delivered by the prisoner—On Saturday, 3rd April, I saw the prisoner, and paid him 2s. 4d. for beer which he had delivered to me from Mr. Martin.
CHARKES WRIGHT . I burn bricks in Mr. Cubitt's brick-field. I had beer from Mr. Martin's, it was brought by the prisoner—I paid him on Saturday night, 3rd April, 5s. 7d. for beer I had during the week.
Cross-examined. Q. What time on the Saturday night did you pay him? A. Between six and eight o'clock.
STEPHSEN CHAMBERLAIN (police-constable B 76.) I took the prisoner on the 13th April, in Garden-street, Vauxhall—I said he must consider himself my prisoner, for receiving various sums of money of Mr. Martin's—he said he had been to the Monster that day—I said, that I knew nothing about it, he must go with me; he said, "Very well."
Cross-examined. Q. Did he say any more? A. No; he said very little in going to the station—he said he had received the money, but money, but made away with it—he said something about his drinking that night.
GUILTY . Aged. 25.— Confined Six Months.
GUILTY . Aged. 28.— Transported for Seven Years.
GUILTY . Aged 59.— Confined One Year
HENRY GEORG BOHN . I live at Nos. 4, 5, and 6, York-street, Coventgarden. I had some copies of a book called. "Domestic Cookery," they were tied in brown paper—I should know the paper again—this now produced is it—it was tied up by a witness who is here—this is his writing on the paper.
FAKDERICK COX (police-constable C 329.) On 30th April, about a quarter before one o'clock in the afternoon, I was called to Mr. Noble's, a bookseller, in Fleet-street—he said the prisoner had offered these nine books for sale, for 1s. 9d. each—I tool him into custody with the books—I received this wrapper from Mr. Noble the next day.
Prisoner's Defence. A person asked me to all sell them for him.
GUILTY . Aged 18. Confined One Year.
JAMES TURNER . I am horse-keeper to an omnibus proprietor at Turnhamgreen. I was in my master's yard about half-past seven o'clock on the 10th of April—the prisoner was helping me there—I had a few words with him that day about his being so long gone from his work—he ran into the stable, got a fork, and ran at me with it—I wrenched it form his hand, and put it down under the stable window—he ran and fetched a second fork, and stabbed me with it—the prong entered my left temple, and he struck me with the fork on my head—the would bled—I was taken to the doctor—I was ill a fortnight—I had not said anything to the prisoner to justify this—we had some words—I had not struck him.
Prisoner. You had twice, and kicked me in the face likewise; you knocked me down; I was getting up, and you knocked me down again; I said there was no occasion for anything of that, and you said, "B—r you, I will, "and you kicked me with your nailed shoes. Witness. No, I did not.
Prisoner. Q. Did you see me at all? A. Yes, I saw you strike him on the head with the fork.
FREDERICK DODSWORTH . I am a surgeon. The prosecutor was brought to me—he was in very low and sinking state, having lost a great deal of blood from the left side of the head—the bone was quite here—the danger ensued on the following day from erysipelas coming on—below the wound on the temple there was a puncture which had divided an artery, and accounted for the loss of blood.
Prisoner. He began with me first.
GUILTY . Aged 48.— Confined Eighteen Months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY. Aged 24.— Judgment Respited.
1153. FRANCIS M'CARTHY was indicted for burglariously breaking and entering the dwelling-house of John Carter, at St. Pancras, about the hour of eleven in the night of the 17th of April, with intent to steal, and stealing therein, 1 kaleidescope, value 3s.; 1 brooch, 10s.; and 1 ring, 10s.; the goods of John Carter: and 1 pencil-case, value 2s. 6d., the goods of Emily Reddeford:— also, for burglariously breaking and entering the dwelling-house of Catherine Blayney, at St. Pancras, about the hour of ten in the night of the 17th of April, with intent to steal: to both of which he pleaded
GUILTY .* Aged 20.— Transported for Ten Years.
MESSRS. BODKIN and DOANE conducted the Prosecution.
JAMES BRANNAN (police-sergeant G 20.) I went with a number of other police-constables, on the 19th of April, about one o'clock in the afternoon, to No. 3, Peartree-street, Westminster—the outer door of the house was open—I went up stairs to the second-floor front room—the door of that room was securely fastened with an iron bolt and a chair behind it, and the bedstead against it—I broke the door open, and then found it had been barricaded in this manner—when I got in I saw the male prisoner standing on a chair behind the door—his coat and waistcoat were off, and his shirt sleeves tucked up—he resisted very much—I pushed him into the arms of Neville, and at that time I saw his wife raise up the window with her left hand, and put her right hand out—that was after I had given her husband into custody—I gave Hawkins instructions to take the woman into custody—I looked at the fireplace—there was a clear coke and coal fire burning—it was rather a fierce fire—close to the fire-place there was a table, on which was a number of counterfeit sixpences, some in a tea-cup and some on the table—I laid hold of them—they were warm—eight of them were filled at the edges, and three
were not—the get was not attached to any of them, but apparently was broken off—here are the three which are in a rough state, with the get broken off—these other eight have been filed at the edges—I saw a pail containing some water—I put my hand into it, and took out some pieces of plaster-of Paris—one of them has a circle on it about, the size of sixpence—I placed a sixpence on it—it was about the size, but the plaster was partly perished in consequence of being in the water—I wrapped the pieces of plaster soparately, and was putting them and the sixpences, in a handkerchief, into my pocket, and the male prisoner sprang from the bed, on which he was sitting, handcuffed; he got the handkerchief from my hand, and the pieces of plaster fell about the place—he put his foot on one, and said, "Now, you b——r, I have done it"—there was no plaster on the sixpences before that, but they then got mixed with the plaster, which gave them the white appearance they now bear—I examined the cupboard, and found a small portion of plaster-of-Paris in powder, which I produce.
Cross-examined by MR. PAYNE. Q. How many of the sixpences were warm? A. They were all warm—I do not recollect any being cold—some were warmer than others—I saw his wife open the window with her left hand, and put her right hand out—I saw Sergeant Tate at the fire-place—I am not able to say what he did—I have not received any money for this—I do not know anything about that—there was a sunken circle on the plaster-of-Paris, but no letters—it is about the size of a sixpence.
HENRY TATE (police-sergeant G 2.) On the 19th of April I went with Brannan to this place—I assisted in forcing the door of the room—the two Prisoners were in the room—I went to the fire, and found a number of counterfeit sixpences—some were on the fire, partly melted, and others were whole—I found a spoon, which had contained metal, on the fire—the metal was upset on the fire, and some sixpences appeared as if they had been thrown, there—I produce them—here are four whole sixpences and four half sixpences—I found eight gets, and a part of a sixpence with a get attached to it—I found three files, and one of them had the appearance of while metal in the teeth of it—I saw Brannan take some white plaster out of the pail.
JAMES NEVILL (police-constable G 152.) I was the other officers—Brannan shoved the male prisoner into my arms—I saw the female prisoner lift up the window with her left hand, and throw her right hand out—I picked up a sixpence close by where she was standing at the window—I produce it.
HENRY HOLLOWAY police-sergeant B 29.) I waited outside the house—I saw a female throw something out of the window with her right hand—it fell close to me—it was two counterfeit sixpences—these are them.
MR. JOHN FIELD . I am inspector of coin to the Royal Mint—the sixpences produced are all counterfeit—they have been cast in two different moulds—some are dated 1840, and some 1845—some of them have been field on the edges, to remove the surplus metal left by the get, and three or four have not—this piece of plaster-of Paris appears to have been part of a mould—at present there is no impression on it—it appears to have been intended to cast sixpences—the circle is still on it—I apprehend it has been a mould for casting two sixpences at a time—there are parts of two circles—that is exactly the way in which such counterfeit sixpences would be made
by castng whit metal and pouring it on the plaster-of-Paris mould—this mould is broken, and here is only part of it left—here is a get which has part of a sixpence attached to it now, which would appear as if it came from the mould—this whit metal has been partly melted, and seems to have been thrown in the fire—this iron spoon would enable parties to melt such metal—it has white metal in the bowl of it now—a clear coke fire would answer the purpose well—here are three files—one of them has white metal in the teeth of it—the whole of these things are what are used for casting coin—here are three or four sixpences, some of which are partly melted, and some not—they present exactly the appearance of having been thrown suddenly on a fire—a mould made of this material, and thrown into water while it was warm, would have the impression obliterated very soon.
Cross-examined. Q. How long would it take to melt? A. I suppose not less than five minutes—the impression would be destroyed much earlier.
MR. PAYNE called
ANN COLLINS . I live at No. 1, Old Pye-street, Westminster. I have known the prisoners about nine months—they lived in the same house with me about six months—they lived together, and passed as man and wife—I let them the room afterwards—they were reputed to be man and wife—they slept together, and had their meals together.
MR. BODKIN. Q. What name did they go by? A. I always called her Mr. M'Manus—the man went by a nick-name—they used to call him Joss—I have always heard the woman called M'Manus, and she answered to thatname—they passed as Mr. and Mr. M'Manus—they left the house I live in about a month before Easter—my husband is a journeyman baker—I am kept in that house to look after it—it belongs to Mr. Abbott—it is a lodging-house—men come and hire a lodging for a night—the two prisoners took the room together—I let it them—they have now a two pair of stairs front room, at 3s. 6d. a week—the man gets his living by selling things in the street—the woman goes out washing or charring, or anything she can do—I know that her mother lives at Chelsea—I saw her one day last week, when she was coming to get a Counsel for her—I do not know her sister—I have heard her say she had a sister—I never heard her say her sister was married to a man named M'Manus.
WILLIAM M'MANUS— GUILTY . Aged 29.— Transported for Ten Years.
ELLEN M'MANUS— GUILTY . Aged 27.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a certificate of the conviction of Robert Eldridge at this Court at the Feb. Session in 1844—I have examined it with the record in Mr. Clark's office—it is a true copy—(read.)
CHARLES FISHER . I am a drover, and live in Silver-street. On the 21st of April I was playing at skittles in the yard of the Swan public-house at Nothing-hill, between five and six o'clock in the evening—the prisoner was there—I was paying with him for 3d. and a pint of beer—he lost 6d.—he
gave me half-a-crown, and I gave him two shillings change—I put the half-crown into my pocket—I then sent for a pot of beer, and London, the potboy, brought it—I gave him the same half-crown that the prisoner had given me—I got two shillings change—Mr. Robson, the landlord, came to me, and complained of the half-crown—the prisoner was then gone—I went with London to find him—I went to Kensington—I could not find him—I was coming back, and saw him down Holland-street, and said to him, "You gave me a bad half-crown"—he said not that he was aware of—I said, "Give me my money back, and take your bad"—he refused, and I gave him into. custody to Eastland, the policeman, and gave him the half-crown.
Prisoner. I was playing with two men in the skittle-ground, and I betted with you, and I lost 1s. 9d.; I chucked down half-a-crown on the ground, and it was there for twenty minutes; you won 6d. out of the half-crown, and the other two persons won 4d. a piece; I picked up the half-crown, and offered it to one of them; he had not change; you said, "I have change," and you borrowed 2d., and gave me change; I gave the others 4d. a piece. Witness. I do not know—I was looking at my own game—I did not see the half-crown on the ground—I gave the same half-crown I got from the Prisoner to London—I had no other.
Prisoner. The half-crown I gave him was a different on altogether to this—he put it into his pocket; how do I know but that one of the others picked up the half-crown I threw down, and put another down?
Prisoner. Q. You were in the skittle-ground, and saw me betting with the others? A. Yes-you were betting—you chucked down half-a-crown.
ADAM ROBSON . I am the master of London. I remember his bringing me a half-crown—I gave him change—I was busy at the time—it was never out of my hand—I detected in a moment that it was bad—I marked it, and Fisher went out to look for the prisoner.
ANN OLDERY . My husband is a tobacconist—we live in Church-street, Kensington. On the 21st of April the prisoner came, between three and four o'clock, for half an ounce of tobacco—he gave me a half-crown—I put it into a drawer—there was no other half-crown—I gave him change, and he went away—about eight o'clock that evening my husband came home—I gave that half-crown the same evening to Eastland, the policeman.
THOMAS EASTLAND (police-sergeant T 17.) About six o'clock that evening I was called by London, and took the prisoner—I received this bad half-crown from Fisher—I took the prisoner to the station—I found on him five good shillings—I went to Mr. Oldery's shop—he showed me a half-crown—I gave it him back—I went there again, and received it from Mr. Oldery—this is it.
Prisoner's Defence. I changed a half-sovereign at Walham-green; they gave me three half-crowns, and 2s. 6d.; I came back, and went into the skittleground; they were playing for beer; Fisher said to one of them, "I will play you for 2d.," and I said, "I will play you for a pint;" I lost 6d., and I
chucked down a shilling; I lost that; I then chucked down a half-crown; I gave it to the prosecutor, and he gave me 2s.; I then gave the others 4d. a piece; the prosecutor then went out; I went out, and asked him the way to Kensington; I walked on very slowly, and saw the prosecutor coming; he said, "You gave me a bad half-crown;" I said, "No such thing, I did not give you that half-crown;" he said, "I shall give you in charge;" I waited till the policeman came, and he took me—I took the half-crown to the tobacco shop; whether it was good or bad I do not know.
GUILTY . Aged 18.— Transported for Seven Years.
OLD COURT.—Thursday, May 13th, 1847.
PRESENT—Mr. Baron ALDERSON, Mr. Alderman JOHNSON, Mr. Alderman WOOD, and EDWARD BULLOCK, Esq.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 19.— Confined Six Months.
MARY BUTTEL . I am the wife of James Buttel, of Frizroy-market. On the evening of the 3rd of March, about eight o'clock, the prisoner came to the shop, and ordered 1 cwt. of coals and two bundles of wood to be sent to No. 44, John-street—he returned in about two minutes, and said, "Please send change for a sovereign"—I sent Stennett with the coals and wood, and nineteen shillings and twopence wrapped up in paper—he came back, crying, and gave me these two bad half-sovereigns, which I gave to the policeman.
Prisoner. I am not the person. Witness. You are, I am certain—you came twice.
WILLIAM STENNETT . I am errand-boy to Mr. Buttel. On the 3rd of March the prisoner came to the shop—I am sure he is the man—I heard him say, "Please send 1/2 cwt. of coals and two bundles of wood, to No. 44, John-street"—he went away, came back again, and said, "Send change for a sovereign"—I took the coals, wood, and change, which my mistress gave me"—when I got to No. 44, I saw the prisoner on the step of the door—he asked if I had got the change—I said, "Yes"—he asked me to give it him—I took it out of my pocket—he took it out of my hand, and gave me two bad halfsovereigns.
custody—he never lodged at my house—I did not order any coals—I refused to take them in.
GUILTY .* Aged 21.— Confined Six Months from his former sentence.(See page. 24)
Before Mr. Baron Alderson.
GUILTY , and entered into recognizances to appear for Judgement when called upon.
GUILTY . Aged 17.— Confined Eighteen Months.
MR. BALLANTINE conducted the Prosecution.
NOT GUILTY .
1160. RICHARD MARTIN , and AUGUSTE BRETT , were indicted for feloniously uttering a forged promissory note for 12l. 10s., with intent to defraud Edward Frisby. Three other COUNTS, varying the manner of laying the charge; to which
MARTIN pleaded GUILTY .
MR. BALLANTINE declined offering any evidence against Brett.
NOT GUILTY .
1161. RICHARD MARTIN was again indicted for stealing 12 shirts, value 6l.; 12 collars, 11s.; 6 pairs of gloves, 19s.; 2 cravats, 15s.; 2 scarfs, 1l. 3s., and 6 handkerchiefs, 1l. 15s.; the goods of John Clarks Buckenham ; also, for stealing 1 cost, 3l., of James Ralph and another, and that he had been previously convicted of felony; to which he pleaded
GUILTY . Aged 22.— Confined Two Years.
1162. JOHN POHL was indicted for feloniously assaulting John Alfred Hay, and attempting to discharge a pistol at him, loaded with gunpowder and a pebble-stone, by drawing the trigger: with intent to kill and murder him. 2nd COUNT, stating his intention to be to do him some grievous bodily harm.
JAMES ALFRED HAY . I am a tobacconist, and live at Red Lion-street, Holborn. I have known the prisoner about two years—he is a baker—I do not know where he lives—about eighteen months ago I had a dispute with him—he attempted to stab me in my dwelling-house—he locked himself in my room; and when I attempted to go in, the door was burst open, and he attempted to stab me—I cannot explain his reason—I had not had any dispute with him before he locked himself in—I had not known much of him before—on the 13th of April he came to my shop, and purchased a cigar—as he left the shop he dropped a pistol on the floor, immediately picked it up, Put it into his pocket, and went away—on the 14th of April, about ten o'clock in the evening, I saw him again, walking up and down opposite my shop—at a quarter to twelve I began to close my shop—on going out with the first
shutter, the prisoner moved from where he was lurking, a few doors off immediately opposite my shop on the opposite side of the street, and I heard the click of a pistol, as if being cocked—I immediately called a policeman, who was standing a few yards off, and told him to lay hold of the prisoner—the policeman took hold of him, and I gave him in charge for attempting to shoot me—he was taken to the station—he there said, "I had good reason to do it, he knows all about it."
HENRY ANDREWS (police-constable E 85.) I took the prisoner—he was standing in Red Lion-street, opposite Mr. Hay's shop—I had seen him go from that place, out of a doorway three or four houses off—Mr. Hay was bringing out his shutter when the prisoner changed his position—as I went towards him I saw a slight flash, as if a flash in the pan—I secured him, and took a pistol from him—the pan had the appearance of gunpowder having been flashed from it at the time—the pistol was loaded with powder and a small pebble stone—I asked him what he meant by it—he said, if I did not leave go of him he would turn it into me—at the station he said, "I had good reason for it, and he (meaning the prosecutor) knows all about it"—he was quite sober, and did not appear at all excited—I found a quarter of a pound of coffee in his pocket—I have made inquiry about his state of mind, but know nobody who knows him at all.
THOMAS HINDE (policeman.) I was with Andrews—his evidence is correct—I was before the Magistrate when the prisoner made this statement—it was read over to him before he signed it—it is his writing—(read)—"The prisoner says, 'I am very sorry I did not do it long ago; I know Mr. Hay has been the ruin of me' "—the street is five yards wide.
GUILTY on second Court. Aged 22.— Transported for Ten Years.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WALTER MECKLENBERG . I live in Well-street, Oxford-street. I was a patient in Mr. Byas' Lunatic Asylum, Grove-hall, Bow—I was about to be discharged, and am as well now as ever I was in my life. On the 27th of March I was sleeping in the ward No. 1—the prisoner Garrett was upper keeper there, and Downes his assistant—Garrett slept in the ward No. 1—upwards of twenty persons slept in that ward—in the morning, just at break of day, Garrett called me to assist him—I directly went to his bed, and found him in bed, and William Rance, the deceased, who was a patient, and slept in the same ward, by the side of the bed, holding Garrett fast by the throat with one hand, in the act of putting a leather strap over his head with the other hand—it was a strap which Rance used to wear round his waist—I immediately seized Rance by the arms, and drew him into the middle of the room—he struggled a little with me, and we both fell together; and at the time I pulled him away, he said, "Oh, it is you, Mecklenberg, is it? you are the last person I should have thought"—Garrett got up, and called for Chumley, one of the assistants, but before he came I and Rance had got up—he did not appear injured in the least by the fall, as my arm was under him—he fell on his right side, and got up again without difficulty—Chumley came and tripped his feet from under him, and threw him down—he fell first on his seat, then fell backwards—he was struggling, and I could not perceive that he was hurt by the fall—Garrett then went down stairs for a straight waistcoat, and while he was gone Chumley struck Rance several times about the body and side—Garrett
returned, and Downes with him—they brought a straight waistcoat—Rance was then on the ground, and Downes struck Rance violently about the body and sides—they were all three trying to put the straight jacket on—Rance was striving very much to get away—Garrett called for a handkerchief or scarf—a black one was handed to him—he put it round Rance's neck, and held him down on the floor by it till he became quite.
Q. How was the quietness caused? A. It appeared to me by strangling, holding him down—Rance at that time turned dark in the face, and there was a little blood from his nostrils and mouth—he was quiet after that till the jacket was put on—his arms were tied behind him, and he was carried to his bed by the prisoners—he was then quite manageable, and could not help himself—when he was put on the bed his feet were confined by one or two handkerchiefs tied to them, and then to the lower part of the bedstead—he was laid in his back, with his arms under him—a sheet was passed through between his arms and back, and tied on each side the bedstead; to keep him down—he remained in that state till a little after eight o'clock in the morning—I never saw him attempt to strike either of them down to that time—a little after eight o'clock I followed Garrett and Downes, who went up and released him—they untied the sheet and handkerchiefs at his feet, and took off the jacket—when he was released he was as violent as ever—directly the jacket was off he struck. at Garrett with great violence, and very nearly hit him in the face, but did not do so—Downes immediately struck him on the right side, and knocked him down on the bed—I believe he struck with all the power he had—Rance appeared to me to fall on the left side of the bedstead—he was getting exhausted, and appeared very low—Garrett assisted in holding him down on the bed, having his hand on his head—pride, who is a keeper in the house, came into the ward just at that time, and I then left.
Cross-examined by MR. BALLANTINE. Q. Do you know that Rance had a knife in his possession? A. I heard so, but cannot say I saw it—it was said one was taken from him—I saw it afterwards—he was extremely violent at times, and would fall on any body in his way—he was allowed to be with the other patients—I am certain, unless I had come to Garrett's assistance at that moment, he would have killed him—I believe the reason of his being released about eight o'clock was to dress himself—I know nothing of his being in a filthy dirty state—I did not see them cleaning his clothes—during the struggle it was as much as we could do to manage him—he struggled as hard as he could—he fell on the boards when the keeper tripped him up—after he got up Chumley struck him about the body and sides very violently—I cannot say whether he struck him on his left side.
Cross-examined by MR. HUDDLESTON. Q. What sized man was Rance? A. A fair sized powerful man—I went to Garrett's assistance before Downes came, and had pulled Rance into the middle of the room—he was struggling to get away—I saw him make a blow at Garrett—he struck at him with all the violence he had—Garrett drew back, held up his arm, and avoided the blow—I did not notice Rance draw back to repeat the blow, for Downes struck him immediately after.
MR. BODKIN. Q. Did you see a knife in Rance's possession at any time? A. No.
WILLIAM PRIDE I have been assistant at Grove Hall Asylum for six months. I was engaged in ward No. 3—the prisoners were both engaged in No. 1—Garrett was the head keeper, and Downes his assistant—on the
27th of March, about eight o'clock, I heard a noise in No. 1 ward, and heard Garrett's voice as I went into the ward—he ordered Rance to put on his clothes—I saw Rance standing with his back towards the door—Garrett and Downes were facing him, ordering him to put on his clothes—Downes had the straight jacket in his hand—I took hold of both Rance's arms, and held them behind him—he was always considered a violent man—I observed his face all over blood—Garrett put a handkerchief round his neck, held the two ends with his hand, and dragged him to the bed more on his side, and then on his back, with violence—he put his knee on his chest at the same time, and held him down—Downes at the same time struck him ten or twelve times with his clenched fist on the left side, more towards the bottom of his belly, where Garrett's knee was—they appeared to me very serve blows, as hard as he could strike—Garrett's whole weight was on Rance's body on the bed—I told them several times to drop it, to leave off, but Garrett said, "Give it him, give it the old b—r"—Downes continued to strike him several blows, after I desired him to cease; and after Garrett had said, "Give it him"—Garrett's knees were at the time about the same part—Rance could not make any resistance—the blood was running out of his mouth and nostrils, and he could not speak, for the handkerchief was round his neck so tight he could not cry out—they then took him off his bed, and he stood on the floor—they put the straight jacket on, and after it was fastened it appeared too tight in front—Garrett took hold of his two shoulders and struck him four or five times violently with his knee at the bottom of his belly, and said, "Stick your belly in, you b—y old b—r"—he sighed and leaned forward, and blood ran from his mouth and nostrils—he did not appear able to speak—Garrett took him down stairs and locked him in the cell—I never saw him afterwards—I saw no marks of violence about either of the prisoners.
Cross-examined by MR. BALLANTINE. Q. When did he die? A. On the 1st April—I did not give information of this violence to my master till after the death—I did nothing to prevent this, but telling them to drop it—I knew they were using unnecessary violence, and thought that very likely they might kill him—I could not pull two men off—I do not mean I was afraid—it dropped shortly after I told them—they used the expression about the b—r, on two occasions.
Q. Why not give information to your master before the man died? A. Garrett was going about saying the man was getting better, that was my reason—I told master, the day after the death—I was the last witness examined before the Coroner—I did not expect, if the prisoners were dismissed, to have their place—I have not been promoted, nor had my wages increased—I have 18l. a year—it was said, when I first came, if I behaved well, my wages should be increased—the deceased was considered violent—I never saw him commit an act of violence—there are doors to each of the wards—there are no strings by which I could give an alarm—I cannot say whether Macklenberg was there when the bad expressions were used—I do not know that the deceased had dirtied himself and was released to be cleaned—several patients were about the beds in the ward at the time.
Cross-examined by MR. HUDDLESTON. Q. when you came in, did you see the prisoners standing opposite the deceased? A. Before him, about three yards from him—they appeared afraid to put the straight jacket on him.
MR. CLARKSON. Q. You assisted them? A. Yes—I have not been promised an increase of wages in consequence of what I have stated to-day—I am not to get anything for my evidence.
EDWARD PALMER . I am medical superintendent at Grove-hall Asylum. I have been there about two years-and-a-half—I knew William Rance—he had been under my care for twelve months—he was described as an agricultural labourer, fifty-eight years old—he was occasionally violent, and has been under restraint on two previous occasions—I proposed temporary restraint, and he recovered—I saw him on the 27th of March, about eleven in the morning—I reside on the premises, and am accessible at all times—I found him in seclusion—I went to him from a representation made to me by Garratt—found him in a straight-waistcoat, in a state of considerable mental excitement—I directed that he should remain in seclusion—ordered medicine and proper diet—I observed no blood about him—his left eye was contused and black—Garratt was in the cell with me—I asked him how that occurred—he said, he had been very violent during the night, and attempted to strangle him while he was asleep, and with the assistance of Mecklenberg and the keepers, with considerable difficulty, he succeeded in restraining him, and fastened him to the bed, and the contusion had occurred in that way—I did not notice any other appearance of violence about him—that was the only part uncovered—he was standing in the cell, which is on the ground-floor—it has windows to it—it is not padded—I saw him daily till the 1st of April, when he died—he had a diseased action of the heart, and I had no reason to suppose his death was caused by violence—I attended the inquest on the 3rd of April, and the prisoners were examined as witnesses—pride was examined after them, and in consequence of hearing his examination, I made a postmortem examination of the body after the verdict—his body was muscular and fat—the left eye bruised, and a bruise on the centre of the chest—bruises on the left side of the body, the left arm, and left groin—on opening the chest, I found the fifth rib on the left side broken obliquely about three inches from its cartilage—the anterior portion of the broken part was protrudeing through the pleura—the sixth and seventh ribs were broken about an inch further back than the fifth rib—the eight and ninth ribs were also broken about an inch still further back, but the broken ends were not at all disturbed—the cavity of the chest contained about four ounces of bloody fluid on the substance of the lungs—the lung itself was healthy on the left node of the chest—the fractured bone had not penetrated the lung—the death was caused by the inflammation of the pleura, arising from its being punctured by the broken rib, which caused the inflammation—the other broken ribs would not cause death—the external bruises on the left side were over the internal injuries.
COURT. Q. would the other bruises and broken ribs increase the tendency to inflammation.? A. I should say they would—the pressure of the knee on the parts and places struck with force, would account for the internal injuries.
Cross-examined. Q. What is the pleura, does it not surround the heart? A. It is the lining of the lungs and ribs—the pleura was punctured—I do not think a rib is easily broken—he was in a healthy state of bone—it would requires considerable violence to produce the fractures I saw—the ribs had been recently broken, certainly—I treated him for excessive action of the heart, which was precisely the treatment I should apply for inflammation—I had him bled—his heart was very much enlarged—that is a disease which very frequently causes sudden death—a person with that disease is never safe—any excitement might occasion death, but a great many such persons undergo a great deal of excitement—he had hypertrophy.
Q. Can you say he did not die of hypertrophy? A. I can, by the appearance of the pleura, on the left side of the chest—if I had not found the
inflammation, I should have had no hesitation in accounting for the death—the approximate cause of death in hypertrophy is the disturbance of the heart's action—that would not necessarily produce the enlarged state of heart which I found—it was enormously enlarged—there were no other appearances about the heart—inflammation of the pleura may be reduced—it had been stated to me that there had been a considerable struggle, and that violence was necessary to restrain the patient—the struggle described might affect the action of the heart, and might terminate life suddenly, but not necessarily sudden, it might be lingering—if he had died of hypertrophy, I should expect to find the appearances about the heart which I described—Pride holds the same situation as he did before—he has not been advanced—I do not authorize a straight waistcoat in the asylum, except under my direction—his endeavouring to strangle the keeper would call for more than ordinary care, and render more than ordinary restraint necessary—I gave it as my opinion before the Coroner that he died of effusion arising from disease of the heart—I had not then made a post-mortem examination.
Cross-examined by MR. HUDDLESTON. Q. How long has Downes been in the establishment? A. One mouth—he came from Whitmore-house with a good character—Garratt, also, had a very good character—serus effusion into the cavities is a common sequel in disease of the heart—this was bloody.
MR. BODKIN. Q. The effusion you found in the cavity of the chest was of a totally different character to a case of death from hypertrophy? A. Quite so, it was a bloody effusion—the blood itself, I believe, arose from decomposition during life, caused by inflammation from the fractured rib—I was not aware that any violence had been used to him, when I was examined before the Coroner—the straight-jacket should have been put on in a proper manner, and he should have been taken to a single room—they should have reported it to me, with all the particulars connected with it.
COURT. Q. why do you fix with certainty the death to be caused by the broken rib, instead of the diseased heart? A. Because I see in the one an amount of structural alteration which I know full well men do live with, and, in the other, an amount of structural alteration which I know must be fatal—one case is ambiguous, and the other clear—I think the injury happening on the 27th of March, would have produced the death within that period—the fracture would have caused the inflammation which produced death—the effusion of blood arose from the inflammation and mortification, caused originally by the puncture of the ribs—the bruises and contusions had a tendency to increase the inflammation.
(The prisoners received good characters.)
GARRETT— GUILTY . Aged 33.— Confined Six Months.
DOWNES— GUILTY . Aged 22.— Confined Three Months.
NEW COURT, Thursday, 13th May, 1847.
PRESENT—Sir JOHN PIRIE, Bart., Alderman; and MR. RECORDER.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 37.— Confined Six Months
GUILTY . Aged 34. Confined Six Months.
1166. JAMES WEBB was indicted for stealing 2 copper boilers, value 20s., the goods of Thomas Humphreys; and that he had been before convicted of felony; also for assaulting Edward Tottman, a police-officer, in the execution of his office; to all which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
MESSRS. GODSON and DAWSON conducted the Prosecution. HENRY MILLER. In January, 1845, I was assistant in the custom-house at Folkstone—this ticket, No. 138,650, was granted there to Thomas Stowell—I kept a duplicate of it; I kept a paper of the printed questions which were proposed to him, and the written answers which the man whom✗ I gave the ticket to gave—I issued the ticket—this is it—I do not remember the person who applied
JOHN OUTRAM . I am corporal at the Rendezvous, Tower-hill. I have known the prisoner since he came there on 1st March—I had not known him✗ before—he came and entered in the Royal Navy, on 1st March—I asked him if he had got a register ticket, he told me "Yes"—he brought one and said it was his own—I took him up stairs to Lieutenant Creed, and he entered him—he came about a fortnight afterwards, and wanted an order to get his✗ clothes from on board the ship—he did not say what ship, but he said she✗ laid down the river—I took him up stairs to the Lieutenant to get it.
LIEUTENANT WILLIAM CREED . I am a Lieutenant in the Royal Navy—the prisoner came on the 1st March, I remember him perfectly well—he brought a register ticket, and I entered his name—he said it was Thomas Stowell—he was perfectly sober—I appointed him to come on Thursday the 4th—he did not come, and I sent the ticket to the Register-office, in case he might apply for another ticket—that is the regular course of business—the prisoner came about a fortnight afterwards to know if we would send him to the service, and send to the ship for his clothes; I told him to sit down, and I sent across to the Register-office for a constable—at the time the prisoner brought his ticket he produced a discharge from the "Resource."
prisoner. I gave the ticket; I did not know anything at all about it; I was tipsy. Witness. No; he was quite sober.
CHARLES STORE . I am a clerk in the Register-office, London. I remember on the 3rd March the prisoner making an application there for a register ticket—I put the usual questions to him, and the answers he gave are written down on this paper—I put the question," when and where did you lose, or how did you dispose of your former ticket?"—the answer he gave me was, "Lost overboard, on the 1st instant"—he said the number of it was 138, 650—he stated that on the 3rd of March, in my presence, and on that I issued to him this ticket which is now annexed, No. 29,608—this old ticket was afterwards sent by Lieutenant Creed to the office—this is it—it is No. 138,650—I am positive this is the one sent by Lieutenant Creed—I found a corresponding ticket in the office.
RICHARD BURGESS (police-constable H 165.) I took the prisoner—I asked him where his ticket was, he said, "On board the 'Lively' "—I went on board the "Lively," a merchant ship, and the master gave it me up—(it is No. 29,608)—I took him on the 16th March—he was taken before the Lord Mayor on the 17th.
Prisoner's Defence. I was very tipsy when I lost my former ticket; I applied at the office to get another—I had spent all my money—I do not know what I did with my former ticket.
GUILTY . Aged 23.— Confined Three Months.
JOHN JAMES RADCLIFF .I am the son of John Ratciff. On the 7th April, I saw two brass mortars and a pestle on the mantel-piece in my father's tap-room, at Harefield—I missed them the next morning—these are them, to the best of my belief—I have seen them for a number of years.
Prisoner. Q. Do they belong to you? A. No; to my father—he occupies the house—you were in the house between ten and eleven o'clock that night.
JOHN WILD . On Wednesday night, 7th April, I went to Mr. Ratcliff's public-house with the prisoner—I left him in the tap-room between ten and eleven o'clock—I have been employed several times to clean this pestle and these mortars—these are the same, they belong to Mr. Ratcliff.
Prisoner. Q. Can you swear that? A. Yes.
DANIEL SUDBURY (police-constable T 212.) I stopped the prisoner in the town of Uxbridge, between one and two o'clock in the morning, on the 8th April—he had a bundle; I asked him what he had got; he said, "Some grub and a pair of stockings"—I found these mortars and pestle—he said he had a note to go to Mr. Blake's and buy them—I said they were not new—he then said he bought them himself at Billingsgate—I went to Mr. Blake, and he denied all knowledge of him whatever.
Prisoner. I have a sick wife and small family.
GUILTY . Aged 37.— Confined Six Months.
GEORGE GRAY . I am a cook, and live in Little Guildford-street. On Monday morning, the 19th April, I called at a public-house, in high-street, St. Giles's—I had a watch, either in my fob or waistcoat pocket—I found the prisoner in the public-house—I afterwards missed my watch; it was worth about 2l.
RICHARD FURNESS . I live in King-street, Soho. I was at the Crown public-house that morning—I saw the prisoner and the prosecutor, and two other parties, drinking together at the bar—I saw the prisoner take something from the prosecutor's waistcoat pocket, and I saw the guard fall down, which seemed to have been attached to a watch—the prosecutor complained of the loss—he said, "You have taken my watch, give me my watch"—the publican went and shut the door—the prisoner then gave the prosecutor his watch, and said to him, "who wants your watch?"—the prosecutor gave the watch to the landlord—a young man said he would not let it go off so, he would have a policeman.
If Furness saw me take the watch why did he not detain✗me? he said he would have had nothing to do with it, only for the way in which I had used his friend.
RICHARD FURNESS re-examined. What made me take notice was, that he acted a most unmanly part because my friend was in liquor—he threw him down, and put his knuckles inside his neck cloth, on his throat, while he was on the ground—the prisoner could not get away with the watch, or else the prosecutor would not have had it.
Prisoner's Defence. I had been drinking with the prosecutor about two hours; he took his watch out, and gave it me to hold; he asked me for it again, and I returned it to him; the landlord asked him to give him his watch to take care of till the morning, which he did, and the landlord came to Bow-street and gave it to the inspector.
GEORGE YOUNG . I am the landlord of the house. I saw the prisoner give the prosecutor his watch—the prosecutor gave it to me, and I went to the station, and gave it to the officer—I did not notice that the prosecutor gave the watch to the prisoner—there was a scuffle—whether the prisoner took the watch, or the prosecutor gave it to him, I do not know.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JOHN BROWN . I am in the employ of Mr. Webb, a butcher, in Newport-court, Soho. On the 12th of April, about three o'clock in the afternoon, I drove eight sheep into the slaughter-house, which is right opposite the place I had driven them out of, in Princes-court—I locked the door, and took the key down to the shop—I went back again between five and six o'clock in the evening—the sheep were safe then—I locked the door up again—I went to the slaughter-house again between eight and nine o'clock—I found the door was half open—I had left both the doors locked between five and six, and I found one of them open between eight and nine—I got a light, and found that there were only seven sheep out of the eight—inconsequence of something that was told me, I went to the prisoner's shop, in Newport-alley, with my fellow-servant, who is my master's foreman—I heard him ask the prisoner if he had got a stray sheep that did not belong to him—he denied it, and said he had not got one—my fellow-servant asked him, "Are you sure?"—he said, "Yes, I am"—he said he had not got one there—(he came up out of the cellar when we went into the shop)—my fellow-servant said to me, "Go and fetch a constable"—the prisoner said, "For God's sake, don't fetch one; I have got the sheep here, I have got a stray sheep"—in the mean time the constable came up, and my fellow-servant said, "I shall give that man in charge, for taking a sheep"—the prisoner said, "For God's sake, let me alone; I will go and fetch Cranshaw; he knows all about it"—he was then in the alley, in front of his own shop—when my fellow-servant gave him
in charge, the policeman laid hold of his arm, and he took and ran away—I ran after him, and the constable ran, and caught him in St. Martin's-lane, brought him back, and my master gave him into custody—after they came back from the office, I went down into the cellar under the prisoner's shop—I found the sheep there, and brought it up from the cellar, which the prisoner was down in when we went to his shop—it was one of the eight sheep which was the property of Mr. Webb, and was worth 2l.—I found a piece of iron bar lying alongside the slaughter-house door, and the lock was found inside—it must have been broken open.
Cross-examined by MR. PRENDERGAST. Q. This is a common slaughter-house, is it? A. No—there is a common slaughter-house opposite, but this is where we keep the sheep, and kill sheep and calves, and such like—there is a common slaughter-house opposite—the beef slaughter-house; that is what we call a slaughter-house—this is a place where we keep sheep and calves—no other people kill there, barring my master—other persons keep sheep there—every master butcher who has things put there, has a key—Mr. Cooper, the landlord of the place, gives them keys—there were no other sheep in our place that night, but there were sheep in other parts—when you open the gate, or door, you get into a place as large as this Court is, and one part is penned off for us, another for one of our neighbours, and different parts for other persons—when you open the door you may go to any place there—I believe the prisoner was not in the habit of going there—I never saw him there in my life—the prisoner said he wanted to find Cranshaw, and said he knew all about it; but Cranshaw knew no more about it than giving the prisoner a lift up with the sheep—Cranshaw went up to the office to clear himself, and said he knew no more about it than giving him a lift up with the sheep—the prisoner ran away for the purpose of fetching Cranshaw, but he went a different road—the way to Cranshaw's is close by where the market-house is, but I do not know where Cranshaw was at that time—the prisoner ran away from his own shop, and said he wanted to fetch Cranshaw—my fellow-servant said to the prisoner, "I believe you have got a stray sheep here that don't belong to you?"—there was no one there but me and my fellowservant—his name is Aldous—he is not there—the prisoner denied having a sheep—Aldous asked him if he had got a stray sheep that did not belong to him—he said, "I have got no sheep"—Aldous said, "Are you sure?"—he said, "Yes"—Aldous said, "I will swear the sheep I saw there was Mr. Webb's—I can swear to the mark on it—it was marked twice across the loins, and once round each eye—all the sheep my master has are marked in that way with red ochre, which is the common thing for marking sheep with—other sheep are marked in a different way—the man who gave a lift up with the sheep saw it—Cranshaw is not here—I did not mark the sheep myself—I suppose the drover did, or my master—I was not present when it was marked—the sheep were not marked that day—they had been in the place two or three days—they came from Croydon—I know that this particular sheep was marked the same as the others were—the sheep I found in the prisoner's cellar had the same mark as the others—I had seen all the sheep in Mr. Webb's place—I never saw the prisoner with the sheep till I went to his shop.
MR. PAYNE. Q. When you went to your master's place between five and six o'clock, were all the eight sheep safe? A. Yes—there were other persons' sheep there—those other persons have not occasion to force the door and break the lock—they have keys—I have no doubt about that.
HENRY GOODHHERHAM (police-constable C 169.) On the 12th of April, about half-past eight o'clock at night, I took the prisoner—I was on duty in Newport-market, and was called to go to Newport-court—I saw the prisoner—he ran away before I got to him—I went after him—he was stopped in St. Martin's-lane, and I took him back—I went to the cellar under his shop—I saw the sheep, and saw it brought up—the witness appeared to know it—the prisoner admitted taking it, both to me and to the Magistrate—this is Mr. Bingham's writing to this deposition—the prisoner's statement was read over to him—(read—"The prisoner says, 'I had the sheep in my premises nearly an hour; I found it lying in Princes-row; I tied its legs, and took it home' ")—this is the sheep's-foot and the lock of the door, and the iron bar, that were in the slaughter-house—this is the sack with which the sheep was covered—this would hide its loins—the sheep was alive—I did not see the sheep in this sack—it was given me by the owner of the property.
WILLIAM TEARS . I live at the white Hart, in Newport-market. On the 12th of April I saw the prisoner come out of the market-house door with this sheep on his back—I gave him two lifts up after that, as it was too heavy—he could not hold it—he was going towards his home—I saw him come out of the market-house door, and shut the door after him.
Cross-examined. Q. Are you sure he shut the door? A. Yes—he turned round to do it, and walked on deliberately till he got two doors from our place, and he dropped the sheep—we thought he could not get it up himself, and we gave him a lift—I knew the prisoner, and knew his name—he has three names, Warley, Ducket, and Wingrove—I knew him very well by those three names—Swift Kirby was with me, and he helped the prisoner up with it, and Cranshaw helped him up with it—there were two of us helped him the first time, and three the last time—Cranshaw was one that helped him the last time—he was in the parlour of the house, where I am potman, at the time the sheep was lost—I was in a little mess once about the marrow-bones and cleavers—that was not much of a mess; and once they wanted to bring me in✗ for some fat—I got off with that—it was quite an accidental thing my seeing the prisoner go by—he did not ask me to keep it a secret—I had no share in this—this was a very short distance from the prosecutor's house, and a very short distance from the prisoner's house.
MR. PAYNE. Q. Where were you when you saw the prisoner coming out with the sheep on his back? A. Just by Mr. Kirby's door, the White Hart, in Newport-market—he had not got seven yards from our door before we were obliged to help him—I did not see him break the door open.
SWIFT KIRBY . I live at the White Hart, Newport-market. I was standing at the door with Tears—I helped the prisoner up with the sheep twice—he dropped it about six or seven yards from our door—I did not see where it came from
Cross-examined. Q. Did you know the prisoner before? A. No more than by sight—he did not tell me that there was any secret in it—he told me nothing about it.
COURT. Q. Was anything over the sheep? A. Yes—a piece of cloth, or a bag, or what you please to call it—it was tied all over its back, with one leg hanging out.
WILLIAM WEBB . I am the proprietor of the sheep—I saw it in the cellar—I knew it again—it was one out of the eight of my sheep—to carry a sheep they usually tie three legs together, but we generally drive them.
Cross-examined. Q. You had not seen the sheep before? A. Yes, I
bought it—I do not buy a thing without seeing it—if I buy a flock I generally handle them all very particularly—I did not mark these sheep, my drover marked them—there were thirteen in the lot—I did not go into the market-house to see the sheep after it was there—I never go there—I did not see it driven into the market-house—I do not know that it was there, but it was my sheep—I saw it in the cellar, and put it in an opposite neighbour's place, and got it out the next morning—there was no sack on the sheep—it was running about loose in the little cellar—there was no other sheep there.
MR. PAYNE. Q. Is it usual to break open the place with a bar? A. No—there is no one keeps sheep in my place but me.
Prisoner's Defence. That man says all false against me, who says he saw me come out of the door; he has been discharged for dishonesty; no person will employ him; the man was subpoened✗against me to swear nothing; I had no intension of doing wrong; I should have been very glad for any person to have brought a sheep of mine home, and put it in their premises; I never denied the sheep being there; my wife was in the shop.
(Mr. Leadbitter, of the Trafalgar coffee-house; Mr. Crispin, a tailor, of Bedford-court; Mr. Saunders, of Conduit-court; Mr. Smith, of Bedfordbury; and Mr. Thompson, of St. Andrew-street, gave the prisoner a good character.)
GUILTY . Aged 30.— Transported for Ten Years.
CHARLES PATERNOSTER . I am barman at the Nag's Head, Leather-lane. On the 10th of April, the prisoner and some others came to the bar, and had something—there was a dispute about the payment—I desired the prisoner to go, and I endeavoured to put him out—we had a scuffle, and while we were scuffling, I noticed that he grabbed my pin out of my scarf—he denied it, and I gave him in charge—when we got a short distance from the house I saw him throw something, but I cannot tell what—it fell on the spot—after we had been to the station I searched on the spot, by the light of the policeman's lantern, but did not find anything—I went out the next morning—the policeman found the stem of the pin on the spot where I saw the prisoner throw something—I found the stone of the pin—that stone and the stem of the pin produced by the policeman make up the pin I lost—this is it.
Cross-examined by MR. PAYNE. Q. What is it worth? A. I gave half a sovereign for it when I bought it—I turned the prisoner out of the house, because it was just up on twelve o'clock—there had been a dispute about the payment for some gin, and I was going to turn him into the street for it—I said he had stolen my pin, and he and the other man with him were mouchers, (that means persons coming for gin without paying for it)—I am head barman at the house—my name is on the lamp outside—the house belongs to Mr. Reed—I formerly lived at the Hog in Armour—there were no niggers played there—we never had any gambling—we had no young persons come there, and their parents come for them—I never had a waiter there—I was waiter myself—there was nobody but me there—I never had a thief there, who Archer the policeman turned away, and reprimanded me for employing him—there was not a youth there who attended on the young persons who came to the house—the house was not frequented by a great number of youths
and girls—Archer never turned any one out—when I left that house I do not know who it was parted with to—I was under Mr. Charles Yates—he of course was there—he sometimes lived in the house—it was not my house—I managed it—I did not take away a valuable clock, and put another in the place of it—a solicitor did not write to me to pay for the clock—I did not appraise in a number of pots belonging to other landlords, and the new publican have to have pay for them—my name is on the lamp at the Nag's Head merely as a matter of attraction—it is not to attract the boys and girls who used to come to the Hog in Armour—I never saw any boys and girls come to dance at the Hog in Armour with their faces blackened—I never played a nigger myself—I never had my face blacked—the prisoner was bailed—I do not know that he is partner with his father—I went to bed between twelve and one o'clock that night—I was up again a little after four—I am accustomed to take very early walks—I take a sleep in the afternoon—the policeman and I searched by the light of his lamp, and did not find any pin—there were about a thousand persons in Leather-lane as we were going to the station—I saw the prisoner throw something away—I will swear the pin did not fall from me—I missed it in the public-house—it had been in my scarf as pins generally are—there is no one else here who saw the prisoner throw any thing away—the policeman had got him in custody, and I we behind him.
RALPH F ROLLS (police-constable G 248.) I took the prisoner—he denied having the pin—between four and five o'clock the next morning I found the gold part of the pin in the gutter, partly buried in mud—I saw the proseeutor find the stone of the pin within a foot of the spot where I found the stem of it—that was in the direct road from the prosecutor's house to where the prisoner was taken to.
Cross-examined. Q. Hour long have you been on that beat? A. I am not on that beat, I am on the opposite side of the street, and have been for eighteen months—I never saw the prosecutor before—I know the Hog in Armour—I never saw or heard of any boys and girls going there to dance—I have heard singing as have passed by when on duty in the street—I did not know the prosecutor at the Hog in Armour—I never noticed his name being up at the Nag's Head—I cannot recollect the name of the policeman who is on the beat where the Nag's Head is—I found this gold part of the pin a few yards from the Nag's Head.
NOT GUILTY .
OLD COURT.—Friday, May 14th, 1847.
PRESENT—Mr. Baron ALDERSON, Mr. Alderman THOMPSON, Mr. Alderman WOOD, and EDWARD BULLOCK, Esq.
First Jury, before Edward Bullock, Esq.
GUILTY . Aged 28.— Confined Twelve Months.
the 9th of May I was at the Quebec's Head public-house—the prisoner came in—no words passed between us—he asked for a glass of gin, looked very hard at me, then came up to me, and said, "You b——, I will spoil your night's pleasure"—he did not do anything then—he walked up and down the bar, then pulled out his knife, looked at it, and accused me of taking a hand-kerchief—he asked me where his handkerchief was—I said, "I had nothing to do with it"—I wanted to have nothing to say to him, and told him to be off—he looked at his knife, then put it into his coat pocket, walked up and down before the bar; and in about five minutes after he took the knife out and threw it at me—it struck me on the top the forehead—I went out at the door, and called out "Murder!"—ran out at the door, and the police caught him
Cross-examined by MR. ROBINSON. Q. How many more were there? A. The prisoner and another young man, and a young woman—we were all four drinking together—I swear that was the first time I had seen the prisoner—I am an unfortunate girl—there were person serving at the bar—Dimmock is a friend of mine—he is a seafaring man—I live with him—I do not know that the prisoner has just come from China—I have heard that he has just come home—I do not know when—I was quite sober—the prisoner was taken in charge about ten minutes after eleven o'clock.
MICHAEL DIMMOCK . I was with the last witness at the Quebec, at Shadwell, on Sunday evening—the prisoner came, and called for a glass of gin—he kept walking up and down the room—he then called for ginger-beer, and then for a glass of beer—the landlord would not give it him, as he had no money—after he had the gin I was sitting alongside the prosecutrix—he said something to her, I did not hear what—by what I could see, he wanted her to go with him—I heard him say so—she told him she could not go—after that he kept walking up and down the room, with both hands in his pockets—he said, "I will spoil your night's pleasure"—just before he went out, he took both hands out of his pockets, and with the right hand have something—after that a man standing alongside me said, "That is a knife," and we picked a knife up, with the blade open—I gave it to the policeman—it had struck the prosecutrix on the head, and dropped on the ground—I was sober—the prisoner was half-and-half—he was taken to the station.
Cross-examined. Q. What had you drunk that evening? A. About four pints of beer between me and her—we had no gin—I was with her very nearly all day—I came home last Tuesday fortnight—I might have had two or three glasses of gin in the course of day—I cannot remember—I had never seen the prisoner before—I heard he had just come home from China.
Cross-examined. Q. I Suppose it was as deep as it could be? A. Yes, to the bone—it was merely to the scalp.
Cross-examined. Q. You heard somebody had been cut? A. Yes—I heard the cry of "Police!" and went there.
JURY. Q. What state were the parties in? A. The prosecutrix and witness were sober, the prisoner was three drunk—he had been excited before in the beer-shop—I understood he bad lost a handkerchief in the beershop.
GUILTY of a common Assault. Aged 30.—Recommended to mercy by the Prosecutrix and Jury.— Confined Two Months.
1174. JOSEPH BRAIME was indicted for obtaining, on the 16th of April, 2000 nails, value 7s .: also, on the 22nd April, 1000 nails, 4s : also, on the 1st of May, 2000 tack nails, 1s. 3d.; and 2000 brass nails, 9s.; the goods of John Gibbons, and another, by false pretences; to all of which he pleaded
GUILTY . Aged 44.— Confined six Months.
Before Mr. Baron Aldersor.
1175. JOHN DENBY was indicted for that he, being employed in the Postoffice, did steal a certain letter, containing 1 order for payment of 10l. 19s. 6d.; 1 order for payment of 7l. 3s.; 1 order for payment of 6l.; 1 order for Payment of 4l. 13s. 8d.; 1 warrant for payment of 22l. 3s.; 1 bill of exchange for payment of 10l.; two 5l. Bank notes; and six 5l. promissory notes, the property of Her Majesty's Postmaster-General:—other COUNTS, varying the manner of laying the charge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
GRORGE KEMP WELCH . I am cashier at the banking-house of Tice, Welch and Co., of Christchurch, Hants—Rogers and Co. are our correspondents. On the 2nd of April I made a remittance to them by post—I enclosed in a letter checks, Bank notes, and securities, to the value altogether of 110l. and a few shillings—among them were the two 5l. notes produced—one is a Leamington Bank note, No. 8836, and a Portsmouth branch Bank of England note, No. 03418, dated 27th of Oct., 1845—here is another 5l. Winburn promissory note, which was also enclosed in the letter—it is dated the 11th of Jan. 1841, No. 4030—it is a branch Bank of England note—I sealed the letter, and directed it to Rogers, Olding, and Co., bankers, London, and gave it to servant, Ann Luther, with others, to take to the Post-office—soon afterwards I received a communication from Roger's house in London, in consequence of which I made a communication to the secretary of the Postoffice that the letter had not arrived.
Cross-examined by MR. BALLANTINE. Q. Did you mark the notes? A. I took a memorandum of the numbers, which I have here, and find by that that these are the notes—I gave Luther no particular directions about this letter—it was on the day public humiliation.
MR. BODKIN. Q. Was this letter a tolerably thick one with the enclosures? A. yes—neither of the other letters were so thick.
ANN LUTHER . I am servant to Mr. Welch. On the 2nd of April he gave me some letters to take to the postoffice—I took them, and remember one being a thick letter—I did not put that with the rest, as it was too thick to go into the box, but gave it inside to the postmaster, Mr. Pike—it was about five o'clock in the afternoon—master had given me no particular direction about that letter.
ABRAHAM PIKE . I am postmaster at Christchurch, Hampshire. A letter posted at my office at five o'clock in the afternoon would arrive at the General Post-office the following morning—it would leave my place about five minutes before six o'clock—I tied up the bag myself that evening, enclosed the letters in it, sealed it, and delivered it to the driver of the mail with my own hands—I do not remember receiving this particular letter—if I did I am positive it was put in the bag.
Cross-examined. Q. You do not remember receiving any letter from the hands of Luther? A. No—I was in attendance at the office from one o'clock till the mail was dispatched—nobody else was attending to the letters—every
letter delivered to me I should put into the receiving-box, where it would remain till the dispatch of the mail.
JAMES RUSH . I am a clerk in the General post-office, London. On the 2nd and 3rd of April I was in attendance there—I remember the arrival of the Christchurch mail—I opened the bag on the morning of the 3rd, at a few minutes past five o'clock—it was sealed, and in a proper state—I took out the letters, sorted them, and gave them to be stamped—they would then be distributed to be delivered.
ROBERT BAULDRY . I am sub-sorter at the General Post-office—after that duty is over I deliver letters. On the 3rd of April I was in attendance at the General Post-office—it is my duty to deliver any letter coming by the morning mail addressed to Rogers and Co.—I delivered all the letters at their house which were given to me that morning.
JOHN OSBORNE . I am one of the firm of Rogers, Olding, and Co. On the morning of the 3rd of April I was at the banking-house, and opened all the letters which came to the firm—there no letter containing remittances from Tice, Welch, and Co.—we expected a remittance from them that morning, and in consequence of not receiving it wrote to them by return of post.
Cross-examined. Q. Do you sleep at the house? A. No—I got there that morning about twenty minutes before nine o'clock—the letters had arrived, and had been taken in by one of the clerks.
RICHARD WHITE . I am in the service of Mr. Frazer, a pawnbroker of Ipswich. On the 3rd of April I was in the employ of Mr. Dexter, a pawnbroker, of Whitechapel-road—between half-past nine and ten o'clock that morning the prisoner came to the shop with a female, and requested me to show him some chased keeper-rings—I showed him all we had—we had none small enough to fit the female's finger—he then requested me to show him those with stones in them—I showed him all we had—his wife selected one with a garnet, or green stone, or emerald—he then requested to be shown some pebble brooches, which was done—his wife selected one for 18s.—they paid 28s.—a conversation took place about a key, which was not bought—he took a 5l. Bank of England note out of his trowser's pocket, and gave it me—this is it—(looking at No. 03418)—I asked him his name—he said, "Willis"—I asked him his Christain name—he said, "William"—I asked him where he lived—he said, "No. 14, Jubilee-street, Stepney"—I wrote on the back, "William Willis, 14, Jubilee-street, Stepney, J. C. D., (my employer's initials) 3—4—47"—Shortly afterwards I was applied to on the subject, and gave a description of the party, which was very fresh in my memory—on the 20th of April I came to London, accompanied by Peak, the officer, and Richard Reaves—I went to Oxford-street, Mile-end, no great distance from Jubilee-street—when I got to the door Peak knocked—it was opened by a female, the person who had accompanied the prisoner to Mr. Dexter's shop—I saw her finger, and the ring on it which I had sold her on the 3rd—I went up stairs, and saw the prisoner in the act of jumping out of bed—I knew him directly—he is the man who gave me the 5l. note—after the house was searched I saw the brooch which I had sold—this produced is it, and this is the stone ring.
MATILDA FRESHWATER . I am the wife of William Freshwater, who keeps the Telegraph public-house, Hawkins-street, Mile-end; there is a Derby sweepstake club held there. On Wednesday, the 14th of April, about eleven o'clock in the morning, the prisoner came—I have no doubt he is the man—he asked if the Derby sweep was full—I said, "No"—he took a chance in the 30s. stake—there
are different priced stakes—I made him out a card—he then took a 10s. chance—that was a sweep also—I filled up one ticket for both—this is it—(looking at it)—it is a receipt for the money—he gave me a 5l. Leamington note—this one, No. 8836, is it—I know it by the number and by the writing on it—I asked him his name—he said, "Williams"—I wrote that name on the ticket—I said I did not like to take it, being a country note—he said it was sent by a friend from Leamington to lay out in sweeps—I then took it—he asked me if he should sign at the back of it—I said, "Yes," and gave it him to do so—he has written "W. Williams, Leamington," on it in blue ink—he asked me when it would it would be drawn—I told him it would be advertised in Bell's Life—I gave him 3l. change, and he went away—he said he would call next day, and stake chances in other sweeps—he took the card with him, not the ticket; that was kept—he did not come next day—I did not see him again till he was in custody—there is "stolen from a letter" written on the note—that was not on it when it came to me.
RICHARD REEVES . I am inspector of letter-carrier at the General Postoffice. The prisoner has been employed there three or four years as a lettercarrier—he was on duty at the Postoffice on the 3rd of April at the time the general-post letters arriving that morning were being sorted for delivery—he was that morning on what is called the chance of the office—there are always a few men disengaged, to take the place of men who are absent from illness—he was on duty that morning for a man who was ill—that man's duty was to deliver letters in Friday-street—the prisoner was on that walk that day—on the 20th of April I accompanied Peak to Oxford-street, Mile-end, and found this ticket on a dresser in the lower room.
Cross-examined. Q. What time did you see the prisoner that morning? A. He was on duty all the morning—I do not remember seeing him that morning in particular, but his signature is in the book as being there on that date—the signature would be made about a quarter after five o'clock—he has signed his name himself—that does not prove the time he came to the office—the book produced is not the one he would sign in when he came, but the one he would sign in when called to go out—that was twentyfive minutes after eight—it proves that he was on that walk at twenty-five minutes after eight.
COURT. Q. Are all the letter-carriers in one room? A. There are two rooms, and an archway from one to the other—the letters are sorted below by the sub-sorted, and brought by a man to the letter-carriers, to their seats—each man has his own seat for a walk—the letters are delivered by two people to different carriers—the carriers have no opportunity of taking the letters from each other—they do not help themselves.
MATTHEW PEAK . On the 20th of April, in consequence of what came to my knowledge, I accompanied Reeves and White to the prisoner's house, No. 1, Oxford-street, Mile-end—Reeves knocked at the door—it was opened by a female—I saw a ring on her finger—White said, "That is the woman who accompanied the man to our shop," and said, "That is the ring, it has got a green stone in it"—I left her with Reeves, telling him to take care of the ring—he afterwards produced it—this is it—I went up stairs, and took the prisoner in charge—I told him it was for taking a 5l. note out of a letter, and that it had been changed at Mr. Dexter's—I asked him if he had anything to say to it—he said, no he had nothing to say—I then said, "I take you also into custody for taking a 5l. note out of a letter, changed at Mr. Freshwater's," and asked him if he had anything to say to that—he said, "No, I have nothing to say"—he was just getting out of bed, and was putting on hi
trowsers—I searched his trowsers, and found in a purse 1l. in silver, and one sovereign, and 6s. loose in his pocket—I examined the bed-room, and found in a work-box this brooch—I took him into the kitchen—the female was there—she upbraided him, and went into hysterics—I took them both to Bow-street—as we went, he said to the female, "It is hard for Mr. Peacock to send you"—I said, "Mr. Peacock has a duty to perform"—he said "A wife is not bound for her husband's action"—I produce four tickets which I afterwards found in the house they appear to have come from Mr. William Willis, and a memorandum book, among other entries in which is one of the name of Freshwater, and the sums paid for sweeps 1l. 10s. and 10s.—the female was discharged as soon as she was in a condition to produce the certificate of her marriage—I have made inquiry at 14, Jubilee-street, Stepney, for William Willis—there is no such person there.
WILLIS CLARE . I am assistant-inspector of letter-carries in the post-office. I know the prisoner—I was at the post-office on the morning of the 3rd of April, and saw the prisoner there—he should have been on duty at a quarter after five—I know his writing, and find his signature in the book as having arrived at five o'clock in the morning—in the interval between his arrival and the time he went out to carry letters, at twenty-five minutes after eight, he would have the opportunity of taking the letter in question—he was what is called a chance man, and in the absence of Persons, the regular carrier, he was put on as a substitute—there is a firm of Rogers, Olding, in Lombard-street, and Rogers, Nephew, in Friday-street district, and it happens in sorting that letters get sorted to the wrong walk, being directed only "London"—if this letter had been directed to Lombard-street this would not have occurred.
Cross-examined. Q. Rogers, Nephew, might have got this letter? A. It is possible—it might be delivered to them.
MR. CLARKSON. Q. If it was sorted to Friday-street instead of Lombard-street, would the man who had the Friday-street delivery receive it? A. Yes, he ought not to have taken it out of the officer, well knowing it was not in his delivery—it should have been given to the sorter, to sort what we call blind letters—the dispatch was ten minutes after seven that morning—the prisoner may have had a morning duty in the Inland Office previous to that time—letters are brought to the carries by a person who signs for that duty, but the letters in Friday-street are divided to two persons—he might have had this letter by its being mis-sorted—the letter are brought up and laid on the carrier's seats—the prisoner's seat was not near the Lombard-street seat—he would have been noticed if he went to the Lombard-street walk, and took a letter—the only way I can account for his having it is the mi-sorting of the letter.
MR. BODKIN. Q. Why should he be there at five o'clock? A. That is the time for the carries to attend.
MR. BALLANTINE. Q. I am told that Rogers, Nephew, always sent for their letters? A. I am not aware of that—there are a few parties who have their letters at the window.
MR. BODKIN. Q. If he was there early in the morning what was he doing until eight? A. He would be in the Inland Office.
ROBERT CROSS . Q. I am barman at the Duke's Head public-house, Whitechapel-road. I was in a sweep—this 5l. Winburn bank-note, No. 4030, I received, with other bank notes and sovereigns, from George Hawkes on the 17th of April.
Cross-examined. Q. You are a sporting gentleman? A. I have several sweeps—I am acquainted with matters of that kind—I know Hawkes—I do not know whether he is a sporting gentleman—we never bet together—I
have betted with him—I thought you meant in partnership—I only know of his belonging to one sweepstakes—he is a letter-carrier—I am not in any sweepstakes at present—I have had several chances.
GEORGE HAWKES . I am a letter-carrier in the post-office. On the evening of the 17th of April, I paid Cross 19l. in three five pound notes and four sovereigns—there were two Bank of England notes and one country note—this Winburn note, No. 4030, is the country one—I received it form Mr. Willis at the King's Head, Newgate-street—I afterwards went to Mr. Cross to ask to see the note—I wrote my name on it—it has on it the name of "Samuel Day Whilmore"—that was on it when I first had it—I know the prisoner's writing, and believe it to be his—I have frequently seen him write.
Cross-examined. Q. Is that the only one you have of these notes? A. The only country note—I am in the sporting line, on a very small scale, if any—I have had a bet of a shilling or so—my betting has not been limited to a shilling—perhaps two shilling or half-a-crown—I have never gone higher than that—I have lost between twenty and thirty shilling to William Cross, brother of the witness—I was at the post-office, on my usual duty, on the morning of the 3rd of April—I was present at the time the post came in from Hampshire—I am regularly on duty.
COURT. Q. What walk is yours? A. Mile-end—19l. was paid for a 20l. prize that was won by Bob Cross—I was commissioned by Cross to call for it for him—I have received it of Mr. Willis.
MR. BALLANTINE. Q. I believe you have been intimate with the prisoner? A. I have been intimate with him up to the time of his being in custody—I was a good deal about with him—we never had any money transactions together—I may have advanced him half-a-crown—I am still in the employ of the post-office—I cannot say whether he has or has not lent me money—I have not had bets with him over and over again—I think I recollect having a bet of five shilling with him once—my wages are 1l. 5s. a-week.
COURT. Q. You nothing to do with the sweep; you went to get 19l. for Cross? A. Nothing whatever.
MR. CLARKSON. Q. How long have you been in the post-office? A. seven years; I am on the Mile-end walk—on my solemn oath, no letter addressed to Rogers, Olding, and Co., ever came into my possession.
THOMAS LAURIE . I am one of the partners in the firm of Rogers, Laurie, and formerly Rogers Nephews—we have a pigeon-hole in the post-office, in which our letters are deposited—we send for them—no letter containing this remittance, addressed to Rogers, Olding, and Co., came into our hands on the 3rd of April.
COURT. You have had occasional mistakes with Rogers, Olding, and Co.? A. Frequently—their letters have come with our letters, when we sent for them, and we immediately send them to Rogers, Olding, and Co., and they have sent us letters in like manner.
PHOBE✗ WILLIS . I know George Hawkes. On Saturday, the 17th of April, I paid him this 5l. note—I had received it from the prisoner that morning—he gave it me for chances in the Chester cup—I desired him to write his name—he wrote something on it, but I did not notice what he wrote—he did write on it, and gave it to me—I had no other country note in my possession at that time—here is "Samuel Day Whimore" written on it—I paid it to Hawkes the same day—these tickets produced are for sweepstakes issued by us to the prisoner.
Cross-examined. Q. How many of these tickets do you issue? A. Sometimes
one, sometimes two; it depends on the number of subscribers—I cannot tell how many we had for the Chester cup, unless I look at the card—the number will be on that (26)—when the number is full, we get others—we have other stakes—I believe the prisoner is the man who paid me the note, but do not swear it—Hawkes is not the man—I knew him by sight—Hawkes has not been in the habit of taking shares, that I know of, except for Cross.
WILLIAM PARSONS . I am a letter-carrier and sub-sorter in the General post-office—I deliver letters in Friday-street walk, and in Walting-street, where Rogers, Laurie, and Co., are situate—I have very frequently seen letters for Rogers, Olding, and Co., sorted to Rogers, Laurie, and Co., not precisely "Rogers, Olding;" as, I believe, originally, the firm was Rogers, Toogood—I have frequently seen them in that name—if there is a mistake, they are sorted to the blind sorted—on the 3rd of April, I was away from the office, through illness—I found, on examining the books, that the prisoner has signed his name as doing my duty.
WILLIAM DYOTT BURNABY . I am principal clerk at Bow-street police-court—I acted in that capacity on the examination of the prisoner, on the 21st of April—after the depositions were taken, he was asked if he desired to say anything, and was cautioned that what he said would be taken down in writing, and might be used against him on a future occasion—I took down from his mouth what he said—I afterwards read it over to him—he signed it—there was a subsequent examination on the 28th of April—he was then asked whether he desired to say anything else—he said something, which I wrote down, read it over to him, and he signed it—it is signed by Mr. Henry, the Magistrate—this is it—read—"The prisoner says, all I have to say is, I am guilty of the charge; my wife is innocent; I told her I had the money left to me; she was with me when I went to the shop to buy the ring and brooch"— second statement read—"The prisoner says, I wish to contradict the statement I made on the former examination, and to say that I am not guilty"
(Charles Taylor, builder, of Moorgate-street; and John Pincott, of Merton, gave the prisoner a good character.)
GUILTY . Aged 24— Transported for Ten Years.
MESSERS. BODKIN and DOANE conducted the Prosecution. JOHN HEATLEY GABB. I am a butcher, and live in Great James-street, Lisson-grove. I first saw the prisoner on 17th April—she lived at Mr. Saunders, Stafford-street, in my neighbourhood—she came to deal with me—at the time this transaction happened she was in my debt 12s. 4d.—she had agreed to pay weekly, but it had got rather over the week—I applied for payment, she said she had not got the money, and asked if I would take a bill at fifteen day's sight, payable at Court's✗—I said yes, if it was all right, I would take it and give her the difference—I did not mind waiting fifteen days if the bill was all right—on Monday evening, the 3rd May, she called and gave me this bill—(produced)—I am very little acquainted with bills—I took it next day to Coutt's bank, showed it to one of the clerks, and found it was on a receipt stamp, instead of a bill stamp—I was told to drop it into the acceptance-box—I called next day for it—I saw the prisoner that
day, and told her the person I had shown the bill to said it was informal, that it ought to have been on a shillting bill stamp, instead of a receipt stamp—(I did not say I had been to the banker's)—she said she did not think it would make any difference, but she could get another, as Mr. Douglas always kept a quantity of bills by her already accepted—I said I should hear more about it to-morrow—she called on me next evening, about eight oclock, and handed me this other bill, on account of the other being on a wrong stamp—I was to get either one or the other cashed, and give her the difference—I promised to do so—I went to Coutts' afterwards, and was detained.
PETER SHEDDEN . I am clerk to Coutts and Co. Edward Majoribanks is a partner in the house—there are other partners—(looking at the first bill)—I took this out of the acceptance-box and marked it—it is the same bill.
JOSEPH THOMPSON (policeman.) On 5th may I took the prisoner in charge, in Stafford-street, Lisson-grove—I held the two bills produced, in my hand, and asked her where she got them, as I thought they were not all right; she said from Mr. Douglas—I asked her how she got them; she said, she received them by post from Watford—I asked her where Mr. Douglas lived; she said, 34, Charles-street, Berkeley-square; if I looked in the Directory I should find it there—she said Mr. Douglas was her sister, and the wife of Admiral Douglas, who was a very old man, and she always transacted his business for him—I searched her room and found these papers marked E. and F., in a writing case, and also a letter—when I found the paper marked E, I asked her whose writing it was, she said it was hers—I said, it is a bill of acceptance; she said, "Yes, I was merely scribbling at the time I wrote it"—I found this paper at the house written in pencil, and a letter, not opened, directed to Coutts and Co.—I asked her who wrote that; she said she had, and that she was about to send it to Coutts'.
MRS. CATHARINE ANN DOUGLAS . I am the wife of Admiral J. E. Douglas—he is advanced in life, and in infirm health—I do not live at Watford, but near Bushey—we have a house, 34, Charles-street, Berkeleysquare, but have not occupied it for or five years—the prisoner is my sister—I have an account at Coutts' banking-house in my own name—I am in the habit of drawing on the house myself—neither of the two bills produced are my writing, nor written by my authority or sanction—this note is not my writing—I had rather not say whose it is—I believe it to be the prisoner's
COURT. Q. How long is it since you have had communication with the prisoner? A. I have not seen her since 1830—it was not at marriage that we ceased to have communication—I do not know her husband—he lives in the West Indies—she has children by him, who live with him—I do not know how long she has ceased✗ to live with him—she came home from Jamaica in ill-health—she has applied to me for help—(the bills were here read as follows:—"Watford, 4th May. Fifteen days after date, pay Mr. Williams, or order, 5l. for value received. C. A. DOUGLAS. To Messrs. Coutts and Co.")—("Watford, 2nd may, 1847. Gentlemen, fifteen days after date, pay Mr. Williams, or bearer, 5l. C. A. DOUGLAS. Messrs. Coutts and Co.") (Letter read—"3rd May. Gentlemen, I have drawn a bill on you at fifteen days, payable to Williams, or order; and will thank you to honor the same when applied for. C. A. DOUGLAS."
GUILTY . Aged 36.— Transported for Seven Years.
GUILTY . Aged 38.
Michael Macnamara, currier of Finsbury; William French, egg merchant, of Whitechapel; and Barnett Moss, plate-glass maker, gave the prisoner a✗ good character.
Confined Two Years.
MR. PAYNE conducted the Prosecution.
GUILTY . Aged 43.— Death recorded.
MR. RYLAND conducted the Prosecution.
NEW COURT—Friday, May 14th, 1847.
PRESENT—Mr. Alderman MUSGROVE, Mr. Alderman SIDNEY, and Mr. COMMON SERGEANT.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Transported for Seven Years.
1181. CORNELIUS TAYLOR was indicted for stealing 3 chairs, 1 table, 1 fender, 1 tub, 1 pair of tongs, 1 table-cover, 1 tea-board, 3 pictures, 3 blankets, 7 sheets, 2 window-curtains, 3 beds, 4 quilts, and 1 clock, the goods of Walter Quinn; to which he pleaded
GUILTY . Aged 24.— Confined One Year.
1182. CHARLES MUSTON was indicted for embezzling 1l. 3s. 1 1/2 d., 9d., and 6s. 5d., which he received on account of James Withers; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 23.— Confined One Year.
JOSEPH BOX . At the letter end of Jan., 1846, I was accosted, when I was passing through Little Britain, by a person apparently in considerable difficulty—he stopped me, and asked me if I would render him a little service—I asked what was the nature of it—he told me had purchased a horse of a man, and he would not let him have it—I went with him, and when I had got alongside the horse, the prisoner came up—he told me this was the person of whom he agreed to purchased the horse—after a little hesitation, I said to the prisoner, "Why don't you let him have the horse?"—he said, "It is worth
more than I offered to let him have it for"—the man said he offered to let him have it at 25l.—that he went to inquire of a person who agreed to have it at a figure, I do not know what, and when he got back the prisoner wanted 36l.—I said, "Why don't you let the man have the horse?"—he said he wanted more for it—I said, "I think it is very unhandsome," and I was going away—the other man said, "For God's sake, don't leave me"—he urged me, and I stayed some time—I was coming away, and at last the prisoner said, "You shall have it for 30l."—I said, "That was not the agreement; why do you want 30l. when you agreed for 25l.?"—I was about leaving, and the prisoner said, "He shall have it for 25l."—I said, "I wish you good day"—I thought my services were at an end, but the other man said, "Do, pray, see the money paid, or he will do me, after all"—I said I had no objection to that—I went into the public-house, and the other man took out a double handful of sovereigns and put them on the table—he counted as far as eighteen, and the prisoner said, "No, I will not let him have the horse"—I said, "This is singular—not let him have the horse? I don't understand it; I beg leave to leave the room, and have no further to do with it"—the prisoner said, "I will sell you the horse, but not this man; the horse is not mine, it belongs to an uncle of mine, a man residing at Barnett; I won't have any transactions with this man; my uncle would be very angry if he knew I sold this man the horse; my uncle and he have had some difference"—the other man said, "Will you pay for it?"—I said, "I have not the money"—he said, "Perhaps you can get it"—I said, "That is very true, I can do that, and double the amount, if that be all"—he said, "You will render me a great service;" and he said he would pay me the amount, and there was the money; and there appeared to be more money on the table than would pay for it—I said, "I have money at home, but I am some distance from home, I reside in King's-road, Gray's Inn-lane"—they said, "Well, we will take a cab and go for it"—well, somehow, they induced me to go—they took a cab, and both went to my residence, and into my drawing-room—I was about to pay the money to the prisoner, and the other man said, "Don't pay it here; perhaps the horse is gone; somebody may have run away with it"—I said, "That is a very good precaution; we will return and see it"—we went into the cab, and went into another public-house, and the prisoner said, "I am now ready to take your money"—I paid him a 10l. note and three 5l. notes, and he took the money—I paid him them for the other man—he was to deliver the horse to the other person on my paying him these notes—I said, "I don't want the horse, I have no place to put it in"—as soon as I had paid it, the other man tendered me a sovereign for my trouble—he had said he would remunerate me, and he took it out of his own pocket and gave it me—I took the sovereign—the prisoner said, "Now I will deliver the horse into your hands, and the other man will follow you"—we left the room—the prisoner went first, I at his heels, and the other man, as I thought, at my heels—the prisoner delivered the horse into my hands, at least the halter, and I looked round for the other man to put it into his hand, but he was gone—there was I standing with the halter in my hand, and surrounded by, I suppose, sixty of the lowest individuals—after about five minutes, a man came up and said, "Who does this horse belong to?"—I said, "I don't know that you have any business with the horse, I have got the horse in my charge"—he said, "I must not let it stand here, it is dangerous, it has got the glanders; I must take it to the Green-yard"—he put his hand up the horse's nose, and made it bleed, and he said, "Now you see it has got the glanders"—I at last sold the horse, after waiting here the whole Sessions—the prisoner was out on bail, and he eluded
his bail—he was off-you yourself, my Lord, was applied to to estreat the bail, and would not do it—you said they ought to produce the prisoner—I sold the horse for 11l., after keeping it some time—I had to pay the expenses—I suppose I was out of pocket about 25l.—I kept it at livery, and advertised the sale of it, and nobody would take it—at last I got rid of it for 11l.
Cross-examined by MR. BALLANTINE. Q. What did you say you were, or did you mention? A. I did not say I was anything—I am independent—I have been a schoolmaster in London the greater portion of my life—this began by a perfect stranger accosting me in the street—I was induced by him to go to see the horse—he earnestly entreated me to interfere my services to get the prisoner to let him have the horse—I did not know the prisoner, but he well knew him—I am between fifty and sixty years of age—I did not interfere in favour of a person I knew nothing of—I did not interfere against him—I have stated what I interfered for, and three of the Grand Jury told me they did the same thing—I was urged to interfere in this matter—I was to get 1l. for it, but that argument was not tendered till after the prisoner said he should have the horse for 30l.—I was going to leave three times before—it was pure good nature on my part—when I went to the place I saw the horse in the street—it was in my possession, perhaps from three weeks to a month before I parted with it—this occurred at the end of Jan. 1846—I advertised the horse—I do not know that I advertised it as the property of a gentleman—I am not in the habit of advertising horses—I never did so before—it was not the property of a gentleman who was going out of the country—I will swear that was not the nature of my advertisement—I cannot repeat the nature of that advertisement, but it was an advertisement for the sale of a horse, describing the height of the horse, and, as I thought, the qualities of the horse—it was about sixteen hands high, and I think it was an easy going horse—I had not ridden it—I meant by its being an easy going horse that it was not restive—I had tried it once—I think another quality was that it was easy in harness—I do not at present recollect the precise wording of the advertisement, but if you will read it I will tell you, as nearly as my memory will help me, whether that was it—I will not swear that I did not state it was the property of a gentleman, but I did not say it was a gentleman going out of the country—I did not state it was a very good horse—I gave no warranty for it—before I advertised it I took it to a veterinary surgeon, and consulted him as to the value of it—I asked him, "What do you suppose to be the value of it?"—he said, "I cannot say; get what you can; what did you give for it?"—I said, "What I gave for it was 25l., and I have been at some expense"—"You will not realize that," said he; "you must make up your mind to get considerably less than that"—I said, "Has it got the glanders?"—he said, "No it has not, but it will last but a very little while"—I asked different sums for it—I asked 36l.—I should have taken that for it if I could have got it—I should then have been money out of pocket—the surgeon said I must get what I could for it—I was guided by him—I was a perfect stranger—in addition to the 11l. I did not get the amount of the keep, only a portion of it—I let the man drive it who had it at a stable—it was he who got it for the 11l.—I forget how much I owed for the keep—I suppose the horse stood me in somewhere about 30l.—I gave 25l. for it—I got 11l. for it and the keep—I forget what that was, and a sovereign I put in my pocket, but I cannot reckon that, for my time was worth more than that to me—that made 14l. or 15l.—I found the prisoner on another charge at Worship-street, and no person appeared against him.
Q. When you parted with this money, did you intend to get it back at all,
or did you intend to get sovereigns back? A. I expected the man would have taken the horse, and paid me the 25l.—I expected it would have been in sovereigns—I parted with my notes expecting to get back the sovereigns—in nine or ten instances I have had people with me to compromise this matter—I would not compromise it—I have withstood all.
JAMES BRANNAN (police-constable G 20.) I went to Birmingham, and took the prisoner—he said, "If I suffer for this, any man is liable to suffer; I sold the horse, and if the old man and you will speak the truth I have nothing to fear; you may inquire into my character; I am glad to meet the charge; I have earned a few pounds to meet it."
Cross-examined. Q. You found him working there as a butcher? A. I did not find him; he was brought to me—I heard he had committed no offence there—I got the information from the police authorities there.
NOT GUILTY .
CHARLES JOHN THOMAS FREELOVE . I did live at Draper's-buildings, St. Pancras, and am a chimney-sweeper. I had some lead on my house, which I saw safe about three months previous to the 18th of April—I had it repaired after the storm we had in Feb.—the prisoner was in my service—I have seen this lead, but I have not compared it with that in the gutter.
JOSHUA ALLUM . On Sunday afternoon, the 18th of April, between two and three o'clock, I saw the prisoner on the top of the prosecutor's house—he was busily t work pulling what I suppose was the lead off the house—I watched him, and perceived that he saw me watching, and he, as an ex✗, carried some bits of tiles from one end of the roof to another—he soon after went down the trap-door, and went down stairs.
GEORGE BOARDMAN (police-sergeant E 16.) I searched the roof of the prosecutor's house—I found this piece of lead under some tiles, and this other piece pulled about two inches from the place where it had been fixed—✗ther piece of about eight pounds is still missing, and has not been found.
Prisoner's Defence. I never touched the lead; the policeman must have pulled it away from the roof.
JOSHUA ALLUM re-examined. I was in the second floor room, right opposite the house—the houses are level with one another—they are only two stories high—I saw the prisoner quite plain—it is a flat roof—Draper's-place is a small place, it is only about nine feet wide—the prisoner appeared to be ripping the lead up.
GUILTY . Aged 17.— Confined One Month.
1185. WILLIAM WHITE and JOHN JONES were indicted for stealing 1 purse, value 6d., the goods of a certain woman whose name is unknown, from her person.—2nd COUNT, stating it to be the goods of a certain man whose name is unknown.
MR. RYLAND conducted the Prosecution.
JOSIAH THOMPSON . I am a leather-dresser, and live in Bermondsey-street. I was on London-bridge on Tuesday afternoon, the 4th of May, between twenty minutes and a quarter to four o'clock—I saw the prisoner and three others standing by Wallis's ale-shop—I looked into a tobacconist-shop, thinking
they were after no good—they went on the bridge, towards the City, and when they were about the centre of the first arch, I saw White go up to the right-hand side of a lady—one of the others went on her left side—two were behind this one, and one behind the other—I cannot say which was on her left side, but I can swear Jones was one of the three—I saw White, with his left hand, take a purse out of the lady's pocket—it was a light blue or grey one—White instantly darted across the road, still keeping the purse in his hand—it was projecting out of the side of his hand—they all went together—White was first—I crossed over—they all took the steps down to the wharf where the steam-boats go from, near Alderman Humphrey's—I went into Alderman Humphrey's, and Mr. Marchant came out to assist me—when I got in sight of the arch I saw the prisoners and three other persons standing under the arch—Mr. Marchant stood where he was—I went up to them—before I got to them they ran away, and went up the steps on the other side, still running, and Jones, and one of the others who has not been taken, got into an omnibus which still kept going on—I went up to the conductor and told him he had got thieves in his omnibus—he still kept on—I told him I should take his number, if he did not stop, and while I was doing so they got out of the omnibus, and proceeded off—I ran and took White—he resisted very much.
Cross-examined by MR. DOANE. Q. You are a leather-dresser? A. Yes—I am journeyman to Mr. Thomas Cundie, No. 73, Bermondsey-street—I have lived with him between five and six years—I was going on his business when I saw this circumstance, quite plainly—there is an extensive traffic there—the woman who was robbed was not particularly stout—I was as near to her as I am to you—I did not say to her "You have been robbed"—I had some goods on my shoulder—if I had gone to her I should have lost the prisoner—I did not call out to the persons who were walking, "These boys have committed a felony"—I said so to the woman who keeps a fruit stall at the top of the steps—I left my parcel with her—White did this with one hand—there was not a great crowd between the prisoners and me—there was no person but the prisoners between me and the woman—I believe no purse has been found by anybody—I am sure I am not mistaken as to the prisoners—I have never been a witness before—I did not make any search after the woman after I had been to the station—I had goods to take to Chaplin and Horne's,
Cross-examined by. MR. ROBINSON. Q. On which side of the bridge was this? A. On the right hand side coming from the Borough—I was close behind the prisoners and the lady—she was walking from the Borough on the right side of the bridge—I was nearer to the Borough than the woman was—the prisoners and the others then crossed and went down the steps to the water—I had three parcels on my shoulder—I left them with the woman who sells fruit—the parcels were nearly as large as my body—the lady was dressed in black—she had a black velvet caps or mantle, and a silk or muslin gown.
MR. RYLAND. Q. You are not a thief-taker or a policeman? A. No—I came to it quite accidentally—I never was concerned in stopping a thief before.
JOHN MARCHANT . I am employed in a wharf belonging to Mr. Alderman Humphrey, on the Surrey side of London-bridge. On the afternoon of the 4th of May, the witness Thompson came to me—in consequence of what he said to me, I went out of the doorway which commands a view of the arch of the bridge—I saw the prisoners and two other—one of them stood looking
with something in his hand, which looked like paper, and I saw White pass something, which looked like a purse, to one other of the party—the witness went towards them—I went with him—on our getting towards them they moved towards the steps leading to Fenning's wharf, and ran up the steps—I went up and saw three men running away—I followed after them, as fast as I was able, and I saw one of the policemen had Jones in custody—I returned to the wharf—I am certain the prisoners are two of the party.
CHARLES BOWMER . I am collecting clerk to Pickford and Co. On the afternoon of the 4th of May I was on London-bridge—I heard a cry of "Stop thief!"—I saw the two prisoners and a third person run into an omnibus, as it was proceeding on—White opened the door and got in, and the two men followed him—they immediately left it, finding Thompson close upon them—they made towards the City—I followed them, and caught Jones—I kept him till the policeman came—he asked me what I detained him for—I said, "For picking a lady's pocket"—he denied it—after I had him a few minutes he struck me on the arm with a stick—I have not the least doubt the prisoners are two of the three men.
GEORGE ARNOLD . I am conductor of a Brompton omnibus. I was behind the omnibus on London-bridge on the afternoon of the 4th of May—we had left the railway, and were going towards Brompton—I saw some persons get into the omnibus and out again—I cannot speak to their persons, as it was done in a moment.
COURT. Q. Did they get out without paying? A. Yes—as soon as they were in a man ran up and called out that they were pickpockets, and they ran away—I could not stop them for my money—they pushed the door open and ran out again.
Cross-examined by MR. ROBINSON. Q. Was not Jones seized the moment he got out? A. I did not see him taken—it was done in a moment.
JOSEPH HEADINGTON (City police-constable, No. 20.) I was on Londonbridge on the afternoon of the 4th of May—I saw a crowd of persons—Mr. Bowmer had Jones close by him—I do not know whether he had hold of him—he told him he heard a cry of "Stop thief!" and that he was one of the persons concerned in robbing a lady—I took him to the station—I found on him 1 1/2 d.
(†)WHITE— GUILTY . Aged 16.
*JONES— GUILTY . Aged 30.
Confined Nine Months.
WILLIAM BUTTERFIELD . I am in the employ of Mr. John Beck. I employed the prisoner on the 15th of April—we had a tarpaulin and a rope on the premises—I missed them from the premises, and the prisoner also—this is the tarpaulin—the rope has not been found.
JOHN SMITH . I am a tallow-melter—I met the prisoner on the 16th of April—he asked me to give him a ride, which I did, up to Sloane-square—he told me he had a tarpaulin and rope to sell, and asked if my master would buy it—I said no—I gave information of it.
GUILTY . Aged 20.— Confined Three Months.
1187. CATHERINE JONES was indicted for stealing 1 table-cov✗ value 2s.; 1 gown, 7s.; and 1 shirt, 1s., the goods of Virginie Marlow: gown, 10s.; 1 pair of stays. 5s.; 1 petticoat, 2s.; 1 pair of stockings, 1s.; night-gown, 2s.; 1 shift, 2s.; 1 work-box, 3s.; and 1 bonnet, 5s.; the good of Margaret Charlton: 1 counterpane, 3s.; 1 blanket, 4s.; 1 shirt, 1s.; ✗ 2 spoons, 1s.: the goods of Eugene Vincens, her master.
MATTHEW MOONEY re-examined. I live at No. 4, John's-court. I am musical-instrument maker—this box belonged to the prisoner, I believe—do not know it—the box was not where I live, it was at No. 5—the prisone✗ came to us to lodge—we do not keep a lodging-house, but the prisoner cam✗ there, and my mother said she did not mind—we are only lodgers there-Bushroy lives in the house.
WILLIAM BUSHROY . I was up stairs at Mr. Mooney's. The prisone✗ came up and asked for soap to wash herself—she then asked me to go on with her—I went with her, and she gave me this bundle to carry—this bo✗ was in it.
Prisoner's Defence. It was my misfortune to be engaged in this house ✗ ill-fame, in Panton-street; I got out as soon as I could, and never returne✗—I sent a boy for my things, and he carried away other things beside mine
NOT GUILTY .
Prisoner's Defence. I asked the man for the jacket, but had no intention to take it away.
GUILTY . Aged 23.— Confined Three Months.
three seals and some pence on the desk, in my counting-house,—I left the counting-house, and was absent half an hour—I returned—the prisoner was gone, and I missed the pence and seals—I followed the prisoner, and the policeman changed him with taking the seals—I told him if he would give me the seals, he might have the money—he said, he had not got them—the policeman pressed him to give them up—he had some cork on his truck—he went to the truck, and the seals fell either from the truck or from his hand. I do not know which—the truck was about ten feet from the well of my warehouse—these are the seals, they are mine.
JOHN BYRON (police-constable C 39.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—"Convicted 18th of August, 1846: and confined four months:)—the prisoner is the person.
GUILTY . Aged 18.— Confined One Year.
1190. JOHN REDDINGTON was indicted for stealing 1 metal cock, value 10s.; 1 copper-ball, 3s.; and 3lbs. weight of lead, 6d.; the goods of Samuel Grinsdell, and fixed to a building. 2nd COUNT, stating them to be the goods of the inhabitants of the County of Middlesex.
RICHARD WALKER (police-constable G 33.) I found this property in the prisoner's possession on the 5th of April, about half-past twelve o'clock at noon—I asked him where he got it—he said, he brought it from the prison in Spitalfields.
Cross-examined by MR. HORRY. Q. He afterwards said that he took it from Clerkenwell prison—that he was clearing rubbish away, and he took it out of the barrow? A. Yes.
SAMUEL FLETCHER . I am clerk of the works to Mr. Samuel Grinsdell, at Clerkenwell prison—this cock was fixed in the south-eastern angle of the basement of the prison—at least, a ball-cock like this was, and it was missing—I believe this is it.
Cross-examined. Q. I believe it was the week before that you had seen it last? A. Yes—I think on the Thursday before.
Prisoner. I found it in the rubbish, and shot it outside.
(The prisoner received a good character.)
GUILTY . Aged 38.— Confined Three Months.
GEORGE GOWARD . I live in Blewit's-buildings, Fetter-lane, and am servant at Mr. Williams's, the boiled-beef-house, in the Old Bailey—I have been with him about ten months. On Sunday evening, and 18th of April, I was coming home, about half-past ten o'clock, across Leicester-square—the prisoner Rowe came up by my side—he passed some remarks on the weather—he then asked me if I would have anything to drink—I said, "No"—he said he was coming part of my way—he asked me again to drink—I refused at first, and then said I did not mind, I had not anything to drink all day—we went into a public-house—he called for a glass of gin and water—he turned from the bar, and went in the yard, and while he was gone I paid for it—we then came out, and I bid him good night—he then asked me if I would
walk to his place—I told him no—he walked on to the Strand, and then he asked me again—I went with him to have some refreshment at his place (a respectable house, as I thought it looked to be) at No. 23, Charles-street, leading out of Parliament-street—it is the first turning past the Horse Guards—he asked me to wait while he got a light—he got a light, and asked me in, and took me to the top room of the house—he took off his coat, and put on another—he locked the room-door, and took the key out—I began to be surprised—I went to the room-door, and found it was locked—I tried to open it, and he asked me what I was going to give him—I asked him what for, and what he meant—he said he should except I should give him something for coming there, and I should not leave without—I said no, I had not got any money—he said I had got good clothes on, I should leave some of them—he spoke very low himself, and I dared not speak loud, as I did not know who might be in the house—he asked me again if I would give him anything—I told him no—he put out the light, and went into a closet, came out again, and sat on a French bedstead a little while—he then went into the closet again, and came out with his hand in his coat-pocket—he said had I made up my mind—I said I would not give him anything—he said I had a ring on, let him look at it, and feel my pockets—I said no, I would lose my life first—he then lighted the candle, and told me again I had got good clothes, I should leave some of them—he said he was in difficulty, he wanted 2l. or 3l., and he would have it, or it would be the worse for me; he knew I had some—I told him no, I had not—he said I might leave my outside-coat, and call again, or leave some money—I said no—he said I might think myself well off if I did not get stripped—that he had been served so, and it might be well if I did not get served so—he told me to leave my umbrella, and he took it out of my hand—he lighted me down stairs, and I went out—he asked how long I should be—I told him a very few minutes—I was to bring some money to get my umbrella—I saw a policeman, and told him—he came and knocked at the door—it was opened by the landlord—I showed the policeman the door of the room I had been in—he knocked two or three times, and the door was opened by the other prisoner, Bartholomew, whom I had not seen before—the policeman asked him if he had been at home all the evening—he said, "Yes"—I had described the room—I said there were two bird-cages in it—Bartholomew said I must be mistaken, for ha had been at home all the evening—I looked round the room, and into the closet where Rowe went, but he was not there—I then heard some water poured out—I then looked under the bed, but I did not see any one—we went down again, and the officer went to inform the police-sergeant—they came back, and looked in the room, but could not find my umbrella nor my handkerchief—I had had a handkerchief in the room, and when I went to call the policeman I could not find it—I went to the room with the officer the second time—I looked around, but could not see any one but Bartholomew in the room—I could not see my umbrella—the sergeant said he should take Bartholomew—I went to the station, and told them about my umbrella—I went the next morning to Bow-street—I there saw Rowe, who had locked me up in the room, and took my umbrella—this is my umbrella—I can swear to it—I cannot swear to this handkerchief.
Rowe. You put the umbrella into my hand. Witness. I did not—you took it away from me—you kept your hand in your pocket—I thought you had some weapon—the policeman said he found a razor.
before one o'clock that morning, in Charles-street—the prosecutor came to me, and I went to No. 25, Charles-street—I got admittance, and went up stairs to the room which the prosecutor described—I knocked several times, and Bartholomew opened the door—the prosecutor said that was not the man—when Bartholomew heard the nature of the case, he said we must be mistaken, no stranger had been there—we made a search for Rowe, and looked into the closet and under the bed, but could not find him—we searched the room thoroughly.
Bartholomew. I told you I had been at home up to half-past nine.
Witness. You said you had been at home all the evening.
WILLIAM ADAMS (police-constable A 164). I went with Young and the prosecutor—I saw Bartholomew—I asked him if he belonged to the room—he said, "Yes"—I said a gentleman had been robbed in that room—he said I must be mistaken, he had been in the room all the evening—I said, "Are you sure you have been in the room?"—he said, "Yes, and in that bed," pointing to a bed—I looked into the closet—it was large enough for two persons to go into—I looked under the bed, and saw a quantity of clothes, and it appeared as if some one had been lying under the bed—in consequence of Bartholomew being so bold, and denying everything, I left a constable in the room—I went to the station—I came back and apprehended Bartholomew—when I took him, he said, "How can I be answerable for who went into the room; when I am out I hang my key up; I did not go out the beginning of the evening"—when he had been locked up some time I went to the room again, and found the room which he had locked had been entered by means of a pane of glass being broken in the window—on that I demanded admittance into another room—I there found Rowe on his back, covered with rags—(they had denied all knowledge of his being there when I entered the room)—I said he was my prisoner, and asked him how he came there—he said he lived in the house with Bartholomew, and he had lived there twelve months—on taking him to the station I said it was a serious charge, I supposed he was aware of it—he said' "Certainty"—he said he did not ste✗ the umbrella, but he became alarmed and threw it away, and he wished it had been broken into fifty pieces—I found on him a key corresponding with one on Bartholomew.
Bartholomew. I said I was at home up to half-past nine o'clock, and then I went with a friend up to Exeter-street; I then met with another friend, and walked to the New Cut.
CHARLES WALKER (police-sergeant 19 A.) I went to the house—I saw the attic window open—I went on the roof, and found the umbrella concealed under the tiles—this handkerchief was concealed between a pillow and a pillow-case in the room.
JAMES TUCKER . I am a tailor, and live at No. 25, Charles-street—the prisoners lodged both in the same room there—Bartholomew had been there about a year and a half—he took Rowe in to sleep with him—there is but one bed in the room.
CHARLES WALKER re-examined. I saw the prisoners sign this examination. Read.—"The prisoners having been cautioned as to what they would say, and then asked if they would say anything, the prisoner Rowe said—'I was going through Leicester-square on Sunday evening at half-past ten o'clock; I met this young man, he spoke to me, and asked me which way I was going; I told him; he said he was going towards the City, and asked me if I would take anything to drink; we went to a public-house, and after coming
out he said he had lost his own key, and could not get into his lodging for the night, and said he should have to walk about all night; I told him rather than he should do that he might go home with me; he went up stairs, and sat upon the bed for some time, and then he said he thought he had better go and see if he could get into his own lodging; I told him he could do as he pleased, but if he kind he could stop; he said, "Since you have been so kind as to offer me part of your bed, I will make you a present of this umbrella;" I thanked him, and told him it was of no use to me as I never carried one; he then said, "I will leave it with you, and call for it to-morrow, as it is a dry night," I opened the door, and let him out, and showed him a light down stairs; I stood at the door a minute or two, as he said he should be back in a few minutes; I saw him go up to a policeman, and then I saw him coming back with a policeman; I ran up stain directly, being terrified, and I threw the umbrella out of the window on to the leads; I know nothing of the handkerchief; he might have left it there, as he sat upon the bed for half an hour; when the policeman came I got out of the way for some time, being so frightened; I have got no more to say; I have got no witnesses at all. JOHN ROWE."
"The prisoner Bartholomew says—'I was at home all day yesterday up to half-past nine o'clock last night; a friend having called upon me, asked me to take a walk with him; I did so, and left him at the corner of Exeter-street, in the Strand; on my return back, I met with another friend at the corner of St. Martin's Church; I walked with him over Westminster Bridge as far as the New Cut, and I was talking with him at the corner for three quarten of an hour; I returned back to Charles-street; when I went in I had no one in my room; the door was unlocked; I looked to see if any one was there, and who had been there; I did not see any one; I undressed myself, and was about getting into bed when the policeman came and knooked; I asked who was there, the answer was "A policeman;" I asked him what he wanted, he told me to open the door; I did so, and saw the policeman and a young man whom I had never seen before; he said he had been robbed of a✗ umbrella; I told him he must be mistaken, that I was not the person, and he must be mistaken in the room; he asked me to let him in to look, and I did so; the young man said the umbrella was taken from him, and put into the bed-clothes; they searched the room, and looked into the closet, and under the bed, and pulled the bed to pieces to see if the umbrella was there; it was not to be found; they went out, and I shut the door and locked it, and was about getting into bed, but I opened the window to listen if I heard any noise in the street; I looked over the parapet, and there I saw the policeman and the young man talking together; the policeman cast his eyes up, and seeing the window open, he walked away into Gardener's-lane; the young man stopped behind on the opposite side of the way; I shut the window, and went to bed; in a few minutes afterwards a knock came at the door; I asked who was there, the answer was, "A policeman;" I got up a second time and opened it; I was then taken into custody; I have no witnesses to call. JAMES BARTHOLOMEW.'
"Taken before me this 19th day of April, 1847. THOMAS J. HALL.
Rowe's Defence. This man has sworn falsely; he gave me the umbrella, and said he would call for it; I would not accept of it.
BARTHOLOMEW— GUILTY . Aged 27.
ROWE— GUILTY . Aged 27.
Transported for Seven Years.
1192. WILLIAM CHANEY was indicted for stealing 36 lbs. weight of straw, value 10d., the goods of Richard Weekly, his master; and JOHN GURLING for feloniously receiving the same, well knocking it to have been stolen, &c.
MR. WILD conducted the Prosecution.
JAMES FRY (police-constable T 66.) On the 14th of April, about five o'clock in the morning, I was on duty in Hammersmith—I saw a wagon come up, driven by Chaney—I saw him go and call Gurling up from a house adjoining to a stable—Gurling came down, and I heard some "correspondence" going on between them, but I could not tell what it was—I do not know that I heard any part of it—Gurling then went and looked up and down in the road—he then came back to Chaney, and said, "It is all right, make haste, jump up, chuck it off"—Chaney then got on the load, and chucked off a truss of straw—Gurling took it into the stable, and Chaney followed him—I went down, and told Chaney I must take him to the station-house—he said, "Very well"—I took him and the straw to the station—on the way he said he was very sorry; that it was his master's property; it was the first time he had ever robbed his master, and he would never do the like again—I asked what he was going to have for it—he said a pot of beer—I asked how he knew that—he said he had seen other carters do it, and he thought he would do the same.
Cross-examined by MR. PAYNE. Q. Where were you? A. In a loft of a shed, three or four yards from the prisoners—I was lying along—I was close enough to see everything that passed—I could see right down where they were—Gurling could not see me, because I was secreted—in going to the station I said, "I suppose you are well aware, Chaney, you have been doing wrong; you know this is your master's property"—he said, "I know I have, I know that this is my master's property"—I do not know what I asked him next—I did not keep asking him questions all the way.
MR. WILD. Q. How many trusses of straw were on the wagon? A. Seventy-two when it was delivered, and this other truss made seventy-three.
RICHARD WEEKLY . I am a farmer, and live at Harmondswort✗ Chaney was in my employ on the 14th of April—I had seen my wagon loaded the evening before to come to London—there should have been but seventy-two trusses of straw on it, but it is quite possible to introduce one in the bottom to make seventy-three—I have seen the truss of straw produced—I have no doubt it is mine—it corresponds with the rest.
Cross-examined. Q. How long have you known Chaney? A. Many years—he came to me twenty years ago, but he has been discharged twice since—he was discharged once for being intoxicated—I did not miss this truss—it is impossible I should—there should have been seventy-two trusses on the wagon—this truss was one of the same kind as the others, exactly—I do not know anything against Chaney, but I have heard this is not the first time he has left things at that house—Harmondsworth is fifteen miles from London—the house where this truss was left is twelve miles from my house.
JAMES FRY re-examined. This is the magistrate to this deposition—(read—"The prisoner Chaney says, 'I shall say no more about it; The prisoner Gurling says, 'Chaney came to my door and awoke me; he said he wanted a pint of beer; he said he had found a truss on Hounslow-heath, and wished me to take care of it—I put the truss in the stable."
(Gurling received a good character.)
CHANEY— GUILTY . Aged 48.
GURLING— GUILTYRecommended to mercy by the Jury.— . Aged 30.
Confined Three Months.
COLLINS pleaded GUILTY . Aged 16.— Confined Five Days.
ROBNISON WEBB (City police-constable 658.) I saw the prisoners in company together—I saw Beaseley feel Mr. Gill's pocket—he moved away from the stall he was at to another—I then saw Beaseley put his hand into Mr. Gill's left hand coat pocket, and take this handkerchief out and give it to Collins.
Beaseley. I was standing there; the policeman took this boy and me, and said I took the handkerchief; I did not take it.
BEASELEY GUILTY . Aged 16.— Confined Four Months.
1194. JAMES CURRIE was indicted for stealing 9 sixpences, and 1 groat; the monies of William Watson Webster, his master; and JOHN CANNELL for feloniously receiving the same, well knowing it to have been stolen; and that Cannell had been before convicted of felony.
CURRIE—pleaded GUILTY . Aged 11.— Confined Six Days and whipped.
CANNELL—pleaded GUILTY . Aged 13.— Confined Six Months.
*GUILTY . Aged 21.— Confined One Year.
1196. JULIA DONOVAN was indicted for stealing 1 cost, value 32s.; 1 gown, 10s.; 2 shirts, 4s.; 1 frock, 4s.; 2 petticoats, 3s.; 2 pinafores 1s.; 3 handkerchiefs, 1s. 6d.; 2 shifts, 3s.; and 2 yards of Holland, 3s.; of Dennis Callaghan ; also 1 gown, 5s.; 1 neckerchief, 1s.; 3 yards of ribbon, 2s.; 1 cap-front, 1s.; 2 petticoats, 1s.; 1 apron, 3d.; 1 pair of stocking, 3d.; 1 bed-gown, 6d.; 1 towel, 3d.; 1 hair-brush, 6d.; 1 purse, 1d.; 1 sixpence, and 8 sovereigns; the property of Thomas Wallis, in his dwelling-house; to all which she pleaded
GUILTY . Aged 23— Confined One Year.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 60.— Confined Four Months.
1199. JOHN SIMPSON was indicted for stealing 1 ring, value 50l.; the goods of Caroline Dawson Bruce Wetherell; and ANN SIMPSON for feloniously receiving the same, well knowing it to have been stolen; to which
JOHN SIMPSON pleaded GUILTY . Aged 17.— Confined Three Months.
CAROLINE DAWSON BRUCE WETHERELL . I lodge at No. 6, Seymourplace, Bryanstone-square. On the 8th of April I had a diamond ring safe on a ring-tray, between three and four o'clock in the afternoon—I missed it at eight o'clock in the evening—I acquainted the landlady of it immediately—the only person on whom I could fix suspicion was John Simpson—he used to bring coals from a person I have coals of, and he had brought me some that day—his master was sent for, and then he was sent for—he denied all knowledge of it—I had hand-bills circulated—I at lost got to Mr. Thompson's—I there saw my ring, and knew it—this is it—(looking at one.) FREDERICK COLLINS. I am foreman to Mr. Thompson, a pawnbroker. On the 14th of April, the prisoner Ann Simpson came to the shop—she wished to redeem some things—she gave in three duplicates, and then she said she wished to pawn a ring—she showed it me, and said she wanted as much as I could let her have for it—I saw it was valuable, and I said would 6s. do for it?—she said, "No"—I said, would 7s. do? she said, "Yes"—I then told her to wait till I sent to a lady—she said she could not, her children were at home—she left the ring, and I sent to the prosecutrix, who came and identified it—Ann Simpson came again and she was given in charge—she said the ring was given to her by her mistrees six years ago.
Ann Simpson's Defence. My husband's brother brought it on Saturday, and said he found it; we kept it till the Tuesday following; my husband told me to pawn it, and to say I had had it six years; I did not know it was stolen.
ANN SIMPSON— GUILTY. Aged 25.— Judgment Respited.
SUSAN WILLIAMS . I have at No. 139, Strand. The prisoner was in the habit of working as a char-woman on my premises—on the 8th of March I went to my plate-chest—I missed a quantity of plate—among the rest, eighteen spoons and twelve forks—I sent to the prisoner, and asked if she knew anything about the plate—she said, "Nothing whatever"—the plate that is here is mine.
WILLIAM BONHAM . I am assistant to Mr. Luxmore, a pawnbroker, in St. Martin's Lane. I produce eighteen spoons and twelve forks—they were taken in pawn from the prisoner—we have known her a great many years—she has brought these sort of things before.
Prisoner. I went to clean her apartments, and Mr. Wood came to my room, and asked me to take these things for her—she told me the property was her own, and she had been a respectable woman.
MARTHA SUTTON . I lived with Mr. Williams before Wood came—I saw the prisoner there several mornings, unknown to Mr. Williams—I saw her in Feb. several mornings, in Wood's company, when I went to char there.
GUILTY. Aged 32.—Recommended to mercy by the Prosecutrix. —
Confined Six Months.
1201. FRANCIS COCKERELL FREWIN was indicted for feloniously breaking and entering a certain building, within the curtilage of the dwelling. house of John James Messer and another, and occupied therewith, and stealing 14lbs. weight of copper, value 12s.; and 20lbs. weight of brass, 10s.; the goods of John James Messer and another.
JOHN JAMES MESSER . I have premises at Nos. 19. and 20, King-street, St. George's-in-the-East. On the Saturday night, the 24th of April I was the last person there—I left the premises all secure and fastened—the premises about on Grove-court—there is a sky-light to the foundry, and there is some timber there—between twelve and one o'clock in the morning of Monday, the 26th of April, I received information, and went to the foundry—I found the inner door of the foundry open and the things disturbed—there ware foot-marks there—some person had removed the skylight and descended on some loam that was there—I missed about 20lbs. weight of old brass, and some copper—I afterwards saw some found in the court—it was mine—I had seen it safe on the Saturday night—the premises belong to me and another person.
Prisoner. I never did such a thing in my life before; I had a place to go to on the following Monday; I did not know what to do to keep myself till them.
MARY SWAN . I live in Grove-street. On that Sunday night, about twelve o'clock, I saw the prisoner coming off the prosecutor's foundry, at the top of Grove-court—I looked to see where he got down—he got down in Grove-court, and from there into Grove-street—I went down to the street-door to tell the policeman—the prisoner passed while I was at the door, and his shoes were in his hand—I told the policeman—he brought him to me at six o'clock in the morning—I said he was the person.
EPHRAIM STOCKER (Police-constable H 138.) Mr. Swan gave me a description of the prisoner, and I took him about six o'clock on the Monday morning, in Grove-court—he had a bag in his hand—I asked him what he was about—he said he was doing nothing there, he was going to his work—he said the thing he had was his apron—I found it was a bag—I said I believed he was come for some copper which I had found in a privy there—I took him to Mr. Swan, and she identified him—he then said, "I shall tell no more lies about it; I did take the copper for 3s. 6d. he owed me"—this is the copper.
MR. MESSER re-examined. I never owed him anything—he was never in my employ—he had been employed on the premises a year ago.
GUILTY . Aged 18.— Confined Three Months.
CHARLES AYLETT . I live at Walworth. On the 28th of April, about twelve o'clock, I was in Farringdon-street—I felt a tug at my pocket—I turned and saw the prisoner—I took him, and dragged him out of a crowd, and called, "Police!"—the prisoner dropped my handkerchief—some person knocked my hat over my eyes—I should have lost the prisoner if two gentlemen had not come and held him till the officer came—this is my handkerchief and the one which the prisoner dropped.
GUILTY . Aged 20.— Confined Three Months.
SUSANNAH HILTON FOX . I live with my brother-in-law, Mr. Sawyer, in Hoxton. On Saturday afternoon, the 10th of April, the prisoner and another man came for a pint of ale—I served them—they gave me a shilling—I put it into the till, gave them change, and was going to leave them, when they called for the paper—there were several shillings in the till at that time—I cannot say how many—I did not go to the till again—I heard my sister say, "What do you do behind the till?"—the prisoner said, "I was merely going for the paper."
ANN SAWYER . I am sister of the last witness, and the wife of Harding Sawyer—there was about 8s. in the till that day—I saw the prisoner turn the corner of the bar—he had no business there—he said he had been for the paper, but the other man had the paper in his hand—the prisoner and the other man then went out—I missed the money—I ran out, and the witness Beek told me he saw the prisoner take the money.
BENJAMIN BECK . I was looking in through the prosecutor's window to see what the time was—I was the prisoner there—another man took a paper, and put it up before his eyes—the prisoner asked if it was all right—the other man said, "Yes"—the prisoner went and opened the till, took the money out, and shut it again—Mr. Sawyer asked what he wanted there—he said he had been for the paper—the prisoner and the other man then went off—I am sure the prisoner opened the till and took the money.
Prisoner. I pass the house every day to go work; this boy says he saw me thought the window; there is a large board in the window, which would prevent anybody looking through.
Witness. No, there is a little place that I could see through—I saw the prisoner jump over and go to the till—there is a little hole at the bottom—a little boy, not half so big as me, could see through it—the prisoner saw me two or three days after, and asked me what I saw—I knew the prisoner—he is one of the gang of Hoxton Old-town.
WILLIAM BEASLEY . I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted 16th of June, 1846, and confined nine months)—the prisoner is the person—he had been convicted before that.
GUILTY . Aged 19.— Transported For Seven Years.
JAMES CARTER . I am foreman to Mr. John Henry Machu, who lives in Twister's-alley, Bunhill-row. The prisoner has been in his employ about three years and a half—having a suspicion of losing some silk. I caused one of the men to be placed in a room on the 30th of April—I sent him there about seven o'clock, and in half an hour afterwards he came and informed me he had seen one of the lads do something—I searched the prisoner—I found nothing on him, but these bobbins of silk were found where he had been.
JAMES WARNER . I concealed myself to watch—I saw the prisoner take four bobbins of sewing silk from a basket placed under my charge—he secreted them about his person, and went from the braid machine room to the wire piping room—I came out of my place, and he was on the sill of the door—I went into the room and found these bobbins of silk.
Prisoner's Defence. Joseph Harrison came down at dinner-time, and said it I could get them he would give me something for them.
GUILTY. Aged 14.—Recommended to mercy by the Jury and Prosecutor.—
Confined Three Months.
OLD COURT, Saturday, May 15th, 1847.
PRESENT—Mr. BARON ALDERSON; Mr. ALDERMAN THOMPSON; Esq.
CHAPMAN MARSHALL, Knt; Mr. ALDERMAN MUSGROVE; and EDWARD BULLOCK, Esq.
Fourth Jury, before Edward Bullock, Esq.
GUILTY . Aged 19.— Confined Twelve Months.
ANN MANN . I am the wife of George Mann, of Bedford-street, commercial-road. The prisoner was in our service as char-woman—she worked for us the whole week, washing and ironing—she did not live in the house—she earned 8s. or 12s. a week—she went home one morning, as she was unfit to work, and I missed a table-cloth, which was safe at breakfast-time—I sent a women after the prisoner—the woman brought the cloth back—this is it—it is my husband's property.
CHARLOTTE COLLINS . I live in Break-street, Commercial-road. I work for Mr. Mann—I missed the table-cloth, and found it at a pawnbroker's—this is it—I found the prisoner drinking at a public-house, and asked her for the duplicate or the table-cloth—she said she had not got it—I said she must give me the duplicate or the table-cloth—she said if it was pledged, somebody else had pawned it, for she had not—I said, "It must be you"—she then called me on one side, and gave me the duplicate.
Prisoner's Defence. I was in liquor, or I should not have done it.
WILLIAM BROWN (Police-constable H 111.) I produce a certificate of the prisoner's former conviction, from Clerkenwell—(read—Convicted August 18th, 1846, and confined four months)—the prisoner is the person.
GUILTY . Aged 29.— Confined Twelve Months.
1207. WILLIAM HALEY was indicted for stealing, at St. Pancru, 1 bag, value 1d.; 1 box, 2d.; 1 coat, 30s.; 1 waistcoat, 8s.; 17 sovereigns, and 3 half-sovereigns; the property of John Savage, in the dwelling-house of James M'Cullum.
JOHN SAVAGE . I am a labouring man, and live at Ferdinand-place, Hampstead-road. On Wednesday, the 29th of April, the prisoner slept in the same room with me—I got up first next morning, and went to work at a quarter to six o'clock, leaving him in the room—I did not see him again till he was in custody—three other men who slept in the room still lodge there—on
Saturday night, at six o'clock, I went to my box, found it broken open, and seventeen sovereigns, three half-sovereigns, a small leather bag, a coat, waistcoat, and a small lock, all gone from it—I had not been to the box since the Thursday morning—I saw it safe last on Sunday, the 25th, or Monday, the 26th—I have found nothing but the leather bag produced—I saw it found by the policeman at the bottom of the prisoner's tro, in the✗ lining—I have had it ever since I was a boy—there had been eight sovereigns in the bag and nine sovereigns and 3 half-sovereigns in paper, kept in this housewife, which was left on the drawers, empty—I have been nine years gathering the money—I know the bag by eight small holes in it.
JAMES HILSDEN (Police-constable.) On the 3rd of May, about six o'clock in the evening, I went to Rugby, and then to Lawford, and found the prisoner in a field, with three others—he was pointed out to me by Savage—I said, "Bill, I want you, for the money and clothes you had from Ferdinand-place"—he said, "I know nothing about it"—Savage said, "How came you to rob a poor man like me?"—I said, "You must go to town with me"—we went to the Rugby station—I there said, "I shall search you, and see what you have"—he said, "I have only 3s.," which I found on him—about five o'clock the following morning we arrived at the police-station—the prisoner had not been out of my custody—I told him to pull his clothes off—he pulled them off, I examined them, and at the bottom of his trowsers, between the lining and the cloth, I found this bag, with four sovereigns in it—I was obliged to cut the lining to get it out—the prisoner said they had been there some time—Savage said, "That is the bag my money was in, "and described the marks on it—the prisoner had on a coat, waistcoat, hat, handkerchief, and shirt, which were all new.
Prisoner's Defence. I felt the lodging on Thursday morning, I could not get work, and walked to Rugby.
GUILTY . Aged 25.— Transported For Seven Years.
Before Mr. Baron Alderson.
1208. LOUISA NORRIS and LYDIA BASSEY were indicted for feleniously forging a certain declaration relating to a pension of 50l. per annum, payable to Frances Landon Gutterry, the widow of James Gutterry, Lieutenant in the Royal Navy, with intent to defraud Her Majesty's Paymaster-General.
BASSEY pleaded GUILTY . Aged 50.— Confined Three Years.
MR. GODSON, on behalf of the Crown, offered no evidence against Norris, who was accordingly ACQUITTED.
NOT GUILTY .
1210. EDMUND GARBETT was indicted for feloniously forging and uttering a bill of exchange for the payment of 50l., with intent to defraud William Booth.—2 other COUNTS, for forging and uttering an acceptance to the said bill, with a like intent. In other to defraud was stated to be to defraud Thomas Blagden, and in others to defraud Thomas Oliver.
MESSRS. MARTIN and HUDDLESTON conducted the prosecution.
WILLIAM GRAPEL . I am associate to Lord Denman, and acted as such at Nisi Prius, at the last assizes for the county of Surrey, held at Kingstom—I Was present at the trial of the action of Blagden ✗v both—I produce a bill of exchange, ordered by his Lordship to be impounded on that occasion—I have been in Court during the reading of the examination and cross-examination of the prisoner on that trial—according to my recollection, it is substantially true—I believe it was the evidence given by the prisoner which I heard on that occasion.
Cross-examined by MR. CHAMBERS. Q. Have you a recollection of what took place on the trial—did it attract your notice? A. It did—I think the counsel for Mr. Booth, the defendant, complained in his speech that the plaintiff had not called Mr. Garbett—I believe the first witness who was examined for the defence was Mr. Booth's son—I recollect in his crossexamination he was asked whether he had lately seen Mr. Garbett, or something to that effect—he answered that he had seen him just before—he finally said that Mr. Garbett was standing there, next to the defendant's attorney—I believe the counsel for the plaintiff immediately ceased his crossexamination, and the counsel for the defendant immediately called Mr. Garbett—I do not know whether he got up into the witness-box without having the slightest time for consideration—I believe he got up immediately—I believe it was on its coming out on cross-examination by the plaintiff's councel that Mr. Garbett was there, that he was instantly called up into the witnessbox—he did not appear flurried at all—I did pay particular attention to what was going on in the cross-examination.
MR. CLARKSON Q. I dare say the cross-examination was a long one? A. it was, I never saw a witness who appeared to be more collected in the answers which he gave to the question.
MR. CHAMBERS. Q. Did you listen to the examination of a Mr. Knowles? A. I do not remember the name.
FERDERICK PINS ANDREWS . I am a short-hand writer. I was at the last Kingston assizes when the cause of "Blagden ✗v Booth" was tried before Lord Denman—I remember the prisoner being called as a witness for the defendant—I took down in short-hand his cross-examination—this is a true copy of my notes of this examination.
COURT. Q. Do you undertake to say that the prisoner stated all the circumstances in the order in which you have taken them down. A. I do so.
cross-examined. Q. this begins at a portion of the cross-examination? A. Yes, I did not take any short-hand notes of what occurred before.
COURT. Q. You do not remember the examination in chief? A. I was present, but I was not engaged by anybody—I found the case was assuming a serious aspect, and I attended to it then—I did not take the first part.
CHARLES CORFIELD . I am a reporter for the County Herald and County✗ Chronicle—I was present the greater portion of the time of the trial of "Blagden✗ ✗v Booth"—I heard the whole of Mr. Garbett's examination—I have got my notes of his evidence which I made at the time—it is not in short-hand—I do not write short-hand—this is what Mr. Garbett said in his examination in chief—(read—"Esmund Garbett examined by Mr. Serjeant Shea—when the bill was presented to the witness, he said, 'This is my signature to this bill as drawer, and made payable to my order;' and he said, 'The acceptance was on it when I handed it to Mr. Phillips' ")—he was then cross-examined by Mr. Chambers.
COURT. Q. Then that is the whole of it? A. That is the whole I took down of the examination in chief—Mr. chambers then began to crossexamine.
[The transcript of evidence given on crass-examination was as follow:]
"The stamp was never out of my possession till it was handed to Mr. Phillips. Q. Had you Mr. Booth's authority to accept it?—A. I had not. Q. where did you get the stamp?—A. I purchased it at a shop in London, and from that time the stamp was never out of my possession; I never received a penny for it. Q. Never mind what you received for it; when was the 'Wm. Booth' put upon it?—A. Between the Friday and the Sunday. Q. What Friday, and what Sunday?—A. I believe it was between the last Friday and the last Sunday in November. Q. After the 21st?—A. Certaioly after the 21st. Q. After the 21st of Nov., 1846?—A. Certainly. Q. Did you communicate with Mr. Booth on the subject?—A. Not in any way. Q. Have you never done so?—A. Yes, I believe last Saturday week; I saw Mr. Booth.
"LORD DENMAN. Q. Was that the first time?—A. the first time, my lord.
"MR. CHAMBERS. Q. Why! did he not write you a letter?—A. Never; I never beard of this writing me a letter until I came into this court by accident. Q. Until you came by accident, what do you mean?—A. I came in pursuance of a subpoena served three hours ago. Q. Who served you three hours ago?—A. A gentleman. Q. Where were you three hours ago?—A. at my office, in King William-street, in the City. A. Who is the man; do you know him?—A. I do not; but I believe he is clerk to Mr. Stuart. Q. Where is your office, do you say?—A. My place of business is in King William-street. Q. What are you?—A. An attorney and solicitor. Q. Did you know what you came here to prove?—A. I did not until I came into the box. Q. Do you know what you are attempting to prove? A. I do. Q. Do you mean to say it is a forgery?—A. it is not in his handwriting. Q. Not in his handwriting! Who accepted it then?—A. I am in the hands of the Court.
"LORD DENMAN. It must be answered.
"Witness. I state, my Lord, that I filled the bill up at Mr. Phillips' request, in his own drawing-room, and handed it to him, and have never received a penny for it.
"MR. CHAMBERS. Q. I ask you who did that?—(pointing to the bill.)—A. Not Mr. Booth. Q. Did Mr. Phillips?—A. No. Q. Who was present when the bill was filled?—A. Mr. Phillips alone. Q. were there only you two present?—A. Mr. Phillips was not present when 'Wm. Booth was written; 'Wm. Booth' had been written before I filled it up in Mr. Phillips drawing-room. Q. Who was present when 'Wm. Booth' was written?—A. I won't say;—only myself. Q. Was any one else?—A. I cannot say. Q. I ask you to tell me whether any other person was present when 'Wm. Booth' was written, beside yourself?—A. I believe a clerk. Q. What clerk?—A. That I decline to say.
"MR. CHAMBER. My lord, I press the question?
"LORD DENMAN to the witness. Q. That other or you must have written it?—A. Precisely so. Q. You knew that when you uttered it?—A. when I handed it to Mr. Phillips I did know it, and Mr. Phillips knew it too.
"MR. CHAMBERS. Who was the other person? I ask the question, and I submit, my lord, it is a proper question.
"LORD DENMAN. It must be answered.
Witness. I decline to answer that.
"Q. Where was it 'Wm. Booth' was written?—A. I believe in King William-street. Q. Try and recollect; was it in King William-street, or where was it? was it or not? you must know the fact?—A. Somewhere in London. Q. is the singing a bill of exchange a circumstance so unimportant that you cannot tell whether it was in King William-street or Old Broad-street?—A. it was either at one or the other; some days I was at one place, and some says at the other. Q. if it was in king William-street, where in King William-street?—A. No. 78; it is used as an office for myself and others, who were transacting business with me. Q. is your name three?—A. No. Q. Who permitted you to use the office?—A. Messrs. Miller and Mr.—, attornies. Q. Were you carrying on business of an attorney?—A. I am carrying on business as an attorney, and answering letters and correspondence, and so on. Q. Have you seen Mr. Booth to day?—A. I have not seen Mr. Booth since Saturday week. Q. Where did you see him?—A. He came with that young man standing next to Mr. Stuart. Q. is the one of his clerks?—A. I believe not. Q. When you saw Mr. Booth a week ago, did you talk about this bill of exchange to him?—A. Yes. Q. what did Mr. Booth say to you? A. He said he had been served with a writ, and had been exceedingly angry about it; I told him it was about the bill; he said, "You well know I never accepted it; and he said he must go into other hands for protection. Q. Have you had any money transaction with Mr. Booth?—A. Not money transaction. Q. No bills of exchange?—A. Never. Q. Where were you living in 1846?—A. At Blackheath. Q. Are you now?—A. Yes. Q. Did Mr. Booth ever authorize you to accept any bill of exchange for him?—A. Never. Q. Do you know whether he did any other person?—A. I do not. Q. Do you know whether he authorized any person to write his name for him?—A. No. Q. When the signature, 'Wm. Booth, 'was written, was it copied from anything?—A. No. Q. Are you sure it was not?—A. That is my belief; I strongly believe it was not. Q. Are you not certain it was not?—A. I am not. Q. Were you sitting down or standing up?—A. Sitting down. Q. How near was anybody to you?—A. on the other side of desk. Q. Now I insist upon knowing the name of the party who did it?—A. I decline to answer the question. Q. You say you know nothing at all whether the party had authority or not?—A. I believe he had not. Q. Were you and he the only persons in the room?—A. We were. Q. I ask again the name, and require you to give it to me?—A. I decline to do it.
"LORD DENMAN. That question must be answered?—A. I have not said any other person was in the room but myself.
"LORD DENMAN. Then we are to take it that you did it yourself?—A. I decline to answer it.
"LORD DENMAN. Q. You say the other man did not it?—A. The other person was as near to me as the learned counsel is.
"MR. CHAMBERS. Q. Did you not give this answer just now, 'I do not know whether he authorised that person to write his name'?—A. I said I had no authority. Q. Now, I ask you, whether you know that the person who wrote it had any authority to write it?—A. Eh? Q. Had the person who wrote 'Wm. Booth,' any authority?—A. Not to my knowledge. Q. Had you any authority?—A. I had no authority. Q. Had the other person
who was in the room any authority?—A. He had not—at least I believe he had none. Q. Did he write it?—A. He did not. Q. Who is that other person?—A. That I decline to tell you. Q. But I insist upon your telling me, sir?—A. I am in the hands of the Court.
"LORD DENMAN. The question must be answered?—(the witness hesitated.)
MR. CHAMBERS. Q. You say there was another person in the room?—A. There was.
"LORD DENMAN. Q. What aged person was he?—A. He was a gentleman I suppose between twenty and thirty. Q. Was it a person you knew?—A. Yes. Q. Was it a man?—I t was. Q. Have you seen him to-day?—A. I have not. Q. When did you see him last?—A. Several weeks ago. Q, Do you know his name?—A. I do. Q. What is it?—A. I decline to give it. Q. Was he one of your clerks?—A. He was. Q. How many clerk had you?—A. Three. Q. Give me their names?—A. Johnson, Goodall, and Humphrey. Q. Was Mr. Lufton present?—A. He was about the premises. Q. Was he in the room?—A. I should say he was not in the room. Q. Will you swear he was not in the room?—A. I will not swear he was not. Q. Now was Humphrey in the room?—A. Humphrey was. Q. Were you and Humphrey there, and nobody else?—A. I believe not; he had been coming in and out. Q. Was Humphrey there when the words, 'William Booth,' were put upon the bill?—A. I cannot recollect. Q. Did he do it?—A. He did not. Q. Did he see it put on?—A. He might not have been noticing its being put on. Q. what has become of Humphrey?—A. I believe he is Shropshire. Q. Do you know whether he is or not?—A. I do not know. Q. He was your clerk, you say?—A. He was. Q. Did you discharge him from your service?—A. I did not, but I had no further occasion for his services? Q. You said that you did not know whether the person who put on the name had any authority?—A. There was another person in the room who might have had. Q. Do you know whether the person who really put on the name, 'William Booth,' had any authority to put the name on?—A. Not to my knowledge.
"LORD DENMAN. Q. You say you know he had not—why do you know he had not?—A. Because I state it was not the other person. Q. You say it was not; had you any authority to do it?—A. I had not.
"MR. CHAMBERS. Q. What! look at that acceptance—(handing it to witness)—was it in blank?—A. it was drawn in Mr. Phillips's drawing-room Q. What over the blank acceptance?—A. Yes. Q. now you say, that you have had the stamp ever since you bought it, in your possession?—A. Yes. Q. Where did you buy the stamp?—A. I believe in Broad-street. attornies in London are in the habit of buying stamp very often. Q. You say the stamp was purchased in Broad-street?—A. I believe by myself. Q. Are you not certain it was bought on purpose to draw this bill upon?—A. There were several stamps bought at the same time; I believe there were two 3s. 6d. stamps, and three 2s. stamps bought at the same time. Q. Is it New Broad-street or Old Broad-street?—A. Old Broad-street. Q. Was it a stationer's?—A. It was. Q. Where?—A. on the left-hand side, nearly opposite the back-door of the Hall of Commerce.
LORD DENMAN. Q. I wish to know if the defendant said he wished the matter settled, and that he ha sent word to you to settle it, but not to defend it; and he expected that you would pay the money, as it was a matter of your own; what could that allude to? any transaction between you and him? A. Yes, I had a communication, not from him, but from another
party. Q. Was that before it was done?—A. Since. Q. After he was served with the writ?—A. Yes. Q. It could not allude to anything that passed between you and him after the note was written?—A. No. Q. Had you no transactions with him?—A. I was his solicitor up to that time. Q. Was he your creditor or debtor?—A. There was some money owing from him, I believe to me. Q. How much do you think it was?—A. The bill has not been made out. I had a partner; there was some difference between us, and we dissolved partnership; but as to the amount I know not Q. You must have some notion? A. Perhaps, my Lord, it might have been 100l. connected with some mortgages. Q. Have you never told him you might possibly use his name on some occasion? A. Not to my knowledge; I do not recollect that I did. Q. Do you mean to say, upon your oath, you do not know whether you ever told him or not, that you might use his name; you might some time or other have occasion? A. I remember his asking me if I had done so. Q. When was that?—A. That was early in February. Q. He asked you if you had his name?—A. He said he had heard reports of his name being used. Q. What did you tell him?—I told him it was true. Q. What did he say to that?—A. He was very much annoyed, and very angry.
"LORD DENMAN. Mr. Garbett, don't you leave the court." (The bill was here read.) It was dated "London, 21st November, 1846; drawn by Edmund Garbett on William Booth, of Prior's Lee, near Oakengates, Salop, for 50l. at three month; accepted, payable at Messrs. Masterman and Co. Bankers, London, William Booth. "
WILLIAM BOOTH . I am a farmer, and live at Prior's Lee, Shropshire—I know the prisoner—I became acquainted with him about fifteen years ago, to the best of my knowledge—he came to me with a latter to give a vote—he was then a clerk in the office of a solicitor, named Pickett of Willington, in Shropshire, about four miles from Prior's Lee—I have a vote for the county—to the best of my knowledge that was my first acquaintance with him—I might have seen him before as a young man—he afterwards carried on business himself in Willington, as an attorney—I had no intimate acquaintance with him at that period—I employed him in 1844 jointly with some mortgagees—I had about 2,000l. from Mr. Booth's sisters—there were five others—Mr. Horton had the management of it for us, and he employed Mr. Garbett—Mr. Horton is the manger of Lord Granville's works, at Sledge-hill, under the firm of Mellish and Co., and is a small partner as well I believe—that was the only business on which I employed the prisoner, except that there was a Mr. Brown, who was an assignee to Mr. Thomas Briston—he was employed in that business—I received a letter from somebody, to the best of my recollection, in June, 1846—I gave it to the prisoner—I do not know that it was in June—it was in the middle of last year—on the following day I received another letter, and gave that to the prisoner as well—I ask your pardon—I gave them to a person of the name of Hooper—I am not certain—my memory is not so good as it used to be—it was either to Hooper or the prisoner—I gave both to the same person—Hooper keeps a beer-shop at Oakengates, within mile and a half of Prior's Lee—the substance of the first letter was, that there was a dishonoured bill for 100l. accepted by me—the second letter was to say that it was a mistake, that instead of William Booth, of Prior's Lee, it ought to have gone to William Hooper, of Oakengates.
MR. CHAMBERS. Q. Who did the second letter come from? A. I think
from the same party, but I cannot say positively—I do not know who that person was.
MR. MARTIN. Q. Was it James Lewis? A. I cannot say—I knew nothing about the bills—I had never heard the name of the writer before in my life—it was some party in London, but who it was I do not know—they both came from the same person—it was requesting payment of a dishonoured bill of 100l.—I cannot say whom the letter said the bill had been drawn by—I know it was a dishonoured bill accepted by me, as it said.
COURT. Q. He requested payment of you as acceptor? A. Yes—he demanded payment from me—the letter said it was my acceptance.
MR. MARTIN. Q. Had you ever accepted any such bill? A. I never accepted a bill for Mr. Garbett in my life—I never accepted a bill in my life that I know of—I cannot say that that bill was drawn by Garbett—I cannot recollect whether the letter stated by whom it was drawn—I know I never accepted that bill, because I never accepted a bill, only for Mr. Blunt, Lord Stafford's agent—I will swear I have only accepted three bills in my life—this was neither of those three bills—I live under Lord Stafford—I never accepted more than three or four bills—in my life—three or four is the most, and they were always paid—I never put my name to a bill without paying it, and I never will do so as long as I live—I know I showed those✗ letters to Hooper, but cannot say whether I left them with him or not—I did see Garbett on the subject of those letters—it was at Oakengates—I cannot say when it was—it was shortly after, three weeks or a month afterwards—sometimes in London and sometimes in the country—I told him that I had received those letters—I said, I was surprised to see such letters as those, and they had written to say it was a mistake; and he said it was a mistake—if I did give him the letters it was then; but my recollection is not so good as it was some years ago, and I rather think I gave them to Hooper, being his business more than mine—it is very likely I did, but I cannot say—on some day in Nov., 1846, I received this letter (looking at one); in consequence of which, I went to Mr. Horton—from what passed between him and me, I next morning came to London, and saw Mr. Garbett in his office, in King William-street—I saw him on the same night that I arrived—I showed him this letter—I had received another letter by that time—I showed Mr. Horton both letters—that was from a Mr. Taylor—(these letters were here read as follows)—"12th Nov., 1846. To Mr. Booth, Sir,—I beg leave to inform you that a bill, drawn by E. Garbett, of Wellington, and accepted by yourself, falls due on the 15th inst. The object in writing to you on this subject is to avoid putting you to expense. Should the bill alluded to not be paid when due, it will be placed in a solicitor's hands forthwith. This notice is not intended to give any offence; but such is the quality of paper Mr. Garbett has negotiated, that no lenity can possibly be expected. (Signed) J. PHILLIPS."—"28th Nov., 1846. To Mr. William Booth. Sir, I am instructed by Mr. Elvery to apply to you for payment of 80l. 6s. 6d., being the amount of your dishonoured acceptance to the draft of E. Garbett, accepted herein; and unless the same be forthwith paid to me, legal proceedings will be taken against you to enforce payment, (Signed) J. H. TAYLOR."—I showed those two letters to Mr. Garbett, and said, "I have two letters here, to my great surprise"—he said, "This thing is settled"—I showed him the first, Mr. Phillips's, and said, "Here is a proof that it is not settled, for I am threatened with a law-suit—he said, "Well, you shall go with me, and I will have it settled to-morrow"—he took the letter—I
said I should want a statement from Mr. Taylor and Mr. Phillips on the same paper, to satisfy Mr. Horton that it was settled—Mr. Horton is a friend of mine as well as of Mr. Garbett's—he is a friend of most people, I think—I got that statement made for my own satisfaction, and that of Mr. Horton—I received this paper, with that writing on it, from Mr. Garbett—I did not myself see either Taylor of Phillips, for Mr. Garbett said it would do him no good but perhaps an injury, if it was known that I was in London—I said it did not mater, so that the thing was settled—he produced that paper to me on the Wednesday—I came up on the Monday, and am sure it was on the next day but one—I left the two letters with him on the Monday—he returned them both to me—this is the paper he gave me—(read)—"Mr. Booth. Sir,—The bill mentioned on the other side is one and the same bill for which payment was requested by Mr. Taylor. Mr. Garbett has settled that bill with me, and it shall be returned to that gentleman this afternoon. I am, Sir. Yours truly, J. PHILLIPS."—I had never accepted that bill, nor authorized any one else to do so, directly or indirectly—Mr. Garbett produced the bill, and it was burnt by him, in my presence—when it was burnt, Mr. Garbett said to me, "My liberty is in your hands, "and asked me to forgive him—I told I would if I should bear no more of such things—I think he felt distressed at it a good deal—nothing more passéd between us on that occasion—I was afterwards served with a writ—I cannot tell when that was—I took it to Mr. Horton—he said, he would send it to Mr. Garbett and my son sent it up to Mr. Garbett, to the best of my knowledge—it was by Mr. Horton's advice—he said, Mr. Garbett would settle it. I believe that was in December—I did not observe whether a person named M'Kenzie was mentioned as the plaintiff—I never looked at the writ—it went back again—I know a man named Humphrey, he was clerk to Mr. Garbett—I recollect his calling on me—I cannot say when it was—I made no minute of it—I remember my son writing a letter to Mr. Garbett—I had seen Humphrey before then, a good many times, and I should think with reference to these matters, but I cannot recollect—I know I was not concerned with it—I received this letter in answer to the one written by my son—(looking at one)—Mr. Garbett gave it me himself, at his sister-inlaw's, Miss Lewis, to the best of my knowledge, in Dawling, in Shropshire (read)—"February 1, 1847"—from Mr. Garbett to Mr. Booth—"Dear Sir,—I n answer to your son's letter, I can have no hesitation in saying, the you never signed any bill for me, nor did I ever ask you to do so, nor is✗ become surety for me to any one.")
Q. Did Humphrey make some application to you? A. Yes; he afterwards called again—he called several times on business—he first asked me if I had received a writ—I said, no—then he went to Shiffnal to learn whether there was a writ there or not, but he called to solicit me to deliver it up to Mr. Garbett—there was not any then, but in the course of the week I received two—he called, and I gave them to him—that was all through Mr. Horton's advice—Humphrey called again—Mr. Franklin, the sheriff's officer accompained him, to my great surprise—I cannot exactly say when that was—it was some time in March, I presume—I and Humphrey went to Mr. Horton—I told him what had taken place, and very sorry he was for it—he gave me 45l., I think, or something like it, to give to Franklin—Franklin and Humphery came again—we again went to Mr. Horton, who advanced a Further sum of money—Mr. Horton then gave me this letter, from the prisoner, or read it to me—(read)
To Mr. Horton.
"March 19, 1847.—Dear Sir,—I t has now become my duty to state to you the determination I have come to,—in consequence of the several writs served on Mr. Booth. He has no doubt become, very properly, seriously alarmed; and it is my duty to provide the best remedy in my power; as is well known, I have appeared in several actions for Mr. Booth, and in some of them he was liable to execution; and perhaps even now, he is subject to one: however, h✗e that as it may, I have determined to come to a stand, and I wish Mr. Booth to proceed to London directly, and be with me on Monday morning next, and I will place him in such a situation, with some respectable attorney here, as to obtain redress. I can only say, if Mr. Booth will come up, I will do all I can to serve him.") In consequence of that letter I came to London, and saw Mr. Garbett, he told me that he had come to a stand still, as that letter had said, and he wished to settle things for me, to get an attorney to see myself righted—I has come up with a determination to have a lawyer, to have further protection, for I found I was going on very. wrong—and the prisoner suggested Mr. Croft, but a young friend who had come up with me, (Mr. Humphries,) wished Mr. Cooper, and he was employed—it was not Humphrey, Garbett's clerk, but a Mr. Humphries, a doctor. I employed Mr. Cooper, who is an attorney, living in Guildford-street—(the following letters were here put in, and read.)
From Mr. Garbett to Mr. Cooper.
"24th of March, 1847. Dear Sir,—I enclose all the letters I have form Mr. Sadgrove; the bearer, can explain to you what has passed with the plaintiff; he issued two writs, one in Dec., to which I appeared, without Mr. Booth's knowledge, and the declaration upon which I have not yet been able to obtain, but will to-morrow; that was on a bill for 80l., 35l. and 31l. of which I paid, and yet he afterwards levied on Mr. Booth, and got 65l. more; in this instance Mr. Booth was served with a writ; Sadgrove acted as my agent; I was uncertificated at the time. Mr. Booth never gave any authority for the appearance, and he can depose to that as well as me. Please not to enter on any particulars to Booth, till I come up, which I will do in the course of half an hour."
"24th of March, 1847, from Mr. Garbett to Mr. Cooper.—Dear Sir,—I have been to Guilford-street, and found you were come into the City, and I hastened here hoping to meet you, and very much wished to see you alone, and will come to Guildford-street, or meet you anywhere in the city, at any time you like; the bearer will tell you what passed with Lee. The writ on the 200l. was served on Mr. Booth by Mr. Phillips, of Shiffnal, and Sadgrove has the original copy served; an affidavit, however, can he had up by return, from the party Mr. Booth gave it to, that it was not given for the purpose of appearance; this I will send down, but I wish to see you first; a peremptory summons should be taken out to-morrow morning to set aside the judgment; do not talk to the bearer on the general subject, only on the subject of setting aside the judgment for irregularity. Yours, truly, E. Garbett. If the bearer should miss seeing you—if a letter is dropped into the box of Miller and Harden, of King William-street, before four o'clock, or at four, I will attend any appointment."
"March 24th—Do not think me troublesome in writing so often, but my anxiety is greater than I can bear. If you can appoint with the bearer to meet me in the evening in the City, at ten o'clock, I shall indeed be obliged.
Prompt and energetic measures must be at once taken for our friend's safety; try and come to me, as matters will have to be seen to in the City. I am now going home. Whenever you will appoint I will attend. Yours faithfully, E. GARBETT. I should wish to see you alone first, and Mr. B. afterwards."
March 25th.—I want to see you most particularly, but it must be in a more private place than in Court. I trust you will take out the summon to-day. Shall I sketch out the affidavits for you? If you will say what time you will be at home, or where else I can see you confidentially for a quarter of an hour, I will attend. Yours truly, E. GARBETT."
" 78, King William-street, 25th March, 1847. A summons to change must be taken out in this. No admission have been made."
"March 23rd.—Dear Sir,—The enclosed are at present all the papers I have been able to get. I asked for the costs in Phillips's action with a view to change the attorney. The general issue is pleaded in that and Lee's. He is paid to hold over to Saturday; but I fear his attorney, Braham, of Charcery-lane, may play tricks, and send down. A summons to set aside that judgment, supported by affidavits, must be taken out on Thursday. Please to look at the cases, pages 66 and 67 of the Law Magazine, sent herewith. I shall see you in the morning."
MR. MARTIN to MR. BOOTH. Q. I believe proceeding were takes whereby your defence was put into the hands of Messrs. Capes and Stewart, attorneys, in Gray's Inn? A. Yes—I did not go down to the trial; I was wanted badly at home—the signature to this bill (looking at the one in question) is not my handwriting—it is nothing like my handwriting, I never authorized any person to put my name on it, or on any bill, in my life.
Cross-examined by MR. CHAMBERS. Q. Do I understand you to say you never accepted more than four bills in your life? A. No, I never did, to the best of my knowledge—I accepted two bills for Mr. Blunt, at different times, for rent due to Lord Stafford—I do not
know whether you call it a bill about Mr. Brown's business—I do not know what a bill is—I do not know whether Mr. Blunt's were bills or not; it was security for his money—I did not know that I was writing my name on a bill of exchange—I knew it was security for so much money—Mr. Blunt told me I was to pay the money in the course of a few months—I attend the markets—I am sure Mr. Blunt did not say it was a bill of exchange—I never heard him call it a bill of exchange—I suppose he called it "a bill"—he told me I was singing a document for the payment of so much money—I do not know anything about acceptances—I never accepted more than four or five bills in my life—when I signed those I knew I was signing my name as security to pay the money—he did not say it was a bill of exchange—he may have said it was a two month's bill, perhaps—I have done that three or four times for Mr. Blunt—the first time was not more than four or five years ago—I do not know how much it was for—it was only to make up a balance for the rent, to keep his account straight—I did not know that it was a bill of exchange—I paid it when it became due—I do not know who had it—I never saw it again—I have no banker—my son paid it for me at the Shiffnal Bank—I knew when it was payable—it had to run two months—my son brought it home when he had paid it, gave it me, and I put it on the fire—it might be twelve months, or a year and a half, after that that I was called on by Mr. Blunt to sign another—that was for a balance in the same way—I do not know how much that was—it might be for 20l., or it might be for 30l., I cannot say—it was made payable at the Shiffnal Bank—my son paid it—I dare say my son brought that home, and very likely I might have put it on the fire—I did not know that there was a bill of exchange—it was a two month's bill, you may say—there was another after that—I do not know whether it was one or two more, but I think only one—I do not know that there was a fifth—I accepted three of four.
Q. Did you accept a bill of exchange for 350l.? A. I do not know whether it was a bill of exchange—I was security at the Shiffnal Bank for Gilbert Brown, more's the pity, and he gave me a bill of exchange—it was a bit of paper like the one in question—I believe I wrote my name across it—I did that for Mr. Blunt I know—I do not know whether I wrote it at the bottom or across for Brown—I wrote it for Gilbert Brown, an attorney—he gave me a bill of sale for his furniture—it was to pay out an execution for him—I took it to the Shiffnal Bank—Mr. Garbett put his name to it at the bank, and I got the money for it from the bank—it was 350l. or 360l.—that was, I should think, two years ago—I paid the money to one Turner, who had an execution in Brown's house—I have known Mr. Garbett fifteen years—I cannot say when he commenced practice for himself—I cannot say how long he was in the office of the gentleman with whom he was originally—after he left that office he started in Wellington in business for himself—I fancy the first time I employed him in any business of my own was for the Langley business—I believe it was—I do not know that I ever had any transaction with Mr. Garbett before that—that was with respect to a colliery of which I was one of the mortgagees, and had a claim—it had been in the possession of parties of the name of Bishton, who had become bankrupts—Gilbert Brown, whose name I have mentioned, was at first the attorney for the assignees in that case—there was an arrangement made to sell the estate, so that I might get my money—the sale would not have produced enough to pay me what was due to me—I consulted Mr. Garbett afterwards on the subject of my claims with regard to that estate—he advised me to prove against the estate, which I finally did—I had a mortgage on Bishton's estate—I proved that at 12,000l., the difference between the value of the estate—that was solely and wholly through Mr. Garbett's advice, and with his assistance—he was a long time engaged in it—the assignees resisted the proof, and there were proceedings in the Court of Review in London, and finally it was allowed—I believe it was a good deal of trouble to Mr. Garbett, and a great deal of expense—the litigation lasted a long time, and is not finally settled now; I wish it was—it was with George and Thomas Bishton—it was somewhere about Sept. 1845 that I got my proof allowed—I have not got the money—Mr. Garbett was afterwards employed by me in resisting an action which arose out of my having got a bill of sale of Brown's effects—I suppose that was somewhere about two years ago—a man of the name of Arless laid claim to the property—there was an action tried at Shrewsbury, at the Summer Assizes in 1846, in which Mr. Garbett and Mr. Dulling appeared for me, and won the day—soon after that action had been tried I heard that Mr. Garbett was obliged to leave Wellington in difficulties, leaving Mr. Dulling, his partner there, to carry on the business—I have heard that his difficulties arose out of his becoming surety for two gentlemen—after he had left there he came down from time to time to the neighbourhood, and I saw him several times—I cannot say the exact time at which he quitted Wellington—he was down there several times between that and the following March—he had not
quitted Wellington before the trial at Shrewsbury—it was after that—he must have left nine months now, I suppose—I do not know when it was that I heard of his becoming bankrupt, but I heard it about the time it took place—I did not know that Mr. Dulling had got a copy of his balance sheet, and had put it up at his office—I did not go and see it—I think I heard that there had been a choice of assignees for him—after that I heard from Mr. Dulling that a Captain Smith had offered to prove a 200l. and a 150l. bill, purporting to be accepted by me—I never had accepted them.
COURT. Q. He offered to prove 150l., and 200l. against the estate? A. No, against me.
MR. CHAMBERS. Q. No—against the estate—at the choice of the assignees that he had endeavoured to prove those two bills? A. I cannot say—what I heard was from Mr. Dulling—I was not told that there would be a meeting under Mr. Garbett's bankruptcy—I was never told there would be a meeting, to the best of my knowledge—I was not told that I might go up and oppose the reception of the proof on those two bills—I named it to Mr. Garbett, and he said it was no such thing—I do not recollect Bamford, Mr. Dulling's clerk, coming to tell me so—Mr. Dulling told me that unless I interfered I should have an execution in my house, and I refused to interfere—I left it all to Mr. Garbett—I thought he would settle it like the first—I cannot say whether this was in the early part of Oct.
Q. Do you recollect, about the 1st or 2nd of Nov., Mr. Garbett being down in your neighbourhood? A. I dare say—I had seen him several times—I might have met him then—I saw him after I had been applied to in the way I have mentioned about the two bills, and I told him of it, and he said it was no such thing, there would be no such thing against me—I cannot exactly say when and where it was that I had a conversation with him about these bills—I think it was at Mr. Tudor's, at Oakengate's, but I cannot say exactly—I pressed him for a letter, or something of the sort, from Capt. Smith, to say there was nothing of the sort against me, and he did not give it me—I did not get it.
Q. Will you swear that you never said this to him—"I do not mind about your using my name if I come into no trouble?" A. Never in my life—I swear nothing of the sort occurred—I never authorized any man to use my name—I do not think I told him that if Dulling, Smallwood, or Robinson, were to come a hundred times I would not make any opposition to him, (Garbett,) or anything to that effects—I do not think I said anything of that sort—I did not tell him that Dulling, Smallwood, and Robinson had been coming to me to do him an injury, and that if they came fifty times I would have nothing to do with them—I never said anything of the kind—I deny anything of the sort, to the best of my knowledge I do not recollect being asked the question—they had not been coming to me several time—Dulling has been at my house, but I never saw Smallwood or Robinson there in their lives—I had seen Dulling at my house several times about the Langley business and so on, but I do not recollect that conversation taking place at all—I should not wonder that I may have said, if Dulling came to me fifty times I would have nothing to do with him—I do not know that I did or did not—I have no recollection of saying what you state, to Dulling—I recollect going to see Mr. Garbett at his brother's house, at Wellington—he said Capt. Smith had sent one letter to Mr. Horton, and one to me, and he never did—I do not know whether it was in the beginning of Nov.—it was in the winter, and it was early one morning—I breakfasted with him at his brother's at Wellington—I asked him how matters were going on with reference to the Langley estate—that was
what I went about—I wanted him to close it—I wanted that more than anything else—I do not owe. Mr. Garbett anything—if anything is owing, it is from the mortgagees—I am one of the mortgagees, but it is not owing by me more than the rest—we have had no bill, and cannot say whether anything is owing or not—I have paid him a little money for his services—I let him have money at different times—he has had a good deal of money, I understand, from Major Newcombe, who purchased the property—that is what I am alluding to—what I let him have must have been on account of his services—perhaps he might have had some at his brother's house—I do not know that he had—I let him have 5l. once at his own house at Wellington—that is not all—he has had money at different times—he has had money on account of his bill from Major Newcombe, and Major Newcombe has charged it against the mortgagees—I did not ask Mr. Garbett to mark my debt out of his book as paid, but he told me that it was paid, that there was a sum of money or something to be paid, when the Langley business was settled it would be accounted for—that is what I understood—he had money of Major Newcombe, and I gave him authority, along with the other mortgagees—I have visited him two or three times at his house at Blackheath, on this unpleasant business—I saw his wife there—that was after the month of Oct.—I should think I have seen him twice or three times since then—I think it was in the early part of Nov.
Q. Upon those three occasions, did you not ask him to give you a receipt for the money that was due from you, in respect of the business he had done for you? A. I asked him for an acknowledgment, not for money due from me; it was to be on account of the Langley business; on account of his bill—I have got that receipt at home; it is in Mr. Garbett's handwriting—it is for the money he had on account at different times—it was not a receipt for his bill, but for the money I left him have—all I asked him for was an acknowledgment for what money he had had—I swear positively that I did not use the word "receipt"—I never asked him for a receipt in full—to the best of my knowledge, I did not do so on three separate occasions—I do not remember asking him for a receipt in full at his brother's house—I do not recollect it—I do not recollect asking him for a receipt in full of all demands—I came up to town in consequence of the letter I received from Mr. Phillips, about the 80l. bill—I did not see Mr. Phillips—I was in town a few days upon that business—I visited Mr. Garbett at his house then—I slept at a public-house at Blackheath, as he could not accommodate me with a bed—I came up to London on the Monday, and the letters, stating it was settled, was given to me on the Wednesday following—I do not recollect Mr. Garbett telling me that he had entered the receipt in the balance sheet—I have lent Mr. and Mr. Garbett money at different times—I think more than 35l.—I cannot say exactly, it was at different times, twelve or eighteen months ago—I never said to Mr. Garbett, "I have lent money several times to you and Mr. Garbett; give me a letter, dated before your bankruptcy, saying you have received 40l. on account of the Langley business"—I asked him for a receipt, and he gave it to me—it was for the money on account, on his bill—I never lent him anything on account of the Langley business—I did not lend it him, I paid it him on account of the bill—that was my intention—I saw Humphery in town and many times in the country, both before and after I was in town—I do not know that I ever said to any person, that I had no doubt Mr. Garbett had drawn the 80l. bill on the strength of the Langley estate matter—I cannot say, that I did not say so, nor that I did; I may or may not have said it—I said, as long as Mr. Garbett settled the
80l. bill, I did not care; I should go home quite satisfied—that was all settled, and I had forgiven it—I had no wish to injure him or any man—I heard of some other bills after that, and told Mr. Garbett so—I heard there were several bills out against me, and I never accepted one—whatever writs came to my hand I sent them to Mr. Garbett through Humphery—Mr. Horton recommended me to do so—Mr. Horton is not here, he is agent of Lord Granville—he said, anything of the sort that came to me to send them to Mr. Garbett, and he would make them right—Mr. Horton is not a magistrate—there was a 200l. bill, the writ for which I handed to Mr. garbett—I fully thought Mr. Garbett would settle it the same as the first.
COURT Q. Had you to pay the 200l. bill? A. No. I believe it is now to be tried.
MR. CHAMBERS. Q. Did you go and see Mr. Garbett about the 30th of January, at the Talbot, at Oakengates? A. Very likely I did—I do not doubt that on that occasion I expressed my wish that he should return into the country and re-commence his practice. I was always very friendly towards him—I forget whether I said I would get Mr. Booth to buy a goose for him to take to Mr. Garbett—I might have offered to let him a house—I do not doubt but I did—as these bills were settled, and I had not to pay them—I have had no comfort at home with my wife since—it will be the death of her, I think—Mr. Garbett handed me the letter of the 1st of Feb.—I got that letter for the purpose of satisfying my wife and family, and also myself—they were all very uneasy, because I knew I never had signed a bill, or accepted a bill—I received it in the country—Mr. Garbett was down in the country several times, at which times I saw him—we met on equally friendly terms—I wished him well as I do now, so as he would not make use of my name—I came up to town with respect to this £50 bill—I had sent Garbett the writ that had been sent to me about the bill, and he told me the money should be paid in three days—it had been shown to me at Wolverhampton-market, by a Mr. Brown, a long time before I came up to town—I do not know whether it was in December—he told me to be cautious whether it was my handwriting or not, and I said it was not—I told him it was not my handwriting—I repeatedly saw Garbett after that, and I might, I dare say I did, mention to him that the £50 bill had been shown to me at Wolverhampton-market—I will not say I did not—there was no other shown me at the same time—I saw the name to the bill—I believe it was drawn by Mr. Garbett—I only saw my name, and had that question put to me, whether it was my name; and I said it was not my handwriting—I did not go up to town after that, until the writ was served on me—it was after that, and before I came to town, that the writ was served on me, which Mr. Horton advanced me the money to pay off—I suppose that writ was on a bill of exchange, purporting to be accepted by me, but I never saw the bill; and the reason Mr. Horton paid the money, was, that I had my family should not be so annoyed—I did not borrow the money of Mr. Horton to pay out the execution—Mr. Horton said that sooner than an execution should occur in my house, to distress Mr. Booth, for the sake of my credit he would pay it out of his own pocket—I do not say the he lent me the money—he never had any security—I should say he paid it out of his own pocket—if I give a man an acknowledgement for money, I owe it him—I do not know whether I owe Mr. Horton that money, or not—he has given me his advice, and he has paid the money—there was no paper drawn up at the time he lent it me—nothing of the kind—he did not lend it me in the presence of Franklin—it
was in Humphery's presence—Franklin did not go with me to Mr. Horton—I paid the money to Franklin—it was about 45l.—it was not after that execution that I saw the £50 bill at Wolverhamptonmarket—it was certainly before—I cannot say whether it was before or after I got the money from Mr. Horton, that I received the writ, which I afterwards handed to Mr. Garbett—I have no recollection of it, for I made no minute of it—I have been used very ill—I came up to town respecting this money, and Mr. Garbett told me it should be paid—I do not know whether I came up in consequence of receiving any letter, or why it was—I came up by Mr. Horton's advice, certainly—he gave me a letter, which has been read—it was that which took me up—I do not know whether it was about the 50l. bill—there were many other bills—I went to Mr. Garbett's at Blackheath, and was backwards and forwards there while I was in town—I had my meals there several times—I do not know Captain Smith—I never saw him in my life that I know of—I do not recollect saying to Mr. Garbett, on the last occasion that I was in town, that no doubt Garbett had drawn the bills on the strength of the Langley businees—I should say I did not that in March, before the trail at Kingston—I will not swear that I did not, nor that I did—what made me go to Mr. Garbett was, that he should settle the Langley business—I had nothing to do with his bills at all—I recollect seeing Isaac Knowles at Shiffnal shortly before the trail at Kingston—I told him that it was Garbett's affair, and not mine, and that he must settle it—I had always said so to anybody that came to me—I never was connected in any way with his bill affairs—I cannot hesitate for a moment in saying that I never joined him in a bill in my life—I was always on friendly terms with him down to the time of the trail—it has altered the case now of course, when people have had executions and so on.
MR. MARTIN. Q. How old are you? A. I was born in 1785—it was some time last year that I asked Mr. Garbett for the acknowledgment—I asked him for an acknowledgement for what money I had lent him, as it would be a set off against the bill for the affair of the Langley mortgage—that was my intention—he gave me a document containing the account of the money I had paid him, which I have now at home—to the best of my knowledge, that was all that passed at that time about the acknowledgment, but I cannot recollect—I consulted Mr. Horton in everything with reference to these matters—he has been my adviser from beginning to end—I never gave any authority to Mr. Garbett to accept any bill for me in my life, nor to any other man.
THOMAS OLIVER . I am a solicitor. I was attorney for the plaintiff in the action of "Blagden v. Booth" I was substantially myself the plaintiff—on the 25th of Feb. I received this letter from Mr. Garbett—(read—"Feb. 25th. To Mr. Thomas Oliver. Dear Sir,—Please send me the notice of dishonour of the 50l. bill, Booth's, here. I have arranged with Mr. Phillips to put it in train for Monday, therefore do not send notice down to Mr. Booth. Signed, E. GARBETT.")—the next day I received from him this letter—(read—"Feb. 26th. Dear Sir,—Mr. Phillips told me had arranged, if I wrote you to accept notice, that no letter would go to my residence, instead of which a letter got into my wife's hands this morning. Mr. Phillips also promised me that no proceedings should take place against the acceptor till after Monday. If this is untrue do not send the writ to your friend Robinson to serve, as he will tell it all over the country, but send it to Mr. Croft, solicitor, 1, Walbrook-buildings, Walbrook, who is instructed to appear if needful. Signed, E. GARBETT.")
Cross-examined by MR. CHAMBERS. Q. I suppose Mr. Phillips is here? A. I see him here—I received the bill from him, and handed it to Mr. Blagden—I endorsed it, but my name has been scratched out—Mr. Blagden had no interest in the bill; I had—Mr. Phillips was indebted to me in a much larger amount, I had pressed him to pay me, and he brought me this bill about the 9th of Feb.—I at first refused to take it, but believing it to be a true security, I kept it.
COURT. Q. Where does Mr. Phillips live? A. In Islington, in the country of Middlesex.
MR. BOOTH re-examined. I never instructed Mr. Croft, and never employed Mr. Garbett for anything expect the Langley business and Brown's.
JOHN STEWART I am a partner in the firm of Capes and Stewart, attorneys, of Gray's-inn. The defence of this action was placed in our hands—the first day I saw the defendant was on the Sunday before the commission day at Kingston, which was on Monday—Mr. Cooper had brought the defendant's son to our office—he came to us through Mr. Cooper—I saw Mr. Garbett once before we went down to the assizes, and caused him to be subpœnaed—I attended the trail and heard him examined—I should say that he did not appear to be under any excitement or flurry in the course of his examination—after he had given his evidence, I told him that from what Lord Denman had stated I thought he would be committed—he replied that he did not care a rush—all the papers were handed over to me, and I have them here.
Cross-examined by MR. CHAMBERS. Q. I believe Mr. Garbett actually prepared your briefs, which were handed over to counsel? A. He prepared a portion of the draft—I added proofs, and I added a little as related to Mr. Garbett—he declined to send anything in himself—I should suppose he was not in Court more than half an hour before he was called into the witness-box—just as defendant's case was opened he came in with one of my clerks—he was in Court at the our counsel complained loudly to the jury that the plaintiff had not called him—I recollect one of the witnesses, when asked by the plaintiff's counsel where Mr. Garbett was, pointing to him as he was standing next me, and saying, "That is Mr. Garbett"—I do not know whether the plaintiff's counsel were aware that Mr. Garbett was there.
(The following letter was here read, from Mr. Garbett to Mr. Horton:—"2nd April. Dear Sir, Mr. Booth cannot say that I have not done all I could to serve him in this matter, when I myself caused my own commitment by doing so. The least I think he can do in return will be to keep out of the way of being served by the prosecutor with any subpœna for some time."
GUILTY . Aged 34.— Judgment respited.
NEW COURT.—Saturday, May 15th, 1847.
PRESENT.—Mr. Alderman Musgrove, Mr. Alderman Moon, Mr. Common SERGANT, and EDWARD BULLOCK, Esq.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Months.
1213. JAMES LUCKSON was indicted for stealing 1 purse, value 1s.; 2 sovereigns, 2 shillings, 1 sixpence, 1 threepenny piece, 1 penny, and 1 halfpenny; the monies of John David Rochat,✗ from the person of Mary Ann Rochat; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 22.— Transported For Seven Years.
GUILTY . Aged 15.— Confined Six Months.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor.— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
1217. JOHN WATTS was indicted for stealing 11 bottles, value 1s.; 1 gallon of wine, 13s.; half-a-pint of salad-oil, 2s. 6d.; and 24 candles, 3s.; the goods of Francis Wilhelm Lodge, in a vessel in a port of entry and discharge.
WILLIAM GARROTH MATCHES . I am chief mate of the Eleanor Lancaster, which laid in the London Docks—the captain went on shore on the 1st of May—after he has gone I overhauled the priosner's berth—I found in his bag, amongst his dirty clothes, nine bottles of wine, four of champagne, and five of port—the prisoner was steward—I did not let him enter the cabin any more—as soon as the captain came on board in the morning I told him, and then the Custom-house officer found the other things—Francis Wilhelm Lodge is the captain.
Cross-examined by MR. PARNELL. Q. Is Captain Lodge here? A. No, he was not on board at the time—I found this wine in the clothes-bag, about two o'clock in the morning—the prisoner was then on shore—he came on board about three o'clock—he did not go into his cabin then—no one used that cabin but the Custom-house officer and the prisoner—I know these bottles were the ship's property—they had been kept in lockers and cases—I do not know how many had been in the lockers—I did not look to see—the bottles of wine were all packed up in casks and cases before that, to go into the bonded warehouse—I took account of the casks and cases before they went on shore, but I did not see whether they were full—they were sent on board on the 11th of May, after I had found these things—the casks were never opened—they were fastened down and sealed—the wine was removed from the lockers into the casks by the prisoner before the ship came into the docks—there is no confusion when the ships arrive in the docks—I had no squabble with the prisoner on the voyage—I never was on a voyage in my life in which I spoke less to a man than I did to him—it is not my business to interfere with the steward—he came on board on the 12th of Feb., 1846—this happened on the 1st of May—I went before the Magistrate on the 6th of May—the
captain gave the prisoner liberty to take his own clothes out of the ship—the prisoner was standing on the quay on the 6th of May, when the captain gave him into custody—I do not think anything passed between them on that day—the captain walked on board quite quick—I do not think the 6th of May was pay-day—the pay-day is according to the captain's pleasure, just as in convenient to him—I do not know that the prisoner came to ask the captain to pay him his money, and that he gave him into custody—the captain never told me the prisoner had not been paid his wages at the time he was given into the custody—it was by the captain's direction that the prisoner packed the wine in the casks, and the captain took an account of everything—I told the prisoner to purchase me some candles at the Cape, and he bought me a pound or two—he said he bought these other candles, but I was standing in front of the ship's poop, and saw the basket which he brought, and the things in it—I received my candles from him—I know that was the only time he was on shore—it would have been possible for him to have taken this wine out of the docks without having a pass, if he had come back a second time.
COURT. A. About this salad-oil and candles—were they the captain's property? A. The candles I fully believe to be the property of the ship—I have seen no other candles on board—I believe this salad-oil was the captain's—I have seen it, and used it on the table—when the prisoner was removing the wine from the lockers to the cases he would have an opportunity of leaving out these eleven bottles.
JAMES KEARNEY . I am Custom-house officer. On the 1st of May the mate awoke me—I saw him take nine bottles of wine from a bag wrapped in dirty clothes—the captain came on board, and the prisoner came, but he was not allowed to go into the cabin—his chest was shoved on deck, and the candles and oil were found in it—the captain asked him about the bottles of wine—he said he put them there for safety—the captain said it was his opinion he put them there to thieve.
Cross-examined. Q. The captain took no more notice? A. He said he would give him in charge—the prisoner said the candles and salad-oil were his own—he did not mention to me the name of a person from whom he received the candles—a person would not be allowed to pass from the vessel to the docks if it were known—if there were a bulk seen in a man's pocket he would be searched—I think it would not be possible for a man like the prisoner to carry eight or nine bottles out at once—I think it possible to carry two.
JAMES ROBERT WHITE . I am Inspector of the Thames Police—the prisoner was given into the custody of a police-officer—he told me he bought the candles at the Cape, and produced this bill—the wine he said he put into the bag for safety—here is on the bill. "six candles 2s."
COURT to WILLIAM GARROTH MATCHES. Q. Does correspond with the candles he bought for you? A. He bought sperm candles for me—it was either one pound or two pound, but I think it was two pounds—there are generally six or seven to the pound.
JURY Q. Supposing there was not room in the casks for these bottles, ought they not to have been placed in the lockers? A. Yes.
Cross-examined. Q. Were not the sails so placed in the lockers that the prisoner could not have an opportunity of placing them there? A. No—he could place them there—he was not empowered to do so without letting the captain know.
NOT GUILTY .
1218. EDWARD BOWEN and JOHN WILLIAMS were indicted for stealing 1 purse, value 4d.; and 1 half-crown; the property of William Wyllie, from the person of Mary Wyllie; and that Bowen had been before convicted of felony.
MARY WYLIIE . I am the wife of William Wyllie—we live in Bromptonsquare. On the 9th of April I was walking in Brompton-road—I had a purse which had one farthing in it, and a half-crown loose in my pocket—I received information, and found I had lost the purse and all the money.
Cross-examined by MR. ROBINSON. Q. You had not seen your purse for some time before, had you? A. I had seen it ten minutes before.
WILLIAM GREASLEY . I was walking in Brompton-road—I saw Mr. Wyllie—Bowen was walking behind her—he wemt to the right side of her dress, put his hand into her pocket, and took something from it, and it went on the ground—the prisoner Williams was behind him at the time he did it, and some one else with him—Williams and the other stooped to pick it up—I do not know which had it—I saw Williams behind the lady for two or three minutes—he was in such a situation as that he must have seen Bowen put his hand into the lady's pocket—I followed the prisoners across the road, into Arthur-street—they turned into Trevor-square, and when they got half across the square, Bowen pulled his coat off and threw it over his arm, and they walked half way up Charlotte-street—I then met a policeman—I told him what had happened, and he told me to go with him—we went to Montpeliersquare, but could not see the prisoners—in coming back he said, "We will look into the George the Fourth, "and there the prisoners were taken, in the public-house—when we went in, Bowen was in the parlour and Williams was at the bar, but I saw him go into the parlour to Bowen—that was about a quarter of an hour or twenty minutes after I saw the transaction with the lady.
Cross-examined by MR. PARNELL. Q. Had you ever seen Bowen before? A. Not to my knowledge—it was about one o'clock in the day.
Cross-examined by MR. ROBINSON. Q. You were some little way off? A. Not many yards—I live with Mr. Smith, a fishmonger—I was going about my business—I just happened to see him do this as I was walking along—I was a little flurried at it—a third person was there—I cannot say how he was dressed—I saw him stoop with Williams and one of them picked up the purse—I cannot say whether the other man was tall or short—I only saw him as he stooped—I only lost sight of the prisoners once, that was for about five or ten minutes.
JOHN PRUETT . I was at Brompton on the 9th of April—I passed from my employer's shop about a quarter before one o'clock—I saw Bowen pick, Mr. Wyllie's pocket—I saw him put his hand to her dress, but whether he put his hand into her pocket, I cannot say—she informed me she had lost half-a-crown.
Cross-examined by MR. PARNELL. Q. On which side of her was he? A. On the right side—I was about fifteen yards from her—I have seen Bowen before in that neighbourhood—I always thought him a young gentleman—I did not see him again till he was before the Magistrate.
Cross-examined by MR. ROBINSON. Q. You did not know Williams? A. I never saw him till I was before the Magistrate.
MAURICE MULCAHY (police-sergeant D 2.) I received information, and went to the public-house, and went to the tap-room first, I could see no person—I went into the parlour, and could see no person there—I came out, and saw
Williams standing before the bar—Greasley pointed him out as the person who had been in company with Bowen—Williams then went into the parlour with a pot, which apparently had beer in it in his hand—I followed him, and found Bowen sitting on the seat behind the door, with a coat on his arm—I told them both they were my prisoners—I sent Greasley in search of the lady, and detained the prisoners in the parlour—while there, Williams told me he accidentally met Bowen in Hyde-park, that he knew him and his father, and he asked him where he was going—he said, to Chelsea—that he said to him, "That is the place I am going to also, and I will accompany you"—Greasley returned, and said he could not find the lady—I said to him, "Will you give them in charge?"—he said, "No, as I cannot find the lady"—I took them into custody.
RICHARD WALKER (police-sergeant G 33.) I produce a certificate of Bowen's former conviction, at Clerkenwell, by the name of Edward Griggs—(read—Convicted 3rd of Feb., 1846, and confined six months)—he is the person.
BOWEN— GUILTY . Aged 14.
WILLIAMS— GUILTY .** Aged 31.
Confined Eighteen Months.
HALLAHAN pleaded GUILTY . Aged 16.— Confined One Month.
LOUIS MENSER . I am a cigar manufacturer, and live in Wellclose-square. I was not aware of this robbery till three or four days after the 3rd of April, when the officer called upon me—I went with him to the roof of my house—I found that some lead was missing, and a quantity was rolled up ready to take—I saw the lead which the officer brought.
WILLIAM HEDGES . At a quarter before twelve o'clock at night on the 3rd of April, I saw the two prisoners carrying a parcel—they deposited it just opposite my shop, in Cable-street—Hallahan said, "Help me inside with it," and they took it from the step into the passage—I said, "You have got something wrong there; the policeman will take you"—the officer came up, and I informed him—he took them and the lead.
EDWARD ORAM . (police-sergeant H 18.) I found this lead in the passage of a house in Cable-street—I found Hallahan behind the water-butt in the back-yard of the house—I did not see Connor at that time—I apprehended him afterwards—I have a portion of the lead which was taken off the roof, and left there—this lead is so twisted about, I could not say it fitted the roof of the house.
CONNOR— NOT GUILTY .
MR. PARNELL conducted the Prosecution.
GEORGE JOHN TAYLOR . I am the principal wharfinger in the employ of the East and West India Dock Company, On the 26th of April some iron was landed at the West-quay, from the Samuel Bodington—it was piled close to the quay, within five or six yards of the ship—I counted the
pieces of iron—there were 402 of them on the day they were landed—next morning I passed them again—they appeared to have been disturbed, and some pieces were not in the position they ought to be—I counted them again, and found only 395—there was another parcel of iron, from twenty to thirty feet from it, which was also from the Samuel Bodington, and was a mixture of pig iron and Ketteridge—I did not count the pieces in that heap—the other heap was all Ketteridge iron—I have since seen some iron which I believe to be part and parcel of what I missed—here is one piece of it, it is marked "E. W. D. C.," meaning East and West India Dock Company—I saw the prisoners on the day before I missed the iron—they were at work close to the place, moving the shingle ballast.
GEORGE WILSON . I am a police-constable in the employ of the East and West India Docks. On the 30th of April I went to the marine-store shops—I got at Griffiths' four small pieces of Ketteridge iron, and seven pieces at Cousins'—I apprehended the prisoner Laflin at seven o'clock the same evening—I asked him if he had not been at work removing shingle, and if he had brought any iron away—he said, yes, two pieces, and he had sold them at Cousins,' in the next street, and he had got half-a-crown for his share—I said, "Who with?"—he said, "My mate," pointing to Baker—Baker said, "Yes, I received a crown piece from Mr. Cousins—she said her husband was not at home, and she let them have a crown"—I asked if they were both present when the iron was sold at Grifhths✗—Baker said, "No, I sold that myself"—they said they took the iron from where they were at work—I am on duty at the Docks, and know that the prisoners worked there—I saw them on the 29th of April working alongside the Samuel Bodington, removing the shingle ballast, which was between the two heaps of iron.
Cross-examined by MR. ROBINSON. Q. Had you said anything to them before they made this statement? A. No—I told them they could do as they liked about making any statement—they said they wished to tell the truth, it would always go the furthest.
MARY ANN COUSINS . My husband keeps a marine-store, shop, near the West India Docks. On the 28th of April the two prisoners came to my shop, and brought some iron to sell—I had it brought in—I could not buy it, as my husband was not at home—I let them have 5s., and they left the iron, and said they would call again—I gave the iron to the policeman—this is it.
Cross-examined. Q. Was that a fair price for it? A. What I had was 1/2 cwt. 11lbs.—that would be a fair price for it.
NOT GUILTY .
Before Edward Bullock, Esq.
JOHN BELFORD . I keep a shop in Broadway, Westminster. On the 12th of April I had two bundles of waistcoats at my door—I saw them safe a few minutes before, a quarter before five o'clock—I was called into the shop by my boy, and missed the waistcoats—I have not seen them since.
prisoners run by on the opposite side of the way—I know Mr. Belford's shop—it is just round the corner of the street—the prisoners were going in a direction from his shop—they were about five feet from each other—Crooks was first—he was carrying a bundle of light waistcoats under his arm—I am sure they were waistcoats.
Cross-examined by MR. BALLANTINE. Q. You had not known the prisoners before? A. I knew them by sight about Westminster—one of them had a hat on, and the other a cap—it was a quarter before five o'clcok.
WILLIAMA WARD . I live in Tothill-street. I was standing by my door that evening, about a quarter-past five o'clock—I saw the prisoners run past, one with a bundle of waistcoats in his possession, and the other about twenty yards behind him—I did not know them before—I saw them as they ran, the whole length of the street.
Cross-examined. Q. You saw them better for their being running? A. Yes—I had a capital view of their backs, and their faces too—they ran past me—Crooks had a cap on—I think the other prisoner had a cap, but I will not swear to that—I did not look at their heads, but their faces.
WILLIAM MILLERMAN (police-constable B 95.) I was on duty on the 12th of April, near the prosecutor's house—I saw two bundles of waistcoats at his door—I saw them two or three times within an hour and a half—I saw them there about twenty minutes to five o'clock—I saw the two prisoners standing opposite—I know them well—I went away—I afterwards had information, and took Miller—I took Crooks on the 23rd of April.
MR. BALLANTINE called
HARRIET GIFFORD . I am the wife of Reuben Gifford. He was when I married him a cab- proprietor—he is now an omnibus driver—I do not know either of the prisoners—I never saw them till yesterday—I know the prosecutor, and his shop—on that afternoon I and another woman were talking close by his shop, and two young men, or boys, ran against me, and nearly knocked me down—one was a boy, with a bundle of waistcoats, and the other was trying to cover them with a handkerchief—I can swear that neither of the prisoners were the persons—they were much thinner than the prisoners—they both had jackets and caps on—neither of them had a hat—I and my friend went and gave notice to the prosecutor, and he scolded the boy who minded his shop—I said, "Were they light waistcoats?"—he said, "Yes, light, soiled waistcoats"—I saw them plainly—it was a quarter-past five.
ANN LARKIN . My husband is a marble-polisher—I go out washing and ironing—I was with Harriet Gifford—I did not see these waistcoats removed, but I saw the young fellows with them on their arms—we ran after them, but could not find a policeman—the persons were not the prisoners—I knew one of them four years in the neighbourhood, but had no acquaintance with him.
NOT GUILTY .
MR. RYLAND conducted the prosecution.
JANE TAGG . I am single—I and my sister Elizabeth carry on business at jewellers, at No. 251, High Holborn. On the 26th of Feb., a man, who has since been tried, came to the shop to look at a gold pin—I showed him two
cards with nineteen pins on them—he took the cards up, and immediately ran out of the shop—I ran to the door, and cried, "Stop thief!"—he was taken very soon, and tried here, and transported—I did not find the pins till the 13th of April—they were worth between 9l. and 10l—they belonged to me and my sister.
Cross-examined by MR. BALLANTINE. Q. Did you give the alarm immediately? A. Yes—that man was pursued, and taken—I did not see him throw anything away—only ten of the pins have been found—they have been traced to the prisoner.
JOSEPH BOSTON . I am landlord of the George, in Dudley-street, St. Giles's—I know the prisoner—he carries on the business of a hatter—he lives in Dudley-street, and uses my house. On a day in March, he came to my house, and brought eleven pins on a piece of tissue-paper—he offered them to me for sale—I did not ask him any questions about them—I bought them for 2l., and an account which he owed me 10s. 9d.—I kept the pins in my possession—Brannan came to me, and I gave them up to him—these are them.
Cross-examined. Q. Did you want all these to wear yourself? A. No, I bought them because he pressed them so much on me—I told him I did not want them—I did not think it was suspicious—he offered them publicly for sale in my club-room—he is a neighbour—they are common pins.
NOT GUILTY .
MR. RYLAND conducted the Prosecution. THOMAS FOSSEY. I am clerk to Mr. Benjamin Carr, a horse-hair-manufacturer, at No. 108, Bunhill-row. On the 23rd of March I missed forty-one yards of horse-hair cloth, which was unpressed—I saw it safe on the 22nd of March, about six o'clock in the evening—it was afterwards produced to me by Mr. Marshall, the presser—I knew it—I kept it a few hours, and sent it back to Mr. Marshall—I afterwards saw it in the officer's possession.
Cross-examined by MR. PARNELL. Q. Did you know the prisoner? A. No; not at all.
EDWARD THOMAS MARSHALL . I am a hot-presser, and live in Wilson-street, Finsbury. I am in the habit of pressing goods for Mr. Carr—on the 7th of April, a man brought some horse-hair cloth to my premises; he said he brought it from Mr. Boon, a chair-maker, in Soho—I had heard Mr. Carr had lost some—I looked at it, and thought I recognised it as belonging to him—I took it to Mr. Carr's and left it, and they sent it back—I arranged with Brannan the officer, that he should come the next night, or the night after, when I expected Colney, the man who brought it to my house, would call again—he did call, and was asked into my back parlour—Brannan was there—in the course of conversation I learned something about Mr. Boon—I saw Mr. Boon, and had some conversation with him—I heard something about the prisoner, and I and Mr. Boon went to the prisoner's house on Friday evening, 9th of April—he was not at home—we waited till he came in—Mr. Boon had pointed to a man named Holborn in the prisoner's hatter's shop, and
said, "That was the man I brought it of"—the man said he had it of his master to sell, and he sold it to Mr. Boon—when the prisoner came in we told him and he said, "I know nothing about it"—the man who sold it to Mr. Boon said, "Yes, you can satisfy the policeman, if you like; you will get me into a pretty hobble if you do not"—the prisoner then said, "I had it of a young man, who I had brushes of and he had hats in return of me"—he then said, "Is the young man in custody"—I said, "What young man?" and Brannan said, "What id name?"—the prisoner said, "Is he in custody?"—Brannan said, "You answer very strangely; I must take you into custody"—the prisoner said, "You shall not take me into custody"—he was going out, but he was taken into custody—I delivered the horse-hair to Brannan.
Cross-examined. Q. You went with Mr. Boon, in search of Holborn? A. Yes; I taxed him with it, and he said, he got it from his master—we did not take Holborn—I do not know why—he is not a witness—he did not go before the Magistrate—he absconded.
SAMUEL BOON . I lived at No. 9, West-street, Soho. I am a chair and sofa stuffer—in March, I saw a man whose name I afterwards ascertained was Holborn—I do not know what has become of him—I had some conversation with him, and he brought some horse-hair cloth which I brought of him, and paid him for it—I kept it a fortnight or three weeks, and then sent it to Mr. Marshall, to be pressed—a few days afterwards I sent my man for it, and Brannan came back with my man and the horse-hair—I, and the officer, and Mr. Marshall, went to the prisoner's shop in Little Earl-street—the prisoner came in afterwards—he was asked, whether he knew anything about the horse-hair cloth, he said he knew nothing of it for some time—he than said, he had it of a man he had brushes of.
JAMES BRANNAN (police-sergeant G 20.) Holborn is not to be found—means have been used to find him; he promised he would come and state that he had it of his master—his master confessed he had it of a man he had known for years—on the 9th of April I went to Mr. Boon's; I afterwards went to the prisoner's shop with the horse hair—I found Holborn there—I waited till the prisoner came in—I said to him, "I belong to the police; I have come to make inquiry about this horse-hair seating"—the prisoner said, "I know nothing about it"—"Yes you do, "said Holborn, "I will prove it; you shall not get me into a hobble; you know you gave it me; I will prove it"—the prisoner paused some time, and said, "O yes, I have had it two years; I had it of a man I bought some brushes of; he had some hats of me"—he said, "Is the young man in custody?"—"I said, "I said, "What do you mean; who is the young man?"—he paused a bit, and then said, "I know nothing about it"—Holborn said, if I would wait till he had put up the shutters, he would go with me; but the prisoner wanted to make his escape, and I did not wait for Holborn.
Cross-examined. Q. I dare say you know that the prisoner keeps a hatter's shop there, and has done many years? A. From inquiries I have made he had not lived long in the house where I took him—he has a shop in the neighbourhood—the shop I took him in has been shut up soon after Holbron absconded.
MR. PARNELL to SAMUEL BOON. Q. When Holborn first came to you, had he the horse-hair with him? A. No; he went and brought it, and while he was there, a publican in the neighbourhood passed and spoke to him.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy by the jury and prosecutor— Confined Six Months.
MR. RYLAND conducted the prosecution.
ELIZABETH BENNETT . I am the wife of Thomas Bennett; we lived near Russell square. On the 23rd of April I went out between eleven and twelve o'clock—I had a purse in my pocked, and a sixpence in it—I took out of it what money I did not want before I went out—my pocket was made in my petticoat—I got t it by an opening in my gown—I went to Skinner-street, Somers-town—there was something to be seen which took my attention—I stooped a minute or two, and saw the prisoner close by my side—I said to him, "Move your foot, you have got my purse under your foot"—he looked at me for a moment, and then ran—I stooped and picked up the purse—it was mine, and the sixpence was still in it.
Cross-examined by MR. PAYNE. Q. What was this that you saw? A. It was waxwork, in a glass case, and drawn by four wheels—I do not know the name of it—it was very beautiful—I did not stop a moment—I turned round, from what a witness said to me—I saw the prisoner by my side, and the purse and the sixpence safe under his feet—I saw him again at the station, between one and two o'clock the same day—I had never seen him before that day—he did not stay long after I found he had his foot on my purse—I turned round and said, "You have got my purse, move your foot," and he moved his foot and his body too—Mr. Jones is not an acquaintance of mine.
HARRIET JONES . I am the wife of Isaac Jones; we live in Wilstead-street. I was in Skinner-street, between eleven and twelve o'clock on the 23rd of April, and saw Mr. Bennett—I saw the prisoner with his left hand in her right-hand pocket—I saw him take his hand out, but I did not see anything in his hand—I did not see anything else—I saw the purse on the stones, just under his feet—I did not see it fall from his hand—I heard Mr. Bennett say, "Move your foot,"and he moved it—I said to him, "You thief, you have got your hand in the woman's pocket"—he ran away—I saw Mr. Bennett pick up the purse—I saw the prisoner the next day.
Cross-examined. Q. Have you seen him before? A. Yes, about Someratown, at the corner of the African, and different places—I gave a description of him—he is not an acquaintance of mine—my husband is a bricklayer—I do not know why we did not lay hold of the prisoner—there were a good many people there.
GEORGE MANLEY (police-constable S 311.) I heard of this robbery, and had a description of the man who committed it, from my brother officer—I had known the prisoner by sight for about ten months in that neighbourhood—I looked after him, and found him in Brill-row, about a quarter before two o'clock on the 23rd of April—my brother-officer came up, and he said to him, "What have you been doing this morning?"—he said, "Nothing"—he said, "You have been picking a woman's pocket"—he did not say anything then.
GUILTY .* Aged 20.— Confined Twelve Months.
MR. MELLOR conducted the Prosecution.
HENRY STEELE . I am draper, and carry on business in Broadway, Hammersmith—the prisoner was in my service for one month—he left me on Saturday, the 17th of April. On the Tuesday following I missed some property—the prisoner came for his box that day—I said to him, "I have missed five pairs of gloves from the department you had the charge of—I have a suspicion that you know something of them; will you let me see the contents of your box?"—he said, "Certainly"—he took the cord off his box, and these he turned back and said, "If you have missed the five pairs of gloves, I will pay you for them, if you think through me they have been lost"—I said, "I don't wish that, but let me see the contents of your box"—he said, "Very well," he felt in his pockets, and said he had not got the key—I said, "What have you done with it?"—he said he had left it at the house he had slept in on Monday night—the box was opened, and these gloves and other things were found in it—these collars are marked with my own private mark—one of these pairs of gloves is marked with my own private mark—this scarf has been marked, but the marked, but the mark has been taken from it—I can identify these things as mine—I had mot sold them—I said to the prisoner, "These are mine; will you tell me where you took them from?"—he said, "I have taken them from your shop; will you forgive me, and let me go?"
Prisoner. I told you they did belong to you—I could not find the key, and you sent for a hammer to break open the box; this handkerchief was never yours. Witness. This is a handkerchief which I believe was taken from my box—when we got to the station, the officer saw something handkerchief were trowsers, he was searched, and a pair of garter and this handkerchief were taken from him—he pointed to these articles and said, "These are not yours, and these are yours."
COURT. Q. He had left the box when he went away? A. Yes—I found it locked and corded—he opened it with a bradawl and hammer—it was his duty to serve in the shop.
Prisoner's Defence. The box was never locked during the whole time I was in his employ, till the day I left; I did not know that half the goods were in it; there were two pieces of ribbon in the box; they had been put into my pocket by somebody, I put them out twice, and I think they put these things in the box; I do not know of half of them.
GUILTY . Aged 20.— Confined six Months.
(There was another indictment against the Prisoner.)
JOHN PAIN . I lived the Old Oak farm, Shepherd's Bush. This pair of boots are mine—I lost them on Tuesday the 13th of April, from a boot-hole, where they are cleaned—the prisoner worked several times on the farms—I did not see him about the place that day.
cross-examined by MR. O'BRIEN. Q. What is your name? A. John Taylor Pain—I always go by the name of John Pain only—if I am signing my name I always write John—I was christened Taylor, but I never use it.
ROBERT PAI . I live with my father at the Old Oak farm. On the 18th of April I was in the garden at the back of the brewhouse, near the boot place, and saw the prisoner—he saw me, and ran away directly—I followed him—he jumped the garden hedge into the field, and ran through one or two pieces of water—I took him at last—he had these water-tight boots on his feet at the time—my brother John will swear to them.
JOSEPH YAPP (police-sergeant T 38.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted the 7th of Jan. 1845, and confined three months)—the prisoner is the person.
GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Monday, May 17th, 1847.
PRESENT—Mr. BARON ALDERSON; Sir JOHN PIRIE, Knt.; Mr. Alderman WM. HUNTER; and EDWARD BULLOCK, Esq.
Third Jury, before Edward Bullock, Esq.
1227. GEORGE CLARKE was indicated for forging and uttering a certain request for the delivery of 2lb. weight of barley-sugar; 2lb. weight of accidulted drops; and 1 dozen of orange marmalade, with intent to defraud William Volkman and another; to which he pleaded
GUILTY . Confined Six Months.
GUILTY .* Aged 18.— Confined Twelve Months.
GUILTY . Confined Six Months.
1230. EMMA ARNOLD was indicted for stealing 7 yards of lawn, value 8s.; 5 yards of silk, 12s.; 5 yards of satinette, 15s.; 5 yards of sarcenet, 6s.; 3 handkerchiefs, 3s.; I girdle, 1s.; the goods of , her master: also 17 yards of linen cloth, 12s. 6d.; the goods of Richard Gunton, her master; to which she pleaded
GUILTY Judgment Respited. .
SARAH HEATHCOAT . I am wife of Henry Wall Heathcoat—I am a laundress—the prisoner worked for me. On the 13th of May I noticed the things she was to wash—the copper woman counted the sheets in my presence—I afterwards missed one—I told the prisoner I had lost something, and thought she had got it, that I suspected her, having missed things before—she
said she had not got it—I told her to undress herself, or else I should do it myself—she undressed, and under her clothes I found the sheet pinned up—I took it away from her—this now produced is it—she said she hoped I would not tell her aunt—I said I would not, but I must tell my husband—I did so.
GUILTY . Aged 29.— Confined One Month.
MR. BRIERLY conducted the Prosecution.
JOSEPH EDWARD HOLDSWORTH . I am a tallow-chandler, and live in the Mile-end-road. On the 15th of March the prisoner came to my shop and produced this written request—(read—"No. 15, Harper-street,—Sir, Let the bearer have 6lbs. moulds sixes, and 6lbs. middling sixes; please tie them up, as they are for a customer in the country.—Alfred Myers")—Myers is a customer of mine, I am quite sure the prisoner brought the order—I furnished him with the goods.
Cross-examined by MR. DOANE. Q. you have known Myers a great many years? A. About eight months—I understand the prisoner is related to him.
ALFRED MYERS . I am an oil and colourman, and live at No. 39, Harper-street, New Kent-road. This order is not in my writing—I did not authorize anybody to write it—I know nothing about it, and did not receive the goods—the prisoner is my cousin—he was not in my service, and had no authority to obtain goods in my name.
Cross-examined. Q. I believe he was in distress? A. Yes, I believe it was done through distress.
MR. BRIERLY. Q. Have you any belief in whose handwriting the order is? A. I have not seen the prisoner write above once or twice, but it resembles his—I believe it to be his.
GUILTY . Aged 27.— Confined Twelve Months.
(There were three other indictments against the prisoner.)
Before Mr. Baron Alderson.
MR. BRIERLY conducted the Prosecution.
SAMUEL SNAPPER . I am a hair-dresser, and live in Gravel-lane, Houndsditch. On the 20th of April I was in the Pavillion in the Whitechapel-road, and went from there with my journeyman to a public-house close by—after having some ale I was coming out of the house—the prisoner Tedgell kept the door shut, holding it fast with one hand, to prevent us going out, and appeared to be picking up money—my journeyman, Crosby, called out, "Why do not you let us pass, and pick up the money afterwards?"—at that time Tedgell turned round his head, and I felt a snatch at my waistcoat-pocket—he was close to me at the time—I had a watch and guard-chain in my waistcoat pocket—I saw the guard hanging down, and the prisoner Phillips drawing his hand away—my watch was gone, and the swivel broke—he was
close at my left-hand side—both prisoners had been at the door—I hallooed out, "Crosby, this man has robbed me of my watch."—Philips ran away—I did not take notice of Tedgell, but he ran away afterwards—I and Crosby ran after Phillips—Crosby was first—I followed him, calling "Police"—Crosby caught him—the policeman came right in his face—he could not run any further—it was a gold watch—it was not found.
Prisoner Tedgell. Q. How could I hold the door if I was picking up money? A. You shut the door with one hand, and picked up the money with the other—I did not see you at the Police-office.
WILLIAM CROSSY . I am in the employ of Mr. Snapper, and live with him—I was with him at the public-house—coming out there were two men, one threw same money on the ground—I did not see the prisoners inside the public-house, nor at the door, to know them—I ran after Phillips, because as Mr. Snapper came out of the public-house he called out, "Crosby, he has robbed me of my watch"—I saw Phillips running away, and ran and caught him.
COURT. Q. Where did he start from? A. From out of the public-house—I did not see Tedgell at the public-house.
JURY. Q. You did not see the prisoner picking up the money? A. I saw one.
Phillips. Q. Did not I stop when he said I had taken the watch? A. Yes—you were not searched then, but at the station-house—you stopped when I caught you.
COURT. Q. Did you one of men at the door stooping? A. Yes, picking up money—I said, "Why do not you let him pass, and pick up the money afterwards"—I cannot say who those two men were—shortly afterwards Snapper gave an alarm, and I ran after Philips.
ANTHONY LEONARD (policeman H 123). On the 20th of April, between twelve and one o'clock in the morning. I was on duty in Whitechapel-road, coming down towards the Pavilion—I heard a cry of "Police, stop thief!" several times, went into the road, and saw a dozen people running, and Phillips running in front of them—I ran right in his face—at the same time Crosby laid hold of the back of his neck—Snapper came up, and charged him with robbing him of a gold watch in the public-house—I took him in charge—he was taken to the Police-office, remanded, and afterwards discharged, as I found nothing on him—I searched him at the station.
THOMASKELLY (policeman H 119). On the 19th April, about eleven o'clock at night, I saw the prisoners in company opposite the door of the Pavilion Theatre—I saw them together three or four times that evening—they are always together when Phillips is out of prison.
Phillips' Defence. I was not in Whitechapel after eleven o'clock; if he had seen me he would have had a sharp look after me.
Tedgell's Defence. I am innocent; I was at the Thames Police-court when Phillips was there; I was outside, walking up and down; he saw me several times; if I was the party, why not give me in charge?
NOT GUILTY .
1234. PHILIP PHILLIPS, WILLIAM TEDGELL, JAMES HUR-LEY RICHARD DAVIS, GEORGE HANKINS , and HENRY CAMP-BELL , were indicated for a robbery on John Railey, and putting him in fear, and stealing from his person I watch, value 5l., his goods; and striking, beating, and using other personal violence towards him; and that Tedgell and Campbell had been before convicted of felony.
MR. BALDWIN conducted the Prosecution.
JOHN RAILEY . I am a seafaring man. On Saturday morning, the 1st of May, I left my lodgings about half-past eleven o'clock, and went down Pennington-street, and was told there was a procession of charity children expected in Gravel-lane—I walked with them as far as the church door, in St. George's-in-the-East—I saw them go into the church-gates—there was a great crowd—after they got into the gates I was going home, and making my way through the crowd I saw a man, who was the prisoner Phillips, coming towards me in great haste, and the prisoner Tedgell following him—Phillips came right against me in front, pressed very hard against my waistcoat-pocket where my watch was—at the same time I heard a snap, and felt my watch go from me—the guard was round my neck—that was not broken, but the watch was broken from the guard—I felt the snatch which broke it from the guard, and saw it in Phillips' hand—I directly seized him, and called the police, but no policeman coming near I had to struggle with him for ten minutes—not a single policeman came up for ten minutes—at the time I saw the watch in Phillips' hand I saw the prisoner Campbell on my left-hand side, and Tedgdll on my right, rather before me—this was while I was struggling—Campbell had hold of Phillips' arm, trying to rescue him from me—Tedgell struck me on the arm several times—Campbell attempted to make a blow at my head, and knocked off Phillips' hat—Campbell said, "You have got hold of the wrong man; he is a gentleman"—there were a number of them about me at the time—I cannot identify either of the other prisoners, but they were striking me in all directions—Phillips's waistcoat tore, and he got away from me—I followed him down Cannon-street, across the highway, and never lost sight of him till he was stopped—my watch was found on the spot where the struggle took place—the watch produced is it—it was found with the glass broken.
Cross-examined by MR. HORRY. Q. There was a great crowd? A. Yes—there was no shuffling or bustling till Phillips came up—I was on the pavement—the children were in the road—I was at the last part of the children, and there was not a great crowd there—there was in the street—the officers made way for them, but did not make any confusion—everything went off very quietly—there was no crowd where I stood—a woman stood next to me with two children—I was not pushed backwards and forwards in the least till this happened, I was in a very comfortable spot—nobody was pushed against me—this was done suddenly—I swear Phillips was not pushed against me—Tedgell was behind him, he pushed him—there was nobody else behind him at the time—I was making my way out of the crowd, and Phillips came right across me, in a great hurry, and the moment he came to me I felt the pressure against my waistcoat-pocket, and heard the snap—I was looking directly in his face—I saw him coming towards me—I did not turn rounds to see Phillips—he was right before me—I looked at my waistcoat pocket, and saw the watch in his hand—I took hold of him before he had time to put it in his pocket.
COURT. Q. Had you ever seen Tedgell before? A. No—he was probably about ten minutes near me—I saw his face, and am certain he is the man.
Cross-examined by MR. WILD. Q. Have you seen the policeman since this? A. I have seen him almost every day, here and at the Police-court, and walked with him after the trials were over, and had a glass of ale with him—I went to his house one day, to ask about my watch, about a week ago—I
only went once—I did not stop above ten minutes, and did not drink anything—I asked him what time I should have attend in the morning, and asked to took at my watch, to see if it was injured—that was my only motive in going—he said nothing about this trial—I had about ten minutes' struggle with Phillips, not previous to the other coming up—they were altogether, and all fell on me at once, as soon as I got hold of Phillips—it was about half-past twelve—I had never seen Campbell before—I had not been drinking at all—I had not taken my watch out after leaving home.
MR. BALDWIN. Q. At the time it happened, had the children gone into the Church? A. Yes—my attention was not drawn to them then.
SARAH EGINTON . I am the wife of Edwin Eginton, of Essex-street, Commercial-road. On Saturday, the 1st of May, I went to see the procession of the charity children to Church—I stood on the footpath, close to the prosecutor—I saw the prisoner Campbell there, and saw the thief—the prosecutor was surrounded by men—they pushed him about and beat him on both his hands, wrist, and arms—Campbell held Phillips's right arm with his left hand, and said to the prosecutor, who was holding him, "This is not the man, let him go; he is not the man, foe he is a gentleman"—he repeated several times, "This is a gentleman, let him go," and Phillips said, "I am a gentleman, let me go"—the whole of the prisoners were continually beating the prosecutor—I saw Tedgell and Hurley pushing and striking Railey, and Davis was trying to rescue Phillips—he was striking and beating Raily—Davis had a round cloth cap on, and was trying to get Railey's hands away from Phillips, on his hip✗ part—Hankins was also beating and struggling to get Phillips away—I am sure all the six were there.
Cross-examined by MR. HORRY. Q. Phillips tried to get away? A. Yes, every now and then he tried to twist and twirl—I cannot say I saw Phillips strike the prosecutor—he had too many on his arms and hands.
Cross-examined by MR. DOANE. Q. What was the first thing you saw? A. Campbell having hold of Phillip's right arm—I know nothing of the watch being taken—I did not see the robbery—I was on the path—Campbell was the first I saw strike him, and Hankins was the next—I took up Phillip's hat, and it was directly snatched out of my hand—the prosecutor had hold of him—we were all jammed in together, and I had a hard matter to raise myself up with the hat—it was taken out of my hand before I could rise—that was after the two prisoners gave the blows—Campbell stuck over three of them, he being the tallest man, and in striking at the prosecutor's face, he struck Phillips's hat off, and fell head foremost.
Cross-examined by MR. PARNELL. Q. Some of them were taken into custody at the time? A. One was taken about three-quarters of an hour after—the police did not come up while the struggle was going on—it was about half-past twelve—I was called out of my bed about half-past ten that night by the police, who had got Tedgell, Hurley, and Davis, to see if I knew them—I was quite certain of them—my husband is a wig-maker—I am no scholar—the prisoners beat the prosecutor dreadfully.
Cross-examined by MR. PAYNE. Q. Whose employ is your husband in? A. He works for any person—it may be four months since he made a wig—I was not confused in the least till the mob began to run, and pushed me about—I was close to the prosecutor, on his left side—I got no blows—when the policeman came to me at night, he brought the three prisoners he had taken, to the top of Charlotte-street, where I live, and asked me to come and look at them—he said he knew he had got the right prisoner, by what I had said to him—I went and saw them.
Cross-examined by MR. WILD. Q. When did you next see Campbell? A. He was brought to me recognize, on the Sunday afternoon, the 2nd of May, about six o'clock—I saw Smith and Driscol, they brought him to me out of the police-station—I had not the least doubt of him—I took up his right arm, and said, "I can say it is you, by your coat, handkerchief, and satin waistcoat"—he said when he came out of the police-house, "Look at me well, I hope you won't say it is me".
Tedgell. Q. When you were in the police-court, did you not see me pass you? A. Yes, in the passage—it was only once—you went crawling along the passage, with your arm up, and hiding your face—that was as you went in—I immediately said, "That is one of them"—I was directly brought up towards you, and said I could see plainly it was you, by your glossy hair and satin waistcoat—you said that was hard lying—you were sneaking into the office, not walking—the policeman did not say, "Do you know this man?—I did not look at you for a quarter of a minute, and did not say I did not exactly know you—you said you had been at the King's Arms all the morning, and had seven pints of ale, and the person who booked the charge said the man could be brought forward—you said directly, "The publican knows nothing about me."
ANN LINKWATER . I am the wife of John Linkwater, of Tarling-street, St. George's. I saw the charity-children, and after they had gone into the Church, I felt a very sharp pressure—I turned round, and saw Railey holding Phillips and calling "Police!" and said, "This man has stolen my watch"—I saw men about him, but am not able to speak to any of them—they used s✗ great deal of violence—I went in search of a policeman—I returned, and found the watch—I saw Phillips get away after his waistcoat gave way—I saw his hat knocked off by somebody—he ran away his hat—I took the watch to the station, to the police—the glass was broken.
Cross-examined by MR. WILD. Q. Did you see Mr. Eginton there? A. I saw a female answering her description—she stood in front, and had a better opportunity of seeing what passed than I had.
ROBERT FRANCIS HESKETH . I am a labourer, and live in Bett-street. On the 1st of May there was a cry of "Stop thief!"—I saw Phillips coming through the street, with his waistcoat open and torn, and no hat on—I ran✗ into the street and collared him—he said he was a respectable mercantile man, and was accused wrongfully—I gave him to Driscoll.
PIERCE DRISCOLL (police-constable.) I took Phillips from Hesketh—he said, "I ran, but I am not the man"—he was without his hat, his waistcoat open and torn—I took him to the station and searched him, but found nothing—he said, "I know I shall suffer for this, though I know I am innocent"—Mr. Linkwater brought me the watch.
Cross-examined by MR. HORRY. Q. Did not he say he ran, because he was afraid of being in some trouble? A. Yes.
WILLIAM SMITH (police-constable K 220.) I took Tedgell into custody at the Thames-police-court, and showed him to Mr. Eginton—he said to her, "Be careful what you are saying, mind what you are saying," perhaps a dozen times—he told me I had got him wrong this time, that he was not there at all.
Cross-examined by MR. PARNELL. Q. Did you take anybody to Mr. Eginton that she said did not identify? A. No.
Hurley—Gifford took Hankins—I told them I took them for being concerned in this robbery—Davis said he was at the King's Arms from ten o'clock in the morning till four in the afternoon—Hurley said, he did not get out of bed till near eleven o'clock in the day, and was not near the place—I took them to Mr. Eginton—she identified them—Campbell was afterwards brought to the station, and said he was five miles off, and was not near Cannot-street-road all the day.
Cross-examined by MR. WILD. Q. Did they say this before the landlord of the King's Arms? A. They did not.
The prisoner Tedgell called
DANIEL PEPPER . I keep the King's Arms, Whitechapel-road. On the 1st of May Tedgell was at my house about half-past ten o'clock, and went away from about half-past one to two, when some women called him out.
COURT. Q. What were you doing all the time? A. Serving in my bar—the other three men were taken at my house—I was going to and fro from half-past ten to half-past one or two o'clock, attending to my customers—Tedgell stood leaning on my bar, not all the time—he was in the tap-room part of the time—I positively swear he was not out of my house the whole of that time.
MR. BALDWIN. Q. Was he in the habit of coming to your house? A. Yes; for the last month—I think he was there the day before—I think in the evening—I am not certain whether he was there on Thursday—he generally came e very day, and at sundry times in the course of the day—my attention was called to his being at my house on the same day—I was the first person who said he was in my house—I live about half a mile from Cannon-street, St. George's-field—I heard he was in custody on the same Saturday afternoon—I told the policeman he was in my house; I cannot say when—Kelly will tell you what I told him—I told him he was in my house, and I could swear it.
Q. Will you swear you told the policeman, not that he was there at half-past ten o'clock, but that he was not in your house till half-past one or two? A. I think I went as far as to say he was there the whole day.
COURT. Q. Have you been writing to the prisoner in goal? A. No; I am quite certain of that—(looking at a letter)—I never saw this before—it is not my writing, nor any of my friends.
MR. BALDWIN. Q. What day was it that you said anything to the policeman? A. I cannot remember; but when Kelly came to my house, I told him of it—I heard several people say on the Saturday evening, 1st of May, that Tedgell was in custody—everybody was talking of it—I never saw him after the 1st of May.
THOMAS KELLY re-examined. Tedgell came of his own accord to the police-court when Phillips was being examined on Saturday the 1st—I saw the witness on the 8th, and asked him about another prisoner—he said, Tedgell was at his house at ten o'clock in the morning, and was there part of the day—he did not say how long—he did not say from ten till half-past twelve—Phillips was taken immediately, and was at the police-court, I should say by half-past two, and Tedgell also—it is about a mile from the King's Arms.
WILLIAM BRIGGS (City police-constable, No. 353.) I produce a certificate of the prisoner Tedgell's previous conviction, in the name of "Health"—(read, convicted Oct., 1844, and confined six months)—he is the man.
JAMES GLOVER . I am a porter. I produce a certificate of the previous conviction of Campbell—(read, Convicted Feb., 1844, by the name of Anderson, and confined one year)—I was present at the trial—he is the man.
PHILLIPS— GUILTY . Aged 22.
TEDGELL— GUILTY . Aged 23.
CAMPBELL— GUILTY . Aged 22.
Transported for Fifteen Years.
HURLEY, DAVIS and HANKINS— NOT GUILTY .
MR. BALDWIN conducted the Prosecution.
JOSEPH NASH . I am house-surgeon at the London Hospital. I saw the deceased William Bridges at the hospital, on the 2nd of April, in a state of great prostration and collapse—he died on the 11th—I examined his body after death—the bladder was ruptured—that was quite sufficient to accoum for death—there was no other cause—such an injury might have been inflicted by a heavy-soled boot or shoe, or from a kick or fall—if the bladder was distended at the time, it would be more likely.
Cross-examined by MR. CLARRSON. Q. Suppose he had a rule in his pocket, and in falling, the rule went against him, might that have ruptured the bladder, if distended with drink? A. It might—he was a plumber.
CAROLINE HAYNES . I am the wife of William Haynes, of Essex-street, New-road, Whitechapel. On the evening of the 1st of April, I went into the Artichoke beer-shop, Jubilee-street, Stepney, between seven and eight o'clock—my husband and other people were in the room—William Bridges was there—they were talking loudly—the prisoner, who is the daughter of the person who keeps the house, came in—she wished Bridges to go out—he said, he did not see why he should go out more than any one else—she took up the poker—Bridges took it out of her hands—she took up the shovel, and put it down again—he was sitting in a chair by the fire-side—she took hold of him by the collar, and dragged him on the ground, then stamped on the lower part of his body three times—she wore thick-soled boots with iron round them—Bridges was lifted into his chair, and complained of great pain.
Cross-examined by MR. CLARKSON. Q. Were you drunk? A. No—it was between seven and eight o'clock—the prisoner said her mother was ill up stairs—she came down from attending her mother—Bridges said he did not see why he was to go out, as he had not done anything to anybody, he was not speaking at the time—I cannot say whether he and Stacey had been quarrelling or fighting, as I was not there—I did not hear the prisoner say she insisted that he should go out when she took the poker—I was examined before the Coroner—Bridges tried to save himself from going down when she dragged him—they did not scuffle—he almost went down momentarily—she had hold of his collar, and he fell by means of her holding his collar—she was trying to drag him out of the chair, and his weight caused him to fall down, I suppose—she only stamped on him with one foot—she had one foot on the ground, the other on the lower part of his body—it was done momentarily—there was no time for interference—Neale said, "Mr. Burns, that will do," and she got off directly—the prisoner's gown was not torn from her back—when it was all over, he dress was unhooked behind her back—it was not loose.
JOSEPH STACEY . I am a coalwhipper, and live in Henry-street, Stepney. On the 1st of April I was at the Artichoke—Bridges came in there about three o'clock, and afterwards Haynes and Neale came, and afterwards Mr. Haynes—the
prisoner had been into the room to put the blind on the window—she stood on the table to do it—Neale said, "Mr. Burns, you have your heavy boots on"—she said, "Yes," and I saw she had wooden-bottom boots on, bound with iron—she came in again after Mr. Haynes came—she caught hold of Bridges by the collar, and kicked him on his lift knee—she had ordered him to go out of the place before that—he said he did not see why he should go more than any other man—she then collared him, and kicked him on the knee, then took up the poker—Bridges took it from her—she took up the shovel, then flew at him, and caught him with both hands as he sat on the chair, dragged him off the chair, and he fell on his right side—she directly stamped on him three times with her left foot, and said, "You old b—r, I will give it you now"—Neale said, "Mr. Burns, that is enough of that," and she stopped, and left the room, and Bridges was lifted on the chair by Neale—he immediately said, "Stacey, fetch the doctor, I am very much hurt"—I ran for a doctor directly—Mr. Haynes had drunk nothing in the house.
Cross-examined. Q. Were you sober? A. I cannot say I was—I had been drinking in the house—I play at single-stick—I did not begin the row—I never called the prisoner "Liverpool pol" in my life—I did not go about singing a balled about her—I might have seen the balled—I did not go about for subscription to prosecute her—I know nothing about this yellow card—I did not strike her—I never struck her in my life—I never meddled with her at all—I never touched her clothes, much more her flesh—I never called her names when she was putting the blind up, nor did anybody else—I cannot say whether Bridges was drunk or sober—he did not in my presence call her the name attributed to her—I had not had a row there a a few minutes before—there was no row—I had asked Bridges it he had said so and so, which I had told him not to say, and he said he had—I was not drunk—I cannot say that Haynes was drunk—I had only had one pint of beer when I went into the public-house—there were three pints drank between five of us—this happened about seven o'clock—I was taken into custoday about a week before, about a fight.
WILLIAM NEALE . I am a boiler-maker, and live in Dempster-street, I was in the beer-shop—Mr. Burns came into the room, and ordered Mr. Bridges out—he said, "Why should I go out more than the others?"—she took the poker up—he took it from her—there was not much of a struggle—he got up to do it—she took up the shovel, dropped it directly, and flew back on him—she went back to him, and shoved him on a chair, while he had the poker in his hand—she dragged him off the chair on to the floor, and stamped on him three times.
Cross-examined. Q. There was a great row at the house, was there not? A. Yes—the deceased made the row—he was the one who was speaking the loudest—when Mr. Burns came in, she wanted to know what the row was about—Bridges was not making a row then—he was talking—she desired him to go out, and took hold of his coat—he asked why he should be taken out more than the rest—she let him go—I did not observe how near Stacey was to her—I did not see him strike, or do anything—I cannot say whether she fancied Stacey was about to strike her.
COURT. Q. Do you think she thought Stacey was about to strike her? A. No—I cannot say what she took the poker for.
MR. CLARKSON. Q. Do you think she fancied Stacey was about to strike her, and that she went to the fireplace to get the poker? A. she took the poker before Stacey got up at all—he got up to take Bridge's part—I cannot
say whether there was anything to induce her to think Stacey was going to strike him.
COURT. Q. Were they both holding the poker when they went on the floor together? A. Yes—as soon as Mr. Burns stamped on him he let go—she tried to take the poker from him, and dragged him off his chair on to the ground, he keeping hold of the poker.
Q. While she was trying for it, did he slip off the chair on the ground? A. She dragged him off the chair on the ground, he keeping hold of the poker.
MR. CLARKSON. Q. Were Mr. Burn's gown-hooks torn off her back? A. I cannot say, but she went out of the room, came back again, and said, "Look at my gown, how it is all torn"—I saw the hooks off—I was not drunk—there was another row afterwards, after Bridges went to sleep in the chair—the doctor came, and said he did not think there was anything the matter with him—I held Stacey back to prevent his attacking Mr. Burns—to keep him from getting into the row—I was afraid if he went near her she would hit him—I told him to keep away form Mr. Burns—I would not let him go near her—he was not drunk, for he knew what he was doing—he had had a drop of drink—I kept him back, as I was frightened there would be more row—I did not keep him back after the row over, and say I had been the saving of Mr. Burns' life from the violence of Bridges and other—nothing of the sort—when I asked Mr. Burns if she had got her thick clogs on, she held up her foot, and said "Yes," she had just come from the country.
COURT Q. Was Stacey taken into custody that night? A. Yes, because they had a spite on him for fetching the doctor.
WILLIAM HAYES . I am a painter, and am the husband of Charlotte Haynes, and live in Essex-street. I was at the Artichoke—a contention began by a few words mentioned to one party, and he went and told another party—Mr. Burns came into the room and told the deceased she wished him to depart out of the house—he said why should he go more than any one else, and we all said so—with that she took up the poker, had it in a striking position, and Mr. Bridges got off the chair, and took it out of her hands—Mr. Burns laid hold of the shovel, and put it down again—she made no attempt with it at all—I turned round to light my pipe, and saw nothing more till Bridges was on the ground, and Neale lifting him up.
Cross-examined. Q. Were you one of the party who had words with Bridges and Stacey? A. Yes—it was about betraying a secret, how a man could keep a secret at single-stick—it was stated that Mr. Holmes, the prisoner's mother, had gone to bed ill—when Mer. Burns came down, she inquired what that row was about—she could not get a satisfactory answer—she desired Bridges to go out—he was not making a disturbance particularly—he was talking a little—she took up the poker—the deceased took it from her—then she took up the shovel, and put it down—I did not see her attempt to put the deceased out by the collar of his coat—I did not see her attempt to put him out—I was lighting my pipe at the time—I swear I was sober—I was not so intoxicated as not to know what I was about—Bridges did not call the prisoner an abominable name in my hearing—I heard Stacey call her a b—, and they retaliated one with the other—I cannot swear who used the word first—he did, as far as I could judge.
JOHN PICKETT . I went to the house about ten minutes after eight, and saw deceased asleep in the chair—I did not see his rule till he got up—he then took it out of a small pocket which is made to hold it—it might have gone down lower than his private parts, rather—when he produced it from
his pocket, it was broken in two—he said, "I have got my rule broken in the seuffle, I don't know who did it"—I took him to the hospital—on the road he said he deserved all he had got, for he and no business to do anything to the woman; but he did no think he should suffer much.
COURT. Q. On which side of the belly was the rule? A. I believe the right side—it was a glazier's rule.
MR. BALDWIN. Q. Was it a two-foot rule, folded? A. I think it was a plain rule, not a double one—it had no hinges—it was broken very near the middle, as if it was broken against his stomach.
JOSEPH NASH re-examined. The bladder was ruptured a the upper part—it must have been done by direct violence—falling on the end of the rule might produce it, if the rule was over the bladder, pressing against it; if he had fallen against any hard substance on the rule, it might do it—such violence as broke the rule would rupture the bladder, in its distended state—stamping on it with the foot would do the same thing—I could pass my middle finger very well into the wound.
NOT GUILTY .
PHILIP MOSS . I knew the deceased Daniel Mathews—I worked with him—I saw him at Mr. Collins', where he worked, on the 26th of March, the day this happened—I saw him every day—he had been complaining of ill health before that time—he had been complaining for a week before the blows were struck—he was complaining of a pain in his head—he said he had been ailing in his head for some time—I do not know how long before his death it was that he began to complain—I did not see the blows struck.
SARAH MATTHEWS . I am the widow of Daniel Mathews—he was a day labouring man—he died on the 14th of April—he never complained before March the 28th—he then complained of a dreadful pain in his head, putting his hand to his forehead—his right eye and left ear were both discoloured—he complained of it till he died.
JAMES LIVERMORE . I knew the deceased many years—on Friday evening the 26th of March, he came to the Hare and Hounds North-End, Hampstead—he called there coming home from Smithfield Market—he was not tipsy, he had had a little drop of drink—a few minutes after, the prisoner and Moss came in—they had a pot or two of porter together—Smith went away and returned afterwards rather the worse for liquor, and seemed very quarrelsome the deceased was still there—I heard Smith call the deceased a b—y old snot—deceased said, "You snotty old monkey, do you know you are calling a man names, old enough to be your father and grandfather?"—the prisoner then went across and struck him over the eye and twice on the head, and with the second blow his head went against the boards—there were only two blows struck—I went to my seat to assist him—he got up as well as he could and went out and called "Police"—he looked very pale indeed—I do not think I saw him on the Saturday—he complained on the following Thursday—he never complained to me, but he looked very white when he went out.
Prisoner. It was on Monday that he came from Smithfield Market. Witness. It was on Friday evening.
MR. PERRY. I am a surgeon. On the 12th of April the deceased came to me and complained of pain in the head and general weakness and illness—I
prescribed a blister and other remedies for him—he died on the 14th—I made a post mortem examination of the body—I found very severe bruises o✗ the left side of the head, and on removing the scalp I found a great deal of contusion and effused blood—the covering of the scull-cap was covered with blood, and the vessels of the brain were tinged—on cutting through the outer membrane, a large quantity of semi-fluid blood was discovered, which caused apoplexy—a fall or a blow of any kind might have produced dea✗—he might have lasted some time—it might have been within the time of his having received an injury (March 26th)—a gradual oozing out would take place—from the degree of force required to produce it, there would be a faintness and exhaustion, but the man might recover and walk about for some time, the oozing out going on till it acquired such extent that the brai✗ could not sustain the pressure longer—two blows in the face might produce the injury, as he had a wall on one side and another behind—the left side of his head was against the wall—he would feel a sudden faintness—I am firmly of opinion that the two blows produced the effect I saw.
Prisoner. I am sorry for it.
GUILTY. Aged 23.—Recommended to mercy by the Jury. Confined One Month, Solitary.
NEW COURT.—Monday, May 10th, 1847.
PRESENT—Mr. RECORDER; Mr. Alderman MUSGROVE; and Mr. Alderman W. HUNTER.
Fifth Jury, before Mr. Recorder.
1237. CHARLES PRICE was indicted for stealing 1 coat, value 1l., the goods of Richard Jarman ; also 1 brush, value 3s.; and 1 stock, 7s.; the goods of Thomas Cubitt; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 61.— Confined One Year.
GUILTY . Aged 14.— Confined Three Weeks and Whipped.
GUILTY .(†)* Aged 20.— Transported for Seven Years.
(The prisoner received a good character; and the prosecutrix engaged to take her into her service.)
GUILTY. Aged 18.—Recommended to mercy— Confined 8 days.
MR. PRENDERGAST conducted the prosecution.
JAMES ARCHER . The prisoner called on me for rates due to the Commissioners of Whitechapel Trust—I was not prepared when he called—I afterwards carried the money to him—I found him in his own house—I paid him the amount of 18s. on 25th May, 1846—he gave me a receipt—this is it—(read—"Received, 25th May, 1846, of Mr. James Archer, 18s., for two quarter's pavement rate, due at Christmas last, one-third being assessed on the landlord. JOHN PRICE, Collector.")
Cross-examined by MR. COOPER. Q. Then this rate was due at Christmas? A. Yes; that was the time I ought to have paid it—I never collected rates—I know that with some persons they are not paid till the end of the year—I have known the prisoner thirteen or fourteen years—I believe he would pay rates for me, trusting to me pay him again—I never knew anything against him—his wife died three or four years ago—I believe that preyed very much on his mind—he has a family.
EDWARD RAMSDEN . I am an inhabitant of the parish of Whitechapel. The prisoner called on me on the 19th June, last year, for some rates—I paid him 1l. 5s. on account of my brother and myself—this is the receipt he gave me—(read—"Received, 19th June, 1846, of Edward Ramsden, 1l. 5s., for four quarters' pavement rate, due at Christmas last, one third being assessed on the landlord. JOHN PRICE, Collector.")
Cross-examined. Q. This rate was due at Christmas; had it been called for before June? A. I do not think it had been called for above once—it has been the habit of the parish to pay these rates five or six months after they become due—I do not know that the rates have gone longer than that—I have known the prisoner eight or ten years—I never heard anything against him.
THOMAS EDWARD DAVIS . I am in the employ of Mr. Edward Wentworth The prisoner called on me for the rates, on 7th of August, 1846—I paid him by a check, 7l. 6s. 8d.—I received this receipt from him—this is the check I gave him, it was not crossed then—(read—"Messrs. Barnett, Hoare, and Co., pay to pavement of Whitechapel, or bearer, 7l. 6s. 8d. E. WENTWORTH.") This check was returned by the bankers as paid.
WILLIAM WYNN WILSON . I am clerk to Messrs. Spooner's the bankers—I cannot identify this check; but a check for 7l. 6s. 8d., drawn on Barnett Hoare and Co., was paid in with other checks, and money, in a sum of 54l. 15s. 3d., to the credit of the Whitechapel Road side commission, on 8th August, 1846—this is the pass-book—it is here entered 54l. 15s. 3d.
GEORGE STARKINS WALLIS . I am one of the treasurers to the commissioners for paving Whitechapel-road—I am one of the commissioners, there are others—the prisoner was collector of rates for the commissioners—it was his duty to account to the Board every time they met, for the amount of rates he had collected up to that period—if he received, on the 25th of May, 18s. of Mr. Archer, it was his duty to account for it at the next meeting of the commissioners, which took place on the 5th of June—I was present when the entrys were made in this minute-book—the collector was present—these entrys were made in his presence, from the margins of his receipts—he did not account for this 18s.—he accounted for 20l. 0s. 4d. as what he had received up to that day for Charlotte-street, where Mr. Archer's house is rated—this account will not tell how that account is made up—Mr. Archer's money ought to have been entered in this book, and it is not—this is a book which was kept by the prisoner, and was in his possession, but he neglected posting it up—this
this book was given him when he had to collect the last rate, with instruction to enter every person's rate in it, and this should agree with the ends of the receipts remaining in the receipt-book—he had a receipt-book given him, and it was his duty to tear off the receipt, and then enter on the end remaining in his book, the sum he received, and those documents were produced before the commissioners—supposing he received a sum from Mr. Archer it was his duty to produce it—I think he did not produce it—it is not entered in the book—the writing in this book is partly the prisoner's, and partly of several of the commissioners—this book should have been filled up, but we never could prevail on him to do it, and we insisted on his sitting down and filling it up by the counterparts of the receipts—some of it was done by him, and some by the commissioners—he was present, and acquiesced in everything that was done—he stated that was all he had collected, and made various excuses for not collecting more—this book has no date, but merely the numbers of the receipts, and this receipt of Mr. Archer's is not numbered—a receipt-book was given to him, out of which it was his duty to give receipts, and that book was to referred to—it was his duty to have a numbered receipt, and to refer to the receipt by the number, since the last book was given out—I am not aware what the arrangement was before that—this is an old receipt—I am not aware whether this rate was made before May or afterwards—this book contains all the sums which the prisoner professed to have received on that rate—the items of Charlotte-street are here given—Mr. Archer lives in Charlotte-street, and this does not contain the receipt of this sum from him—this book has no date, but here is a sum of 20l. 0s. 4d. from Charlotte-street entered in the minute-book, from this book—this book will not give the information whether this sum 18s. forms any part of this 20l. 0s. 4d.—I do not know whether I have seen this rate-book before, unless I have seen it at the Board—I have not examined it—here is the name of James Archer, Charlotte-street, in it—I do not know who wrote it, but I see this book has been before the Board—here is the signature of a number of the commissioners to it—my signature is not to it—it is the rate-book from Christmas, 1844, to Christmas, 1845—here is the name of Archer in it, under the head of Charlotte-street—supposing the prisoner received this sum on the 25th of May, 1846, for two quarters' rate, due at Christmas, 1845, this book ought to have contained that entry in the prisoner's writing—this sum does not appear—here is a deficicency of 18s. due from Archer for that half-year—it was the prisoner's duty to make these entrys at the time he received the money.
COURT. Q. This 18s. has not been carried out as paid? A. No, it is not entered as paid—it is put in the first column as a charge against Archer, but not in the column of discharge—here is 1l. 16s. entered in the third column, which is the total amount of the rate—he has put 18s. in one column as paid, but he has not entered the 18s. in the second column as paid—this 20l. 12s. at the bottom of the column is the total amount of the rate, which is added up by the clerk before the book is delivered to him—this "1l. 16s." is not his figures—this third column is the gross amount of the year's rate—when he received the first half-year he put it down in the first column—this 18s. on this receipt ought to have appeared in the second column—the only mode by which he shows he has not received it is by leaving the column blank—by leaving it blank this amount is carried out as arrears in the audit account—I think I was not present at the audit—I only observe by the audit that 18s. has been carried out as arrears—here it is—I believe this is the clerk's writing—the prisoner has not signed it—here is "James Archer to pay 18s., folio 5."
Cross-examined. Q. When was the usual time that the meeting was held?
A. The date of the audit was on the 5th of June, 1846—the last meeting, when the prisoner was summoned before us, was in Feb. last—the usual time was June or July—I was present at the last meeting, and the prisoner was there—he was ordered to sit down at the table and make out the account as he could—he had had notice several days before—he had quite time enough—I did not send the notice—he said, "I am called on on a sudden; give me a month, and I will make all right?"—if we had given him a month he would have asked for another month—he did not say there were several errors and mistakes—he said, "Give me time"—he is bound in a security for 300l., and I believe he has two other securities—he keeps a broker's shop, and has goods to sell—when he made out his account he had all his books with him—when we asked him for his account; he said he was not prepared—I cannot says whether during this procedure he was ordered to go out of the room—I should say not after he commenced his audit—he had not been in the habit of having a book of this kind before—this was the first time he had it, and it was in consequence of the irregularity in his account—I know that in the parish persons are very often backward in paying the rates, and though they are due half-yearly, they are paid but yearly—I do not know that there is a friendly feeling between some persons and the collectors.
MR. PRENDERGAST. Q. Turn to Mr. Ramsden's name in the rate-book for 1845? A. Here it is—here is 1l. 5s. entered on June 19,1846, as received from George Ramsden and Edward Ramsden, and it has been struck out again with ink—here is 12s. 6d. for each half-year making 1l. 5s., and that has been struck out—I do not know whose writing it is—this book was kept by the prisoner.
MR. COOPER. Q. The audit meeting was on the 5th of June? A. Yes, I was not present—this is put in the book as paid and then struck off—if the audit meeting was on the 5th of June and the money paid on the 19th of June this would be against himself.
COURT. Q. Then by not introducing what was chargeable he had actually charged himself with it? A. It appears to have been charged in the book and afterwards erased, but I think it was afterwards handed over to the arrear account—I believe in the audit it was not accounted for.
MR. PRENDERGAST. Q. Supposing him to have received of Edwards wentworth on the 7th of August 1846, 7l. 6s. 8d., show us whether the book contains any entry of that kind? A. Here is in this rate-book a rate made on the 10th of July 1846, a rate due between 1845 and 1846—here is Edward Wentworth, and a total amount of 7l. 6s., 8d. paid in to make up small amounts paid in to the credit of Mr. Wentworth at Midsummer 1845—that appears to be paid—the last Christmas rate does not appear by the rate-book to be paid.
COURT. Q. This is a rate-book for 1845 and 1846? A. Yes; it appears the second half-years has not been paid—there ought to have been two sums paid.
DAVID JENNINGS . I am clerk to the Commissioners for paving whitechapel-road—I have the account of the money received from Mr. Archer in the prisoner's book up to Christmas 1845—the collecting account was audited on June 5, 1846—his account was audited and passed that day, and he produced his vouchers to the Board—the account states on one side the amount of rate which he had received, and other the amount he had to collect for Charlotte-street, and added to that, the arrears on a former rate, the deficiency then existing, and his own commission and collecting which formed an exact balance—this was written by the dictation of the prisoner by a clerk of mine—this account was rendered on the 5th of June—he here states that Mr. Archer's account was deficient.
Q. Did he give any account of the 1l. 5s. received of Mr. Ramsden on the 19th of June? A. On the 19th of June he reported that he had not received any sums—it appears at a Board held on the 19th of June his return was "None received since the last audit"—the last audit was that on the 5th of June—he reported nothing as having been received from the Road side—he was invariably asked at every Board when he delivered an account, whether that was all he had received, and he stated that was all.
COURT. Q. What time was this Board held on the 19th of June? A. At six o'clock in the evening he reported he had paid into the banker's 20l. 0s. 3d. deficient at the last Board, and had received 19l. 9s. 11d. for Greyhound-lane, and nothing for any other street—at a Board on the 7th of Aug., he stated that he had paid into the bankers the 54l. in which the check was included, which turned out to be the fact.
COURT to EDWARD RAMSDEN. Q. What time of the day on the 19th of June did you pay that money? A. In the forenoon, to the best of my recollection—I am sure it was not at seven o'clock in the evening—I paid it in our counting-house in Whitechapel-road—it is impossible for me to say the hour—it was in the forenoon to the best of my recollection—I leave about seven in the evening—the prisoner had called once before for the money—I know this was paid on the 19th of June—I have it down in my cash book which is not here—I saw the prisoner write the receipt.
COURT to DAVID JENNIGS. Q. Where was this Board held? A. At Whitechapel workhouse—that is very close to Mr. Ramsden's—the Board never meet till about half-past six, and the collector was never dismissed till past seven.
Cross-examined. Q. Can you state whether, during that meeting, the prisoner was not ordered out of the room once or more than once. A. He always went out till a sufficient number of commissioners arrived—if they had any private conversation they would probably have that before they called in the collector—he would not be absent a quarter of an hour—he waited outside the door—I saw him when the door opened.
MR. PRENDERGAST. Q. No account was given of this payment on the 19th of June? A. No—the next day the prisoner should have accounted was on the 3d of July—this sum of Mr. Ramsden's was not accounted for at all by him on that day—there was a resolution made but he reported nothing—I believe he sent an account that he was ill—there is no report of his, and if he had attended I must have made it—the next meeting was on the 10th of July, he did not give any account of this sum from Mr. Ramsden then—he did not make any report of collecting that day—I conclude he did attend the Board—on the 17th of August he reported he had collected 54l. 15s. 3d.—no account was given at the Board of what amount was collected from each street, that was ascertained at a subsequent examination of the rate-book.
COURT. Q. At the time of giving in the account of 54l. 15s. 3d. did he give any items? A. No; only the different streets in which it was colleted—I had almost invariably on a piece of paper the amounts of the different streets—those papers were never preserved after I entered the account on the minutes—the paper of that day is not produced—it was word for word and letter for letter the same as I have entered—here is my entry, 8l. 13s. 8d., collected from the Road side—that is where Mr. Ramsden's is.
Q. How do you know that 1l. 5s. was not included in that? how did he make up that sum of 8l. 13s. 8d.? can you point out of what it was composed? A. I cannot—no account was given of it—he has not charged himself
with that sum in the rate-book, and the subsequent collector found it was paid—I have gone through the prisoner's account, and find he had not charged himself with it—he has not put that sum in the paid column in the rate-book—he produced his own vouchers, and gave his own account of what he received at a Board held on the 19th of Feb., 1847—the minute is, "The collector reported that since the last Board 3l. 8s. had been received from the Roadside, but not paid in; the collector not being prepared, the Board proceeded to examine the books by the various sums stated"—294l. 3s. 4 1/2 d. it appeared had been paid, and it appeared he had paid in a sum which left a deficiency of 6l. odd.
MR. PRENDERGAST. Q. You find that he had paid into the banker's 288l. odd? A. Yes, and neither of these sums were included in it—I have been present at every meeting at which he professed to give an account—I have the account for the year 1845—the year 1846 has not been examined further than from his vouchers—it was taken from his vouchers in his presence, and that ought to have included sums—supposing he received these sums, it was his duty to tear off the receipt in this book of receipts, (looking at it,) and leave on the margin an account of it—his doing it in any other way would be considered irregular, and would excite suspicion—I can find no margins of the receipts of Mr. Archer and Mr. Ramsden—instead of leaving the margins, the whole of them must have been torn out—I have endeavoured to compare Mr. Archer's and Mr. Ramsden's receipts with the margins in the book—I find there are no margins corresponding with those receipts—the margins of various receipts were produced by the prisoner at our Board, and the account was taken from them—supposing the margins to be torn from the book, we had no other mode of finding what he had received except from accidental discovery—I have compared these receipts with all the margins he had produced.
MR. COOPER Q. Do you find Mr. Wentwoth's on one of these margins? A. I find it not to Christmas, but to Midsummer—I was present at the last meeting, when the prisoner was there—he said the time was very short, and he was not ready—the usual time for the audit meeting was sometime between Feb. and July—the time of the audit depends on the state of the collector's account—it is not at any particular time—the prisoner was in the room all the time his accounts were audited—I think about two hours—there was no other business going on during that time—he was on one side of the table, with his books—he said he wanted time, he was not ready—I have known him thirteen years—he has borne a high character—I have had respect for him, quite as much as any neighbouring tradesman.
COURT. Q. On his paying he did not go into the items of the different accounts? A. He did not till lately, when suspicion was entertained that he was not doing right—the streets were stated, but not the individuals, so there was no account of the several items of which the account was composed till a very recent period—one of these sums is on the 25th of May, another on the 19th of June, and another on the 7th of August—on any of these occasions, or at the meetings closest to these, there were no item lists of the names of the persons—there was an account given of arrears at the ordinary meetings—he had the rate-book there every meeting—he could have been asked how he made up the sums for a street—if he paid over a larger sum than was in the book, he might have paid in these—I did not check the large book by the receipts—they were examined in my presence, by two or more of the commissioners, at each of the meetings which have taken place within the last six moths or so—in August last, and previous to that, no account was taken, except at the annual audit.
MR. PRENDERGAST. Q. What do you find on the 5th June last? A. He returned Mr. Archer deficient 18s., and he has never accounted for that—the
sums we received from the prisoner are all accounted for by payments of which he gave an account—he gave an account of all the sums he professed to have received—they account for all the sums marked on the rate-✗ book, and no other—there is an account which can include these sums, and there is an account which does not include them—he has paid over no other sums than those entered in the rate-book—these checks and margins are in his possession from the time he gets the rate-book till he gives it up, having finished it.
COURT. Q. Will you tell me what sum was accounted for as received on the 5th of June, 1846? A. 192l. 9s. 9d.—there were nine items included in that—so much for the Road side, and other places, but I have no account of the persons names—I only gather that from the rate-book—I find the rate-book has been made to tally with the sums he stated as received—he has made a minute of the sums he charged himself with.
NOT GUILTY .
MR. PRENDERGAST. conducted the Prosecution.
JOHN DAVIS . I act for the Committee of the estate of Mr. Barnes✗ lunatic. The prisoner has been in the habit of calling on me for the rates—I paid him a check for this sum of 10l. 18s., and received this receipt from him on the 28th of Oct., 1846—a portion of this property is in Greyhound-lane✗, and the other portion in Charlotte-street—on the 12th of Feb., 1847, he called on me, and received the same amount for rates up to Christmas—this is the receipt he gave me—I paid it about ten or eleven o'clock.
Cross-examined by MR. COOPER. Q. This was the payment for two quarters? A. Yes, the rates are collected half-yearly.
GEROME GALLAVAN I supply stamped forms of receipts for the Commissioners of Whitechapel. I supplied this book—(looking at me.)—it then✗ contained fifteen stamped receipts—it now contains a number of margins, and a few receipts are left—here are thirteen in all, so that for two of them that were here, there are no receipts or margins left—the book is not in the same state as it was when it left me—it has been re-stitched outside—there were no stitches outside before—every trace of the other leaves has been clearly taken out.
Cross-examined. Q. That is if it had been properly made at first? A. I made it myself—I look at every sheet before they leave my shop.
DAVID JENNINGS . This is the book of receipts the prisoner grave up to the Board on his dismissal—it is in the same state in which he gave it up—on the 30th of Oct. the prisoner came before the Board—he accounted for 3l. 5s. 6d. received from Greyhound-lane and Thomas-street, which is all one district; and from Charlotte-street, 1l. 5s. 6d.—he stated that that was all he had received—on every occasion the question was asked him, "Is that all you have received," and he said, "Yes"—the money he received from Mr. Davis was 4l. 9s. 6d.; for Thomas-street and Greyhound-lane; and for Charlotte-street 5l. 18s. 6d., and the sums he stated he received, are not sufficient to pay for them—he stated he received for Charlotte-street, 1l. 5s. 6d.; and 15s. 6d.; was from Gillard, and 10s. from Gorman; for Greyhound-lane and Thomas-street, he paid in 3l. 5s. 6d.; and he stated it to be 18s. of Thomas Hall, 1l. 5s. of Bowden, and 1l. 2s. 6d.; of Fox—none of them relate to the Committee of Barnes's estate—on the 12th of Feb. he accounted for money received from Charlotte-street, 6l. 7s. 6d.;—he accounted for it thus; 9s. of
Terry, and 5l. 18s. 6d. of Barnes; and in Thomas-street and Greyhound-lane, 4l. 9s. 6d., on account of Mr. Barnes, up to Midsummer—he was asked why he had no received the whole amount from Barnes's estate, and he said he could only get it up to Midsummer—he was told the Board was well aware that if he had applied, he would have got one sum as well as another; and the whole as well as half—he came in shortly after the beginning of the Board—at six o'clock.
COURT. Q. Then he took much, and accounted for too little? A. Yes, he took 10s. too much, and accounted for 10l. 8s. too little.
Cross-examined. Q. He accounted to you for all the rates that were due? A. No, he accounted for 10l. 8l., as due up to Midsummer, not up to Christmas—the account for 1845 was audited on the 1st of August—when the prisoner came before us in Feb., he said he was not prepared with his audit—that audit was for the year ending at the Christmas previous—there is but one audit in the year—that is generally held as soon as convenient.
COURT. Q. Do you find he has entered the Midsummer and Christmas rates in the rate-book, or only one? A. They are entered as paid to Midsummer, and not paid to Christmas—the Christmas column is not filled up—the Midsummer column is.
MR. PRENDERGAST. Q. Here is the margin for only one of these receipts in this book? A. Yes—the receipt for Midsummer does not correspond with the margin, but the receipt for the Christmas-rate exactly corresponds with the margin filled up to Midsummer.
COURT. Q. Then he was making a false entry on the margin, acknowledging it to Midsummer, and not acknowledging it to Christmas? A. Yes—the Board met on the 12th of Feb., as soon after six o'clock, as a sufficient number of commissioners came to make a Board.
MR. COOPER. Q. He had c certain amount to collect? A. Yes—I could know the amount of the rate by putting the sums together—he was not to pay it except he received it—he had given sureties for the due performance of his office—I think it was to the amount of 300l.
WILLIAM LORD TUCKER . On the 19th of Dec. I paid the prisoner 1l. 1s. 3d. for rates for my house, No. 5, Gloucester-street, Whitechapel—this is the receipt—(read—"Received, 19th Dec, 1846, 1l. 1s. 3d. for two quarters'-rates, due at Midsummer last.—J. PRICE."
Cross-examined. Q. Is this the last rate you paid? A. I cannot tell—I paid this to the prisoner—I sometimes pay rates when they are applied for, and sometimes not—I believe my rate has never run over twelve months.
DAVID JENNINGS re-examined. Mr. Tucker's house is in the New-road. The prisoner attended the Board on the 8th of Jan., and made a report of what he had received since the last Board on the 11th of Dec.—hedid not account at all on the 8th of Jan. for any sun of money received from Mr. Tucker, or for any sum fromt he New-road—there are sums of money received from six other districts, but nothing from the New-road—he has never accounted for that.
Cross-examined. Q. That was when he attended and was examined as to those matters? A. No Sir—on the 8th of Jan. there was no examination—the writing in this book is partly mine and partly my clerk's, written in my presence, and seen by me.
(The prisoner received a good character.)
GUILTY. Aged 41.—recommended to mercy by Mr. Wallis.— Confined One Year.
(There were three other indictments against the prisoner.)
MR. ROBINSON conducted the Prosecution.
GEORGE BAKER . I am a flour factor, and reside in King's-road, Chelses✗ About the middle of April I had a horse and chaise to sell—the prisoner called at my house about it on the 15th or 16th of April—he said he knew a lady near the Regent's-park who wished to buy a pony and chaise, and he wished to see mine—he said it was just the thing she wanted, and he made as✗ appointment to come down on the Saturday to bring the lady—I waited at home on the Saturday, but he did not come—I went out, and left word that if the lady came they were not to take less than 25l.—when I came home the pony and chaise were gone—on that occasion it was brought back again—on Wednesday, the 21st of April, the prisoner came and said he had seen a gentleman who wanted to buy a horse, but he knew a pony would suit him purpose well, and he would call the next day—he did call, and said it was an independent gentleman living at Walham-green—I said I was particular in selling it to a person who would take care of it, as we had had it some time—he said it was a gentleman living on his property, only him and his wife—I said, "Bring the gentleman to me"—he said he would not like the trouble—I said, "We must not mind trouble"—he said, "Will you let me take the pony and chaise and show the gentleman, and I will bring him back to you"—he went with it—he said, "Shall you be at home?"—I said, "Yes, I will wait at home till you come; how long shall you be?"—he said, "I shall not be gone above an hour"—I waited till half-past six o'clock, when he came driving up with a large horse and chaise—he said, "I have got a young horse, will you go down with me and see the gentleman'—I said, "I will not get up to risk my neck and I asked him what he had done with my horse and chaise—he said, "I have left it with the gentleman; he likes it very well, and will give you 23l., for it"—I said, "I would not sell it for any such money, that you knew, and I never gave you authority to sell it"—he said, "I will go and bring it back"—he went, and I sat up till between one and two o'clock in the morning—he never returned—I found my pony and chaise at Mr. Portlock's, who keeps the Red Lion at Walham-green, a sort of third rate public-house—I should not call him an independent gentleman.
Cross-examined by MR. PARRY. Q. I think you say this pony had been taken away once in your absence? A. Yes, by the prisoner, and he brought it back in the afternoon—the prisoner said that Silvester told him I had a pony and chaise for sale—I do not know where the prisoner took the pony and chaise to the first time he had it—I went out about twelve o'clock that day, and returned about three o'clock—that was on Saturday, the 17th of April—I might have seen the prisoner two or three times between that Saturday and the day he took it to Walham-green—he brought a deaf and dumb gentleman one day—he might be there about a quarter of an hour—he looked at it and went away—it was on Thursday, the 22nd of April, the prisoner took it to Walham-green.
Q. If he had sold the pony and chaise for 25l. you would not have objected? A. I do not know what I should have done—I did not tell him to sell it for that—he was to bring the gentleman back to me—he was going there to show it to the gentleman—he said if I would allow him he would bring the gentleman back—supposing he had brought the 25l. I do not know that I should have taken it—I do not think I should have taken it, but I had no chance—I never authorized him to sell it—I wished to see the gentleman—I
was very cautious as to whose possession my pony and chaise got to—the prisoner said it was an independent man retired from business, and my pony and chaise would be well taken care of—I told him to bring my pony and chaise back—I did not say anything about 25l.—I told him to tell the gentleman I would not take less then 25l.—he was to bring the gentleman back, and the pony and chaise, and I was surprised at his leaving at behind—he had the pony and chaise between eleven and twelve o'clock, and he came back between six seven o'clock—he asked me to go to see the gentleman, and I refused—I had told him I would not take less then 25l.—when he came back I told him to go and fetch it back—he had no authority to leave it—Walhem-green is a mile and a quarter, or a mile and a balf from Chelsea—when the prisoner came to me that morning, between eleven and twelve o'clock, he was very sober—when he came in the evening he was in liquor, or appeared to be so—I could not tell whether he know what he was going—there was no knowing how he was.
MR. ROBINSON. Q. How long had the pony? A. Between four and five years—it was a favourite—I would not sell it till I knew whose hands it came into—that was the principal thing to know where it was going—whether the prisoner was drunk or not, he said the gentleman would not give more then 23l.—I have never received a farthing.
----GILLINGHAM. I am veterinary surgeon. I was at Chelsea on the 22nd of April, about one o'clock, and saw the prisoner at the Cadagon Arms—he had a pony and chaise with him—he offered me them for sale for 20l.—I offered him 8l. at first, and ultimatly offered him 10l., which he agreed to take—I afterwards had some doubts, and wanted to be off my bargain—I told him I thought the lot was not very cheap—he said, "You can do as you like"—I said I would not have it, and I think I paid for some sherry to be off the bargain.
Cross-examined. Q. How long have you been a veterinary surgeon? A. Since 1838—I have been residing in Chelsea about five years—when I offered 10l. I thought that was as much as the pony and chaise were worth—I thought they were not worth that—that was the principal objection I had—he told me they belonged to a gentleman, and he had them to sell—he has frequently brought horses to me.
JAMES PORTLOCK . I am a licensed victualler, and live at Fulham. on the 22nd of April, between three and four o'lock in the afternoon, I saw the prisoner—he had a pony and chaise, and Mr. Fellows was in company with him—the prisoner said, "I have a pony and chaise to sell for a gentleman who discharged his servant about four months ago, and he has no further use for it, and, with a little attention, I think it would answer a person's purpose"—I said, "I have no more occasion for a pony and chaise then a cat has for a side-pocket"—I did not buy it then, but I ultimately bid him 10l. for it—(he asked me 15l.)—when he was going away he said, "Give me 4l. more, you shall have it"—I said, "No, I offered you 10l."—he said, "Give me 1l. more"—I bought it, and paid him 11l. for it—it was between seven and eight o'clock in the evening when I bought it, or nearly eight—he had gone away and returned again before that.
Cross-examined. Q. Did Mr. Fellows take any part in the bargain? A. No—I should say he is a respectable person, by the house which he keeps, and I eousidered the prisoner was so by what I knew of him prior to this—he was in the habit of putting up at my house six years ago, when he was driving for a Lord—I have known him, off and on, these six years, appearing very respectable—I never know anything against him—if I had would not have dealt with him—he came to me first between three and four o'clock in the
afternoon—he then returned back to Chelsea, I believe—he said he would go and tell the gentleman what I bid—he said, "You shall have it for 4l. more and I will go and bring the gentleman down to you"—when he returned he was a little fresh—he was not drunk—he was perfectly sensible—he offered to take a donkey of mine in exchange, but I considered my donkey more valuable than the pony—I think I gave within 2l. of the value of the pony and chaise—I have had good judges to examine it, and the most value I have had put on it was 14l.—the average value has been from 8l. to 14l.
MR. ROBINSON. Q. For the pony, and chaise, and harness, you paid 11l., and hoped to turn a pound by them? A. Yes, a pound or two—I knew the prisoner by his putting up horses there—I gave him a bed that night, and did not charge him for it.
COURT Q. What time was it you completed the bargain for 11l.? A. Just before eight o'clock—he has perfectly aware what he was about—we offered him 35l. for horse that he was to bring the next day—he knew what he was doing when I bought the pony—I paid him 8l. in gold and 3l. in silver—he said, "I would rather have gold," and the foreman who is building the Catholic chapel was at my house, and said, "It will be handy for me," and he took 2l. of silver of the prisoner—the prisoner took 1l.'s worth, and said, that would be of no consequence.
EDWARD LYNE . I am a officer. I took the prisoner—I told him he was a prisoner—he said, "Yes, I know about the pony and chaise"—in going to the station he said, "Mr. Baker told me to sell the pony and chaise, and I did so"—at the station he said he did not know what he sold the pony and chaise for, nor what became of the money.
Cross-examined. Q. Did he say he was drunk at the time? A. In going to the station he said he had had a glass too much, that he was thrown out of the chaise and the horse kicked him, and somebody robbed him of the money, or he lost it—he did not say that at the time he sold it he was in liquor—hesaid he was afterwards the worse for liquor—I took him at the Black Lion public-house, in Church-street, Chelsea, about a quarter of a mile from Mr. Baker's
WILLIAM WALKER . I am a law-student. I saw this pony and chaise—I am rather a judge of these things—I have had a few—I took this out on Wednesday, the 21st of April, to show a friend—my friend had purchased one, and I wanted one myself—I said to Mr. Baker, "What is the price of this? "—he said, 27l.—I said I was not disposed to pay 27l., but I had showed it to some friends, and I offered him a bill for 27l. at six weeks' date—I told him before he took the bill I would give him respectable references—I was to call on Friday for an answer.
Cross-examined. Q. Are you a horse-dealer? A. No—I have served my articles as a law-student—my name, is down on the notice for the next examination—I am rather a judge of horses—I have had two or three.
GUILTY . Aged 37.— Confined One Year.
THIRD COURT.—Monday, May 17, 1847.
PRESENT.—Sir JOHN PIRIE, Knt.; THOMAS WOOD, Esq., and WILLIAM HUNTER, Esq., Aldermen; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq.
JOHN UNWIN . I live in Castle-street, Finsbury. On 12th May, about one o'clock in the afternoon, I was in Fleet-street, and saw the prisoner Donovan take a handkerchief from a gentleman's pocket—Carthy was with him, behind him—he put it into his breast-pocket, and they both ran across the road—I told the gentleman—we ran after them and caught them.
HENRY PONSFORD . I am a solicitor, and live at Southampton-buildings. On the afternoon of 12th May I was in Fleet-street—Unwin spoke to me—I missed my handkerchief, and followed the prisoners—I found the handkerchief in Donovan's left breast—this produced is it.
Carthy's Defence. I was going down Fleet-street; the man came and collared me, and said I was with Donovan.
DONOVAN— GUILTY .*— Confined Twelve Months.
CARTHY— NOT GUILTY
PURMAN pleaded GUILTY . Aged 15.— Transported for Seven Years.
ELIZABETH BOYCE . I am the wife of Francis Scott Boyce, butcher, of High-street, Hoxton. I saw a leg of pork on the show-board a short time before it was taken—I have seen it since, and am sure it is the same—it is my husband's properety.
THOMAS ZINZAN (policeman.) On 16th, about half-past nine o'clock in the evening, I saw the prisoners in company near Mr. Boyce's shop—I watched, and saw Purman go up to the show-board, take the pork, roll it up in his apron, and give it to Page to carry—Purman ran into the next street and Page after him.
PAGE— GUILTY .** Aged 17.— Confined Six Months.
ELIZA ANN KEARLEY . I am the wife of George Kearley, of Devonshrre-street, New North-road. On Friday, 23rd April, about half-past twelve o'clock, I sent my little girl, Eliza Kearley, on an errand—I gave her a purse with a fourpenny piece in it—it was in her hand—the prisoner and the little girl were brought back by a policeman—the child said, in the prisoner's presence, that he had taken the purse away from her—she went up to the prisoner, pointed at him, and said, "That is the man that took it"—he said it was not him that took it.
WILLIAM FREDERICK ROBERTS . I am nine years old, and live with my father, Edwin Roberts. On Friday morning I was nursing a baby, my sister, in Wimborne-street, and saw Eliza Kearley—I did not know her before—she had a purse in her hand—the prisoner came, snatched it out of her hand, and ran away—I am quite sure he is the man—I saw him stopped by Mr. Blackman.
GEORGE BLACKMAN . I was in Wimborne-street, I heard a cry of "Stop thief," and I saw the prisoner running, made over towards him, and stopped—a trades-man in the neighbourhood, whom I know, was at the other end of the street, and said, "Hold him tight"—I said to the prisoner, "What is it all about?"—he said, "I do not know"—I held him—the little girl came up, and said, "Give me my money"—I said, "Is it in a bag?"—she said, "No, it is in a purse"—I asked him if he took it—he said he knew nothing about it.
JAMES HAWKINS . (Policeman 181.) I produce a certificate of the prisoner's former conviction—(read—Convicted Jan., 1847, and confined three months—I was present at the trial—the prisoner is the person.
GUILTY . Aged 18.— Transported for Seven Years.
HENRY THORN . I was a publican at the time in question—on 14th April, about twenty minutes to twelve o'clock, I was walking in Whitechapel road with my wife—she stepped back three or four yards to look at some thing in a window—I turned to see if she was coming, and saw the prisoner in the act of putting my handkerchief into his breeches-pocket—it had been in my right hand coat-pocket—I laid hold of him, and took it out of him pocket—he asked for forgiveness—my wife asked him what he did it for—he said because he wanted bread, and that it was the first time he had been guilty of such a thing.
Prisoner's Defence. I am very sorry for it.
conviction—(read—Convicted Sept., 1846 and confined six months, six week solitary)—I was present at the trial—he is the person—he was also convicted in Nov., 1845, and confined three months—I was present at that trial.
GUILTY . Aged 16.— Transported for seven Years.
HARRIET BURGESS . I am in the service of Aaron Smith, of Devonshirterrace,✗ Camden-town—these two petticoats are my mistress's—I saw then safe at seven o'clock on 16th April, hanging in the garden to dry—I missed them between eight and nine the same evening.
Prisoner. Q. Did you see me near the place? A. No—I had never seen you till I saw you at the station.
GEORGE FINNIGAN . I am shopman to Mr. Griffith, a pawnbroker, of Somer's-town. On 19th April, in the afternoon, the prisoner came with another person, placed these petticoats on the counter, and asked 3s. 6d. on them—I knew her before—previous to her coming I had received information of the robbery—I looked at the petticoat, and the mark corresponded with the description the policeman had given me—I left the prisoner and the other woman in the shop, and went to the station—when I came back the other girl had ran away.
JOHN WATKINS (policeman.) I received the prisoner in charge—she said if she had known they had been stolen she should have ran away the same as the other—that she met a woman who asked her to go with her to pawn them.
The prisoner put in a written defence, stating (that she met a female whom she had seen two or three times before, who asked her to walk with her to the pawnbroker's; that the woman gave the property to the pawnbroker; while they waited the woman went to the door as she thought to look at something; that the shopman asked where she was, and prisoner said "At the door;" that the shopman went to the door and found the woman was gone.)
1249. WILLIAM KING and THOMAS BAILEY were indicted for breaking and entering the dwelling-house of Robert Linsey, at St. Leonard, Shoreditch, and stealing therein 66 rings, value 8l. 10s.; 4 brooches, 1l.; and 16 breast-pins, 8l. 10s.; his goods; and that Bailey had before been convicted of felony: to which
KING pleaded GUILTY . Aged 22.— Transported for Ten Years.
ROBERT LINSEY . I am a jeweler, and live in Crown-street, Finsbury. On the 10th of April, about four o'clock in the afternoon, I left my house perfectly safe—the window was perfectly sound—the shop door was away about a quarter of an hour—I was sent for, came back and found the shop window had been broken, and a quantity of jewellery extracted—the glass was broken, not the frame—I missed two small cards of wedding-rings, one containing twenty, and the other I think sixteen, rings and a card of gilt rings, four brooches, two diamond and one carbuncle pin, and about eleven others—the prisoners were in custody then—I was sent for to the station to identify some of the property—I found the prisoner King in custody—I know nothing of the prisoners—I occupy the house—it is in the parish of St. Leonard, Shoreditch.
Cross-examined by MR. ROBINSON. Q. Have you a partner? A. No, I have no other names—Bailey was not taken for nine or ten days.
RICHARD ROBERTS . I live in Pallet-street, Willow-walk, Shoreditch. On the 10th of April, about four o'clock, I was going along Crown-street, Finsbury, and saw King and somebody else with him, about the same height and size as Bailey, but I cannot swear to him—I did not see his face—they both went to Mr. Linsey's window—one of them, I am not certain which, put his arm in and pulled out something white—I did not see what he did with it—they both walked away very fast, as far as the pawnbroker's—they did not go into the pawnbroker's—I went and told Mr. Linsey—I picked up two brooches and a seal, and gave them to him.
CHARLES HIMES . I live with Daniel Walton, a silk-merchant. On the 10th of April I was near Mr. Linsey's window, and saw the prisoners—I swear to them—I saw King put his arm into the window, take out a card of rings, and put it under his coat—Bailey then put his arm in and took some thing out—I cannot tell what it was—they were both together—they looked to see if there was anybody coming, then walked as far as the pawnbroker's, then turned their heads, and saw Mr. Hale coming after them—that was all I saw
Cross-examined. Q. You did not see Bailey for ten days afterwards? A. No.
RALPH HENRY HALE . I am in the employment of Messrs. Whitbread's, brewers, and live at 51, Chiswell-street. On the 10th of April, about four o'clock, I was coming up Crown-street, and saw the prisoner King folding up a card of gold rings—I do not swear positively to Bailey, but think he was standing close by—I went past about a yard and a half, and saw Mr. Linsey's window was cut—I turned round, and saw them walking very fast—they began running—I ram after them—I caught him—he threw the rings over a wall—I picked up one ring—Mr. Morley came out, said he had found the rings, and produced them—the other prisoner ran into Clifton-street.
Cross-examined. Q. Where were you standing when you first saw them A. Within tow yards of them, facing them.
THOMAS WILLIAM MORLEY . I live in King's Head-court, Finsbury. On the 10th of April, in the afternoon, I was coming from my house, which is about the eighth of a mile from Mr. Linsey's—I was crossing a small open yard, saw two rings lying on the stones, and picked them up—I then saw the card of rings lying on the stones—this is it—(produced)—I saw Hale coming over into the yard—I sent for a policeman, and gave him the rings.
JOHN JENKINSON (policeman.) On the 22nd of April, at half-past six in the morning, I went to a house in the Vinegar-ground, and found Bailey in bed—I told him I wanted him—he did not ask what for—he got up, dressed himself, and I took him to the station—I found this wire on him.
GUILTY . Aged 22.— Transported for Ten Years.
1250. VELENTINE GANLY was indicted for stealing 1 penny, 3 halfpence, and 2 farthings the monies of George Collis, from the person of Elizabeth Collis; and that he had been before convicted of felony.
ELIZABETH COLLIS . I am the wife of George Collis, of Clifton-street, Fitzroy-square. On the 6th May, about nine o'clock, I was with my mother in Tottenham-count-road, I felt something at my pocket and saw the prisoner draw his hand out—my pocket was turned inside out and my money gone—I called out, and followed the prisoner across the road—I called out, "Stop thief;" and he was stopped, I did not lose sight of him—I am sure be is the man—I had some halfpence in my pocket—that was all I had.
Prisoner's Defence. I passed the woman and she ran after me, and called stop thief; I bad nothing belonging to her, and did not touch her
GUILTY .(†) Aged 22.— Transported for Seven Years.
1251. ALLAN WEALE was indicted for stealing 1 handkerchief, value 1s.; 1 collar, 6d.; 1 habit shirt, 6d.; and 1 reel of cotton, 1d.; the goods of James Barnard, from the person of Lucy Barnard; and that he had been before convicted of felony.
LUCY BARNARD . My husband's name is James, he is a printer. On the 11th May, between three and four in the afternoon, I was on Holborn-hill, felt something at my pocket, I put my hand down, and caught hold of the prisoner's arm—his hand was in my pocket—I missed my handkerchief and a small parcel—the handkerchief was found on him, and the parcel was lying on the pavement, close to him—it contained a handkerchief, collar, and reel of cotton—these are them, they are my property.
Prisoner's Defence. It was not me that put my hand into her pocket; I picked the things up on the pavement.
GUILTY .(†) Aged 12.— Transported for Seven Years.
1252. WILLIAM DAVIS, DAVID HOLTON, JOHN KNIGHT , and WILLIAM HOLTON were indicted for stealing 1 pair of spectacles, value 4s.; the goods of James Whatmore; and that Davis had been before convicted of felony; to which
DAVIS pleaded GUILTY . Aged 19.— Transported for Seven Years.
CHARLES RANDALL . On the 3rd May, about eight o'clock in the evening, I saw the prisoners together, in Islington—David Holton and Knight went into Mr. Whatmor's, a confectioner's shop, in the Lower-road—the other two stood at a little distance, and passed the shop together—Davis then went into the shop, William Holton waited a little way off; after Davis had gone in a minute or two, David Holton and Knight came out, and directly afterwards Davis came out; they were joined directly by William Holton, and all four went them into custody—they got into Upper-street, and I and another constable took them into custody—I searched Davis at the station, and found a pair of spectacles on him—one of them, Davis I believe, said, "The spectacles will sell us."
THOMAS WITHERS (policeman.) I was watching with Randall—I saw all the prisoners in company—I saw Davis go into the shop, and David Holton and Knight come out followed by Davis in about half-a-minute—William Holton passed and repassed the shop while they were there—they joined, and all went away together—they were stopped and taken to the station.
SARAH WHATMORE . My husband's name is James—he keeps a confectioner's shop in Lower-street, Islington—these spectacles are mine—they were lying on my counter at a quarter past eight that evening—I did not know they were gone till I was told of it—I was looking about for them at the time.
William Holton's Defence. I know nothing at all about it.
DAVID HOLTON— GUILTY .(†) Aged 16.
KNIGHT— GUILTY . Aged 16.
WILLIAM HOLTON— NOT GUILTY .
Confined Six Months.
1253. WILLIAM HOLMES, JOHN KETCH , and JOSEPH BASTER. FIELD were indicted for stealing 1 sack, value, 2s. 6d.; and 2461bs. coals, 2s. 6d., the goods of Samuel Pocock and others, the masters of Holmes.
The coals being the property of Samuel Pocock and another, the prisoners were
MESSRS. CLARKSON and PARNELL conducted the prosecution.
Paddington—Wright was in my employ—it was his duty to make the bread in the night-time—there is a hole from the bakehouse into Brook. street, to let the heat out of the bakehouse—it is under the private door—on Thursday last, the 13th of May, the prisoner, Wright, came in a little before twelve o'clock—I had been in before, about nine o'clock—he was not there then—the second time I went he was in the shop—there was no other person there—you go through the kitchen into the bakehouse, which is about ten feet from the ground—the hole comes into the bakehouse—it is not possible that a person in Brook-street could put his hand in and get flour—the prisoner was employed from twelve o'clock at night till eight or nine next morning—he was the only person employed there, except my son, who is between fifteen and sixteen years old.
Cross-examined by MR. DOANE. How long had he been in your service? A. Nearly twelve months—I did not see him in the bakehouse at all that night, and I said nothing to him that the baking—I had a character with him—I knew his master very well—my son is not here—the hole is nearly on a level with the public-road—it is near the ground—the hole it self is eleven feet high—it is under the landing-stone of the private door, which is level with the top of the bakehouse—you could not very well throw anything down that hole from the outside—you could push anything down, it is fifteen inches long, and about six inches high—the bottom of the hole is near the pavement—when you are in the bakehouse the hole is at the top—it comes six inches above the level of the pavement—it is a horizontal hole.
LUCY FORTESCUE . I am the wife of the last witness. I recollect seeing the prisoner come to the house last Friday night about a quarter to twelve o'clock—he stayed in the shop about ten minutes settling the accounts, and then went down into the bakehouse—I saw him in the bakehouse about five minutes after he went down—it had then just gone twelve—my son was not in the bakehouse then—he was asleep in bed, in the kitchen—the prisoner was alone in the bakehouse—I stayed there about ten minutes, and left my son in bed, and Wright in the bakehouse—Wright came into the kitchen, and asked me for a cup—I told him there was one on the table.
JOHN SAWYER (police-constable D 49.) On Thursday night, the 13th of May, I was on duty in plain clothes, in Brook-street—I saw Wright go into his master's shop at about a quarter to twelve—the prisoner Charlsley, came out of Brook-mews, nearly opposite the shop, at about five minutes to twelve, he went and stood by the air-hole for about five minutes—he had nothing with him—I saw him come away from the air-hole—he had then a bag of flour—I followed him about a dozen yards, and then told him I was a policeman in plain clothes, and wished to see what he had got in the bundle—he threw it down on the pavement, and said I was quite welcome to see, and it was his own property—it contained flour—I told him I should take him to the station for stealing it—he said "You can take me if you like, it is my own property"—it was shown to Mr. Fortescue—there were sixteen pounds—there is a gas-lamp about three yards from the hole—next morning, about a quarter to none o'clock, Mr. Fortescue gave Wright into my custody for stealing a quantity of flour—he said, "For stealing flour, aye, that is a new thing"—when we got outside, up the area steps, he said, "I would not run away for double that quantity"—the quantity had not been mentioned then.
Prisoner Charlsley. Q. How do you know it was before twelve o'clock when you saw me? A. It was before twelve, I am positive—there was not flour in your possession when you first came up, wrapped up in a coat undernearth your arm—you did not place it down at the side of Mr. Fortescue's to case yourself.
MR. FORTESCUE re-examined. I have looked at the flour, as near as I can judge, it corresponds with the flour on my premises—I know nothing about the bag—my flour is kept in sacks.
Charlsley's Defence. The flour is mine—I had it in my possession—if the policeman spoke the truth, he would say I had it under my arm.
JURY to JOHN SAWYER. Q. Did you see him take sack? A. I saw him stoop down and take it out of the hole.
Prisoner Charlsley. Q. You said I had nothing—had not I an umbrella, and did not I leave it in your possession at the station-house? A. Yes.
(The prisoners received good characters.)
WRIGHT— GUILTY . Aged 29.— Confined Twelve Months.
CHARLSLEY— GUILTY . Aged 34.— Confined Six Months.
1255. GEORGE WARD and WILLIAM IZZARD were indicted for breaking and entering the shop of Thomas Lockington Banks, at Christ-church, and stealing therein 9lbs. weight of soap, value 3s. 9d.; 36lbs. weight of candles, 18s.; 3lbs. weight of tobacco, 13s.; and 1 1/2 lb. weight of cigars, 15s.; his goods; to which
IZZARD pleaded GUILTY. Aged 17.—Recommended to mercy by the Prosecutor.— Judgment Respited.
EDWARD MARTIN . I live with my father-in-law, Thomas Lockington Banks, in Middlesex-row, Spitalfields—he is a tallow-chandler—I am his shop-boy—nobody sleeps in the shop. On Saturday, the 1st of May, about eleven o'clock at night, I locked the shop up safe—I went next morning, the 2nd, and found it just as I had left it—I locked it up again safe about eleven, or half-past—I went there again next morning, the 3rd—the doors were safe, but the ceiling was broken through—there is no story over it—there was an opening made wide enough to admit a man's body—I examined the shop, missed 9lbs. of soap, 36lbs. of candles, 3lbs. of cigars, and 3lbs. of tobscco, which was safe when I left the house—they are my father-in-law's property—I went and told him, and gave information to the police—the goods have not been found.
WILLIAM LIPLEY . I am twelve years old, and live with my father and mother at Spitalfields-market. On Sunday afternoon, the 2nd of May, about four o'clock, I was going to climb up to the tiles of a shop to get my cap, which somebody had thrown up—just as I was going up I saw the prisoner Ward come down from the top of the tiles of Mr. Banks' shop, with this bundle in his hand—when he had got away, Izzard came out of the same place—he had nothing—I am quite sure of the prisoners—I knew Ward before—I did not tell Martin of this till Tuesday—I told a little boy in the market, and he went and told, and on Tuesday I told.
Prisoner Ward. Q. which way did you see me come down from the tiles? A. You came down the basket-way—I did not see what was in the bundle—it was about four o'clock.
Prisoner Ward. I have a witness to prove I was not in the market at that time.
SAMUEL GREEN (policeman.) I took Ward, and told him I wanted him for a robbery in the market—he said he knew nothing about it, he was innocent—I took him to the station—the prisoner Izzard came to the station next day, and said he wanted to make a statement—he did so—Ward was not present.
The Prisoner Ward called
JAMES MACKIE . I am a porter at Spitalfields-market—I have not plied regularly there since last summer, but have been working at Billingsgate—I ply in the market now. On Sunday afternoon, I cannot say the date, as I did not pay particular attention—it was the day this happened—it was last✗ Sunday fortnight—Ward was with me from three o'clock in the afternoon till between five and six—we went out or Spitalfields-market, took a walk down Whitechapel-road, and through Victoria-park, and I went home to tea—I am satisfied that we were together till five o'clock, if not till six—Fitzgerald was with us—I have known Ward since we were children together.
PATRICK FITZGERALD . I am a porter in Spitalfields-market, and live at No. 4, Butler-street, Tenter-grounds, Spitalfields. I know Ward—on this Sunday he and I, and Mackie, took a walk round Victoria-park—we begun walking at a quarter-past three o'clock—I was with Ward till six o'clock—we were walking all the time—we did not go into any pubic-house for refreshment—Ward was never near the place where these things were taken from—I left him in the market at six o'clock, and saw no more of him that night—I have known him for the last five years—he is a porter in the market.
(Joseph Edward Whittle, clerk of Spitalfields-market, and William Davis✗, potato salesman, of Spitalfields-market, gave Izzard a good character.)
WARD**— GUILTY . Aged 20. Transported for Seven Years.
ELIZABETH HAWKINS . I am servant to Mr. Richards, of no. 28, Parkcrescent. The prisoner was in the habit of bringing milk to my master's, from Mr. Windsor—on the 29th of March I paid her some money—she had brought the book on the 22nd—I paid her 11s. 8d.—she took the book away, and brought it back to me, receipted—I did not see her receipt it—this is it—(produced)—it is receipted.
CHARLES WINDSOR . I am a milman, and serve Mr. Richards' family with milk—the prisoner was my servant—she had to take out milk, receive the money, and bring it to me—she should account to me every day when it was paid—she did not account to me on the 29th of March, or since, for 11s. 8d. received from Mr. Richards—she left me on Easter Monday—she never paid me this money, or accounted for it.
JAMES BROWN (policeman.) On the 7th of May I took the prisoner, and told her she was charged with embezzling two bills on account of her master—she said it was the first time she had done such a thing—I took her to the station.
Prisoner's Defence. I lent half-a-crown out of the money coming along; I was determined to pay it on the Saturday, but I got very ill, and had to get a person to do my work.
GUILTY . Aged 29.— Confined Three Months.
Dock-wall—he was going towards Poplar—his hat was very awkwardly put on his head—I could see that he had got something in it, and asked what he had got in his had—he said, "Soda"—I asked what he had it for—he said, to wash his jacket and trowsers—I took it out of his hat—there were 4lbs. of it—on going to the station, he asked leave to make water—I allowed him to do so—close by that place there is a gate six feet high—I did not see what he did there.
Prisoner. Q. How far did you stand from me when I made water? A. I might have been six fee, I do not think it was more—I saw nothing else about you from the time I walked with you form the East India Docks till that time—I did not suspect you had got anything else.
ROBERT THOMPSON . I am a stoker, and live at No. 2, White Hart-place, Robin Hood-lane. I saw the prisoner in Dellar's custody—I saw him go to a watering-place, and put a small case over the gate—I picked it up and gave it to the policeman—this is it—(produced.)
Prisoner. Q. How far did you stand from me when you saw me threw it over the gate? A. About as far as I am from the door—I was standing below Belton's—I did not take notice whether you had anything about you at the time.
DAVID DOUGAL . I am an engineer, in the service of the Herne Bay Steam-boat Company—they have a shop on the outside of the East India Docks—the prisoner was employed there—his right time for leaving was seven o'clock—there was some soda in casks, in the shop, the property of the Company—I know David Halkett—he has no other name that I know of—he is one of the Directors of the Company—there are so such cases of white-lead as this produced, there—we do keep white-lead.
Prisoner. Q. Do you think it possible for me to take a case like that, and go up stairs, and fill it, without five or six men seeing me do it? A. It is very improbable, and I should think it would have been all over your hands.
Prisoner to HENRY DELLER. Q. How many hours was it before that box was brought to the station? A. I did not hear of it till nine o'clock, but the✗ policeman had had it some time then—he kept it in his possession some✗ hours—he is not here.
JURY to DAVID DOUGAL. Q. Would the prisoner be allowed to take any soda? A. We allow the men to take soda to wash their clothes, but it is not customary to take it home.
COURT. Q. He might, I suppose, if he could wash his clothes more conveniently at home? A. Yes.
NOT GUILTY .
JAMES DAVIS (City police-constable, No. 551.) On the 13th of May, at five o'clock in the afternoon, I was on duty in Aldgate, and saw the prisoners together, with another boy—Bryan put his hand into a gentleman's pocket, and drew a handkerchief out; and while he was doing that, Elhidge had his hands in his pockets, holding up his coat tails to cover him—I ran and took them, and hallooed✗ out to the gentleman—this is the handkerchief—(produced.)
through Aldgate—I did not know I had lost anything—I missed my handkerchief—this is it.
Elhidge's Defence. I know nothing about this boy, or about taking the handkerchief.
Bryant's Defence. Another boy took the handkerchief, and gave it to me.
ELHIDGE— GUILTY. Aged 10.—Strongly recommended to mercy by the Jury.— Confined One Month.
BRYANT*— GUILTY . Aged 12.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
SILAS TUCKER . I am a plumber and paper-hanger, and live in Cannon-street-road. I heard a noise in my shop, which induced me to go into it—I saw the prisoner there, and asked him what he wanted—he pretended to be drunk, and asked the price of some pieces of paper—I told him the price—he said he would call again—I kept looking out, and on Saturday, the 20th, at half-past nine o'clock in the morning, I heard the same noise again, I looked through a hole, and saw him in the shop, I saw him take a bundle of paper, put it on his shoulder, and walk off with it—I went out, followed him, saw a policeman, and let him follow him—he said I had better go back, and I gave it into his hands.
FREDERICK RUSSELL (policeman.) In consequence of information gives me by Mr. Tucker, I followed the prisoner, and saw him with a bundle on his back—I followed him into a lodging-house, No. 6, Plough-square, Whitechapel—he laid the bundle down, and was in the act of taking a piece out of the middle of it—Child asked him what he was going to do with it—he said he had brought it for the occupier of the house to look at—it contained thirtynine pieces of paper—he was taken to the station.
WILLIAM CHILD . I am a beadle. I took the prisoner into custody—I asked him where he had got the paper—he said at first that he had brought it from over the water—I said, "It is rather a curious way to come from over the water, up the Commercial-road"—he said, "It is no use telling lies about it, I have brought it out of Cannon-street, I did it through hunger."
GUILTY . Aged 20.— Confined Twelve Months.
(There was another indictment against the prisoner.)
MR. ROBINSON Conducted the Prosecution.
WILLIAM EVANS . I am a paper-stainer, and live at No. 173, Shoreditch. On the 23rd of March I gave certain directions for tying up pieces of paper ready for Thursday, which was the day after the fast-day—this paper produced is mine—it is a registered pattern—no one else can print it—we had never sold any of it in London before—there is a registered mark on it—the stamp is here which made that mark—I did not see it after it was packed—a policeman called on me in the following week, and asked me if I had lost any paper.
Cross-examined by MR. WILD. Q. When did you first get this paper? A. I think it came from the factory on Monday, the 22nd—we had a certain quantity came in—I cannot say how much, but we had twenty-four pieces
left on Monday—I have never seen any of this pattern in London—I sell paper myself, and so do several other persons in the establishment—I had not sold any subsequent to my receiving these papers from the factory—it is our travellers in the country who sell—my son sells sometimes in the establishment, and Clements, and Shepherd, and Benham—those are all—Clements is a porter—there is an errand-boy—there are about eight or ten persons altogether—there were several adjournments before the Magistrate, and the prisoner was let out on bail—I do not know that he lets out his house to lodgers—I only know what the policeman tells me.
MR. ROBINSON. Q. Do you know, of your own knowledge, that there was no paper of that pattern sold in London? A. Yes—I have examined the books—there was none sold previous to the 23rd.
JOSHUA CLEMENTS . I am in the employ of Mr. Evans—I know this paper—I packed them on the 23rd—I cannot say how long it is since there has been any of this kind in Mr. Evans' establishment—I know of some paper being sent to Wantage—on the 25th this paper was missed—a week afterwards I went with Child and Russell to the prisoner's house, at a barber's shop, in Whitechapel—the shop ceiling was covered with this pattern of paper—it appeared quite newly put up, and in a very untradesman-like manner.
Cross-examined. Q. How long have you been in the employment? A. Eight or nine years—I was not present when Mr. Evans gave his order to the person who makes the paper—I do not know what quantity Mr. Evans ordered—I am a porter—I do not keep the books or accounts—I sell sometimes—I do not know the amount of stock.
Cross-examined. Q. Are you the person in the manufacturer's employment? A. Mr. Evans is the manufacturer-nobody prints the paper but myself—I cannot tell how much I have printed of the same pattern.
FREDERICK RUSSELL (police-sergeant). On the 10th of April I followed Martin (the last prisoner) into the prisoner Sharpe's house, 6, Plough-court or Plough-square—when they had taken Martin away, the prisoner came over, and asked me what all this was about, and told me there was a man going to bring some paper, and told me if he was wanted he should be over in his other shop, meaning his barber's shop—nothing was said then as to who the house belonged to—Child returned in a short time, and the prisoner followed him from his other shop—I told him what it was about, and asked him if it was agreeable to him for us to search his house—he said, "No"—I waited below—Child and Sharpe went over the house, not the barber's shop, but the lodging-house—we found no paper there—Sharpe brought some paper down from No. 5, next to the lodging-house—that is not the barber's shop—I believe it his own house—when we got to the station I asked him whether he had any invoice or bill to show—he said he would answer that question somewhere else—the paper on the ceiling of the shop was of the same pattern as that produced.
Cross-examined. Q. Has he not two or three lodging-houses about there? A. He has got six lodging-houses which he lets out.
WILLIAM CHILD . I am beadle of Trinity-square, Tower-hill—followed Martin to the house—I had been there two or three minutes when Sharpe came into the lodging-house—I think it was No. 10—I said, "Do you know anything about this paper?"—he said, "No"—I said, "Are you going to buy it?"—he said, "No"—I said, "Have you get any mere?"—he said, "More what?"—I said, "More paper"—he said, "No"—I said, "As an
honest man, have you any objection to my searching your house?"—he said "Certainly not, go all over it"—I said, "You had better go with me; I do✗ not like to go by myself"—h went all over two houses with me—in the top✗ room of No. 6 we found a lot more pieces of paper—that was not the same✗ house that Martin was in, nor was it the barber's shop—I said, "Where did✗ you get this paper?"—he said, "That is my business"—three or four days after the Past✗-day. I went to the prisoner's shop, and saw some paper which was there of this pattern—it looked as if it was recently put up.
NOT GUILTY .
MR. DARNELL conducted the Prosecution.
RICHARD SILVESTER . I am in the employ of Mr. William George Harrison, tobacconist, Bucklersbury; the prisoner was in his employment. On Tuesday evening, the 5th of May, he left the premises about seven o'clock—I stopped him as he was leaving, and told him he had some property in his possession—he denied it—I insisted on having the property produced, and he opened a handkerchief which he had in his hand, and this leaf tobacco was in it—it weighs four ounces and a half—he went to the end of the room, and put it into a box in which there was stalk tobacco—that would not get mixed with leaf tobacco—on the following morning I took it out—prisoner asked me what I was going to do with it—I said, "What! you never want it again?"—he said, "No"—I gave it to the foreman.
Cross-examined by MR. PAYNE. Q. Is it any part of your office to inquire about tobacco? A. Yes, I am left in care of the room—if I suspect a person I can stop him—I let the prisoner go then—he came to work, as usual, next morning—he was summoned before the foreman, and he went—I believe he is twenty-two years of age—he has been married three years—he has no family that I know of—I was intimate with him—he made no attempt to escape.
MR. PARNELL. Q. You did not give him into custody till you had spoken to the foreman? A. No—when we search persons, we only search their clothes.
Cross-examined. Q. Tell us it yourself? A. Mr. Silvester stopped me and the prisoner, and said, "Have you got some tobacco about you?"—the prisoner said, "No," and threw it into the box—I know the prisoner—he is a very decent well-conduct young man.
THOMAS TRIGGS . I am foreman to Mr. Harrison. I received the tobacco from Silvester, and gave it to the constable—I was present when Mr. Harrison gave the prisoner into custody—he asked him if it was true that the tobacco which I held din my hand had been in his possession—he said he was very sorry for it, but there was not so much as was produced at that time—the value of it is about a half-a-crown.
Cross-examined. Q. Is there a usual allowance of tobacco made? A. Yes; to men like the prisoner there is mostly two ounces delivered to them weekly, but that is manufactured tobacco—the prisoner was sent for, and came directly.
JOHN LEONARD (City police-constable, No. 496.) I took the prisoner—this is the tobacco I got—the prisoner said there was more there than he had taken—I was before the Magistrate—the prisoner was asked if he wished to say anything—he said something, which was taken down—I know the Lord Mayor's writing—this is his signature—(read) "The prisoner says, 'I am mostly in the habit of taking my luncheon with me; I had eaten my luncheon, and forgotten it, and took, most unintentionally, a bit of leaf-tobacco, and did not know it was in my handkerchief.'"
(The prisoner received a good character.)
GUILTY. Strongly recommended to mercy by the Jury.— Confined One Month.
OLD COURT.— Tuesday, May 18th 1847.
PRESENT—Mr. RECORDER; Mr. Alderman WOOD; and Mr. Alderman MOON.
Second Jury, before Mr. Recorder.
BARRETT pleaded GUILTY . Aged 28.— Confined One Year.
CLARK pleaded GUILTY . Aged 28.— Confined Six Months.
1263. JOHN FREER, WILLAM MARTIN , and HENRY EAST , were indicted for stealing 240 bonnets, value 30l.; 31 dozen pairs of gloves, 30l.; 100 dozen pairs of stockings, 40l.; 30 dozen pairs of socks, 15l.; 30 parasols, 5l.; 12 frill fronts, 2l.; 15 pairs of stays, 20l.; 4 baby's hoods, 10s.; 2 feather flowers, 10s.; 300 yards of jaconet, 5l.; 300 yards of delaine, 1l.; 200 handkerchiefs, 5l.; 2000 yards of gimp, 5l.; 6lb. weight of cotton, 10s.; 30lbs. of thread, 5l.; 6lb. of reel-cotton, 10s.; 12 dozen cotton-reels, 3s.; 44 cards of hooks-and-eyes, 2l.; 80 yards of crape, 5l.; 4lbs. of pins, 1l.; 100 card-boards, 1l.; 100 yards of tape, 2l.; 1000 yards of printed cotton for dresses, 21l.; 200 yards of chints, 5l.; 180 yards of damask, 10l.; 159 yards of plaid silk, 10l.; 200 shawls, 10l.; 1 cask, 5s.; 50lbs. of candles, 2l.; 50lbs. of soap, 1l.; 30lbs. of chicory, 1l.; 1 hamper, 1s.; 10 boxes, 10s.; 14lb. of black-lead, 11s. 3d.; 100lbs. of starch, 2l. 17s. 10d.; 7lbs. of Epsom salts, 10s. 9d.; 7lbs. of Windsor soap, 7s.; 1000 yards of paper-hanging, 10l.; 20 yards of canvass, 20s.; 1000 boxes, 15l.; 13 maps, 1l.; 1000 yards of ribbon, 5l.; 1000 yards of wireribbon, 15s.; 1 dozen scarfs, 1l. 3s.; 25 yards of velvet, 10l.; 100 yards of cloth, 20l.; 4ozs. quinine, 1l. 14s.; 4lbs. 3ozs. of spirits of ammonia, 11s. 7d.; 4ozs. of oil of cloves, 3s. 8d.; 1oz. of henbane, 12s.; 1lb. of orriss root, 1s. 4d.; 3lbs. of colcynth, 3l.; 1lb. of quicksilver, 4s. 11d.; 121bs. of honey, 9s.; 1/4 oz. of otto of roses, 5s. 7d.; 6oz. of ergot kye, 1s. 3d.; 6ozs. of aromatic vinegar, 4s.; 6lbs. of muriatic acid, 2s. 7d.; 1 oz. of argent vitrse,✗ 4s.; 6lb. 2oz. chloride of lime, 2s. 7d.; 1oz. of phosphorus, 7d.; 12ozs. of potash, 3s., 11d.; 5lbs. of spirits of nitre, 14s.; 9ozs. of ether, 3s. 6d.; 72 pieces of honey-soap, 18s.; 1lb. of tinfoil, 2s. 4d.; 7lbs. of cocoa, 7s.; 3 bottles of British oils, 2s. 3d.; 14 bottles, 2s.; 1 saw, 6d.; 1 pot, 1d.; 10 trusses, 5s.; and 1000 sheets of paper, 5s.; the goods of James William Weaver and Benjamin Hicklin : and SAMUEL FREER , for receiving the same, well knowing them to have been stolen. and , JOHN CHERRY , JOSEPH TAYLOR , JOEL TAYLOR , CHARLES AUSTIN , for receiving certain portions of the said goods, well knowing them to have been stolen—Six other COUNTS, stating them to be the goods of the London and North Western Railway Company.—Four other COUNTS, varying the manner of the charge
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
JAMES COLLINGWOOD . I am in the employ of Messrs. Crowley and Co. carriers, who have a yard at the Salisbury Arms, King-street, Snow-hill. On Saturday, the 3rd of April, a quantity of hampers and packages were brought there to be forwarded by the London and North Western Railway—this wagon bill is in my handwriting—I made it out—the goods mentioned in it were✗ loaded in a van at the Salisbury Arms-yard on the 3rd of April—my brother✗ Thomas assisted me in loading it—it was Charles Lingwood's duty to take the van and goods, with the bill, to the railway—I gave the bill to him—Crowleys have a warehouse at the Camden-town station of the railway—the goods were covered over with a tarpauling, which was tied down with strings.
CHARLES LINGWOOD . I am in the employ of Crowley and Co. On the ✗ of April I took the van, packed by James Collingwood, to the Camden-town Station of the North Western Railway—I got there about half-past eleven the same night, and left it on the station adjoining our gate, inside the station, but outside the shed-gates where we work—Messrs. Sutton and Co. have it✗ warehouse adjoining—I received the wagon-bill with the goods, and gave it in at the warehouse at the Camden-town Station to the man in our employ—I left the van about half-past eleven in the in the same state as when I took it from Crowley's yard, the tarpauling fastened down.
Cross-examined by MR. DOANE. Q. You left it outside the station? A. On the station, but outside the door leading into the warehouse.
JOHN WILHINSON . I manage the business for Crowley and Co.—the firm is now James William Weaver and Benjamin Hicklin—they carry on business in the name of Crowley and Co.—on Easter Sunday morning, the 4th of April, about half-past eleven o'clock, I saw the van loaded with goods standing against the station door—I saw it again that Sunday evening at ten o'clock—it was quite safe then—in consequence of information, on Monday the 5th, about a quarter after three in the morning, I went to the van—the fore-part of it was then empty, and the sheets it was covered with were thrown back over the hind part of the van—some of the strings which had fastened it down had been untied, and some cut—on comparing the contents with the delivery-bill, I found that a great quantity of packages and hampers were gone—the goods ought not to have been unloaded at the station—the same van would have gone away on Monday morning, at six o'clock, to the Great Western Station, at Paddington—they were too late on Saturday night for the last train, and having no shed at the Great Western Station they were brought there for safety—they were not in the shed, but there were doors enclosing them, and policemen outside the gate, within twenty yards of the place, to prevent anything going out—on Sunday the 11th, about eight o'clock in the evening, I went to Cherry's house, asked for Young Cherry, but he was not at home—I left a message with his father—I have not had any conversation with Cherry since about the message.
Cross-examined by MR. DOANE. Q. Is not Cherry's father an extensive carrier? A. I have heard so—I should not suppose so from his appearance—I have seen some of his cards.
Crowley's van fastened down with a tarpauling—the last time I saw if safe was Monday morning, about twenty minutes past two—at a few minutes after three my attention was attracted to it—I found the tarpauling turned on one side, and several strings cut, and a quantity of goods gone—I gave information of it.
COURT. Q. Are you stationed to protect the property there? A. Yes, I was patrolling at the time along the station, seeing all the doors fast and the gates shut—it sometimes takes me an hour to go round, as there are so many lines—there may be about two hundred trucks at a time all loaded with goods—I have no time appointed to look at them—I go where I think proper—there is only one person on duty.
MR. HUDDLESTONE. Q. There are a great many lines there I believe? A. Yes, one train goes out at three o'clock in the morning—there are several policemen at the different stations, but I have to patrol the whole station—there may be eight or nine policemen altogether on duty at different places.
JOSEPH PAGE (a prisoner.) I was taken into custody for this robbery, and was sent to prison when the prisoners were finally committed—I was a carman or porter in the employment of Mr. Smith, a carrier, of the Old Bailey—I have know the prisoner East six or eight months—it is not twelve months—on Easter Sunday last, in the forenoon, I was in the fields near chalk-farm, and met the prisoners, John Freer and William Martin, with a man who used to work at Pickford's—I did not know his name—he had left Pickford's at the time—they left him as soon as they saw me, and in a few minutes Freer asked me if I would go up with him in the morning to the railway station to get some goods out—I understood what he meant—I did not make him an answer much, but turned round afterwards, and said, "Yes, I will"—he said it would be a very good chance, being Easter Sunday, the men would be out getting drunk, and therefore they would not come to work very early on Monday morning—J. Martin and John Freer went into the Hampstead-road as far as Hampstead-road bridge, and met East and Thomas Johnson—we all five went into the tap-room of the Buck's-head, which is kept by Holiday, and had some half-and-half—a little boy brought it into the tap-room—I afterwards saw that boy before the Magistrate—we went in there as soon as the house was open after Church—at one o'clock—we staid about half an hour—when we left, Henry East and John Freer told me to meet them at half-past two at the Southampton-arms—I went, and got there at ten minutes to three, and found East and Freer there—the house closed at three o'clock, and we came out—Martin came to us two or three minutes after three o'clock, after the house was closed—he was not let in—we were standing outside—an arrangement was made between us to meet that night at the Buck's-head, between eleven and twelve o'clock—Freer or East, I do not know which, said we were to meet there—and go and have some coffee, and go up early in the morning to Camden-town, the London and North Western Railway-station—Martin was present when that arrangement was made—he then left, and I went with Freer and East to a man in Charles-street, Goswell-street—Freer said that a man there would lend us a horse and cart to get some things out—I do not know the man's name—we got there about four o'clock in the afternoon—East went in, came out, and said this man would not let him have the horse, as nobody else could put the collar on but one of their own men, because he was a biter—we then went back to Camden-town, and parted company to meet again between eleven and twelve o'clock—I left my lodging, to keep the appointment, just before or after eleven—I lodge at No. 1, Harley-mews, Camden-town—a
young woman whom I keep company with, named Juffs, was with me—she is in the service of Mr. Rawlings, a butcher—she went with us to Holiday's—when I got there, Henry East and Johnson were there—we then went to Linev's Coffee-shop, at the corner of York-street, Camden-town—we got there after twelve o'clock—I, East, and Johnson went there—I did not notice Martin come in—I went to sleep after having some coffee—they awoke me up, and I there saw Martin there, with Freer, Johnson, and East—we were all five together—I had left the young woman—she did not accompany us to the coffee-shop—she stopped a very few minutes—after two o'clock we all five left together to go to the Camden-town Station—it was not far—we went straight there—we got there after two—we went in at the Oval-road-gate—it was wide open—we went right into the station—there were some persons about, but nobody noticed us—there was a van belonging to Crowley's standing outside their shed—Freer said, "Here is a van here; what are these, up goods or down?—I understood what that meant—the goods which are sent out of London are the most valuable—they are generally silks and other things; but things that come from Birmingham are generally hardware—they found that it was a down load, and then Martin and Johnson went and fetched a horse belonging to Sutton's, who has a shed at the station—I am not certain whether Sutton's is the next shed or not—I did not go with them to fetch the horse—I understand they went there—I know it was Sutton's horse they brought—we all assisted in putting the horse into one of Sutton's carts which stood outside, empty—we then all assisted in undoing the strings of the tarpauling, which was tied over the van—some were cut and some were untied—I, East, and Freer moved it from the front to the hind part of the van—we turned it over, and then moved the goods from the van into the cart—Martin and Johnson were standing close by, I do not know whether they were watching—they came back when the cart was loaded—Martin was dressed something as he is now, at the station, but in the afternoon he had another dress on—after the cart was loaded, Martin drove it out of the station—East, Freer, Johnson, and I followed the cart out—we got up against the Stanhope-arms—Johnson left as at the bottom of the Oval-road, and East, Freer, Martin, and I went with the cart to the Walworth-road—we stopped for a minute or two at Smith field, as you go down to Snow-hill—nothing was done with the goods there—we then went to the Walworth-road—I and Martin left at a few minutes after five, leaving Johnson, Freer, and East with the cart—we took a cab and wear away—East gave me 2s. to pay for the cab.
COURT. Q. Did you take any goods away with you? A. No—Martin paid for the cab—I and Martin went back to Camden-town and separated.
MR. HUDDLESTONE. Q. Did you receive information on the Tuesday following as to where the goods were? A. Yes, at least not to a certainty—I heard they were at Peckham or Camberwell; I do not know which—on Tuesday evening I went to Samuel Freer's house at Peckham—I do not know whether it is the sign of the Duck of York—I asked Samuel Freer where the goods were—he said he had got them down below underneath—while I was there John Freer and East came in—East told me he had got a man coming in the morning to buy the goods—this was between eight or nine o'clock—after waiting there I, East, and Freer went back to Camden-town—I made an arrangement with John Freer, to meet him next morning—I met him next morning, Wednesday, at the York and Albany, at the Regent's-park—we took a buss in Regent-street, and went to Samuel Freer's house at Peckham—East came in there, and asked if anybody had been there—Freer's said, "No"—East
then told John Freer to go to the Rosemary Branch at Peckham, where he had appointed to meet a man at eleven o'clock—John Freer went out and brought three men in with him, Charles Austin and two Jew men—I did not know their names—East, John and Samuel Freer, and I, were then in the skittle-ground—I, John Freer, East, Austin, and the two Jew men, went down into the cellar—Samuel Freer did not go down—the cellar is under ground—we were forced to have a candle—I saw a quantity of goods in the cellar, hales,✗ boxes, a hamper, casks and trusses—they had the appearance of being the same that I had assisted in removing—I had seen some of them on the cart—I could not swear to every one of them—we took and opened them—they contained cloth, calico, prints, rolls of jaconet, gloves, hosiery, stays, bonnets, a truss of stockings and hosiery, a hamper of drugs, I suppose—we could smell them—books, a small cask, (I do not know what was in that,) and parasols—after Austin and the two Jew men had looked them all over, Henry East asked them what they would give for them—one of the Jew men said 50l.—East said no, that would not do at all—they them went up to the bar-parlour and had some bread and cheese and ale—Samuel Freer was up stairs—then the same man that bid 50l. offered 5l. more, being 55l.—it was agreed that he was to have them—they were to come the same evening, at six o'clock, to fetch some of them away—Austin and the other two men came at six o'clock—Samuel Freer was out—they waited till he came home, about seven o'clock—they brought a light chaise-cart after he came home—I went into the tap room, and do not know who went into the cellar, but I could see through the window that they were putting some goods into the cart, but what goods they were I do not know, nor can I say who it was putting them in—there was a man sitting in the cart while they were putting them in—I should not know him again.
Q. Was Austin there? A. Yes—he came with the two men, at six o'clock—after they went away, East came into the tap-room and told me they had paid 20l. deposit.
COURT. Q. Did Austin go away with them? A. I did not see him again.
MR. HUDDLESTONE. Q. When was the rest of the money to come? A. The next day, when they fetched the rest of the goods away—East said so—I left between eight and nine o'clock—East and John Freer left with me—on the Friday night I met East at a public-house in Kentish-town-road—he told me the men had not been to fetch the rest of the goods away—meaning Austin and the other two men—he said Samuel Freer was frightened about having his house searched—I said, "There is a man lives in Aldersgate-street named Cherry; I dare say he will fetch the goods away"—he said, "A carman; I know that"—I and East agreed to meet next morning—on Saturday I met East and Freer—we went to Cherry's house—I and East walked down together—John Freer was behind us a little way—I went to Cherry's myself, and saw John Cherry—I had a sleeve waistcoat on, the same that I have on now—East had a velveteen jacket—he did not go with me to the stable—I saw John Cherry, and said, "Cherry"—he turned round and said, "Halloo! ain't somebody had a go in, or a haul," or something of that sort, "up your way?"—I said, "Yes, and we want you to fetch some of the things away"—he told me to go into the Rodney's Head, which is in Old-street, and he would come in as soon as he had washed his face—I went in there—he came after he had washed himself—East and Freer were there—East was talking to Cherry—I did not notice what he said—both me and East spoke to him about going over to Peckham—he went and fetched his cart before the door
of the Rodney's Head, and I, East, and Cherry went to Peckham in it—Cherry stopped with his cart at a beer-shop on the right hand side, down a road by the Rosemary Branch, and East went down to Samuel Freer's—Cherry stopped on the right hand side of the road, and I went on the left hand side—Samuel Freer's is not a quarter of a mile from the Rosemary Branch—East came back and gave me 2l.—that was to settle my employer's-book, as I had spent some of their money—I left East—I and Cherry walked down the road, and met John Freer—we all three went into the Rosemary Branch, and had a quartern and a half of gin—I afterwards went to Camden-town by myself—I was taken into custody that Saturday evening—on the Sunday morning I made a statement to Hilsden and Mr. Walker—I made the statement I have made to-day on the Sunday, before any of the prisoners were examined, or before I heard of a statement before the Magistrate, not the whole statement about what time we were to meet.
COURT. Q. What become of the cart which Cherry had? A. I did not see it go up to the house—I left Cherry and Freer at the Rosemary Branch—I mentioned the names of the same prisoners in my original account of the matter, and implicated them.
Cross-examined by MR. DOANE. Q. You say Cherry said, "have you had a haul?" who was it he said that to? A. To me—he said, had some one had a haul—he told me that—I was sworn before the Magistrate and gave the same evidence—it is the truth and nothing but the truth—the signatures to these three depositions are mine (looking at them—the depositions being read, contained no statement of Cherry's having said "have you had a haul?")
Cross-examined by MR. HORRY. Q. Why was it they took you into custody on Saturday night? A. Concerning this robbery, it was not for something else—a man named Leat had seen me, John Freer, and Henry East come home in a cab on Wednesday night—I believe that was how it happened—I did not say anything till the Sunday—I told who was in it, but not till I was takes—when I went into the field there were a few words passed before I was asked to go to Camden-town, but I did not take notice of them—I understood perfectly well what was meant—I said I would go, not reluctantly—I went of my own accord—I was just as ready to go and rob the station as they were—I had been spending some of my employer's money, and had the 2l. to make it up—what I spent I always made up myself—I always settled my book when I settled—I have not been charged before with a deficiency is my accounts—if I had not had the 2l., I should not have been able to have made the books up unless I had borrowed the money—I could have made it up with my wages and all—I was to have accounted for the 2l. on Saturday night—my wages are 1l. a-week—I was not 2l. deficient—I had not spent it all—I cannot say to a shilling or two—I might be 25s. deficient, but had not spent it all myself—I did not receive 1l. that Saturday night—I have never been in custody before.
Cross-examined by MR. PAYNE. Q. Do you Smiths the carriers? A. Yes, I work for them—I did not leave them till I was taken into custody—I do not recollect anything about a box of fish-hooks.
Q. Did people say you had stolen some cask of vinegar? A. I should not have done it if I had not been tempted to do it—I was not by myself—I did steal a cask of vinegar belonging to my master—East tempted me to do it—he had been with me two or three times—wanting me to take things.
Cross-examined by MR. O'BRIEN. Q. When was the cask of vinegar stolen? A. I dare say three months ago, that was not a circumstance to fix
it self on my memory—Freer said, "Will you go to the railway station and get something out"—I knew he meant me to commit an act of plunder—I live near the railway station, and am in the habit of going in and out with my master's cart—I had never seen Austin before to my knowledge, it was on Wednesday morning that I saw him with two Jews (I had not seen Martin before that to my knowledge, not to have conversation with him)—the goods were taken away from Peckham by the two Jews, between seven and eight o'clock—I saw a man in the cart—that was not Austin—it was at Samuel Freer's that the Jew man said he would give 50l.—I first saw them at Samuel Freer's—they were to meet at the Rosemary Branch—I saw them taking goods out, what they were I do not know—it was just between light and dark—I could see through the window.
MR. HUDDLESTONE. Q. Did your employers find out that you had stolen the vinegar? A. No, it was one Saturday night—I have not heard that they knew of it till now—I never had a charge made against me by my master about the vinegar.
Q. Then my learned friend must have got his information from his clients? A. Yes, I admit it at once.
GEORGE GLIDDLE . I live with Mr. Holiday, my father-in-law—keeps the Buck's Head public-house, Camden-town—I first heard of the robbery of Crowley's van on Easter Tuesday—on the Sunday before that I saw Page at the Buck's Head—there were five or six person there together—I saw Page say for certain—they came in at one o'clock when we opened the house—Henry East was there—I do not know any of the other prisoners—I did not notice anybody but East—they had two pots of half-and-half—they staid about half-an-hour, I should say, I am not quite certain—they were in the tap-room with Page and East.
LOUISA JUFFS . I keep company with Page—he lodges at my mother's house in Harley-mews—I had a sister named Rebecca, living as a servant at Camden-town—she has a sweetheart—I and my sister and her sweetheart, and Page, left the house on Easter Sunday night, about a quarter to eleven o'clock, and went with Page into Buck's Head—I saw East and a men named Johnson there—there were no other persons that I knew—they were in the tap-room when I went in—I went away soon after—I afterwards heard of the robbery at Messrs. Crowley's—it was the Sunday it happened that we went to the Buck's Head.
WM. LINEY . I keep a coffee-house in High-street, Camden-town—my house was open on Easter Sunday night—Page came in at very nearly one o'clock on the Monday morning—four person came in first, and one after-wards—there were five altogether—Page went to sleep—I saw Henry East there—left about two o'clock—the five were talking together but very little indeed—I did not give information to the police of what took place till they applied to me about a week after—it was after the examination at High-street—that was the first intimation I gave.
Cross-examined by MR. O'BRIEN. Q. Had you ever seen East before? A. Yes; I knew him by sight, but not by name.
MR. HUDDLESTON. Q. Are you sure he is the man? A. Yes; I noticed him most particularly; because when Page was asleep, he shoved him by the arms—three or four times I said, "d—it, Joe, do not go to sleep."
JAMES HILSDEN (police-constable S 42.) On Sunday, the 11th of April, I saw the prisoner Martin in company with a man named Jenkins, in Little George-street, Hampstead-road—I had previously taken Page in custody—he
had not made a statement then—he had mentioned names, but not in my presence—I said to Martin, "Here Martin, I want you for being concerned with Freer and Page in stealing a horse, cart, and a quantity of goods from the London and North Western Railway on last Monday morning"—he said, "Very well," and I took him to the station—I asked him if his name was not Martin—he said, "No"—I said, "Never mind"—I searched him and found 4s. 6d. in silver, 6d. in coppers, a tobacco-box, a small knife, four keys, and a ring on him—on the same day, I went with Sergeant Dubois into the Duke of York, at Peckham—Samuel Freer came out of the tap-room—Dubois said to him, "I have come to take you into custody for feloniously receiving a quantity of goods"—he said, "I know nothing about it, I have no goods here"—I went into the cellar, there was nothing there—I after wards went into a bed-room on the first floor, and found two silk dresses, two scarfs. four shawls, two pair of stays, two pair of stockings, one piece of crape, a piece of silk, a piece of merino, a piece of Irish linen, four silk hand-kerchiefs, a lawn handkerchief, a card of shirt-buttons, a table-cloth, parasol, some cap-wires, a card, a piece of cotton, and a smelling-bottle, which I pro-duce—I do not know that the parasol is nearly new—it has been produced at the police-office two or three times—it has been at the station-house ever since—Samuel Freer was present when I found the things in his house—I heard him say his wife had been a good saving women, and that she had them given to her—he spoke of the dresses—he said some lady living somewhere about Oxford-street gave them to her—I saw some packing-cases in a sack, in a sort of back-kitchen, broken up—I found a piece of wire run-ning through the wood where the hinge of the packing-case would be—pieces of packing-cases were shown to some persons at the High-street Police-court—I saw the ashes which were brought from the copper-hole—they were a kind of red ashes, as if wood and brown paper had been burnt—they are here now—it is a soft sort of ash—it is impossible to say whether they an the ashes of brown paper.
cross-examined by MR. PAYNE. Q. You saw Martin in company with Jenkins, and asked him if his name was Martin? he said No. A. Yes; I met with no obstruction at all at Freer's—he gave me the key of the cellar, and I went down—the drawers in the house were locked—I got the key on asking for it—I do not know that Mr. Freer lived in the service of the Bava-rian Ambassador—she said the things were given to her by somebody near Oxford-street—she claimed the things as hers—Mr. Stanley has said, he be-lived the shawls were of the description he lost, but nobody has sworn posi-tively to any of those things—one scarf has a mark on it, partly torn off, but there is no mark of ink on it.
HENRY WILLIAM DUBOIS . I am a police-sergeant of the N division. On Saturday night, the 10th of April, I went to John Freer's house, Grove-street, Camden-town, and saw him—I said I should take him in custody for commit-ting a robbery—he said, "what robbery"—I said, "The robbery that took place at the railway-station at Camden-town, on Easter Sunday last"—he said, "I know nothing about it, "I took him to the station—on the Sunday I went to Samuel Freer's—I told him I had come to take him for receiving goods—he said, "I know nothing about it, there have been no goods here"—in the kitchen we found some wood, parts of packing-cases—I have a sack full of it—it is broken all to pieces—(producing some pieces)—I found these ashes in the grate under the copper in the same kitchen—it is ashes of brown and white paper—there is none of it unconsumed—I went up to the bed-room, and found the articles of wearing apparel mentioned by Hilsden—I said I should take
away all the new goods I could find, unless he could prove, by the bills or otherwise, that he came by them honestly—he said "She is a very careful woman, I do not know what she has got," alluding to his wife—I produce a parcel of goods which I found in Freer's house; they are all new—the silk handkerchief they are wrapped in, I took out of one of the boxes—they are gloves, hosiery, and other articles—here is another bundle which I found in the same bed-room—some are quite new, and some of them have been washed—on Sunday night, the 11th of April, I went to Cherry's house, and saw John Cherry—I knew him as a carman—told him I was going to take him in charge—he said he knew nothing about it, that he was hired by two parties to go to Walworth, and that be should know them again, that one had a velveteen coat, and the other was a short man, with a sleeve-waistcoat—he said, "if you will get a cab, I will take you to the place"—I said, "I know the place, for I have just come from there"—he said, he should know the man who assisted to put the goods into his cart at the beer-shop—I said, "It was Samuel Freer"—he said, "I believe that is the name"—he said, "A tall man has been here this afternoon, and taken the goods away, and I do not know where to"—he also said, he was directed to take the goods to the corner of Old-street, and wait there—that he waited there a considerable time, and no person appearing, he took the goods into his own shed—he said that was on Saturday—I did not go to Austin's, I met him in Brick-lane, Old-street, went up to him, said I was an officer, and should take him in custody for receiving a quantity of stolen goods from Samuel Freer, of Peckham, which had been stolen from the railway-station at Camden-town he said, "I know nothing about it"—I took him to the station, searched him, found a watch, some duplicates, and 10l. in money on him—he told me he lived at 66, Fashion-street, City-road—I went there, and found two watches, several duplicates, a brooch, rings, and several articles, which I brought away—Taylor found other articles.
Cross-examined by MR. PAYNE. Q. What money did you find at Freer's house? A. 5l. 11s.—a good deal of it was small silver—there was gold and silver—I dare✗ say there were fourpenny pieces and sixpences—his wife gave me the keys of the drawers, which were locked.
Cross-examined by MR. DOANE. Q. When Cherry told you what the men were dressed in, did not he say "They were the porters who hired me to go to the beer-shop?" A. Yes, I know Cherry, and his father, who is in a very large business as a carman—he has carts and vans, I have seen several.
Cross-examined by MR. O'BRIEN. Q. What day was it you took Austin? A. On Tuesday the 13th, about half-past ten in the morning—I did not ask him his name—he gave me his address—I went there—I did not find his wife there, she was in custody—the wife and husband were together when I met them—she was discharged after searching the house—I found he lived where he gave his address—I do not know whether he was the housekeeper.
MR. HUDDLESTONE. Q. Did you see any appearance of trade or business carrying on? A. No, I do not know what he is—I had no knowledge of him before this transaction, only from hearsay.
JAMES TAYLOR . I am a constable of the Regent's Canal Company. On the 11th of April I went with Dubois to 10, Exeter-street, apprehended Henry East, and took him to the station at Albany-street—I told him I took him for a robbery—he said he knew nothing about it—I searched him, and found a knife, a five—shilling piece, a sixpence, a duplicate, and a direction cover, (reading it) "To be kept dry—Mr. H. Dew, Newport, Monmouth—Crowley
to Bristol, and steam"—that was in his pocket—I went to his lodging and found, in his box, a black handkerchief, a thibet shawl, and a little scarf, (producing them)—I went with Dubois so Samuel Freer's house—I produce a quantity of new articles, which I found in a box there—I went to Charles Austin's with Dubois, and found a packing--case with the mark scraped out, and four new waistcoats, a pair of trowsers, two pieces of calico, a piece of cashmere, a piece of new cloth, a pair of braces, and small handkerchief—here is a parcel of things found at Samuel Freer's—there are pieces of ribbon, eight bundles of new combs, and other articles.
Cross-examined by MR. O'BRIEN. Q. Where did you find the things at Austin's? A. In a box in his bedroom—some of them were articles of dress, most of them made up—I don not know whether this piece of silk is for a waistcoat—the house was well furnished—I saw a female there, who said she was a lodger—(the packing-case which was produced had part of an address on it, "Basing-lane, London. ")
SAMUEL WHITE . I am in the employ of Crowley and Co. On Sunday, the 11th of April, about ten minutes to nine o'clock, I was returning from the stable, and saw a chaise-cart in the centre of Murray-street, in the parish of Hoxton—it was loaded—there were two persons in it—they appeared to be a man and a boy—I followed it the best part of a mile, till it got to James-street and stopped at No. 3, Colebrook-place—when I got up to it, there was nobody in it that I could observe—I watched it, and saw Joseph Taylor, the prisoner, come out of the gates, and commence backing the cart into the yard—I said, "Whose cart is this?"—he said he did not know, he was called up out of bed to take it in—this was about nine o'clock—I asked him what was in the cart—he said he did not know, nor did he know whose the cart was—I said, "Do not trouble to back the cart in, I will take you to the station, and the cart with you"—I called a policeman, and went to the station with the prisoner—when we got to the bottom of Colebrook-place, we met the prisoner, Joel Taylor—he asked what was the matter—I said, "I am going to give this man into custody on suspicion of having stolen goods in the cart"—he said, "Do not lock him up, he is my son"—I said, "I must lock him up"—I went to the station with him, and returned to the house with the police-sergeant—I had been absent about a quarter of an hour or twenty minutes—when I came back the gates where they had attempted to back in the horse and cart were closed—the policeman had the horse and cart at the station—we rapped at the door, went in, and in the back yard found three boxes, a cask, seven or eight new ladies' bonnets, thrown apparently in a pig's sty in the yard—the pig's sty was not separate from the yard, but merely a covering—I saw Joel Taylor there—he said he knew nothing about it, he had been at his daughter's christening—I saw the goods which were taken out of the cart, and also those taken out of the three boxes found at Taylor's—they were all produced before the Magistrate.
Cross-examined by MR. CHARNOCK, Q. Where did you see the cart first? A. In Murray-street, about three miles and a half from the railway—when I came up to Colebrook-place, there was nobody with it—the first person I saw was Joseph Taylor, who came out of the gate—the gate was shut when I had passed the cart previously—I passed it at first, and left it remaining there, as nobody was with it—I saw Joel Taylor at the end of Colebrookplace, after I had taken Joseph into custody—that was about 100 yards of—I had not seen him near the cart—I took the cart to the station, with the things in it, returned to the premises, and saw Joel.
Q. Is not the yard connected with the Plough public-house? A. I believe it is—I have been told it is a thoroughfare—I cannot say that they pull carts up there—is a pair of gates at one end of the yard, and apparently a door at the other end, to a passage which leads to the public-house—they could not have got a horse or cart from the public-house—I am not aware that the people belonging to the Plough use the yard to put carts in—the cart was being backed into the yard—the hind wheels were just on the cill—the things in the yard were exposed—Joel said he knew nothing about it—he had been to a christening at his daughter's—he appeared to be clean—he was not discharged at first before the Magistrate—he was admitted to bail—I know Madden—he I, Joseph Taylor's master—I did say to him I thought old Taylor was led into it—that it was very suspicious to find goods in the yard—I had no recollection of saying I did not believe old Taylor knew any thing about it—I should be very sorry to say either way—I believe he is a hard-working, industrious man.
WILLIAM SANDERS (police-constable.) I went into the yard with White, and found the three packages, the cask, and the bonnets—one bonnet looks as if it was burnt—they were lying about in the pigs'-sty, and smelt very strong, as if they were fresh burnt—I saw the cart—the name of "John Cherry" was on it—I cannot say whether there was a direction.
Cross-examined by MR. CHARNOCK. Q. Were the things so strewed about the yard that anybody could see them? A. No, the bonnets were in the pigs'-sty—the three packages stood along side the pigs'-sty—I told Joel I must take him, as the property was found on his premises—he said he knew nothing about it, he had just come from a christening—I do not know that the yard is in connection with the public-house—I examined it, and only saw one entrance to it—I do not know whether it is used by persons belonging to the Plough.
COURT. Q. You saw no means by which they could get such large packges into the yard, except through the gates? A. None at all.
WILLIAM BENDON (police-constable.) I saw Joseph Taylor with the cart, and asked him what he was going to do with it—he said he was going to back it in—I took the cart to the station, and have all the goods found in it—there were a great number.
JOHN PASCO (police-inspector.) I have the goods which were found in the cart, outside the Court—the cart has been delivered up to Cherry's father—I was present when John Cherry was brought to the station—Dubois asked him if he knew Joseph Taylor—he said he was his man—Taylor was not asked, in my presence, if he knew Cherry—I asked Joseph Taylor if be knew anything about the cart—he said, "No, nor the property"—I said. "The name on the cart is 'John Cherry"—he said he knew nothing about it—it was after that that Cherry said Joseph Taylor was his man—Joseph Taylor was brought in first, and said he knew nothing about it—Cherry was brought in shortly after, and asked if he knew Taylor—he said, "Yes, he was his man"—Taylor was not present.
THOMAS HEWETT I am in the employ of Sutton and Co., who have a place next to Crowley's premises, at the North Western Railway-station, Camden-town. On Monday morning, the 5th of April, I missed a cart and a horse that was there the night previous—it was a black horse, with a brown muzzle—I have seen them since at the Camden-town station.
a horse and cart without an owner—it was a black horse with a brown muzzle—it was claimed by Hewett.
ROBERT RITCHES . On Saturday, the 3rd of April, I received a package from Messrs. Pawson and Co.—it was a box and a truss—I delivered it at Crowley's, at the Salisbury Arms yard—here is my carter's book, in which they are entered.
WILLIAM STANLEY . I am warehouseman to Messrs. Pawson and Co. wholesale hosiers and glovers, St. Paul's Churchyard—I was present at the package of certain articles which Ritches took to the Salisbury Arms yard—I have seen some of the articles since before the Magistrate, and can identify them as the goods sent—here is some crimson and white damask, some mouslinde-laine, and a quantity of blue cotton handkerchiefs—(these were found is Cherry's cart)—I know them to be part of the articles—they were all packed in one bale with this crimson and white damask.
JOHN INGRAM . I am in the employment of Charles Rogers and Co., No. 91, Watling-street, Scotch and Manchester warehouseman—I identify some roll jackonets, which were packed up to be sent by Messrs. Crowley, into Wales, consigned to Thomas, of Newport—(these were found in Cherry's cart)—these are them—there are nine pieces with our mark on them—Hemmings✗ packed them—there is "H" on some and "A" on others—I know them to be the goods—I have looked at a shawl at the station—there were shawls in that parcel, but not any that have been produced—they were cashmere shawls—I cannot identify any thing else.
FRANCIS SHARLAND . I ordered some goods to be packed up at messrs.✗ Langton and Wheatley's—they were drugs—I saw them packed—I saw one of the four hampers at the station-house which I had seen packed up—(this was found in Cherry's cart)—this is it—George Matthews was the carter—they are the same drugs.
HENRY NASH . I am warehouseman to Messrs. Spern, Worley, and Co., of Friday-street—I selected some bonnets to be packed by Robertson, to go by Crowley's wagon into Wales—the bonnets produced are what I selected—they have a ticket on each, which is in my handwriting—(these were found is Taylor's yard)—I can identify two of them.
----ROBERTSON. I packed one box of bonnets.
WILLIAM HALL . I am entering-clerk to Messrs. Weston and Co. Certain goods were packed there to go by Crowley—this is the direction I wrote—(this was found of East)—I saw the card compared with a box which I have seen here this morning—it fitted in the nails which were torn from the box which contained bonnets—(this box was found in the cart.)
with one of the boxes found in Cherry's cart—it corresponded with the places where the nails are, as if it had been torn from that box of bonnets.
THOMAS THOMAS . I am in the employment of Weston and Co. There were some parasols packed up with the things—they were of different desecriptions—I have seen the parasol found at Freer's—there were parasols of that description packed up in the package—I am unable to swear to them—I produce some similar to them.
COURT. Q. Do you buy of one maker, or of several? A. Several—I have missed stays of the same make as these produced.
Cross-examined by MR. PAYNE. Q. I suppose there are an immense number of parasols made? A. Yes—I should not think the stays produced have been worn—here is some white jean—there was some of that in our parcel.
JOHN BULLFORD . I know the house No. 3, Colebrook-place—Joel Taylor took the house—I cannot say whether his son lives with him—I collect the rent from Joel Taylor, and✗ have done so since the 6th of April, 1846.
Cross-examined by MR. HORNE. Q. Do you know anything about the premises? A. Yes—the Plough public-house has a right of way through Taylor's yard, coming in by gates at the corner of Taylor's house—that yard belongs partly to the place—Taylor lives in Colebrook-place—at the corner of the house are gates, and a passage running up to the yard—the gates are for the use of both parties—there is a lease granted to the place, with a right of way of four feet through the premises—people going to have a pint of porter have a right to pass through the gates—there is four feet right of way from Colebrook-place, very nearly up to the public-house—at the end of that is a square yard, touching the public-house—there is no communication for carts with the public-house, but for passengers—I have two leases here—there is no other communication or entrance for a cart into the yard from the public-house than through Taylor's gates—if a cart is coming to be put up from the public-house, it must pass through Taylor's gates—I do not know how wide Cherry's cart is—there is eight feet entrance, and four feet right of way—the public-house has a four feet right of way through the yard—a cart can go from that place to the yard, not through into the yard, but through into Joel Taylor's yard—these are the means of bringing a cart into the yard—I do not know that the people of the public-house put carts there—I never saw customers frequenting the public-house put their carts into that yard—I do not know in whose employment Joel Taylor is—I believe the son is employed by the father, who is a smith.
MR. HUDDLESTONE. Q. Do you know where the bonnets were found? A. No—I do not know the pig-sty—I have been in the yard—the yard belongs to Taylor—the house and yard were let to him, subject to the tenants of the Plough passing through the yard on four feet right of way—when he gets into the yard he can get into the public-house through the gateway—there is a second gateway from the premises separating the public-house from the premises.
COURT. Q. Was Joseph Taylor employed in the public-house at all? A. I should think not—I never saw a cart except their own drive in at those gates since Taylor has had the place—I never knew a cart which drove to the public-house come through the gates.
COURT. Q. It would not go through four-feet right of way? A. No—I have lived in the neighbourhood about ten years—it was always considered to be Taylor's yard—I never saw anybody frequenting the house go to the back of
the public-house—though I gave visited the public-house many times, I never saw anybody bringing beer through there—the publican has an approach to his house without coming through the yard—there is no convenience in going the back way—a cart could not get to the back door—by looking over a fence at the end of Taylor's yard you can see the back of the public-house.
MR. HORNE. Q. Is there any communication between the front of the Plough and the yard for carts? A. No—a cart could get into Taylor's yard, but could not get to the public-house—I have been and examined it since, and find there is no communication—the public-house stands by the road side—the back of it comes to the back of Taylor's premises—when you come through a narrow passage out of the Plough it comes into a large yard, which is Taylor's yard—there is a passage, but not for a cart to go up—by looking over the fence you can see the passage—it is fenced off—I saw no gate—I looked for one—I will swear there is no communication for horse and cart between the yard and the public-house—there might be for a foot passenger, but, to the best of my belief, there is not—I think if there had been a gate I should have seen it.
COURT. Q. How wide is the passage? A. Very narrow indeed—there seems to be a pot-house—I dare say it is six feet wide—Taylor's yard is wide enough for a cart to get up to the fence.
MR. HORNE. Q. Do you mean to say that part of the yard is not used by the Plough for putting up carts? A. I never saw a cart go through belonging to the Plough, and I do not believe a foot passenger ever goes that way—I have been inside the house, and never saw a cart go in there.
Evidence for the Defence.
----LORD. My husband is a carman; we live at No. 13, attfield-street, Goswell-street. The prisoner, Joel Taylor, is my father. On Sunday, the 11th of April, my father came to my place—he was godfather to my child—he came at past two o'clock, and staid till five minutes to nine—I saw him the whole time—you must walk sharply to go from my house to Colebrook-place in twenty minutes—it is five weeks ago last Monday—I have got a certificate of the christening from the minister—this is it—(produced.)
Cross-examined by MR. HUDDLESTONE. Q. Who was at the christening? A. Nobody but my father and brother, who stood to it—Joseph was not at the Christening.
COURT. Q. Have you a brother James? A. Yes—he was not there, nut I saw him in the evening—he was there all the time at the public-houses close against me—Joseph was at home in bed—I did not see him in bed—my father lives at No. 3, Colebrook-place.
HENRY BOOTH . I am a pavior and mason at Bank-side, Southwark, and live in Kingsland-road—Joseph Taylor has been in my employ two years and a half, and bears a good character for honesty—I do not know where be lived.
COURT. Q. Was he constantly in your employ? A. No, only as carman—we hire carts of him as a carman—he drives his own cart—I did not know him as a servant of Cherry—the name of Taylor was on his cart—he was at our place regularly at six o'clock in the morning, and left at six at night—we paid him 8s. a day for the horse and cart and his own serviced—I do not know Cherry—I never saw him in my life, and do not know where Taylor kept his horse and cart—my foreman knew where to send for him—about six months ago he had a grey horse which was ill, and I let him work as a lobourer till his horse recovered—I have 200 men employed as paviors in the street—I have the contract for sixteen parishes.
MRS. BIDGOOD. I am housekeeper to the Bavarian ambassador, in Berkeley-square. The wife of Freer lived three years with me—she has been married about four years—I am acquainted with her articles of dress as much as my own—I have often seen her since, very often at our house—she had a satin dress off the very same piece as the one I have on now—I am very much surprised if that parasol was not hers before she was Mr. Freer—as far as I can judge it is hers, and I can take my oath to that shawl, which was bought in Regent-quadrant for 3l. 10s. six years ago—I do not know the combs—the satin dress was made with a robbing down the front—that black shawl I know was bought at Broadstairs—I paid for it myself 1l.; and here is a handkerchief which I know—the ambassador's lady gave her several articles of apparel—she had thorough good dresses when she left our house—I have known her husband nine or ten years.
MR. HUDDLESTONE. Q. How many pairs of clogs had she? A. Three—one had not been worn—she had that pair to keep for Sundays, and she had a pair made when she was married, four years ago—I was never in Freer's cellar.
(James William Madden, a smith, of No. 14, Graham-street, City-road, gave the prisoner Joel Taylor, a good character;—John Hacker, farrier, of Cowper-street, City-road, gave Joseph Taylor a good character;—William Moody, a licensed victualler, of Vauxhall, gave John Freer a good character;—Charles Bushnell, shoemaker, of Camden-town; Thomas Cross, housekeeper to Mr. Wood, of Wilson-street, Camden-town; Matthew Whestley, labourer, of Braden-street, York-road; and John Green, of No. 12, Sherborne-place, Blandford-square, gave Samuel Freer a good character;—Benjamin John Taylor, builder, of Baltic-street, St. Luke's; James Clemetson, undertaker, of Memel-street, Old-street; George Bell, looking-glass and picture-frame maker, of Middle-row; and Joseph Puddefoot, tobacco-pipe maker, of Old-street, gave Cherry a good character;—Henry Johnson, fruit salesman; William Thompkins, boot-maker, of No. 44, Camden-row; and John William Twiss, watchmaker, gave Austin a good character;—Richard Sparrow, cooper, of John-street; and John Beaton, coachman to Mr. Harris, gave Martin a good character.
HENRY EAST— GUILTY . Aged 20.
WILLIAM MARTIN— GUILTY . Aged 25.
JOHN FREER— GUILTY . Aged 28.
Transported for Seven Years.
SAMUEL FREER— GUILTY . Aged 27.— Confined One Year.
CHARLES AUSTIN— GUILTY . Aged 38.
JOHN CHERRY— GUILTY . Aged 28.
JOSEPH TAYLOR— GUILTY . Aged 27.
Transported for Seven Years.
JOEL TAYLOR— NOT GUILTY .
NEW COURT.—Tuesday, May 18th, 1848.
PRESENT—Sir JOHN PIRIE, Bart.; Mr. Alderman HUGHERS; and Mr. COMMON SERGEANT.
Sixth Jury, before Mr. Common Sergeant.
MARY ANN QUINLAN . I am the wife of Philip Quinlan—we live in Brazier's-buildings, Whitechapel. On Wednesday evening, the 24th of March, I saw the prisoner and her husband beating and ill-using my husband—the prisoner took the poker to him, and I said, "Don't' strike him with that thing; you don't know what harm you may do him"—she said, "You had better mind what you are doing"—I went up stairs to my room to take off my bonnet and shawl—I returned to fetch my baby—the prisoner flew across the room, and struck me with the poker on the head—I had not struck any one, nor done anything—I had been out all day.
Prisoner. She swears I struck her with the poker, which I did not, Witness. She did strike me, I saw her go back again from me as I reeled—I was taken to the hospital, and was there ten days.
MARGARET LONEY . I am the sister of Mary Ann Quinlan. On the 24th of March I and my brother went home—when my sister came home the prisoner's husband was ill-using my sister's husband—my sister went up stairs, took off her bonnet, and she came and said to the prisoner, "How could you do such a thing as ill-use my husband"—the prisoner flew across the room, took the poker, and struck my sister on the head—she reeled and fell into my arms—she said, "O Margaret, she has killed me"—I have not stated how the prisoner served me—I was very ill-used.
JOSEPH CONDON (police-constable H 31.) I went to the place—the prosecutrix came down bleeding very much in the head, and it appeared she had had a violent blow—another officer took her to the hospital—I took the prisoner.
Prisoner. I was washing the blood off my husband when you came. Witness. No, he was washing himself.
Prisoner's Defence. I and my husband returned home between half-past eight or a quarter to nine in the evening; Loney was dancing in the buildings, and wanted to know who had offended her brother; I bid her good night; she followed me, and called me all sorts of ill names; I said I did not know what she meant; I had my supper, and a little child said she wanted me to come down, as Mr. Quinlan and his wife were dreadfully ill-using her mistress; my husband went down; Mr. Quinlan and her husband seized him by the collar; they fought for a long time, and Margaret Loney fetched a✗ pint pot and struck my husband with it on the head; I said, "For mercy's sake, what are you doing; why don't you leave it between the men;" she seized me by the cap and knocked me down, and held me fast by my hair; the neighbours cried for mercy's sake to let go; she said she would not till she had kicked my liver out, and she kicked me very much on the body and the head; I got up, and was washing the blood off my husband; the policeman came took me; I knew nothing of the charge; the next morning, when my husband rose, he was much hurt, he went out, and has not since been heard of.
GUILTY . Aged 29.— Confined Six Months.
1265. CORNELIUS HURD and THOMAS NOONAN were indicted for stealing 44lbs. of lead, value 8s.; the goods of William Reynolds, and fixed to a building. 2nd COUNT, for cutting and ripping the said lead, with intent to steal it.
DAVID PRICE . I live at Kensington. On the 7th of May I was working on some buildings in Lansdowne-road, Kensington, where Mr. Reynolds has buildings—I saw the two prisoners enter a building of his—they went up a partition and up a trap-door—in about five minutes I followed them, and saw one of them, I do not know which, cutting the lead on Mr. Reynolds' house, and the other prisoner was kicking it and rolling it up—I saw them come down the trap-door of the next house, and took them—I was working on the opposite side.
Cross-examined by MR. O'BRIEN. Q. How do you know that? A. I laid the lead for Mr. Reynolds—he is a builder.
HURD— GUILTY *. Aged 18.
NOONAN— GUILTY *. Aged 18.
Confined Four Months.
JOHN FOX . I live in King-street, Long-acre, and am a furniture-broker—the prisoner was in my employ—he was in the habit of selling tables and other things for me at times—it was his duty to deliver up the money to me or my wife—he sold a table for 24s.; he only gave me 22s., and said he sold it for that.
Cross-examined by MR. PRENDERGAST Q. He had been a long time in your employ? A. Nine or ten months—I paid him 5s. 6d. a week—it is not a practice to give a shilling or two as a bonus, unless a man is employed at a per centage, which is twopence or threepence in the pound—the prisoner was not allowed any—if he sold it for 24s., it was without authority from me—he asked me, when I was going out, what he should sell it for, and I said 25s. or 26s.—he has sold things a little under what I told him, when he has come to me, and asked if I would take the money that has been offered
COURT. Q. If he received 24s. for this table, was it for you he received it? A. Yes, he ought to have paid it to me, and did not.
Prisoner's Defence. I was desired to sell it for 22s. by my mistress; I first asked her if she would take a guinea for it; she said no, 22s.; my master made an agreement, when I first went to work for him, that if I should get anything above his price, it should be to my own interest.
MRS. FOX. The prisoner told me a gentleman had been to look at the table, and would I take a guinea for it—I said, "No"—he said would I take 22s.—I said, "No; if the gentleman comes, call me, and don't sell it without me"—he sold it, and brought the direction up—I said he should not take it home for 22s., but he carried it home in defiance of me.
NOT GUILTY .
Folly, St. George's-in-the-East—the prisoner lodged for four days in my house, with a young woman, who had a furnished room—I keep a boarding-house—he went away, and came back to her on the Monday night, and said he had got a ship, and would I cash his note—I said I would not that night—he said the next morning hr could get a Jew to cash it, if I would be answerable for it—I said I might as well do it my self as put my name as✗ it—he took me over to Herring-wharf (I think it was), and the waterman said the vessel was gone—he said he would go to Gravesend and take me—I gave 17s. to the young woman he had been living with—he said he was going to marry her when he came up the next voyage—he had 1l. 8s. in clothes—there was 6s. for cashing the note, and 4s. 6d. for a week's rent, and the remainder of the money was to be given to his young woman, but she owed me the money for provisions—this is the note—it was to be paid three days after the prisoner sailed from Gravesend—I first went to the police-station, and they said it was a bad note—the prisoner said it was payable at No. 27, Grosvenor-square.
Prisoner. Every word she has said is false; the night I slept in her house I met the young woman, and she took me home; the man cashed me the note, not you; I never uttered a note to you.
CHARLES PILCHER (police-constable K 190.) Mr. Cherry gave the prisoner to me—I took him to the station—I went to the direction of the note, No. 27, Grosvenor-square—I saw Mr. Smith, the steward of Sir John Johnson—he is here present—a man named Levy was in pursuit of the prisoner for another note, which he cashed for him afterwards.
(Note read. "Three days after the ship Ajax has sailed from Gravesend, pay to Mr. B—, or bearer, the sum of 3l., provided William Smith has sailed in the above-named vessel, being part of his wages in advance on a voyage to Brazil, per agreement with Captain Smith.—Your obedient servant, JOHN WILLIAMS.—Payable No. 27, Grosvenor-square. M. Huson, commander.")
Prisoner. The ship I was going in was the Savage, a schooner.
LYDIA CHERRY re-examined. He gave me the note, and there was no✗ name on it—I said, "This won't do for me"—I gave him a pen and ink, and he wrote his name, "William Jones," on the back of it—I took the note first to Mr. Starker, who said the man was a great villain—he thought the writing was all alike.
GUILTY .(†) Aged 26.— Confined One Year.
1268. FREDERICK CLAUS was indicted for stealing 24 coats value 23l.; 2 pairs of trowsers, 4l. 10s.; 18 waistcoats, 9 jackets, 1 cap, 10 pairs of boots, and 60 buttons; the goods of the London and North Western Railway Company, his masters.
MR. CLARKSON conducted the Prosecution.
THOMAS BARKER . I am superintendent of police on the London and North Western Railway—the prisoner was a porter in the service of that Company—the Company assumed the name of the London and North Western Railway Company last June—I think the Bill received the Royal assent on 16th June—the last issue of clothing for the servants of the Company was in✗
Aug. last, and name on the buttons as then altered from the London and Birmingham to the London and North Western Railway—the coats, jackets, and waistcoats are given once a year, and the boots and trowsers twice a year—on the 30th April, in consequence of information, I went late at night, to the prisoner's lodging, at No. 41, Haldon-street, Somers-town—I found him in bed—he opened the door—I found a great many things in the room—I said to him, "You seem to have been dealing largely in these thing"—he said, "Yes, I have been dealing in old clothes some time—I have bought them and paid for them"—these are the articles I found—some of them are nearly new—this jacket is quite new—the buttons of the Company have been taken off these things, and other buttons put on—here are twenty-four coats, two Macintoshs,✗ three pair of cloth trowsers, seven pair of other trowsers, sixteen waistcoats,✗ nine jackets, one cap, ten pair of new boots, and seven dozen of buttons of the London and North Western Railway Company—the name on the buttons was altered when the name of the Company was changed—these buttons must have been on clothes which have not been followed by any other issue of clothes—the green collars have been taken off the coats and jackets, and replaced by velvet collars—the numbers and initials have been taken off most of the clothes—here is a pair of trowsers which has L and N W on now—these were issued in Jan. last—I selected those things which I thought belonged to the Company, and took them to the station in a cab—I took the prisoner into custody—on the following morning he was taken into the waiting-room, and he stated that he had one great-coat from Phillips, who has left more than twelve months—he also mentioned the name of Harrison, who has been dead about the same time—he did not point out which of the articles he bought of those men—he then stated he did not wish to implicate anybody else, he would take the whole responsibility on himself, he therefore declined answering any further questions—there have been coats and clothing missed from the railway at different times—I believe the whole of this property belongs to the Railway Company—these ten pair of boots are new—they are kept in a store for the clothing, and issued at certain times—these have never been worn at all.
Cross-examined by MR. BALLANTINE. Q. These are the clothes issued by the Company to the different officers? A. Yes—the persons who lost these trowsers must have missed them—I have not brought any person who has lost trowsers, or who has lost a single coat that is identified—these buttons are not identified as belonging to any particular coat—on one occasion three of the guards were questioned with respect to their old great-coats, and they stated that they had sold them, because they had been worn the time allowed by the Company.
MR. CLARKSON. Q. You do not expect that if a man had been joining in committing a crime, he would come forward and mention it? A. Certainly not—if any persons had sold the prisoner these things they would not mention it—there would be facilities for disposing of their things on the railway, but I was not aware of it.
GEORGE JOSIAH MILLER . I am clerk to Messrs. Hibbert and Co., tailors, Pall-mall East—they supply clothing to the London and North Western Railway Company—theses coats and trowsers are such as they supply to the Company—one or two pairs have the stamp of the London and Birminghams✗ Railway—they were marked at our houses in Feb., 1846, and others have the mark of the London and North Western Railway, and were issued in Jan. last—some of the trowsers bear the green tickets of our house, issued in 1846—some
of the waistcoats have portions of the tickets—the boots have the stamp of C. H. and Co.—they are made for as—the parties who make then stamp them so—they are supplied to very few other persons except the London and North Western Railway Company.
DANIEL HAYNES . I am a guard on the London and North Western Railway. I lost my breaksman great-coat thirteen weeks ago last Friday—this coat is the same sort as mine—it is similler, but I cannot swear to it—I had had mine about two months—it was nearly new—this is an oldish one—here is another coat which is similler to uor coats—I do not see any difference between this and the one I lost, except that this has not got the buttons which were on my coat when I lost it.
Cross-examined. Q. Is there anything to lead you to think it is your coat? A. No.
JOHN FILBY . I am a guard on the railway. I lost my breaksman greatcoat ten weeks ago last Friday—it was very nearly new—I do not see anything about this coat that is different from the one I lost, except that this is without buttons—this coat seems rather of a better quality then mine—here is another coat, which is the same sort of coat a mine, but it has fresh buttons, and a fresh collar—I have no doubt this is one of the Company's coats.
Cross-examined. Q. Have you any belief about that coat? A. I believe I lost a coat, and this very much resembles mine—I complained of having lost my coat—I was not aware that the people about the railway are selling their clothes—I never sold any, nor heard of it.
MR. CLARKSON. Q. Do they all know it is against the rules of the Company to do so? A. I think so.
(The prisoner received a good character.)
GUILTY . Aged. 34.— Confined One Year.
1269. JOHN LEWIS MASTERMAN was indicted for stealing 1 watch value 23l.; 2 watch-chains, 13l.; 1 seal, 1l. 4s.; 1 umbrella, 1l. 1s.; I smoking-pipe, 5s.; and 1 shawl, 10s.; the goods of William Cooper, in the dwelling-house of Simonne Victoire Kirton.
WILLIUM COOPER . In Jan., 1846, I was lodging at No. 5, Goulden-terrace Islington—the prisoner lodged there—I was on intimate terms with him—he suggested, on the Sunday evening, that I and a gentleman, lodging in the same house, should witness an execution at the Old Bailey—I concerted with Mr. Gays that the prisoner was to call as up the next morning at half-past six o'clock, instead of which, the prisoner remained in the room where I went to bed, and took away the candle—about four in the morning I was awoke by his coming into my room, putting his hand under my pillow, taking my watch and chain, and going away—he being a friend, I thought he intended to call me at the proper hour—he went away, and I went to sleep again—I was awoke by the servant at the usual hour—I went into the prisoner's room, and found he was gone, and had I left a portmanteau behind him—I began to feel suspicious—I thought it strange he should go to an execution with a valuable watch like mine—I went to business at the Stock Exchange, and about twelve I received a letter from the prisoner, saying he was sorry he had taken the watch, but he wished to cut a dash amongst his friends, and would return it in three weeks—I went to Scotland-yard, and got a number of bills spread about, but I could not find the prisoner—about a fortnight ago I heard he had delivered himself up to Forrester to meet the
charge—I had not seen him in the interval—on opening his portmanteau it was filled with rubbish of the vilest description.
Prisoner. Q. Did you see me leave the room? A. No, but I saw you retire from the bed—I think it was about four o'clock—the gas-light casts a reflection into my room—there was sufficient light to see you—I had Venetian blinds to my bedroom—I really cannot say whether they were up or not—I did not see you go out of the door—I saw my watch in your possession—I did not speak to you, because I looked on you in the light of a friend—I went to sleep with the watch under my pillow—you remained in the room till I had got into bed, to prevent my locking the door, as I suppose—you have slept in that room—I gave 47l. for the watch and chain.
MR. COPPER re-examined. This is the letter—I believe it to be the prisoner's writing—it is addressed to me.—(Read—"Dear Copper,—I hope to God you will not be displeased at my talking the liberty of talking your watch, for rest assured I shall return it on my arrival from Wales—I shall be back in three weeks—for God's sake do not mention the circumstance to any person—I swear before my God you shall see me in three weeks—I intend to drop this on my way to the Great Western Railway, on my way to Bristol—I merely want to cut a dash before my friends. J. MASTERMAN. "Jan. 5, 1846. To—COOPER, Esq. 5, Goulden-terrace, Islington."
Prisoner. I am innocent of the charge.
GUILTY . Aged. 30.— Confined One Year.
1270. ELIZA SMITH and WILLIUM COX were indicted for assaulting Sarsh Ann Tanner, putting her in fear and danger of her life; and stealing from her person, and against her will, 1 shawl, value 2l., the goods of Alfred Tanner; and beating, striking, and using other personal violence to her.
SAREH ANN TANNER . I am the wife of Alfred Tanner—we live in Lloyd's-place, Brompton—about half-past eleven o'clock at night on the 11th of May, I was nearly opposite the Chinese Exhibition—the two prisoners overtook me—they accosted me—I went with them to a public-house and had something to drink, and from that time I lost all recollection—I had a handkerchief and some halfpence in my pocket—when I found my recellection again I was in a cab in the Haymarket—I asked where I was, and one of the party made answer, "We are in the Haymarket"—I replied, "Why did you bring me here, let me get out"—the female prisoner got out first and I second—in getting out I was pushed or knocked down—I fell on the ground—while falling this shawl was drawn off my shoulder by the female prisoner—Cox was there—he got out of the cab also, and they ran off—they are the two persons I had been drinking with—I said to a gentleman, "For God's sake what shall I do? those four persons running up the street have robbed me of my shawl"—he said to a boy, "Run after those people, and give them in charge"—I went to the station—I saw my shawl and identified it—I saw the prisoners the following morning.
Cross-examined by MR. BALLANTINE. Q. What is your husband? A. As artist—I never was about drinking at that time of night before—I do not recollect who paid for the cab—I do not believe it was paid at all—it down away instantly—there was another man and a women in the cab beside the prisoners—Cox was dresses the same as he is now—he was taken between one and two o'clock the next morning—I was knocked down, and I saw Cox running up the street with another party.
CHARLES FREEMAN . I live with my father—I was going up the Haymarket and saw a cab standing—I saw the prisoner Smith come out first—Mr. Tanner was then in the act of stepping out—I cannot say whether it was Cox or the other man gave her a blow on her shoulder—Smith pulled her down, and as she was in the act of falling she pulled her shawl off her back—she hallooed out, "All right, come on"—the others immediately jumped out and ran off—Cox was one—they all ran.
Cross-examined. Q. Where did you see Cox again? A. At the station.
Prisoner Cox. The Magistrate said to this boy, "Turn around and see it you can see one of the men"—he did so, and said "No"—he said to him "Is that one of the men?"—he said "No. "
WILLIUM CAUGHT (police-constable C. 140.) I received information and went into Orange-street—I saw the two prisoners and a man and women on a-head before them—I followed the prisoners some distance—they saw me—they said something to the other two before them, and they ran—I ran and seized the two prisoners—Cox struggled violently and got away, but he was taken afterwards in Conventry-street.
Cross-examined. Q. Where was he then? A. He crossed the road, and I took him—I had had him in custody in Orange-street—I found this shawl in Coventry-street—I saw Smith drop it, and I took it up.
MR. BALLANTINE called
FRANCES JARVIS . I know the prisoner Cox—I keep company with him—he is a supernumerary at the Lyceum—I know the time he has generally done work there, and I meet him afterwards—I met him on this night about twelve o'clock, at the corner of New-street, Covent-garden—we went to a public-house—I parted with him after two o'clock—when the policeman came up to him in Coventry-street we had just come out of the public-house—he was taken into custody—I went to the station—the policeman threatened he would take me if I followed him—the policeman would not let me go into the station—I am a flower-maker—my sister Mary Ann was with me that night—we were all together.
MARY ANN JARVIS . I am the sister of Frances Jarvis. I know the prisoner Cox—I met him on the night he was taken into the custody, at the corner of New-street, about twelve o'clock—I was with my sister—we were not in a cab—I was with Cox when he was taken, in Coventry-street—he had not been running at all.
COURT Q. What are you? A. An artificial-flower—I have lived two years in Hickman's-rents, Church-passage, Chancery-lane, with my sister and my parents.
FREDERICK HUNT . I am a supernumerary at the theatre—I do any duty that may be required—I am not particular. I know the prisoner Cox—he is a supernumerary—I remember the night he was taken into custody—he had been at the theatre that night, and left between ten minutes and five minutes to twelve o'clock—his duties kept him there from half-past nine o'clock till that time—the performance that night was the "Wood Demon"—there are forty men to perform it.
EMANUEL LEADBY . I was a supernumerary at the Lyceum that night—I was walking on the stage, carrying Mr. Keeley in a palanquin—I know the prisoner Cox—he was there that night—he carried with me—he left about ten minutes before twelve o'clock—he was there four nights with me, in the "Wood Demon."
WILLIAM KNIGHT . I am a supernumerary at the Lyceum Theatre—I was employed in the "Wood Demon" on the night of the 11th of May—the prisoner was there—he helped to carry on Mr. Keeley—the performance ends ten minutes before twelve o'clock.
COURT. to CHARLES FREEMAN. Q. You saw Smith come out of the cab; did you see any man come out? A. Yes, the prisoner Cox—I am sure it was him—he was in my sight a minute or two—I had a good opportunity of looking at him.
Cross-examined. Q. What were you doing there that night? A. I had run away from home.
COURT to WILLIAM CAUGHT. Q. Was Cox walking quietly with these two women? A. I did not see any women with him when he was taken—I saw Cox and Smith, and another man and woman—I am sure he was the same man I took afterwards.
Cross-examined. Q. There were two women came to the station? A. I saw them when I came out—I cannot say whether the Jarvis's are the women—I did not notice them enough to swear to them.
SMITH— GUILTY . Aged 18.— Confined Six Months.
COX— NOT GUILTY .
CATHARINE SULLIVAN . The prisoner is my mother. I was at her room, in Half Moon-street, Bishopsgate, on the 2nd of May, with my brother and sister—I was cutting a bit of bread for my sister, and my mother took a knife and dug it into my head three times—she took my shawl off my neck, and said, "Is there any blood on it?"—I said, "No, mother"—she took her bonnet and shawl, and went out.
Prisoner. Q. What did I hit you with? A. After you cut my head you hit me with your pocket—you cut my head about eight o'clock on Sunday night.
Prisoner's Defence. On the 1st of May, I awoke my child, and wanted her to go to Mile End-road on an errand; I turned to the baby, and in the meantime she took my pocket from under my head; it had two pence, and two sixpences in silver, in it; I took the pocket out of her hand, and hit her with it, being in a passion; she is constantly plundering, and if she sees a neighbour's door open she will go in and rob them; on the 2nd of May I went out to work, and left her 1s. to get some coals; on my return home she gave me 8d. change; I went up stairs, and the person on the first floor said, "Is not your girl a nice article, to rob me of my coals;" I came down; she was sitting on a stool by
the table; being in a passion, I hit her, and her head fell against the corner of the table; I did not know her was cut, or I should have looked after✗ it before I went out, for she sat down and had her tea with me; she is a shocking child, for though her my husband has left me with six children; I✗ heard my husband was in Birmingham; I went to if could find him, and I was given into custody.
GUILTY .*— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
ISAAC SAMUEL ROSENBAUM . I am a leather-seller and slipper-manufacturer, and live at No. 8, Old Gravel-lane. On Sunday morning, the 25th of April, nine Germans arrived from Germany, on their way to New York—they came to lodge at my house—there were a great many Germans them✗—I spoke to Mr. Ireland, and I saw the two prisoners in his parlour✗ and they made an agreement with nine German emigrants to take them on✗ to New York—M'Lean said he was the agent, and Gardner was the captain of the barque Recovery—Gardner said he was the captain, and he would auls✗ 5l. a head from the emigrants to take them to New York—Gardner made the agreement, and M'Lean wrote the agreement, and told them the usual practice✗ was to play 1l. down, when they got on board to pay the remaindy✗—I saw all those nine persons pay Garden 1l. deposit—they were julirs✗ Mendel, Emanuel Moritz, Joseph Rothschild, Isaack Guelder, Fanny roths✗ child, Ferdinand Haas, Sarah Klemberg, Joseph Keller, and Sarah Moritsnot one of them could speak English—I explained to them, before they parted with the money, the situation of the prisoners, that Gardner was the captain of the ship Recovery, and that M'Lean was the agent—they told me so, and I told the emigrants so—I saw the money paid—it was some French✗ money, and some Dutch money—M'Lean and Gardner asked me the worth✗ of it, and they took it—I did not ask Gardner that night where he lived—I did another day—I asked him for his card—he said he had not got a printed card—he said he lived at No. 16, King-street, Tower-hill—I said I knew that Mr. Williams, a provision-merchant, lived there—Gardner said✗ it was a mistake—I went to Mr. Williams', and found Gardner did not live✗ there—I went back to Mr. Ireland's, and said, "I suppose this is only a swindle"—the prisoners afterwards came to Mr. Ireland's house—I went to them, and said, "Give these emigrants their money back, I think everything will be settled"—they refused—Gardner said, "I did not touch the money, M'Lean took the money"—I said, "You gave them a receipt, not M'Lean; they have to do with you now, not M'Lean"—M'Lean said, "Did I promise you!"—I said, "Gardner promised to take them to New York"—I am quite sure Gardner was represented as the captain, and M'Lean as the agent—they took these people on board, and showed them a ship, but I was not at home at the time.
M'Lean. Q. I thing you know a person named Ireland? A. Yes, he lives within a few doors of me in Old Gravel-lane—he sent for me on the Saturday evening—I found you in house—he said you were a shipping agent, he had known you a length of time, and you were capable of doing justice to the fullest extent—he told me you were an honest man—I called on you the next morning—I do not know what time it was—you went to black.
wall with me—I cannot tell how long you stopped there—you stopped till the second steam-boat arrived from Rotterdam, in which these emigrants came—I said there was no occasion for you to wait longer—I went with the Germans, and you came home—I do not recollect your being introduced to, Germans in my house—I sometimes have company—it is very likely you were there—perhaps I might have come to your house in Sidney-street on the Monday—you did not introduce me to Captain Gardner in your parlour—I did not see him before I saw him in Mr. Ireland's house—I was not introduced to Caption Gardner in your parlour to make arrangements at so much a-head for those emigrants—I did not arrange for them to be taken at 5l. head, and for me to receive 6s. a-head for introducing them—you said, "You shall have 6s. a-head," and I did not answer it—I cannot tell whether you were going to do this for nothing—I did not employ you to get a ship for these emigrants—Mr. Ireland said you were a shipping agent, you could recommend a ship for those emigrants—I did not make arrangements to receive 6s. a-head.
COURT. Q. Were you to have 6s. a-head profit for your trouble? A. No, M'Lean said, "I will pay you 6s."—I did not answer him.
M'Lean. Q. Did I say I would give you 6s.? A. Yes, promised I should have 6s.—I made no arrangements for the Germans to go down and look at the ship—the emigrants made an agreement with Gardner—I never saw Mr. Gardner in your house—I saw him at Mr. Ireland's, who sent word to me that a shipping agent he knew was in his house—I went there and saw you and Mr. Gardner—I gave Gardner in charge on the Wednesday afterwards—I went to the station to explain the transaction, and said you were partners together.
Gardner. Q. Did you not meet me at Mr. M'Lean's house? A. No, I never saw you there—I was not in M'Lean's house till I had seen you.
MR. BALLANTINE. Q. Did you get back the 9l.? A. No.
GEORGE IRELAND . I keep the Old Duke William public-house. Mr. Rosenubaum told me there were some emigrants arrived, and he wanted to ship them off as there was such a number of them—I had known M'Lean two or three years off and on, acting as a shipping agent—I spoke to him—he said he would do what he could, and on the Thursday night I saw him and Gardner and the emigrants in my parlour—I did not hear anything pass between them—I afterwards went to the barque Recovery because Rosenbaum seemed to signify there was something wrong—I inquired for Captain Gardner—I found there was no such person—M'Lean had brought Gardner to my house—he had a glass or two of porter, and I said to him, "I hope when I come on board your ship I shall have some wine, better then porter"—I said that because he had represented himself as captain of the barque Recovery—he did so in the presence of M'Lean, who had brought him there—I had a box in my charge, but it is in charge of the police now—M'Lean gave it to my son while I was gone on board the Recovery—M'Lean said to my son, in my presence, "There is money in the box, I must have it back."
COURT. Q. Is there a vessel called the Recovery? A. Yes, I went on board, and inquired if Captain Charles Gardner was on board—they said they did not know such a man—the vessel is not fitting up for emigrants—Captain Gibson is the captain—she is not going to New York—she is going to the North for coals.
M'Lean. Q. You have known me for there years? A. Yes—we had no transaction only as a customer—I said if you would give your attention to
get a ship for these people it would pay you well—you did not see your way✗ clear, and I spoke to other.
M'Lean. Q. After having done that, did you not come to me on a Saturday evening, and see me in my own parlour, and tell me there were from 60 to 80 passengers come, and 20,000 were coming over, and persuade me to do it, and you would introduce me to Rosenbaum, who was the agent? A. No, he is no agent, only an interpreter—he or anybody had the management—they wanted to get off quickly—you called on me, and I introduced you to Rosenbaum—it was only those persons who had not made their arrangement in Germany that you had to do with—you were in my house on Sunday evening—I do not recollect anybody being with you—I introduced you from your card—I have known you before my bar for two years, acting as a shipping agent—whether you have a license or not I cannot say—I introduced you to Rosenbaum—what arrangements took place I have nothing to do with—I only know I went to the barque Recovery, and found she was set✗ chartered for New York—it was at my instigation you undertook it, and if the thing had gone on properly, it would have been all right—I did it for the sake of the Germans, to get them off, because I knew they had no money is stop here.
JULIUS MENDELL (through an interpreter.) I saw the two prisoners—gave a sovereign—I do not remember whether I laid it on the table—the two prisoners were present—I gave it for them, in consequence of what Mr. Roenbaun✗ told me—I expected to be taken to New York—I went down and saw✗ the ship—we walked through the Thames Tunnel to it—it was in some cand✗—I do not know the name of the dock—the two prisoners were with me—they showed me about the ship.
M'Lean. Q. Did you go with me on the Tuesday? A. I cannot tell the day—some others went with me—you introduced me to Captain Gardner who was with the carpenter, between decks, making the berths for passengers, as you said—I appointed to meet Captain Gardner, at three o'clock in the afternoon, to make arrangements.
M'Lean. I acknowledge I saw the whole money paid, and put in the box.
NICHOLAS GIBSON . I live in Lower John-street, Commercial-road. I am✗ owner of the Recovery—she is lying in the Surrey-canal—you get to it by going through the Thames-tunnel—M'Lean called on me on the 26th of April—I had never seen him before—he made some offer about chartering the vessel—Gardner was not captain of the vessel, my brother was—I told him I would not allow the ship to go out without my brother being captain—if M'Lean stated that Gardner was captain of that vessel he stated what was wrong—I never heard of Gardner going on board my vessel and showing it, till I was at the police-court—there was nothing at all going on to prepares✗ the vessel for emigrants.
M'Lean. Q. From what passed between us, would you not suppose that I should be able to negotiate with you? A. You offered me a very excellent price—I told you if I found the partied respectable I might charter the ship—I received a note from you—this is it—(read—"No. 2, Sidney-street—Sir, according to promise I take the liberty of addressing you on the subject
of chartering the barque Recovery;—when I saw you I offered 8s. per ton per month; I have this morning seen your brother, and offered him 10s. per ton; and considering the age of the vessel, there is no doubt you will consider the offer sufficient; the vessel to be chartered for four months certain, at 10s. a ton per month; the chartered pay the port charges, provision, and seamen's wages. Another vessel being offered, your early answer will oblige. Yours, &c."
M'Lean. Q. Did I not say if your brother took charge of her, it would be no objection? A. Yes—you would do anything to get the ship—my brother told me you had seen him, and arranged at 10 guineas a month—I told you I would not accept it till I had inquired as to the respectability of the party—you said you were only an agent in the matter—I do not know that you had a right to tell Gardner that you were likely to come to an agreement.
MR. BALLANTINE. Q. Ten shillings a ton would have been a famous freightage? A. Yes—I could not let my vessel for one-third of that.
M'Lean. Q. Did you not say you were getting 90l. a month in the coal trade? A. Yes—I said I would consider it, and give you an answer in writing—you called on Thursday morning and told me Captain Gardner was in custody.
M'Lean. It was only for the time I was in your employ that you knew me in that capacity. Witness. No—may acquaintance with you took place last July—you represented that you knew me twenty years ago, but, to the best of my knowledge, I never saw you before.
MR. BALLANTINE. Q. Was he a good hand at journeyman baking? A. Yes, a very good one, the best in England, I think.
M'Lean Defence. I have endeavoured, as far as lay in my power, to carry out the views and do justice to every person that employed me; I admit these people paid their money; I saw it paid; it was done with the best intention; I made an arrangement with Gardner, to take sixty passengers out—about the 6th of May, I had met Captain Gardner, named to him the subject; he told me of the Recovery; he took me down to look at it, and wished me to wait on the owner; I waited on Mr. Gibson, and you have heard what he has said—with respect to Rosenbaum I was employed by him to do the best I possibly could to dispatch these emigrants, and I was to receive one-half of the profits—with respect to anything else, I leave it entirely in your own hands; I have got my conscience clear, and here I stand innocent of anything wrong—there never was fraud intended by Captain Gardner or me.
Gardner's Defence. I called on M'Lean on Saturday evening, the 24th of April; he mentioned having a number of passengers, and I thought it would suit my purpose; I called on a corn merchant in the City, and asked if he would join a charter party to transport these emigrants; he said it was a deviation from his business, but if it would further my views he had no objecttion; I turned my attention to a vessel called the Recovery; I commissioned Mr. M'Lean to call on the owner, and from what he said I was of opinion she could be chartered; on the Monday I was at Mr. Ireland's, Rosenbaum came in, and I named having a vessel about to proceed to New York; Rosenbaum asked, "What will you take these passengers for?" I named 5l.; he said, "What commission will you allow me?" I think I said 4s.; he said he was in the habit of having 6s. from Phillips and Tiplady, if I would give him the same he would give me the preference; I agreed to it, and he seemed anxious✗
that they should see the vessel; I, knowing they wanted to get away, called on a friend, a shipwright, and asked him to walk on board and give me as estimate of what it would come to, to fit it up, in case the charter-party came to a close; they left me about eleven o'clock on Tuesday morning, and agreed to meet me at Mr. Ireland's at three o'clock; I met them, and instead of paying the 5l. it was agreed that 1l. should be paid then, and the remainder when they were on board; it made no difference to me, knowing I had a responsible party to join me in the charter; they paid 9s.; the money was put into the box, and after stopping a short time, Mr. Rosenbaum and his daughter asked me to leave an agreement with them, as they might get more passengers; I did so, and the next morning I made an arrangement to proceed to Mr. Ireland's; I went to his house about one o'clock on the Wednesday; I left a message that I was on business in the corn-market, and should be back at three o'clock; I returned, and saw Mr. M'lean; I left him full power in negotiate anything that might occur; I called at Mr. Ireland's again in the evening; I was taken into custody; I have not had opportunity to get a solicitor; under these circumstances I applied to traverse my trail, and had his Lordship granted my request I should have had not only a solicitor but a Counsel; I have been a master and owner of a ship the last three years; I commanded a ship for Mr. Soames in 1844.
M'LEAN— GUILTY .
GARDNER— GUILTY .
Transported for Seven Years
(There was another indictment against the prisoners.)
1273. CHARLES MADELL was indicted for stealing 1 dressing-case value 15s.; 1 pair of scissors, 1s.; 2 razors, 3s.; 2 brushes, 4s.; 1 razors strop, 1s.; 1 comb, 6d.; 1 looking-glass, 2s.; 1 knife, 6d.; 2 bone rollers 4s.; 1 pair of tweezers, 6d.; 1 nail-file, 1s.; and 1 bottle, 2s. 6d.; the goods of Samuel Ellett: and HENRY EDWARDS , for that he feloniously did incite, move, procure, counsel, hire, and command the said Charles Madell the same felony to do an commit.
MR. ROBINSON conducted the Prosecution.
SAMUEL ELLETT. I am a dressing-case maker, and live in Queen-street, City-road. On the 17th of April the prisoner Madell came to my house—he said he was a dressing-case maker, that he had a customer from Chelmsford, and he wanted some good dressing-cases—he said he wanted better goods than he had got—I sent my son with him with three cases—my son and Madell came back—he ordered five cases, three of one sort and two of the other, and asked if I had got some envelope-boxes—I said, "Yes"—he selected some, and four dressing-cases, and my son went him to show them—he returned with an order for once of the dressing-cases, which was to be sent to a public-house in Old-street—I told my son not to leave anything without the money, on way account—my son brought back the bag with the samples, and when I looked into it, there was once dressing-case short—I got the rest of the order ready, and at nine o'clock in the evening I went with my son to Baltion✗ street—I found Madell had left, and Edwards was about to leave—my son went into the house—he came out again, and said I was to go home directly, for Madell had gone to my house—we hurried home, and he had not been then—I said, "We must go and look after these men"—we went, and in going along, we saw the prisoner Edwards—my son said, "That is the gentleman that represent himself as Mr. Whiffin, from Chelmsford"—I stopped him,
and said, "Are you Mr. Whiffin, from Chelmsford?"—he said, "No. I am a Londoner bred and born"—I said, "Where there?"—he then said, "I came from Wales"—I said, "You have been looking at some dressing-cases"—he said, "I have"—I took him to my house, and he pointed out the very dressing-cases that they had been looking at—this is the card that Madell left me, and he wrote on the back of it the name of Whiffin.
Madell. Q. I represented myself as a fancy cabinet-maker; I believe you know that is true? A. No.—you were a perfect stranger to me—you said you had done business for respectable people—you named a person in St. Paul's—churchyard—I inquired there, and they do not know you—you mentioned the name of Whiffin—I asked you what trade he was, and what you dealt in—the second time you came you showed me a printed paper—you said Mr. Whiffin paid ready money—I considered I was dealing with Mr. Whiffin.
FREDERICK CLEMENT ELLETT . I am the son of Samuel Ellett. On Saturday evening, the 17th of April, I saw Madell at my father's house—I took some dressing-cases to Madell's house—he went there and said, "My customer, Mr. Whiffin, is at the public-house over the way—we will and see him"—we went to the Sir John Falstaff, in Old-street, and there I saw Edwards, and Madell there gave me a glass of ale—I do not think they had spoken together before he gave it, but they were standing close to each other at the table—the ale made me feel a sort of dizziness in my head—I never drank any other ale that had the same effect on me—when I had had the ale, they began to look at the dressing-cases, and I heard Edwards say, "Will you take 3l.?"—Madell said, "No"—they offered me some more ale, and they went our together—Madell returned by himself in two or these minutes, and said he would have five dressing-cases—he gave me this paper, and he said he would go back to my father, to know how soon they could be got ready—he went with me—he talked about Chelmsford—he said Mr. Whiffin was brother to Miss Whiffin, and that she was the principal person in the business—he said what a nice place Chelmsford was, and that Mr. Whiffin had his own horse and cart, and he wanted to drive down that night—I understood that he meant Mr. Edwards, the person I had seen—I had not heard him address Edwards by any name—when we got to my father's, the goods were looked out, and an order given to take some dressing-cases to Baltic-street—I took four dressing-cases and two envelope-boxes—when I got to Madell's house, he said, "My customer is here now, I will take them up stairs, and show them to him"—he took the bag up stairs, and brought it down in a few minutes—he gave me the bag, and said, "Bring the other dressing-cases at nine o'clock, to the public-house in Old-street"—I went home, and found one case was missing—I went at nine o'clock—Madell was gone—I saw Edwards standing at the bar—he said Madell was gone to our house—we went there, but could not find him.
Madell. Q. What time in the afternoon was it that I first had the dressing-cases? A. I cannot say—I should think between four and five o'clock—you did not say that Mr. Edward's name was Whiffin, but you talked of Mr. Whiffin in going along—you gave me a glass of ale—you drank out of another glass, not the same that I had—I went down stairs when I went into your house—you did not say you had got a case, and you would pay my father for that one with the others—I thought that one was in the bag, or I should not have left it—my father ordered me not—I brought the others, which were ordered, a little after nine—it was not more than a
quarter after nine—you did not tell me to bring a bill and receipt with them—I asked you if I should bring one—you said, "No"—you did not say,