CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 5TH, 1847.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 5th, 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; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Sir William Magnay, Bart; Michael Gibbs, Esq; John Johnson, Esq.; Thomas Wood, Esq.; Sir James Duke, Knt.; M.P., and William Hughes, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Serjeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARROLL, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 5th, 1847.
PRESENT—The Rights Hon. the LORD MAYOR; Mr. Alderman WILSON; Mr. Alderman GIBBS; Mr. Alderman HUGHES; and Mr. COMMON SERJEANT.
First Jury, before Mr. Common Serjeant.
GUILTY.— To enter into his own recognizances in 200l., not to repeat the offence.
1557. CHRISTOPHER WREN was indicted for stealing, on the 8th of May, a sovereign weighing-machine, value 3s.; 1 pair of scales, 3s.; 5 paper boxes, 7d.; 1 bottle of marking-ink, 4d.; 1 lancet, 1s.; 4 cakes of soap, 6d.; 2 bottles, 1s.; 1 stick of sealing-wax, 1d.; 1 box of pens, 2d.; and 1 case of court-plaister, 8d.; the goods of William Edwards, his master; and ELLENDER WREN for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM EDWARDS. I am a chemist, and live at No. 31, Goodey-street, Tottenham-court-road. The prisoner Christopher was in my service—I have missed a sovereign weighing-machine, a pair of scales, a lancet, some marking-ink, and other things—the lancet and other articles produced are my property, and what I missed—the female prisoner was in the habit of coming occasionally to my house—articles were frequently missed from my establishment—the prisoner Christopher sometimes acquainted me of the fact himself—he has come forward, and said such and such a thing was gone, or was stolen off the counter—I said to him one morning, in a pettish way, "It is a very extraordinary thing that these things were never stolen till you came into my place; I never missed so many things as I have since you have been here"—the female prisoner was in the habit of coming at that time—the articles were missed at different times.
ALFRED BUTLER (police-constable E 35.) The female prisoner took me to her house, No. 24, Frances-street, Tottenham-count-road—I there found various articles, which I produce—I did not take them at the time I took her, but afterwards, when I went to search her place—when I first went, it was with regard to another charge—she was not there when I took these things, and I never said anything to her about them.
FREDERICK GEORGE FOXALL (police-inspector.) I know Mr. Henry's the Magistrate's handwriting—I believe the signature to these depositions to be Mr. Henry's writing—(read—"The prisoner Christopher says, some of the boxes are my mother's, and some Mr. Edwards's; Bolton lent me the scales, and the bottle I found in the dust-bin, when the dust was being removed").
1558. ELLENDER WREN was again indicted for stealing, on the 26th of May, 2 towels, value, 3s.; 2 blankets, 14s.; 4 table-cloths, 7s.; 1 sheet, 7s.; 1 pillow, 1s.; 1 candlestick, 10d.; and 6 sticks of sealing-wax, 6d.; the goods of James Nixon.
JAMES NIXON. I am a boot-maker, and live at No. 24, Frances-street, Tottenham-court-road. The prisoner rented a ready-furnished room of me—in consequence of suspicion, and from missing things, I went into her room, and missed two towels, two blankets, a table-cloth, sheet, pillow, some sealing-wax, and a candlestick, which had been in the room when I let it—they have all been found but the pillow, and are all mine.
Cross-examined by MR. WILDE. Q. Did not you hear that she had taken them to the wash? A. She told me so—I went about with her for two hours—she took me up one street and down another, and could not find out any washerwoman—she said they were gone to Clapham—that was too far to go, and I gave her in charge—this broken candlestick is mine.
Prisoner. It is my own.
Prisoner. Q. Have I not taken it out again? A. Yes, it has been pawned and redeemed many times in the last twelve months.
FREDERICK GEORGE FOXALL (police-inspector.) This bundle of clothes was left at the station by a lad who said he brought them from the washerwoman—he proved to be the prisoner's son, and Mr. Henry did not like to blind him over.
Cross-examined. Q. Where did you get it from? A. My brother gave it me—I do not know where he got it from—I have had it for years—I have a lot which exactly corresponds with it, with the same maker's name—it has a particular mark on it.
(The prisoner put in a very long written defence, detailing a series of annoyances on the part of the prosecutor, and slating that the linen had only been sent to the wash, and that the sealing-wax had been given her two years since.)
(The prisoner received a good character.)
GUILTY.†* Aged 18.— Transported for Seven Years
1560. JOHN SMITH was indicted for stealing 9 yards of silk serge, value 27s.; 5 yards of buckskin, 2l. 3s.; 2 yards of woolen cloth, 2l. 3s.; 2 yards of doe-skin, 24s.; and 14 ozs. of sewing-silk, 1l.; the goods of George Brown and another, his masters, in their dwelling-house; to which he pleaded
GUILTY. Aged 20.— Confined Three Months.
GUILTY. Aged 14.— Confined Three Months.
CHARLES ORCHAND DAYMAN , Esq. I am barrister. On the 21st of June I was walking down Holborn with a friend—I found I had lost my handkerchief—I went back, in consequence of information from a policeman—we crossed over the street, near Ely-place—in the middle of the street the policeman left me, sprang forward, and when I got up to him, he had hold of the prisoner, with my handkerchief in his hand—it was the one I had, lost—this produced is it—there is a mark on it.
JOSEPH DALTON (City police-constable, No. 366.) I was on Holborn-hill about half-past nine o'clock, watching the prisoner and two more—I knew him—I saw two gentlemen coming down Holborn—I distinctly saw the prisoner go up and take the handkerchief from the prosecutor's right hand pocket—I passed by him for a moment, and told Mr. Dayman to come back with me—I saw the prisoner in the road, and took him into custody—he flung the handkerchief down on the pavement—this is it.
Prisoner. Q. Did you see me fling it down? A. Yes, and saw you take it from the prosecutor's pocket—I passed you about half a minute, and then saw you come out of Shoe-lane on to Holborn-hill—you picked the gentleman's pocket near Shoe-lane—you went a little way up Shoe-lane and turned back again.
Prisoner. I have worked six years for Mr. Cubitt, of Gray's Inn-road, and was never locked up.
GUILTY. † Aged 23.— Transported for Seven Years.
1563. JAMES HARRISSON was indicted for stealing 3 cwt. of lead, value 50s.; 1 metal tap, 1s.; 1 ball-cock, 3s. 6d.; 2 brass bolts, 2s. 6d.; 2 bell-cranks, 3s.; 6 fingers-plates, 12s.; 6 escutcheons 2s.; 6 brass knobs, 2s.; 6 yards of wire, 2s.; the goods of David Hickinbotham, and fixed to a building; and 5 gallons of wine, 7l. 10s.; and 30 bottles, 5s.; his property, in his dwelling-house.
DAVID HICKINBOTHAM. I live at No. 38, Trevor-square, Knightsbridge, and have a house, No. 4, Manchester-street, Marylebone. On Saturday night, the 12th of June, I applied for a man to take charge of my house, No. 4, Manchester-street—the prisoner was appointed—I gave him the keys—I told him I had a cellar of very fine old port, and cautioned him to take great.
care of it—I went away at seven o'clock—all appeared safe then on Monday morning I went again, and found the house was not opened—the prisoner was standing at the door—I waited till he went in—I then knocked, and he let me in—we then opened the house, after which I said if he would call again about twelve o'clock I would settle with him—I had agreed to give him a crown, if he took care of the property from Saturday till Monday—I then went down stairs, and found the back kitchen door, leading to the back yard, and the front door, unbolted—the padlock of the wine-cellar was torn off, and the Bramah lock was cut out to let the bolt up—I went to the police-office to acquaint Sergeant Rumball, who came with me and inspected the premises—I then found two or three cwt. of lead gone, and afterwards some brass bolts and six finger-plates, some brass hooks, some wire, and some of the old port gone—Sergeant Rumball found ten bottles hid on the premises—I know them—my name is on them—they ought to have been in my cellar—I have one burgundy bottle here, the same as one that was afterwards found in the prisoner's dust-hole—I had in the cellar burgundy, champagne, claret, and old port—I had been in the cellar, I think, about three or four hours before I gave him possession.
Cross-examined by MR. BALLANTINE. Q. Was not there a lady in your house when you applied to the prisoner? A. There was a woman who I wanted to get rid of, and Inspector Tedman employed the prisoner to carry her out of my house—I had applied for a policeman—I never heard of the prisoner till then—he took the woman out quietly in his arms—she never spoke—I could not get her out, because she was obstreperous—I had not agreed to give the prisoner anything for that job—he did it very well—I had asked one of the officers if I should be safe in trusting him—the woman been living in the house about seven months—she knew I had the port wine—I had told her to take care of it—I had the keys about me—I charged the prisoner with the theft before Mr. Rawlinson, who after hearing me and Sergeant Rumball, dismissed the case—the prisoner, after he found I had the brother-bottle, ran away—I was going to offer 100l. reward for him—the fellow-bottle was found in the dust-hole of the house where he lived—I then had him taken before Mr. Bingham at Marylebone—I know the house, No. 44, Charlotte-street, Portland-place, where Thomas Hawkins lives, who has a key of the lock of my street door—it will not open my door—it certainly belongs to my street door, but that lock has been nailed up seven months—he took the key away on the 30th of Jan., in the presence of a policeman—he had no access to the cellar—I understand the house in Charlotte-street is a very indifferent one—the police tell me it is a brothel—Hawkins came to No. 4, Manchester-street, and stole the key—I heard of his stealing it on the following day—that key does not open the cellar—it was a Chubb's latch-key I gave the prisoner—that had nothing to do with the large key that Hawkins stole—he did not break into the house to get it—he knocked at the door—the woman who had charge of the house let him in, and he took it—I do not know whether he was a friend of the woman's, but I think it will turn out he is a very indifferent sort of man—he had nothing to do with breaking into my cellar—the house was empty, with the exception of the cellar—before the woman was turned out of the house, I had been there every day, from ten till five, except Sundays—I put the prisoner in about seven o'clock on Saturday night—I left about half-past seven—I had turned the woman out about six o'clock—I had not been out of the house before that—I have not seen the woman here—I went to the station to fetch a policeman to turn her out, about ten o'clock on Saturday morning.
Q. Did you over employ that woman to sell lead for you? A. About twenty feet of lead had been blown or slipped off the back part of my house, it hung there a week or a fortnight—I employed her to carry it—she and I went with it to a shop in Marylebone-lane—it weighed seventy or eighty pounds—we got 14s. or 15s. for it—I was present when the ten bottle were found—they were hid in a back place, which we call the wash-house—they were full—I tasted the wine in those bottles, and believe it is mine—the bottle have my name on them.
SAMUEL RUMBALL (police-constable D 19.) I was sent for on Monday, and examined the wine-cellar—it had been broken open—I searched, and found ten bottles of wine in the wash-house—I went to the prisoner's lodging—he opened the door—I told him what was missing from the place where he had been—he appeared surprised—I said I must look over his place—I went up stairs with him, looked over the place, and found nothing to indicate either wine or bottles—I took him back to Mr. Hickinbotham, who asked him about it—he said he had not taken it, and denied all knowledge of it—I asked Mr. Hickinbotham id he would given him into custody—he declined doing so—we went down into the back kitchen with the prisoner—I asked him to get up and see if there was any wine or bottles of wine there—he got into the cistern, and found one empty bottle—I took him before Mr. Rawlinson four or five days after, and he was discharged.
Cross-examined. Q. Did not he come to the station, and ask you whether there was any charge whatever against him, and express his readiness to meet it? A. Yes, that was after the prosecutor had said he suspected him to stealing, and after he had denied all knowledge of it—he was given into custody on the Thursday—the bottle had been found in the cistern on the Monday—I have not heard till now that the key of the prosecutor's house had been in possession of another person—the prisoner did run away—he afterwards came to the station, and expressed his willingness to meet the charge—he said, "Well, I suppose it is the old story over again"—I took him into custody the second time.
STEPHEN CURTIS. I live in York-street, Manchester-square—the prisoner lodged in the same house—my father is the landlord. On Monday fortnight, from what my father told me, I went and examined the dust-hole—I found in it the broken bottle which I have here—I do not know whether it has any marks on it—when I showed it to the prosecutor, he said it was his—he compared it with another bottle, and it seemed to correspond exactly.
Cross-examined. Q. How recently before had you been to the dust-hole? A. Not for same time—I believe I found it on Monday, the 21st of June.
MR. HICKINBOTHAM re-examined. I compared the bottles together as soon as they were found, and they were as fac simile of this one when joined together—this is a burgundy bottle, the fellow to that which Sergeant Rumball found—it has the same sort of wax round it—to the best of my belief, it is mine—this is one that Sergeant Rumball found on the premises—they were all in the wash-house, except three burgundy champagne bottles in the larder—there were ten altogether.
FRANCES CURTIS. I am the wife of the last witness—the prisoner lodged in our house. On the Sunday I met him with his brother, and he was very tipsy—I observed the stairs were all wet with wine—it seemed red wine—I saw some bottle on the table—the place smelt very strongly indeed of wine.
Cross-examined. Q. Were you examined before Mr. Rawlinson, or on the second occasion? A. On the second occasion—I had not seen the prosecutor in the mean while—I had had no communication with him—I spoke to my
husband about this—I do not think anybody but me saw the bottles—my husband is a tailor—I do not know the house in Manchester-street, nor the woman that was turned out of it—I never saw the prisoner tipsy before that time—I believe he had lodged there several months—I did not go into his room when I saw the bottle on the table—I was passing by—I think there were several bottles—I do not know what time his brother went away.
SUSAN CRUMPLER. I am the wife of William Crumpler, and lodge in this house. On this Sunday afternoon I looked out of the window, and saw the prisoner at the door with a bottle in his hand—he appeared rather the worse for liquor.
STEPHEN CURTIS. re-examined. I am quite sure I found this bottle—I raked the dust-hole—my father is very infirm he had seen the bottle in the dust-hole a day or two before, because some days elapsed since the prosecutor had lost the property, and the time we found the bottles—my father had seen them and communicated the circumstance to me—he said he had seen a bottle in the dust-hole, and wondered who in the house could afford to have a bottle of wine—I believe he had not seen the prosecutor—he knew nothing of it till I mentioned the circumstance to him—I did not know my father had seen the prosecutor that day—I do not know where he did see him—he did not see him the following day to my knowledge—I did not see him till after I found the bottle—I had not seen him at all or had any communication with him whatever—I do not know whether my father had or not—I believe not—the dust-hole is common to every lodger in the house—they all have free access to it—there were several lodgers—I have made no arrangement with the prosecutor about my expenses—he told me of course I should get my expenses—he told me that, I think on the day we were at the office—it was not was before that—he might have told me that at the office—I cannot say whether it was before we went there, or in going along—I think it was in the clerk's office—I believe the inspector mentioned the circumstance—he asked me if I had incurred loss of time, and I told him certainly I had, and my wife also—that was after we were examined—if I did have a conversation with the prosecutor about my expenses, it was very slight—I believe the inspector mentioned it, and the prosecutor then said, "You will get your expenses for your loss of time"—he did not say how much—he said he did not know—I have had nothing at all from him, not to the value of one farthing—my father has had nothing whatever—he is not here—my father is paralyzed—he happened to observe the bottle when he went into the back yard—he was not able to pick it up—it was in an open place in the back yard—he told me about it—I did not go down at that time, not till the prosecutor called on us—the prosecutor did call on us—he saw my father first—I understood you just now to ask whether my father had been seen the prisoner—my father did not know the prosecutor previously—he saw my father the same day that I found the bottle, and before I found it—it was just previous—it was through the prosecutor coming that it was brought to light—my father had lost a little lead from the roof of his house, and there was a young man of the name of Newsom, a carpenter, who the prosecutor knew, he had informed him of my father's loss, and previous to that, my father nor any of us knew anything about the robbery at the prosecutor's—the prosecutor called and saw my father, and afterwards I found the bottle—my wife had told me about seeing the bottles on the stable previously—I do not know that she had told anybody else—my father is unable to attend—the inspector saw him, and said he ought to be excused—he told me he must dispense with his attendance.
MR. HICKINBOTHAM re-examined. The stolen key will not open my door, nor any part of my premises—I had been in the cellar about two hours and a half before, and everything was safe.
(The prisoner received a good character.)
ADAM SPIELMAN. I am a bullion dealer, and live at No. 10, Lombard-street. It is my dwelling-house, and is in the parish of St. Mary, Woolnoth—on the 22nd of Jan. the prisoner came into my office—I am sure he is the man—he asked to look at one of four gold chains which were lying in a tray in the window—I took out the tray, and showed him the chains—he took one—I took it to the scale to weigh it while he was looking at the other three, and in an instant he bolted out of the office, and I discovered a chain was lost—no one else could have taken it but him—I ran after him, but he was gone—on Friday week last the prisoner came again into my office, and asked to see one of the lever watches that was in the window—I immediately recognised him as the same man who had taken the chain—I whispered to my partner, who was behind the counter—the prisoner saw me do so, and he immediately ran out of the office, and ran through Pope's Head-alley, which is nearly opposite—I ran after him with my partner and shop-boy, all crying, "Stop thief"—he ran towards Cornhill, near the Bank of England the officer stopped him, and he was brought back to the office—I charged him with the case—he at first denied it—at last he said, "Now it is no use, it is done, and if you will look over it, I will try and be an honest man, you shall have the money," or something to that effect, or, "If you will be quiet, you shall have the money."
Cross-examined by MR. O'BRIEN. Q. Do you generally wear glasses? A. I do, but I am long-sighted—this was in Jan. last, in the evening, perhaps between four and five—the gas had been alight for some time—I gave a description of the prisoner to the police, as near as I could remember his features—I have a partner named Baugham—he does not live in this house, but at Greenwich—it is his house as well as mine—I live in it—there are servants in the house—I pay the domestic servants—some of our joint servants sleep in the house—I remember having seen the prisoner in the shop once before Jan.—I cannot say exactly when—I described him at the station to the inspector or one of the officers on duty—my partner is not here—I came up to the prisoner about the same time as the policeman, and took him back to the shop—I cannot say how long he remained there—I dare say it was an hour—the policeman was not there with him all the time—my friend Mr. Samuel was there—he had dropped in casually—the prisoner remained there during the time his father was sent for—he wished his father sent for—the policeman requested to go on duty, to Cornhill, as he was on duty there, and I kept the prisoner till his father arrived—I said, "I am surprised that such a respectable-looking young man as you should be guilty of such a thing as stealing a chain," and then he said, "I am very sorry for it, it is done, and if you will look over it, I will give you the money," or something to that effect—he did not deny it—he did deny it at first—he said, "Are you sure it was me?"—I consider that the same thing as a denial—I told him to give me up the chain or the money—I did not say, if he gave me up the chain and money there would be nothing more said about it—I did not
make him any promise—if I had got the chain or the money, I certainly should have kept him—the words he made use of were, "I will send for my father, and if you will look over it, if you will say nothing about it," as near that as possible, "you shall have the money, and I will try to be an honest man"—I had told him I wanted the chain—I said nothing about the money then—I said, "Let me have the chain or the money"—I kept him there till him father came—his father remained, perhaps, a quarter of an hour—the prisoner remained till his father's return—some policemen were at the door, and the other policeman returned repeatedly—the father went away, and was to come back again, but he did not—the prisoner was taken to the station-house immediately after the father went away.
JOSEPH SIMON SAMUEL. I was at the prosecutor's on the day the prisoner was there—the prosecutor spoke to him, and the prisoner said, "If you will look this matter over this time, I will endeavour to be honest in future."
Cross-examined. Q. How long were you in the shop? A. Altogether about an hour—I left for ten minutes out of that time—the prisoner was there all the time—there were several customers in and out of the shop—I did not know them—Mr. Spielman's partner was there—I rather think he had not the same opportunity of bearing what was said that I had—I cannot say that any one, except myself and Spielman, heard it—I believe there was something said about the money or the return of the chain—Mr. Spielman did not in my hearing say, that the prisoner had better send for his father, and let him bring the price of the chain—he did not say, "You had better give the chain up, and nothing more shall come of it; I only want the chain"—I remained till the prisoner's father came—I was not present at the interview—he beckoned to Mr. Spielman, I believe, and took him on one side—I did not hear what passed between them—they were talking together, perhaps, two or three minutes—I think the father expected to come back—I am not positive—I say that, because the prisoner waited there about fifteen minutes after his father went away—I did not accompany the prisoner to the station-house—I was in the house when he was taken by the policeman—that was from fifteen to thirty minutes after the father left.
GUILTY. Aged 28.— Confined Six Months.
NEW COURT.—Monday, July 5th, 1847.
PRESENT—Sir PETER LAURIE, Knight; Sir CHAPMAN MARSHALL, Knight;
Sir JAMES DUKE, Knight, Alderman; Mr. Alderman HUGHES, and EDWARD BULLOCK, Esq.
Fifth Jury, before Edward Bullock, Esq.
1565. JOHN PHILBEY was indicted for unlawfully assaulting Ann Philbey, and attempting to cut and wound her, with intent to do her some grievous bodily harm.—2nd COUNT, for a common assault; to which he pleaded
GUILTY to the 2nd Count. Aged 36.— To enter into his own recognizances in 50l., to keep the peace for two years.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
THOMAS PRICE. I am a butcher, and live at Enfield-highway. The defendant is also a butcher, and lives at the same place—on Monday morning, the 24th of May, about four o'clock, I was coming up to Londan, to attend Newgate-market—the defendant asked me to take up a body of beef for him—I agreed to do so—he told me to give it to a porter in Newgate-street, to deliver to Mr. Cotterell, a meat-salesman, in Newgate-market—the meat was wrapped up in four cloths, in four parcels, which is the usual way with meat sent to market—I brought it up, gave it to a porter, and instructed him to take it to Mr. Cotterell's—it had taken me about an hour and a half to come up—I arrived in London a little after six o'clock—I heard something from Mr. Cotterell, and I went to him—I found a small portion of the cloth was opened from one of the parcels of beef in Mr. Cotterell's shop—the other three parcels were hanging up in his shop—I examined the parcel that was opened—I saw the meat was not sweet—it was green—it was bad, and unfit for human food—I did not tell the defendant of it when I got back, not till night—the clerk of the market had been down, and told him before I got there—when I told him, he said he was very sorry indeed that he had sent it, and that he had sent it by me—I am not certain whether there was any thunder and lightning that day—it was excessively hot—it was Whit-Monday—I saw a small portion of the beef perhaps about ten minutes after I brought it up—it could not have got into that state in an hour and a half, I think.
COURT. Q. Are you sure it was the same? A. I had never seen it open, only the cloths—it was the same cloth—the defendant put it into my cart—it was exposed on the top of the cart.
JOHN PAYNTER. I am a porter in Newgate-market. On Monday morning, the 24th of May, the witness Price brought up a body of beef, and five or six other pieces of meat—I carried up one portion of the body of beef—my brother carried one—the first one I took, Mr. Cotterell would not have in his place, it stunk so bad—I considered myself that a mortification had taken place in it before it was killed—it was not fit for anybody to eat, only to be burnt.
JURY. Q. Do you suppose it died from disease? A. I considered it had had a hurt some time ago—I suppose I had a gallon and a half of corruption down my smock-frock, down to my shoes—I cannot tell when the meat was killed—this was about half-past six o'clock in the morning—I was covered with this corruption—I was obliged to go and wash at a pump.
JOSEPH COTERELL. I am a meat-salesman in Newgate-market. On Whit-Monday, the 24th of May, I received three parcels of beef from Paynter—he told me they came from a person named Belsham—I had had dealings with him about a year and a quarter before—I knew him to be a butcher, and he knew me to be a meat-salesman—the meat was in a very bad state—it was putrid, and not fit for human food—I would not allow it to come into the shop—Paynter said, "Will you allow me to fetch Mr. Price?"—I said "Yes"—I said to him, "What did you allow such meat to come into my shop for?"—he said, "I think it is only the hide"—I went, and found it was very bad—that could not have occurred on its journey from Enfield—in my judgment it was diseased before it was killed.
COURT. Q. Could you see it was bad directly you opened it? A. Yes—I could tell by its appearance and smell—I smelt it before I went into the shop—I would not expose the meat for sale.
examined it—I found two quarters outside the market, one lying on the pavement in Ivy-lane, by Mr. Cotterell's, and another in a cart in Newgate-street, not in Mr. Price's cart—it had been removed into another cart—I examined that on the pavement—it was the worst I ever saw—I have been beadle of the market for fourteen years—it was not the effect of the weather—it was diseased and corrupt—the back of the porter was in that state that he had to go to the pump and be cleansed from the liquid stuff that ran down his back—Mr. Fisher, the clerk of the market, condemned the meat—the case was stated before a Magistrate, who issued his summons for the defendant to appear—I went down and served the summons on him—he said he was not aware it was in that bad condition, he had given 18s. for it to some person in the neighbourhood, and he thought he should be able to get a sovereign—I should have thought that 18s. would only but a small part of the hind quarter of a good bullock—a good bullock would fetch from 30l. to 40l.—it is my duty to see all meat that the clerk of the market condemns—I had this meat taken down by one of the porters to the horse slaughterer's—it was disgusting to look at.
ROBERT FISHER. I am clerk and inspector of Newgate-market—in consequence of information I went to Mr. Cotterell's in Ivy-lane, on the 24th of May—I saw two quarters of beef in his shop, one on the pavement, and one in a cart—I examined them all four, they were in a very bad state indeed—I never saw worse in my life—they were not fit for food—I ordered them to be taken to the boiling-house.
RICHARD WHITEHEAD. I am in the employ of Mr. Atchelor, who keeps a boiling-house in Sharp's-alley, Cow Cross-street—on Monday, the 24th of May, the beef was brought by Mr. Fisher and Mr. Kentish—it was in a very bad state—it was boiled—I should not have liked to have dined on it—I would sooner have dined on one of the horses.
Prisoner's Defence. I saw nothing the matter with it; I did not know it was bad; it bled well; the party I bought it of asked 3l. for it; I would not give that; it was as sound as an acorn inside.
The prisoner received a good character.
GUILTY.— Fined Five Pounds.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
LUCK ANDREWS. I am nine years old—I live with the prisoners, who are my father and mother, at No. 5, Well-street, Cripplegate—on Monday, the 14th of June, I was outside the door—my father laid hold of me by the shoulder—I came into the room, and he gave me a slap on the side of the head with his closed hand—on Tuesday, the next day, he beat me about my body and about my eyes with his closed hand—my mother was present and saw it—my father hit me on the shoulder, and he tied my hands behind my back with a strap, from a quarter after five o'clock till about eight—my mother was present then—I was not kicked by anybody—on the Wednesday my father beat me—he hit me in the side, nowhere else—my mother was present then—I did not hear her say anything to him about beating me—I was beaten a good many times in the month of June, not quite every day—there is a dark cupboard in the room—I was once shut in that, by my mother for about ten minutes—they gave me enough to eat—I was sometimes kept
without food—I used to be kept without my breakfast—I have been kept without food a whole day—that is a good while ago—I was kept without food from Friday night till Saturday at tea-time—sometimes food was given me by the neighbours—I was very much when hurt when I was beaten in that way—I screamed out—I have been pulled by the hair of my head by my father—he did not do that often—he did it once—that was on the Monday when I was outside the room—he pulled me into the room by my hair, and then beat me when I got into the room.
Cross-examined by MR. HORRY. Q. Where have you been staying since you left your father? A. I was at the workhouse for a week—I went to the hospital—there is a person here who has been with me this morning—I was with her on Friday, outside the Justice-room—she was talking to me about this case for about an hour, talking all about my father and mother—I told her what I was to say, and she told me what I was to say—she did not tell me to say my father kicked me—she told me to speak the truth—to say my father ill-used me—she told me I must tell that he pulled me in by the hair of my head, and to say he struck me with his fist several times—she said I was to tell the Judge I was kept without food, and I said I would—she has been telling me the same things this morning—I was kept without food from Friday till Saturday evening—I had not taken some fat pork, and made myself ill—I took some fat out of the plate—I was very ill on Saturday, and my mother gave me some medicine, that was the only time I was kept without food—she gave me some bread and butter, and tea in the afternoon—she was very attentive to me after she had given me the medicine—my father has complained of me for stealing the sugar, and two or three other little things—I was not doing anything when he came out and took me into the room—I was not out of doors, I was in the passage—Miss Sims was not there—she lodges up stairs—I have seen her two or three times a day—I have seen her when she has come home, and in a morning—she has taken me into her room, and given me bread and butter—she has not given me cakes, or anything of that sort—I did not fall down stairs—I fell against the bedstead on the Tuesday—I was very much hurt with the fall—I struck the front of my face against the corner of the bedstead—my father slapped me with his open hand once on the Monday, and once on the Tuesday—he had not complained that I had been taking any of his halfpence—they have been obliged to lock up the meat, the bread, the butter, and so on, to keep me from taking them—my father has been very angry with me for taking them—I recollect my mother expecting Mr. Lucas, my father's landlord, to come—there was a knock came to the door, and I was put into the cupboard—I was not clean at that time—I was rather dirty—my mother told me to go into the cupboard, and not let Mr. Lucas see me so dirty—my mother has not gone out lately to work—she did last year—she took me with her every day—she worked at shirt work—I came back at night with her—she always kept me very clean—she was very particular about my dress, and my face and hands.
MR. RYLAND. Q. You have been talking about Miss Sims, do you mean Miss Simons? A. Yes—she is the lady I was with this morning—the day Mr. Lucas was coming, I was put into the cupboard—I had some bruises about my face, and my mother told me to go into the cupboard that Mr. Lucas might not see me—when I hurt myself against the bedstead, I was running away from my father—he was hitting me, and I ran against the bedstead—I used to take bread and butter without my mother's leave when I was hungry.
ANN SIMONS. I am single. I occupy rooms in the same house with the prisoners—I know this little girl, Lucy Andrews—I have not been advising her what to tell here to-day—I advised her to tell the truth—I did not require her to tell what had passed between her parents and her—I knew it from my own observation—during the month of June she was beaten by one or other of her parents every day—I have seen it, and heard her screams—towards the middle of June her person was very much bruised, and she sometimes had black eyes—I have very seldom talked to her—I have done so, at the first of her coming, because she used to fetch my mother's errands, when she was ill in bed—in consequence of what the child has said, I have given her food out of the window—I did not know which way to give it her—she ate it very eagerly—the policeman came and removed her on a Wednesday—I had not seen her since the Sunday morning—she was not bruised that I saw then—I had heard her cry between the Sunday and the Wednesday, before seven in the morning—she looks now as if she had six pounds more flesh on her bones than she had then—there is a very great improvement in her.
Cross-examined. Q. If the child says you have been telling her what to say she says what is not true? A.. It is not true—I have had no conversation with her about the case at all, only to tell the truth—I have not told her the details of the truth—I have not mentioned a word that she was to say about her father slapping her—I have seen her beaten occasionally up the stairs and down the stairs, and I have seen her father beat her at seven o'clock in the morning in his shirt—I live up stair—I have had no quarrel with Henrietta Andrews—I only advised her not to beat her child, in consequence of which she abused me.
COURT. Q. Did you ever see her beat her? A. Yes—I never saw them both beat her together—I have known her mother to be in the room when her father has beaten her—I have heard them both to be in the room—I have heard the child scream violently.
MR. HORRY. Q. Has not Mrs. Andrews complained to the landlord about you, that after she had cleaned her landing you would persist in beating your carpets and mats over it? A. I never did it—I know the landlord told me, when I went to pay my rent, that Mrs. Andrews made complaints of me for interfering with her correcting her child.
MR. RYLAND. You advised her not to beat her child? A. Yes—I have done so many times—I told her I would complain to the landlord about it—she was angry because I interfered with her beating her child.
SARAH JOHNSON. I am married, and live at No. 18, Well-street, directly opposite the prisoners—it is a narrow street—I can, from my window, see on their landing-place. On Monday evening, the 14th of June, I was standing at my window, and the window of their room being open, I saw the child standing crying on the landing-place—I saw her father pull her into the room and beat her with his fist—his wife was in the room—she saw us looking, and she shut the window, and pulled the blind down—the father was beating the child with his fist about the head—I have lived about three months where I do.
JANE WHITE. I and my husband live in the same house with the prisoners—I know this little girl. On Tuesday, the 15th of May, I heard her screaming—she and her parents were in the room—I saw the father and mother, and heard the child scream—I went from my door and rapped at their door—I asked them not to beat the child again—the woman was very civil, and said the father was not beating her—the father said he was correcting
her—I said, "Pray do not beat her any more"—on other occasions I have seen the child, and taken notice of her appearance—she is a poor little creature—I had seen a bruise once before on her face—her mother told me she had fallen on the pavement—on the next morning after I heard her cry her eyes were both blackened—(I have two noisy children myself)—her father beat her so on the Tuesday, that on the Wednesday I went for the policeman—I saw the child on the Wednesday, but not undressed—her eyes were black, and her hands were swollen, and there were bruises on her left shoulder—I scarcely know in what state of dress and cleanliness she was—I went for a policeman, because I thought it right she should be removed—her appearance to-day is much better.
MARIA PINOVER. I am married, and have two children. I live in the parlour and the top part of the house in which the prisoners reside—they occupy the second floor—I know this child—I have heard her scream—it was for thieving, as her father and mother said—I have heard the mother say, "Do it," when the father has been doing something to the child, but I do not know what he has been doing—I have heard the child say, "Oh father, do not beat me! pray do not beat me, my side hurt me!"—I saw her afterwards down in the kitchen—she said to me, "Oh Mrs. Pinover! my father has been kicking me"—I did not look to see if she had any bruises—I saw she had a black eye—she told me her mother gave it her—I have heard her cry and groan in the room—she did not appear well fed—I have fed her myself—she told me she was starved—she flew round my neck, and asked me for bread and butter, and when I gave it her she has run into the cupboard and eaten it as fast as ever she could—that was when her mother was tipsy—I recollect her being thrown down stairs by the mother—that is nearly four months ago.
JOHN LEWIS (City police-constable, No. 59.) In consequence of information I went to the defendant's house—I found the mother at home—I asked to see the child—she went and unlocked the cupboard door, and said, "Lucy, come out"—the child came out—it was a dark corner cupboard in the father end of the room from the window—it was used to put coals in—there was not room for the child to lie down in it, she could just stand in it—she was very dirty and filthy, all over bruises and very thin—I asked to see the father—the mother fetched him, and he came—I asked him how it was the child was in that bruised state—he said he could not help it, he could not restrain his temper, she was a very wicked child, she was such a thief—I said, "What does she thieve?"—he said, "She drinks the milk"—I said "You must expect the child to drink it she is thirsty"—I said I should feel it my duty to take him into custody, and I did so—I took the child to the surgeon, and then to the workhouse—I have seen the child to-day—she is quite altered for the better—she is the same child, but any one would scarcely know her.
GEORGE BORLASE CHILD. I am a Member of the College of Surgeons, and surgeon to the Police force—this child was brought to me by Lewis—I stripped and examined her—there were bruises in various parts of her body, about the face, about the trunk, and about the legs—she was very much bruised all over, very much emaciated and reduced in frame, so much so that every born could be traced in the body—I could not trace any disease in the body—my opinion was that it was from want of proper sustenance—I gave the child something to eat and drink—I thought that was the best medicine I could give—she was taken to the hospital—I have seen her to-day, she is much stouter and better than she was.
Cross-examined. Q. You say the child was very much emaciated? A. Yes; if a child were to have plenty to eat and drink, and then to take other things, I should say good living would overcome it—far pork would not make a person thin—there is a great deal of nourishment in pork—if a child took what was improper, it would make it ill temporarily, but would not emaciate it—if a child had enough given to it, and then took what was improper, and was then put in a hospital and had nothing but what was fit for it, it would get better.
MR. RYLAND. Q. Did the child appear half starved? A. It did—eating and drinking would not produce the bruises.
JAMES DAVEY RENDLE. I am house-surgeon at St. Bartholomew's Hospital—this child was brought there on the 18th of June, on account of various bruises in different parts of the body—she was very thin, but had no disease that I could find—she has got better on good diet.
(John Andrews received a good character.)
JOHN ANDREWS— GUILTY. Aged 31.— Confined Six Months, and to find securities to keep the peace for One Year.
HENRIETTA ANDREWS— NOT GUILTY.
GUILTY.— Confined Two Months, and to find security to keep the peace for One Year.
1569. THOMAS JONES was indicted for stealing 6 pairs of leather fronts for boots, values 1l. 6s., and 6 pair of leather grafts for boots, 14s.; the goods of Julius Schweder and another; to which he pleaded
GUILTY. Aged 40.— Confined for Four Months.
The prisoner received a good character.
ALFRRD NELSON WICKS. I am parish clerk of St. Edmund the King and Martyr, in London. I produce the marriage-register of that church, by which it appears that John Cook, bachelor, and Ann Mills, spinster, were married in that church, on the 5th of March, 1846.
THOMAS JEREMIAH BIRCH (City police-constable, No. 563.) I was present at that marriage—the prisoner was one party, and John Cook, a policeman, was the other—I saw them married—this is my signature to this register.
Cross-examined by MR. ROBINSON. Q. Do you know the prisoner? A. Yes, I have know her for some time—I have seen Blake—I did not know him before this marriage—I have heard that he was tried at this Court and imprisoned for twelve months—I believe Cook, her second husband, was the officer who took her first husband when he was tired and imprisoned.
JOHN PERKINS. I am a weaver, and live in Waterloo-town. I know Thomas Blake—I saw him three or four days ago, and I have seen him today in this Court—I remember his being married on Michaelmas-day, 1834, to the prisoner, at Stepney church—I was present, and gave her away.
Cross-examined. Q. You have no doubt about the persons? A. Not the least—I have known them since—Blake was tried on a charge of felony, and imprisoned twelve months—Cook was the policeman who apprehended him—I do not know who gave the prisoner in charge—her first husband lived
with her and this second husband in one house since he came out of prison, but it was unknown to Blake that they were married—he told me he knew nothing at all of their being married—I do not know who received Cook's wages as a policeman—I did not know that the prisoner received them.
GUILTY Recommended to mercy by the Jury.. Aged 29.—— Confined Four Months
WILLAM HOLGATE. I live at Staines, and am a coal-merchant—the prisoner was in my service. At a little after six o'clock in the morning of the 30th of June, I heard something in my lane which leads to the coal-wharf—I looked out of the window, and saw the prisoner and the policeman in the lane—I put on my clothes, and went down and found the prisoner and the policeman, and about 100 yards lower down in my yard I saw a barrow with a sack and some coals in it—the sack was mine—the coals I do not know—I deal in such coals—the prisoner was my agricultural servant—he had nothing to do with the coals—he, of course, had to go down the yard occasionally—I gave him into custody.
Prisoner. I was not going to steal the coals; the cook ordered me to take coals and wood into his place; I took them in mornings and mornings for her.
GEORGE HILL THYER (police-constable T 187.) I was on duty in Staines a little before six o'clock on the morning of the 30th of June, near the prosecutor's, and heard a shovel move on his premises—I looked round, and saw the prisoner putting coals into a sack on the wharf—he did not weigh the coals—I followed him about 200 yards, and stopped him—he said he was going to take them to the foreman—I asked where the foreman was—he said, "In the stable"—I went there, and there was no one there—the fore-man was not on the premises—I took the prisoner to the station—this is the sack.
MR. HOLGATE re-examined. This is my sack, it is one of my marking—the prisoner was not in the habit of taking coals of the cook—I have ordered that my coals should not be moved till seven o'clock, and this was before six.
OLD COURT, Tuesday, July 6th, 1847.
PRESENT—Mr. Alderman GIBBS, Mr. Alderman HUGHES, and Mr. COMMON SERJEANT.
Second Jury, before Mr. Common Serjeant.
GUILTY.* Aged 28.— Transported for Seven Years.
1573. EDWARD BIRD was indicted for stealing, on the 26th of June, 1 coat, value 3l.; 2 printed books, 15d.; 1 card-case, 3d.; 1 pair of gloves, 1s.; and 1 key, 2d.; the goods of Francis James Hartridge.
FRANCIS JAMES HARTRIDGE. I am a clerk, employed at No. 14, Gresham-street. On the 26th of June I had a coat there, hanging up behind the door—I saw it safe at one o'clock, and afterwards missed it—this now produced is it—it had in the pockets two books, a card-case, a pair of gloves, and a key, which are here now—they are all my property.
JAMES BEST. On the 26th of June, a little after four o'clock, I found the prisoner coming down the passage of the office of the Great Northern Railway, in Moorgate-street—I stopped him, sent for a policeman, examined his bundle, and found it contained this coat.
Prisoner's Defence. I am an artist, and came to London about three weeks ago. On the day in question I met a Jew on Tower-hill, with a lot of clothes; he asked me to buy a coat, and I bought this one of him for 15s.; he had these other things rolled up in a handkerchief, which he wanted a few pence for; I said I did not want them, and he gave me them; 1 than went into a coffee-shop, where I saw a gentleman, who told me he would give me a job if I came to the Great Northern Railway-office in Moorgate-street; I had two or three glasses of gin and rum; I went there, and went up stairs; he had told me he came out of the secretary's office, on the second floor; I knocked, and got no answer, and was returning down again, with this coat on my arm; then this gentleman stopped me, and asked what I had; I said I had come from the secretary's office; he asked if I had any papers; I said "No;" he took me down stairs; I inquired for a gentleman named Johnson, which was the name the gentleman had given me; a policeman came, and took me to the station; I had another coat, for which I gave 1s.
GUILTY. Aged 19.— Confined Nine Months.
(There was another indictment against the prisoner.)
GEORGE SCOTT (City police-constable, No. 560.) I have been in the force about seven years—about half-past six o'clock, on the 24th of June, I was on London-bridge, in plain clothes, and saw the prisoner take a handkerchief out of a gentleman's pocket, put it into his breast, and run across the road—I followed, and took him into custody—(I had previous to that seem him attempt to pick several gentlemen's pockets)—I took the handkerchief out his breast—this is it—it is the same colour as the handkerchief I saw him take—the gentleman went down the steps, or into some house, I gave the prisoner into custody to another officer, and ran after him, but could not find him—I have not been able to find who he is.
Prisoner. Q. Why did not you take me into custody when I picked the gentleman's pocket? A. Because you ran across the bridge—no policeman was near me at the time—I gave you in charge to anther man.
Prisoner's Defence. Does it stand to reason I could pick a gentleman's pocket in daylight, and no one but the officer see me? I bought the handkerchief down the lane on the Sunday morning, for 15d.; he said at the station-house he did not know whether I took the handkerchief out of the gentleman's pocket or not; I was going home to my sister's; the policeman was
six yards before me; I saw him; if I had taken the handkerchief I should have run away.
GUILTY.** Aged 20.— Transported for Seven Years.
1575. EDWARD HARRIS, alias Hewish , was indicted for stealing, on the 10th of June, 1 fork, value 17s.; and 1 spoon, 8s.; the goods of Secundus Bancroft White Butterfield: and WILLIAM TRUDE for feloniously receiving the same, well knowing them to have been stolen.
MR. O'BRIEN Conducted the Prosecution.
MARY BRIANT. I am cook to Mr. Secundus Bancroft White Butterfield, who lives in York-place, City-road. I know the prisoner Harris—he was in service there, and then went by the name of Hewish—he left on the 30th of March—he has called there since—the last time he came was on Thursday, the 10th of June—he then called about five o'clock, to see the servants—he did not remain long—I know this spoon and fork produced—they are my master's property—there is a crest on them—I am in the habit of seeing them—I do not knew when they were missed—I did not know they were missed till the policeman brought them, on the 12th of June—the spoons and forks were then counted, and these two were missed.
Cross-examined by MR. PAYNE. Q. How long was Harris in the services? A. He came on the 14th of Nov., and was there about six months—my mistress had a good recommendation with him—my master's name is Secundus Bancroft White Butterfield—I have seen that name on letters and papers that he has had on parish business—I have heard him say that that was his name—he is an invalid—I do not recollect when he told me that that was his name—I have heard him say it in the room—Mrs. Butterfield calls him "Bancroft"—I have seen "Secundus Bancroft White Butterfield" written on papers directed to him on parish business.
MR. O'BRIEN. Q. How long have you been living there? A. Three years and a half—there are two different crests to the spoon and fork—a lion and a griffin's head.
THOMAS RICHARDSON. I am a pawnbroker, and live in Jordan-street, Bryanaton-square. The prisoner Trude came to my shop on the 11th of June, about half-past seven o'clock in the morning, and asked if we bought old silver—I asked what it consisted of—he said, "Spoons and forks"—he asked what price we gave for it—I said it depended on what it consisted of—he said a friend of his had some outside—he then left the shop and returned with a spoon and fork—no one returned with him—I sent for a policeman and gave him in charge—I desired the policeman to accompany him to the person outside—he brought both the prisoners back—I asked Harris his name—he said it was Thomas Harris, and that he lived at No. 23, Earl-street, Edgware-road—he said the spoon and fork were his mother's, who lived in some part of Devonshire—the prisoners were both given into custody
Cross-examined. Q. Where was it Harris said that it was his mother's? A. In the shop, when they both returned with the policeman, and in the presence of the policeman—I kept Trude in conversation while I sent for the policeman—it is not unusual for persons who pledge honestly to give a false direction, but these things were offered for sale.
JOHN GRAINGER (police-constable D 21.) On the morning of the 11th of June I was fetched to Mr. Richardson's—I heard Harris give his direction—I went to No. 23, Earl-street, East and West, and they were not known
there—I took Harris to the station, and he said, "It is no use deceiving you, we live at No. 2, Short-street, Westminster," and I found that they did live there—I know Mr. Rawlinson's writing, and believe the signature to these depositions to be his—(read—"The prisoner Harris says the plate is mine; I brought it from Devonshire; my name is Hewish; I did not like to pawn them in my own name; we did not want the pawnbroker to know where we lived.")
(The prisoners receiving good characters.)
HARRIS— GUILTY Recommended to mercy by the Jury and Prosecutor.. Aged 21.—— Confined Three Months
TRUDE— NOT GUILTY.
GUILTY . Aged 20.—Recommended to mercy by the Prosecutor.— Confined Three Months [SENTENCE ALTERED: SEE SUPPLEMENTARY INFORMATION AT THE END OF THE SESSION
GEORGE WRIGHT. I am an engineer, in the service of Messrs. John and Alfred Blyth, of Limehouse. The prisoner was in their employ—we have lost a good many chisels and punches—these now produced I have examined, and believe them to belong to Messrs. Blyth's—they have all been lost.
ROBERT CRICKMERE. I am an engineer. On the morning of the 14th of June, these tools were brought to my shop, and offered for sale, by a person about the height of the prisoner—I cannot say exactly that he is the person I bought them of—there are twenty-three of them—these brasses were not among them—it is usual in our business to buy things of persons we do not know—it is very common for persons giving up business to part with their things.
Cross-examined by MR. BALLANTINE. Q. Is there anything remarkable about these things? A. Yes, the name of Blyth is on two of them, and I sent them off to Messrs. Blyth directly I saw that.
COURT. Q. Do you know whether the prisoner is the man or not? A. Not positively, I believe him to be the man.
Cross-examined. Q. Was there anything you noticed him particularly by? A. Yes, his face and dress.
(The prisoner received a good character.)
GUILTY. Aged 30.— Confined Three Months.
LUKE ROGERS. I keep a booth, and go about to fairs—the prisoner was in my service. On the 10th of June last we were on Hampton race-course—at night, when we done, we were packing the things up, and he absconded
with a blunderbuss—I asked Mrs. Parish where it was—she said she had told the prisoner to take it to the wagon—I followed him to London, and found he had left the blunderbuss at the Broad Arrow, I have not seen it since.
Prisoner. I have had ill-usage from him, and been knocked about, and could get no money. Witness. That is not so.
JAMES WHITE. I am potman at the Broad Arrow—I know the prisoner. On the night of the 10th of June he came to me with a blunderbuss, and asked me to take care of it till the morning—I put it away till the morning.
JAMES REEVE (police-constable C 95.) I took the prisoner into custody on the 23rd of June—I went into a coffee-shop, and said, "I want you"—he looked at me—I said, "I suppose you know what for?"—he said he did not—I said, "Do you recollect being with Luke Rogers at Hampton races?"—he sat a moment, and said, "Yes"—I said, "Do you recollect anything concerning a blunderbuss?"—he never spoke—I said, "You must come with me to the station"—I know Mr. Broughton's handwriting—this is it—(read—"The prisoner says, 'I took the blunderbuss, and sold it, and I am very sorry for it.' ")
GUILTY. Aged 18.— Confined Ten Days.
1579. WILLIAM JACKSON was indicted for stealing 1 metal tap, value 18d., and 4 ounces of copper, 2d.; the goods of Zephaniah Deacon Berry; and JAMES DRUCE for feloniously receiving the same, well knowing them to have been stolen; to which
JACKSON pleaded GUILTY. Aged 18.— Confined Three Months.
MR. BALLANTINE conducted the prosecution.
ZEPHANIAH DEACON BERRY. I live at 3, Victoria-road, Pimlico, and am an ironmonger—the prisoner Jackson was in my service as errand-boy—I have missed property from time for some time past—I have taken stock and find I have been robbed to the amount of 285l.—I charged jackson with robbing me—he said he should never have robbed me if it had not been for Druce—he gave me information, in consequence of which I had Druce taken into custody—his house was searched, but nothing was found—a piece of a copper bolt was found on him, it is of very trifling value—I have the corresponding piece here, which was cut off by my foreman—I swear it was cut off a piece on my premises—the ends have been altered since, it has been hammered at the ends, but there is a flaw running down the centre, and a million pieces of copper might be produced without such a flaw being found.
WILLIAM JACKSON , (the prisoner.) I was in the service of Messrs. Berry—I had known Druce for three or four weeks before I was taken into custody—I only knew him by going through Eaton-lane, where his shop is—about a month before I was taken, I wanted some ginger-beer, I saw Druce at that time—he knew where I was living—he said to me, "If you can get a bit of brass now and then I will buy it of you"—the night before I was taken, about twenty minutes past eight o'clock, I took two candlesticks to his shop—he gave me 8d. for them and a tap at the same time—I know these two pieces of copper very well—I was in the back shop one night and cut off the smaller piece with a chisel—I put it into my pocket, and sold it to Druce—that was about two months or three months ago.
weeks from this time—I inquired of Jackson about it—it appears to have been cut off by a chisel—I never saw Druce at the shop to my Knowledge—he could not have purchased this.
Cross-examined by MR. CLARKSON. Q. I think you said you saw it six weeks ago? A. Five weeks.
DRUCE— NOT GUILTY.
GUILTY. Aged 64.— Confined Six Months.
MR. HUDDLESTON conducted the prosecution.
CHARLES FREDERICK FIELD. I am one of the inspectors of the Dock-yard police—I was on duty on Saturday, the 26th of June, and in consequence of information I received, I directed a watch to be kept on the people belonging to the ship Acron—I do not know whether they were assisting to load the stores at the Trident, but I saw the people belonging to the Acron coming up from the yard, and I said, loud enough to be heard by them, "Stop the Acron people, and search them thoroughly"—the prisoner was one of the Acron people and on my saying that, he stepped back and went to run down the yard—the sergeant, and I called out after him, and the sergeant caught him—I saw him searched, and saw something taken from between his blue shirt and his white shirt—I think it was a copper ring-bolt belonging to a gun—I afterwards went with the sergeant, and compared it with a screw on the deck of the Trident—I tried it, and it fitted exactly—it is worth about 3s.—it is the property of her Majesty—the Trident is one of the Queen's ships in commission—I fitted it into the Trident, and have not the least doubt it belongs to it.
Prisoner's Defence. I was working on board the Trident with fifteen more shipments; we had to clear out some dirt; I shot a sack full of dirt on the dirt heap, and there I picked up this copper bolt, and not knowing it to be marked I took it.
(The prisoner received a good character.)
GUILTY. Aged 28.— Confined Three Months.
MARY ANN BOUCHER. I am single, and live at 8, Devonshire-buildings, Shoreditch—on Monday, the 22nd of June, at a quarter-post two o'clock, I met the prisoner—he asked me where I was going—I said, "Home"—he said he would go with me—I said, "Very well"—we turned down Essex-street in Kingsland-road—he said he had no money—I said, "Then you can't go home with me"—he directly said he would, or he would have his will of me, and he knocked me down directly, took my shawl, and ran away with it—as soon as I could get up I saw the prisoner running and a policeman—the policeman had the shawl under his arm—this now produced is it—I am quite sure of it.
Cross-examined by MR. BALLANTINE. Q. He said he would have his will of you? A. Yes, before he knocked me down—he did not hit me hard—it was with a push on my bosom—it did not hurt me—he snatched my shawl off, and ran away with it—as soon as I got up he was away, with the police-man after him—he dropped the shawl—I did not ask him to go with me—(the witness's deposition being read stated, "I asked him to go home with me")—I do not know exactly whether I did ask him to go home with me or not—when he said he had got no money he said would have his will of me—I did not say I would have my will of him—I did not put my arms round his neck, nor into his pocket, nor get near his pocket—we were very close together—after he was taken into custody he said, "Ah, you never said anything about the shilling you stole from me"—I was searched at the station—he did not say, "If you will not give me the shilling I will take your shawl"—I had had a drop, I was not to say quite sober, nor yet drunk—this was between two and three o'clock in the morning.
JOHN SAYER (policeman.) I saw the prisoner and prosecutrix walking together—the prisoner had his arm under shawl, seemingly very loving—they walked up to a door, stood eight or ten minutes, then returned towards Kingsland-road, when I saw him Knock the prosecutrix down, and take her shawl off with his left hand and run away, I ran after him—she cried, "police! stop thief! you have got my shawl!"—I said I knew he had, for I saw him steal it—I saw him drop it—I ran round the corner, about thirty yards farther, and took him—this is the shawl.
Cross-examined. Q. How did he knock her down? A. With his right hand—I was not twenty yards off—I was able to see it very distinctly—he hit her somewhere on the breast—I cannot say whether it was with his double fist—it appeared to be done violently, so much so that he knocked her down—they were walking before—he did not go any distance from her to strike at her; he struck at her, and down she went—it appeared to be with all his force—after he was in custody he said that she did not say anything about talking the shilling out of his pocket—she said, "I did not, and you nothing found on her but a halfpenny"—2d. was found on him—I had never seen either of them before, to my knowledge—they had both been drinking a little—I cannot tell whether she was sober or drunk—she seemed more flurried than drunk—I knew she had been drinking by the smell of her breath—she walked alongside of me, close to me.
1583. HENRY WILLIAMS was indicted for stealing 3 gowns, value 40s., the goods of William Hay; 2 coats, 5l.; 2 waistcoats, 30s.; 1 scarf, 6s.; and 2 shirts 8s.; the goods of William Wright; and 1 gown, 8s., the goods of Sarah Massey, in the dwelling-house of the said William Hay; and EMMA SMITH for feloniously receiving the same, well knowing them to have been stolen.
MARY WRIGHT. I live with my father, William Hay, at No. 4, Good-man's-court, Wapping; it is his dwelling-house. On Saturday morning, the 6th of June, about half-past ten o'clock, I went to my drawer, and missed two coats, two waistcoats, and two shirts of my husband's and four gowns, one of my mother's two of my sister's, and one of a cousin's, Sarah Massey—the dress belonging to my cousin has been found—I knew it, and can swear it is hers, it was lost out of the drawer—I had to attend the Police-court
same time afterwards, and saw Smith there with the dress on—I recognised it, and told Potter I thought one of the dresses that was stolen, was on a young woman in the Court—he asked her how she came by it—she said she would not satisfy him—I am sure this is my cousin's dress.
Cross-examined by MR. PARNELL. Q. You lost it on the 10th of June, and saw it on Emma Smith on the 22nd? A. It was eight days afterwards, when I was before the magistrate.
LOUSIA HAMMOND. I know the prosecutor's house. On Saturday, the 5th of June, I saw three persons turn round the corner with some clothes hanging over their arms—I can only swear to Williams—I am sure he is one of them—it was between ten and eleven o'clock, I think—they were coming in a direction from Mrs. Wright's—one of them dropped a satin waistcoat with flowers on it.
Cross-examined. Q. You had never seen either of them before? A. No.
WILLIAM CHARLES POTTER (policeman.) When before the Magistrate, the witness Wright charged Smith with having the gown on—I asked her how she came in possession of the gown—she said she should not satisfy me—the prosecutrix said, "It is my niece's gown"—the prisoner said, "There are other gowns like it"—she said, "It is my niece's, I will swear to it"—I asked Smith where she lived—she said she would not satisfy me.
1584. HENRY WILLIAMS was again indicted, with JOHN JONES , for stealing, at St. Paul, Shadwell, 1 coat, value 2l. 10s.; 1 pair of trowsers, 1l.; 1 waistcoat, 7s.; and 1 handkerchief, 6s.; the goods of David Watson: and 1 coat, 2l. 18s.; 1 pair of trowsers, 1l.; and 1 handkerchief, 3s.; the goods of John Watson, in his dwelling-house, and that Williams had been before convicted of felony.
AGNES WATSON. I am the wife of John Watson, and live in Mary Ann's place, Shadwell. On the 7th of June, about six o'clock, I missed two suits of clothes, with the exception of one waistcoat, all the property of David Watson, and a pair of trowsers and handkerchief of John Watson's, which I had seen safe on the sofa in my dwelling-house, between ten and eleven in the morning—I found a key in the parlour when I came home, and the things all gone—I have not seen any of them since.
Cross-examined by MR. PARNELL. Q. I believe you left a little boy in the house? A. Yes, my youngest son, William Bailey—he is eleven years old, he is not here.
MARY DEAN. I am the wife of John Dean, and live at No. 6, Leading-street, in sight of Mrs. Watson's. On the 7th of June last, between one and two in the day, I was looking out of the window—my daughter said something to me—I turned, and saw three lads, coming from Mary Ann's-place, with a large bundle, wrapped up in a reddish silk handkerchief—they came right across Mary Ann's-place, towards fox's-lane—Williams took the bundle from the one not in custody—he put it under his arm—in going along I saw something dark, like cloth, hanging out—they passed by my door, and went up Shadwell-market—about a quarter of an hour afterwards I went across the wooden bridge, and saw them on the top of the bridge—I made a stop,
and they crossed over the road, went up John-street, and across the Commercial-road—when I came to the corner of Sutton-street, I beckoned to a policeman—he did not come—I went up and told him the young men had a bundle—he said, "Where are they?"—I showed them to him—they were in sight then—he said, "I am not going that way"—I turned down towards Charles-street, and returned home—the men might have got ten or eleven yards from Mrs. Watson's house when I first saw them—Jones had the bundle first, he gave it to the man not in custody, and the prisoners walked behind, while the other went on five or six yards before them, with the bundle.
MARY ANN DEAN. I am the daughter of last witness. I was looking out of window on this occasion—I saw the two prisoners and another—Williams had a large bundle—he was coming from Mary Ann's-place—he had got about ten or twelve yards from Mrs. Watson's when I first saw him—I showed them to my mother—I saw them come right along Leading-street and along Shadwell-market—I am certain I saw Jones—I saw a piece of dark cloth hanging out of the bundle.
Cross-examined. Q. You first saw them at the corner of Mary Ann's-place? A. Yes—Leading-street leads out of Mary Ann's-place into Shadwell-market—you can see the top window of Mrs. Watson's house out of our back window
WILLIAM CHARLES POTTER (police-constable K 212.) I took the prisoners into custody on the same Monday night—I told them I wanted them on suspicion of a robbery in Fox's-lane, that occurred in the middle of the day—they said they had not been near Fox's-lane all day, and knew nothing about it
Cross-examined. Q. You searched for the property, and found none? A. No.—I examined the parlour-door, and found a key that did not belong to Mrs. Watson—when I took Jones into custody, I found on him this other key, which will undo the same door—both of the keys will fit the door—I tried them two or three times—I mentioned this before the Magistrate—my depositions were taken down, the last day, I signed them—I was not asked whether I wished to make any addition to it—I was asked if it was correct—I do not see that there is anything about the key here, but I mentioned it, and Jones said he could bring proof where the key came from—that was on the first examination.
WILLIAMS— GUILTY. Aged 19.— Transported For Ten Years.
JONES— GUILTY. Aged 23.— Confined One Year.
JOSEPH GINGER. I am a butcher, and live at Little Stanmore. On the 26th of June, about half-past three o'clock, I was called to my field—there had been a sheep there—I found a dead sheep in a wheel-barrow in a lane leading from the field—it was my sheep, I had seen it safe the afternoon before; I can swear it was mine.
JOHN BAGSHAW (policeman.) On the 26th of June, about a quarter-past three o'clock, I was on duty—I went into Mr. Ginger's field, and saw a sheep lying dead there with its throat cut, and the skin of the right leg was cut from the hoof to the belly—it was cold then—it appeared to have been killed about
an hour; it was stiff—I saw the prisoner lying about four yards from the sheep, asleep in a ditch—I tied his hands together, he immediately began to struggle, and in struggling I saw a knife lying underneath his thigh—there was blood on the blade and handle, there was also some small hairs on it—he was the knife in my hand, and said, "That is my knife, give it me you b—r"—his right coat-pocket was turned inside out—there was good deal of blood on it—I examined his coat at the station, and saw blood under the right collar, on the shoulder, and on the skirt—I saw Cooper pick up a smock frock about seven yards from the prisoner—he saw it lying on the table in the morning, before going before the Magistrate, and said, "That is mine."
JOSEPH COOPER. (policeman.) I went into field where the prisoner was, and saw a smock frock about four yards from the prisoner and seven yards from the sheep—I produce the frock—there is blood at the bottom of it.
Prisoner. Q. In what state was I when you found me in the ditch? A. Under the influence of liquor.
Prisoner's Defence. My hands were not bloody; I put on a clean frock and handkerchief on 25th June, came to Edgeware, and had a good deal to drink; a young chap picked up a quarrel with me; we began fighting; I dare say the blood might have come on my frock then; I went to a hedge and slept there, and afterwards was going to my work, and the chaps I had been quarrelling with, followed me down the lane, I got over the rails, got out of their sight, and fell asleep, and was found there.
GUILTY. Aged 24.— Transported For Seven Years.
JOSEPH ROBINSON HADFIELD. I live at No.326, High Holborn—I engaged the prisoner as errand-boy. On the 9th of June, about half-past nine o'clock in the morning I sent him up to my room for a pair of trowsers—there was a watch in the room on the drawers—I went into the room at eleven o'clock; the watch was then gone—this produced is it.
WILLIAM WEST (policeman.) I received information, went to the pawnbroker's, and found the watch—I took the prisoner, and told him he was charged with stealing a watch—he said he knew nothing about it—he afterwards said he stole the watch, but did not pledge it—I explained to him what watch I was talking about.
DAVID HEWETT (City police-constable, No. 233.) The signature to this deposition is Mr. Alderman Johnson's writing—(read—the prisoner voluntarily says, "I took the watch, but did not pawn it; Mr. Jones is quite correct.")
GUILTY. Aged 19.— Transported For Seven Years.
(There were two other indictments against the prisoner.)
GUILTY. Aged 41.— Confined Three Months.
JOHN HERMAN BITTER. I keep an eating-house in Warwick-place, Gray's-inn. On the 22nd of June I lost some mutton—this now produced is mine—it was brought to my shop with the prisoner—it was a pair of quarters and cut off the haunch—I can swear to it by the cutting.
JOSEPH NEWHAM. I live at 26, Theobald's-road—on the 22nd of June, about half-past seven o'clock in the evening, I was going up Bedford-row, and saw a young man bring a haunch of mutton out of the prosecutor's house—the prisoner was standing round the corner of Brownlow-street, out of sight of the house—the other brought it to him, and gave it him—he covered a cloth over it, and went away with it—I followed, caught, and brought him back to the house with the mutton.
Priosner's Defence. I met a man, who asked me to carry this haunch of mutton; I had never seen him before; I had not had it two minutes before there was cry of "Stop thief!"
GUILTY. Aged 36.— Confined Six Months.
GEORGE KEMBER. I live near Welling—on Saturday, the 12th of June, I was walking near Finsburry-square, somebody stopped me and told me something—I felt my pocket, and my handkerchief was gone—I had felt it safe before—I cannot say how long—this produced is it—it is mine.
STEPHEN REEVE (police-constable G 49.) I was on duty in Featherstone-street—I went to Tabernacle-row, saw the prisoner, stopped him, took him into custody, searched him, and found this handkerchief in his pocket—he gave no account of it.
Prisoner's Defence. I found it.
JOHN WHITE (police-constable G 180.) I produce a certificate of the prisoner's former conviction—(read—Convicted May, 1846, and confined nine months)—he is the person so tried and convicted—I have not seen him since—ten silk handkerchiefs were found in his trowsers at that time.
GUILTY. Aged 24.— Transported For Seven Years.
STAPLE JAMES. I am shopman to my father, Charles James, a boot-maker, of No. 52, Whitechapel-road—on the 18th of June, about half-past nine o'clock, I was cutting out at the counter—I saw Sims walk away with this boot under his arm—I went out and caught him—two constables came up at the same time and took it from him—these are two odd boots—the fellows of both are at home—they are both my father's—I only found one on Sims—Lickfold was not near when I saw Sims—I did not see anybody besides him
GEORGE FURBY. I was standing ay my father's door and saw the prisoners standing at Mr. James's door about two minutes before they took the boots—I saw Sims take them—he then went away—Lickfold was standing before him, trying to hide him—Sims saw me looking at him, and ran into the road, as if he wanted to cross the road—I laid hold of him—Lickfold walked on, two officers came up, I painted Lickfold out, and they took him—Sims had one boot under his arm, and I saw him drop one in the road—I am sure Lickfold was with him, covering him
Lickfold. Q. Did you see me with this boy? A. I saw you both together, closer than you are now, at Mr. James's door—I am quite sure you were with Sims, both before he took the boots and afterwards.
Lickfold's Defence. I went out haymaking, but could not get anything to do; I was coming along the road, I was stopped, and the witness said I along with Sims.
Simm's Defence. Furby took the boots and gave them to me.
GEORGE PALMER (police-constable K 208.) I produce a certificate of Lickfold's former conviction—(read—Convicted March, 1847, having been before convicted of felony, and confined three months, and whipped)—I was present at the trail—Lickfold is the person so convicted—he was sent to Parkhurst.
GEORGE JOSEPH BROWN (police-constable K 164.) I produce a certificate of the prisoner Sims' former conviction—(read—Convicted 18th of Nov., 1846, and confined six months, six weeks solitary)—he is the person—he was tried by name of James Bennett.
LICKFOLD— GUILTY. Aged 17.
SIMS— GUILTY. Aged 14.
Transported for Seven Years.
1591. WILLIAM HAYWARD SKEATES, JOHN DALMAINE , and JAMES WEEKS , were indicted (together with Charles Benns, not in custody) for stealing 3 nests of shelves, value 3l. 10s.; 2 tables, 15s.; 8 drinking-glasses, 5s.; 1 table-cover, 2s.; 31 jugs, 2s. 6d.; 5 chairs, 16s.; 1 mahogany counter, 10l.; 1 wooden pin, 12s.; 1 beer-machine, 10l.; 5 gas-pendants, 3l.; 10 feet of gas-pipe, 12s.; 33 pewter pots, 2l.; 3 mahogany shelves, 5s.; 2 caps, 3s.; 2 shifts, 1s. 6d.; 1 pair of scissors, 2d.; 5 spoons, 7d.; and 1 dish, 1s.; the goods of Peter Sievers.
MR. ROBINSON conducted the Prosecution.
No evidence was offered against DALMAINE, who was ACQUITTED.
PETER SIEVERS. I have a house in Cannon-street, which I have expended 60l. or 70l. in fitting up as a beer-shop—on the morning of the 10th of May the prisoner Weeks and Mr. Benns came together to my house—I was in the tap-room, not dressed—I had just come down stairs—Weeks said, "I demand nineteen guiness from you on a promissory note"—I said, "I don't owe the money"—the moment that was said, Benns went out, and called in eight or nine men—they came in, one after the other—he said, "Cut away, my boys; go to your work; there is no time to lose;" or words to that effect—they brought a mallet, a kind of small crowbar, and other things which I could not well observe—Skeates came in among the rest—one of the men was going down the cellar stairs—I took hold of his collar, and asked what he wanted—some person behind said, "Smash the b----y b----r's
brains out"—Weeks held up the mallet, and said, "D----n you, I will smash you"—Benns hallooed out, "Smash any one who interferes, never mind who"—my wife and another person were present—they took hold of me and got me into the little bar-parlour—they kept me there, and said, "For God's sake, send for the police"—I sent my little boy for the police—the men broke open the cellar door—Skeates and Weeks were up stairs at that time, taking up the other fixtures—the cellar is down the steps—they broke the bar-engine, the counter, shelves, and everything—I put on my coat, went out, and got six policemen from Denmark-street—Benns showed them a paper, and said that all was right, and one thing and the other, and they would not interfere, and said it was not on their beat, and that I must go to the other station—there are two beats near my house—this was at half-past eight o'clock in the morning, just as the doors were open—they carried the whole of the property off—my money had put it all there—I owed Mr. Benns about 9l. 10s.—that was all I owed him.
Cross-examined by MR. PARNELL. Q. Besides producing a promissory-note, did they produce a bill of sale? A. They did not, they could not; they produced a pretended bill of sale—it has got my signature to it—this is the promissory-note, bill of sale, and agreement they showed to the police—(looking at them)—this is my signature as a copy, and the other is the original.
JOHN DALMAINE (the prisoner.) On Monday morning, the 10th of May, I was employed by Mr. Weeks to down to Cannon-street with van and horse, and fetch away some fixtures; we waited there a long time; we got there about half-past seven; we got the fixtures into the van, I took them to No. 6, Little Pulteney-street; Benns was there; he said, "Make haste, and get away;" I saw Skeates; they were all in the van with me Mr. Weeks and Benns; they went in the van in the morning to No. 6, Little Pulteney-street, to the house of Mr. Foster, a milkman; Weeks paid me for this; he is an apppraiser.
Cross-examined. Q. Skeates is a broker, is he not? A.Yes; I never saw Benns before.
(MR. ROBINSON here withdrew from the prosecution.)
JOHN GIBBONS. I live at 11, Rotherhithe-wall. On the 30th of June, about a quarter-past ten o'clock, at night I was passing London-bridge, and felt a tug at my pocket—I turned round, and saw my handkerchief in the prisoner's possession—I caught hold of him—he tired to throw the handkerchief over the bridge—a policeman came up and I gave him in charge—this is my handkerchief—(produced)—I am quite sure he had it in his hand.
Prisoner. Q. Did you see me take it? A. No; I felt it go; and when I turned round it was in your hand—I did not pick it up off the ground.
Prisoner's Defence. The handkerchief was chucked down there yards from me, and he picked it up; the policeman came about seven minutes afterwards; there were two more behind me; he would not take them; it was not me that took it.
hand when I turned round—I am not aware that more were with him—I had not hold of him seven minutes before the policeman came up—I had my handkerchief in my hand when he came up.
GUILTY.* Aged 14.— Confined Two Months
1593. THOMAS WHITELEY was indicted for burglariously breaking and entering the dwelling-house of Jesse Chew, at St. Margaret, Westminster, and stealing therein 9 groats, 2 sixpences, 1 three penny-piece, 45 pence, and 82 halfpence; his monies: to which he pleaded
GUILTY. Aged 23.— Confined Nine Months.
WILLIAM GEE. I am a boot-maker, and live at No. 19, Chapel-street, Somers-town. On the 30th of June, about ten o'clock, I saw the prisoner take a pair of boots, which were hanging on a nail at the door—he went away—there was another one with him—I went after the other; but as he had not got the boots, I went after the prisoner and found the boots in his pocket.
Prisoner's Defence. Another boy took them and gave them to me.
GUILTY.† Aged 16.— Transported for Seven Years.
GEORGE WARDLE. I live at No. 4, Arnold-street, Salmon's-Lane, Lime-house—it is my dwelling-house—the prisoner and her husband lodged at my house. On the 19th of June I came home at night, and missed a shawl, waistcoat, and trowsers—I told the prisoner I would not say anything about them provided she would tell me where they were—between eleven and twelve o'clock on Sunday night, she called my wife and me into the room, and told us something, in consequence of which I found the clothes at her sister's house—her sister was repeatedly in the habit of coming to my house—the things produced are mine—I always found the prisoner sober, quiet, and industrious—I never knew any harm of her—I have trusted her with more than what she has taken, and think she must not have been in a right state of mind when she did it.
On Wednesday night, the 9th of June, I was accosted by a female named Howard—I went with her into a house and slept there—I had a watch and chain with me—I got there about two o'clock, and stayed till the morning with her—when I awake I found I had lost my watch and chain—I saw nothing of the prisoner till the morning—I went out, brought in a constable, and told him what I had lost—he accosted the prisoner, and said what I had lost, and he denied my having anything of the kind at the time I came into the house—I am sure of that—I told him that I had, and had lost it in the house—he gave the officer permission to search the house—the officer said he was not authorized to do so, and did not—I gave the female into custody about nine o'clock on the Thursday evening—the prisoner was not arrested till after the female was taken—the watch produced is mine, and the one 1 lost on that occasion.
Prisoner. Q. I never saw this gentleman till the day I was taken into custody? Witness. I am sure I saw him the morning after I was robbed.
GEORGE JOHN HURLEY. I am assistant to a pawnbroker, in Church-street, Greenwich. I produce a watch pledged by the prisoner on the 10th of June, about three o'clock in the afternoon—he said he wanted the money to pay his rent.
Prisoner. That is true. I said to pay rent, but not for me.
WILLIAM CHARLES POTTER (policeman.) I took a female named Jane Mitchell into custody—she told me something—the prisoner was not present—I went to Greenwich and found the watch pawned there—the house has been shut up ever since—the bill was thrown out against Mitchell.
WILLIAM DAVIDSON DAY (police-constable. I took the prisoner. As we were going to the station-house he said he knew nothing about it—he afterwards said that he had received the watch of Jane (meaning Jane Mitchell) to pledge—he said that before he received it, he told her if it was stolen he would have nothing to do with it; and she said to him, "If I had stolen the watch the man that gave it me would have been back after it before now;" and in the evening he took the watch and pledged it at Greenwich; but he said the party you have in custody (meaning Howard) knows nothing about it.
Prisoner's Defence, I can explain how I came by the watch; this person who gave her name as Miss Mitchell, and took part of the house of me; she said she was in keeping; I never knew anybody come there; but it appears this night she had this gentleman; I said in the evening that I was going to Greenwich; she said, "I wish you would pawn this watch for me, the young man who keeps me gave it me this morning; he had no money, and asked me to pledge it;" I went to Greenwich, and being delayed there, as I was known there, I pledged it for 30s.; when I came back I gave her the money and the ticket.
GEORGE JOHN HURLEY re-examined. I have known him living in the neighbourhood of Greenwich, and considered him a respectable young man—he kept a shop about twelve doors from us a long time—I did not know he had left the neighbourhood.
THOMAS NEALEAN , re-examined. I am sure I saw him in the house that morning at nine o'clock—I told him what I had lost, and he denied my having anything of that kind at the time I came to the place—I was with him a very few moments, because I went out previous to making the alarm, and brought in an officer—he saw him also—he is not here.
Prisoner. I never saw the prosecutor till I was at the police-court in custody.
(The prisoner received a good character.)
GUILTY. Aged 26.— Confined Six Months.
GUILTY to stealing one handkerchief. Aged 26.— Confined Three Months.
JANE TAAFE. My son's name is John Taafe—this property is his—he lives at 128, Crawford-street. On or about the 25th of June, in the evening, I lost from the door about half-a-dozen books, a ready-reckoner, and some others—I have never seen them since.
HENRY WIFFIN. I live with Mr. Porcher, at 129, Crawford-street. On this Friday evening, about seven o'clock, I saw two boys standing by the prosecutor's house—the prisoner was one of them—his companion took the books, walked away, and handed them to him—there was about half-a-dozen books tied up—I am sure the prisoner was the one that had them, and was with the one that took them—I had seen the other at the shop at about half-past seven in the morning—I followed the prisoner immediately—I did not lose sight of him, and gave him in charge—the other boy had the books, and went up Circus-street.
Prisoner's Defence. On Friday evening I went to tell my father to come home; I had not been out of the public-house, in Oxford-street, a quarter of an hour; I had no boy with me.
GUILTY.** Aged 17.— Transported for Seven Years.
NEW COURT.—Tuesday, July 6th, 1847.
PRESENT—Mr. Alderman LUCAS, Sir PETER LAURIE, Knt.; Sir JAMES DUKE, Knt., Alderman; and EDWARD BULLOCK, Esq.
Fifth Jury, before Edward Bullock, Esq.
JEMES BRANNAN (police-sergeant G 20.) On Saturday, the 5th of June, I received information which led me to a house in Radnor-street, St. Luke's—I went to a back room on the second floor—I found the two prisoners there, and two women, and another man came in afterwards—I knew the prisoners before—I told Watson I was a police-officer, and had come to take him into custody for uttering counterfeit coin—(I was not in uniform)—he
attempted to put his hand into his right-hand trowsers pocket, which I prevented, and I put my hand into his pocket and took out this counterfeit shilling, after much resistance—at that time another officer was holding Cook—I assisted in searching Cook—he threw himself on the ground and resisted very much—I saw Hawkins take from his pocket a paper parcel, containing four counterfeit shilling—he said, "O, Bill, you have led me into this! I am ruined"—Watson—said, "Hush, hold your tongue; say nothing about it"—they were then taken into custody.
JAMES HAWKINS (police-constable G 191.) I was with Brannan—I searched Cook—he threw himself down and was very violent—with the assistance of Brannan, I succeeded in taking him—I searched him, and found four counterfeit shillings in his right-hand waistcoat pocket, in this paper—he said, "O, Bill, you have led me into this! I am ruined"—Watson said, "Hush, hold your tongue; say nothing about it."
ROBERT COLE (police-sergeant G4.) I was with the other officers when the prisoners were taken—I have heard their account—it is correct—I was at the station when Cook was—he called me to the cell—I made him no promise, and used no threat—he said to me, "Cole, you have known me some time; I work hard for my living; I have been entirely led into this by Watson, who asked me to carry them while he went away"—Watson was in the adjoining cell—he could not see him—he might have seen me—I am not certain that he could hear.
MR. JOHN FIELD. I am inspector of coin to the Royal Mint. These five shillings are all counterfeit, and all electro-plated—there are from one moulds, and two from another—one of the four taken from Cook is from the same mould as the one found on Watson.
Watson's Defence. I was coming along Exmouth-street; I picked up a shilling in a paper; it is not the first time that Brannan has planted things is houses to bring people up to this Court, and if so, he is capable of dropping them in the road.
Cook's Defence. I picked up the shillings in Exmouth-street; I put them into my waistcoat pocket, and went home; I was going to pay a bill, and the officer came and took me into custody; I have worked in Banner-street a good while.
(Cook received a good character.)
WATSON— GUILTY. Aged 21.— Confined Twelve Months.
COOK— GUILTY. Aged 20.— Confined Six Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
ELIZABETH DAVIS. My husband keeps a tobacconist's shop in Oxford-street—the prisoner came there a little before nine o'clock in the evening, on the 23rd of June, asked for a 1d. worth of tobacco, and paid for it with a shilling—I looked at it and thought it was bad—I gave it to my husband, who was in the ship at the time—I had never seen the prisoner before.
DANIEL DAVIS. I am the husband of Elizabeth Davis. I was in the shop when the prisoner came—I received the shilling from my wife—I looked at it, and agreed with her that it was a bad one—I asked the prisoner where he got it—he said, "My wife gave it me; she is outside"—he asked me to give it him back—my son went for a policemen—I kept the shilling, and while I was standing at the door, the prisoner walked away down South
Molton-street—I sent my son and the officer after him—I gave the constable the shilling after I had marked it.
WILLIAM LING (police-constable D 77.) The prisoner was pointed out to me as he was going away down South Molton-street—I stopped him, and brought him back—I asked if he had any objection to come back to Mr. Davis's shop about the bad shilling—he said he had not—he came back quietly—he was taken to the station, and there being nothing else against him he was discharged.
Prisoner. Q. Was there not a female in company with me? A. Mr. Davis said there was a female, whom you stated was your wife, and I went and took her inside.
WILLIAM DUNNELL. I am a publican—the prisoner came to my house about nine o'clock at night on the 22nd June, had a pennyworth of beer, and gave me a bad shilling—I bent it with my teeth, and threw it on the counter to the prisoner—I was very busy, and wished to get rid of him—I am quite confident the shilling was a bad one—on the following evening he came again, at a quarter-past ten—he had half a pint of beer, and gave me a counterfeit shilling—I took a pair of scissors, and cut it in halves—I kept one piece—the prisoner got the other—I do not know what he did with it—I gave the piece I kept to Marshall.
JOHN MARSHALL (police-constable D 118.) On the 23rd June I was in the station when the prisoner was brought in on Mr. Davis's charge—I was in plain clothes—the inspector discharged him—I thought it right to follow him—a woman joined him when he left the station—they went first to a public-house in Marylebone-lane—I went in—they drank there—they then went to Mr. Smith's, at the corner of Manchester-street—they called for a pint of porter, the woman gave a bad shilling—the barman saw it was bad—he caught the porter, then gave back the shilling, and they went away—they went to Mr. Dunnell's, in Crawford-street—the prisoner went in, and I followed him—he called for half a pint of beer, and threw down a shilling—I saw Mr. Dunnell cut it in two with a pair of scissors—the prisoner picked up one piece and swallowed it before I could take him into custody—I found on him two good shillings—the woman was taken by another constable, but was discharged the next day.
Prisoner's Defence. I happened to be in company with a female; she gave me a share of a quartern of gin in the first public-house, and then some porter afterwards; I went in the public-house for half a pint of beer, and was taken; I told the officer the person who gave it me, and they discharged her the next day.
GUILTY. Aged 28.— Confined Twelve Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
KEZIAH FOX. My husband keeps a cook's-shop. On the 7th of May, about nine o'clock at night, the prisoner came and asked for 1/2 lb. of 8d. beef, and gave me in payment a five-shilling piece—I sounded it on the counter—I called to my husband, and said to him, "Give me change for a five-shilling piece"—he took it, and said it was a bad one—the prisoner asked me to give
it back, and said she would get change—I said no, my husband would give her change—my husband went for a policeman—he marked the five-shilling piece in my presence—I gave him a knife to do it with.
Prisoner. Q. You said your husband was up stairs, and you called him down? A. No, he never went out of the shop—I gave the policeman the same crown which I took of you—it was not out of my sight.
JAMES CLARK. I am a policeman—I came into Mr. Fox's shop on the 7th of May—he gave me this crown-piece, and gave the prisoner into custody for passing it—I heard some money chink in her hand—I took 4 1/2d. out of her hand in the shop—she was taken to the Police-court, remanded till the Tuesday following, and then discharged.
JANE GREGORY. I keep a small greengrocer's shop in Virginia-row, Bethnal-green. On the 14th of May, about half-past eight in the evening, the prisoner came for some radishes and onions—they came to 4d.—she paid me with a crown-piece—I did not suspect it at the moment, and I gave her 4s. 8d. in change—I looked at it the moment she was gone, and discovered it was bad—I bit it, and made a mark on it—I went to look for the prisoner, and could not find her—I kept the crown-piece apart from all other money till I gave it to Teakle.
Prisoner. I never saw this woman in my life till I was before the Magistrate. Witness. Yes, you did—you wore your hair the same as you do now, but you had a bonnet on—I am confident of your being the person.
ELIZABETH BRITCHFORD. The prisoner came to my shop on the 17th of May, between eight and nine o'clock, asked for a half-quartern loaf, which came to 5d., and gave me a bad five-shilling piece in payment—I told her it was bad—she said it was not—I took it up again, and said it was—I threw it down, and she took it up—I had marked it with my teeth and the shop knife—she was going out of the shop, and the policeman came in, and took it out of her hand.
JOHN PECK (police-constable H 87.) On the 17th of May I was passing Mr. Britchford's shop—I saw the prisoner in the shop—I saw her throw down the crown-piece, Mrs. Britchford took it up, rung it and bit it, and threw it down again—the prisoner picked it up, and was coming out—I stopped her, and said, "I suppose here is another bad crown-piece"—she said, "Oh, no, it is a good one"—Mrs. Britchford said it was a bad one—I took it out of her hand, and asked Mrs. Britchford if that was it—she said it was—I took the prisoner to the station-house—there was nothing else found on her—I asked her address—she refused to give it.
Prisoner. You asked me where I lived; I said I was an unfortunate girl, and had no home when I had not sufficient money to pay for my lodging.
Prisoner's Defence. I was not aware these two were bad ones; as to the woman that comes from Bethnal-green, I never saw her before; I took the others of two gentlemen.
GUILTY. Aged 23.— Confined Twelve Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
about three o'clock in the afternoon, the prisoner Hooker came for a penny-worth of cheese, and put down a shilling—I looked at it, and said it was a bad one—he said he took it of his master for some hay-making—I weighed it, found it was bad, and laid it down to him again—I said, "I am afraid you knew it was bad"—he said he had no other money—I said, "I think I ought not to give it you back"—he went out of the shop, in a direction towards London—I looked out after him.
Cross-examined by MR. ROBINSON. Q. You did not see Vine at all? A. No—I did not mark the shilling.
ROBERT STEVENS (police-constable N 269.) I am stationed at Enfield—on the 25th of June, in consequence of a communication made to me, I watched the two prisoners, between three and four o'clock, they passed my door together, in conversation, in a direction towards London—they went to the next door but two, to a little chandler's shop kept by Mrs. Chadwick—they waited outside, in conversation, about five minutes—Vine then went into the shop—Hooker crossed the road, and waited on the opposite side—Vine came out of the shop in about five minutes, and Hooker crossed the road and joined him—they went on towards London, to a shop kept by Byatt—I did not see Hooker go into that shop, but I took Vine, who was standing ten or twelve yards past the shop, and took him into Byatt's—Hayes went into Byatt's, and took Hooker—on my proceeding to search Vine he dropped this bad shilling from his right hand—I found this other bad shilling in his left hand waistcoat pocket—we went together to the station—as we were going, Vine said it was the first time he ever was in a job of the kind, and he would take care it should be the last—I had not said anything to induce him to say that.
Cross-examined. Q. There is a gate leading to Mrs. Byatt's shop? A. Yes—the shop is five or six yards in from the gate—Vine was altogether ten or twelve yards from the gate.
MR. BODKIN. Q. Where Vine stood could he command a view of Byatt's door? A. No, there is an angle—he stood against a barber's shop—he could not be seen by any one in Byatt's shop—a person coming out of the shop could see Vine, as soon as they came level with the front of the road.
HENRY HAYES (police-constable N 324.) I watched the prisoners—I saw them standing together—I saw Hooker enter the gate leading to Byatt's shop—I went directly into the shop—I saw Hooker in the act of throwing a counterfeit shilling on the counter—I gave the shilling to Mrs. Byatt, and she marked it—I found on Hooker 8s. 4d. in good silver, and a penny-piece—I took the shilling, which Mrs. Byatt had marked, off the counter—Stevens then came in, and I went with him and the two prisoners to the station—I heard Vine say, "We have got into it now; we must make the best of it."
Cross-examined. Q. Are you sure it was Vine that said so? A. Yes—he walked away about half a dozen paces on the road towards London when Hooker went into the shop.
ANN BYATT. I keep a shop at Enfield-highway. On the 25th of June, between three and four o'clock, Hooker came in and asked for a pennyworth of cheese—he laid down a shilling—I told him it was not a good one—he said he had just taken it for hay-making at Barnet, and he bad no other money—I told him it was not worth a farthing, and said to him, "You know it is a bad one now if you did not know it before, and if you offer it again you will be wrong"—while I was speaking Hayes came in and took him—I marked the shilling and gave it to Hayes—this is it.
(Hooker received a good character.)
HOOKER— GUILTY. Aged 22.
VINE— GUILTY. Aged 16.
Confined Six Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
MARIA CLARK. I am the daughter of Charles Clark, who keeps the Eight Bells public-house in Ironmonger-row, St. Luke's. On the 28th of June, about twenty minutes past eleven o'clock at night, the prisoner came and asked for half-a-pint of beer, which came to a penny—he gave me a shilling—I saw that it was bad, and told him so—he made very light of it—I called my father—the prisoner laughed and sneered at it—I went after a policeman, while my father stayed in the bar—I gave my father the shilling—I saw him cut it on the counter.
CHARLES CLARK. My daughter called me to the bar on the night in question—I saw the prisoner—I recognised him as a person I had seen before—he had come on the Thursday or Friday previous, about eleven o'clock in the evening, for half-a-pint of beer—it came to a penny, he gave me a shilling—as soon as he put down the shilling, and I had put down the beer and the 11d. change, he took it and bolted.—I had a doubt about him when I first saw him again, but afterwards, circumstances brought it to my mind as vividly as possible—I am quite certain now that he is the man—I put the first shilling in my desk, and kept it there till this second transaction—on this Monday, the 28th, when my daughter called me, I said to the prisoner, "This is not the first time I have seen you"—I sent my daughter to fetch a policeman—I went to take the chain off the door, to prevent the prisoner from escaping, and he endeavoured to get out of the bar—at that instant the policeman came in and took him—I gave the second shilling that was cut to the policeman.
Prisoner. Q. What day was it I first came? A. On Thursday or Friday—I could not swear to the first shilling, but I gave the policeman the shilling you gave me—I swore to you before the Magistrate as the man who came on the first occasion.
MR. BODKIN. Q. Have you any doubt whatever of the prisoner being the man who passed the first shilling? A. Not the least, if I had I would willingly give him the benefit of the doubt.
CHARLES WOOLNER (police-constable G 135.) On the 28th of June, about half-past eleven o'clock at night, I was called, and took the prisoner into custody—I received this cut shilling from Mr. Clark, and he said, "I have got another locked up in my desk, which I received a few days previously"—I told him to fetch it—he did, and gave it me—this is it—the prisoner was very violent—I was obliged to call a man I knew, to my assistance—I found on the prisoner two sixpences and 7 3/4d. good money.
Prisoner's Defence. I was out drinking; I got change for a half-crown; I went to the public-house, and had half-a-pint of beer; I gave the witness
a shilling; she said, "It is bad, I will call my father;" I said, "You need not;" she called him, and he said it was bad, and he was almost certain that I was the man he had taken one of before; he at first said he would not swear to me; it is odd he can swear to me now, when he would not then; I did not know the shilling was bad.
GUILTY. Aged 24.— Confined Twelve Months.
GUILTY. Aged 15.— Confined Four Months.
GUILTY. Aged 17.— Confined Six Months.
1606. ELIZABETH LONG was indicted for stealing 3 yards of mouselin-de-laine, value 2s.: 1 shift, 1s.; 1 pillow-case, 4d.; 1 frock, 1s. 6d.; 1 apron, 2d.; and 1 pair of scissors, 6d.; the goods of Henry William Arundell, her master.
CAROLINE ARUNDELL. I am the wife of Henry William Arundell. We live in New North-street, St. George's—the prisoner was in my service as needle-woman for three days—I dismissed her on the Wednesday evening, and on the Friday after, I missed a remnant of mouselin-de-laine, a child's white dress, a pillow-case, a pair of scissors, and a shift—I had been them before, on the Monday morning, the day before the prisoner came, on a shelf in the bed-room—they were kept there openly—I applied to the police, and the prisoner was apprehended—these are the things—they were not my own property, but were intrusted to me to make up.
JOSEPH SMITH (police-constable K 386.) I apprehended the prisoner—I told her I wanted her for stealing these things from Mr. Arundell—she said she had left some at Mr. Hunt's, and the shift she had pawned—she said she was very sorry, but she had taken and pawned the things—she told me where, and I went and got them.
GUILTY. Aged 23.—Recommended to mercy by the Jury.— Confined One Month
CHARLES BURDOCK. On Thursday, the 24th of June, I had my chaise in the yard of a house in Cooper-row, Trinity-square, Tower-hill—I went to dinner, and left my brown over-coat in the chaise—when I came back I missed it—this now produced is it.
WILLIAM CHILDS. I am officer of Trinity-square. About two o'clock, on the 24th of June, I saw the prisoners and another person with them, loitering about—I watched them, and saw the one who is not in custody go up the yard, fetch this coat, and give it to Holmes, who was at the bottom of the yard, not more than twenty yards off—Homes took the coat, and then Christian joined them—Christian had been at the post, not so much as twenty yards off—Christian pulled off his own coat, and threw it to Holmes, who
put it on, and Christian put on the coat that the other had brought out—I followed them to Crutched Friars, between 200 and 300 yards—I stopped Holmes, and gave him in charge—I followed Christian, who was walking on as fast as he could—I caught him—he slipped the coat off him—I then caught his shirt and waistcoat—he slipped them off, and went off, but I took him at last—this is the coat.
Christian's Defence. A young man in Trinity-square asked me if I wanted to buy a coat; I tried it on; it fitted me; and I gave him half-a-crown for it.
HOLMES*— GUILTY. Aged 17.
CHRISTIAN*— GUIKTY. Aged 20.
Confined Twelve Months.
WILLIAM STEWART. I live in Trinity-lane, Queenhithe—on the 15th of June, at half-past nine o'clock at night, I was in Guildford-street—I saw the prisoner's walking—I followed them to Gray's-inn-road—I had known one of them for five years, the other, twelve months—they stopped in Gray's Inn-road, and went into Guildford-street—I saw Mrs. Marks walking up Guild-ford-street, towards the Foundling—the prisoner's got to her near the Foundling, just by the cab-stand; Roberts got by the side of Mrs. Marks—there was a female in company with the prisoner's, she fell behind Roberts—Clayton was on in front—I got as close to Roberts as I could get, nearly arm-in-arm with the female—Roberts was on the right side of Mrs. Marks—he put his left hand into her pocket—he drew his hand out and made a stop—he pretended to blow his nose—Mrs. Marks went on—Clayton made a stop—he turned round, and the prisoners, and the female with them, walked down Guildford-street, towards Gray's Inn-road—I followed the prisoners to a public-house—the female left them, and went down a street—I looked about and saw a policeman in conversation with the prosecutrix—I said there were two of the swell-mob—the prisoner's were taken—I heard something fall from Clayton—I supposed it was a shilling—I looked but could not find it.
Cross-examined by MR. BALLANTINE. Q. What is your profession? A. A cheesemonger's porter—I drive a horse and cart, and do portering work for Mr. Whitfield, in Lamb's Conduit-street, facing the Foundling—I was in his employ at that time, and am up to the present time—I was not portering at the time I saw this—I was doing some business of my own—I have to go home at night and go to bed—we shut up at half-past nine—I allow myself ten minutes to go to the Foundling, and to light my pipe—that was not my way home, but there is a young person that I pay my respects to who lives in Wells-street—I have been a porter five years, in two situations—I was in the police for two years and nine months—I left between five and six years ago—I left of my own accord, by giving a month's notice—it was very much against our superintendent's wish that I should leave—I did make application to get into the police again, some time ago—it was through a misunderstanding—I believe it was through the ill-will of the superintendent at my leaving them that I did not get in again—I have been employed since by inspector Shackell and Colonel Rowan, to go into the country to find out incendiary fires—I have been in Lamb's Conduit-street a year and nine months—I have not been employed to search out criminals—I am not a spy in the pay of the police—I was not in the employ of the police at the time this happened—I was not connected with any policeman at that time—I was employed by Shackell and Colonel Rowan about six weeks—the job turned
out very well—I got plenty of people convicted, on clear evidence; not on my evidence—I did not get into the box.
Cross-examined by MR. PAYNE. Q. What might you make of this job? A. Very little; not more than I get by my cheesemongering—I got 30s. a-week, and no expenses for pipes and ale—that made me minus—I cannot tell how many persons I convicted—I decline to tell—I was out six weeks—I got six cases—I did not get up witness against them, the inspector did—I did not disguise myself—I went in the same dress that I work in—I got hold of the persons by going round and hearing one thing and hearing another—I did not get people into conversation—they got into conversation with me—when the job was over, I was put off with 30s. a-week—I had no sum in a lump—I know nothing of any rewards being offered, I got none—when I left the police I went to work with my father, who is a carpenter—I worked with him about fifteen months—his work fell off, and I then attempted to get into the City police—I cannot tell whether that is better than the Metropolitan police—when this happened it was about twenty minutes before ten o'clock—I had got a pipe—I never knew the witness Davis—I never saw her till I was at the station.
ELIZA DAVIS. I am the wife of William Davis—I did live in Manchester-terrace—about ten o'clock at night, on the 15th of June, I saw the prosecutrix in Guildford-street, by the foundling—I saw the prisoners and a female near her—the female was walking about half a yard in front—Roberts was on the right side of Mrs. Marks, and Clayton was about a yard behind—(I had seen Roberts about two months before—I had not seen him on that evening)—I saw Roberts make a stop, and so did Clayton and the female—Mrs. Marks walked on—the prisoners and the female walked back towards Gray's Inn-road—they stopped at a lamp-post, and they looked to me as if they were sharing something—I was on the opposite side—I saw them move their hands to one another—they appeared to me as if they had robbed Mrs. Marks—I crossed the road, and went after Mrs. Marks and spoke to her—I do not know where the prisoners were then—I left them about twenty yards off—my back was turned towards them—they were not near enough to hear what I said to Mrs. Marks.
Cross-examined by MR. BALLANTINE. Q. You say they appeared to be sharing something—tell us exactly what you saw done? A. I saw them with their hands together—one appeared to be taking something out of the hands of the other—I do not know whether there was a purse or not, or whether there was any money taken from any purse—I knew Roberts before—I had never spoken to him—I saw him follow a lady in black and rob her—I did not give information to anybody—I knew him to be a thief—when I saw him in Lamb's Conduit-street I recognized him as the person I had seen before—I had never seen Stewart before this time—he spoke to me, and said there were two of the swell-mob gone into the public-house—I was coming from Mrs. Leggs, in Great Carter-lane—she is a person I work for—her husband is a solicitor—I was coming along Gray's Inn-road, saw the prisoners turn up Guildford-street, and I followed them—I did not Know Mrs. Marks, she was a perfect stranger to me—I have seen Stewart at the office, and I saw him yesterday.
HANNAH MARKS. I was going along Guildford-street about a quarter before ten o'clock that night—I received information, examined my pocket, and missed my purse from my right hand pocket—there were two shillings in it, a small seal, and a halfpenny—I have not seen any of them since.
to the station, Clayton dropped something that sounded like a shilling—I searched the prisoners—I found on Clayton 2s. 4 1/2d. and a knife, and on Roberts a handkerchief and a key—I told them what they were charged with, they each said they were respectable persons.
GUILTY. Aged 40.— Confined Six Months.
GUILTY. Aged 14.— Confined Three Months.
ANN BRADSHAW. I am single, and lodging in Barrett's-court, James's-street Oxford-street—I arrived in the Shannon from Ireland, on Sunday, the 20th of June—I left my box on board the vessel, which was in the Thames, near Alderman's-stairs—I left in my box three gowns, and the making of two gowns, a petticoat, and several other articles—on the Monday I went to the Shannon to take my box home—I found the cord had been cut, and the lid lifted up, and two gowns and a petticoat had been taken out—I am quite sure I left them safe in the box—these are the articles.
EDWARD EVEREST. I am inspector of the Thames Police—I went on board the Shannon—I searched the forecastle, and found this petticoat in one of the berths, which the prisoner told me was his berth—I asked him how he came by this—he said it was his property, and that it was a shirt—I opened it, and said it was a petticoat.
Prisoner's Defence. It was my watch on deck; on that Sunday night, the steward gave me a glass of grog; I fell asleep; I than went on deck and found these things; I said to one of the men, "Who do these things belong to?" he said, "They can't belong to any one here, they are yours;" I pawned them; it is the first thing that was ever laid to my charge.
GUILTY. Aged 42.— Confined Four Months.
OLD COURT.—Wednesday, July 7th, 1847.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice PATTESON;
Mr. Justice MAULE; Mr. Alderman GIBBS; Mr. Alderman WOOD; Sir JAMES DUKE, Knt., Alderman; and EDWARD BULLOCK, Esq.
Third Jury, before Edward Bullock, Esq.
GUILTY. Aged 20.— Confined Three Months.
Before Mr. Justice Patteson.
GUILTY to first Count.— To enter into his own recognizance in 100l., to appear and receive judgment when called upon.
(MR. HUMFREY. on the part of the Prosecution, offered no evidence on the second Count.)
MESSRS. CLARKSON and PHINN conducted the Prosecution.
JOHN DEVEY HALL. I am traveler to Messrs. Hackblock, and was so previous to 1844—the partners are John and William Hackblock, John Clark, and John Meck—I had supplied the defendant with goods at the ware-house—I do not know his writing. On the 14th of June, 1844, he called at the warehouse—we had then a claim on him for goods to the amount of, I believe, 145l.—he paid me, I believe, 50l. in part of that claim that day, and gave a bill for the residue to Mr. Hammer, the clerk.
JOHN HACKBLOCK. I am a partner in the firm of Hackblock, Clark, and Meek—this affidavit is in my writing—I remember filing it at the Court of Bankruptcy on behalf of myself and partners—here is the summons—the signature to the both documents is my writing.
Cross-examined by MR. BALLANTINE. Q. Is the summons attached to the affidavit? A. Yes.
HENRY HARROW CHRISTMAS. In 1844 I was clerk to an attorney at Coggleshall—I remember serving a summons and affidavit in demand of debt, on Willet some time in Sept., 1844—I do not remember what day it was, it is so long ago—I endorsed on the duplicate the day on which I served it—it was the 24th of Sept., 1844—I subsequently served this summons on him—I do not remember on what day—the demand that I served was the original.
Cross-examined. Q. Did you serve them personally, or only at the office? A. Personally.
MR. PHINN. Q. When did you serve the summons? A. On the 28th of Sept., 1844—(These documents were admitted, and taken as read)
FREDERICK WEST. In 1844, I was managing clerk to Mr. Thomas Lott, of Bow-lane—he was the solicitor of Messrs. Hackblocks, the petitioning creditors. On the 5th of Oct., the day fixed in the summons, I attended at the Court of Bankruptey on the return of this summons—the defendant did not attend on that occasion, nor was any application made on his behalf—I made an affidavit—(produced)—here is a copy which I made myself of the original summons, which was served on the defendant—it was signed by the Commissioner in my presence.
JAMES RIGG BROUGHAM. I am clerk in the office of the Lord Chancellor's Secretary of Bankruptcy. I have the petition on the fiat in Willet's case, the affidavit of debt, and the order of the Lord Chancellor appointing Sir William Horne to issue the fiat/
JAMES COOPER. I am a messenger of the Court of Bankruptcy. I was in the Court of the late Mr. Commissioner Williams—this adjudication is signed by Mr. Commissioner Williams—I do not know the defendant's writing—I served a duplicate of the adjudication on him on the 15th of Oct. 1844—I went down to take possession of his premises under the fiat, but found he had none—I went to what were formerly his premises, but they warned me off, and told me I was a trespasser—I did not take possession, I only seized a bundle of invoices.
ALFRED WILLIAM WALMSLEY. In 1844, I was clerk at the Court of Bankruptcy. I cannot say that I recollect the defendant surrendering himself to the fiat, but I produce hi surrender, which I attested—I saw him sign it while Mr. Commissioner Williams was in Court—he also signed the consent to the adjudication, and I attested it—it was gazetted forthwith.
FREDERICK WEST re-examined. I produce the appointment of Mr. Turquand, as official assignee, signed by Mr. Commissioner Williams, and also the "London Gazette," containing the adjudication and the advertisement of the meetings—I purchased it at the Gazette Office—the first meeting is advertised for the 30th of Oct., 1844, at half-past eleven in the forenoon—the prisoner attended that meeting, at which Mr. John Hackblock and Mr. Isaac Emsworth, of the firm of Emsworht and Kebble, were appointed as the creditors' assignees—I produce the appointment, with the signatures of Messrs. Hackblock and Emsworth and the Commissioner—the meeting for the last examination was fixed for the 5th of Dec., 1844—I attended that meeting—it was before Mr. Commissioner Goulburn—the defendant attended that meeting—I have his balance-sheet—it is not signed by him, he not having passed—it was filed—I am not aware whose writing these items are—it is on the proceedings—it was filed ten days previous to the meeting—I should imagine it would be brought by the bankrupt's accountant—that is the course of proceeding—this is the balance-sheet that was used in Court at that meeting, in the defendant's presence, and to which his examination referred—I was present during his examination—this balance-sheet was referred to, and he was examined upon it—he saw it there—I heard him sworn—the oath administered to him was, "You shall true answer make to all questions put to you by the Court, you shall speak the truth, the whole truth, and nothing but the truth"—that was a peculiar oath that was admininstered in Mr. Commissioner William's Court—I have taken it some dozens of times myself—this meeting took place in Mr. Commissioner William's Court, although it was before Mr. Commissioner Goulburn—I took down the defendant's examination in writing—after it was taken down, I read it over to him—Mr. Commissioner Goulburn was very particular—he made me stand up in Court, and read it aloud, and he put this initials to any alterations that were made—the defendant signed it—this is the statement he made.
(The examination of the defendant was here read)—"Joseph Willett, of Coggleshall, in the county of Essex, being sworn and examined, says, he denies that he has ever paid Mr. Bickmore the sums named in the account furnished by Mr. Bickmore, and I deny the statement
made in the letter of Mr. Bickmore, marked 'A,' signed by me, namely, that I did not hand over to him a sum of 92l. on the eve of the trial; and being asked the question, Do I mean to represent that I did hand over to Mr. Bickmore the sum of 92l. on the eve of my trial? I will swear I did, I gave it him in Court, when I stood at the bar, and I will swear it was 92l. I gave it him after I was convicted by the Jury of the assault; he told me to give it him, as in case I had any money about me, and I took it to prison, it would be taken away from me. I took the money into Court with me when I was tried, and had it in my pocket when I was in the dock. I brought it from home; it was the produce of goods sold by me. I owed when I came from prison debts to the amount of 300l. odd. I think I could furnish the names of the parties to whom I owed it, &c." "The money I handed over to Mr. Bickmore was in a canvass bag."
MR. PHINN. Q. Is the signature of Mr. Commissioner Goulburn attached to that? A. It is—I have the adjudication upon that examination—some portion of its is my handwriting and some in the commissioner's—the Commissioner's signature is attached to it—it is merely adjourning the meeting until the 21st of Jan., to produce Mr. Bickmore and Mr. Smoothey, the accounts being unsatisfactory—Mr. Commissioner Holroyd adjudicated upon the 21st of Jan.—I have that adjudication, signed by him—it adjourns the bankrupt's examination sine die—(looking at the "London Gazette" produced by Mr. Watts) I find here another meeting fixed for the 4th of May, 1846—I attended that meeting—if was before Mr. Commissioner Fontblanque—the bankrupt was present, he also appeared by counsel—I produce a declaration signed by the bankrupt on that day—(this being read, was a declaration in substitution for the oath previously administered, made by the defendant to give true answers to all questions proposed to him respecting his property, and to make a full and true disclosure of all that had been done with it)—that was signed in my presence both by the defendant and the Commissioner—witnesses were than called by the bankrupt in support of his statement—a man named Wiltshire was called on that occasion, and the bankrupt himself was examined and cross-examined as to his previous statement—I did not take down in writing what he then said—there was great confusion in Court, and as the statement he made was to the same effect as his other statement, I did not think it necessary to take it down on the proceedings—he was being examined by his counsel as to the transaction, and Mr. Phinn, who then appeared on behalf of the assignees, got up and said, "Then do you still mean to swear that you did hand over the 92l. to Mr. Bickmore?" and he said he did—there was a deal of examination and talking with the bankrupt, but I am quite certain as to that part—I should not like to swear as to the other parts of his statement—I produce the adjudication of Mr. Commissioner Fontblanque upon that occasion, again adjourning the examination sine die, and ordering the bankrupt to pay the costs of the assignees—the examined copy of the record of the defendant's trail at Chelmsford, on the 17th of July, 1843, is in Court—I examined it with the original record—he was convicted of an assault.
THOMAS LOTT. I am a solicitor. I was solicitor for the creditor's assignees of the bankrupt—they are the prosecutors of this indictment—I was present at the bankrupt's examination, which has been read—I heard him make the statement with reference to the 92l.—(Mr. Ballantine here admitted the accuracy of the statement)—I was present on the second examination, on the 4th of May, last year—the bankrupt on that occasion produced some witnesses—Wiltshire was one of them, and a man named Johnson—the bankrupt was himself asked some questions with reference to the 92l.—that
was not taken down in writing—I have heard Mr. West state what then passed—he has truly stated the whole of it—the bankrupt's balance-sheet was produced and referred to on that occasion.
Cross-examined by MR. RYLAND. Q. Do you conduct this prosecution? A. I do—I first received instructions to commence these proceedings some months ago—I cannot speak positively to it—Mr. West was my managing clerk at that time, and he conducted the whole matter—I was present at both examinations, on the 5th of Dec., 1844, and the 4th of May, 1846—I believe Mr. Bickmore was present on the 5th of Dec. 1844—I cannot say that I recollect it—the matter was conducted by Mr. West—he communicated with Mr. Bickmore, and conducted the matter—I did not communicate with Mr. Bickmore personally—I do not think I ever did—my clerk has subpœnaed the witnessees here to-day—Mr. West is now in practice for himself, but he has given me his assistance still in this matter—he subpœnaed some of the witnesses.
FREDERICK WEST re-examined by MR. BALLANTINE. I was in communication with Mr. Bickmore before the 5th of Dec., 1844—I have had occasion to write to him since—I think I have subpœnaed three of the witnesses—I have subpœnaed Wiltshire on the part of the prosecution.
MR. CLARKSON. Q. Was Wiltshire the man who was called and examined by the bankrupt on his second examination? A. He was, in Jan., 1845; that was the day of the adjourned examination—he had been the bankrupt's servant—I have seen him in the bankrupt's shop, acting for him—both the bankrupt and Wiltshire have sworn to the fact of his being in the bankrupt's service, and that the bankrupt owed him a sum of money for wages.
THOMAS LAKE BICKMORE. I am a solicitor, practicing at Kelvedon, in Essex, and was so in 1843. I was employed by the defendant to defend him on an indictment for an assault—Mr. Smoothey was associated with me in the defence—previous to the trial the prisoner paid me 20l. for counsel's fees, and so on—I have here a memorandum in a book, which I made at the time—it was in two payments of 14l. and 6l., on the 18th and 19th of July, 1843—the trial took place on the 20th of July, 1843—I was in Court during the trial, and after the Jury returned their verdict—I was there at the time they returned their verdict—the prisoner was in the dock—I had no communication with him in Court after the verdict—I do not recollect that I had any communication with him whilst the Jury were deliberating—directly after the verdict was returned he beckoned to me—I stood under the dock I think—be merely called to me—there was no conversation—I think he touched me on the shoulder, or beckoned me in some way—I approached him, and he handed me over a little canvass bag—I directly put it into my pocket—I do not think I examined its contents before I put it into my pocket—I examined it as soon as I got back to the inn—that might be an hour and a half after—I then found in it twelve sovereigns—there was nothing else in it—Mr. Smoothey was in the room when I examined the contents of the bag—I cannot say whether he saw me examine the contents—I communicated the amount to him—I made a memorandum of the contents when I got home that day—I have it here—about two months after, I received this letter from the prisoner—it is his handwriting—(read)—"Springfield Gaol, Sept. 6th, 1843.—Friend Bickmore, Sir, I have one favour to ask you, will you oblige in sending me two sovereigns in few day; for when I delivered my purse left me with only few shillings. The reason I ask you this favour, my father intended to send for me with a carriage and four horses, and there
is to be twenty men to draw me in Coggleshall, for Mayhew has reported that I shall never come to Coggleshall no more. I do not like to send home for that amount. I hop to pass through Kelvedon between the hours of one and three o'clock on Saturday, the 16th of Sept. If you inclose that money, do not write that way that I have written to you, for this letter is sent out by a friend. Sir, if you think you will be at home about that time, I will call on you, friend Bickmore, and I hope you will oblige me with that little sum. Sir, you know that I wish to make Mayhew ashamed of himself. These few lines leave me middling, according to the situation I am in. I will make all things right when I come home, and long laugh at my enemies. From yours, Joseph Willett."
Q. When did you first see Willett next after the trial? A. I should think it was about two months—he was imprisoned for two months, and after the expiration of that period, I have a recollection of seeing him return home from Chelmsford—that was after I received this letter—I think that was the first time I saw him after the trial—perhaps I might have seen him once before—now I come to recollect, I think I saw him in Springfield gaol in the early part of Sept.—I do not think anything passed then as to my account against him, or as to the sum of money that he had handed over to me—I do not think I ever made any demand upon him for my bill after he came out of gaol—he made nodemand upon me for any money given me by him; none whatever, either by letter or by word of mouth—I had a very small balance due to me, taking into account the 32l.—the first I heard of the 92l. was by a communication from the official assignee in Nov., 1844, I think—I answered that—(looking at a letter)—this is the second answer I made to the official assignee—it is dated 4th Dec.—my first answer I think was on 4th Nov., about a month before—I was present on three or four occasions at the Bankruptcy court while the defendant was passing his examination—I think I was present on 5th Dec., 1844, but I am not sure, or whether I was there on 21st Jan., 1845—I was examined there twice, once in May. last year, and once in 1844 or 1845—it must have been in 1845 that I was examined the first time, I think—I do not think I was present at any time when the prisoner was being examined and when I was not examined.
Cross-examined by MR. RYLAND. Q. Have you any doubt that you were present on 5th Dec., 1844, the first time that Willett was examined? A. I really cannot swear that I was present that day—I will not swear I was not—I was examined there on two occasions—I heard him state on both occasions, that he had given me the 92l.—I think the first time I heard him state that was in 1844, the second time was in 1846, I think—the bag he gave me contained twelve sovereigns, and nothing else; no memorandum or note—I was not in the dock when he gave it me—I stood under it—I went into the dock afterwards, or to the back of the place where they took him to after his trial—that was after he had given me the bag—he gave me the bag over the dock, as I stood on the floor of the Court—I had made no demand of him for money on that day—I had asked him for money the day before, and the day before that—he had given me the 14l. on the first day, the 18th, and the 6l. on the 19th, according to my book—I put it down at the time—he gave me this 12l. without any request on my part, after the trial—I have no doubt I had had some conversation with him that morning, before he surrendered—I did not tell him he had better hand over to me whatever property he had, to take care of for him—nothing of the sort—he was indicted for felony—I knew that if he was convicted his property would be forfeited—I swear I did not
tell him the day before that he had better hand over to me whatever money he had, in case of his being convicted—I said nothing of the sort to him—I talked to him on the morning of the trial about the business, about the indictment, and so forth, and his defence to it—I do not recollect anything particular—I might have talked about property—I cannot recollect what I said, but I distinctly swear I said nothing to him about handing over the money to me—I did not tell him that morning, that if he was convicted his property would be forfeited—it must have been some time before, because he had been advised to make over his property, in case he was convicted—he was so advised by Mr. Smoothey and myself—the conversation I had with him on the morning of the trial was a general conversation—I cannot pin my recollection to anything about it—I do not know what it was—I swear I did not ask him for the 12l. to take care of, nor did I tell him he had better deposit with me any money that he had, in case he was convicted of the felony—I gave him no advice about depositing money with me—Wiltshire was not in the dock when the prisoner gave me the purse—I did not see him, he might have been in Court—Johnson might have been in Court—I do not recollect seeing him about that time—he was not in the dock when Willett handed the purse to me—I do not know where he was—I did not see him at that time, nor Wiltshire—they were about the Court—I examined the contents of the purse as soon as I got away from the bustle of the Court—I cannot say whether it was an hour, an hour and a half, or two hours after I received it—I had been nowhere during that time, only about the Court—I did not see after the money matters much till I got to the inn or the bank—I do not say I was about the Court for two hours, it might have been two hours—I was about there some time—I went and spoke to the defendant, where he was placed after leaving the dock.
Q. What did he give you the money for? A. I expect he gave it me to take care of for him, being about to be taken away—I distinctly swear that I had not advised him that morning to give me what he had, to take care of for him—he never applied to me to give an account of the money—his brother, John Willett, has never applied to me about it—I swear that—the first intimation I had of it was more than a year and a quarter after, from the official assignee—I might have gone to the prisoner's premises afterwards—I went and ordered goods, I believe—I think I saw his brother John and his mother—they did not both apply to me to give an account of the money that Joseph had deposited in my hands—I swear that—I had not been concerned as attorney for the family for some years—I had been concerned for his father—I do not think I had sold any property for the father—I did several things for him, and had an unsettled account with him—there are unsettled accounts still—there is a small balance also due to me from the defendant—my bill against him for the prosecution was 33l. 13s. and he paid me 32l., including the money in the purse—he owes me a balance of 1l. 13s. on that business—I had another bill against him and his brother John of, I think, 11l. 7s.—I think it was a joint affair—they carried on two or three trades—it was for professional business.
MR. CLARKSON. Q. Were you ever present at any meeting at the Bankruptcy Court, at which the bankrupt made any statement that he had given you 92l., except the two occasions that you have mentioned when you were examined? A. No, I never heard him state it except on those two occasions—there was an adjournment from the 5th of Dec. to the 21st of Jan. to examine me—I do not recollect the bankrupt stating that I had received the
92l. from him, before I was examined—I had never heard it until I heard it from the official assignee.
FREDERICK SMOOTHEY. I am attorney, and live at Braintree, in Essex. I was first applied to by the defendant's brother to defend him—Mr. Knight, an ironmonger, called upon me afterwards; and in consequence of what he said, I went to Coggleshall at the time the defendant was had up before the Magistrate—it was not to assist Mr. Bickmore in the defence—he was not at home—I attended the assizes in the summer of 1843—after the trial I was at the inn where Mr. Bickmore put up—I am not sure that I saw him produce the canvas bag—I heard him counting the money—I do not know that I saw it—he told me what there was—after the defendant came out of prison I saw him at Braintree—it was some time about the Christmas of 1843—I asked him when he intended to pay my bill for his defence—(Mr. Bickmore had not attended before the Magistrate—I believe he came in late in the evening, but I attended alone—I had an account against the defendant in respect of that prosecution, and when I met him in Braintree I asked when he intended to pay my bill)—he said he would pay it sometime in the middle of Feb.—he said he did not consider that he owed Mr. Bickmore much, as he had paid him 20l. previous to the trial, and had handed him a bag containing twelve sovereigns after he was convicted.
Cross-examined by MR. BALLANTINE. Q. There were two persons indicted, were there not? A. There were—I defended them both, in conjuncttion with Mr. Bickmore—the defendant was to pay the expenses of the other party also, who was his servant—the other was acquitted—I have known Mr. Bickmore fourteen or fifteen years—I do not think that this charge of having received 90l. odd, at all affects his credit in the County—I cannot say how long it was after the trial that I got to the inn—it might be a quarter or three quarters of an hour—it is impossible for me to say, so many years ago—I do not think we went together—I think I was in the room when he came in—I cannot say how long, but, to the best of my recollection, it was about half-an-hour—we were in a private room there—there was another person there, whom I was talking to—I cannot give you his name—I believe it was a gentleman from Harwich—I was not talking to him about this transaction, but about some other business—he was not connected either with Mr. Bickmore or myself—I believe he was present when Mr. Bickmore came in—I was talking to him while Mr. Bickmore was counting the money—I have not made any inquiries about him, or endeavoured to ascertain who he is—I have never seen him since—I am not certain as to the party—I only speak to the best of my recollection—I had no curiosity to know what Mr. Bickmore was counting—he told me there was 12l. in the purse—I never asked him any question—I do not know that he called my attention to it—if he did I might have turned round to see it, he merely said that—when I met the prisoner in Braintree, it was in the street, as I was coming round the corner of Sparrow's Bank, near the railway—it was an accidental meeting—nobody was present but ourselves—he was in his cart—it was then he told me that he had handed over the bag containing twelve sovereigns to Mr. Bickmore—I had said nothing to him about it—I had not seen him from the time of his conviction—I made no reply when he said this to me—I might have said I knew it very well—I do not know whether I did or not—I recollect asking him when he would pay my costs—I might have had other conversation with him, but it was very short—I was not the first person to mention the bag, he mentioned it himself—I had seen him hand something to Mr. Bickmore in
Court, but I did not know what it was at the time—the amount of the costs he owes me is between 40l. and 50l.—there has been no question about the amount of money that he handed to me—I have never had a sixpence from him—at the time of the trial Mr. Bickmore, I think, gave me about 7l., for the payment of the Court fees or briefs, or something of that sort—that is all I have never received—I have sent in my demand, and have never been able to get it—I have not proved my debt in bankruptcy—I brought an action for it previous to his being a bankrupt, but did not proceed in it after he became a bankrupt—I have not got my bill here, or the items of which it was composed.
MR. PHINN. Q. Had you communicated with Mr. Bickmore previous to seeing him at the inn, as to an advance of money by the prisoner for the costs? A. I had.
FREDERICK KNIGHT. I am an ironmonger, living at Bocking, near Braintree—I knew the defendant for several years previous to 1843—I Communicated with Mr. Smoothey as to his defence—I saw him, I think, about six or eight months after he came out of prison, either in my own shop or in his—I asked if he was not going to pay Mr. Smoothey—he said, "No," that he had paid Mr. Bickmore, I think he said. 40l. and handed over to him on the day of the trial, a bag containing 12l. or 14l., and Mr. Smoothey must get it of him—it might contain 90l.; I do not know, but that was what he said—he did not state in what coin it was.
COURT. Q. Do you mean that he said it might contain 90l.? A. No, he did not say so.
Cross-examined by MR. RYLAND. Q. Then what makes you think it possible that it might contain 90l.? A. It might, I did not see it—nothing passed be-between us on the subject of 90l.; or about notes—he did not say for what purpose he had given Mr. Bickmore the bag containing the 12l. or 14l.—he did not say some of it was gold, and some notes—he said he gave Mr. Biokmore the money to keep for him to return again, that he might live rather better when he was convicted, in Chelmsford Gaol, than a common felon, and that if they had behaved better to him he would have paid Mr. Smoothey—he complained of Mr. Smoothey and Mr. Bickmore keeping him without the money, so that he was obliged to live poorly in gaol—he did not tell me that he had handed over to Mr. Bickmore all he had in the world—nothing of the sort.
FREDERICK WEST re-examined. The entry in the balance-sheet, relating to the 92l.; is as follows:—"Amount deposited with Mr. Bickmore, of Kelvedon, solicitor, on 20th July, 1842, to be accounted for to my estate, 92l."—he credits himself with that in his general balance-sheet.
Witnesses for the Defence.
BENJAMIN WILTSHIRE. I am now a master-currier, at Coggleshall, in Essex—I was at one time in the defendant's employment—I remember his being tried at Chelmsford—I was present at the trial—on the morning of the trial I saw him at the Spotted Dog—he was out on bail—he showed me the money he had got in his pocket—it was in a canvass-bag, and consisted of notes and gold—I did not handle the notes, or notice the amount of any of them—he counted out 92l., notes and all—I could not tell exactly how many sovereigns there were—I should say there were more than twelve—after counting out the money, he put the money in the bag, and put it in his pocket—I think this was about ten o'clock in the morning—I believe he was waiting for the trial to be called on—he said something to me at the time he put the money into his pocket—I left him against the Spotted Dog, in company
with Mr. Bickmore, who met him there—I do not recollect how soon after that the trial began—it was no great while after—while the Jury were considering their verdict, I saw him hand over the purse to Mr. Bickmore—I am not certain whether it was before the verdict was given, or after—I think it was after—I did not notice the purse in particular when he handed it to Mr. Bickmore—I cannot say whether it appeared the same in bulk as when I had seen it previously.
MR. PHINN. Q. How long had you lived servant with the defendant? A. About four years—before that I had been working in the trade for another man—I had failed in business—at the time the defendant counted out the money, he owed me 26l. 10s.—no, I think it was 36l. 10s.—that was it, to the best of my belief—I am wrong, I made a mistake—at the time of the trial, he paid me none—I was thinking you meant what he owed me at the time of his bankruptcy—at the time he counted out the money, he owed me 72l.—he has paid me some since his trial—I did not apply to him for payment at that time—I knew he was going to be tried—I saw each note as he counted it—I cannot say whether they were Bank of England notes, or provincial notes, or whether they were fives, tens, or twenties—there were three different number, I believe—I do not think there was a 20l. note among them—I was within two or three yards of him at the time he was counting them—we both sat at the table—I cannot say how many sovereigns there were—there were not fifty—there were more than ten—I cannot speak to there being twenty or thirty—the 72l. he owed me was for money lent.
Q. Where did you get the money to lend him; you say you had failed in business some time before? A. Some I had saved, and some I had given to me by my wife's family—part of it I had saved in his service—I cannot recollect how much—I had had about 80l. given to me, I think—that was at the time I was in his service—must I say who gave it me?—it was given to me by my wife's grandfather, whose name was Addy—I was examined at the Bankruptcy Court—(looking at the examination)—this is my signature—(the witness's examination being read, stated, "I saved 70l. as a journeyman currier, in four or five years;" but it contained no mention of the 80l. being given to him)—I did not say anything on that occasion as to the 80l. having been given to me—I said I had saved part of the 70l. as a journeyman, in four or five years—what I stated then was true enough—I cannot call to my recollection whether I stated that I had saved 70l. in four or five years—my wages, as a journeyman, were about 30s. a week—I lived out of the house—during those four or five years I paid a good deal of what I owed my creditors, little monies round about—I cannot recollect how much I paid my creditors in those four or five years—I was examined as a witness for the defendant on his trial—I do not know that I went to prove that he was not the person who committed the assault—I do not remember what I swore at the trial—since the trial I have been charged with assisting the defendant in removing his goods to get them out of the way of his creditors—I did do so—he employed me to do it—I hid a quantity of leather in a false ceiling—I saw Mr. West the day before yesterday—I told him that part of what I had stated before the Commissioner of Bankruptcy was untrue, for I had been led into it by my master unawares.
Q. Will you swear that you did not tell him that the whole of what you had stated, about seeing your master count out the 90l., was untrue? A. I believe not—I said it was false—I believe it was false that Mr. Bickmore had it through what I had heard since the last hearing—my master has told me that he did not give Mr. Bickmore 92l.—he told me he gave him 12l.
MR. BALLANTINE. Q. Then, in point of fact, you have been in communication
with the clerk to the attorney for this prosecution? A. I was, with Mr. West—he subpœnaed me to attend here to-day—he did not serve me with it—Mr. Mayhew served me—the conversation that I had with Mr. West was at Mr. Lott's office—I went there by appointment—it was written on the subpœnaed that I was to be at Mr. Lott's office at such a time, and I went there accordingly—nothing was said about prosecution me for concealing this property, or about my saving myself from prosecution—I did not tell Mr. West what I should say in particular if I was called as a witness—he did not ask me in particular what I should say—he told me that he did not know whether they should want me or not, but he thought the others would, and it would be about the 92l.—I said I was sorry for it, I did want to say anything about it, but if I was called I should tell the truth about it—nothing else passed—I was to be at the Court at such a time, and not to be away from my time—he said he thought they should not want me, but the other side probably would, about the 92l.—I do not recollect that he said anything more.
EDWARD JOHNSON. I am a shoemaker, living at Coggleshall—I know the defendant, and was present at his trial, at Chelmsford, in July, 1843—I saw him give Mr. Bickmore a canvas-bag, or purse—I believe it was after the Jury had given their verdict—it appeared to contain something—I should not like to form an opinion as to how many sovereigns it might contain—Wiltshire was there at the time—I saw the defendant and Mr. Bickmore talking together at the time the bag was given—I did not hear what they said.
Mr. PHINN. Q. How far were you from me and the dock? A. Something like a yard, I think—there was nobody between me and the dock—I should say that some conversation passed, from the position they stood in; but I did not hear anything not to understand what was said—Mr. Bickmore stood below the duck, and Willett in the dock, and he leant over and had some conversation with Mr. Bickmore, I suppose; I did no hear what was said—I am no enemy of Willett's—I am a friend of his, as far as knowing him all my life.
JOHN WILLET. I am the brother of the defendant, and am an ironmonger, living at Coggleshall. On the 16th of Sept., 1843, while my brother was in prisoner, I went to Mr. Bickmore's office—that was by my brother's orders—I saw Mr. Bickmore, and told him that I was going to Chelmsford after my brother—Mr. Bickmore asked me what time we should return from Chelmsford—I said between one and two o'clock—Mr. Bickmore said he should not be at home between one and two o'clock, but between five and six o'clock he should be at home—he told me that he had received a large sum of money of my brother, and he said, "Do you tell your brother to cell, then I will settle with him of the monies"—I had not said anything to him about what he had received—on returning from Chelmsford, I called at Mr. Bickmore's between five and six o'clock—I saw a servant up at the chamber-window, and inqured if Mr. Bickmore was at home—I did not see him or hear him—about the Nov. or Dec. following, I saw him at my father's shop—he said, "I understand your father intends to have his business settled, and I should like to settle it"—I asked him if he had brought my father's account, and my brother's account, and the account of the money he had received—he said that he and my brother would not fall out, they would make it all right one day—I asked him whether it was 92l., or whether it was more or less—he said, "Your brother and I shall not fall out, but will make it all right one day"—I said nothing on that—I thought he would settle—about March, 1844, I saw him again at my shop—my mother was present—Mr. Bickmore selected some goods—my mother asked him for her husband's account, and
my brother's account, and the account of the money that he had received—he said he should see my brother, and make it all right one day—he wanted to purchased a stove—he looked one out, but we did not send it—we did not say anything to him about it.
MR. PHINN. Q. Is your ironmongery business carried on under the same roof as your brother's curriery business was? A. Yes; it was carried on separately—I was not accused of helping to remove hi goods, to conceal them from the assignees—I did not assist my brother, or Wiltshire, to conceal his goods from the assignees—I was examined privately at the Bankruptcy-court; but not regarding the 92l., or my interview with Mr. Bickmore—my brother never brought me to the Bankruptcy-court when he was examined about the 92l.—I believe I was present once when my brother was examined; but I was not examined—I heard Mr. Bickmore there state that no application had been made to him for the money by my brother—my brother did not then ask me to be a witness for him—that was in the year 1843—it was in the autumn, I think—I was not there when Mr. Duncan was my brother's counsel, nor when my brother was examined about the 92l. on a previous occasion—I was there in Nov. or Dec., I think—he was then examined about the 92l.—I think Mr. Bickmore was examined the same day—I was not examined as a witness then—when I saw Mr. Bickmore, while my brother was in goal, I commenced the conversation by telling him I was going to Chelmsford after my brother—I did not ask him anything about money, before he spoke about money to me—he told me had received a large sum of money from my brother, and when my brother returned, he would see and settle with him—he did not say what the sum of money was—I did not ask him to give my brother some money to help him to come out of prison—I called on him again in the evening with my brother, but did not see him—I think I next saw him in Nov.; that was before my brother became bankrupt—I think it was in 1843; the same year in which he went to prison—I then had the conversation with him that I have stated—Mr. Payne was my brother's attorney in the bankruptcy—I saw him in Court about the time the discussion was going on as to the 92l.—I did not sate to him the conversation I had had with Mr. Bickmore—I never had any conversation with Mr. Payne—I told my brother about it when he came home—I don't know that I said anything particular about it to any one but my brother.
MARY WILLET. I am a widow, and am the mother of the defendant and of last witness; In March, 1844, my husband was living—but my son John carried on the business as an ironmonger, at Coggleshall—I know Mr. Bickmore—about March, 1844, he came to our shop for some goods—he locked some out, and I think he had them—my son John was there—Mr. Bickmore asked me if Joseph was at home—I said "No;" and I asked him for my husband's account, my son Joseph's account, and the account of the money he had received; and I asked him, was it 90l. or 92l., or what was it—he said, "Your son Joseph and I shall not fall out, but we shall make it right one day"—that was all the answer he gave—I said nothing more to him.
Mr. PHINN. Q. I believe you were examined at the Court of Bnkruptcy. A. Yes—I don't recollect the Commissioner threatening to commit me for not answering properly—I was not present on either occasion when my son was examined about the 92l.—I knew on both occasion that he was going to London to be examined about it; but I did not come forward.
GUILTY.— Confined One Month, and then Transported for Seven Years
Before Mr. Justice Maule.
1615. THOMAS TRUMAN was indicted for embezzling the sum of 1l. 6s. 8d., which he had received by virtue of his employment as clerk to, and on account of, Martin Goodwin, William Anderson Staying, and Henry Underhill, his masters: Other count stating him to be employed as servant, and in the capacity of clerk and servant, to the said Martin Goodwin and others, the Guardians of the Poor of the Holborn Union; and other counts charging a larceny.
Upon MR. CLARKSONS opening, detailing the same state of circumstances as were proved on the former trial, (see Eighth Session, page 392.) the COURT held, that the prisoner was not acting the capacity of clerk or servant, and directed him to be
(He was also charged upon two other indictment, with like embezzlements, upon which no evidence was offered.)
MR. PAYNE conducted the Prosecution.
JOHN HILL. I am an inmate of the workhouse of St. Leonard, Shoreditch; the prisoner was also an inmate there On Friday, the 11th of June, between twelve and one o'clock in the day, I was standing at the gate, where I am employed to keep the men from the women's ward—I have a box there—an old man belonging to the workhouse was sitting near it, and I saw the prisoner strike that old man on the head—I cannot say whether anything had passed between them before that—I heard nothing pass—I said to the prisoner, "Ikey, don't strike an old man; I must go and fetch the master if you don't keep yourself quiet"—he then said he would serve me the same, and used bad language—he took the chair which I sat in, out of my box, and offered to strike me with it—I put up my arm to stop the blow, and he struck me on the elbow—it hurt my elbow—I feel it now a little—I then went across the yard to get away from him—he followed me, took hold of my clothes, threw me down on my back on the stone, and fell on me with the whole of his weight—the back part of my head struck on the stones—I have the wound now—it was occasioned by his throwing me down and falling on me—it bled—I lost my senses I should say for nearly a minute and a half or two minutes—I felt the blood come down my neck—Buckeredge came to my assistance—I was taken to a surgeon, and my head was dressed—I was also injured in my ribs, but whether it was with his knee, or kicking me, I cannot say—I suffer pain from it now—I have been in the workhouse three years and a half—the prisoner has been there longer—he is very quarrelsome and mischievous, and if two men are talking together he fancies they are talking about him—I have known that happen several times—he has interfered with me before—he once kicked me on the leg when I worked in the oakum shop, without any quarrel or provocation whatever—I have the would on my leg now.
JAMES BUCKERIDGE , I am an inmate of Shoreditch workhouse. On the 11th of June I was in my own place, facing where this matter happened—I saw the prosecutor when he was thrown down backwards by the prisoner—he was bleeding profusely—I ran out to assist him—the prisoner was a-top of him—I got him off at last and he went away—I went over to my place
again, and he came and seized me in the same manner, and threw me backwards—I am afraid I shall not get the use of my shoulder again—he has been in the habit of doing it before—he did not say a word while he was doing it—it was done in a tremendous spiteful way—I do not think he is altogether right in his mind—he gets into this savage cross disposition—after he had thrown me down, a parcel of boys in the yard came and assisted in getting him off me, and got him away from me—he got away from the boys and escaped over the wall, but the neighbours turned him back again—the doctor and the officers then came up, and finding he was in that tremendous manner they ordered the jacket on him, he was brought in that way before the Magistrate; and even then he plunged a good deal, so that they could not get him along the streets.
JOHN TURNER. I am an inhabitant of Shoreditch workhouse. On sunday, the 11th of June, I witnessed the whole of what happened to Hill—I observed that his head was wounded—the prisoner did it—I saw the blood while he lay on the ground—I looked at his head afterwards, before it was dressed—there was a cut two different ways, a kind of cross cut—the skin was cut open.
THOMAS JAMES RYDER. I am a surgeon. I did attend before the Magistrate—the gentleman who did is very ill, and I fear by this time dead—I have been in the habit of attending Shoreditch workhouse for the last nine months—I know the prisoner and have often seen him there—I think I have attended him, but I am not quite certain—I examined Hill's head—he had a scalp would at the upper part, and a slight wound which is now healed—I did not see it when it was recent—it was a wound—I have noticed the prisoner's manner to be eccentric and morose, and he bears the character of being very strange in the workhouse—I have myself observed him, and have several times asked Mr. Clark, the surgeon, if he was not insane—I had communicated with Mr. Clark as to his conduct and manner before this affair.
Prisoner. I have nothing to say.
ANN CANNON. I am the prisoner's mother—he has had fits ever since he was twelve months old, and he is very much excited—the older he grows the worse he is—he is now forty-six years of age—when I went to the prisoner the other day he did not know me for some minute—at times he is as well as I am, and at other times he is lost—he used to work in the churchyard as a grave-digger; but he and Mr. Young fell out, and he has been worse ever since he left the churchyard, which is three years since—he never did anything that required mind or skill—nothing but digging graves.
NOT GUILTY.—(Being insane.)
NEW COURT.—Wednesday, July 7th, 1847.
PRESENT—Sir CHAPMAN MARSHALL, Knt.; Sir WILLIAM MAGNAY, Bart., Aldermen; Mr. Aldermen HUGHES; and Mr. COMMON SERJEANT
Fifth Jury, before Mr. Common Serjeant.
RALPH ORMSTON. I am a cheesemonger, and live in South-street, Manchester-street—the prisoner was my apprentice, and was in the habit of receiving money for me, which it was his duty to pay to me the same day—if
he received 10s. 4d, on the 9th of June, he did not pay that to me, nor 1s. on the 24th—I asked him on the 24th if he had received either of those sums—he said no—I said, "This sum of 10s. 4d. ought to have been paid before" he said, "Mrs. Lucas said she would pay it as soon as she could."
Cross-examined by MR. PARRY Q. Are you quite sure you spoke to him about the 10s. 4d.? A. Yes—we were looking over the books the day Mrs. Simmons came into the shop, and said she had paid it to the prisoner—I called him to come, and he did not—I called him three times—I then went to him—he said he had received it and spent it—I said before the Magistrate that he denied receiving this money—he could not deny it after I had found it out—he had been with me two years, on the 1st of March—I did not owe him 18s. or 19s.—he robbed me once before, and his father told me to give him no more money, he said he should supply him with money, or rather his reputed father—he was apprenticed to me in a fictitious name—the 10s. 4d. was the charge I made against him at the Police-office—I asked for a remand, and said I would bring other cases—I had called his attention to the shilling at the same time I did the other, the morning we were looking over the books—I was not asked that question before the Magistrate, that I know of—the signature to this deposition is mine—(this being read, did not mention the prisoner's having denied receiving the money.)
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury and Prosecutor.— confined Two Months
GEORGE SCAMMELL. I am a baker, and live in Union-street, Spitalfields—the prisoner was my journeyman—it was his duty to receive money for me, and to pay it to me the same evening—if he received 18s. 5d. on the 25th of June, 5s. 7d. on the 28th of June, or 9 1/2d. on the 1st of July, he has not paid it to me—he ought to have paid it on those days.
Prisoner's Defence. I received these sums, but I had the misfortune to lose half-a-sovereign—I was not able to pay them on that account—when my wages came due on the Saturday I would have paid them.
GUILTY. Aged 34.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
the prisoner managed for me—he was my servant—he had 15s. a week, and his bread, flour, and coals—I supplied the bread, flour, and coals, and everything from my other shop—it was his duty to account to me every night for money he received—he accounted up to the 10th of June—one the 12th of June I went to Queen-street, went into the bakehouse, and complained to the prisoner that the batch of bread was not out, it being then ten or half-past ten o'clock—I said, "I have no bread in the home shop"—he said, "I have plenty of bread in my shop"—it struck my attention from his laying such an emphasis on the word "my"—I said, "What do you mean?"—he said, "I mean what I say"—I said, "Well, you are going to leave to-night, that is a good job"—(I had given him notice to leave)—he said, "No, I am not"—I went and sent my foreman from Ratcliff-cross down to that shop—supposing the prisoner to have received 8s. 6d. from Susan Lewin on the 12th June, he has never accounted to me for that, nor for many other sums besides—if he received 3s. on the 21st of June from Catherine Piper he has never accounted for that.
Cross-examined by MR. CHARNOCK. Q. Do you mean that he was hired by you as a servant? A. Yes, eighteen months before—he did not purchase the business of Mr. Swain—I did not lend him any money to do so—I have not got the receipt he had from Mr. Swain on going into the shop—it was given back to Mr. Swain—I sent the prisoner to engage the shop for me—he treated for me—I did not lend him the money to purchase it in his own name—I never had such a thought—when the prisoner entered the shop he was not under any liability on a Judge's order, to my knowledge—I never said to him, "You had better make out the bills for the present in my name, and after that in your own name"—I did not call on him, and ask him to go to the station with me—we were watching him the whole night—he would not let the policeman in—I did not go to the shop and take forcible possession, and turn out him and his wife, and the people living there with him—he was already out—I did not turn the woman out and all her things—I took them away, as I ought to do—I hired a room and put them in—there has been an action brought against me—I have not said I was determined to be revenged for it—I was seeking the prisoner for three days, and could not find him—I never uttered such a thing in my life as that I was determined to be revenged on him—I know a boy name Martin—I authorised the prisoner to hire him at ten shillings a-week—he was hired on my account—I authorized the prisoner to pay him on Saturday nights out of my money—I took that boy round to the customers, because the prisoner stole my books—I do not know half that I have lost—Mr. Newman, a schoolmaster, called on me—he said he was prepared to pay any money if there was anything owing—he pulled out a lot of flash notes with "Elegance" on them—I saw the notes myself—I did not tell Mr. Newman that the prisoner was not indebted to me, and did not owe me anything—the prisoner settled with me up to the 10th of June—he never denied or acknowledged that he had received this money from Mrs. Lewin—on the 11th I was not there to settle, I was at Greenwich—he told me he had got the money, and meant to keep it—that applied to 4l. 10s., which I ought to have received on the Friday before—that was before he had received Mrs. Lewin's money—she did not pay till the evening, and I asked him in the afternoon—I seized all the money there was in the till, which was a penny and five farthings—I swear there was no more—I do not know who had been at the till before I went—I went to it by myself.
MR. PAYNE. Q. Did you pay Mr. Swain 11l. for the fixtures, and
2l. 16s. for the stock in the house? A. Yes—there is no pretence for saying it was the prisoner's place—I never heard a sentence of it before.
COURT Q. Did you ask him about the sum supposed to have been received from Mrs. Lewin? A. No, he gave me no opportunity—I gave him into custody—he made no answer.
Susan Lewin. I am the wife of William Lewin—I dealt at the shop, No. 8, Queen-street, Ratcliff-cross, from the 10th of April—I first paid Mr. Clarke, and after that, the prisoner—I paid him 8s. 6d. on the 12th of June, for bread and flour—I believe I paid him for Mr. Clarke.
Cross-examined. Q. was the prisoner the man who supplied you with bread? A. Yes, he used to serve me—I did not give it a thought whether he was the person I was dealing with—I supposed, as I dealt with Mr. Clarke first that he was the master.
CATHERINE PIPER. I paid the prisoner 3s. on the 21st of June, for bread he had served me with at No. 8, Queen-street—I had paid Mr. Clarke first while he served in the shop—I afterwards paid the prisoner.
Cross-examined. Q. Did you know who you were dealing with? A. I expect Mr. Clarke—I paid Mr. Clarke the first payment—since he has come there he has not brought a little boy to me—he was told where I lived.
MR. CHARNOCK called
GEORGE NORTHS NEWMAN. I am a schoolmaster, and live inn church-lane, Limehouse. I have been a schoolmaster seventeen or eighteen years—I recollect going to the prosecutor with reference to this matter, on the 12th of June, about the middle of the day—I went into the shop—I saw Mr. Clarke—I asked him what claim or demand he had, as there was some dispute—I did not produce any flash notes—I had none in my possession—I produced three 5l. bank notes, some sovereigns, and some silver—I said that any claim or demand he might have against Parker I would settle immediately, or anything he might be indebted to him—I do not deal in flash notes.
MR. PAYNE. Q. What did you go to pay that sum of money for? A. If there was any claim or demand on Parker, I offered to settle it—I asked Mr. Clarke whether he had any claim or demand—I was sent by the prisoner.
COURT. Q. What time did you receive your instructions from Parker to go? A. He came to my house about mid-day on the 12th—I do not know that there was any demand made upon him that I had to answer; but when I saw the fixtures were being removed, I asked him who was the owner of that property—he could not tell—I said I would go to the landlord, and I did so—I went to the broker also, and the collector of the rates.
MR. PAYNE. Q. You cannot tell us what demand was to be paid, or why you should take three 5l. notes? A. I was going on other business, and I put money in my pocket—I did not know that the prisoner had notice to leave the prosecutor's service—there are witnesses in Court who can prove I had these notes—I believe they came from the London and Westminster Bank—I had them from Mr. Mitchelson, who lives at Hampstead—he had nothing to do with the prisoner and me—if I chose to advance or lend the money to the prisoner, I might do so.
COURT Q. What did you take these notes for? A. I had got discounted bill by Mr. Mitchelson, and I had these three notes.
MR. PAYNE. Q. What is Mr. Mitchelson? A.A gentleman of property—I
cannot say how I first knew him, but I have several times had bills discounted by him—I was the drawer of this bill—the acceptor is an ironmonger, named Clarke, who lives at Limehouse—he accepted the bill partly for my accommodation—I have known him five or six years—he keeps a shop—it was a bill of 50l.—I decline to answer what I wanted it discounted for—that is my private business—I had a bill of 20l. discounted before that by Mr. Mitchelson—that was for my business—I cannot tell how much money I have received from this ironmonger within the last six months.
MR. CHARNOCK Q. Is it a fact that you went with three 5l. notes to the prosecutor to offer to pay any demand he might have upon the prisoner? A. Yes—they were genuine notes, and my own property—the boy was present—he saw the notes, and saw me offer them to the prosecutor.
THOMAS MARTIN. I was engaged by the prisoner to carry out bread and other things to persons—he engaged to pay me 12s. a week—he paid me that on Saturday nights for five weeks—I do not know that I had anything to do with Mr. Clarke—I was there when Mr. Newman came, and offered to pay any demand Mr. Clarke had on Mr. Parker—he produced three 5l. notes—they were not flash notes, but real, good, bank notes—Mr. Clarke said he had no demand on Mr. Parker—I was there when Mr. Clarke came and turned the things out, and he turned me out also—he asked me to go round to show him the customers, and I did so—I saw Mr. Clarke come and take the money out of the till.
MR. PAYNE Q. Did not you go to the customers because the book was taken away? A. I do not know—there was a book—I was in the shop when Mr. Newman came with the notes, and Mr. Clarke was in the shop also—I received my last money Mr. Parker—I used to go continually to Mr. Clarke's for coals and flour.
JURY to JAMES BUTTON CLARKE. Q. Have you any receipts for taxes or rent? A. The taxes are paid by the landlord—the gas is in my name—I have only had the place since the 30th of March—here is a receipt for rent—the landlord acknowledges Mr. Swain still as tenant—I know the money in question was not received and put into the till, because the prisoner received it after he was out of the house—I never saw him afterwards.
GUILTY. Aged 24.— Confined Six Months.
(MR. PARNELL, on the part of the prosecution, offered no evidence.)
WILLIAM SPAIN. I am in the service of Mr. Ling. The prisoner came to his shop on the 15th of June, and bought various things—she took with her some flannel, to the amount of 4s. 7d., and directed me to send the other goods to No. 37, Phillips-street, Commercial-road—she represented herself to come from Captain Waller—I sent to that address, but could find no such person—she bought the flannel, saying she would pay for it when the other goods were sent to captain Waller's.
things—she looked at a silk mantle, and said she should require two more like it, if it was approved of; that they were for her mamma, Mrs. Warner, the wife of Captain Warner—I left her have the mantle on the faith of that statement—she took that with her—the other articles were to be forwarded at three o'clock in the afternoon—I went to the address she gave me, and there was no Captain Warner, or the prisoner known.
THOMAS ROBERTS. I live with Mr. Kelly, in Bishopsgate-street. The prisoner came there to look at some muslin dresses, and various other goods—she said she was buying them for herself and two sisters—three yards of flannel were cut off, which she wished to take with her, to leave before she got home, but she did not tell me where—the other goods were to be sent to Captain Warner's, Finsbury-square—I gave her the flannel, to leave where she pleased.
GUILTY on 2nd COUNT. Aged 18.— Confined Four Months.
JOHN THOMPSON. I am a tailor and outfitter, and live in Wellington-place, East India Dock, Limehouse. The prisoner came to me on the 24th of June, and said he was recommended to me, by some of my customers, to have an outfit—he gave an order to the amount of 70l., and said be should receive a cheque from home to pay on the following Tuesday—when he had concluded the order, he asked me to oblige him with two sovereigns—he represented himself as a chief officer in the employ of Mr. Smith, the ship-owner—I did not consider there was any danger in his request, and I did so—on the next day he came again—he said the ship would sail soon, and would I let him have three sovereigns—I did so—he said, "I rather think I shall want some money to pay the labourers to-morrow; if Mr. Smith does not come, will you oblige me?"—I said I would, and he came and had three sovereigns—he came again, and had two sovereigns more—he said he was chief officer of a vessel lying in Mr. Green's dock—I lent him all this money, believing he was chief officer of that ship.
THOMAS COX. I am foreman to Mr. Thompson, an outfitter. On the 25th of June the prisoner came to the shop, and asked if his things were ready—we told him they were getting on with—he had ordered the goods before—he borrowed 3l.—he said he was chief mate of the ship Kestell, belonging to Mr. Smith—he came again on the Saturday evening, and he asked for 3l. more—he said it was to pay Mr. Smith's men—he obtained it, and went away.
Prisoner. Q. Did you me say I borrowed three sovereigns to pay Mr. Smith's men, and that I was chief officer of the Kestell? A. Yes I did.
WILLIAM FULCHER. I am a partner in the firm of Thomas and William Smith, shipowners, of Cornhill and Newcastle. We have a vessel called the Kestell—the prisoner is not chief mate of it—he was not employed by Mr. Smith—I know nothing about him, except that he came home in a vessel some months ago—he never paid any of Mr. Smith's men—he had nothing to do with it—he was not authorized to act as an officer, or in payment.
Prisoner's Defence. Last Thursday fortnight I saw the chief officer of the Kestell; I applied to him for a second-officer's situation; he told me to make application at the office—I saw him again the next day; he said he had to go to the Thames Police-office, and if I saw him in the evening, he would inform me whether he was going to leave the ship or no; I saw him again on
the Saturday; he said he had been settled with, and he was going to Liver-pool, that very likely should not return again, and I had better go to the ship on Monday, and see Mr. Smith: I went, and saw him; I told him I had been told to come there by the chief officer; he said he did not know any-thing about it; I saw his brother on the Wednesday following; I did not get an answer, and I remained by the ship the whole week; I have sailed in a man-of-war with Mr. George Wright, the deputy-governor of Newgate.
GUILTY. Aged 36.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. PARNELL conducted the prosecution.
MAURICE MOSES. I am in partnership with two others, as clothiers, at No, 87, Tower-hill. The prisoner was in our employ for about three years, to assist in taking in and giving out work—he was foreman of the cutters—my brother sent a pair of trowsers to be repaired—they would find their way into the prisoner's department—they were lost—I asked the prisoner several times about them, he said they were lost, that they were gone from the warehouse, and had got mixed amongst the goods—he said he had looked for them, and could not find them—these now produced are the trowsers—I was with the officer when he went to the prisoner's lodging—he found in a drawer in the pri soner's bed-room, a duplicate corresponding with this duplicate of the trowsers.
Cross-examined by MR. CLARKSON. Q. These are made with gaiter bottoms? A. They are made with peculiar bottoms—the value of this pair of trowsers when they came to be mended was 8s.—we thought well of the prisoner till recently—he had been foreman of the cutters fifteen or eighteen months—he had 6s. 6d. a-day—I can identify these trowsers by a burn on the leg—this is it.
SAMUEL HENNY MOSES. I am assistant to Mr. Maurice Moses. I know these trowsers—we made them for Mr. Hyam Moses—I do not know the name of the tailor who made them—the stuff was ours—we saw them before Mr. Hyam Moses had them—I recollect their being sent to be repaired about three months ago—I have seen Mr. Hyam Moses wearing them—they have passed though my hands, when they came back to be repaired—they were lost—I asked the prisoner about them—he told me on one occasion that he gave them to a man, who brought them home, and handed them to him, and that he handed them to me—that was not true.
Cross-examined. Q. What do you know them by? A. By the pattern, by the cut, and by this scorch—I am not in the habit of having my trowsers made in this manner, but the last I had were made after this pattern—we generally trim the trowsers, or fit them up in a certain manner; and these are fitted up in the same manner as mine—the buttons are the same as we have had in the house these six years—I have one of them here—it is a very peculiar button—the owners of these trowsers, I should think, are Messrs, Moses—they were in their hands to get repaired—the gentleman to whom they did belong, is gone to Van Dieman's Land—I saw him in the vessel on the 1st of July—I do not know when these trowsers were found at the pawn-broker's—perhaps it may be ten days or a fortnight ago—I know the trowsers well—we buy the stuff, and make them up—it is not a common pattern—it is the only one I have seen of this kind—I do not know where they bought it—that is not my business.
MR. PARNELL. Q. Did you ever see the prisoner with a pair trowsers of this pattern? A. No.
JURY. Q. Have you made any trowsers of that same pattern for any other person? A. Never.
BENJAMIN HASELDINE. I am assistant to a pawnbroker in the Minories. I know the prisoner from pawning at our shop—I have the counterpart of this duplicate—I do not recollect these trowsers being pawned—I took them in from a man who gave the name of John Yates—I know the prisoner by that name and address—I cannot charge my memory with this transaction—to the best of my belief is the man who pawned these—I do not know of any other customer of that name.
Cross-examined. Q. You cannot swear to his having pawned these trowsers? A. No—I lent five shillings on these—I think I have seen trowsers of this pattern before.
1624. HENRY HEALEY was indicted for stealing 8 printed books, value 6s.; and 1 bag 4s.; the goods of William Milbourn James, his master; and that he had been before convicted of felony; to which he pleaded
GUILTY. Aged 15.— Confined Six Months.
GUILTY. Aged 40.— Confined Three Months.
GUILTY. Aged 21.— Confined Two Months.
GUILTY. Aged 50.— Confined One Month.
1628. ALEXANDER THOMPSON, ROBERT FRAZER and MOSES ROBINSON were indicted for stealing 84lbs. weight of rope, value 8s.; 2 brushes, 1s.; 1 studding sail yard, 1s.; and I boat-book staff, 6d.; the goods of James Archer, in a vessel on the navigable river Thames; to which
FRAZER pleaded GUILTY . Aged 18.— Confined Six Days.
WILLIAM MORGAN. I am mate of the brig Gratitude, lying off Wapping James Archer is the master—we had some coils of rope, part of the rigging, safe on board on last Saturday forenoon—I missed some at seven o'clock in the evening—I called the police, and gave information—I had seen the prisoners along-side of us that day on board the schooner Sir Edward Banks—I went down the river with the officer—we overtook the prisoners, and found one coil of rope, one scrubbing-brush, the studding-sail yard and boat-hook—I am sure they are ours.
Robinson. Q. Did you see me take the studding-sail from this vessel? A. No, but I saw you let it down the main hold of your own vessel.
WILLIAM JUDGE. I am inspector of the Thames police. I went down to Erith with the boat's crew—I saw the Sir Edward Banks—I sent my men on board to prevent their Chucking anything over—I went on board, and my man said Thompson had thrown a coil of rope overboard—I asked him what he threw it away for, he said it was not rope, it was a bit of wood—I looked, but could see none—I went down, and Morgan pulled out this rope, and staff, and studding-sail yard, and said they were his—Frazer said he knew nothing about it, he was in liquor, that he recollected chucking some rope from the Gratitude to the Sir Edward banks.
JURY. Q. Were there any other men on board? A. Yes, Captain Cook—I am quite certain I saw Thompson throw the rope over.
1629. ELIZABETH WELSH and MATILDA MARTIN were indicted for stealing 16 brooches, value 8l.; 2 breast-pins, 2l.; 3 ivory-cases, 10s.; 1 cast-iron plate, 1 wafer-stamp, 2 toys, 2s.; 3 boxes, 1 chain, 4 stones for brooches, 2 half-crowns, and 7 shillings; the goods of Robert Brock, from his person; and that Martin had been before convicted of felony.
RICHARD BROCK. I met the prisoner Welsh on the 16th of June, and went home with her—I asked her to let me lie down, as I was overtired—I had in my coat pocket sixteen brooches, two breast-pins, and various other articles—I went to sleep—I awoke, and found her and Martin rifling my pockets, taking out what I had there, and they absconded—my coat was on my person—my property was all gone—part of it is here—I am quite sure of it.
Welsh. You never saw me, nor spoke to me, nor I to you. Witness. I am sure they are the females that were there.
Martin. You told me every farthing you had was 4 1/2d., and you gave me three brooches to pawn. Witness. No, I did not give you anything to pawn.
GEORGE GOLDING. I am assistant to a pawnbroker, at Shadwell—I produce three brooches, taken in of Martin on the 17th of June, one about twelve o'clock, and the others about three o'clock in the afternoon—I am sure she is the person.
Welsh. I met this young woman: she pulled this brooch out of her pocket, and said, "I will make you a present of it;" I said I had not things to wear with it; she said a friend gave it to her; I thought as it was no use to me, I would go and pawn it, as I wanted a pair of shoes—I could not tell whether it was gold or not—I pawned it for 2s., and when I came out this woman asked me to give her the duplicate of it.
Welsh. Q. Did I give you chain? A. Yes.
Welsh. You took it out of my hand, and went away with it.
THOMAS BURNS (police-constable K 255.) I went to Mr. Child, a pawnbroker—I saw Martin offer two brooches in pawn—they were refused—she went out—I followed, and questioned her respecting them—she said she had them given her by a sailor—she then said she had them given her by her brother, who was gone to Sidney—I found these cameos under a china ornament in Welsh's room.
Martin's Defence. I had been out all night; I came home, and this young woman asked me to go with her to pawn her clothes; I went, and she said, "I have got half-a-crown and some halfpence;" we went, and met the prosecutor and a cab-man; we had a drop of beer, and she went home with the prosecutor, who was very tipsy; we came out, and I had not been out more than twenty minutes when I picked up these brooches.
THOMAS PICKING (police-constable K 87.) I produce a certificate of Martin's former conviction by the name of Matilda Everdale—(read—Convicted 1st of March, 1841, and transported for seven years)—she is the person.
WELSH— GUILTY. Aged 25.— Confined Six Months.
MARTIN— GUILTY. Aged 28.— Transported for Seven Years.
RICHARD BRACEY. I am at work for Mr. Gould, a dust-contractor. On the 1st July I was in White Rose-court, Coleman-street—I saw the prisoner coming along with this shovel on his shoulder—I suspected, stopped him, and asked where he had got it from—he said a man had given it to him—I look it from him—the name of Forster is on it.
Prisoner. I was by the Bank; a man gave me this shovel, as he said it was of no use to him, he was going hay-making.
JOSEPH CULLUM (police-constable 239.) I produce a certificate of the prisoner's former conviction—(read—Convicted 11th of May, 1846, (having been before convicted of felony;) and confined one year)—he is the person.
GUILTY. Aged 19.— Transported for Seven Years.
1631. HENRY BRADFORD was indicted for stealing 1 purse, value 6d.; 1 half-sovereign, and 2 sixpences; the goods of Jane Coppinger O'Donovan, from her person; and MARY ANN BRADFORD for feloniously receiving the same, well knowing it to have been stolen.
JANE COPPINGER O'DONOVAN. I live at No. 8, Adam-street West. On the 30th of June, about eight o'clock, I was coming along a street leading from Portman-square with a lady—I felt a tustle at my pocket—I turned round, and caught Henry Bradford's hand at my pocket—I said, "You have been robbing me, or taken something"—I felt for my purse—it was gone—I caught his hand—I did not see my purse in it—it was gone—he declared solemnly he had not taken it—he pulled his hand from me and ran—I caught
him again by the arm—a soldier came to my assistance—I had not much of a struggle—a crowd assembled directly—Mary Ann Bradford came up after I had had some contention with Henry Bradford—she said he was her husband—we went to the police-station—my purse was yellow an brown—it had in it a half-sovereign, two silver penny-pieces, two sixpences, and there might be more in it.
Henry Bradford. Q. You took my hand; I had nothing in it. A. I did not see anything; I saw your two hands open.
COURT. Q. Was it possible for him to have put your purse away between the time of his taking it from you and your seizing his hand? A. I thought he had, but now, on more mature reflection, I am sure he had not I have since been very unhappy, the culprit himself could not have felt more than I have done.
GEORGE CUTLER. I am a private in the Scotch Fusileer Guards—on Wednesday evening, the 30th of June, I was coming down Wigmore-street—I had a female on my arm—I saw the prosecutrix and another lady in front of me—Henry Bradford stepped forward to them—he walked about three yards by the side of the prosecutrix—he put his left hand into her pocket on the right side, and took a brown article out and put it in his left hand coat pocket—the prosecutrix caught his hand—he made a spring from her, and made a start across the street—she caught him again—he slipped his coat of the sleeves caught his hand, and the coat hung on his back—Mary Ann Bradford stepped up to him, took the same article from his coat pocket that he had put in, and passed it to some man who came round her—that was the last I saw of the article—I could not say whether it was striped—it appeared brown.
Henry Bradford. She walked to the station with me, and said she would not leave me, because I was innocent; he said nothing till the next morning.
Witness. I mentioned it at the station-house that night, and that was the reason why she was confined.
Mary Ann Bradford to MRS. O'DONOVAN. Q. Did not the soldier ask you the colour of your purse? A. To the best of my knowledge he said it was brown, that he saw something brown pass—I am not certain whether he asked the colour, or whether I told it first.
NATHANIEL BUSHELL (police-constable D 220.) About eight o'clock that evening I came up and found Cutler holding Henry Bradford by the collar—the prosecutrix gave him in charge, and I took him to the station—he said we had made a mistake, he was innocent—Mary Ann Bradford had hold of his arm.
Henry Bradford's Defence. I am perfectly innocent; the soldier did not come up for two or three minutes; this female would not go away; she knew I was not guilty, and when she got to the station she was charged.
HENRY BRADFORD†*— GUILTY. Aged 18.— Transported for Ten Years.
MARY ANN BRADFORD— GUILTY Aged 19. Judgment respited. —.
CHARLES LLOYD. On the 24th of June, about one o'clock in the morning, I was coming over Tower-hill—the prisoner addressed me, said she had a husband and two children at home starving—I gave her 5 1/2d., which was all the halfpence I had—she wished to detain me, and I caught her hand in my
jacket pocket—she had not taken any money then, but just afterwards she was drawing my purse out f my pocket with 13s. in it—she had taken my handkerchief unknown to me—this is it—it has my name on it.
HRNRY TUBMAN (police-constable H 114.) I heard cries of "Murder!" and went to the place—I saw the prisoner, and asked her what was the matter—she made no answer—I saw the prosecutor running away—he was stopped by some men near Barking churchyard—I brought him back to the prisoner, who was on the ground—she said she would give him in charge for assaulting her—he said he did not know his handkerchief was taken, and the reason he struck her was he thought she was going to pilfer him—I found this handkerchief in her bosom.
Prisoner. Q. Was I not lying bleeding on the stones? A. You were lying down.
JOHN PHILLIPS. I live in the East India-road, Poplar—on Saturday night, the 19th of June, about twelve o'clock, I was coming home tipsy—I met the prisoner—I cannot tell whether she accosted me, or I her—I had connexion with her—she snatched my watch which was attached to a piece of ribbon in my pocket—this is it—it is mine.
Prisoner. He gave me the watch. Witness. If I felt the watch go, how could I give it her?—I gave her nothing to my knowledge.
EDMUND O'SHEA (police-constable K 97.) On Sunday morning, the 20th of June, I received information and went after the prisoner—I said she had better give up the watch—she said, "Stop there, I will bring you the watch"—I said, "I will go with you"—I went to where she lived—she said to a woman, "Where is the watch?"—she said, "Up the chimney"—she took it, and gave it to me.
Prisoner's Defence. He asked me to have something to drink, and told me to hold his watch, and when the officer came, I gave it him.
GEORGE LEWIS. I live in Hand-court, Holborn—I had a time-piece safe about nine o'clock in the morning on the 12th of June—I put it in front of my shop, partly outside—I went out, and when I came home I missed it—this is it.
Prisoner. Q. Did you not see a man with me? A. I did—he ran away directly—you said that man gave it you.
Prisoner. Q. Why did you not take me? A. I did not know but that
you belonged to the shop—I said before the Magistrate that I had no doubt from your appearance, you were the person—I did not see your face.
Prisoner. He said he thought it was me, he was almost sure; the Magistrate said, through my previous conviction, I must be the person, and then this witness swore to me; if I had had the means of employing a lawyer, I should not have been here now; I have been living with my father ever since I have been out of prison, about three months ago, for uttering a forged order, which I did not know was forged; I had this time-piece in my possession, but as to stealing it I did not.
WILLIAM WEST (police-constable T 105.) I produce a certificate of the prisoner's former conviction, by the name of Benjamin Jones—(read—Convicted 26th Oct., 1846; confined six months)—the prisoner is the person.
GUILTY. Aged 18.— Transported for Seven Years.
(There was another indictment against the prisoner.)
ELIZABETH MANNELL. I am the wife of William Mannell, and live in Cable-street, Tower-hill. The prisoner came to our shop on the 26th of June—I went to the till to give him change for a quartern of butter, and he spread his handkerchief over this ham, and carried it out with him—it is my husband's.
Prisoner. Q. Did I give half-a-crown? A. Yes, and I gave you 2s. 4 3/4d. in change—this ham is worth 5s. 8d.
Prisoner. On the 26th of June I met a few friends, and drank rather freely; the ham was handed to me by one of the shopmen; I gave a half-crown; I had a packet of sugar and coffee, and I never gave it a thought that I had the ham; the packet was opened, and there was no butter in it; I was drunk. Witness. He was drunk.
WILLIAM NORMOYLE (police-constable H 133.) I took the prisoner—I found some coffee and sugar in the handkerchief, and he was on his knees, putting the ham into it—he had left the butter in the shop—I found the change on him.
GUILTY. Aged 40.—Recommended to mercy by the Jury.— Confined Two Months
1636. ROBERT MARSHALL was indicted for embezzling the sums of 6s. 5 1/2d., 3s. 2d., and 2s. 8d.; also 1s. 4d., and 2s. 8d.; which he had received on account of John Webber, his master; to both of which he pleaded
GUILTY. Aged 18.— Confined Three Months.
GEORGE JAMES TOBY. I am assistant to my father, John Toby, a boot and shoemaker, No. 41, Wellington-street, London-bridge. On the 23rd of June, about eleven o'clock in the morning, the two prisoners came to look at some boots—they both sat down—Harris tried some on—Hall sat by her
side—the man went up stairs to get some boots, and Hall took a pair from behind her—she went out, and I went and told her she was wanted inside—she came in, and passed the boots to Harris, and Harris dropped them under the chair—these are the boots—the value of the boots they were looking at was 5s. 6d., and only 1s. 6d. was found on them.
Harris's Defence. We went into the shop; I had 1s. 6d. to pay off a pair of boots; the lady came, and said she wanted to search me; I said, "Search me," and she did; nothing was found on me.
HARRIS— GUILTY. Aged 20.— Confined One Year.
HALL— GUILTY. Aged 19.— Confined Three Months.
1638. JOHN DIFFIELD was indicted for stealing 1 printed book, value 2s. 6d.; the goods of George Flintoff; also 2 printed books, value 1s.; the goods of James William Spokes; and that he had been before convicted of felony; to which he pleaded
GUILTY. Aged 48.— Transported for Seven Years.
GUILTY. Aged 32— Transported for Seven Years.
GUILTY. Aged 21.— Confined Three Months.
OLD COURT.—Thursday, July 8th, 1847.
PRESENT—Mr. Baron ALDERSON; Mr. Justice MAULE; Mr. Alderman LUCAS; Mr. Alderman HUGHES; and EDWARD BULLOCK, Esq.
Fourth Jury, before Edward Bullock, Esq.
1641. WILLIAM WARD was indicted for stealing 1 mare. price 12l.; the property of Thomas Fairclough ; and CHARLES HEWITT for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which
WARD pleaded GUILTY.* Aged 13.
HEWITT pleaded GUILTY. Aged 17.
Transported for Seven Years.
ANN JOHNSON. I am a widow, and live in Mint-street, Southwark. The prisoner was a lodger in the same house—I had only come there on the morning in question—I gave the landlady the money—on Saturday, the
26th of June, about two o'clock in the day. I was in the kitchen—the prisoner was there eating his dinner when I went into the room, he was giving some of the peas away—I asked him to give me some—he called me a b—Irish cow, and said he could not give me any; and if I did not go away, he would knock my b—* * *—I said I would talk to him some time before I would express myself in that manner—he said, "You b—w—, if you don't go out of here, I will knock your b—guts out;" and with that he struck me two or three blows in the face with his fist—I had not done anything to him before that, except asking him for some peas—I saw him get up again to hit me, and I screamed, "Murder"—my nose bled—I then made towards the door—there were three women in the room, two of them went away, they were afraid of the prisoner and his companions—they assisted me when I screamed out, "Murder," by collecting about him, and pushing him from me—when he found I had got towards the door, he turned round to the table, and took up the knife which he had been eating his dinner with—he had left the table to hit me, and left the knife—he went back for it—he did not have it when he struck me first—he could reach it by just making one stride—when I made towards the door he gave me a gash with the knife in my fore head—I did not go against the knife—I was going away from him—I fell, and the blood fell in torrents—he then wanted to go away as well as I could understand—I said I would follow him till I gave him in charge—he said if I would follow him he would rip my b—guts out—I was taken to Mr. Odling, a surgeon—he dressed the wound—I am quite sure I did nothing to the prisoner, except asking him for peas—I had seen him before, but never spoke to him in my life.
Prisoner. Q. You were drunk, and called me a black b—when I refused to give you the peas? A. No, I did not—you did not say if I called you so again, you would give me a smack on the head—you did not shove me against the table—if it had not been for the women you would have finished me there and then—I knew the two women, but do not know where they got to.
GEORGE ODLING. I am a surgeon, and live in High-street, in the Borough. On the 26th of June, Johnson was brought to me with a wound on the left side of the face, near the eye—it seemed an incised wound by its bleeding so freely—the edges were very clean cut—it was quite on the ridge of the bone—it might possibly be done from some other cause—it was a kind of cut—it healed kindly, and a wound from a bruise does not heal so kindly, it generrally separates—the skin was separated about an inch—it appeared to be rather deep—it bled very freely all over her clothes—they were saturated with blood from the top to the bottom—a bruise would not have that effect—there was a bruise independent of that, and a black eye.
JAMES HENDERSON (police-constable M 74.) I took the prisoner into custody—he acknowledged hitting her with his fist, and said if he had hit her hard he should have killed her—he denied hitting her with the knife.
Prisoner's Defence. The prosecutrix came to the lodging-house I was at; she was drunk; she asked me for some peas, and called me a black b—; I said if she called me so again, I would give her a smack on the head; she called me so again, and I shoved her against the table; she went to get a plate, and I did give her a shore; I never handled the knife; the constable did not give me into custody; I gave myself up, directly I had done it; she went to the station, and fainted away, being drunk.
saw the prosecutrix about an hour previous, and about twenty minutes after she received the wound—she was sober on each occasion.
GUILTY of an Assault.— Confined Three Months
Before Mr. Baron Alderson.
1643. ABRAHAM THACKER and WILLIAM RINGROSE were indicted for stealing, in the 23rd of June, whilst employed under the Post-office, 23 post letters, the property of Her Majesty's Postmaster-general.—2nd and 3rd COUNTS, for embezzling and secreting the said letters.—4th COUNT, for secreting the said letters for the purpose of cheating and defrauding our Lady the Queen of certain duties of postage chargeable thereon.
MR. SOLICITOR-GENERAL with MESSERS. CLARKSON and BODKIN conducted the Prosecution.
WILLIAM BOKENHAM. I am the superintending President of the Inland department of the Post-office—the prisoner Thacker has been for some years in the service of the Post-office, first as a letter-carrier, and afterwards as a sub-sorter—he was a sub-sorter in the Inland-office on the 23rd of June—Ringrose was a letter-carrier in the 10th division, in which Lower Thames-street is included—the walks are distinguished by numbers—Lower Thames-street is No. 106 or 116, I cannot exactly say which—in the forenoon of the 23rd of June last, an East India mail arrived—according to the practice of the office the letters coming by that mail would be in the course of sorting for the different divisions in the mid-day of the 23rd of June—as the letters arrive in the mass, they are first of all divided into fifteen divisions, numbered from one to fifteen—they are divided by sorting—the letters belonging to each division are sorted to each division—all the letters of the 10th division would be transferred to Thacker, and he would then re-sort those letters at his table into the letter-carries' walks—I cannot say exactly how many walks there are in No. 10—I should say from ten to twelve—it would be the duty of the sub-sorter to divide the letters which he had previously sorted to his division, to the separate letter-carrier's walks of his division—Thacker would stand those letters up on his sorting-table which bears the names of the different walks of which the division consists, printed on the edge or back of the table—he would be on one side of the table, and the general sorters on the other—the letter-carriers did not act as general sorters on this occasion—it is the duty of the sub-sorter to place a docket bearing the number of the letter-carrier, and the name of his walk, in front of each parcel of letters—he puts the letters for each walk separately, and when the letters have accumulated to as many as can conveniently remain there, he places them upright, with a docket on them—they are then handed to the teller, who sits at another table within a short distance—it is the duty of the sub-sorter to take them, but occasionally in the press of business a messenger is employed, and frequently the President himself does it—the teller would tell up the amount of postage charged on that batch of letters, and enter the amount on the docket—they are then taken away from the teller by a messenger, with the docket, to a box appropriated to the walk to which they belong, in the letter-carriers office, which is the adjoining office; but previous to the letters being placed in the box, the messenger hands the docket to the check-clerk, who enters the amount of postage in his book—the messenger leaves the docket with the check-clerk, and places the letters in the box—at that period the letter-carrier does not see the docket—in the course of sorting the East India mail, it frequently happens that there
is more than one charge of letters taken to the box—the letters on which the docket is put are called a charge of letters—I do not know how many charges there were that morning of the East India mail for the Lower Thames-street division—supposing there were two, the same ceremony would be gone through in each, the letters being taken away from the table as they accumulate—when the charge is complete in the letter-carrier's office, the duty of the carrier begins—it was then the duty of Ringrose to take the letters from the box, tell up the amount of postage, and report it to the check-clerk—he has no knowledge of the amount till he tells it up—he tells it up on each occasion when there is a charge to his box—if there were two charges, he would have to make two tellings to enable him to know for the first time the amount of the charge—it is the duty of the letter-carrier when he has ascertained the amount of each charge, to report it to the check-clerk, to call it out to him—if the amount is correct as it appears on the docket returned to the check-clerk, the check-clerk would hand the letter-carrier the docket, and he would sign it, and return it—he generally puts his initial—he then places it in a small box close by, in front of the check-clerk, appropriated for that purpose, and that docket is afterwards retained as an official voucher—if the amount does not agree, another clerk is called, who is denominated the re-teller, and he would be a sort of umpire between the telling-clerk and the letter-carrier—he decides the amount, and then the carrier signs it, if it is wrong he alters it—if there were two batches of letters carried in the course of the sorting of the mail to the Lower Thames-street-walk, the letter-carrier would have possession of two dockets, which he would place in the box—after he has arranged his letters he may have some letters mis-sorted to him, which he would hand to the charge-taker and get an allowance for, and other letter-carriers may have had letters mis-sorted to them intended for him, which they would bring to the charge-taker—the charge-taker is the person who ascertains the aggregate amount of the different charges of letters that fall in his department—if there are two charges of letters, they are put together, and the whole amount is remitted to the charge-taker, and then, if a letter-carrier has had any letters mis-sorted to him, he gets credit or debit on them, and having ascertained the amount of the whole, and the balance for which the letter-carrier would be responsible, the carrier then proceeds to his delivery—the postage by the Indian mail is considerably higher than on ordinary letters, and if people were mischievously disposed, that would be the most convenient opportunity—the East India mail postage is very heavy—on this occasion the letters came through France—that makes the amount still larger—the newspapers are charged 3d. each, by way of France, by way of Southampton they are free—the letter-carrier pays to the Treasurer, or his representative, every Monday, Wednesday, and Friday—in consequence of something that came to my knowledge whilst the letters were in the course of being sorted from that mail, on the 23rd of June, I placed myself, accompanied by Mr. Kelly, another inspector, and by Mr. Playle, an assistant-inspector of letter-carriers, in a part of the Inland-office from whence I could see what Thacker was sorting—we were about fifteen yards from his sorting-table, and could see it—I saw Ringrose there that noon—he was engaged at the newspaper business—he had nothing to do with the letters at that time—he was in the same room—I believe he was dividing the news-papers, all I can say is, that I saw him at work at the newspapers, what he was doing with them I do not know—I should say he was about three yards from Thacker—at about a quarter to one o'clock I saw Ringrose leave his
newspaper business, and go to Thacker's sorting-table—he leant over, and spoke to Thacker—he then left Thacker, and went into the letter-carriers' office—I afterwards saw him go to Thacker a second time, and saw Thacker pass some letters from the left-hand side of his table to his right, which Ringrose took up, and carried into the letter-carriers' office—the Lower Thames-street-walk is at the extreme left-hand side of the table—Ringrose would have nothing at all to do with letters at that time—I afterwards saw Ringrose leave his newspaper duty again—he had a newspaper in hand—that was the third time I saw him—he took nothing away the first time—I could not see what became of him when he went into the letter-carriers' office the second time—it was impossible, he was out of my sight—I saw him go into the letter-carriers' office—the third time, when I saw him with a newspaper in his hand, he went to Thacker's table again, and just at that moment Mr. Playle called out, "Good God, he has given him them plainly enough"—Mr. Kelly made the same observation, and they put their heads together before me, so that I did not see this transaction so plainly; but I saw Ring-rose's hand rise with pretty well a handful of letters under the newspaper—the exclamation was not made loud enough for the prisoners to hear it—I have no hesitation in saying that they were letters in Ringrose's hand—I saw them—the newspaper was not spread out, it was not larger or so large as the letters, it was a doubled up newspaper—Ringrose took the letters and the newspaper into the letter-carrier's office—I did not see Thacker give the letters to Ringrose in this case as I did in the former—I lost sight of Ringrose for about half a minute, I should say, or it might be a minute—I then saw him come from the letter-carrier's office with apparently the same newspaper and the same letters into the Inland-office—he went to the President on duty, Mr. Partridge, and spoke to him, and afterwards to a clerk named Whiting, who took the news-paper from him and opened it—he gave it back to Ringrose, who doubled it up again, and then went back to the letter-carrier's office with the newspaper and letters—I saw no more of Ringrose till he was in custody—it was in consequence of directions that I gave, that both Ringrose and Thacker were taken—it was after their duty closed—that would be after three o'clock, but I cannot exactly say of my own knowledge—it was certainly before four o'clock—Ringrose was brought into Mr. Kelly's room—Thacker was sent into my room—I had not then ascertained the amount of the charges of letters that would have properly come to Ringrose's hands, but I accused Ringrose of having more letters than he had been charged with, and directed his letters to be told up; Mr. Kelly and Mr. Playle were present, and several other parties, but I do not remember who they were—I asked Ringrose the amount of postage he had been charged with, and he handed me this pencil memorandum—I believe it is in his handwriting—he did not hand the paper to me—I cannot speak as to the gross amount of letters found on him—I can only speak to the letters that he had in his possession more than he was charged with—when I accused Ringrose with having more letters than he had been charged with, he denied it—I had the letters told up, and the postage marked on the letters also told, and I found the amount was 2l. 12s. 11d. more than had been charged against him—I knew what had been charged, by having the book by me, and from his own admission—I am prepared to swear that he had 2l. 12s. 11d. more than he was charged with—I know that by the book which was at my side, and which will be produced by another witness—Ring-rose named a certain sum, but what it was I cannot recollect—there was a book before me which contained certain amounts with reference to the prisoner—I
examined that book, and then said, "You have 2l. 12s. 11d. more then you have been charged with"—he said he could not account for it—I then told him he had been seen to take letters from Thacker's sorting-table in the Inland-office—he afterwards admitted that he had done so, but he did not think ha had taken so much—I told him he had been seen to do so twice—he said he had taken the 2l. 12s. 11d. with he exception of 1s., which might have been an error—those were his words—he said he did not think he had taken so much by a shilling; that he had taken the 2l. 12s. 11d. with the exception of about 1s.—he then said he was very sorry for it, and he would never do it again.
Q. You said something about an error? A. Yes, he confessed to stealing the 2l. 12s. 11d. with the exception of 1s., which might have been an error—that was not my observation—he used those words.
MR. PARRY. Q. Did that apply to the transaction? A. No, certainly not—he said that he had taken the 2l. 12s. 11d. from Thacker with the exception of about 1s., which might have been an error in his charge—those were his own words; that is, the 1s. might have been an error.
MR. CLARKSON. Q. Was that all that passed between yourself and Ringrose on that occasion? A. To the best of my recollection—I then went into Mt. Kelly's room, and Thacker was brought to me there—Ringrose was taken away into another room—Thacker was told that he had been seen to hand letters to Ringrose—he denied it, and said if Ringrose had taken letters from his place it was without his knowledge, and he said anybody might have taken them without his knowledge—from my observation, on neither occasion could they have been taken away without Thacker's knowledge—when the first lot was taken away, their hands must have touched—I saw Thacker give him the first lot.
Cross-examined by MR. HORRY. Q. The letters come from the general sorters to the division sorters, of whom Thacker was one? A. Yes—the letters which Ringrose took, were laid flat in front of Thacker, at the right hand side of his sorting-table, not in the usual way, on end—I should say this was a docket (looking at one)—when he sorts the letters, he puts them up, takes the docket out of a little box, and puts in front—that is a signal that they are ready for the telling-clerk—the docket being placed before them is the signal, if you call it so, not without—it is the sorter's duty to take them to the telling-clerk, although when pressed, a messenger will do it, or the President himself—the sorter goes on with his work, and the proper person or anybody that may have to take them to the telling-clerk comes by and takes them—if we are pressed, myself or any of the Presidents, or anybody would take them to the telling-clerk—I do not mean "anybody"—if there is a press of business, the messengers, or the President, an inspector, or a clerk may do it—in the press of business, an inspector might even direct a letter-carrier to do it—it might be so, but I question it—they never have done so, to my knowledge—I swear that positively—I have heard of it being done since this transaction—a letter-carrier ought not to be employed to do it—when we have press of business, we are glad of anybody to assist another, undoubtedly, but they should be employed in their respective duties—if one had nothing to do, we should be very glad of him to help another, but not to do this—I was not aware of its being done until since this transaction.
COURT. Q. We want to know whether the fact is so, because it is a very strange thing, if one it to be a check on the other, that you should get rid of the check by ordering the man on whom the check is to be, to do it; what
have you heard about it? A. I have heard that an inspector, having a press of business, occasionally directs a letter-carrier, under his own eye, to take the letters—the inspector standing by would say, "Put over those charges to the tellet"—that is not giving him a general roving commission—the inspector says to the letter-carrier, "You may take it."
MR. HORRY. Q. In the press of business, does not a sub-sorter some-times, when he has a number of letter before him and is wanting to get rid of them, tell a letter-carrier, or anybody coming by, to take them to the telling-clerk? Q. No—I positively say I am not aware of such a thing—I do not know of it—I might have said that at such times we are glad to get. the assistance of anybody, but I never referred to a letter-carrier, most assuredly—there is a division between each sorter—there may be about thirty inches allowed to each sorter—I have never a known a man, when he has so many letter as to impede his sorting, call anybody that may be passing by, to take some of his letters away, that he may have the table cleared—I never knew anything of that sort occur—the Thames-street walk, on the arrival of an Indian mail, is rather heavy, so that the tenth division would have a heavy morning's work—I really do not know that anything is meant by putting the letters flat—I have not risen from the ranks—I have not been an inspector—the imperfectly directed letters should be placed in a box in front of the sub-sorter—there is a box for that purpose—they are not laid flat, to my knowledge—he place them in the blind box in front of him—he does not place them flat beside him on his right hand side, to my knowledge—I do not know that his laying them flat on his side is a signal for them to go to the blind sorter—the practice, according to my belief, is, that the sorter on the opposite side of the table takes the blind letters to sort—we call those "blind letter" that are imperfectly directed.
Q. The blind sorter is the man that has to receive the letters that the sub-sorter cannot make out, or addressed to firms such as "Messrs. Allen and Co., druggists, London?" A. Yes—my impression is, that from Thacker, or from the district sorters, the letter are taken by the general sorter generally—I am not aware of any blind man—I have described the practice according to the best of my belief—I am not aware of any blind sorter in the sorting of the town letters in the first instance—there is not such a man as the blind sorter among the general sorters, that I am aware of there is not a blind sorter in the London delivery—there is, I believe, for the letters passing from London, and I believe there are blind sorters in the letter-carriers' office, but I am describing the Inland-office—what passes in the letters-carriers' office is an after process—I think there is a person of the name of Sims in the Inland-office, but I really do not know him—I have 762 men under my control, and it is impossible for me to know them all—I think there is a man of that name, but whether he is a letter-carrier or a sub-sorter, I really do not know—there was a clerk of that name, but he has left—I cannot say that Sims' duty is to sort imperfectly addressed letters—other witness will give you all this information—my duty is the superintendance of the others—I cannot enter into these minutes points.
COURT. Q. The letters that come to Thacker's table have been previously sorted by the general sorters? A. Yes—they would detect the blind letters—still occasionally some might slip in, which Thacker would put into a box in front, and the general sorter standing on the other side if the table, would take them out—they are in fact the blind sorters.
MR. HARRY. Q. When a sorter does not know where a firm lives, when
a letter is addressed merely "London," what does he do with it? A. He sorts it to the book-officer in the letter-carriers'-office, and he looks to the book to see what the address is—I do not know that the letters laid flat are for the book-officer, or for the blind sorter—I am not aware of any letters being laid flat on the sorting-table—I do not think that letters called callers are put down flat by the sub-sorter—If a number of letters come to one firm, I do not think they are laid flat for convenience, and kept out of the general charge—the telling-clerk sits a little way from the subsorter, and, according to the ordinary course of business, these letters will pass over to him—he tells there up rapidly, makes out the amount, and hands it to the check-clerk, who sits above him, the letters are placed in the letter-carriers' box, and the letter-carrier puts his initials to the docket—if he finds out an error, after he has gone out of the office, and after the delivery, it is his duty, if he is an honest man, to come back again and rectify it, but I am not aware that I ever heard of such an error—if he has letters mis-sorted to him he brings them back, and has the allowance made for them—these letters are handed over to the proper letter-carrier, and the proper letter-carrier is then charged with them—he is charged with the letters delivered to him from other letter-carriers, and discharged from these which he has delivered over to others.
Q. Suppose the carrier has got his letters, he has to go over then hurriedly, to check the telling-clerk, and having done that, in going out of the office, he finds that all three parties have made a mistake? A. I am not aware of such a thing—I thing such a fact, if it ever happened, would come under my notice—it would be a most extraordinary case—there is a letter-carrier of the name of Hodge—I know him very well, he is a very honest man—I have no knowledge of a mistake being made with him a long time ago, and his coming back an accounting for it—there are papers for the President to rectify such errors when the man comes back next morning—this paper (looking at one) is not a President's paper, but it is very similar to it—this is the charging of the mis-sorted letters—it is a very similar docket to the one to which you are alluding—a carrier has no opportunity whatever of correcting that error till the next morning—Hodge might, there would be opportunities, but I should say the next morning would the be the time—it would then be his duty to come back, and to claim back the reckoning if it was under; or if he had received too much, to pay it over to me—I have know knowledge of the President making a memorandum to that effect in any case—such an occurrence would be most extraordinary—I never heard of a mistake being made by the check-clerk, telling-clerk, and letter-carrier—I know Hodge perfectly well, but am not aware of such a circumstance happening to any one.
Q. I believe there have some rather heavy charged preferred against yourself? A. I have been charged with tyranny, and something of the kind, but nothing beyond that, that I am aware of—I have had a copy of the charges against me, but they applied more particularly to Mr. Kelly, I believe, then myself; if you will describe the charges I shall be most happy to answer them—they were preferred by some disaffected men in the office, section—the charge came from the letter-carriers—I know a man of the name of Gallin—he is subsorter to Brandon—the charges applied to Mr. Kelly rather then to myself—one cause of complaint was the Post-office Directory being in the office—the men in the office have never complained to me personally that they were worked improperly on account of the Directory—they presented petitions for the Postmaster-General—I have forwarded their petitions—they have complained that I had not done so, but I deny it—it was
not a general complaint in the office that the letter-carriers were obliged to work excessively on that Directory—it was the complaint of a section—it was left to the option of the letter-carriers whether they would work on it or not, and I think only eleven out of a body of about 300, declined working on it—a section of them have complained of being oppressively worked on the Directory—I am not aware of fifty or sixty—I should think 160 were examined on the subject—there is no investigation going on at the Post-office into my conduct—a charge have been brought, but it has never been investigated—I unhesitatingly swear that my conduct has never been investigated—I will not swear that my conduct has not been impugned—I was charged with using foul, and I think abusive language to the men—I was charged with the having threatened to punish those who would not work on the Directory, and I would have punished them, because it was part of their duty, by the Postmaster-General's order, and I would have carried it out precisely the same as I would any other duty—the Directory is now entirely a private speculation—it was demi-official—it was acknowledged by the Postmaster-General—it has been so ever since Mr. Kelly has had it—I really cannot tell you when it ceased to be so, but I think within the lost three months—since this investigation Government has ordered it to be removed from the office—it has been discontinned—I have been ordered many times to make a return of the persons employed in the office—I might have been ordered to do so about the 7th of August, 1844—at that time the Directory was considered a demi-official publication, inasmuch as the Postmaster-General ordered the men to work at it, the same as they would at any other portion of their duty; Mr. Kelly, when he entered office, was compelled by the Postmaster-General to purchase it of the previous inspector—I was in office then, but I was not Mr. Kelly's superior officer—Mr. Critchett was the previous inspector—I did not know that he paid every one of the letter-carriers employed on it—I know Mr. Kelly has paid them precisely the same as Mr. Critchett did—I cannot say when the Government order was made for discontinuing the Directory—it was about three months ago, before the 22nd of June—I was present at a portion of the investigation when the parties were examined—my name was not mentioned in the charged that was gone into—I did not say that Mr. Kelly could do nothing without me—in common fairness I beg the charge may be read—an investigation was ordered by Government at my request—charges were brought forward against me in conjunction that had taken place at my request—Grapes said, "I can prove that Mr. Kelly's Bokenham has threatened to punish those who neglected to attend to Mr. Kelly's instructions respecting his work," and I would have done so, but that charge has never been investigated—some persons said that the Directory was an impediment in the way of public business—I did not think so myself, that is a point I never admit—my impression, is that the delivery of letters was never delayed five minutes by the Directory, but rather accelerated.
COURT. Q. The Directory gave persons the means of knowing where letters were to go? A. It did.
MR. HORRY. Q. On your oath, did you not say that you would kick all dismissed for tempering with one of these witnesses, and trying to get him to withhold his evidence—he was dismissed on Saturday night—I shall not say who told me of his tempering with the witness—it was on the report of some-body—it was afterwards investigated by the Postmaster-General, the solicitor of the Post-office, and Colonel Maberly, without either myself or Mr. Kelly
being present, and his Lordship, from his own observation, dimissed Grapes without referring to me at all—I did not know of his dismissal, and did not recommend it—I have recommended a person named Last, for promotion, and he is now, I believe, the junior inspector—he has not, to my knowledge, been repeatedly accused of improper conduct in his situation, he has not to my knowledge gone three times through the Insolvent-court—I do not know that I was asked to make a report in April last on the subject of the disaffected men—(looking at a letter)—I put down the names of certain persons here as disaffected persons—the name of Thacker is on the list—I do not think Thacker gave any evidence against me—if he gave evidence twice against me, it is in that book—I do not think he gave any evidence against me—that was an investigation at my own request—I reported upon it to Colonel Maberly, but I am not aware of any charge against me with respect to that—charges were made against me and others in an obscure newspaper, of which you (Mr. Horry) were sub-editor—the names of Grapes, Ferguson, Potter, Aldridge, Ridout, Mitchell, Rail, Bird, and Mantel, are on this list—Grapes was most properly dismissed—I cannot say that Ferguson has been suspended—I have no recollection of reporting him myself—Potter is still in the office, and so is Aldridge and Ridout—nothing was done to Ridout—I am not aware that he has ever been suspended—Mitchell has been dismissed, and was appointed to another Government situation shortly afterwards—he was not dismissed by me, he absented himself from duty, and was dismissed for being impertinent to his superior officer—the matter was inquired into—I do not know, of my own knowledge, that he has obtained another situation under Government—you tell me so, and I would not doubt your word—Rail is still in the office in his situation—he has not been punished that I am aware of—Bird is still in the office, and Mantel also—he has been kept back from promotion—he has been ten or twelve years in the office—he was kept back from promotion on my recommendation, because he would not tell the truth, and I was determined that I would not recommend a man that would not tell the truth—a man had been suspended by the Postmaster-General, the disaffected parties set his Lordship's order aside by making up hid pay to him, Mantel was proved to have collected this money to make up the pay, he afterwards declared that he did not recollect collecting it, he eventually admitted that he did, but could not say from whom, or to whom he gave it, although he admitted making a memorandum of it at the time; upon that, I said to the Postmaster-General that I could not rely upon his word, and, therefore, I could not recommend his promotion.
Cross-examined by MR. PARRY. Q. When you and Mr. Kelly were watch-ing, what distance were you from the sorting-table? A. Fifteen yards—I have had it measured since—the sorting-table is a division of a long table, with person standing on each side of it, the general sorters on one side, and the district sorter on the other—I do not think there were so many as ten or twelve sorter—I should say about four on one side, I cannot say how many on the other, there were several—there were a great many persons about—there was not one on each side of Thacker—Thacker was at the extreme end of the table—No. 10, is at the extreme end—he had only a person on one side of him—there was no other business going on in the tenth division be-sides the sorting of letters, at that moment—they were working off the East Indian Mail—the tenth division, as regards Thacker, applies to a place about thirty inches wide—the room itself is four times as large as this Court—noting was going on in the room at this time, with the exception of getting rid of the East Indian Mail, stamping letters, sorting them, telling
them up, and so on—Ringrose was engaged with the newspapers that had arrived by the Indian mail, but I do not know whether he was sorting them, or what he was doing with them—I thought he was dividing the town from the country—he was arranging them in some way—that was his duty that morning, it was part of his duty as a letter-carrier—it is generally done, and it was his duty that morning—sorting and arranging is part of a letter-car-rier's duty—they are occasionally employed in sorting newspapers and letters to learn the sorting, there are a certain number of letter-carriers who are ambitious of becoming sub-sorters; and they take every opportunity of learning the sorting—it is by permission that they are put in—it is not any one that can walk in and do it—I employ them in sorting newspapers for the purposes of the office—it is part of the ordinary duty of a letter-carrier who may be directed to do it, to sort letters for the country, not for London—it is not done as part of his ordinary duty—he is directed to do it by his superior officer, most likely by the clerk who has the direction of the letter-carriers—if he refused to obey, it would be considered a breach of his duty—he does not do it unless specially directed, and I do not specially direct all of them—there is no special direction in writing—letter-carriers are also employed as stampers, to sort newspapers, tie up bags, and carry them out of the office—I do not recollect anything else—they work hard enough, they have quite enough to do—there is no skylight in this room—there are windows at each end, but it is badly lighted—errors are frequently made in calculating the potage of letters—I saw Ringrose go into the letter-carriers' office, and return from there—I was not close enough to see what letters he had—that was about a quarter to one o'clock—I did not afterwards lose sight of Ringrose for two hours—I think it was about a quarter to one that the first transaction took place, and it was about twenty minutes after one that the second took place—I then lost sight of Ringrose—I was called away, indeed I left the place altogether, upon other business; but I gave directions for him to be stopped, and did not see him again till he was in custody—the third time of his going out was twenty minutes after one, and he was in custody about half-past three—he went to Mr. Partridge, the President, on duty, and also to Mr. Whiting, the clerk—Mr. Partridge was directing the general business—the superintending-president's is a distinct office—he has the control of the President—I do not think Mr. Whiting was acting as a teller—it would not have been an impropriety in him so to act—to a stranger there would appear to be noise and bustle in the room, but in reality there was none—there was a good deal going on, moving of arms, gestures, and people passing to and fro—I should say, from sixty to 100 persons were engaged on the Indian mail—I was not conversing with Mr. Kelly while I was watching—we were anxiously looking—my attention was disengaged by some exclamation made by Mr. Kelly—both Mr. Kelly and Mr. Playle spoke to me in whispers, while we were watching, and Mr. Blott came and rapped at the door, and said Colonel Maberly wanted me—no one else knocked at the door, or called my attention off in any way while I was there.
COURT. Q. How long were you out? A. I was absent at one time, I should think, three-quarters of an hour, on an hour—we had a Parliamentary Committee sitting, and I was called away to furnish materials for it—I returned to the watching after that hour—I left two or three times, and was absent perhaps from five to ten minutes—neither Mr. Kelly or Mr. Playle were absent while I was there—I was not superintending the Indian mail—that is the duty of the president—I had the general business of the office to attend to, and payments and other papers to sign, and different things—I did
those things during the intervals of my going back wards and forwards—I only left the place when it was absolutely necessary for me to do so—the Parliamentary Committee had no reference to myself at all—it was no the revenue department of the Post-office.
Q. Supposing an error occurs in these calculations, that would be a fault for which a letter-carrier or teller would be liable to censure or reprimand? A. No, I think not for an error in charging, unless it is repeatedly done; then, of course, I should censure the party—errors are frequently made—some tellers will tell the whole of their charges from the morning, and not have as error, others will have two or three—the teller would be within three yards or less, I should say, of the tenth division sorting place—there was a teller there, but I do not know who he was—the letters have since been delivered, but a great many of them are here—the letters I saw were the letters that Ringrose had in his hand—it was his duty that morning to deliver the portion of the India mail for Lower Thames-street—that was his walk, and he ought not to deliver letters belonging to other walks—in the event of a man being ill on a particular walk, another might then take the walk, but that is an extreme case—it dose occasionally happen, in cases of emergency, that letter-carriers to whom a walk is assigned deliver letters in another walk, and letters sometimes get into the hands of carrier by accident which do not belong to his walk—it is then his duty, if he discovers it before he leaves the office, to transfer the letters to the charge-taker, who will allow him the postage on them—if he continue the error outside the office, it is then his duty, after he has finished his own delivery, to go to the place and deliver the letter he has taken out in mistake, whatever the distance may be.
Q. You say you have been charged with using abusive language, has that been a repeated charge? A. No, certainly not—I think there was only one man said I made use of it on two occasions, I believe—neither Ringrose or Thacker ever charged me with it.
MR. SOLICITOR-GENERAL. Q. Did you look at all the letters found on Ringrose when he was brought into the room? A. I did not look at all of them—they were placed before me—I read some of them, so as to know the addresses—all that were found on him were within his own walk, as far as I know, although more than he had accounted for—it is my duty to report men in the office for good or bad conduct—I had named Thacker, in 1846, as a disaffected person—in my judgment, it was my duty so to do—I have not the slightest ill-will towards him—I cannot possibly have any.
FREDERICK KELLY. I am an inspector of letter-carriers in the Post-office, I was there on the 23rd of June, when the Indian mail was being sorted for delivery—I was with Mr. Bokenham and Mr. Playle, stationed in a part of the Inland-office where the letters were sorted—Thacker was at that time sorting the letters of the tenth division—I was so placed that I could command a view of the position that Thacker was occupying—I observed the other prisoner, Ringrose, employed in dividing the town newspapers from the country—that was at quite a separate table from Thacker, three or four yards from it—I began to watch about a quarter to twelve, or from that to twelve o'clock—about a quarter to one o'clock I observed Ringrose leave his duty and go to Thacker and speak to him—he then went away, and retruned to his own duty—in a few minutes he went up to Thacker again—he stood at right side—at the moment of Ringrose's coming up, Thacker was sorting letters, he had letters in his left hand, and was sorting them with his right—I observed his right hand pass from before him to the end of the desk where Ringrose was standing, and put some letters into
Ringrose's hand, which Ringrose immediately took into the letter-carriers' office, that is perhaps six or eight yards off—he was out of my sight when he got into the letter-carriers' office—it is a compartment of the same office, but is separated by a wall, and you have to pass through large door-ways with arches—he went through the arches quite out of the place—the inland office is a long office, consisting of several divisions, called the sorting office, the inland office, and the letter-carriers' office—the letter-carriers office may be considered part of the inland-office, but we call them distinct office—when I speak of the inland-office I mean the office in which the sorting takes place—Ringrose went into the letter-carriers' office, and went out of my sight—I should say he was absent two or three minutes, three minutes would be the very utmost—I them observed him return, and immediately go up to Thacker, speak to him for a very short time, and then go away to the newspapers again (when he went out, he had the letters in his had which he had received at Thacker's table, when he returned he had nothing); he remained at the newspapers some eight or ten minutes, I did not notice the time particularly—he then went into the letter-carriers' office again, as well as I remember, but my attention was particularly on that spot where Thacker was; and I saw Ringrose then come up to that place; the same place where he had had the other letters, at the right side of Thacker, with a newspaper in his left hand—it was folded up—I then observed Thacker give him several letters, which he immediately put under the newspaper—I cannot say positively that it was a newspaper, but I have no doubt that it was, it had the appearance of one—he then left Thacker and went into the letter-carriers' office—he returned, I may say instantly—on his return, he walked about the inland-office with what appeared to be the same letters and paper—I saw him with them in his hand; he spoke to Mr. Whiting and Mr. Partridge, who was the President on duty—I think both of them took the newspaper out of his hand, I know Mr. Partridge did—he opened it—I cannot say positively whether he gave it him back—after that, he went into the letter-carriers' office with the newspaper and letters—the table at which the sorting took place has a board under the sorter, marked with lines, and inscribed, so as to show where the letters belonging to particular walks should be placed—the Lower Thames-street walk would be on the left hand side of the sorter—the end of the table at which Ringrose was sitting was about three feet, or less than that, from the spot appropriated to the Lower Thames-street walk—I was present when the prisoner Ringrose was brought into my room—that was between half-past two and a quarter to three—I asked him whether the letters then in his possession were those which had arrived by the Indian mail of that day—he said they were—he had them in his hand, tied up in a bundle, what we call set for delivery, so that the letters would follow at the houses as he would arrive at them—I asked him what his charge for the day was, and he produced a piece of paper, and read from it the amounts which I at the time took down—he said there had been two amounts charged to him, making 4l. 18s. 5d.—this is the paper he produced and read from—having the paper in his hand, he read 3l. 0s. 2d. and 1l. 18s. 3d., making 4l. 18s. 5d.—I asked him as to the "changes," as they are called—he said 5s. 2d. had been added for letter that had been mis-sorted to other letter-carriers, and which were found to belong to him—he did not explain that at the time, because that was what we understood, that made 5l. 3s. 7d., and 1l. 2s. 10d. had been allowed to him, making his net charge 4l. 0s. 9d.—I asked him whether the letters in his possession would amount to that, and he said he believed so—the letters were then re-told in my
presence, and found to amount to 6l. 13s. 8d.—I did not tell them myself, the amount was told by Mr. Brodie, I think, and Mr. Playle—Ringrose himself looked at what was going on—it was dome quite in his presence—the amount was 2l. 12s. 11d. over the amount that he had been charged—he was asked to account for that, and he said he could not—he was then told that the circumstance I had mentioned had been he witnessed, that Thacker had been seen to give him these letters, and that he had been seen to take them away—he said yes, he was very sorry for it, but he did not think that what be had taken amounted to so much—he was asked whether he had taken all these letters in that way to the inland-office, and he said yes, he had, unless it might have been a shilling or so mistake in his charge; meaning too large amount—he said he would never do so again—I cannot speak of my own knowledge as to whether the letters which had been set for delivery were letters all within his own walk—he said nothing about it—there is a postage of 3d. on newspapers arriving from India—there were some newspapers among the bundle of letters he had to deliver—I made no calculation to see whether the postage of any of letters or newspapers would amount to 2l. 12s. 11d.—there was no one letter the postage of which amounted to 2l. 12s. 11d.—I cannot say positively, but I am quite certain, from the size of the letters, that no one letter was charged that amount—still I did not look them all through, and cannot speak positively to that—Ringrose was then sent away, and Thacker was brought in—he was told that he had been seen giving these letters to Ringrose, and that on telling Ringrose's letters a surplus of 2l. 12s. 11d. had been discovered—he said he knew nothing about it, he had not given any letters to Ringrose; that if Ringrose had taken the letters it was without his knowledge, and that he should have permitted Ringrose, or any one else in the office, to have taken any of his letters unquestioned; if he had observed it he should not have prevented it—it would not be possible, according to the regular mode of proceeding, for any number of letters intended for Ringrose's walk to be properly at the right hand end of the table—I have been in the Post-office twenty-eight years—according to the practice and mode of doing business, it could not happen that the letters intended for the Lower Thames-street walk could be at the right hand extremity of the table, if the sorter had sorted them according to the labels to the properly appointed places—no one would have authority to take these letters away, or to interfere with any letters, except those that were put up in parcels, and had a docket in front of them, and then they would be put on the teller's-table for the purpose of being told.
Cross-examined by MR. HORRY. Q. If a sorter finds letters imperfectly addressed, what does he do with them? A. He would put them on his right hand—he usually lays them down flat—they are then passed over to another sorter—it is understood that it is a signal that they are letters for the blind sorter—it is understood that that they mean blind letters, improperly sorted or imperfectly addressed, and to be passed over to be re-sorted—during the press of business consequent upon the arrival of an Indian mail, the sub-sorter is sometimes incommoded by the number of his letters—it is then his duty to put a docket on those letters, and to pass them over to the telling-table—I should say it is the sorter's own duty to hand over his blind letters—the blind sorter is just on the opposite side—I observed Thacker pass some letters over to a man on the opposite side, who, I have no doubt, was the blind sorter, and they were sorted by him—I observed Thacker do something of that sort, according to the usual practice—the man sat just on the opposite side of the desk—it
happened so that morning—he is not properly a blind sorter, but he is a man that re-sorted the miss-sorted letters to Thacker, as I understood from his position—the course is this: on side one of the table the letters are sorted into the divisions, one of which was the tenth, on Thacker, and the letters Thacker had miss-sorted to him he would pass over, in the first stage of sorting, that they should be re-sorted, but the man is not in any sense a blind sorter—if a letter had such a direction that he could not tell to what division it belonged, he would pass it to the original sorter, and it would go from him to the book-officer, if he employed a stranger to take those letters to the sorter, he would do wrong—I am not aware of its being commonly done in the press of business—I have never heard of such a thing—instead of doing that, he should hand them to the person opposite—there is no officer called the blind-sorter—there is a man who would sort them as far as possible—when letters arrive at the sub-sorter's, not properly addressed, he hands them up to the re-sorter to be re-sorted, and if he cannot find out into what division to put them, then he puts them into a charge, called the book-officer's charge, or blind charge, and they search out the right address—a letter directed so badly as not to be read, would not be sorted to Thacker, it would be stopped at an earlier stage—the first sorting is the general sorting—they all come out of sorts, and are thrown down on the table, and placed in rows—the general sorter has to sort them into divisions—a letter so imperfectly addressed would not be sorted into any division—it might happen by accident, in the hurry of business—letters are sorted into different divisions—when the sub-sorter comes to sort those letters in the usual expeditions manner, and cannot find out to whose walk they should go, he would put them down on his right-hand side, and pass them to the sorter on the opposite side, who is sorting the first-stage, to re-sort—he puts them on his right side until he has a convenient opportunity of passing them over to be re-sorted, instead of passing over every letter as he comes to it—if business is heavy, it is important to him to get off the letters as quickly as possible—he would not say to anybody coming by, "Take these away for me" when he is himself so say near the man that, by just leaning over, and passing his hand over, he could reach him—such letters would go back to the general sorter, who would re-sort them—the sub-sorter puts them over on his right side until there is a sufficient number for a parcel—I should not understand that as a signal to anybody coming by to take the letters up—I should say if a sorter having unpaid letters so placed saw any person take them up, it would be his duty to see what his object was in taking them—they are put there for the purpose of going to the general sorter—no one is authorized to take the letters away to be blind-sorted, except the President on duty or one of the inspectors—I have seen it done except by one of those officers—I never saw a letter-carrier do it—a sub-sorter would not question a superior officer if he saw his letters taken away—it is prima-facie wrong, but if he saw it was his superior officer on duty that did it, he would then suppose all to be right—I have seen the inspector take letters in that way from the sub-sorter—if a sub-sorter finds he has got a dozen or twenty letters for one firm, I should say that they are stood up on the right hand—a docket would be put to them by the sub-sorter before they were taken from him, and they would be told as a separate charge—I believe there are very few such cases—I doubt whether there are half-a-dozen—their being put on the right or left hand would depend on whether the sorter was right-handed or not—if we had a left-handed sorter, the probability is he would put them on the other side.
Q. There have been, and are, a number of charges pending against you, I believe? A. I am not aware of any charges pending against me—somcharges have been preferred, partly examined into, and, as I believe, abandoned, because I heard myself the man who made these charges decline to go on with them—I am the proprietor of the Post-office Directory—I believe the grave charge was, that I made a false return to Parliament of the profits of the Directory, which, on my oath, was a false charge, and I now state that my return was entirely true—the Directory is not carried on in the Postoffice now—I am forbidden by Government to do it—the Directory is a list of the names of the merchants and traders of London, arranged alphabetically, and in divisions—it was not supposed to be inconsistent with my public duties that I should be engaged in a trade—it is now my private property—I consider the removal of the Directory from the Post-office to be greatly for my individual benefit—I kept it in the Post-office because I did not like to sacrifice the interests of others—one of the charges was, that the Directory was said to have impeded the public service—I did not have a copy of notes of all the evidence that was taken by the shorthand writer—I got from Mr. Peacock copies of the notes of the evidence given on the investigation—I did not get all the evidence—I got that part of it which the authorities expected me to answer, and therefore sent to me.
Q. Did you not some time after that put up lists of names in the office, one in red ink and another in black ink? A. I think I know what you allude to—about two years since there were various attacks in Parliament and in same newspapers, and in various ways, stating that the men considered it a grievance; and I said, if the letter-carriers considered their connection with the Directory a grievance, I was quite willing to absolve them from it—I wished every one to say whether he did or did not, and I would forward the names of all who wished to recede from it to the Postmaster-General, and request they might be allowed to do so—many of the letters I received were hardly intelligible, and I could hardly understand whether they wished to recede or not—I therefore put up a notice, saying that I could hardly understand their views, and I gave two lists, those who wished to continue, to be put in black ink, and those who wished to recede in red—I had the list made up, and I forwarded it to the Postmaster-General, and obtained his Lordship's sanction to allow them to recede—all the names in red ink were the names of those who wished to recede from the Directory—after I had got the notes of a portion of the evidence, I saw all the inspectors—I could not have called them all into my room at once, for that would have impeded the public duty, but I saw them all—I showed them that part of the evidence which I had, and the names of all the parties who had been called, whether against me or not—I am not sure, but my impression decidedly is that Thacker's name was not among them—that must be a year, or nine or ten months ago—I did not point out the evidence to the inspectors—I showed it them, and asked them to read it all—I never told them that I had called them in order that they might know the men who had opposed the Directory, and had given evidence against me—I swear that—I know Hodge and Robert Grapes, two letter-carriers—Grapes never complained to me of any error about three weeks back—I know that he had endeavoured to obtain a reduction in his charges—I am not aware that it was referred to Mr. Bokenham—if a carrier finds an error in the calculation, and wishes to rectify it, and comes to ma, I should take official knowledge of it; but in this case he did not—Grapes
never made any application on the subject—I never heard of such a thing—I never heard that he made an effort to get a pound allowed to him, beyond telling the President that there was a mistake—I know a letter-carrier named Campbell—I have not heard that he made up his account on the Indian mail 4l. or 5l. less than was charged to the revenue—I have no recollection of telling Hodge to pay in the pound when he said he had a pound over—it is a pure fancy on your part, or your informant's—it is the first time I have ever heard of it.
Cross-examined by MR. PARRY. Q. You say you were watching all this time; did you go away for any purpose from the place where you were standing with Mr. Bokenham? A. Not till after the circumstance to which I have spoken—we were watching there from a quarter to twelve o'clock, or thereabouts—we watched for about an hour before we observed anything—during the first hour other letter carriers were acting as messengers, carrying the letters to Thacker to sort, from the first sorting, to Thacker's sorting-place—the first process of sorting is into divisions—a letter-carrier named Pearce was employed in collecting the letters for the tenth division, for which Thacker sorted, and remained near Thacker till the proper duty was done—they were all unpaid letters—I never heard of such a thing as paid and unpaid letters by an I Indian mail becoming mixed—the letters by an Indian mail are all unpaid, I believe—I never knew of letters being paid all the way to England by the Indian mail—during the time we were there no one addressed us, or entered into conversation with us—we were alone there—when Ringrose was called into my room, he held this paper, and I copied it down as he read out of this one—here is the paper which I then copied down—he mentioned some sums that are on it—this paper is a guide to the letter-carrier as to what is the amount of his charge—it is made out by himself—it is what he would pay into the Receiver-General's office, the amount of the postage he received on the letters—I cannot say whose writing it is—Ringrose produced it—it can scarcely be the teller's, because the teller's docket is a different document altogether—this is a letter-carrier's paper, and not a clerk's or teller's.
MR. HORRY. Q. Did not you bring an action against a newspaper for a libel, in connection with this charge? A. Yes—my attorney paid the costs, without my knowing what he had done, and abandoned it—I am speaking of a second action—I paid the costs of the first action, in order to continue it, and brought a second—my attorney paid the costs without my authority, and I was very angry with him for doing it.
COURT. Q. Neither of the prisoners are the editors of that paper, I presume? A. I never heard so, or in any way connected with it, that I know of.
MR. BODKIN. Q. Did you introduce the Directory into the Post-office, or did you find it there when you when you came into office? A. It was the property of my predecessor, and I was told by the Postmaster-General to purchase his interest in it, which he had purchased from a previous officer—it is now my private property.
JOHN PLAYLE. I am assistant inspector of letter-carriers in the Post-office. On the 23rd of June I was on duty, and with Mr. Kelly and Mr. Bokenham set to watch what was doing at Thacker's table about twelve o'clock—we were so placed as to command a view of Thacker, and the proceeding at his table—I had seen Ringrose, but not when I first began to watch—I saw him afterwards—when I first saw him he was at his duty conveying newspapers, about three yards in front of Thacker—I saw him leave his place and go to Thacker's table—I had then been watching about a quarter of an hour—when
he got to the table he leaned over, and appeared to converse with Thacker—I could not hear what was said—he was on Thacker's right hand—Thacker was sorting letters, and had some letters occasionally in his left hand, and as he disposed of them of course his left hand become empty—I can hardly recollect what become of Ringrose after he spoke to Thacker—I think he remained there, but I am not quite clear whether it was the first or second time—he came a second time to Thacker—he was still sorting his letters with his right hand—with his left he was holding a small quantity of letters which supplied the right hand—he appeared to pass them to the various divisions or compartments that he was sorting to—I saw him put some on his right hand side and lay them down, which was contrary to the usual practice of sorting, the usual practice being to stand them up—the Lower Thames-street letters should be on his left hand—I saw Ringrose take away a small handful of letters which Thacker had put on his right hand,—he took the first handful into the Letter-carrier's office—Thacker was standing sorting all the while—I am quite positive Thacker could see it done—when Ringrose came back I think he went and spoke to Thacker, and then went and resumed his sorting at the papers—he had nothing in his hand when he came back the second time—about a quarter of an hour or twenty minutes after, I saw him with what appeared to be a newspaper—I observed as he came to Thacker that he showed Thacker this paper, and immediately after Thacker made a sing, as it were, with his right hand to some letters which were lying, and Ringrose took up those letters, as well as the paper, which he was showing to Thacker—the letters were lying on his right hand—he took them up, and went apparently to the Letter-carrier's office—I lost sight of him, I should say, for scarcely more than a second—I saw him then returning into the Inland-office, where he had taken the letters from, as if seeking for some one—he spoke to one of the clerks—he had in his hand apparently those identical letters, by the size of the grasp—he eventually went to the Letter-carrier's office with them—in the course of the same day I saw him in Mr. Kelly's room—I was present when the letters on him were told up—I imagine all of them were in his own walk, although many of them are not fully directed—they are directed to Messrs, so and so, London—I only conjecture that they were in his delivery—when told of having been seen taking the letters, he at first said that he could not account for it—he produced this paper, from which we gathered that his letters should have amounted to a certain sum—it is marked with pencil marks—the amount at that time was gathered by Mr. Kelly from the paper, not by me—it was gathered from Ringrose's own lips—the paper was first produced by Ringrose in answer to a question by Mr. Kelly, as to how much was the amount of his letters, and there being some additions and subtractions, Mr. Kelly reduced it to a given sum—Mr. Kelly knew what figures to put down, from the lips of Ringrose, and from the production of the paper—he held the paper in his hand—I saw Mr. Kelly make a memorandum of his own—I think it began by Ringrose holding this paper in his hand, and saying from it, "So much is my amount," and he put it down, but I was passing in and out of the room and am not so confident about it—I cannot positively say whether. Mr. Kelly collected it from the paper, or whether Ringrose told it him—I told up the postage of the letters found on him—I made a memorandum of the amount at the time, but I think I have destroyed it—I have a copy which I made next day—the total amount of the letters found on Ringrose was 6l. 13s. 8d.—I cannot give the items—they are copied partly by myself, and partly by three of the clerks—I cannot tell what the postage of the different letters
were—this other paper is in my hand-writing, I made it on the afternoon of that day—this is only a portion of the amount of the letters—the 2l. 12s. 11d. answered to on particular number of letters—I did not know that any such calculation was made.
Cross-examined by MR. HORRY. Q. You have succeeded Mr. Rackley, who has retired? A. Yes, he was assistant-inspector of letter-carriers—I and he were employed on the Directory—the Directory has now left the office I believe—if it had continued in the office, and I had succeeded Mr. Rackley in the employment of the Directory, as well as in the office, I should have had upwards of 90l. more annually—he received 117l. from the Directory, and I received 30l.—the Directory has gone away, and I have lost it all—I have nothing to expect—had it not gone away I might have expected 117l. a-year, or whatever the figure might have been then—a certain sum was last year received by the first assistant-inspector, which situation I how hold, amounting to 117l.—the Directory having gone away entirely, I cannot expect to receive anything—I have got my time and have not the labour—I have no expectation of receiving that sum—I have lost the 30l. that had—I was once a letter-carrier myself on the Leadenhall-street walk—when I was on that walk I was repeatedly over and under in my charges—sometimes over and sometimes under—that arose from the mis-telling of the letters as to the amounts—the authorities of the India House in Leadenhall-street never complained of my having made several charges on them—I have no recollection of anything of the sort—it could not have occurred and I not know it—I should have recollected it—I was on the Old Broad-street walk, which is a very heavy one—a letter-carrier is liable to be over or under in a charge, which many perhaps be 20l. worth of letters—the and teller and the letter-carrier may differ sixpence or a few pence, and then if it is so near as that, the charges are not re-told, if they differ by more, they are re-told by an arbitrator or a re-teller—that happens before we leave the office, before we put the letters into order for delivery.
Cross-examined by MR. PARRY. Q. When this calculation was made by which you arrived at 6l. 13s. 8d. do you recollect whether Mr. Cook and Mr. Brodie told the letters? A. Mr. Brodie told the letters—Mr. Cook is an insector—I think he was not there at the time—I am not aware that there was a difference of 1l. in our calculation—it did not come to my knowledge if it happened.
MR. SOLICITOR-GENERAL. Q. Were these over or under charges you speak of, discovered in the office or out? A. In the office, before the letter-carrier makes himself answerable for a certain sum on the docket—when I was a letter-carrier I never had 2l. or 3l. worth of unpaid letters which had not gone through the teller—such a proceeding would be wholly unauthorized—I have no recollection of a teller making a mistake of 2l. or 3l. in his letters—when I was a letter-carrier and made a mistake, the teller and I did not try and settle it—another clerk settled it, a re-teller—I and the teller did not find out the difference together—there is a third party, a check-clerk, who holds possession of the docket on which the amount of letters made by the teller is placed, he holds it unknown to the letter-carrier, and it is to this intermediate party that the letter-carrier reports.
MR. PARRY. Q. What is the amount of the Indian postage on an ordinary individual letter? A. I cannot answer that—1s. 10d. I believe is the single rate, but that does not come so immediately under my cognizance—some of the letters contain inclosures, and they would be charged a larger sum—some
are 16s., and some only 1s. 10d.—I think I remember seeing one as high as 16s., some 9s., some 8s. 4d., and go on; perhaps there might be thirty or forty, or seventy newspapers.
WILLIAM FARLEY. I am one of the letter-carriers in the Post-office. I was on duty in the Letter-carrier's-office on the 23rd of June last, during the period that the letters by the Indian mail were being sorted, and saw Ringrose come from the Inland-office with a handful of letters in his hand—he had nothing else that I am aware of—he passed from the Inland-office into the Letter-carrier's office, and passed into the tenth division—I followed him, and saw that they were what we termed "good letters"—I saw the letters in his hand—good letters are unpaid letters, with the postage marked on them, for which money is to be received—I observed a newspaper in his hand—it was a 3d. charged newspaper, that created some suspicion in my mind, and I mentioned it to my superiors.
Cross-examined by MR. HORRY. Q. Did you go round the Post-office to get signatures to a petition to the Postmaster-General, to keep the Directory in the office? A. Yes, that was not by the request of Mr. Kelly—it was the request of the Committee formed to draw it up—there was no inspector among the Committee—I was employed on the Directory many years.
MR. CLARKSON. Q. You thought it was a good thing for you and other letter-carriers, and you and others presented a memorial to the Postmaster-General? A. We did.
JAMES CROWDEY LOVETT. I am a clerk in the Inland-office of the General Post-office. I was on duty on the 23rd of June last when the Indian mail came in, and was sorting—I was employed as a teller of the postage of the unpaid letters for the tenth division—I told up the postage or charge for the Lower Thames-street walk, No. 106, and entered the amount of the charge on the docket now in my hand.
MR. PARRY. Q. Was Ringrose present when you made the entry, or is it merely an entry of your own? A. An entry of my own.
MR. CLARKSON. Q. The letters are handed to you for purpose of telling up, before they come to the letter-carriers, are they not? A. Yes—the amount was 3l. 0s. 2d.—the letters were given to a messenger to place in the proper box in the letter-carrier's office—it was the duty of the messenger to give the docket to the check-clerk after I had put my initials on it.
Cross-examined by MR. PARRY. Q. Is that the docket you so gave him? A. Yes.
DAVID DAVIS. I acted as one of the tellers on the 23rd of June, on the telling up the charges for the unpaid letters of the Indian mail—I told up the amount of one of the charges for the Lower Thames-street walk, No. 106—this is the docket on which I wrote the amount—it is 1l. 18s. 3d.—I calculated it from the letters brought to me by the messenger for that purpose—I afterwards handed the letters to the messenger to be taken to the letter-carrier's office, and the docket to be put in to the box—It would be the duty of the check-clerk to receive from the hands of the messenger the docket that I so calculated.
COURT. Q. You put your initials? A. I did—"charge told by D. D."
Cross-examined by MR. PARRY. Q. Who brought you the letters? A. Mr. Clare, I believe—I do not know—a great many persons bring letters to me, letter-carriers, inspectors, and assistant-inspectors—letter-carriers are occasionally employed as messangers.
COURT to MR. LOVETT. Q. What is the meaning of these figures at the upper part where they seem to have added the two together? A. It is the amount of the two charges—I did not write that—it has been added since.
WILLIAM HILLMER. I am one of the clerks in the Inland-office. I was on duty on the 23rd of June, when the letters that came by the Indian mail were being sorted, I acted as a check-clerk—after the letter-carriers charges are told up by the telling-clerk, the dockets are handed to me, and I enter the amount of the dockets on some slip of paper—I entered the amount of the two charges for the Lower Thames-street walk, No. 106—they were 1l. 18s. 3d., and 3l. 0s. 2d., making a total of 4l. 18s. 5d.—those were the only charges that day—the letter-carrier of that district reported to me the amounts of those charges in the course of his duty—if they had not corresponded, they would have been corrected—they corresponded with the calculation of the teller—he called out the amounts, and they agreed with mine—he then took them away to his own table—it is the practice for the letter-carrier to put him initials on the dockets, signifying that they are right—I find the initial "R." here in pencil—I suppose it is for Ringrose—I do not examine the signature—I gave them to him to sign, and that is the way in which he would sign them.
Cross-examined by MR. PARRY. Q. Did you deliver the letters to him? A. No—I did not tell up the letters with him—he signed it in the way of his duty—he signed it near me—I am in a desk above him—the letter-carrier who reports this charge to me signs the docket—I have no recollection who the letter-carrier was—I do not recollect whether it was Ringrose.
ANDREW FROOME. I am a letter-carrier in the General Post-Office. On the 23rd of June I was on duty there, and deducted the amount of the charges from the different letter-carriers in the tenth division—I asked Ringrose the amount of his charges that day—I should think that was a little before two o'clock—he gave me the amount of his charges by figures on the docket—I took the amount down from what he told me—I think it was 4l. 18s. 5d.—he gave it me verbally—these are my figures—I wrote it down at the time—it is not usually the course of my duty to enter the amount on such a ship—I do it occasionally—I did it that morning—I took it down from his mouth—in the course of the day the witness Farley made a communication to me—I should think that was from about half-past one to two o'clock.
Cross-examined by MR. PARREY. Q. What officer is it who delivers the letters to the letter-carrier before he goes on his walk? A. They are not delivered to the letter-carrier; they are bought from the Inland-officer, after they pass the check-clerk, the letter-carrier takes possession of them from his own box—they are numbered and put in boxes—the latter-carrier's number is called, and he goes to his box and takes out whatever letters he finds there.
GEORGE KERSHAW. I am one of the sub-stores. I was on duty on the 23rd of June last, about two o'clock, assisting the charge-taker of the tenth division—the total amount of postage against Ringrose that day is 4l. 0s. 9d.—some of this in my handwriting and some in the writing of a person named Falls—I did not see this 4l. 0s. 9d. written—the figures I put down were 5s. 2d., that was for mis-stored letters—that amount was called out by the charge-taker, Splevins, and it was added to Rindrose's amount—1l. 2s. 10d. is dedcuted for the same sort of thing—I put down the 1s. 2s. 10d. from Splevins' calling out—that was allowed to Ringrose—I did not see Ringrose when it was allowed—he would read it and see it was all right before he went
out—the charge-taker told me to read this to him before he left his seat—it would be the duty of the letter-carrier to read it to the charge-taker before he went out, to enable the charge-taker to take it down—4l. 0s. 9d. was the whole amount chargeable to Ringrose on that day—Thacker brought some unpaid letters, and said, "Allow Ringrose 18s. 1d."—he said he had brought them from Ringrose—Splevins would be responsible for the whole amount—it would be his duty to ascertain its correctness, and he told me to allow it to Ringrose—I entered that allowance in the charge-taker's book—I have the book here—I distributed the unpaid letters that Thacker brought to the letter-carrier for whom they intended.
Cross-examined by MR. HORRY. Q. At the same time he came to you with the 18s. 1d. did he not also come from Ritterspeck? A. Not that I am aware of—he did not say anything to me about something to be allowed to Ritterspeck—he only came to me from Ringrose—I told the charge-taker the amount, and he directed me to allow it.
Cross-examined by MR. PARRY. Q. Who calculates the amount of the mis-sorted letters? A. The charge-taker.
COURT Q. The letter were produced to you, and left with you for the 18s. 1d.? A. Yes, and I distributed them to the right person, and charged them with them.
WILLIAM SPLEVINS. I acted as charge-taker of the tenth division, on the 23rd of June last, on the sorting of the Indian mail—it would be my duty to make an entry in this book (produced)—I believe these figures, "18s. 1d.," against the Lower Thames-street walk, are mine—I am not certain, but I think they are, by the look of the "8"—I remember this amount of 18s. 1d. being brought to me by Thacker, for me to allow it to the carrier of the Lower Thames-street walk (Ringrose)—I made the allowance without telling the letter—these other figures, "4s. 4d." I believe are Mr. Kershaw's.
COURT. Q. Did you read over that entry to Ringrose? A. He read it to me—it would be his duty to do so—he reads it thus, "4s. 4d.—3d.—3d., and 4d." first, and then the other side, "18s. 1d., 4s. 6d., and 3d."—that was all I had to do with him—that makes the balance 4l. 0s. 9d.—that was read over to him—he knew what he was charged with.
Cross-examined by MR. HORRY. Q. Can you recollect whether Thacker brought any letters from Fenchurch-street? A. I do not recollect that he did—he brought the 18s. 1d. to me.
JAMES BRODIE. I am a clerk in the Inland-office—I was in Mr. Kelly's room on the 23rd June, when Ringrose was brought in with his letters—I saw him produce his letter—I told up the postage of them—he placed them out on one of the tables in Mr. Kelly's room—the total amount of unpaid letters was 6l. 13s. 8d.—that was inclusive of newspapers, the total charge against him—I could not say how many letter there were, without a memorandum, which I have not here—I did not take them down in detail—that was afterwards done by another officer—I have a memorandum here which shows that the total number of letters, produced by Ringrose, was fifty-five, and twenty-six newspapers—a calculation was afterwards made of how many letters and newspapers would make 4l. 0s. 9d., and I told over—I found that thirty-two letters and twelve newspapers would make 4l. 0s. 9d.; but Mr. Barnard made that out, and can speak better to it—the list was not made out until after the examination at Bow-street.
Cross-examined by MR. PARRY. Q. Did Mr. Cook calculate the amount of the letters as well? A. No, he was not present—Mr. Blott, the assistant-President,
told up the amount, and agreed with me—he did not differ to the extent of 1l.—there was difference of a penny afterwards in Mr. Barnard's telling—I am quite sure it was not 1l.
CHARLES WILLIAM BARNARD. I am a clerk in the Inland-office. On the 23rd of June, some letters were handed to me by Mr. Clare, as the letters of Ringrose—I made out a list of the letters and newspapers, with the amount of the postage charged upon each—this is the list I made out—(produced)—I made it come to 6l. 13s. 9d., being the difference of a penny between myself and Mr. Brodie—we discovered that difference at the time—it was not tried a second time—I made a calculation as to how many letters and newspapers would amount to 4l. 0s. 9 d.—some letters addressed to Chalmers, Guthrie, and Co. alone amounted to 4l. 16s. 11d.—they were sorted separately for delivery—that would be done by the letter-carrier after they reached his hands, for the convenience of delivery.
Cross-examined by MR. HORRY Q. At the time an Indian mail comes in, are not about 300 letter-carriers employed there? A. No, there may 100 or 180, not more certainly—there may be twenty or twenty-five clerks, and as many messengers—there would be about 300 persons employed altogether.
WILLIS CLARE. I am an assistant-inspector—I was in attendance on the 23rd of June—it was not any part of Ringrose's duty to take letters from Thacker's table—I was in Mr. Kelly's room when Ringrose was there, with a number of letters and newspapers—I delivered those same letters to Mr. Barnard.
COURT. Q. We have heard that there are some few firms whose letters, when they are at the sorting-table, are sorted by themselves; are Chalmers, Guthrie and Co., one of those firms? A. No.
Cross-examined by MR. HORRY. Q. Do you recollect the seventh and eighth divisions being momentarily unoccupied that morning? A. I cannot recollect seeing them unoccupied—Thacker suggested to me, that as the seventh and eighth divisions were unoccupied, he had better attend to them—the seventh and eighth divisions extend about Cheapside, and the Bank, and down to the water's edge—when I was a letter-carrier I dare say I have made mistakes, and been occasionally over and under in my charges—I have never been out of the office when I have found that out—I have always found it out inside the office, with the exception perhaps of 1d. or 2d.
(MR. PARRY. understanding that Mr. Partridge was in attendance, was desirous of putting a question to him. The Solicitor-General expressed his readiness to call him, but the Court was of opinion that as his evidence was not required for the Prosecution, it should be left to the prisoner's Counsel to call him as his witness; the Judges having come to the decision, that Counsel for the Prosecution were not required to call all the witnesses whose names appeared on the back of the bill, although bound to have them in attendance.)
MR. PARRY to MR. KELLY. Q. How long has Ringrose been in the post-office? A. Eight or nine years, and Thacker ten or eleven.
COURT. Q. And of course during all that time their characters must have been good, or else they would not have remained? A. I do not know.
JURY. Q. Are the letter-carriers' boxes locked? A. No, not after the letters pass to the letter-carriers' office—there are no boxes, in point of fact—they are put into what are termed boxes, but they are open at the top—they are merely divided into compartments—the messenger puts the charges into these compartments, and puts the dockets at the same time—the letter-carrier then comes and takes the letters out of the compartments, tells up the amount, takes the letters to his own desk, and there is no box or anything to look up there.
Charles Harold, baker, of Shoreditch; and John Yetton, publican, of Globe-road, deposed to Ringrose's good character; and Joseph Steward, general dealer, Poplar, to that of Thacker.
THACKER— GUILTY. Aged 34.
RINGROSE— GUILTY. Aged 30.
on the Third Count— Transported for Seven Years
NEW COURT.—Thursday, July 8th, 1847.
PRESNT—Sir WILLIAM MAGNAY, Bart., Alderman; Mr. Alderman
JOHNSON; Mr. Alderman HUGHES; and Mr. COMMON SERJEANT.
Sixth Jury, before Mr. Common Serjeant.
GUILTY. Aged 22.— Transported for Seven Years.
(There were two other indictments for larceny against the prisoner, and he had been before convicted of felony.)
1645. GEORGE JOHNSON was indicted for stealing 1 shawl, value 10s.; and 1 handkerchief, 6d.; the goods of William Johnson ; and EDWARD JOHNSON for feloniously receiving the same, well knowing them to have been stolen; and that George Johnson had been before convicted of felony.
CAROLINE JOHNSON. I am the wife of William Johnson. We live at No. 5, George-court, Old Brentfort—the prisoner are brothers, and live near us—on Thursday morning, the 24th of June, about eight o'clock, I missed a shawl wrapped up in a white silk handkerchief—these are them—George Johnson was working in our neighbourhood.
THOMAS TOMPKINS. I loge at the prosecutor's. I was at work with George Johnson—on Thursday morning, June the 24th, I saw my sister Caroline Johnson's shawl safe before I left home—it was wrapped up in this handkerchief on the dresser.
WARWICK DARTON. On Thursday morning, the 24th of June, I met the prisoner George in Drum-lane between six and seven o'clock; he called me, and said he had something to pawn—I said I would not pawn it—he said he would give me 6d. if I would, and if that would not do he would give me more, and I should go to Paddington, and have a ride down by the steamer—what he wanted me to pawn, was in a little white handkerchief.
JOSEPH AMBRIDGE (police-constable T 162) I took the prisoner Edward—he told me he did not steal the shawl, but his brother George asked him to go with him to Hammersmith, to get some money to go to Ealing Fair; that he did not know whose it was, not what it was, till he got to Hammersmith, and then he knew it was Mrs. Young's.
JOHN SMITH (police-constable T 92.) I produce a certificate of George Johnson's former conviction at Clerkenwell—(read—Convicted 9th of Feb., 1847,and confined three months)—George Johnson is the person.
GEORGE JOHNSON— GULTY. Aged 17.— Confined Nine Months.
EDWARD JOHNSON— NOT GUILTY.
JOHN ROWLEY. I have one partner—we live at No. 108, Hatton-garden—the prisoner was in our service—we lost some books on the 29th of May—these produced are them—they have all a private mark in them, and the covers are our own dying.
Prisoner I pawned them; I did not mean to steal them.
GUILTY. Aged 20.— Confined Six Months.
(There was another indictment against the prisoner.)
1647. JAMES SMITH was indicted for stealing half a bushel of oats, value 2s.; the goods of John Coton, his master; and JOHN REDKNAPP for feloniously receiving the same, well knowing it to have been stolen.
JOHN COTON. I am a cow-keeper and carman, and live at No. 19, New-street, Brompton. Smith was my carman—I have lost a great quantity of corn lately—I have two horses, and I found them very poor and out of condition—they are five year old horses, and young horses will do better on a small quantity of corn than old ones will—I set a person to watch, and found that corn was taken from my premises to the Seven Stars—I put forty pieces of paper amongst the corn with my initials on them—on the 23rd of June the constable came to me—I have examined the oats that are here—they contain the papers I put in them—I am able to swear it is my corn.
Smith. Q. Did you ever miss anything before, or know me to be drunk? A. I never knew you drunk, but I think you are as big a thief as ever was tried in this Court—I put out the corn into a basket for my horses—it was your duty to give it them.
COURT Q. How much did you put? A. More than half a bushel—it was one of the Dutch currant baskets full—I put it on the bin at half-past eight o'clock on the night before—Smith ought to have given part to the horses that night, and part the next morning—I never suffer any corn to go out at all—no corn has a right to away.
Smith. When I came that morning, did you not tell me to go after the cart, and say, "Jem, Jem, you will be behind?"—I said yes, I should; it was near five o'clock; I put the corn in the nose-bags because the fowls were scratching about the place; you have not always put the corn out for me: there was one horse your son used to feed every day; you ordered me to go after the horses, and take corn with me; I gave it the horses at the same time that I ate my breakfast, because I did not like to see them without their breakfast; I always looked after your horses.
ROBERT HICKS (police-constable B 43) In consequence of information, I watched the prisoner Smith, about six o'clock in the morning of the 22nd of June, to the Half-Moon and Seven Stars, at Starch-green, which is about three miles from the prosecutor's—he drove his cart up to the front of the house, took a nose-bag off the cart, and shot a small quantity of corn into the trough in front for the horses—in the mean time Redknapp came up—they talked together, and then Smith carried the nose-bag of corn into the yard of the back premises of the public-house, and closed a pair of large blue doors after him—in about a quarter of an hour both the prisoners came out in front without the nose-bag—I remained till Smith drove away without it—I did not interfere at that time.
Smith. Q. Can you swear I took the corn in there? A. Yes, you put a very small quantity, about a pint, into the manager, and you took the rest in.,
1648. JAMES SMITH was again indicted for stealing half a bushel of oats, value 2s., the property of John Coton, his master; and JOHN REDKNAPP for feloniously receiving the same, well knowing it to have been stolen.
JOHN COTON. in consequence of losses I sustained, I and the policeman put a mass of papers among my basket of oats on the night of the 23rd of June—Smith ought to have given some of those oats to the horses that night, and all the rest in the morning—here is a sack here with oats in it—I will swear these oats are mine—here are papers in them.
WILLIAM MILLERMAN (police-constable B 95.) these oats were shot loose into a bin at Hammersmith, and these papers among them. ROBERT HICKS (police-constable B 43.) on the morning of the 24th of June I went with Millerman to Starch-green, to watch for Smith to come—he came about a quarter before ten o'clock—he drove up to the public-house, took the nose-bag from the cart, emptied a small quantity of oats into the manger, and then spoke to Redknapp—they went into the back-yard and closed a pair of blue gates behind them—in about five minutes my brother officer and I pushed the gates open—the prisoners were then gone into the public-house—I remained in the yard, Millerman went to the house and called Redknapp out—I said to him, "I want to look into your corn-bin"—he said, "You are quite welcome, there is nothing there but what is my own"—he unlocked the stable—I went and looked, and found in the bin a number of pieces of paper which I had marked with the day of the month, and put in the oats the night before—I found a bushel and a half oats there, more than two nose-bags full.
Smith. Q. Did I carry the corn into the stable? A. Of course you did.
Redknapp Q. Did you see me receive any corn? A. You had the key of the place, and said what was there was your own property I was not there on the Wednesday.
Smith. I was there half an hour while I ate my breakfast—the horses had eaten the corn. SMITH— GUILTY. Aged 23.
REDKNAPP— GUILTY. Aged 28
Confined Eighteen Months.
WILLIAM COULTER. I live in Davis-street, Berkley-square, and am a carpenter—about nine o'clock on Saturday night, the 3rd of July, I was in Oxford-street—I missed my handkerchief—I walked towards my home about a hundred yards—I then came back and saw the prisoner and two others—I watched them for some time—I then went to Marylebone station, and got an officer—he took the three persons—my handkerchief was found on the prisoner—this now produced is it—it was about nine o'clock when I lost it—it was found on the prisoner in seven or eight minutes.
GEORGE THORNTON (police-constable D 109.) I took the prisoner to the station—between his trowsers and his thighs I found this handkerchief—the prosecutor said it was not his—I put my hand in another part of his trowsers and found this other handkerchief—neither of these are the prosecutor's—I put my hand between his legs and found this handkerchief, which is the prosecutor's—I then put my hand in his pocket and found this other handkerchief.
Prisoner's Defence. I met a man who asked me to buy a handkerchief—I gave him 2s. for it—I then gave him 7s. for these other three hankerchiefs.
JESSE JEAPES (police-constable C, 146.) I produce a certificate of the prisoner's former conviction at Clerkenwell by the name of John Davies—read—(Convicted 18th August, 1846, and confined six months)—the prisoner is the person.
GUILTY.†* Aged 20.— Transported for Seven Years.
ANDREW WATTS. I am hair-dresser, and live in Church-row, Stepney—I took the prisoner to assist me in business—on the 21st June I let him in at six o'clock in the morning and went to bed again—I sleep in the parlour—I did not hear him about the place he had taken down the shutters—I then missed my waistcoat from my bed side—I found it in the shop, and the money stated gone out of it—the prisoner was also gone—I went after him—I saw something pass from him to his girl—he said to me, "Come on, it is all right, I have got your money."
Prisoner's Defence. I did not take the money; his only suspicion was from my going away; he had used very brutal language to me the day before, which I did not like, and I went the next morning, took my things, and went away; he came and took me in charge; he took my coat, searched the pockets, and then threw the coat in my face; he saw the money taken from me, and that is the reason he can swear to it.
GUILTY. Aged 20.— Confined Three Months.
1651. JAMES BEAZLEY was indicted for stealing 3 wheelwright's tools, value 10s.; 22 hinges, 5s. 6d.; also 32 pieces of brass, called glass plates, 4s.; the goods of Edward Kitchen and another, his masters; to both which he pleaded
GUILTY. Aged 32.— Confined Four Months.
GUILTY.— To enter into his own recognizance, in 50l., to appear and receive Judgment when called upon.
GUILTY. Aged 21.— Confined Eight Days.
MESSRS. BODKIN and CLARKE conducted the Prosecution.
ELLIS EMANUEL. I am an artificial flower-maker, and live in Greville-street, Hatton-garden. On the 15th of June, between nine and ten o'clock in the evening, I was walking in Leicester-square—I saw some persons running—I ran with them, and saw some persons quarrelling—I stopped to look at them—the prisoner spoke to me—he was quite a stranger—he remarked that he would like to see the two men fight, there being a difference in their size—I said there was a great contrast in the, and they were badly matched—I walked away, and as I turned round by some wine vaults I felt a tap on my shoulder—I saw that it was the prisoner—he asked me what I was going to stand—I asked what he meant—he said if I did not give him some money or drink, he would call a policeman, and give me into custody for an indecent assault on him—I called him a rascal, and said if he did not be off I would call a policeman and give him into custody—I walked down James-street, till I came near the corner of the Haymarket—I saw a policeman—I went across to speak to him—the prisoner ran before me, and gave me is charge—I told him it was a false charge, because I would not stand drink or money, and said that I was the person who ought to give him into custody—I was taken into station and locked up all night—I was taken to Marlborough-street the next morning, where the prisoner made his statement to the Magistrate that I had indecently assaulted him—the Magistrate released me till the following Saturday—I went then, the prisoner did not appear, and I was discharged—I did not see the prisoner again till the policeman called at my house, and said that the prisoner was in custody—I went and found he was in custody—I had given my right address at the station, and asked the inspector whether he would take bail, and he would not—I had never seen the prisoner in my life till I saw him in Leicester-square between nine and ten o'clock that night.
Prisoner. You stood in the mob by St. George's-barrack-gate; there were several young men and girls standing. Witness. I was not at St. George's-barrack-gate at all that evening.
JAMES SIMMONS (police-constable B 118.) I was on duty on the 15th of June in James-street, Haymarket—I saw the prosecutor and the prisoner coming towards me—the prosecutor was walking in front; the prisoner was behind him two or three paces—when they came opposite me the prisoner called to me, "Policeman, I give this man in charge for indecently assaulting me near the barracks"—I said, "In what way?"—he said, "By putting his hand on my trowsers * * *"—the prosecutor replied, "It is no such thing; it is for the purpose of extorting drink or money from me; I refused to give it him"—they were both taken to the station, and the next morning to Marlborough-street—the prisoner was examined, and made his statement as he had done to the inspector the night before—the prosecutor was discharged on his own recognizance in 20l. to appear on the following Saturday—I was there that day—the prosecutor attended—the prisoner was not to be found, and the prosecutor was discharged—the prisoner gave his address at the Black Horse,
in York-street, Westminster—he did not know the number, nor the landlord's name—he said, "If you go there you will find I live there," and he gave the name of Fox—I went there, and the landlord said he did not know him—I have the charge-sheet, in which the prisoner and the prosecutor signed their addresses.
Prisoner's Defence. I did lodge at the Black Horse for two nights; I was standing on the 15th of June outside St. George's-barracks; there were several males and females there; I was standing behind a female; the prosecutor shoved into the crowd, and put his hand into the flap of my trowsers; he turned round, and ran into Whitecomb-street; when he got to James-street he walked on; I went, and said to him, "You ought to be ashamed to take liberties with a man; there are plenty unfortunate girls about the street, without taking liberties with a man;" he said, "You are mistaken in the person;" I said, "No, I am not; you are the person;" I gave him in charge; I mentioned nothing about money or drink; there is no foundation whatever for he is saying that I did; it was in Hemming's-row; I worked for Mr. Alderman Johnson, and at the Tower of London; I am innocent.
GUILTY. Aged 24.— Transported for Fifteen Years.
(There was another incident against the prisoner for a similar offence committed on the following day.)
1656. MARY TUCKER was indicted for stealing 5 gowns, value 4l.; 1 looking-glass, 5s.; 1 table-cloth, 5s.; 1 victorine, 10s.; 2 shawls, 1l.; 2 petticoats, 6s.; 1 bed-gown, 2s.; 3 yards of mouselin-de-laine, 3s.; 1 apron, 2s.; 2 capes, 5s.; 1 brooch, 8s.; 1 cup, 6d.; 1 soucer, 6d.; 3 images, 3s.; 6 towels, 10s.; 1 scarf, 5s.; 2 shoes, 3s.; and 1 tea-caddy, 4s.; the goods of Eleanor Fenn.
ELEANOR FENN. I live in Southampton-street, Euston-square—it is my dwelling-house. The prisoner was in my house—I went out on the 6th of June, and left her home—when I came back she was gone, and I missed my gowns and other things—two gowns and a shawl are here—they are mine.
Cross-examined by MR. ROBINSON. Q. You have several lodgers? A. Yes—the prisoner lived there with her husband—these things were locked up in a room—I found the room door broken open, and the screw of the padlock taken out—when I looked into my room I found all these things were gone—I know these gowns, because I made them.
Cross-examined. Q. Did it not strike you as rather singular that she should be going out on Sunday afternoon with a large bundle? A. I thought it might be her own property—I did not follow her—I was not aware whether she had property in the house—I live in the second floor front room.
was the same writing as this—these things were pawned by a female—I think it was the prisoner, but I cannot swear it—this is the duplicate given to the person who pawned these things—it is the writing of one of our lads.
(The prisoner received a good character.)
GUILTY. Aged 22.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JAMES ANDREW INWOOD. I keep the City of Carlisle public-house in Rosemary-lane—on the 4th of May I went out about eleven o'clock in the morning, and returned about three o'clock—I have known the prisoner rather more than three months—she had been in habit of working for me—I discharged her on 4th of May—on that day Mr. Moss made a communi-cation to me, and I missed a five-shilling packet of halfpence that had been safe when I went out—I sent for the prisoner and gave her in charge—she begged and prayed of me not to proceed against her—she said she knew nothing about it—I withdrew from the prosecution and did not appear next morning—I had missed several things—I forbade her to go to the room where that money was.
JOHN MOSS. I am a cigar-maker, and live in Elizabeth-street, Commercial-road—I was at Mr. Inwood's on the 4th of May, about one o'clock, I was in the public parlour—I looked a crevice in the door that leads to the bar-parlour, and saw the prisoner go to the cupboard, take a parcel of halfpence, and put them in her bosom—I communicated it to Mr. Inwood's niece in four or five minutes, and to Mr. Inwood when he came home—I have not the least doubt the prisoner did it.
Prisoner. He took me into the parlour and said, "Have you any thing about you?" I said "No, I have nothing but my snuff-box;" they searched me right and left before I moved. Witness. She was searched, but not for five minutes after.
ELIZABETH SIMS. I am Mr. Inwood's niece—about one o'clock on the 4th of May, Mr. Moss told me about the prisoner—these ear-rings are mine, they were given to me by Mrs. Inwood—I have lost them, but I cannot tell where.
Prisoner. They are nothing but a bit of brass; I bought them for 4d., of Emma Smith; you took them out of her years. Witness. Emma Smith brought these ear-rings and gave them up—she took them away with her—they were not found on the prisoner till after that—the prisoner had communication with Emma Smith at Arbour-square.
Prisoner's Defence. Emma Smith was coming out; I had got my snuff-box, and she had got the ear-rings; when we got to the station she said, "I have nothing; I will give you these for 4d.; and the bit of paper was on them when Mrs. Penny searched me, I gave her this box and ear-rings; she said, "Where did you get them?" I said, "That young woman, who was committed to Newgate, gave them to me."
GUILTY. Aged 37.— Confined Eighteen Months.
(There was another indictment against the prisoner for stealing 34 sovereigns and other monies, James Andrew Inwood.)
1658. JULIA MAHONEY was indicted for burglariously breaking and entering the dwelling-house of Margaret Martin, about I in the night of the 1st of July, at Saint George in the East, with intent to steal, and stealing therein 1 cloak, value 11s.; 1 shawl, 5s.; 2 frocks, 7s.; 1 pair of boots, 5s.; and 1 bonnet, 3 s.; her property.
MARGARET MARTIN. I am single, and live at No. 13, Neptune-court, St. George's in the East—the prisoner was my servant—I left home at eleven o'clock at night on the 1st of July—I had let the prisoner out about ten minutes before me, when I looked the door—I returned at one o'clock, and found the window open—it had been shut before—my frocks, and cloak, and other things were gone—these now produced are my property.
PETER ROYAN (police-constable, H 194.) The prosecutrix came to me about one o'clock that morning—I received information that the prisoner was at No. 18, King-street—I went, and found her, and this shawl, bonnet, and clock—the other articles she had given to the landlord—the prosecutrix's house is in the parish of St. George in the East.
Prisoner. The prosecutrix told me to take things for safety; I took them to where she told me to take them, the evening before; the policeman came, and said, "Where are the things?" I said I had part of them, and the rest I gave to the landlord.
GUILTY. Aged 20.— Confined One Year.
1659. EDWARD LOVELL , was indicted for burglariously breaking and entering the dwelling-house of James Peachey, about 11 in the night of the 26th of June, at St. Luke, with-intent to steal, and stealing therein 6 guard chains, value 20l., his property; and that he had been before convicted of felony,
WILLIAM FREDERICK PHILLIPS. I am shopman to Mr. James Peachey, of No. 38, Goswell-street, St. Luke's. On Saturday night, the 26th of June, between half-past ten and a quarter to eleven o'clock, I was standing in the shop, serving, and heard three violent blows in quick succession, followed by a crash—I ran to the window, and saw a red handkerchief round some guard chains, and a man's hand grasping at them—I rushed out, followed by a young man—I saw the prisoner making from the window—I followed in pursuit—there had been in that part of the window a number of gold chains, a row of gold watches, and some smaller chains in front—I afterwards found that six of those chains were gone, and half of a brequet chain—the prisoner ran, and I after him, for thirty or forty yards—he slipped, and fell down, and I caught his hand—he threw me off—I caught him again—I got assistance, and he was taken—there was no property found on him, but there were six chains picked up under where he fell—they were Mr. Peachey's chains—I did not lose sight of the prisoner for a moment.
Prisoner. Q. Was I standing at the window? A. You were running from the window I am certain, I did not see any handkerchief in your hand when I picked you up—you said I was mistaken, and that you were not the man.
with his left hand, and run away with them in his hand—I saw him fall, and saw him brought back.
Prisoner. Q. What did I break the window with? A. Your fist; and after you had taken the chains from the window with your left hand, you ran from the window—there were very few persons passing by—directly I saw you ran, I cried "Stop thief!"—I knew I was not likely to catch you—you did it very quickly.
THOMAS BOUCHER (city-police-constable, 618.) I produce a certificate of the prisoner's former conviction at this Court, by the name of Edward Decham—(read—Convicted 23rd November, 1846, and confined Six Months)—the prisoner is the person.
GUILTY. Aged 23.— Transported for Ten Years.
ROBERT KNIGHTSBRIDGE. I am a shoe-maker, and live at No. 4, Tower-street, Seven-dials, in the parish of St. Giles-in-the-fields. On the 28th of June, about five minutes before five o'clock, I was in my room, which is the Second floor back—the prisoner lodged in the third floor front room—about five minutes before five, Edward James Maids, the prisoner's husband, came home—in turning the staircase, by my door, I saw he had his coat under his left arm—I said to him, "Higher up"—he scarce made me any answer, but went up stairs to his own room—in two or three minutes, his little girl, who is two or three years old, came up stairs—he said to her, "Polly, come in, and if mother comes in to-night there will be murder"—he said that before the prisoner came in—a few minutes afterwards, the prisoner, with her child in her arms, came in, and came up to my room—she had not been there above half a minute before her little boy, who is about six years of age, came up stairs, and she said to him, "Teddy, go up stairs and see if your father is asleep; don't tell him I am here"—the child went up—he came down again, and said, "No, mother"—I and my friend had just had a cup of tea, and I said to prisoner, "If you had been a little sooner you could have had a cup of tea with us"—she sent her little boy up stairs again to get a bottle of tea, and he came down with it into my room—she sent him up a third time to get a basin out of the drawer with some sugar, and whether the father had any ill thoughts that the child was going to steal the sugar, I cannot tell, but I heard a smack, and the child cried—the prisoner was in my room—she put the little baby out of her arms on the bed, hastened up stairs, and said, "I will see that he don't knock and ill-use my children"—when she got into the room there were some words each way, and I could hear as it
there were blows each way—I heard them in the room and on the landing, I believe, as if struggling—with that I heard him say there was a person he was intimate with, who had his place better in order than the prisoner's was, though she has always strove to the utmost to do what she could—when she heard this woman brought up, she said, "You sha'nt knock and ill-use my children for that b—y Mrs. Trissell, that w—e"—they had a few words again, and I heard her say all at once, "Take that, you b—r"—as she came down stairs I heard a kind of a fall, and as the prisoner came into my room I heard her husband call out to me, "Bob, Bob"—I looked round as I was twisting my thread, and I saw a knife in the prisoner's right hand—she had then come into my room—I took the knife out of her right hand, and laid it on the table—I went up stairs to Mr. Maids—he was then lying very near the middle of the floor, in his room, in the act of crawling towards the children's bed—as he was on his left side, he said, "Bob, I am an innocent man, so help me G—, of what I am accused of!"—I looked, and saw he had his hand to his left side—I said, "Don't mind me, let me see what it is,"—I undid his braces, and pulled his shirt out—I saw two spots of blood on the shirt, full the size of an egg; and in pulling the shirt up, I saw a wound on the left side of the body, just above the hip—I looked for some water, and there was none—I came down to my room and got about three pints of water and a cloth—I said to him, "Keep it quiet, if it had been more in front it would have been serious"—I went up stairs and washed the wound—I washed his face, and wetted his lips, and left a wet cloth to his wound, while I came down to wash myself and to get a clean shirt, to persuade him to go to Charing-cross hospital with me—he was removed to the hospital, and he lived from Monday, the 28th, till half-past two on the following Wednesday—I saw him after his death—I helped him off his death-bed into the shell, and helped to carry him down stairs—that was the same man—I am sure I heard him say, "If mother comes in to night, there will be murder;" and I am sure I heard blows up stairs after that.
THOMAS WESTALL. I am a shoemaker—I lodge on the third floor of the house—I heard Edward James Maids come home that evening—I heard a child cry after he came home, and after I heard the child cry I heard the prisoner go up stairs—I heard her say, "You shall not ill-treat my children"—a scuffle then took place between him and the prisoner—I am sure of that—the last words I heard the prisoner say were, "Take that, you b—r"—I then heard him fall down.
DOMINIC CARR (police-sergeant F 15.) I went to No.4, Tower-street, and took the prisoner—when I entered the room she was in the act of drinking something from a cup—she swooned or fainted away—when she recovered she looked at me, and said, "If I have done it, God will punish me; but I do not know whether I have done it or not"—I had not spoken to her at that time—I then said she had better be cautious what she said in my presence—she then said no more—I found this knife broken up in the water-closet.
GEORGE MARTIN YOUNG. I am house-surgeon at Charing-cross Hospital—I saw the deceased when he was brought there, at half-past five o'clock that evening—I examined his left said—there was a wound about four inches deep—his death was certainly caused by that wound—I inquired of him how it was done—Knightsbridge said he had been stabbed by his wife—Maides said, "O no, no: I did it by falling on the knife"—he had been but a few minutes in the hospital when he said that—I am sure he said he did it by falling on the knife, and he frequently repeated the same statement—he was
in great danger at the time, but I cannot say whether he was conscious of his danger.
GUILTY. Aged 31.—Recommended to mercy by the Jury.— Confined Six Months
THIRD COURT.—Thursday. July 8th, 1847.
PRESENT—Sir PETER LAURIE, Knt., Alderman; Sir CHAPMAN MARHSHALL, Knt., Alderman; Mr. Alderman GIBBS, Mr. Alderman JOHNSON, and EDWARD BULLOCK, Esq.
Second Jury, before Edward Bullock, Esq.
HENRY MARTIN. I am a sailor, and live at the Sailors' Home. On the evening of the 6th of July, I was going home, I met the prisoner, and went with them to a public-house—I had 3l. 10s. in gold, and 6s. or 7s. in silver and copper, loose in my fob—I had a watch and guard-chain—I was not exactly sober, but knew what I was about—we were at the public-house about an hour—we came out—the Sailors' Home was locked, I could not get in, and went home with the prisoners to their house, in Angel-gardens—they both went into the room with me—Hornsby remained in the room with me—Fairburn went out before I undressed myself—Hornsby and me then undressed and went to bed—I put my clothes on a chair—the money was safe in my fob-pocket then, and my watch in my waistcoat-pocket—about half an hour after I had been in bed with Hornsby, she got up—a girl, who I do not know, came into the room, remained there about half a minute, and they both went out together—a few minutes after they left, I got up, found my money was gone, and the door locked—I attempted to open it, but could not—I cannot say whether I attempted to open the door, or to go to my pocket first—it was all in a moment—I opened the window and screamed out for the police—I cannot swear whether Hornsby came in before the police—the policeman and all came in together—I saw the watch after the policeman came in—this produced is it.
Hornsby. Q. Did not you send out for a quartern of gin, and say you would give me half-a-crown to sleep with me? A. No—I did not place the watch under the bed, or break your things up.
JOHNSON DOBELL (policeman.) Between one and two o'clock in the morning, the prisoner Fairburn called me—we went to the house together—I found Hornsby and the prosecutor in the room together—I asked him what was the matter—he said he had been robbed of 3l. 10s., and his watch—the room was very dark—there was no candle—Fairburn came in with me—I sent for a light—I kept them all three in the room, and sent a boy out—a policeman named Dillon came—I asked Fairburn if she knew anything about it—she denied knowing anything about it at all—I saw her place her arm on the ledge of the window—I said, "What are you doing?"—she said, "Nothing"—I said, "Lift up your hand"—I saw a sovereign under her hand—I said, "What have you got in your other hand?"—she said, "Some money which my old man gave me"—it was 1s. 7d.—I asked Hornsby if she knew anything
about it—she denied having the money or watch—we turned the bed over several times, and at last found a pocket underneath it—Hornsby said, "Let me go back again?"—I said, "What for?"—she turned away, put her hand up her clothes, and I saw the chain of the watch as she was putting it under the bed—I took the watch and guard—this is it.
GARRET DILLON (policeman.) I went into the room with my light, and saw the prisoner Fairburn standing by the ledge of the window—I turned my light on, and saw a sovereign under her hand—I found a pocket under the bed which contained 13s. 8d.—there was a half-sovereign in it—I asked who the pocket belonged 13 to—Fairburn said to her.
Hornsby's defence. The pocket belonged to me; he gave me the halfsovereign to get some supper; I was rather too long gone, and he turned to and smashed my thing up.
Fairburn's Defence. I went with him; he gave me half-a-crown to fetch a quartern of gin; I wished him good night; I did not come in any more till the policeman came.
HORNSBY— GUILTY. Aged 24.— Confined Six Months.
FAIRBURN— NOT GUILTY.
PIERRE PLISSON (through an interpreter.) On the 7th of July, about half-past nine o'clock, I was at the door of a public-house just opposite the St. Katherine's Docks—I saw the prisoner there—I had never seen her before—she spoke to me very much—I took my supper with her close by—there was nobody else in the room—I had a watch, a watch-guard and key, and 10s.—I gave her 4s., and had 6s. left—they were in my jacket-pocket, with my watch—I am quite sure I had them then, because I gave her the 4s. in her room—after supper I went to her house—I am quite sure I had the watch then, for I showed it to her—there was nobody else present then—I took off, my clothes and went to bed with her—I put my clothes on a chair, with the watch, money, and three coins in the same pocket—two policemen came into the room about one o'clock in the morning, awoke me, and asked me what o'clock it was—the prisoner was in the room—I said to the policemen, "Somebody has taken my watch"—the door was locked on the inside before I went to bed—when I charged the prisoner with having the watch, she only screamed out, because the policeman had hold of her hand.
CHARLES M'CARTEN (police-constable H 134.) About half-past one o'clock I was on duty in East Smithfield, and saw the prisoner about 130 yards from the house—a man passing by knocked against her—she called him a very improper name, and said, "You will knock my watch out of my hand"—I went over immediately, saw a watch in her hand, and asked her how she came by it—she said her young man gave it her—I asked her who her young man was—she said he was in bed—I said, "Where?"—she said, "In Lower Bell Alley"—I said I would take her to the station-house till I found out how she came by the watch—she said she would not go—a brother constable came up, I told him what had occurred, and we both went with her to the house—on the way there she said he did not give her the watch—we went into the room, found the prosecutor in bed, woke him up, and asked him what o'clock it was—he took his jacket, and said he had lost his watch,
1s. and a few coppers—I produce the watch, and a small coin which I found in the room, after I locked her up.
Prisoner. You slung the watch round my neck. Witness. I did not—I did not tell you you might take it.
Prisoner's Defence. He slung the watch round my neck; after I had been in bed an hour I was taken very bad, and said I would have something to drink—he said, "Very well;" when I got to the public-house, there was a fight; I took the watch off my neck, and put it in my hand, and some young man almost shoved me down.
CHARLES M'CARTEN re-examined. When I got to the house the door was shut—my brother constable went in before me—I do not know whether he is here—I went up immediately after him—I know the door was shut—Plisson was in bed and asleep.
GUILTY.— Confined Six Months.
GUILTY. Aged 21.— Judgment Respited.
GUILTY. Aged 22.— Confined Six Days.
(The prosecutor gave the prisoner an excellent character, and promised to take him into his service again.)
1666. DANIEL JORDAN was indicted for burglariously breaking and entering the dwelling-house of James Francis Burdett, about the hour of three on the night of the 30th of June, at St. Matthew, Bethnal-green, with intent to steal, and stealing therein 1 ink-stank, value 1s.; 120 pence, and 120 halfpence, his property.
JAMES FRANCIS BURDETT. I am landlord of the Dolphin public-house, Church-street, in the parish of St. Matthew, Bethnal-green—it is my dwelling-house. On the 1st of July, a little after twelve o'clock, I went to bed—I shut the house up myself, it was not quite safe, for I had neglected to put the screw into the bar-shutters—the window was not closed, but the shutters were shut down, with the exception of the screw being put in—three packages of halfpence, 5s. in each, were on the ledge inside the bar-window—I also had an ink-stand in the room—about a quarter-past three o'clock I was alarmed—I looked out at my window, and saw the police, I came down stairs, and saw the bar-window open, and the policemen getting in at the window—I missed the coppers immediately—I did not miss the inkstand till it was produced—I am quite sure it was there when I went to bed—this is it (produced)—I have seen some of the coppers since—I cannot swear to them—I did not tie or pack them up myself—they were what I had taken in business.
Bethnal-green—I found the shutter of the prosecutor's house down, and the window up—I moved the shutter and found it was not fastened—the window was up nearly as high as it would go—I gave an alarm, but could not make any one hear—I went round the corner and saw the prisoner standing close by the window—I saw him draw his hand out of the window with something in it—I closed the shutters—he did not get into the room—a man could get the halfpence without getting into the room—he ran away, I ran after him, and called, "Stop thief!"—I saw him put the halfpence into his pocket as he ran—I only lost sight of him in turning a corner—he was not a minute out of my sight—I saw him stopped—I asked where the halfpence were—he said, in his pocket—I put my hand into his pocket and took part of them out, and part he gave me himself—I found some brown paper in his pocket, with some halfpence in it—I heard some money fall as he drew his hand from the window—I did not pick it up, the sergeant did.
THOMAS WATKINS (policeman.) On the 1st of July, about a quarter-past three o'clock I was on duty in Hare-street, Brick-lane, heard "Stop thief!" called, saw the prisoner running, went after him and stopped him—Hall came up and said, "Where is the money?"—the prisoner said, "It is in my pocket," the prisoner gave him some, and some he took—I took the prisoner to the station—he said some man gave him the money, and told him to run away as fast as he could.
JOHN BURKE (police-sergeant.) On the 1st of July, about a quarter-past three o'clock, I saw Hall standing by Mr. Burdett's public-house—I passed on and heard a cry of "Stop thief!" went to the house, and found the bar-window and shutter thrown up—I found an ink-stand on the outer ledge of the window, and took possession of it.
Prisoner. I was never in trouble before.
(The prisoner received a good character.)
GUILTY of Stealing only. Aged 22.—Recommended to mercy by the Jury and Prosecutor.— Confined Four Months
ELLEN JENKINSON. I live at 7, Little Turnstile, Holborn. The prisoner lodged at my house from the 18th of June until he was taken into custody—he occupied an attic—I had no other lodger—on Thursday afternoon, the 24th of June, I counted my money, there was nine sovereigns—I put it into a purse, placed it into a work-box, locked it, placed it in the back room on a chest of drawers, and placed the key in a separate chest of drawers in the same room—I went out in the morning, and left the bed-room door unlocked—the prisoner would have to pass my bed-room door to go to and from his own room—on Monday afternoon, the 28th of June, I went to my work-box and found it unlocked, the key was not in it, the purse and money were both gone—I found the key where I had left it on Thursday—it did not appear to have been moved—on Saturday the 26th of June, the prisoner had paid me 2s. for his week's lodging—he then owed me 1s. 6d. for board—3s. 6d. he had to pay altogether—he said the 1s. 6d. must stand over a little longer—he was not at work at the time—I know that because he did not go out to work the work he did at home was very trifling—no one but the prisoner and I lived in the house, except a little girl and a baby eight months old—it is my husband, John Jenkinson's, dwelling-house—he occupies it and lives in it—it is in the parish of St. Giles'.
Prisoner. Q. Was there anybody in the dining-room from Friday to Monday? A. Yes, but nobody could obtain admittance to my bed-room—know that you worked at writing tickets, but you told me you could not see them—there were people working at the back of the house, but they could not pass or repass to my bed-room—I did not ask you on Sunday night to give me a call on Monday morning—I did not say I was afraid of being too late to go to market—I never authorized you to call on me—I went out between six and seven on Monday morning, and returned between seven and eight.
COURT. Q. Do you keep an eating-house? A. Yes—there are not many people frequenting it—the business goes on from twelve till two o'clock in the day—some of the people eat on the premises, and some buy and take it away—they eat on the first floor—my bed-room is on the second floor, above the dining-room—the prisoner's bed-room was above mine, in the attic.
MARY ANN PILLEGREW. I am servant to Mrs. Jenkinson, and have been with her twelve months—I recollect Monday afternoon, the 28th of June, when the money was missed—on that same morning, about seven o'clock, the prisoner asked me if my mistress was gone to the market—I said "Yes," and that she had been gone about half-an-hour—he went out, was out about half-an-hour, came back before my mistress, and went up to his bed-room—I staid below—nobody was in the house then but me and the baby.
Prisoner. Q. What time did Mrs. Jenkinson go to market? A. Between six and seven—I did not see you go out, but I heard you go down stairs—you returned about half-past seven, went out again, and was out about half-an-hour—that would make it about eight when you came back—you went out between three and four o'clock on Monday afternoon—you did not go out before that—you did not leave the premises.
JURY. Q. Could he leave the house without your knowledge? A. He must go through the shop to leave the house—it was about two or three o'clock when I heard that the money was missing—he left the house after I heard it was lost—my mistress was at home when he left, but she was sitting down writing, and did not see him leave.
WILLIAM BIRCH COOPER. I am a linen-draper, and live in Church-street. Greenwich. On Monday evening, the 28th of June, between eight and nine o'clock, the prisoner came to my father's shop, and asked to look at some cotton pocket handkerchiefs—he bought one and paid 1s. for it—he requested as a favour that I would take care of some money for him, as he had been taking something to drink—I consented—he gave me six sovereigns, and I gave him a memorandum.
RICHARD COOPER. I keep a shoe-shop in Red Lion-street. On Monday the 28th of June, about ten o'clock, the prisoner came to my shop, purchased a pair of boots, and paid 11s. 6d. for them—he gave me a sovereign, I gave him the change—he asked for an envelope, and then turned his face towards the door, and put something into the envelope, and asked me if I could give him a wafer—I said I had not one, but I would give him some paste—he took some off the counter, fastened the envelope, wrote his address on it, put it inside one of the boots, and said he would call for it with the boots in the morning—I had never seen him before—I kept the boots and envelope till next morning, when the officer came—the prisoner did not call for them.
JOSEPH THOMPSON (police-constable F 62.) On the night of the 28th of June I took the prisoner into custody—I told him I was an officer, and said Mrs. Jenkinson had lost nine sovereigns—he said he did not believe it—I
asked him how much money he had sent down to Liverpool to his wife, he said "10s."—I asked him how, he said "By a post-office order"—I said "Where"—he said "At the corner of Museum-street"—I found Mr. Cooper's card of Red Lion-street in his ✗t—he said that was a card where he had some tickets—as I was taking him to the station, I asked him to account for having 10s. being out of work—he said he had sold tickets—I took out a piece of paper, and asked who he had sold any tickets to—he said "Oh, d—n it, you push me too hard"—I found a ticket inside the lining of his hat, and 17s. in silver on him—I afterwards went to Cooper's, received the boots, and found this envelope and this bill in them.
Prisoner. Q. Have not you got a card with "Underwood, hatter," upon it? A. Yes, you had that in your hand—you said it was an order for some tickets—you did not say you had got it of a shoemaker—there was a hatter's card in the boots.
Prisoner's Defence. I went to see the painted hall at Greenwich; I had 3l. 12s. 6d. when I arrived in town, and my wages came to 16l. 10 s., altogether making 20l. 2s. 6d.; I sent my mother 6l. 10s.; the boots came to 10s., and the handkerchief to 1s.; I spent some down at Greenwich, and have 7l. 10s. left; I worked for Mr. Ferr, of Mortimer-street; he gave me 30s. a week.
GUILTY. Aged 30.— Confined Six Months.
ESTHER JOSEPH. I am nine years old, and live with my father and mother, in Rosemary-lane. On Sunday, the 20th of June, I was playing with some children about my father's door—I saw the prisoner there, sitting at her stall—some of the boys put some orange peel and straw on her bonnet—I did not go up and laugh at her, and point—I laughed at the boys—they put it on her head, and I laughed—she got up from her stall, and cut me across the hand with a knife which she cuts her oranges with—she was going to cut my face, but I held my hand up—I began to scream, and my mother took me to a doctor's.
ROBERT CHIDLEY. I am ten years old, and live in the Minories. I was standing by the prisoner's stall on this Sunday—I did not see the boys put orange peel on her head—I was looking at her stall—I saw Esther Joseph—she did nothing—the prisoner picked up a knife from the stall, and was going to give her a cut in the face—the girl held her hand up to save her face, and the knife hit her hand.
Prisoner. You were not there at all. Witness. Yes, I was.
ROSETTA JOSEPH. I am the wife of Israel Joseph. The little girl is my daughter—I was sitting at the door last Sunday fortnight, and heard her scream very violently—I saw the blood spitting profusely—I ran with her to a surgeon, and had the wound dressed—she has been labouring a fortnight under it—I know nothing of the accident.
RICHARD MARONEY (police-constable H 167.) I took the prisoner into custody, and told her what it was for—she said it was an accident—she said the knife was in her basket, under a cloth—this is it—it is very sharp—she said she was cutting a lemon at the time—she did not tell me the boys had been teasing her—she said they had put a bit of lemon or orange peel on her bonnet—she gave me the knife.
HENRY METZLER. I am a surgeon, and live in the Minories. On Sunday, the 20th, the child was brought to me—it had a very severe would, about an inch long, on the back of its right hand, laying open one of the smaller veins, and incising the tendon of the index finger—it was an incised would and could have been made with such a knife as this—it was rather a jagged would, and this knife has a piece out of it—the child was ill for a fortnight with nervous fever—it might have been very serious.
Prisoner's Defence. The boys and girls were throwing a lot of things on me, and knocked down all my fruit; the little girl was looking along with the rest; she happened to he alongside of me, and I could not help it.
GUILTY of an Assault only. Aged 40.— Confined Three Months.
CATHERINE OLIVER. I am a widow, and live in Ebenezer-place, Bunhillrow. The prisoner lives with my daughter, Mary Montgomery—on the 28th of June, about ten o'clock in the morning, I went to the prisoner's house—he was not at home—I found my daughter there—I went away, and I went again in the afternoon—when I got close to the house I heard my daughter cry out—I went in, and found the prisoner and her quarrelling—he had her throttled—I went to her assistance—he had got hold of her by the neck, I cannot exactly say whether with his hands or with anything else—I got her away from him as well as I could, and put her into passage—he told me several times to let her go—after I had got my daughter away, the prisoner turned round, and said, "You b—y old cow, if I don't have satisfaction of her, I will of you"—he had something in his hand, but, in the height of my passion, I cannot tell whether it was a stool or not—he had a stool in his hand, but whether it was with that, or anything else, I know not, but he struck me on the temple—I was taken to the doctor's, and then to the hospital—I remained there from Monday evening till the Friday following—I had not struck him, or done anything besides getting him away from my daughter—I had said nothing to him—I never had an angry word with him—I have known him twenty years—he is a very hasty young man—he had been living with my daughter ten months—he was a little intoxicated.
MARY MONTGOMERY. I am the daughter of the last witness—I am married, but I live with the prisoner—my husband lives with a female, a servant. On the morning of the 28th of June the prisoner came home—I was sober—he was very drunk—he began to kick up a piece of work—he struck me with his first—my mother came in—she was not sober—she came to the door as he was punchingme—he was very tipsy, and did know what he was doing—my mother interfered, and tried to save me—he turned round, and struck my mother with a stool.
HENRY FREDERICK WILD. I am house-surgeon at St. Bartholomew's hospital. On the 28th of June the prosecutrix was brought to the hospital—I found a cut about an inch in length, on the temple—it was bleeding slightly—it had been strapped up by a surgeon—she was suffering from slight concussion of the brain, which would be the effect of a heavy blow.
Prisoner. I am very sorry; I will never do so any more.
GUILTY of an Assault. Aged 31.— Confined One Months.
WILLIAM GUY. I am twelve years old, and live with my father and mother, at Homerton. On Saturday, the 26th of June, I went into Lee-fields with my little sister, Eliza, who is five years old, and my brother John, who is seven years old; Maratha, who is three years old; and Elizabeth Maycock, who is eight years old—we went there to play—the prisoner came there—I did not know him before—I am sure he is the man—he asked me to go to Temple-mills bridge with him, and the children too—I said, "No, we don't do such a case as that"—it was a good way off—he offered me 2d.—he took hold of my sister's hand—he said nothing about her—he said to her, "Will you sit on the grass, will you sit on my lap? because you have been walking a good way; you are tired"—we were all there—he sat her on his lap—he then took her by the hand, and led her away from us—I had my little sister in my arms, who is three years old—I ran after him with her—he led Eliza away—she walked by his side—she had hold of his hand—I said, "He Will drown you"—I followed him—we went about a mile—he went over a bridge, and went almost as far as Temple-mills-bridge—I followed, and had the baby in my arms—he went over the bridge with my sister Eliza—we all followed over the bridge—when he got on the other side he sat on the grass, and put Eliza on his lap—he said, "Is you tired?"—she said, "Yes"—he said, "Have a rest on my lap"—he took her on his lap, and put his right hand up her petticoats—she screamed out, and kicked, and hallooed, "William, come and help me!"—I went up to her to pull her away form his knee, but he pulled her back—he then put his hand into his right pocket, took out two farthings, and gave one to Eliza and one to John—he then got up and ran away along the high grass, towards Temple-mills—nobody ran after him—there was nobody in the field—Eliza cried all the way home—she walked home—it is about a mile and half—she hallooed out, "Ain't I a bleeding?"—I looked at her—her legs were running down with blood—I went home and told my mother—I did not see the prisoner again till I saw him at the station.
ELIZABETH ANN MAYCOCK. I am eight years old, and live eight my father and mother, next door to Mr. Guy. I went into Lee-fields to play with William and John Guy, and two little girls—the prisoner came there, and said, "Will you go to Temple-mills with me?"—he said so to all of us—William Guy said, "No"—he asked me and Eliza to go—William said, "Eliza, don't you go," and to me, "Elizabeth, don't you go, he will drown you"—I came away—he took Eliza by the hand, and led her away—we all followed—he went over a bridge with Eliza—that was not Temple-mills-bridge—we all crossed the bridge—he sat on the grass, put Eliza on his lap, and put his hand up her petticoats—she screamed—I said to him, "Will you let that little girl come away?"—he did not let her go—William went up to help her—the prisoner then put his hand into his right pocket, took two farthings out, gave one to Eliza, and one to John—he had given me a halfpenny before, when he first wanted me to go—the prisoner ran across Temple-mills-filed, towards Temple-mills—we all went home as fast as we could—Eliza walked home—she cried—I saw the blood running down her legs—when I got home I told Mrs. Guy—I am quite certain the prisoner is the man—I saw him again the same evening, and pointed him out.
MARIA GUY. I am the wife of Robert Guy, a shoemaker, of James-place, Homerton—the little girl, Eliza Guy, is our daughter—she is five years old. On the 26th of June I sent the children to play in Lee-fields—they came in in about two hours—I asked what was the matter—in consequence of what they said, I examined Eliza, and found blood coming down from her private parts—she had nothing the matter with her when she went out to play—I screamed out, a neighbour came, and we took the child to Mr. Clarke, a surgeon.
BENJAMIN CLARKE , a surgeon, living at Spackman's-building, Hackney, and who examined the child, described the nature of the injury she has received; but the evidence was not of a character fit for publication.
JURY. Q. Was he searched? A. He was, and nothing but eight keys 1s., and a farthing found upon him.
WILLIAM ROGERS. I am a labourer, and live at Lower Homerton. On Saturday evening, June the 26th, about half-past seven o'clock, I was in Brooksby-walk, Homerton, about 300 yards from Mr. Guys—I heard a cry of "Stop him," and saw the prisoner running with women and children after him—they told me something—I caught him—he is the man—he asked me where I was going to take him to—I said, "To the station"—he said, how did I know he was the man that done it—I had not said anything about having done it—I took him to the station—he there asked again how I knew he was the man—I said I did not know—I asked him what he ran for—he said because the people ran after him hooted him.
Prisoner. Q. How many others were there besides you. A. Four—I knew them—I never mentioned a word to you about indecently assaulting a child.
Prisoner's Defence. I am innocent of the charge: I was passing up Homerton with three men; a number of persons were making up the street, when they got nearly close to me they shouted out, "We will break your neck;" they threw some stones which caused me to run from them; they pursued and took me.
GUILTY. Aged 20.— Transported For Seven Years.
1671. MARY ANN TAYLOR was indicted for feloniously breaking and entering the dwelling-house of William Henry GrevilleWilliam Henry Greville, at St. George, Hanover sqaure, and stealing therein 1 bottle-jack, value 8s.; 2 candlesticks, 8s.; 1 box, 3l.; and 1 pencil-case, 3l., the goods of William Henry Greville; and 1 shawl, 1l.; and 15 yards of calico, 7s., the goods of Joseph Dyer Jefferies.
MR. METCALFE conducted the Prosecution.
CHARLOTTE JEFFERIES. I am housekeeper to Mr. William Henry Greville, of No. 2, Herbert-place, Eaton-square, Pimlico—it is his dwelling-house—I came into his service on the 28th of Nov. last—I succeeded the prisoner, who was in the same capacity—I have never seen her but twice in the house since I have been there—she had no business to enter the house. On the morning of the 21st I came down a little after eight o'clock, and discovered that the house had been opened—I found the key of the area gate in the area, and the area door open; the scullery window was broken over the catch, and the window thrown up—I had left the area key on the kitchen table—the two doors were open—I missed a silver cash-box, a gold pencil.
case, a pair of brass candlesticks, a bottle-jack, a shawl, and some white lining belonging to me—I had seen the cash-box the day before, and I believe the gold pencil-case also: I cannot say but I was the last person up the night before—I fastened the house at eleven o'clock—every thing was perfectly safe—I fastened the doors myself, which I found broken open in the morning.
COURT. Q. Was anybody up after you? A. No; I and my husband were the last persons up—the front door was not kept locked—Mr. Greville has a latch-key to let himself in.
MR. METCALFE. Q. Have you seen the things? A. Yes; this is the brass bottle-jack—we have a pair of candlesticks at home to match these—I had worn this shawl the night before, and swear to it—this is the piece of white lining.
COURT. Q. Did you see the doors that go to the area safety locked? A. I saw them bolted and fastened—the area gate was very seldom opened—I am sure it was not open that night—the person who got the area key might have got in through the scullery window, which was quite safe the night before—the pantry is under the back parlour, and the scullery is a little to the left.
SARAH WALLIS. I am a widow, and live at the London-bridge tavern, Southwark—I think the prisoner first took a bed at our house about Nov. or Jan. last. On the 19th of May she came, changed her dress, and said she should not require a bed that night, but thought she should the next night; she did not come to sleep there till the 21st—I did not see her come into the house, but I saw her in the passage with three hampers, which she claimed as her property, and asked me to take care of them—they were not there before she came—I put them in the bar-parlour—I am quite certain nobody touched them—in consequence of something which happened, the policeman examined them on the 29th, eight days afterwards—they had been in the bar-parlour all the time—he found a bottle-jack, a pair of candlesticks, a spittoon, a copper coal-scuttle, and many other articles—I am quite sure the hamper had not been meddled with.
COURT. Q. Who had access to the bar-parlour besides you? A. Only my own family—the waiter had no right there only when we were there—I have one female servant and one waiter—I locked up the bar-parlour when I left it—I always clean it out myself—it is a place where I put things that I mean to keep safe.
CHARLES TUCKER (police-constable B 202.) On the night of the 20th of May, at a quarter-past nine o'clock, I was on duty near Mr. Greville's house, and saw the prisoner walking to and fro in front of Mr. Greville's house—I saw her up to half-past one the following morning walking backwards and forwards during a great part of the time—the house is in the parish of St. George, Hanover-square.
Prisoner. A. woman who was in Mr. Greville's service pointed me out to you, and said, "That is her;" and you said you had never seen me before. Witness. I pointed you out from three females in the cell, before Ann Coney said, "That is her."
Prisoner's Defence. It is impossible to get in at the back of Mr. Greville's; I might as well attempt to get into the walls of Newgate; there is a very
high wall to get over, and then over the roof of General Munday's house, and then there is a conservatory; it is impossible for any female to gain access by the back; when in Mr. Greville's house I could have taken very valuable property; I was aware where the plate chest was kept, and had free access to every room except the sleeping room; I could have taken 1000l. word of property in smaller things than what I am accused of; there were very valuable gold knives and other things there.
GUILTY of stealing only. Aged 27.— Confined Six Months
1672. MARY ANN TAYLOR was again indicated for stealing 2 sheets, value 1l.; 2 toilet cloths. 5s.; 1 curtain, 10s.; 1 pillow case, 1s.; 1 plate, 1s.; 3 cups, 3s.; and 3 saucers, 3s.; the goods of Henry Wright, her master.
MR. METCALFE conducted the Prosecution.
SARAH COVENTRY. I am housekeeper to Mr. Wright, of the Clarendom Hotel. The prisoner was in his service—she left on the 19th of Jan., 1846—she had been in his service between five and six years—she has lived with Mr. Greville since that, I gave her a character to go there—I have charge of the linen—I have seen some linen produced by Baker—I identify it as belonging to Mr. Wright—I identify this sheet by my own work upon it—the initials have been picked out—I have other to correspond with it; my work is on all of them—no one has any business with linen of this sort of the premises—they are never taken off the premises—they are washed at home—I believe this plate and these cups and saucers to be Mr. Wright's—they are the same pattern as his—we take stock twice a-year—we missed linen of this description in Jan., just after the prisoner left—I had no idea the prisoner was the guilty party—I cannot say when we took stock last; but it is twice a-year—there is generally a little missing, as it is a large house—articles of this description were missing.
JOHN BAKER (policeman.) I produce a box belonging to the prisoner, which I found at Folkstone, addressed to "Mrs. Wallis, Folkstone, to be left till called for, by luggage train"—I went to the London terminus, and got it from the Railway Company—I produce it—on the 1st of June I found these curtains and sheets in it, and a a-table-cloth or toilet-cover—they were identified by the last witness—I have had them ever since.
OLD COURT, Friday, July 9th, 1847.
PRESENT—Mr. Baron ALDERSON; Mr. Justice MAULE; Sir CHAPMAN MARSHALL, Knt., Alderman; Mr. Alderman JOHNSON; Sir JAMES DUKS, Knt., Alderman; and EDWARD BULLOCK, Esq.
First Jury, before Mr. Baron Alderson.
1673. CHARLES POLLARD was indicated for stealing, on the 15th of June, 2 bills of exchange for the payment and value of 1000l. each property of Charles Louis Napoleon Bonaparte, a Prince of Kingdom of France:
MESSRS. CLARKSON and BODKIN conducted Prosecution.
THE PRINCE CHARLES LOUIS NAPOLEON BONAPARTE. My name are Charles Louis Napoleon Bonaparte—I am a son of the late King of Holland—I reside at No. 3, King-street, St. James's. In the month of June last, in consequence of the non-arrival of a remittance from Florence, I was desirous of obtaining 2000l. for a temporary purpose—I communicated that wish to Mr. Orsi, who is acting as my secretary—on the 10th of June I received this letter by the post—(looking at it)—I saw the prisoner the day afterwards, and he told me he was the man that written to me the day before—(read—"Private—Cornhill, June 10th, 1847—Mr. Pollard presents respect to Prince Napolean, and Mr. P. will do himself the honour of calling upon the Prince to-morrow morning at twelve o'clock on private business. Prince Napolean.") On the following day he came to my house in King-street, and introduced himself as the writer of that letter—he was at that time a perfect stranger to me—he told that he had heard I wished to have some money; and that he had 2000l., 3000l., or 4000l. to offer if I wished it—I told him I was not quite sure that I should want it; that I was about selling out several shares in railways, which I had at that moment—I asked him how he knew I wanted money—his answer was that he was a man of business; that it was his business to procure money for noblemen; and if such was the case that they always came to him—I asked him about the terms, and he was to take five per cent.—I asked his address—he told me he was living at No. 10, Essex-street, Strand—I then told him to come back on the following Monday, that would be the 14th—he produced some stamps to me, and asked me to sign my name to them—I declined doing so—it was on that occasion that I asked him for his address—he gave it me and then left, arranging to come on the Monday following—he came on that day, the 14th, at twelve o'clock—he began to speak about the commercial crisis, and told me that money was very rare at that time—I told him if he did not like to finish the business I did not care about it—he said he had not altered his mind, and that he had the two bills in his pocket—he then produce two pieces of paper with writing on them—there was no writing on them on the first occasion—they were then blank.
HENRY CHOULER. I am a clerk to Messrs. Bush and Mullens, the prosecutor's attorneys. I produce a notice which I served on the prisoner yesterday—(this was a notice to produce two bills of 1000l. each, and a letter of the Prince, written on or about the 21st of June.)
THE PRINCE CHARLES LOUIS NAPOLEON BONAPARTE re-examined. The prisoner asked me to take a copy of the bills, and I did so—this is the copy I took—(read—"1000l., London, June 14th, 1847, two months after date pay to my order one thousand pounds for value received," addressed, "Prince Louis Napoleon Bonaparte, 3, King-street, St. James's-square," and the word "accepted")—the other one was just the same, neither of them had any drawer's name at that time—he then asked me to write the word "accepted," and my name under it—the word "accepted" was not on them when he produced them to me—he asked me to write "accepted," and my name; and direction on other side in the corner—my name was not on them when they were produced.
COURT. Q. Then all that was on them was, "Two months after date pay
to my order?" A. Yes—they were not directed to any one—he desired me to add the direction.
MR. BODKIN. Q. And then you wrote name as acceptor across, and your name and direction in the corner? A. Yes—when I had done that, the prisoner put his name as the drawer at the bottom of the bill, and in doing that, he told me that he was now responsible for the bills if I did not pay them—he then took the bills and put them into his pocket—he asked me how I would like to have the money—he left soon after—he was to bring me the money on the following day—I told him I would never consent that these bills should go out of his hands, and he promised me they should remain in his box until they became due—that was said on the last interview I had with him, on the Monday, the interview I have just been speaking of—I cannot remember whether that was said before I parted with the bills—it was before he left—he came again on the Thursday, the 15th, and told me that he was very sorry to disappoint me, but he could not bring the money—he spoke again of state of the money market, and said that he should lose 2000l. by selling stock—he gave that as a reason why he did not bring the money, and assured me I should have it on the Wednesday or Thursday following—I did not on that occasion intimate to him that if he could not do it he might decline it—I asked him to write on paper a promise to pay the money—I told him to write it, and left him in my room, and when I came back I found that he had written what appears on the upper part of this paper—I did not understand well what it meant—in consequence of that I wrote something, and asked him to copy it—he copied it—this is what he first wrote—(reads—"Pay the whole of money, shall be paid to-morrow or Thursday")—this is what he copied—(reads—"June 15th, 1847. I have received of the Prince Louis Napoleon two checks of 1,000 each, and I shall pay the money to-morrow or Thursday. Charles Pollard")—when I gave him that from. I requested him, as I was imperfectly acquainted with the English language, if there was any mistake in it, to rectify it—I used the word "check" in mistake, and he copied it—I do not recollect that anything else passed on that occasion—I did not see the prisoner any more till he was in custody—I never got the money—when I found that I heard nothing of the prisoner, I wrote to him, and afterwards went, accompanied by Mr. Orsi, to No. 10, Essex-street—I could not succeed in finding him.
COURT. Q. You never got the bills back, I presume? A. No, neither from him or any one else—I have never seen them since—I do not know is whose possession they are.
MR. BODKIN. Q. Did your Highness afterwards receive this letter by the post—(producing one)? A. Yes, I did.
Cross-examined by MR. HUMFREY. Q. I think your Highness said that when you told the prisoner that you would never consent to their going out of his hands, and he said they would remain in his strong box until they were due, you do not remember whether that was said before or after he was going away with the bills? A. No, I do not.
JOSEPH ORSI, ESQ. I have been recently performing the duty of private and confidential secretary to his Highness Prince Louis Napoleon—in conesquence of a communication that I had from his Highness, on his disappointment of the remittance from Florence, I went to a gentleman of my acquaintance in Arlington-street for the purpose of procuring a temporary lone—I had no acquaintance with the prisoner or any one that knew him, to my knowledge—I cannot say how it was that he became acquainted with the fact, or called
upon the Prince—in consequence of what the Prince described to me as having occurred, I went with him on the 19th of June to No. 10, Essex-street, to inquire after Mr. Pollard—I saw a servant girl there, who told me that Mr. Pollard was at home—when I went in she asked me who I was, and I said, "Mr. Orsi."—she went away, then returned, and said that Mr. Pollard was not at home—I called again on the 20th, and saw a Mrs. Lee—I went again on the following Monday, and saw Mrs. Lee again, and a person who represented herself as Mrs. Pollard—on neither of those occations did I succeed in seeing the prisoner—I never saw anything of him from that time till he was in custody—I called on Mr. Symons, of London-street, Fenchurch-street, on the 24th of June.
ANN M'CELELLAN. On the 19th and 20th of June I acted as servant at No. 10, Essex-street, Strand, when Mr. Orsi called, the Price was with him the first time—the prisoner was at home at that time—I told the Prince when he came, that I would go and see whether Mr. Pollard was at home—I came down and informed him that he was not, but I was instructed by Mrs. Pollard to say that, not by the prisoner—Mrs. Pollard was in the house at the time, dressing—Mr. Pollard was in the bed-room with her—he was in the same room in which she desired me to deny him—I should say it was about eleven o'clock, or between eleven and twelve.
ALEXANDER SYMONS. I am a wine-merchant, and live in London-street, Fenchurch-street. I have discounted bills occasionally for a friend—I did not know the prisoner before he called on me in June last—I had no acquaintance with him at all before the 25th of June—Mr. Orsi had called at my place some time before, and made a communication to me—the prisoner came to me in company with a person of the name of Watson, whom I had previously know—he had formerly represented a house of a friend of mine, in the wine trade—he had some knowledge of him—the prisoner said he had come to me to discount a bill of 1,000l. for him—I said if it was a genuine bill, and good one, I had no objection—he did not produce the bill—he made an appointment to call with the bill on the following day—he did not say why he could not show it me on that occasion—we discussed the terms—he said he had fully made up his mind when he came there to offer 75l. for the discount, talking the remainder in wine to make it 250.l, and 750.l by check—I think he said the bill was a two months' bill—they were to call on the following day—they did so, accompanied by another person, whom they represented to be a Mr. Smith—I had never seen him before—they then told me that the bill was Prince Louis Napoleon Bonaparte's that he has accepted it, and it was as good as a bank-note, and would be paid when it was due—Mr. Smith was represented as the personal friend of the Prince's, and he came there to prove the handwriting of the Prince if necessary, to satisfy me that it was a genuine bill; that the acceptance was in the Prince's handwriting—the bill was not produced on this second occasion—Smith said that the prisoner was rather too modest, that he should have named to me on the preceding day that the bill had been pawned by him (the prisoner) for 300.l,—he asked if I would proceed on with them in a cab to the Strand, and pay the 300.l to redeem the bill; and he recommended me to take the reminder of the money, 750.l, to hand over when I got the bill—I said that was not my mode of doing business, and declined it.
MR. HUMFREY, for the prisoner, submitted that these facts did not establish a case of larceny, the Prince haring at no time properly in, or possession
of, the bills in question, and that if he had, that he parted with any property that he might have had in them, for the purpose of receiving the 2,000l., intending that the prisoner should retain the actual possession of the bills until they became due.
MR. CLARKSON (with MR. BODKIN) contended that the Prince had a property in the bills; that they were only intrusted by him to the prisoner as his agent or servant, for the purpose of procuring the loan; in the same way as if he had given him a Bank note to get changed—and that the pawning or raising money on them by the prisoner. was evidence for the Jury of his intention fraudulently to possess himself of them in the first instance.
The COURT was of opinion that the prisoner's presenting the stamps to the Prince, upon which he drew the bill, gave the Prince a property in them; but that he parted with that property in order to obtain the money; (distinguishing the present case from that of a servant or agent intrusted with notes or bills for a specific purpose, such as to change or discount,) and that the frauduleal✗ intention of the prisoner could not affect that question.
The prisoner was accordingly
Cases referred to, Minter Hart, 6th Carrington and Payne, p. 607; Major Semple, 2nd Leach, p. 470; Aickle's, 1st Leach, p. 330; and Adam's case in Denison's Crown cases.
Before Mr. Justice Maule.
1674. RICHARD BRANDON was indicted for stealing, whilst employed in the Post-office, 13 post letters, the property of Her Majesty's Postmaster General.—2nd and 3rd COUNTS, for embezzling and secreting the said letters.— 4thCOUNT, for secreting the said letters for the purpose of cheating and defrauding Our Lady the Queen of the duties chargeable thereon.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WILLIAM BOKENHAM. I am superintending president of the Inland-office of the Post-office. I remember the arrival of the Indian mail on the 23rd of June—when the letters are taken out of the bags they are divided into fifteen divisions, numbered from one to fifteen—the person who so divide are on one side of what is called the sorters' table; and on the other side are the sorters, who have the letters given to them to sub-sort them into walks——there is a sub-sorter to each division—they have lines on a board in front indicating the particular walks composing the division; and as they sort the letters they place them end-ways against the walk in which they run—it is the duty of the sub-sorter, when they have accumulated sufficiently, to place a blank docket in front of the parcel, and to hand the letters so placed, to the teller, who is at a table close by—the teller ascertains the amount of postage charged on the letters, and enters on the docket the total amount—each of those parcels is called a charge—they are taken from the teller with the docket, which contains the total amount of the postage of each charge, into the adjoining office, called the letter-carriers' office—the docket is then handed to the check-clerk, and at the same time the letters are put into boxes or compartments—on the docket being handed to the check-clerk, the letter-carrier, who belongs to the walk, looks at the letters so brought, and tells to the check-clerk the amount of the postage on them without having any previous knowledge of the docket—the letter-carrier is then called to receive the
charge if it is St. Mary Axe charge for instance, they would call out, "St. Mary Axe," and the letter-carrier would go and receive the latter—the letter-carrier has no means whatever of knowing the amount on the docket—he tells up the amount of the postage, and calls it over to the check-clerk immediately; and if it corresponds with the amount mentioned in the docket, then the letters are put in the letter-carrier's box for delivery—if the amount which the letter-carrier makes, corresponds with the entry on the docket, the docket is handed to the letter-carrier by the check-clerk, and the carrier places his initial upon it and restores it; he then takes the letters away to his own place—the check is then complete, and the revenue has nothing further to do with it—all he has then to do, is to bring back the money for the letter; he then has to go to the charge-taker—letters sometimes get mis-sorted in the course of this process; but that is arranged before the latter-carrier leaves; and those having been mis-sorted to his walk, and not belonging to him, are taken off the amount of money charged against him by the charge-taker—if any belonging to him are brought from another walk, the amount of that postage is added to his by the charge-taker—the balance so struck is the sum he is to bring back to the Post-office—if any letters remain in his possession mis-sorted, he has to deliver them after completing his own delivery, and would be punished if he did not—the amount of postage of these letters would be included in the charge—the prisoner was a letter-carrier of the ninth division, in which the St. Mary Axe walk is, No. 96—Gallin is the sorter of the ninth division, which would be the next to No. 10, the division at which Thacker, who was tried yesterday, was placed—I did not see the prisoner at his duty on the day in question—as he was going out with his letters he was stopped by my direction, from a communication that had been made to me, and was taken into Mr. Kelly's office—I afterwards saw him in my private room—the letters that he had to deliver were produced—I do not know whether the postage was told up in his presence.
Cross-examined by MR. PAYNE. Q. Are you speaking of the morning or the mid-day duty? A. The mid-day duty, the letter-carriers are then in a different office—I should say there are three times more person engaged in the morning than at mid-day—the mid-day duty occurs every day—the Indian mail does not arrive every day—when the Indian mail is connected with the mid-day duty more exertion is required; but I should say there is not more bustle—letters are taken about from one to the other in the same way in the morning—there may be bustle on both occasions; but I think not more at mid-day than in the morning—if one person had nothing particular to do he would be employed in some way other—I have heard since that an inspector sometimes tells a letter-currier to put over a charge to the teller—there are seats or desks at which the letter-carriers sometimes leave their letters while they go to some other part of the place—they are sometimes left for a long time—if letters not properly belonging to that seat are put on it, that could only be corrected by the letter-carrier sorting his letters—the seat is only a small desk for the letter-carrier to arrange his letters on—he cannot get his letters for his walk until they have been previously charged by the teller—when he gets them he frequently lays them down on his seat or desk, and goes away—if any other letters were put there in his absence he could only ascertain that by sorting the letters were put there finding, when he went to deliver them, that he had more.
COURT. Q. Does that sometimes happen? A. No he must leave his
place or letters occasionally to fetch his second or third charge—if his letters are completely made up. it would be barely possible that he might leave them even then, being called by the president, or go for a registered letter, or for some purpose or other—he sets the letters himself—he commences sorting his letters as soon as he receives his first charge—he cannot finish it till he has got them all—he then should go out for delivery—a certain time is allowed, and then a bell rings.
MR. PAYNE. Q. When the bell rings, he must go at once? A. Yes, whether he has times to sort his letters or not—after going out he would not be able to set right any mistake till next day—at the time the prisoner was called into Mr. Kelly's room, two clerks reported to me that they had told his letters up—I heard that Mr. Cook, the inspector, had also told them up, and Mr. Brodie afterwards—Mr. Brodie and Mr. Cook made a difference in the amount of their telling, but I do not know what—when I found they differed, I requested Mr. Brodie to be very particular, and also told another clerk to take it—the telling is a mental operation—it is a very rapid business—when they amount to 1l., they are put up together, and the odd pence are carried on to the next—it is written down to help the recollection—it is all matter of recollection until they come to the end—Mr. Cook is not here, that I am aware of—Mr. Brodie will be able to state how much the difference was between him and Mr. Cook—he told me the difference, but what it was I do not know—there is a paper called the president's docket, on which allowances are made and charges added—if there were more or fewer letters than there ought to be in a man's possession, he would come next day and explain it, and it would be set right in the president's paper of next day; but I never heard of such a transaction—if you are charged 2s. too much, you take it back to the letter-carrier, and he will take it to the president, and he will allow you 2s. on the dockt—if any mistake does occur, it must be corrected next day on the president's paper; but I never heard of one—if a man carried out more letters than he ought, and came back and said, "I have carried out more," that would be correct.
COURT. Q. If some person, with a wicked motive, put some letters on a man's desk, inducing him to believe they were there before, and he went away with them, it must be set right by the president's paper? A. Undoubtedly—the man would come to the president, and say, "I received 15s. more than my charge yesterday; I had some letters put by some person, with an evil design, on my desk, and here are the 15s.," that would be the way in which it would be set right—they must have been letters not charged, or else the other person who put them there would have it, or else the revenue would get 15s. more than it ought—I never heard of such a circumstance in my experience, and I sometimes have to attend to these president's papers.
MR. PAYNE. Q. The Indian mail letters would require a smaller number to make up an amount, than common letters? A. Undoubtedly—the lowest charge is 1s. 10d.—there were some twopenny letters—they were inland letters which he had to deliver as well—I have seen Indian letters charged 100l. or 200l., which a man could carry out with ease, or 500l.—it need not be very large—the French post charge by the quarter of an ounce weight.
MR. BODKIN. Q. Supposing when the letter-carrier comes, and tells up the amount of postage on the letters he is to deliver, and the sum he calls out does not correspond with what the check-clerk has on the docket, what is done? A. Another clerk is called to re-tell those letters, and to decide between them—if he makes the amount the same as the latter-carrier, that amount is taken; if it is the same as the teller, the teller's amount is taken.
COURT Q. If neither one or the other is taken? A. Then it is gone through again, and when two calculations agree, it is taken—supposing the teller is 4l., and the clerk at the counter 4l. 10s., and the clerk called in 4l. 6s., he would count them up till he made it either 4l. 10s. or 4l. 6s.—he would ascertain what the right amount was, and so alter the docket—that would be settled before the letters were taken away by the letter-carrier—the re-teller would alter the docket, and the check-clerk his book, before the letters are allowed to leave.
MR. BODKIN. Q Then the effect would be, that the letter-carrier would only be charged with the sum that the inspector found was the proper sum? A. Yes—if the carrier had 1l. worth of letters more than was counted in his charge, there must have been a mistake in the first place made in the amount by the teller and letter-carrier, or some person must have put the letters there to make him a present of 1l., that he would get by the postage.
EDWARD CHURCHILL. On the 23rd of June I was acting as a teller at the General Post Office, when the Indian mail was being sorted—I remember telling up the amount of postage for the ninth division—I sent it in in the usual way, with the docket containing the amount—this is the docket—the amount is 5l. 7s. 8d—it is the docket for walk No. 96—I believe that was the first charge—it has the letter A at the top.
Cross-examined. Q. Can you tell how many letters that would contain? A No, I cannot.
JOHN HINTON. I was acting as teller on the 23rd of June, when the Indian mail arrived—I told one of the charges for No. 96 walk, ninth division—this is the docket—the amount is 4l. 16s. 3d.—that docket would be sent, with the letters to which it refers, to the letter-carriers' office.
COURT. Q. What letters are on the top of it? A. It is a private mark, (B)—I do not know who made it—it does not mean that it was the second charge for the day.
Cross-examined. Q. I believe it is impossible to say who the person is that takes the letters and docket away after you have told them up; is it a messenger sometimes? A. Generally speaking, there is a person employed for the purpose—I cannot say who took these letters—it would be the duty of the messenger to take them, and put them into the letter-carrier's box; and the letter-carrier, when called, would go and find the letters there—he has nothing to do with putting them into the box.
THOMAS TURNER. I was acting as teller on the 23rd of June, at the General Post Office—I made up a charge for the ninth division, the St. Mary Axe walk—it amounted to 1l. 6s. 0d.—that docket went, with the letters to which it refers, to the letter-carriers' office.
WILLIAN HILLMER. On the arrival of the Indian mail, on the 23rd of June last, I acted as check-clerk in the letter-carriers' office—the three Charges on that day for the St. Mary Axe district, No. 96, were 5l. 7s. 8d., 4l. 16s. 3d. and 1l. 6s.—it would be the course of the office to call for the carrier of the St. Mary Axe district, to receive his calculation of these three charges—on that occasion I received a calculation of the letter-carrier for that district—it corresponded with these three sums—he reported the amounts right, and I cast them up—they came to 11l. 9s. 11d.—I know they agree, by looking at the initials, and by this paper too—they all three bear the letter-carrier's initials, signifying that they are perfect—the initials look like W.B.—they are in pencil, and are done very fast.
Cross-examined. Q. Are the figures denoting the postage on the letters
done very fast too? A. It is done quickly—it depends on the experience of the officer—they are written with considerable rapidity—is done generally thirty or forty yards from where they are told—there is no mark put on them at the places where they come from—the clerk who taxes the postage puts a mark on them corresponding with the sum to be paid.
MR. BOKENHAM re-examined. There are several clerks called taxing-clerk.
WILLIAM HILLMER re-examined. The first operation is putting the postage on—it is done sometimes badly and sometimes clearly—an experienced officer would do it more leisurely—they sometimes flourish, and make 1s. 10d. look like 2s. 8d.
MR. CLARKSON. Q. The course of the office is, that the letter-carrier comes to you, casts up the amount of the three parcels of letters that he is to carry, and gives you from his own mouth the amount? A. That is right—he gives the amount of each charge separately, the result of his own calculation.
THOMAS BENWELL. On the 23rd of June I was charge-taker of the ninth division—this is my book, the amount of charge to the carrier to the St. Mary Axe walk on that day, No.96, is 11l. 9s. 11d.—I do not know what it consists of—I only take the sum total in the book—I take it from documents he produces to me—if there has been any mis-sorting, it would be set to rights in this book—there was on that day 9s. 6d. mis-sorted to the St. Mary Axe walk—that was taken off his amount—there were letters for other walks that were mis-sorted there—they amounted to 3d. and 2s. 3d.—I subtracted 3d. and 2s. 3d. and allowed him 9s. 6d.—that is done with the letter-carrier just before he leaves of the purpose of delivering his letters—he has generally got his letters set for delivery before he comes to me, as many as he can get set at the time.
COURT. Q. How is it done? A. The mis-sorted letters are brought to me, I tell them up to see if the amount is correct, and allow it to him in this book—I keep them myself, and throw them off into the different walks they belong to—those that come from others to him, I deliver to him after entering the amount in this book—he checks the amount of the letters himself.
Cross-examined. Q. And supposing the bell to ring directly after that, he would be obliged to go away, whether he had had time to sort them or not? A. He would.
COURT. Q. We sometimes see a postman sorting as he goes along? A. It is a very inconvenient way.
MR. PAYNE. Q. You have known instances where they have been obliged to go into a public-house to get it done? A. I have heard of it.
JAMES BRODIE. I was on duty on the 23rd of June last, and saw the prisoner in Mr. Kelly's room, after the duty had been performed—I think it was then close on three o'clock—I cannot state the time exactly—I asked the prisoner for his letters, and he pointed to some lying on the table—I transferred them to another table, and told up the postage—I think I told them three times—I made the amount, after the third telling, 12l. 12s. 8d.—I made it that amount twice—I did not make it the same in the first instance—I think it might be a few shillings different—I did not at that time mention the amount to the prisoner—I asked for his amount of charges—he produced this paper—the amount of his charges appears here to be 11l. 2s. 11d., which I took down at the time—it shows the allowance and additions, as
well as the amount of three charges—he produced it to me as being the amount of his charges—I then stated to Mr. Bokenham the difference, and he desired me to have the prisoner brought into his private room—if he had gone away with the letters that were produced to me as his, he would have had the opportunity of putting 1l. 9s. 9d., the difference, into his pocket—when he got into Mr. Bokenham's room, he was called on to explain how he got possession of the difference in postage—he said be could not account for it; that he did not know that he had any surplus of letters in his possession—he might have said something about somebody putting letters on his table—I am not quite certain—the letters were all for hi walk—a list of the letters was afterwards made out by myself, and two of the inspectors—there were eighty-one letters and sixty-five newspapers—the postage of those amounted to 12l. 12s. 8d.—sixty-eight of the letters and fifty of newspapers would amount to 11l. 2s. 11d.—I believe they all belong to his walk—thirteen letters and fifteen newspapers would be left—1l. 9s. 9d. would be postage of those—newspapers are charged.
COURT. Q. Do you know what was the highest amount of any charge? A. (referring to the list) There is 13s. 6d. on one letter, none higher than that—be was taken into custody.
MR. PAYNE. Q. Will you explain any difference that there was in the calculation between you and Mr. Cook? A. Mr. Cook was telling the letters when I entered the room, and he reported an amount to me which I think was about 1l. less than I eventually made them—I instantly stated the case to Mr. Bokenham—Mr. Cook had told me then he had made about 10s. difference between Brandan's telling and his—this was before I had asked Brandan for his amount—that induced me to do so—I did not hear from Mr. Cook whether he had competed his calculation—I went to Mr. Bekenham, and told him the circumstances.
COURT. Q. Did you and Mr. Cook go over the counting again? A. No, we did not—I did it myself; but I afterwards understood from Cook that he had not told the whole of the letters—that was after the prisoner had been stopped.
THOMAS BURGESS COOK. I am in employment of the post-office, as an assistant-inspector. I remember the prisoner being detained as he was going out of the letters on the 23rd of June—I was requested to tell the charge of those letters, and they were put down on my desk—I told a portion of them, and mentioned the amount to Mr. Brodie—I forgot the amount now—I had not told the whole of them—when I found Mr. Brodie was telling the charge I took no more notice of it—I left it to him—there was one bundle I had not told—I had told him the amount I had made, supposing he would add the untied bundle to it—the bundle I told was 10s. and some odd pence more than Brandan had made the whole of the letters amount to—I think I counted four bundles—I am not positive—there were four or five altogether—I counted all but one, and made it 10s. more than Brandan had made it.
RICHARD GALLIN. On the 23rd of June I was acting as a sub-sorter for the 9th division, sorting the letters that arrived by the Indian mail—I remember the prisoner being on duty that day as a letter-carrier of walk No. 96, the St. Mary Axe walk—I sorted the letters, and handed them to the teller in the usual way—I think the teller's table was five or six feet from me—I had occasion several times at the commencement of the duty to leave the table for
a minute or two—the duty began at half-past eleven o'clock, or twenty minutes to twelve—the man Thacker was at my right—on the investigation of these matters, the authorities of the Post-office thought fit to suspend me and I have since been restored.
COURT. Q. While you were at your table could any one have taken letter without your knowing it? A. No; if letters were taken it must have been while I was a way—I went away four or five times during the first ten minutes of the duty to collect letters from the other sorters, the general sorters—I collect all the letters belonging to the 9th division—last time I left was ten minutes after the commencement of the duty—I should think I had sorted a good many letters in that time, and I should say there was a considerable number for the St. Mary Axe walk—there might be as many as thirteen letters taken away—they might have been taken away and I not miss them—when I sort the letters I stand them on end, so that a person could get hold of them—we have fourteen walks—the letters that we have to sort are laid before us on the table—we sort them, and put them up against a ledge before us—if a person took away thirteen letters off the 96th walk, he must have taken them after they were sorted by me, or else he must have taken the trouble of standing and sorting them—that would be sure to attract notice—if a man took them without my knowledge it must have been after I had sorted them—we go or sorting the letters till they get rather inconvenient, and then we hand them to a teller—thirteen or fourteen letters would not be missed from a large charge—I have nothing to do with newspapers.
MR. BODKIN. Q. Some newspapers come by the Indian mail, and have postage charged on them? A. Yes—I did not sort them that day.
JOHN PLAYLE. I am an assistant inspector of letter-carriers, and was or duty on the 23rd of June in the Inland-office—I cannot myself speak as to any duty which the prisoner had to perform that day in the Inland-office—whether he had any or not I do not know—I saw him there shortly after twelve o'clock—I say him pass down behind the sorters Thacker and Gallin—Thacker was sorter of the tenth division, and Gallin of the ninth—he apappeared to be walking slowly as if having nothing to do—he made a very slight halt behind Gallin—that was shortly after twelve o'clock—Gallin was there sorting—the sorting had been going on about half on hour—perhaps it took nearly an hour altogether—I was not watching the prisoner—I merely observed this—I did not notice whether Gallin left his sorting-table after this,
COURT. Q. Who had divisions No 7 and 8 that day? A. I cannot say—a messenger generally collects the letters for the sub-sorter, but if a sorter is not supplied he would go himself for them.
Cross-examined. Q. How long has the prisoner been in the Post-office? A. About thirteen years.
WILLIS CLARE. I am an assistant inspector of letter-carriers. On the 23rd of June, at the time the letters which arrived by the Indian-mail were being sorted, the prisoner had no duty or business to be in the Inland-office.
Cross-examined. Q. Has it not been the practice for him to be in the Inland-office, to take stamped letters from the openers of bags to the stampers? A. Not for the Indian mail, nor for other letters at the time the Indian mail is in—his duty at the mid-day mail is, after the Indian mail is disposed of, to put the paid letters over—it is not duty to go out with the Indian mail—he goes out with the mid-day letters, which is after the Indian mail is
over—it would be his duty to assist in the mid-day mail—that would take place when the mid-day mail arrived—it arrived soon after the Indian mail on the day in question—it does not always do so, but the letters arriving by the Indian mail are sorted at one end of the office, and those arriving by the mid-day mail at the other—when the mid-day mail commences, his regular duty would be to take letters from the openers of bags to the stampers.
(Mr. George Lawrence, merchant, Bury-court, St. Mary Axe, who had known the prisoner ten years, deposed to his good character.)
GUILTY on the 4th Count. Aged 40.— Transported for Seven Years.
Before Mr. Justice Maule.
MR. PLATT conducted the Prosecution. MR. MELLER and MR. METCALFE. defended the Prisoners.
MR. PLATT offered on evidence.
NEW COURT.—Friday, July 9th, 1847.
PRESENT—Mr. Alderman WILSON; Sir WILLIAM MAGNAY, Bart., Alderman; and EDWARD BULLOCK, Esq.
Jury, before Edward Bullock, Esq.
1679. SAMUEL CLOUD was indicted for feloniously breaking and entering the dwelling-house of James Joseph Clarence, at St. George, Hanover-square, on the 28th of May, and stealing therein 1 watch, value 1l.; 1 seal and chain, 12s.; 2 brooches, 30s.; 2 pair of ear-rings, 12s.; 6 rings, 6l; 1 locket, 3s.; and 1 brequet-chain, 6d., his property; and HENRY ADAMS for feloniously harbouring the said Samuel Cloud, well knowing him to have committed the said felony: also for receiving 1 watch and 2 rings, part of the said goods, well knowing them to have been stolen; and THOMAS HODGSON for feloniously receiving 1 seal and chain, part of the said goods, well knowing the same to have been stolen.
MESSRS. PARRY and METCALFE conducted the Prosecution.
JAMES JOSEPH CLARENCE. I am a greengrocer, and live at No. 27, Elizabeth-street. Eaton-square, Pimlico—Cloud was in my service, and stopped with me a fortnight after the robbery. On the 28th of May I was called down at eight o'clock in the morning—I found the kitchen window was open, and a table which stood near it had been moved; a box which was there had been unlocked, and a small pasteboard box, which contained jewellery, was gone—the key of the box had been in the table-drawer the night before, where it has been always kept; and the box had been in the same place these four years—I had been sleeping there myself till recently—I found my clothes all thrown on the ground, the drawers all open, and every thing disturbed
and confused; and the head and foot of the bed were turned up-there is a trap grating over the area, and that was lifted up—I did not keep it fastened—it could be opened by anybody, and when anybody got into the area, they could get in at the kitchen window—I do not know whether the window was shut on the over night—Cloud did not sleep on my premises—he left about nine in the evening—I do not know what time he came the morning—I was not up till eight—I sent Cloud for a policeman—he returnes without one—I waited a quarter of an hour or twenty minutes, and I sent him again—he then returned with one this brooch is mine—it was gives me by Stanford, and he told me where I should find the locket—here is the mark where the pin was broken—the gold was broken out, and I had a small plate put to it—it is a very old brooch—it is not for the worth of it that I prize it—it had a glass in it, and a piece of hair—this is my locket, and chain and key—here is the reminder of the chain which I was wearing at the time—I value all the property I missed at 14l.—it cost me a great deal more—I could have got 14l. for it if I had wanted to part with it—I found the locket at Mrs. Hughan's—I had seen my box safe on the day before the robbery—I kept my cash there, and had occasion to go to it that day—these things are part of the jewellery I had there.
Cross-examined by MR. O'BRIAN. Q. How long had Cloud been in your service? A. Two months this last time, and he was with me three or four months, two years ago—he lived at no great distance from me—a fortnight after this occurrence I charged him with the robbery—he had left my service then—a fortnight's notice had been given—I went to his mother, and asked how he was, for he had left me, and said he was not well—he came to my place after a good deal of sending for, about nine o'clock in the evening, on a Friday, a fortnight after the robbery, and I gave him in charge.
ROBERT HUGHAN (a prisoner.) I am under sentence of transportation. I was in Mr. Stanford's service—I know the prisoner Cloud, (whom they call Bloss) and Adams—I have seen them both at Mr. Stanford's dining-rooms—I cannot recollect the month nor the day of the month—it was one Sunday, a fortnight after Mr. Clarence's robbery—I met Cloud and Adams outside Mr. Stanford's door—I went out for a walk for about an hour and a half, and they went with me—I came back, and after I came back, they came into Mr. Stanford's dining-room in Queen-street, Pimlico, where I was servant—Cloud showed me a silver watch, two thick gold rings, and a gold ring with a diamond in it—I know it was a diamond, because I marked one of my master's beer-glasses with it, out of which the prisoners were drinking—they had had a pint of ale immediately before that—I went up stairs to answer the bell, and when I came down they were gone—Cloud had before given me a brass locket, and shown me the back of a brooch, and I gave him 6d. for it—the glass or stone had been taken out of it—I gave him 6d. for it about three days before they went to the dining-rooms, and on the day before that, he gave me the locket—Adams was there on the Sunday, but he was not there when Cloud gave me the locket and showed me the brooch—I have known the prisoner Hodgson for years—I have never seen him with Cloud—they live near each other, on the same terrace—I dare say at times we have all been altogether—Cloud said that he meant to take his master's things away, about two months before it happened I do not know when he went into his master's service—he said on the Sunday, when he came and showed me the things, that he had taken them from his master—I have not seen him since that Sunday—he went away, and took the things with him—he
said his master suspected me of doing it—he did not say in what way his master thought it was done.
Cross-examined by MR. O'BRIAN. Q. Mr. Clarence was not the only one who suspected you, I believe there was a strong suspicion of you before last sessions? A. No—my master suspected me, and had me taken up for stealing a silver watch—I was convicted and transported—that was the first time I ever was guilty of anything or changed with anything—I was never in any difficulty before, or in any trouble—I had been with my master one month—his shop had been opened one month—I found the watch in the bed-room—I have sister, I have not given her a locket, I gave it to my mother—I did not give my brother anything—I gave the locket and brooch to my mother; she took them to Mr. Stanford on the Sunday—I heard of Mr. Clarence's robbery on the Saturday—he lives about five minutes' walk from where I live—I have been there twice within the last two months on errands for my master—I have told what I knew of this transactions since I have been convicted—I was curious, and wanted to see what a diamond could do, and marked the glass in my master's place—I had the brooch and locket from Cloud about the Tuesday before—I did not then know that they were taken from Mr. Clarence—these are the brooch and locket—I did not ask Cloud any questions about the locket—he handed it to me, and I took it—I did not know at all where it came from, till the Sunday, if I had, I would not have taken it, and given it to my mother—I would not have taken it if I had known it had been stolen—Cloud had told me about two months before the robbery, what he would do to his master—there was no one but Adams with Cloud on the Sunday—my master's house is well frequented on Sundays—a good many people are there taking dinners and taking ale—I was attending there that day—these things were brought out openly—there were no persons in the next box to us—the people were up stairs, we were down stairs—there were no persons down stairs then—my mistress was in the bar which looks into the room—the watch and three rings were brought out—I looked at them—I had served Cloud with a pint of ale that day—Cloud had told me outside the house, where the watch and rings had been got—I had no suspicion of anything of the kind till I was told—I think it was on the Tuesday after that Sunday that I gave my mother the locket and brooch—I did not think when I heard of the robbery that the brooch and locket had anything to do with it—I do not know what became of the watch—I have no knowledge whatever where it is—I gave sixpence for the brooch, and nothing for the locket—I gave nothing for handling the ring, and marking my master's glass—I took my master's watch on the Friday after that—I never said a word about this, till after I was convicted and transported.
Cross-examined by MR. PRENDERGAST. Q. You never saw Hodgson with Cloud at all? A. No—we were all living together in the same neighbour-hood—I know Hodgson by his keeping a shop, I went there on errands for my mother—he has been working at Mr. Jackson's, a builder, since he let his shop, at hard labouring work—I never knew him doing anything else but getting his living by hard work.
JAMES JOSEPH CLARENCE re-examined. The article I lost were a silver watch, with a platina chain and key attached to it—the watch was put away on account of the glass being broken—there were two large rings, one was a signet ring, and the other had J. J. C. on it; two diamond rings, two wedding rings, and two sets of ear-rings.
Cross-examined by MR. WILLETT. Q. Had you any suspicion of Adams?
A. No, I had no suspicion of any one—Adams had lived with me two years ago—I always found him an honest lad.
NOAH STANFORD. I keep an eating-house in Queen-street, Pimlico Hughan was in my service—he was convicted, and transported for stealing a watch of mine—after he was convicted his sister gave me this locket and brooch now produced, thinking they were mine, but not being mine I returned the locket, and kept the brooch—when Mr. Clarence came I showed the brooch to him; he identified it as his—I received the brooch and locket about a fortnight after Mr. Clarence's robbery—I had seen Cloud before that—he had been at my house on the Sunday before, and another lad with him, who I believe was Adams, but I am not positive—he was then in a different dress—I could not swear it was him—I drew the ale for them, and Robert took it to them, and two glasses—after they were gone I observed the two glasses had been cut all the way round—it must have been with a diamond of some sort—I am quite sure that they were the glasses they had had—I examined them after they were gone.
Cross-examined by MR. O'BRIEN. Q. When was your watch taken? A. On Friday, the 11th of June, and on the Sunday before, I had seen these parties together—I had heard of Mr. Clarence's robbery at that time—it was not talked of much—I know Mr. Clarence by being there, and he told me of it—I heard of it about a week before my robbery—Hughan had been in my service about a month—my watch was taken from under the pillow in my bedroom—Hughan always slept in the kitchen of my house—I had never seen Cloud in my life; they were at my house twice on that Sunday—they were there between four and five o'clock, that was when the glasses were cut, and again in the evening, when they were accused of cutting the glasses, which they denied—they were all three there, my boy, and Cloud, and Adams—I heard them in the box talking.
MR. METCALFE. Q. Do you believe Adams to be the boy? A. I do; but being in a different dress I could not swear to him.
JURY. Q. Could you see what was going on in the box? A. No, they could cut the glass and show the watch without my seeing them.
HANNAH HUGHAN. I am the mother of Robert Hughan, who has been examined—he brought a locked and brooch to me—he gave them me one Sunday morning—I cannot tell the day—it was in May, or the early part of June—my daughter told me he had brought them to the house several days before—I sent them to Mr. Stanford's as soon as I heard of his being robbed—he kept the brooch and sent me back the locket—I gave it up to Mr. Clarence.
Cross-examined by MR. O'BRIEN. Q. Sunday was the 30th pf May, cannot you call to your recollection that it was on that day your son gave them to you? A. I cannot tell the day—it was on a Sunday—it might be in the early part of June—he told me that he had the locket given him, and that he bought the brooch for 6d.; he did not tell me of whom—I had asked him before, and I had asked all my boys to buy me a brooch.
JOSEPH NOTLEY. I am a general salesman. I live in Grosvenor-place—I know Robert Hughan and Cloud—Hughan came and asked me the value of this brooch, Cloud was with him—I do not think Hughan offered the brooch for sale—I told him it was not worth above 1s.
Cross-examined by MR. O'BRIEN. Q. What time was this? A. I would not swear whether it was on Monday or Tuesday—I think it was on a Monday, about the 7th or 8th of June, Hughan sold me a watch, and at the time of the
robbery I produced it—it was not owned by anybody, I have it still—I gave him 13s. for it—I know it to be his own watch—he had it in his pocket with a guard which he had bought of me three weeks before—I knew him when he went to his place—he bought a shirt of me, and some aprons.
HENRY AYLING. I am pot-man at the Red Lion, in Ebury-street. I know the prisoner Hodgson by his using the house, and by his working for Mr. Jackson—on the 17th of June, between twelve and one o'clock, he offered me this seal and chain for sale—he said he had picked them up in Hyde-park, that he had been bid 4s. for them, and I was to have them for 5s.—my father came in to dinner the same day, and I gave him them to pawn—Hodgson sold them to me for 4s.—I paid him half-a-crown, and I was to pay him the difference on the Saturday.
Cross-examined by MR. PRENDERGAST. Q. You are servant to Mr. Hampton, just by Mr. Jackson's, the great builder? A. It is not far from it—Mr. Jackson's men resort there, and Hodgson is one of them—I have known him fifteen months—all that time he has been in Mr. Jackson's employ—he has been a hard-working, honest man—I know nothing against him—everybody speaks well of him—I know James Mahoney, he works at Mr. Jackson's—I do not know whether Mahoney is here to-day—this seal and chain were offered of me in the tap-room on the public-house—the people were going out at the time—everybody could see what was going on—Hodgson made no secret of difficulty about it—it was on a Thursday that he told me he had found it in Hyde-park on the Sunday before—I gave 4s. for it, and pawned it for 3s.—I was no judge of such things, and I sent my father to see if it was gold.
Cross-examined by MR. PRENDERGAST. Q. I t looks as if it were worth 4s. or 5s.? A. Yes—the chain is silver and gold, platina—the seal is good gold.
ROBERT M'KENZIE (police-sergeant B 5.) I apprehended the prisoner Cloud on the 17th of June—I told him it was for being concerned in a robbery, at his master's house, on the 28th of May—I showed him the brooch and locket, and said he had been offering them for sale—he said he had not himself been offering them for sale, but Robert Hugham had offered them, and he was with him—I mentioned the circumstance of his being in the eating-house with two others, and told him the ale glasses out of which they were drinking were cut—he said it was not him that cut the glasses, it was Robert Hughan, and that the subject of the robbery had been introduced by Buck Anthony (I did not then know who he meant)—he said he had received the watch and the diamond rings from Buck Anthony, and had given them to Robert Hughan—he also stated that he had been drawn innocently into it by the others—I apprehended Hodgson—on the way to the station, I asked him how he came in possession of the seal and chain—he said he found them in Hyde-park, on the Sunday morning previous—it was on Saturday, the 19th of June, that I took him—the Sunday before must have been the 13th of June—he said he was walking across the park, by himself, between nine and ten o'clock in the morning, and he found the seal and chain lying on the grass, near a plantation, about 500 yards from the
Stanhope-gate—I inquired which gate he went in at—he said, "At knightsbridge"—I have since examined the park between the two gates—there is not a plantation near the footpath—the distance from one gate to the other is about 300 yards—I apprehended Adams, I told him what he was charged with—he said he knew nothing about it, and if justice was done to him, he was innocent of the charge.
Cross-examined by MR. O'BRIEN. Q. Where did you apprehend cloud! A. In his master's shop—Mr. and Mrs. Clarence were in the shop the greater part of the time, and during part of the conversation—I showed Cloud the locket and brooch, and told him he had been seen exhibiting them for sale—I knew they had come from Hughan's sister—I did not tell Cloud that—no one told me that he had been exhibiting the locket for sale, but he had the brooch—I did not think it was a lie for me to tell him he had been seen exhibiting these two articles—I exhibited the brooch with the locket—I did not exhibit them to him for the purpose of getting anything out of him—I had previously cautioned him—if he chose to make a statement it was my duty to hear it—I showed him them that he might make a statement respecting them—I was at his mother's a week, or a few days after he was apprehended—I went there to search his boxes if he had any—I found nothing at all—I understood him to mean by his being drawn into it, that he had received the watch from one person who was present, and had given it into the hands of another.
Cross-examined by MR. PRENDERGAST. Q. You apprehended Hodgson at the Sun public-house, Commercial-road, Pimlico, just by Mr. Jackson's gate? A. Yes, that is the house Mr. Jackson's men frequent—Hodgson told me he had some money to receive there—I went back with him, and saw him receive it—he said it was of one Mahoney that he had been doing a job for—he said he and Mahoney had been unloading a vessel at Blackwall—he said he was going over Hyde-park to see Mahoney, to talk about the job that they were going to do on the Monday—ha said he had been unloading the vessel on Monday, Tuesday, and Wednesday—he told me that he found these things about five hundred yards from the Stanhope-gate—there is not a plantation about five hundred yards from the Stanhope-gate in the way he described.
MR. METCALFE. Q. Do you know where Mahoney lives? A. No—Hodgson said he went across the park to see him.
COURT. Q. Do you know this Buck Anthony? A. I have since heard it is Adams.
MR. O'BRIEN to MR. CLARENCE. Q. This brooch was not in the same condition when you lost it, that it is in now? A. No, it had hair in it—this locket had hair in it—I have no doubt of their being mine—these and this seal are the only articles that have been found.
1679. JOHANN GOTTFRIED BRAUN was indicted for burglariously breaking and entering the dwelling-house of Adolphus Lipman, about two in the night of the 3rd of July, in the liberty of the Tower, with intent to steal, and stealing therein 1 coat, value 35s.; 1 waistcoat, 4s.; 14 handkerchiefs, 1l.; 1 watch, 30s.; 1 purse 11s.; 1 ring, 25s.; 1 watch-guard, 10s.; 1 watch-key, 1s. 3 foreign coins, 7s. 5d.; 1 half-crown, and 2 sixpences; his property.
(The prisoner, being a foreigner, had the evidence communicated to him by an interpreter.)
ADOLPHUS LIPMAN. I am an outfitter, and live in St. George's-street, in the liberty of the Tower—it is my dwelling-house—it is in the parish of St. John, Wapping. On the evening of Saturday, the 3rd of July, I went to bed at half-past ten o'clock—I was the last person up—I fastened the house up—I was called down by my sister the next morning about half-past seven—I found one pane cut out of the parlour window leading to the shop—I looked through, and saw the desk on the ground, and broken open—the door was locked—I opened the door which leads from the parlour to the shop, the place was all in confusion—I suppose a person had got in by the staircase window—the window was open in the morning—there is a shed outside that window—I saw marks on the wall outside and inside, and I saw foot-marks on a piece of cloth which laid on another piece in the shop—the shop had been broken open—a knife laid close to the door by which the door had been opened—I missed two silver watches, and one gold one—they had been safe in the desk the night before, when I shut up—I missed a pearl purse with English and foreign money in it—two of the drawers were open, and a waistcoat was gone—I missed two pieces of silk handkerchiefs and some shirts—I cannot say how many—this is the coat, waistcoat, and handkerchiefs—they are mine and were in the shop—this is one of the silver—watches and the purse, I know to be mine—here is some of the money—there was some gold in it, but that is out—I know this gold ring—this is mine—these little articles were missed out of the desk, and the others out of the drawers—I missed a piece of beef out of the safe.
GEORGE NICHOLL (police-constable H 99.) I apprehended the prisoner—I afterwards went to a tailor's in Cutler-street—I produce these handkerchief, this blue coat, and this waistcoat,; I also produce a single handkerchief, which was in the prisoner's pocket at the station.
HENRICH WILHELM (through an interpreter.) I am a tailor, and live at No. 3, Culter-street. On Sunday morning, the 4th of July, about seven o'clock, the prisoner came to me for a new suit of clothes—he gave me three half-crowns—he left this blue coat and these silk handkerchief with me—he was eating a piece of meat which he had with him—he had a cup of coffee and bread and butter with me; and told me to cut off two handkerchief, one for him and one for myself.
JOSIAH CHAPMAN (police-constable H 124.) I went with Mr. Lipman to No.1, Bridgman-alley, Leman-street. On the night of the 4th of July, Mary Smith, who keeps the house, gave me this silver watch and guardcahin, and this purse, which has some foreign coins in it, a half-crown and a sixpence.
MARY SMITH (through an interpreter.) I keep the house, No. 1, Bridgman-alley. The prisoner came there last Sunday morning about nine o'clock, he saw Mary Ann Simmons there—after he was gone Simmons gave me this watch and purse.
MARY ANN SIMMONS. I live with Mrs. Smith. On the morning of the 4th of July, about, nine o'clock, the prisoner came there—another young man came at the same time—the other young man looked out of the window, and said, "Here is a policeman coming"—the prisoner got off the bed, where he was—he took this silver watch, and guard, and purse out of his pocket and put them into my lap, he said, "Take care of these till I come back again; I will come back directly"—he went off—I gave them to Mrs. Smith.
HENRY JEWEL. I live next door to the prosecutor. Between one and two o'clock last Sunday morning, I heard a noise like knocking or breaking—I opened the window twice and looked out—I did not see anything. I shut the window and then I heard something like cracking—I did not know what it was—I could not see anybody—I heard some person speak in a language I could not understand—I told the prosecutor in the morning.
Prisoner's Defence. I bought these things at six o'clock on Sunday morning, except the money which was in the purse; I bought the coat, and waistcoat, and pocket-handkerchiefs of a person who had several other things for sale; he offered the garments for twelve florins, which is about 19s.; and the handkerchiefs for six florins, which is about 9s. 6d.
GUILTY.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Edward bullock, Esq.
GUILTY. Aged 14.— Confined Two Months.
Before Mr. Common Sergeant.
GUILTY. Aged 22.— Confined One year.
Before Mr. Common Serjeant.
1682. WILLIAM TULLET, GEORGE JOHNSON , and JOHN MORRIS , were indicted for stealing 8 iron wedges, value 6s.; 11 iron bolts, 7s.; 1 copper bolt, 7s.; 1 copper clamp, 1s.; and 168lbs. weight of iron 6s.; the goods of the General Steam Navigation Company, from a wharf adjacent to the navigable river Thames.
MR. BODKIN conducted the Prosecution.
JAMES JONES (Thames police-constable, No 29.) On the 23rd June last, about three o'clock in the morning, I was on duty with inspector Maddox, in a police galley on the Thames, near Deptford-creek—there is slip there to go up to the wharf of the General Steam Navigation Company which is some distance up the creek—I saw a steamer, called the Venezuela, lying alongside the wharf, high
and dry, aground, as it was low water—I observed a small boat lying underneath her starboard quarter, between the wharf and the vessel and saw the three prisoners underneath the paddle-wheel of the steamer—in consequence of that, I and my companions went on board a vessel there, called the Little Western—Mr. Maddox went with me, but he returned—I remained on board the Little Western, which gave me a view right up the creek—I saw the three prisoners come away from under the paddle-wheel, walk through the mud up the slip till they got to high water; and I then lost sight of them, as there is a turn in the slip—I saw them again within five minutes—they then returned, each with property in their arms—(they had nothing when they went up)—it appeared to be very heavy—I cannot tell what is was—they proceeded directly to the boat I had observed laying there, and chucked the property into—after that Johnson handed a kettle out of the boat to Tullet who got into the mud alongside, and kettledfifteen or sixteen kettles of mud into the boat; and after that they chucked the kettle into the mud, where they had put then property, they stopped till the tide made in so as to float their boat, they then came and rowed out of the creek—we then went alongside of them—Maddox asked what they had in the boat—they said, "Iron"—I said, "Have you no copper?"—Johnson said, "None at all"—I put my arm in down to my elbow, and pulled up a bar of copper out of the boat—they were all three in the boat—I asked them what it was—Morris said it was iron—I said, "How do you know that?"—he said, "I know it is iron"—I said, "It is copper"—he made use of a very bad word, and said, "Who would have thought it was copper?"—I scraped the mud off to show that it was copper—they said they had picked it up—I put my arm down again, and fetched up a copper clamp—I took possession of the boat, and took the prisoners into custody—I produce the property—there is about 2 cwt altogether—this is the copper bolt that came out first—two of the wedges out of the eight have the navigation mark.
Morris. We picked it out of the mud.
JOSEPH BEARDMORE. I am managing-engineer to the General Steam Navigation Company. The slip leading to Deptford-creek, goes up to the wharf belonging to the Company, and is the Company's property—on the morning in question, there was property of this description belonging to the Company on the wharf—I have examined this—it is of the kind and description that was on the wharf at the time—here are some pieces that bear the marks of the Company—the Company make their screws and nuts themselves, and they are not the subjects of sale—I recognize these as screws and nuts made by the Company, on their premises—they are not taken away, except for the purposes of repair, on board ships—I know the three prisoners very well—they have been in the habit of coming alongside, and about the wharf, for three years—Johnson was once in the Company's employment for about eighteen months, and knows the place very well.
TULLENT— GUILTY. Aged 20.
JOHNSON— GUILTY. Aged 17.
MORRIS— GUILTY. Aged 15.
Confined Four Months.
HARRIET CRACKNELL. I am the wife of Simeon Cracknell, a baker, of the Broadway, Deptford. On the 22nd of June, between three and four o'clock in the afternoon, I found that my till was gone—it was safe twenty minutes
or half an hour before—it contained farthings and halfpence—the till produced is mine, and the key also.
ROBERT SCRIVENER. On Tuesday afternoon, the 22nd of June, I was standing at my father's door, near Mr. Cracknell's shop, and saw the three prisoners run past our shop—they had a till with them—as soon as they saw the policeman they put down—I picked it up and gave it to the lady.
Brown's Defence. Johnson asked me to take a walk, and he picked up the till.
Johnson's Defence. I am innocent of stealing it; Neal ran to see what it was; I picked it up, and gave it to Brown directly.
BROWN— GUILTY. Aged 18.
JOHNSON— GUILTY. Aged 17.
NEAL— GUILTY Aged 14.
Confined Six Months.
1685. THOMAS FINCH was again indicted for stealing 4 pair of boots, value 22s.; the goods of Thomas William Peacock, his master, and SARAH BEAVAN for feloniously receiving the same, well knowing them to have been stolen, against the Statue, &c.; and that BEAVAN had been before convicted of felony; to which
FINCH pleaded GUILTY. Aged 42.— Confined One Year.
SAMUEL ASHWELL FOWLER. I am foreman to Mr. Thomas William Peacock. The prisoner Finch was in his employ—we have lost four pairs of boots—this pair produced are his—I apprehended the female prisoner with them—this pair of cloth boots are also my master's.
GEORGE WILSON (police-constable 19.) I went to Beavan's house, and asked her if she had pledged the articles—she said she had, and had received them from Finch—two days afterwards I went to her again, and asked her if she had pledged any more—she said she had not, nor disposed of any—I showed her a pair of blucher boots—she said "Oh, yes, I recollect selling them to Mrs. Parks; I forgot"—the following day I found the cloth boots at Callow's—I asked her about them—she said she had received them from Finch.
suit me—she asked if they would suit any of my customers—I told her she might leave them, and I would sell them if I could, and if not she was to take them back again.
Beavan's Defence. I am innocent of stealing them; I did not know but that they were Finch's property.
WILLIAM BRUCE (police-constable R 336.) I produce a certificate of the prisoner Sarah Beavan's former conviction—(read—Convicted Sept., 1845, and confined three months)—she is the person so tried and convicted.
BEAVAN— GUILTY. Aged 58.— Confined One Year.
(There was another indictment against the prisoner Beavan.)
ELEANOR WELLS. I am a widow, and live in Hog-lane, Greenwich—the prisoner lodged with me and slept with me—she made my beds on Tuesday, or Wednesday last, the 15th of June—she used to have the key of my bed-room—when she went out she gave me the key, and when I went out I gave her the key—on that day I was washing, and never had the key from her—I missed the property stated—I have seen since the blanket, my baby's things, and a pocket—these produced are them, and all what I have missed.
Prisoner. Q. You promised to be merciful to me? A. I did, if you would tell me the truth about the thing—I thought it was a heavy loss to lose all my things.
ELIZABETH PERRING. I produce three blankets and two curtains, which the prisoner brought to my shop on the 15th of June—she gave her name as Mary Andrews—she said she was living at Mrs. Dixon's, in Spring-gardens, Greenwich, and that the property belonged to herself—I bought them, and booked them immediately.
Prisoner's Defence. I was persuaded by a woman who took me out and gave me something to drink, and my head was so bad I did not know what I was doing; I never did anything of the kind before in my life; she persuaded me to sell things, and put them in another name, and I should not come to any harm; I had been there four months.
GUILTY. Aged 43.— Confined Three Months.
HANNAH GILBERT. I am a widow, and live at 3, Princes-street, Woolwich. About three o'clock on the morning of the 18th of June, I was awoke by a policeman—I went down to my pigsty, and found that my pig was gone—I have seen it since, and can swear to it.
DAVID PEMBERLEY (policeman.) I was on duty about three o'clock on the 18th of June, and saw the prisoner in the back garden of Mrs. Gilbert—I saw him go to the sty. and take therefrom a small pig—he took it out of the garden in his arms—I followed, and took him into custody with it—I showed the pig to Mrs. Gilbert.
Prisoner Q. Had I the pig my possession when you came to me? A. You had when I followed you, but when you saw me coming, you dropped it in my presence.
Prisoner's Defence. I was on the road, and on my way past this gate, the policeman charged me with taking a pig away; I never was off the road.
GUILTY. Aged 40.— Confined Six Months.
GUILTY. Aged 22.— Confined Two Months.
Before Edward, Esq.
GUILTY. Aged 28.— Confined Four Months.
1691. JOSIAN MILSTEAD was indicted for stealing 1 ring, value 14s.; 3 shirt-studs, 18s.; and 1 watch-key, 10s.: also I crown, 1 half-crown, 2 shillings, and 1 sixpence: also 1 sovereign, 1 half-crown, 2 shillings, and I sixpence: also 1 half-sovereign, 1 crown, 1 half-crown, 2 shillings, and 1 sixpence; the goods of Thomas Pacey Birts, his master; to all of which he pleaded
GUILTY. Aged 19.— Transported for Seven Years.
GUILTY. Aged 44.— Confined Four Months.
Before Mr. Common Serjeant.
Cross-examined by MR. PARNELL. Q. Have you any partner? A. No—Mr. Davey is my landlord—he has no interest in my business—he keeps a wholesale house—I deal with him—the prisoner had been with me since the 3rd of April; I have four persons besides in my shop—I found a large quantity of gloves which had been worn, and out of them I found these four pairs, which belong t me—the prisoner acknowledged taking these—it is not the custom in my house for young men to take goods and put the money into the till—that has not been the custom in any shop that I have been in—I have been a linen-draper twenty-four years, and never knew it to be the case—if he wanted a pair of gloves he would be served by a person in the shop—if he paid for them, they would put the money into the till—if he did not pay, an account would be taken—I keep my accounts myself—I do not take an account of every article that is sold, it would be impossible—when this pair was missed, I made inquiry if any one had sold any white kid gloves—I had eight pairs of them in my shop—these were missed on April 24th.
Cross-examined. Q. Did you say to him, "It would be best for you to confess all?" A. No, certainly not—I did not say, "If you do so, they may remand you for a week or so, and then you will get off"—I said nothing of the kind—I merely asked him where he got these gloves—he said he had taken them out of his master's shop without his knowledge.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy by the Jury and Prosecutor.— Confined Three Months (There was another indictment against the prisoner.)
SARAH WATTS. I am a widow, and live in Wellington-street, Woolwich. About six o'clock on the evening of the 19th of June, the prisoner came into my shop and asked for change for a half-sovereign—he kept the half-sovereign in his hand till I put the change down, a half-crown, seven shillings, one groat, and two pence; and at the moment he took the change he gave me this token in my hand and went quickly out of the shop—I knocked at the window, but he took no notice; he must have heard me, for he was just opposite the pane—I ran round to go after him, but he had disappeared—I went to the door, and a young man said he was in a closet in a yard—I went and called him to give me the change—he made no answer.
JAMES LYALL. On the 19th of June I was in the kitchen—a man called me up, and said there was something the matter—I went up into the yard, and saw Mrs. Watts asking some one who was in the water-closet to come out and give her her change—I tried the door, it was bolted—I sent for a policeman—the prisoner then reached his band up and said, "Here is the money"—I took it from his hand, and it was the changes Mrs. Watts had given him—he then wanted to come out, but I put my foot against the door, and said, "You would not come out when I wanted you, you shall not now"—the policeman came and took him
GUILTY. Aged 20.— Confined Six Months.
Before Mr. Common Serjeant.
JAMES BUNTON (policeman.) On the night of the 21st of June I was in Union-street, and saw the prisoner with this mass of lead which I produce, tied up in this handkerchief—I saw him go into a marine-store dealer's shop—I asked him how he came by it—he said he had brought it from his master's, and that he worked at St. John's Church—I took him into custody—it corresponds with a quantity in the church-yard.
JOHN FRANCIS BOULTING. I am an ironmonger and live in Union-street—the prisoner was in my employ. I am contractor to St. John's Church—I have lost some lead, and believe this to be mine—I have no doubt about it whatever.
GUILTY. Aged 20.— Confined Three Months.
Before Edward Bullock, Esq.
MESSRS. SCRIVEN and CLERKE conducted the Prosecution.
ZILLAH WITHEY. I am the wife of Thomas Withey, a butcher, in Pagodaterrace, Bermondsey. On the 10th of June the prisoner came for a pound of beef-sausages, which came to 4 1/2d.—she tendered me a five-shilling piece—I thought it was not a good one, and gave it to my husband, who was in the
parlour—he came out, and said he did not think it was good, he would go and have it weighed; but, instead of that, he went for a policeman—the prisoner waited in the shop some minutes, and she said, "Your husband is a long time gone"—she walked out, and did not ask for her change—my husband came back when she was gone—he marked the crown, and put it into a drawer—I was his side—I saw the prisoner on the Wednesday morning following—I recognized her immediately—I have no doubt she is the same person.
THOMAS WITHEY. On the 10th of June I was sitting in the parlour, which was partly shut—my wife came and gave me a crown-piece—I came into the shop, and saw the prisoner—I said, "I will go and get change"—I went for a policeman, but, not seeing one, I returned—the prisoner was then gone, and had left the sausages on the counter—I am confident the prisoner is the person—I gave the crown to my wife, I saw her mark it, and lock it up in a drawer—I had got several bad shillings, and one bad crown, which I had taken some time before.
JOHN WHITLAMB (police-constable M 89.) On the 16th of June I called on Mrs. Withey—she gave me this marked crown—she went with me to the Police-court, and identified the prisoner as she stood in the dock, as the woman who passed it.
Prisoner. Q. Did you mark it before you gave it to your husband? A. No, when he came back—he had gone away.
MARY CLARK. I am servant to Mr. Duckett, a dairyman, at Bermondsey. On the 15th of June, about nine o'clock in the evening, the prisoner came for a pint of milk—it came to 2d.—she gave a crown-piece—I took it to Mr. Vice, to get it changed—he sounded it, marked it, gave it back to me, and said it was bad—I took it back, and gave it into Mr. Duckett's hand—the prisoner was standing at the door—he asked her where she had got it, and where she lived—she said she got it in change for a sovereign on Saturday night, but she did not know where—she said she lived just across the way—they said they would go and see where; and when she got across, she said she lived in Falcon-court, in the Borough—this crown was in my hand till it was marked by Mr. Vice.
Prisoner. She came back, with some silver in her hand. Witness. Yes—Mr. Vice said the crown was a bad one, but I might as well take some small silver in my hand—he did not give me that for change.
MARK VICE. On the 15th of June, about nine o'clock in the evening, Clark came with a counterfeit crown, wishing for change—I tried to bite it, and could not, it was very hard; I took a pair of shop scissors, and scratched it on the head-part—I said, "Put this in one hand, and I will give you the change in your other hand"—she went away with it—the crown was brought back again the same evening, by Grubb, to be weighed—I weighed it, and gave it to Priest, the officer.
JAMES DUCKETT. Mary Clark is in my service. On the 15th of June she gave me a crown-piece—I sent Grubb with it to Mr. Vice—I followed Grubb directly—the prisoner was still there, she did not go away—the policeman was coming on duty, and I gave the prisoner into custody.
GUILTY. Aged 24— Confined Twelve Months.
JOSEPH HENRY GRAY BARKER. I am a book-keeper, and live in Wyndham-street, Camberwell. On the 18th of June, a little after twelve o'clock at night, I was going through the gate, opposite the Horns, to cross Kennington-common—the prisoner came through immediately after me, and caught hold of me—I tried to get away—her arm was over my shoulder, and her hand passed under my waistcoat to find if there was anything there—I walked I suppose 100 paces, endeavouring to get rid of her, and she was pulling me about—all of a sudden she ceased, and I was surprised to see her go away so suddenly—I turned, and saw the policeman coming towards me—he told me to put my hand in my pocket, which I did, and I found two shillings had been abstracted from my purse—the purse was in my pocket, but it was not in the way I keep it—I always draw the rings down on the silver, but the rings were then in the centre, and the money was gone—I had had the money in the purse twenty minutes or a quarter of an hour before—I had stopped no where—I was perfectly sober—I am sure the prisoner is the person.
JAMES HEAD (police-sergeant 85.) I was on duty at Kennigtoncommon at twelve o'clock that night—I saw the prosecutor and the prisoner scuffling together—I heard the prosecutor tell her several times to go away—I saw them part—I told the prosecutor to see whether he had lost anything—he put his hand into his pocket and said it was all right, but he pulled out his purse and said he had lost his money—I took the prisoner into custody about twenty yards off—she said the prosecutor promised her a shilling, and had not given it to her—as I was going to the station I asked her what money she had got—she said 3s. that a gentleman had given her at a house—she then went on, and said she had got 2s. and some halfpence—I noticed her putting her hand under her clothes—I caught her hand, and a shilling fell from her—she then put her hand in her bosom and took out twopence.
Prisoner's Defence. The officer told me to stop, and he called the prosecutor and asked him if he had lost anything—he said, "No"—then he pulled out his purse and said he had lost 3s.; then he said half-a-crown, and then 2s.—the officer said, "Will you give this woman in charge?"—he said, "Yes" and the officer took me—he said, "Have you any money?"—I said, "Yes, one shilling and twopence;" he said, "I am glad I have got you, if I have half a chance I will transport you"—it is a spite he has against me.
EDWIN HODGE. I am ten years old. I work for Mr. Wilcoxon, a paper-stainer, at Stone's-end, in the Borough—the prisoner was employed there—on Thursday, the 24th of June, about six o'clock, the prisoner was in the warchouse, and I saw him take a bundle of about twenty pieces of
paper that was in the warehouse, and go out with it—I gave information—I should know the paper if I saw it—this is a pattern of it.
JAMES WILLIAMS. I am warehouseman of Mr. Athur Wilcoxon he has one partner. Hodge spoke to me—I examined the warehouse, and missed twenty pieces of paper of this pattern—I had seen the paper safe the same morning—the prisoner came to work next morning, and was given into custody—he was questioned about the papers, and he said he knew nothing about them—they were the property of Mr. Wilcoxon and his partner—the prisoner had no order to take paper out at that time—he went without leave—he had been ordered to take some paper out about half past three o'clock—the shopman can give him orders to take out paper as well as I can—the shopman is not here—we did not know what pattern it was till we spoke to Hodge, and then we missed it.
Prisoner. Q. Did you not say there were nineteen pieces missed? A. No, I did not know that the paper was missing till the Friday morning, when we came to examine.
LOUISA PERRY. I live with my father in Red Cross-street. On Thursday evening, the 24th of June, about six o'clock, I saw the prisoner standing at the broker's shop opposite to us—he asked me to go to the play with him—he had about two pieces of paper done up in brown paper in his hand—he went away—he came back in about three-quarters of an hour, and stood there again—he asked me again, and I, and my sisters, and another young girl, went to the play with him—he had two box tickets—he had nothing in his hand when he came back.
Prisoner. Q. Was there any writing on the bundle I had? A. I did not see any—you did not mention where you were going to take it.
Prisoner's Defence. They say that I took this property at half-past six, and at a quarter to seven I had this small parcel, which was going to a person in the New Inn, Old Bailey, opposite here; there were persons who saw me with the small bundle, and writing on it.
JAMES WILLIAMS re-examined. He was sent at half-past three with three pieces to take to the New Inn, Old Bailey—that was not the same paper as this—here is the delivery note, which was given him—he was back in the warehouse by six o'clock.
GEORGE TRUSSELL. I am a labourer. On the 9th of June, about four o'clock in the afternoon, I was passing by St. Andrew's-terrace, Waterloo-road—I saw the prisoner—she asked me whether I would go home with her—I went with her to No. 5, St. Andrew's-terrace—I gave her 2s., which was her demand, and some gin—when I had been there about twenty minutes, she put her hand into my right-hand waistcoat-pocket, and took half-a-crown out—I had my frock on—I wanted the half-crown from her—I saw it in her hand, and asked her for it, and tried to get it back—I did not get it—she said she would not give it me—she went up stairs—I followed her to the front room on the first-floor—there was another female in that room, laying on the bed—I asked for the money again—the prisoner would not give it me—she came down stairs—I followed her, and asked for the money—she wanted
to turn me out, and would not give me the money—she called out for the other girl, who was up stairs, who came, and a young man also—the prisoner struck me over the legs with a pair of tongs, and the other woman struck me over the head with a poker—they knocked me about so that I did not know where I was—when I came to my senses, I was outside the house—I did not have my half-crown—I was taken to the hospital, and had my head dressed.
Cross-examined by MR. PAYNE. Q. Where do you work? A. At the water-side, for Mr. Mark Brown, who lands tallow—I live in Mint-street, in the Borough—I had been drinking but very trifling—I had two shillings, a sixpence, and a half-crown—I do not know how much I had spent in drink before I went with the prisoner—I suppose about a shilling—I did not leave my home before three o'clock—I had disposed of a shilling's worth of drink before I met the prisoner—when I went with her, I sent for 6d. worth of gin—it did not get into my head—I knew what I was doing—I was taken to the priosner's house—I saw her in the Waterloo-road—I had nothing to do with the prisoner—she put her hand into my pocket, and got the half-crown out—there was a little love between us—I paid her 2s.—I did not want them back again—I did not try to get them back again, only my half-crown—I did not want the other young woman to have something to do with me—I ran down to the parlour after the prisoner—I did not break open the parlour-door—I did not say, "I will break all your b—y crockery"—I did not strike the prisoner on the breast and the eye—I was not flourishing a poker before a pier-glass when the other young woman came—I had no poker—I am thirty, years of age—I am not married—I pay 1s. 9d. a-week for my lodging, 3d. a night—I took hold of the prisoner's wrist, and tried to get the money out of her hand, and she got the best of me, and ran up stairs—she was strong enough to get away from me when I had hold of her wrist—I saw the edge of the half-crown in her hand—she did not exactly close her hand—before I went to the prisoner's place, I had been to the corner of the Mint-gate, and had some beer—I did not have any spirits but at the prisoner's—I do not know whether I smelt very strongly of spirits when the policeman found me—I was quite peaceable when the prisoner ran up stairs—I did not knock her about the head, nor strike he at all—there were some images which I broke, I do not know how—my elbow caught them as I was coming out—St. Andrew's-terrace is in Waterloo-road—it is an open place—the prisoner's house is No. 5, five doors from Waterloo-road—there is only one row of houses—I did not call out "Murder," and bring all the people in the neighbourhood—I swept down the crockery in trying to escape—I do not know where the person is who hit me with the poker.
COURT. Q. After you were hit, you became insensible? A. Yes—I did not know where I was, nor how I got out of the house.
WILLIAM DIBBIN (police-constable P 113.) On Wednesday, the 9th of June, I was called to No. 5, St. Andrew's-terrace, Waterloo-road—I found the prosecutor lying outside the door on the footpath, with his head bleeding very much—I saw a wound—I tried to raise him—he was not able to stand—I sent for a surgeon—he came, and washed his head, and strapped it up—another constable came, and we raised him up in a chair—the other constable rapped nine or ten times at the door of No. 5—he went in, and brought out the prisoner, and four other persons—by that time the prosecutor had come to his senses, and he pointed out the prisoner as the one that struck him with the tongs—I took her to the station—the other constable took Trussell to the hospital—he appeared as if he had been drinking—I cannot say whether his insensibility was from drink or not.
Cross-examined. Q. Did his breath smell of spirits?A. Yes—I found him in the street, between four and five o'clock—it was in broad day-light—Policemen pass up and down that street—it is not on our division, but I was called to go there by a little boy who lives at the house No. 5—he said there were two women beating a man, and he wanted me to come and take them.
JOHN THOMAS (Police-constable L 58.) On the 9th of June I was called to St. Andrew's-terrace—I saw he prosecutor sitting in a chair, in the street, opposite the door of No. 5—he was bleeding from a severe wound in the head—I knocked at the door ten or a dozen times—it was then opened—I found the prisoner, and three or four other females—when I brought the prisoner out, the prosecutor identified her, and said she was the one who struck him—the prisoner said she did not strike him with the poker—he told the Magistrate next day that the prisoner had taken the half-crown out of his right-hand waistcoat pocket, and she denied it.
Cross-examined. Q. He never accused her as being the person that struck him on the head with the poker. A. No—I found 2s. upon her—she appeared to have been drinking a little—the prosecutor appeared to smell of liquor—I saw some images in the parlour which were broken—the people said the next day that he broke all their images, and the prosecutor told the Magistrate that the prisoner took half-a-crown out of his pocket.
CLARK pleaded GUILTY. Aged 23.— Transported for Seven Years.
MR. ROBINSON conducted the prosecution.
JOEL SPILLER. I live in Lombard-street, Battersea, and am an engineer—I have a factory there—there are steps at one corner of my premises, down to the river, and a garden, which is slightly fenced off—there is then a boilershop, and beyond it is the place where my old iron is pilled up—the proper way to go from the steps to where the iron is piled up, would be through the boiler-house, but if the boiler-house were locked up, the only way would be to get over the fence, and to go through the garden—I bad entrusted my keys to police-sergeant Read, in consequence of my premises being robbed several times. On the night of the 23rd of June, while I was at supper. I heard a noise in front of my house—I left the table, and went through the garden on to the steam-boats which laid at the bottom of the garden—I looked up the river, and saw three men—the two nearest me appeared to be struggling, and I saw one who appeared to be wading through the water—I saw Steadman, the officer, he had the prisoner Clark in custody—I found Read in an awkward position, hanging by the steam-boat—he cried, in a low voice, "Help, help, Mr. Spiller; I am in the water!"—he was hanging by his hands to the gunwale of the steam-boat, with his legs in the water—I rescued him, and he went after the prisoners—I returned to my premises, and after the affray was over, I saw that some iron had been taken from the stock, a portion of it was round about the steps leading down to the water, and there was a basket with some iron in it on the top of the steps—the basket did not belongs to me, but the iron in it did—I believe it to be mine—I know that the stock was diminished in size, and the iron bars appeared to be the same—the officers took possession of it—I did not weight it, but according to the weight given to me, it was worth about 25s.—later in the evening I saw, in the boat
which had drifted from under the officer Read, a portion of iron, about 4cwt.—that was iron bars of the same description—I should have thought about half a ton of iron was taken away—what was found amounted to 8cwt., 1qr., and 19lbs.
WILLIAM READ (police-sergeant V 18.) I received Mr. Spiller's Keys—on the evening of the 23rd of June I entered his premises with Steadman—I saw a boat, with the prisoners and another man in it, row up the river, and immediately return—the men landed at the steps leading to Mr. Spiller's—I went into the boiler-house, and saw two men, six or seven times, carry something heavy on their shoulders, and lay it down at the fence, and the last time there were three men carrying loads on their shoulders—they got over the fence, and began to load the boat with bars of iron—when they had loaded a quantity, I and Steadman rushed out and tried to seize them—I struck Langford as I was on the top of the steps, just over the water—he rolled over the boat into the river—I jumped into the boat, and tried to seize him, but he sprang away out of my reach—the other man who was in the boat first, made a fair spring out of the boat into the river—Langford called out to throw the b----r overboard—I have not the least doubt that Langford is the man, I have seen him frequently in Lambeth; I saw him go by the boiling-house five or six times, and when I came out, he was just in the gateway—I had a fair view of him—I took charge of the boat which I first saw drifting down—I got on another boat and took that—it contained 3cwt. or 4cwt. of iron—the iron I found on the steps and in the boat was 8cwt. 1qr. 19lbs.
Cross-examined by MR. HORRY. Q. You have seen many other persons in Lambeth? A. Yes; a great many hundreds and thousands—the third man swam away—he had come into the garden—he then went into the boat, and the other two men handed the iron from the shore to him—I may have seen that third man at Lambeth—I may have seen him up the river—he is not in custody, and I do not wish it to be known whether I know him—if he knew that, he would keep out of my way—I have looked for him in Lambeth and several places—I have not seen him—very likely I might know him if I saw him—I might be mistaken—this took place at night—it was a clear moonlight night—I saw the man who is not custody, and one of the others, carrying the iron six or seven times—I waited till they began to load the boat—I was in the boiler-house, close to the steps, on the same side of the wall as the men were—there is a small door to the boiler-house—I was looking out of the house at them—they passed close to me, not above half-a-dozen yards from me—you go down a little way to get to the river—when I got there I struck at Langford, and then what I have stated took place.
COURT. Q. Where did you strike Langford? A. On the head.
JAMES STEADMAN (police-constable V 317.) On the night of the 23rd of June I went on Mr. Spiller's premises—I went into the boiler-house—I found Sergeant Read there—I saw the three men in the boat—I heard the footsteps of three men coming by the boiler-house—they laid down something which appeared to be heavy by the side of the fence—after hearing it some time I went to the top of the stairs—I saw Read strike Langford on the head—I saw Langford on the stairs and in the boat—I have no doubt he is the man—I had seen him before and knew his person—I followed Read to the steps—I caught Clark, and Langford escaped—he took a direction towards Wandsworth.
Cross-examined. Q. That is the person that fell in the water? Yes; I
did not ask anybody afterwards whether that was Langford or not—one of my brother-officers did not say to me, "Was not that Langford?"—I will swear that I and my brother-officers have not talked about this case—not a syllable—I went to the station and before the Magistrate, and came here, and have not exchanged a word about it.
JAMES PARRATT (police-constable V 71.) On the 24th of June, at half-past one o'clock in the morning, I was by the side of the water, at Wandsworth—I saw Langford walking towards a steam-boat which was lying there—he called out to a fisherman to give him a cast down—I immediately walked down to see who he was, before he got on board; and while I was so doing, he walked into the water and got on to a dummy that was floating in the water—the water there was about up to his chest—I went to the edge of the water and said. "You are very fond of wading, young man!"—he said, "It won't hurt me; I have been in the water once to-night"—I said, "How did that happen?"—he said, "I was knocked off a barge with a tiller, in going under Putney-bridge"—I asked him what barge it was, and the captain's name—he said it was a Rochester barge, and the captain's name was Dunn—I talked to him for some little time, and told him I wanted to speak to him—he said, "You can speak to me here"—I said "Yes; but I want you here to speak to me"—he said, "If you want me, come and fetch me"—I said I should not do that, I should keep there—by that time the fishing-boat came up—I told the people not to take him, as I wanted him there to speak to me—however the boat came, and he jumped into it—I called to them to bring him to me, but they would not—I kept calling—they rowed on—they then said something in a low voice that I could not hear, and they put him on the dummy—he got from the dummy and came a little nearer to me, and said, "You can see me now"—I said I could not says as much to him as I wanted to do—he then jumped into the water, and swam some distance towards London, away from me—when he got there the water was running very fast, and he called out, "Jem, Jem, I am going down; pick me up"—the fishing-boat rowed back and took him up and put him where he could stand—he came at last on shore, and I took him to the watch-house—Steadman was there—I said to the sergeant, "I have brought this young man here on suspicion"—Stead-man looked round and said, "That is one of the men"—he pulled off Langford's hat put his hand to his head, and said, "You have had a smartish knock," or a "tidy knock," or something of that kind, and he smiled—Langford was pulling his wet clothes off, and said, "You seem to laugh; you would not laugh, if you had been there, and had such a knock as I had."
Cross-examined. Q. Did you make any inquiry whether there is such a boat, of which Mr. Dunn is the master or captain? A. I have made none—I believe it has been made.
(Langford received a good character.)
LANGFORD— GUILTY Aged 20.— Confined Nine Months.
Before Mr. Common Sergeant.
she went away I missed a shawl—this is it—I did not give her authority to pawn it—I did not know she was gone, till I got up—I met her afterwards in Lower Marsh, Lambeth—I asked her for the duplicate—she said she had not seen me or the shawl either—she hit me five or six times—I then called the police, and then she hit me again.
Prisoner. You gave it me pawn; I gave you 9d. out of the 1s. 6d., and the ticket; and you told me if I did not give it you back you would call a policeman; and you hit me, and screamed for a policeman. Witness. I deny it—I did not give it you to pawn.
GEORGE WADMORE (police-constable L 105.) I produce a certificate of the prisoner's former conviction at Newington, by the name of Mary Ann Harding—(read—Convicted 6th of Feb., 1842, and confined twenty-one days solitary)—the prisoner is the person.
GUILTY.† Aged 19.— Transported for Seven Years.
CHARLOTTE POTTS. I am single. On the 18th of June I was walking in the Wandsworth-road—I had in my pocket a half-crown, a shilling, four sixpences, and a fourpenny-piece—I heard some one on my right side—I looked, and saw some money fall, and saw Bishop picking up some—the prisoner was at my side—he was nearest to me—Bishop asked me if I knew that I had had my pocket picked—I said, "No"—she said the prisoner had picked my pocket—I searched, and found that a shilling, four sixpences, and a fourpenny-piece were gone—the prisoner ran away—we ran after him—he was stopped by a policeman.
Cross-examined by MR. PAYNE. Q. How far was he stopped from the place where Bishop spoke to you? A. He was stopped in Lyon-street, about a quarter of a mile from where Bishop spoke to me—it was between four and five o'clock—there were two or three persons passing—Lyon-street turns out of another street, out of the Walworth-road—you turn down Prospect-place, and then turn again to Lyon-street—I did not lose sight of the prisoner—I saw him run till he was stopped, I am quite sure of that—the prisoner began to run directly he heard Bishop tell me he had picked my pocket—I did not stop to pick up the money—I and Bishop ran off.
HARRIET BISHOP. I live in St. George's-place, Bermondsey. I was walking behind Charlotte Potts—I saw the prisoner step up by her side, put his hand into her pocket, and turn the money out—a young man and a boy picked up some—I picked up two sixpences and a 4d. piece—I told Miss Potts—the prisoner ran off—we ran after him, and never lost sight of him.
Cross-examined. Q. How far is the place where he was stopped from the place where you picked up the money? A. I cannot tell—he ran a good distance before he turned into Prospect-place—I was not so far from him as I am from you now, when he turned—the prosecutrix was before me—I saw him turn out of Prospect-place into Lyon-street—there was nobody running between him and us, I am quite sure, and he did not get out of my sight—I saw him put his hand into the prosecutrix's pocket, and take some money out—he locked her in the face while he did it.
Prisoner. Q. Were there no men running after me? A. There were men running after you, but you were not out of my sight—there was no man between us—you are the same person, I am positive.
GEORGE QUENNEAR (police-constable P 201.) I produce a certificate of the prisoner's former conviction at Newington, by the name of William Hewelt—(read—Convicted 23rd of July, 1846, confined three months, and whipped)—the prisoner is the person.
GUILTY. Aged 18.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
LITHFIELD BINKES. I am a pianoforte-maker, and live in the Old Kent-road—the prisoner has been in my service upwards of two years. On the 13th of May he had work to do—he left me, and gave no notice—in consequence of his leaving, I made inquiry—I was shown a pianoforte by John Dudbridge's wife—it was partly made of veneer, which I am able to say was my property—I had not sold it.
Cross-examined by MR. PAYNE. Q. Is it here? A. No, I should have been very glad to have got it—no portion of my veneer is here, nor any of the pianoforte—the veneer had not been sold by me—on other person had any right to sell it—it was worth 10s.—when the prisoner left, he had jobs in hand.
MR. BALLANTINE. Q. What is the reason the veneer is not here? A. It is on the pianoforte—I could not get it or I could have brought wood from my own premises to match it—I have been in business about twenty years.
JOHN DUBRIDGE. I am a pianoforte maker, and live in the Kent-road. I know the prisoner—in the early part of May I purchased a pianoforte case of him for 8l.—it is what is termed a mahogany case—it is partly veneer and partly mahogany—Mr. Binkes came to me to ask me to give up the pianoforte, but the Magistrate told me not—I know the prisoner as a journeyman to Mr. Binkes—Little has seen the pianoforte—I was in Mr. Binkes's employ some years back.
Cross-examined. Q. Is it not the practice of persons who are in employ to have time of their own, and to employ themselves? A. Yes—Mr. Binkes wanted to take pianoforte away from me—I never refused to have a part of it brought here—a part might have been brought here if demanded—I have known the prisoner from five to seven years—he has a wife and five children—they have been in the Union since this—I never knew anything against the prisoner—I am a grocer and cheesemonger—he has dealt with me for the last two years, and paid me honourably—he was in arrears for rent about the time he went away from Mr. Binkes.
MR. BALLANTINE. Q. Did you ask him where he got this from? A. No, I gave him money as he wanted it, to purchase it—I gave him 3l. in cash and nearly another 1l. in goods, to get the materials to work on—I did not know Mr. Binkes had veneer of this kind—I worked for him for six years—most pianoforte makers have veneer—it did not occur to me that this could be Mr. Binkes—I did not think at all about it—I do not know where the prisoner purchased it.
Prisoner. Q. He saw the bill, and saw the name on the bill? A. I saw the bill, I do not remember seeing the name.
ARCHIBALD LITTLE. I have been journeyman to Mr. Binkes nearly four years—I have been in the business about twenty years—I have seen the pianoforte that Mr. Dudbidge has got—I have seen the veneers on it—I know them to be my master's property—I have not the smallest doubt of it—all the veneer is his except the veneer in front, that I cannot be positive about—Mr. Binkes does not allow his men to work for themselves, all the men know that perfectly well—Mr. Dudbridge keeps a grocer's shop in the Kent-road, twenty or thirty yards from Mr. Binkes' premises.
JURY. Q. Are the men not allowed to work over hours. A. Yes, but not at home—any employer that ever I heard of would discharge a man for working at home.
Cross-examined. Q. Did it never occur to Mr. Binkes that he had not employment for a man all the week, and to employ him only three days out of six? A. Not since I have been there, which is four years—Mr. Binkes does not say to a man, "Whatever time you leave, you shall not do a bit of work at home," but it is not allowed—I have made tools for myself, but never a pianoforte.
LITCHFIELD BINKES re-examined. The men are never allowed by any pianoforte maker to work after hours—they have always plenty of work on my premises—there was a peculiar grain in this veneer, and knots that I could swear to it by.
DONALD MURRAY (police-constable M 119.) I saw a pianoforte case in the possession of Mr. Dudbrige—I examined the veneer on that case and the veneer at Mr. Binkes—I was a cabinet maker before I was a police-constable—I believe they are the same wood.
JURY. Q. Were they both polished? A. No, neither of them—that which was in the case, had been laid down and planned, the other was from the saw.
MR. BALLANTINE. Q. When the prisoner was at the police-court did he tell you where he bought the veneer? A. He told me he bought the veneer that is on the case at Mr. Dudbrige's, in Sun-street, Bishopsgate—I saw it once, and put my initials on it—I desired to see it again, and was refused by Mrs. Dudbrige.
Mr. BALLANTINE offered no evidence.
GUILT. Aged 47— Confined Three Months.
STEPHEN SMITH. I live with my father, Isaac Smith, who keeps the Half Moon public-house, in Smithfield. On the 30th of June, I was at the National Baths, at Lambeth—I undressed myself—I missed my boots in two or three minutes afterwards—these are them—they are my father's—I lost them about four o'clock.
Prisoner. Q. Did you see me take them? A. No.
DAVID PEGRAM (police-constable F 161.) On the 30th of June, about a quarter-past four o'clock, I took these boots from the prisoner in the West-minister-road—he said he bought them in the New Cut, for 1s. 6d.
Prisoner's Defence. I was coming up the Cut from the Baths; a man asked me to buy these, and I gave him 1s. 6d. for them; the office asked me to show them to him, and I did; he took me to the station.
WILLIAM MILLERMAN (police-constable B 95.) I produce a certificate of the prisoner's former conviction at this court—(read—Convicted 23rd of Feb., 1846, and confined six months)—the prisoner is the person.
GUILTY. Aged 17.— Confined Nine Months.
GUILTY.— Confined Three Months.
HARRIET BELL. I am servant to Mr. Richard Pittman—he lives at No.6, Kennington-terrace, Kennington-lane. On the 1st of July, the prisoner came to the house, with a pretence to put a pane of glass in—I thought he had been sent for—I took him to the back bed-room on the first floor—there was a pane of glass broken there—he took a knife out of his pocket, and wanted to make it hot in the fire—I said, "Very well, go down into the kitchen"—he went—I looked in his basket, and did not see any glass—that made me suspect him—I went half-way down stairs after him, and I heard him taking the plate out of the kitchen closet—he then took his basket, and went out—I went and looked in the closet, and the plate was gone—I had seen it not more than ten minutes before—I went after the policeman—the policeman took him—this is my master's plate.
WILLIAM KING. I saw the prisoner running, and Bell after him—I saw the prisoner throw the basket over Mr. Westwood's wall—I ran, and took him—he begged me to let him go, or I should get him transported—he said I should have the plate.
Prisoner. This man would have taken the property away from me, if he could have got it where no one saw him.
SAMUEL HAMPTON (police-sergeant D 24.) I produce a certificate of the Prisoner's former conviction at this court, by the name of John Young—(read—Convicted 30th Jan., 1843, and confined six months)—the prisoner is the person.
GUILTY. Aged 21.— Transported for Seven Years.
1709. JOHN WHITTINGHAM was indicted for stealing 1 1/2 lbs. weight of brass, value 9d. 2lbs. weight of copper, 1s. 6d.; 1 piece of gun-metal, 1s. 4d.; 1 piece of metal called a bush, 1s.; 1 piece of metal called a bearing, 9d.; and 14lbs. weight of gun-metal, 9s. 8d.; the goods of James Easton and another.
MR. ROBINSON conducted the Prosecution.
JAMES BURTON (police-constable M 272.) On Friday evening, the 18th of June, about seven o'clock, I was on duty in Gravel-lane, Southwark—I saw the prisoner go into a marine-store dealer's shop—I believe he spoke to the woman—he came out again, looked round, and went down a street that leads to Messrs. Easton and Amos' premises—there are two or three streets between them—I remained there from seven to ten minutes—he then returned seemingly in a hurried state—he went into the marine-store dealer's shop with this bundle under his arm, tied in this silk handkerchief—I went in, and asked what he had got—he said some old metal—I asked him what account he could give, or where he got it—he said he gave a man 10s. for it, in the Lower-road, Deptford, which is about four miles from where I took him—I took him to the station, and found on him this property.
Cross-examined by MR. BALLANTINE. Q. Where is Lower-road, Deptford? A. I do not know exactly, I suppose it is in Deptford—if it extends to Dock-head, that is about a mile off—the prisoner said he had purchased this—part of these articles are new—I did not see the prisoner in a cart—there was a horse and cart standing at the marine-store dealer's shop—I got up in the cart afterwards—I did not search it—I saw some empty bags in it—I did not examine them—I saw there was nothing of this description in the cart—there might have been rags in it.
MR. ROBINSON. Q. You saw him go into the shop without a bundle; then go up the street, and come back, and go into the shop again; in that time did he go into the cart, or take anything out of it? A. No—the cart stood on one side, and he went on the other—from the time he left the shop till he came back, he had no opportunity of going to the cart.
HENRY PRINCE. I am foreman to Messrs. James Easton and Charles Edward Amos—their factory is in the Grove, in Great Guildford-street, Southwark. On Saturday, the 19th of June, Burton brought this metal to our factory, I know it all; it is my employers' property—I have some patterns here, I know them by their being cast to these patterns—here is a mould on which this one was made—here is another, a valve pattern, it was made too long, and these pieces were cut off with a saw—this is the casting of this pattern, it is a new bearing—I produce this pattern from our premises—these two precisely correspond—I recollect this property being on the premises—it is impossible to miss it amongst the quantity we have—here is one we did miss, and we had some fresh ones cast—I saw this one in May—I have seen these others frequently—I believe—I believe the whole of these to be my master's—the value of them as metal would be 14s. 8d., but we should not sell them as metal.
Cross-examined. Q. Can you say that you have ever seen any of these articles in your life? A. I can swear that I saw this particular one in May—there were only four cast to this pattern, and the other three were used by the men.
COURT. Q. And therefore you infer that this is one that you saw? A. Yes—I saw them all four together—Three have been used, and I was obliged to get another one in the place of this one, because that was gone—that was in May—I have not a doubt about this.
MR. ROBINSON. Q. How far is the marine-store shop from your premises? A. I could go there in about two minutes.
MR. BALLANTINE. Q. Is there any other article you can speak to? A. Yes—I brought this model with me from which this one was made—these articles were in different parts of the premises at times, but were ultimately
brought together—the prisoner ought not to have had access to our premises—we had about 100 men at work at the time—this bush and this mental cock were in the store room—I do not know the prisoner.
MR. ROBINSON. Q. How far are your premises from the Lower Deptford-road? A. I do not know exactly—I think about two miles.
JAMES BURTON. re-examined. I saw a cart there—I went into it, because the woman said it was the prisoner's brother's cart—I believe his brother had been ill—I have heard that his brother is a marine-store dealer in New King--street, Deptford.
MR. BALLANTINE called
JOHN HORNER. I am agent for my brother, who has lead-works at Skipton, in Yorkshire. I have a faint recollection of the prisoner—I was on the 18th of june by Bermondsey new Church—I saw a cart there, and I think the prisoner was with it, but he was differently dressed then, as a working man—my attention was drawn, from the circumstance of a man bringing up some broken metal to offer to him for sale—I saw the sale take place—I saw him receive the metal, and he drove off in a direction towards town—I saw name on the cart—it was "Philip" something, at some place at Deptford—I do not know the prisoner nor his brother—I noticed it from having been in the line myself, and it being rather unusual to buy on the road.
MR. ROBINSON. Q. What are you? A. I am connected with my brother's mill—I sell the lead for him in town—I live in Rochester-square—I do not keep any place of business except that—I am in the habit of traveling Bermondsey way, on business—I remember the day this took place—it was the anniversary of the battle of Waterloo—it might be half-past five or six o'clock in the evening—I was smoking my pipe in front of a house—I was coming towards town to go home—I never saw the prisoner before—I was there casually—I was at a house I am in the habit of calling at every Friday, the Gregorian Arms, in Bermondsey New-road—it is perhaps a mile and a half from Guildford-street, Southwark—Bermondsey Church is near Jamaice-row—it is in the road to Deptford.
MR. BALLANTINE. Q. Is it what is usually called the Lower Deptford-road? A. I should not call it so—it depends on which way you go—it is not in a direct line to it.
(The prisoner received a good character.)
GUILTY. Aged 29.— Confined Six Months.
JOHN NEALE (policeman.) On the 29th of June, about three o'clock in the day, I met the prisoner in the Clapham-road, driving a chaff-machine—he appeared sober—I asked him what he had got in the box—he said, "nothing"—I heard something rattling, put my hand in, and found these nine pewter-post—(produced)—he said he did not know how they came there.
Prisoner. Q. I said I did know; did you meet me, or was I standing still? A. You stopped just as I came up to you; you were driving the box, which has a wheel to it like a barrow.
GEORGE WARDRELL. I keep the Swan at Stockwell. Two of these pots are mine—I have frequently seen the prisoner at my house—I cannot say that I saw him in this day—he had no business with the pots—they ought not to have been taken away.
WILLIAM STABLES. I keep the Oak in Chapel-street, Stock well. Three of these quart pots and four of the pints are mine—I have known the prisoner within the last three weeks or a month—he has been in the habit of coming to my place cutting chaff—I had seen him there about five minutes before he was brought back—he had been there cutting chaff—he had no business to have of my pots.
ELIZA WESTWOOD. I live at the Oak in Chapel-street, Stock well. On Tuesday, the 9th of June, at half-past two o'clock, I saw the prisoner in the pothouse, where the pots are cleaned—I saw him take a pot, put in his waistcoat, and put his waistcoat under his arm—he turned round, saw me, and asked if he might go up to get a drop of water; I gave him leave—he went and got some water—I did not see any pots with him at that time—he was sober—he know what he was doing.
Prisoner's Defence. The only pot I had in my hand was to get a little water in; I set it down, took a little pail, carried it into the stable with the water, and put the pot back; I do not know how I came by the pots.
GUILTY.* Aged 55.— Confined Three Months.
GEORGE TRUSSELL. On the 9th of June I was passing St. Andrew's-terrace, in the Waterloo-road, and saw the prisoner there—there was nobody with her—I went home with her to her house—I was to give her 2s.—after that, she took half-a-crown from me, for which she has been tried and acquitted—I wanted it back again—she would not give it me, and struck me over the legs with a pair of tongs—I would not go till I got my half-crown back—she called out for help, for assistance to get me out of the room—somebody else came in with a poker in her hand, and cut me over the bead with it—the prisoner did not say anything when the other woman came in, but struck me with the tongs across the knees—the blow of the poker laid my head open—I do not know how I got out of the house—the prisoner did nothing to me but struck me over the knees with the tongs—I went to the hospital.
Prisoner. I never hit him at all; he had the poker in his hand, and was going to break the looking-glass.
WILLIAM DIBBIN (policeman.) I was called, and found Trusell outside the house—he was very drunk, and was insensible, and bleeding—I saw the prisoner about fifteen or twenty minutes after that—she had nothing in her hand—she made no complaint about being ill-used.
JOHN THOMAS (policeman.) I found the prosecutor outside the house insensible and bleeding—when he came, to he complained that the prisoner had struck him over the knees with the tongs—I looked at his knees but saw no marks—the prisoner made no complaint at the time, not till the Monday following—I saw four other females—the one who struck him over the head escaped.
GUILTY. Aged 17.— Judgment Respited.
THE FOLLOWING PRISONERS, UPON WHOM THE JUDGMENT OF THE COURT WAS RESPITED THE LAST SESSION, WERE SENTENCED AS UNDER:
MARY ANN MALANEY Page 462 of present Session Confined Ten Days, instead of Three Months.
ADJOURNED TO MONDAY, AUGUST 16TH, 1847.