CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 20TH, 1847.
MINUTES OF EVIDENCE,
Take 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 DELIEVERY
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, September 20th, 1847, and following Days.
Before the Right Hon. SIR GEORGE CARRLL , Knt., LORD MAYOR of the City of London; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Cout of Exchequer; Sir Edward Vaughan Williams, Knt., one of the Justice of Her Majesty's Court of Common Pleas; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; Sir William Magnay, Bart.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Sidney, Esq.; and Francis Graham Moon, Esq.; Alderman 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. ELEVENTH 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, September 20th, 1847.
First Jury, before Mr. Recorder.
(Michael Ambrose Carey received a good character.)
M. A. CAREY— GUILTY. Aged 22.— Confined One Month , and to enter into his own recognizance in £40 for One Year.
GUILTY.— To enter into their own recognizances to appear and receive judgment when called upon.
2022. CHARLOTTE LUCY was indicted for stealing 1 brooch, 1 bible, 1 scarf, 2 handkerchiefs, 15 yards of ribbon, &c., value 3l.; the property of Joseph Hobbs; to which she pleaded o GUILTY. Aged 15.— Confined One Month.
(The prisoner received a good character.)
GUILTY.* Aged 24.— Confined One Year.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor.— Confined One Month
NEW COURT.—Monday, Sept. 20th, 1847.
Fifth Jury, before Edward Bullock, Esq.
GUILTY. Aged 51.— Confined Three Months.
GUILTY. Aged 20.— Confined Four Months.
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor. A witness gave him a good character, and engaged to send him to his friends in the country.— Confined Fourteen Days
2028. JEREMIAH SCANLON was indicted for stealing 1 purse, value 2d.; 1 sovereign, 1 crown, 3 half-crowns, 3 shillings, 1 sixpence, and 2 groats, the property of Jeremiah Carter, the younger, from the person of Harriet Carter.
HARRIETTE CARTER. I am the wife of Jeremiah Carter, the younger, and live in Basinghall-street—on the 9th of September, at a quarter before one o'clock, I was walking with my husband in Fleet-street—I felt something, turned round and laid hold of the prisoner's coat—he had my purse in his hand—it had been in my pocket—he threw it down, and said, "That man took it"—he pointed before him, but not to any one in particular—my purse contained a sovereign, a 5s. piece, two half-crowns, and three shillings—this is my purse—I am quite sure I saw it in the prisoner's hand, and it was in my pocket before—he was drawing it out—he had scarcely drawn his hand out of my pocket when I seized him.
GUILTY.* Aged 18.— Confined Twelve Months.
JOHN DAVIS (City policeman, 551.) About two o'clock on the 16th of Sept. I was in Gracechurch-street—I saw the two prisoners behind some gentleman—they were there about ten minutes, close together—I then followed them down to Bishopsgate-street—they were loitering about a picture-shop, and I saw Smith put his hand into the prosecutor's pocket, draw something out, and put it into his trowsers—he gave a hint to Jones, and they ran off down Threadneedle-street—I followed them with the prosecutor, and near the Hall of Commerce I took Smith, and took this handkerchief from him—Jones was about ten yards from him—they were joining together.
THOMAS PORTER. I was in Bishopsgate-street on the morning of the 16th of Sept.—I had a handkerchief in my pocket, and lost it—this is it—I had it in my pocket about a minute and a half before the officer told me I had been robbed—I went with him and pursued the prisoner to Threadneedle-street—he took Smith, and I saw him take my handkerchief from him—I took Jones.
Smith's Defence. I met this lad, we waked to a picture-shop, and I picked up the handkerchief; we were going on, and the policeman came and took hold of me.
SMITH— GUILTY. Aged 14.— Confined Four Months.
JONES— NOT GUILTY.
GEORGE TABER. I am porter to Elizabeth and John Hull, smiths and bell-hangers. On the 1st of Sept., about five o'clock in the afternoon, I was in their shop—the prisoner came in and said Mr. Thompson had sent him for a crow-bar and a hammer, to dig a drain—I know Mr. Thompson—he is master of the West London Union—the prisoner did not come to buy them, he borrowed them; I am sure of that—I lent him a hammer and crow-bar—they have never been brought back.
WILLIAM THOMPSON. I am master of the West London Workhouse, in West-street, Smithfield. The prisoner had been an inmate there, and had discharged himself on the last day of Aug.—I did not send him for the harmmer and crown-bar to dig a drain—there had been a drain digging, but there was not at that time—he had been at work at it.
Prisoner. I did work at the Union; I know nothing about the hammer and crow-bar.
Prisoner's Defence. I am not the person to whom he delivered them; there were other labourers at work; I was the bricklayer.
GUILTY. Aged 28.— Confined One Month.
OLD COURT.—Tuesday, September 21st, 1847.
Second Jury, before Mr. Recorder.
MR. PRENDERGAST conducted the Prosecution.
HENRY WILLIAM GRAY. I assist my father, Henry Gray, a livery-stable keeper, in Earl-street, Blackfriars. The prisoner owed my father about 2l. for the hire of a horse and chaise and the hire of a carriage and horses—on the 6th of Aug. he called on me, and gave me this check for 5l. 15s. 3d.—he asked me to take the amount which he owed us, and to give him the change—he said it was not always convenient to get a check changed, which was crossed—(check read—"London, 11th of Aug., 1847, Messrs. Drummond and Co., pay to William Maslin, Esq., or bearer, 5l. 15s. 3d.—Thomas Lloyd and Co.;" crossed, "Willis and Co.")—the words "and Co.," were on it, and I put the word "Willis" to indicate that it was to be presented at that bankers—he did not say where he got it—I did not observe the date at the time, I did when it was paid into the Bank.
Cross-examined by MR. PAYNE. Q. When did you pay it in? A. On the 7th—I went to school with the prisoner—I have known him about seven years—I had his address—as far as I known he is a coal-merchant—I do not know where he carried on business—if this check had been kept, and not paid in till the 11th of Aug., there would have been no objection to it, if there had been funds there to meet it—I believe the prisoner called at our place after he gave me the check, but I did not see him.
MR. PRENDERGAST. Q. Have you even been to his house? A. No—I did not know where he lived, further than from the address which he gave when he first called, on the 20th of June—I have not known anything about him for five years—the first time he came was in June—it was then that be borrowed the horse and chaise which he paid for by the check—I had not seen him for three years before that.
CHARLES PRATT. I am clerk to Messrs. Drummond. The prisoner never kept an account there—Thomas Lloyd and Co. keep no account there—I do not know such persons—they are not known to the firm, and have never been known in our books—nobody paid me any money in that name on the 10th or 11th of Aug.
Cross-examined. Q. How many clerks are there in your establishment? A. A good many—the cashiers are the parties most acquainted with the accounts—I am one of them—I know the customers by reference to the ledgers which are not here, but I have referred to them—this check was presented to me personally twice, when it was post-dated and again on the 11th—I have referred so as to be sure there were no such person authorized to draw checks in that name either on the 6th or 11th—there is no other way of knowing it.
MR. PRENDERGAST. Q. You know the customers very well, do you not? A. Yes—I know there are no such persons having an account there—I do not know such a firm as Thomas Lloyd and Co.
JURY. Q. Would it have been possible for any money to have been paid into your house to meet the check, without its being known to the firm? A. No—we never receive money to meet a bill or check, unless an account is opened—we have no connection with country bankers—we do not receive money to meet particular claims.
JAMES JOHNSON. I was present when the prisoner came to Mr. Gray's yard, he showed me the check—I did not say anything to him about it then—he called two or three times afterwards—he said he wanted to see Mr. Gray about the check—I said, "Mr. Gray is not within"—he said he thought the parties were queer, and it would not be right—the first time he called was after I had been up to his lodging—I said Mr. Gray was not within, and
asked him if it was about the check—he said, "Yes"—I said I had been up to his lodging, and found it was wrong—he said he thought the parties were queer, he was afraid there would be no money.
Cross-examined. Q. Was not what he said, he was afraid there was something wrong about it, as the Company had gone off in a queer way? A. Something of that sort, or that the people were queer.
COURT. Q. He did not give you any notice of what the Company consisted? A. No.
MR. PAYNE called
MR. PRENDERGAST. Q. What part of the house did he occupy? A. The first floor—his wife was with him—I believe they are married—I did not ask—I had no reason to doubt it—I do not know Lloyd and Co.—the prisoner is a coal-merchant or agent, I do not know which, at Adelphi-wharf—Mr. Answorth's name is up at the wharf—I do not know him—I have been there to order coals of Maslin before he came to lodge with me, which was last winter—he ceased to live with me eleven days before he was taken up—four or five inquiries have been made about him by parties who wanted little bills from him, not checks; Mr. Gray's man called about a check; I cannot say who else—Mr. Gray's man called on the morning before he took him, and asked me where he was—I said I did not know—I did know, but was not bound to tell—he had gone to No. 46, York-road, as far as I knew—I do not know that I answered by other person but him—I did not give my servant directions to tell a falsehood—I was not bound to know where he was—I only knew from hearsay—I was not certain—a person who lived over the way told me; and when his wife went away she told me he was going to No. 46, York-road—she did not tell me it was a secret, or ask me not to tell—I did not know there was any reason for keeping it a secret—I was not bound and did not choose to mention it—I suspected he was at his business—I did not give them the address of Adelphi-wharf—they knew the Adelphi-wharf, because Mr. Gray's man had called once or twice with a horse and gig at my house to make inquiries—three or four persons called to make inquiries both before and since—I do not consider the prisoner a dishonest character.
MR. PAYNE. Q. Had you reason to believe he had committed any offence? A. No; I knew he could not pay all he owed—I had no desire to screen him from any offence.
COURT. Q. Have you ever seen him write? A. Yes; I do not know the writing on this check—I do not believe it to be Maslin's writing—it is not like the character of his writing—I do not know whose it is—I never saw anybody at my house who went by the name of Thomas Lloyd.
JURY to JAMES JOHNSON. Q. When did the prisoner last call on Mr. Gray, in his absence, when you saw him? A. On the Monday, as he was taken on the Tuesday morning—he never gave any account of who Lloyd and Co. were
MR. HUDDLESTON conducted the Prosecution.
JOHN ALEXANDER. I am a draper, living at Kelso in Scotland. In the month of May last I saw an advertisement in the Glasgow Herald, offering to lend money—in consequence of seeing it I wrote a letter, addressed to "X. P., 3, Union-street, Blackfriars, London," and put it into the post—the purport of it was to get some money, according to the terms of the advertisement—in consequence of that I received this letter, addressed "Mr. Jno. Alexander, draper, Kelso, Roxburghshire."
Cross-examined by MR. CLARKSON. Q. Do you believe them to be his? A. Yes; I can swear to one of them.
JOHN ALEXANDER re-examined. This is the letter of the 10th of May that I sent—(this letter being read, expressed a desire to treat with the advertiser for a loan of 200l. or 300l., stating his stock to be worth 1,500l. or 1600l., and his liabilities about 800l.)—this is the answer I received—(read—"Sir, Your communication of the 10th is duly to hand; but you do not mention the nature of security you have to offer, in case I should advance the sum you name; if it is personal security, I should require you to furnish me with some farther reference, and also to obtain the indorsement of some other respectable parties; if you can do this to my satisfaction, I shall not object to advance you 200l. or 300l. on your own acceptance at three months' date, and I will give you a guarantee to renew it at the expiration of that time, and from time to time for twelve months, at the rate of five per cent. per annum. Waiting your reply, I am, your obedient servant, John Bull."
Q. Did you send him a letter in answer to that? A. Yes, and received from him the following letter—(read—"17th of May. Sir,—Since your previous letter, I have had an opportunity of making the requisite inquiries respecting you, which are so satisfactory, I do not hesitate to enclose my draft on you for 200l., which I shall wish you to get endorsed by some respectable party in your own neighbourhood; and I hereby agree to renew the same from time to time for twelve months. When you return the acceptance, have the kindness to say through what bank you would wish the money to be paid, and it shall be remitted to you by the next post, less three months interest, at the rate of eight per cent. per annum. Trusting it may be of some service to you, I am, Sir, &c., John Bull. P. S. You must furnish me with the address of the party who indorses the bill, and the same must be made payable in London")—I received in that letter a bill, wrote my name underneath the drawer's, which is the way they do in Scotland, and got my brother, Andrew Alexander, to write his name across it on the face of it, as an indorsement—we both understood it was a legal bill, and that it would go perfectly safe—I enclosed it in a letter addressed to the prisoner, and posted it—on the 21st of May I received this letter from the prisoner, in which there was another bill for 200l., drawn by him—(read—"May 21st, 1847. Mr. John Alexander. Dear Sir,—I am pleased with your punctuality and attention to business. I duly received your enclosure this morning, but am sorry to say it is neither accepted nor endorsed in the proper manner, at all events
for a legal security; if you will refer to my letter, you will perceive I wished it made payable at London. You must excuse my being particular, but in matters of this kind I am obliged to be. I have enclosed you another draft, with a form in, which must be accepted and endorsed, on the receipt of which I will remit the amount through Messrs. Jones, Lloyd, and Co., to the Commercial Bank of Scotland, to be placed to your account. I shall not be at all particular about the whole being repaid in twelve months, so long as the interest is regularly paid. I shall be very glad to make your acquaintance when you come to London; meanwhile believe me, dear Sir, yours very truly, John Bull. As the other acceptance is not available, I shall get it exchanged for a fresh stamp at the stamp-office")—In consequence of that letter, I accepted the second bill, according to the way described in the letter, had it endorsed, and sent it, directed to Mr. John Bull, as before—I never received any answer—the instrument I sent was to be substituted for the other bill—I did not provide the stamp for it—it struck me that he was a downright straight-forward man, and I did not know the difference between the English and Scotch law—he said he would either destroy it or get 6s. for the stamp—I thought he detained the first bill in order to get the stamp allowed—it was not my 6s.—he paid for the stamp—I do not know whether I was to pay for it.
Q. Did you get your money? A. No—on the 26th of May I received this other letter, in consequence of some letters I had written to him for the money—I subsequently came to town, and, in company with Thain, the constable, had the prisoner taken into custody—he told me the bills were both destroyed.
Cross-examined. Q. Did you know perfectly well, according to your notion of the Scotch law, that your acceptance and your brother's endorsement were perfectly good as they appeared on the first bill? A. I understood so—my stock at that time was worth 1600l., and my liabilities were 800l.—about the 10th of July I became a bankrupt—I was not insolvent at that very time.
AUGUSTUS ADAMS. I am a drug and general broker in Great St. Helen's. On the 19th of May, in consequence of a transaction I had with Mr. Ascolan, I employed him to send 100l. worth of attar of roses for cash—the prisoner came to my premises about two days afterwards, and said he was the purchaser—I asked him for the cash—he said he had got to send it into the country, and it would not be convenient for him to pay the cash just at that moment, but he would deposit, as a collateral security, a 200l. bill on a Mr. Alexander, at Kelso, till he should receive the money from the country—on looking at the bill I saw that the acceptor's name was written underneath the drawer's, and the endorser's where the acceptor's should be—I made the remark to him—he assured me it was only the was they did it in Scotland, and that it was perfectly legal and good—I then asked him for some reference regarding himself, as he was a perfect stranger to me—he gave me the reference of his brother, a wine-merchant, close to my counting-house—after making some inquiries I took the bill—he left it with me—I was to give him a delivery order for 100l. worth of attar of roses, and I made him sign a paper—I have not got it here—it must be in my office—I have not looked for it—I look the bill on the terms that if he did not pay me within one week I had power to get it discounted.
Cross-examined. Q. You objected to the mode in which the bill was accepted and indorsed? A. I did not actually object, I merely remarked about it—he afterwards came to me and wanted the bill discounted—I suggested
to him to write to Mr. Alexander to substitute another bill for it, and I would give him an undertaking to return the first one—he subsequently asked me not to part with the bill to anybody unless for the whole amount for which it was drawn.
MR. HUDDLESTON. Q. The first transaction was on the 19th? A. I believe so—it was full a week after the first interview when he came to me to get the bill discounted, and I recommended him to get a new bill—it was about a fortnight after the first transaction that I received notice from him not to part with the bill—I was to part with it if I could get it discounted for its full value, even after that notice—the notice was that I was to part with it if I could get the full value.
COURT. Q. Have you any means of fixing the day on which the prisoner came to you, and spoke of the attar of roses? A. I think the contract was made on the 18th, and he came to my office on the 20th—I am positive it was either the 19th or 20th—I had never seen him before.
CHARLES THAIN (City policeman, 19.) On the 3rd of July I took the prisoner into custody—he said he had destroyed the bills for want of sufficient security, that it was all settled—he said he had received the two bills—Mr. Alexander was not with me—on the 31st of July I was going with him from the Mansion House to the Compter—he said he had been regularly duped out of the bill, and he should like to place the party who had duped him in the same position as he was placed himself—I said, "Who is the party?"—he said, "I do no not exactly know where they live, but I think it is in Dyer's-buildings, Holborn"—I went there, and found a person named Ellison—he knew nothing about the prisoner whatever—I found in the prisoner pocket these copies of advertisements to raise money.
MR. ALEXANDER re-examined. The second bill was for 200l., drawn by John Bull, accepted by me, and indorsed by my brother, Andrew Alexander—the acceptance was payable at "Jones, Lloyd, and Co.'s," across it, that bill is over due—my brother has received notice of that—I had not—he is not here.
(The prisoner received a good character.)
GUILTY. Aged 26.— Confined Two Years.
GUILTY. Aged 30.— Confined Four Months.
NEW COURT.—Tuesday, September 21, 1847.
Sixth Jury, before Edward Bullock, Esq.
GUILTY. Aged 18.— Confined Three Months.
GUILTY. Aged 58.— Confined One Month.
2038. JOHN SIMTH was indicted for breaking and entering the dwelling-house of Jonathan Richardson and another, and stealing there in 28 yards of linen cloth, value 1l. 8s., their property; to which he pleaded
GUILTY. Aged 22.— Confined Twelve Months.
GUILTY. Aged 30.— Confined Two Years.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JANE RANDALL. I manage the business of Mr. Hill, a confectioner, in Fleet-street. On the 26th of Aug., between eight and nine o'clock in the evening, the prisoner came to the shop, and asked for two bottles of ginger-beer—she had two—they came to 6d.—she tendered me a half-crown—I gave her two shillings of George the Third's reign in change—I went round the counter and gave her the beer—she asked if it was Johnson's—I said "Yes"—she said I was to give her 2d.—I said, "No; it is right"—she said, "For what?"—I said, "4d. the beer and 2d. the bottles"—I said, "You did not ask for two penny bottles of beer; when you return the bottles I will give you 2d."—she said, "I will not trust you"—I said, "There is no trust in it"—she then said she would not have it at all—I was going to give her sixpence, and she pushed back the two shillings to the end of the counter to me—I took them up, and found one was bad—I am quite sure it was not one of the two I had given her—it was the same reign, but I not a bad shilling in the house—I told her it was bad, and she ought to be ashamed of herself to take my good money and give me bad money—I told her I knew what she was about when she came in—the policeman came in, I gave him the two shillings which I had in my hand, and the prisoner was given into custody.
GEORGE WARDLE (City policeman, 25.) On the 26th of Aug., about seven or eight o'clock at night, I took the prisoner into custody,—I got this good and a bad shilling from Mrs. Randall—I asked the prisoner what she had done with the lady's good shilling—she said she had not got a shilling about her—I took her to the station—she was searched by a female—I was present, holding her hands, and saw the female take this shilling from her bosom—I asked her where she lived—she said, "No. 1, James-street, Blackfriars-road"—I have made inquiries about that—it is false.
GUILTY. Aged 26.— Confined Six Months.
MR. PRENTICE conducted the Prosecution.
warehousemen—the prisoner entered their service about March last, as a porter. On the 7th of Sept., about half-past eight in the morning, I missed a piece of sarsenet, worth about 6l.—I sent up to Mr. Retier—I told the prisoner I had missed a piece of sarsenet—he said nothing—he took his coat off his arm, and the sarsenet fell from his arm on the counter—I did not say anything to him then—I sent for a policeman; he was given into custody—this is the sarsenet which I missed, and which I saw fall—I do not know it by any mark—I am sure I saw it drop from the prisoner—he was going home, I suppose—he had got out of the warehouse—it was not his duty to take it.
Cross-examined by MR. PARRY. Q. Then he was not going home to bed? A. I believe not—I have been in the prosecutor's employ about two years and a half—I do not know where the prisoner came from—I believe my employers had a good character with him—he slept out of the warehouse—this silk was kept down stairs, about a yard from where it was found—Mr. Share had the management of that department—I missed the silk about a quarter before eight o'clock that morning, and had seen it safe in its proper place about half-past seven o'clock—the prisoner was coming from the counting-house when I saw him, at half-past eight o'clock—he had been sweeping the counting-house out—this piece of silk had been among the waste paper, which lies in the warehouse, about a yard and a half from the door—it was the prisoner's duty to take the paper down stairs—his coat was not on—he was in his shirt sleeves—the coat the silk were both hanging on his arm—it was a fustian coat, the one he has on now.
MR. PRENTICE. Q. Where was he when the silk dropped? A. On the premises—the coat was at the top and the sarsenet under it—he had no business with it—I saw him go out, called after him, and told him I had missed a piece of sarsenet—he made no answer.
COURT. Q. When you first saw him that morning, where was he? A. In the warehouse—this silk was kept there—he did not come back of his own accord—I called him, and he came back into the same warehouse in which he dropped the silk—that was where it was kept—I have counted these papers of goods every morning for a month or six weeks.
Cross-examined. Q. How many persons are employed in your establishment? A. Between forty and fifty—I believe there were three porter beside the prisoner—that department is under my management—there are a great many other pieces of silk there, all wrapped up in paper.
MR. HORRY conducted the Prosecution.
JOHN JENKINS. I am a trunk-maker, and live at No. 2, Liverpool-street, Bishopsgate. On the 30th of Aug., about a quarter before ten o'clock in the morning, I saw the prisoner—he gave me this card, "R. Harrison and Co., shipping-merchants, 3, Finsbury-chambers, Blomfield-street, City,
London"—he said he came from that firm, and wanted two portmanteaus for packing cigars—that is a common thing—I showed him two—he said he thought they were not large enough, but if I sent them a little after ten o'clock, to the counting-house, Mr. Harrison would be there and would see if they would suit—I took them myself to No. 3, Finsbury-chamber, Blomfield-street—I saw a person—I do not know his name, he appeared to be one of the firm—he acted as a clerk, or one of the partners—he was quite a stranger to me—in consequence of what he said I went away, and left the portmanteaus for Mr. Harrison as he was not present—I came back at half-past three o'clock, saw the prisoner there alone, and inquired for Mr. Harrison—his answer was, "Mr. Harrison is at St. Katherine's Docks"—I then asked him where the portmanteaus were—he said they were packed with plated goods, and gone to St. Katharine's Docks—I answered, "That is very strange; you told me in the morning they were to pack cigars in, and now you tell me they are packed with plated goods; I suspect they are not packed at all, that they are on the premises"—he said they were not—I knew something of the counting-house, opened the door, and found they were not there—I asked the prisoner for them again, and he said they were at the Docks, and asked me to make a bill of the goods—I told him, certainly not; I did not consider them sold—I sent for a policeman, to give the prisoner into custody, but the counting-house was then shut up, and he was not there—after going to several places, I met him in Broad-street-buildings, and gave him in custody—at the station he told me and the inspector that the portmanteaus were at a coffee-shop in Clifton-street—he went with us, and we found them there, on a table—these are them—I value them at 30s. the wholesale price.
JAMES BARDWELL. I am a porter in Foster-street, Mile-end—on Monday afternoon, the 30th of Aug., about one o'clock, I was standing in Rose-and-Crown-court, Moorfield—the prisoner came and asked me if I wanted a job—I said, "Yes, sir"—he put his hand into his pocket, and gave me this card of Harrison and Co., 3, Finsbury-chambers, Blomfield-street—I said, "Shall I want my knot?"—he said, "No, and don't come till I have been gone then minutes"—it wanted ten minutes to one; I waited till one, and then went to Finsbury-chambers—I saw the prisoner—he pointed and said, "There are the two portmanteaus"—I took them up—he told me to take them round London-Wall, and Finsbury-Pavement, to Rose-and-Crown-court, and he would meet me there—I did so—I was not there above two minutes before he came, and said, "Come on," and I took them through Rose-and-Crown-court, into Long-alley, into Crown-street, and then into Clifton-street, into a coffee-shop—there was a female there, he said to her, "Will you have the kindness to let me leave them; I and my partner are coming here between three and four o'clock, to have some tea?"—she said, "Yes, and welcome"—I put them down in the further settle in the coffee-room—the prisoner and I came out—he gave me 6d., and went away.
Prisoner. I said, "Till Mr. Hebert comes, at four o'clock." Witness. No, you said, "Me and my partner.
THOMAS PHILLIPS (City policeman, 128.) On Monday afternoon, the 30th of Aug., at a quarter-past four o'clock, I went with Jenkins to No. 3, Finsbury-chambers, and found the door locked—I then went to several places, and received charge of the prisoner in Broad-street-buildings, at half-past four o'clock in the afternoon—I took him to the station—he said, "I will not get myself into trouble, the portmanteaus are not packed and gone to the
docks, as I at first stated; I will take you to a place where we can find them"—I went with him and Jenkins to a coffee-house in Clifton-street—we found the portmanteaus there; Jenkins took them—the prisoner stated it was not Mr. Harrison that sent him, but another partner of the firm, at the same time holding a card to inspector Martin.
JOSEPH MARTIN. I am an inspector of the City Police. I was present when the prisoner was brought to the station—he was charged by Jenkins with having got some trunks—he said he was sent by one of the gentlemen, handing me this card, which has "Mr. Frederick Charles Hebert" on it—Harrison was standing by; he said, "I have no partner"—the prisoner said, "I will not get myself into trouble for any of you; it is not true that the trunks are sent as I said they were; I will take you where they are"—I sent an officer with him—in about twenty minutes they returned with the trunks.
Prisoner's Defence. I had only been with Mr. Harrison three weeks—the prosecutor saw Mr. Harrison's partner when he left the trunks in the morning.
JOHN HILLER (City policeman, 496.) I produce a certificate of the prisoner's former conviction—(Read—Convicted June,1847; Confined Five Weeks, the last Four Weeks solitary)—the prisoner is the person.
MR. HUDDLESTON conducted the Prosecution.
WILLIAM GREENING. I am a looking-glass manufacturer, and live in Coleman-street. On Friday, the 27th of Aug., about half-post ten o'clock in the morning, the prisoner Edmonds came to me and selected a chimney-glass and a mirror, for Ralph Harrison and Co., shipping-merchants, Finsbury-chambers, Blomfield-street, and said if I brought them down as soon as I could, I was to have a check for them—I took them down about half-past one o'clock, and saw Edmonds—he asked me to fix them up—when they were fixed I asked him for my money, and gave him the bill—he said Mr. Harrison would be in directly, and I should have a check—I waited about twenty minutes, he had not come—Edmonds told me, to save me trouble, he would send the check up before four o'clock—I went again at a quarter before three o'clock and saw Edmonds—he was taunting me all the time, and saying, "Were you afraid of your money?"—I went to take my glasses if I could not get the money—I took my tools in my pocket to get them away—Edmonds said they always gave Mr. Harrison half an hour's grace when he was down at the docks; he was tasting the wines—I did not go away till half-past five o'clock, they wanted to lock up the place, I could not stop any longer—I was to come again at half-past ten o'clock on Saturday morning—on the Saturday morning, at a quarter before ten, Harrison came to me, and said he was perfectly satisfied with the fitting-up of his counting-house, with the glasses I had put up, and if I could let them be where they were till the Monday, I should have the money by three o'clock—I went there at half-past ten o'clock on Monday morning with a policeman—I had let the glasses be at the place in consequences of what these men had said to me—supposing Harrison had not paid me on the Monday, I should have taken them away, but they
were sold on the Saturday—I had my tools in my pocket—I value them at 6l. 16s.
Cross-examined by MR. PAYNE. Q. Edmonds said he wanted the glasses for Mr. Harrison, to fit up his private counting-house? A. Yes—he selected a pier-glass and a mirror—he did not say that day that the pressure of business was such that if I would come directly I should have a check—he might say the pressure of business was such, and he gave me this card—Edmonds told me where to fix them—Harrison was not there—he called Hobert in to see them—I made out a bill and left it there—Edmonds wished me to come at half-past ten o'clock the next morning—he said I should be sure to have my money—I was not allowed to go into the counting-house on Saturday.
ANTHONY CARROLL. I live in East-street, Finsbury. On Friday, the 27th of Aug., from twelve to three o'clock, Edmonds came to my place and said he had some glasses to sell, at Mr. Harrison's, at No. 3, Finsbury-chambers—I went there with him—I did not see Mr. Harrison—I saw two men in the counting-house—I could not tell who they were—3l. was asked for the glasses—I bid 55s. for them—they would not take that—on the Saturday, Harrison came to my house, and two other men with him—he asked me if I would give him the other 5s. for the glasses—I said, I did not mind giving the 3l. which he asked me—he told me to go at five o'clock in the afternoon—I went—Harrison was there, and two other persons with him, but not Edmond's—I had the glasses home—Harrison came to my house, and received 2l. 15s.—on the following Monday he came again for the odd 5s.—he get 3s. of it—I said "That left 2s."—he said he did not mind about the difference.
THOMAS PHILIPS (City policeman, 128.) I took the prisoners into custody—they were together—I searched them, and found 6d. and a penknife on Harrison, and on Edmonds a half-sovereign, six shillings in silver, seven duplicates, and some other papers—at the station, Harrison said the glasses were not sold, but were left for wages for two servants, and if the inspector would allow him he would take me where they were to be found.
Cross-examined. Q. Did you find them? A. No, my brother constable did—they received information, and went to Mr. Carroll.
JOHN MARK BULL (City policeman,151.) In consequence of the statemen Carroll made at the Justice-room, I went to Carroll's, and got this large glass—I afterwards went to Brewer's Hall, and got the other.
EDMONDS— GUILTY. Aged 23.
HARRISON— GUILTY. Aged 30.
Transported for Seven Years.
WILLIAM MILLARD. I am a hawker, and a bricklayer and plasterer, and live at Uxbridge. On the 13th of Sept. it was raining—I was standing under la tree in the Uxbridge-road—the prisoner came to me—we went to a beer-shop; the Prince of Wales—I took a piece of brown Holland from my pocket, with thirteen sovereigns and a half in it, tied up with a bit of twine—I put it into the same pocket again—the prisoner sat in the chimney-corner—she saw me take money out of the same pocket to pay my reckoning—I stopped there through the evening with the rest of the company—at night I went up stairs to bed—the prisoner followed me up—I told her she had better go about her business, I did not want her there—I undressed my-self, and I packed my clothes under my head—I do not know that she was there
then, but she was there very soon afterwards—she told me she should come to bed too—I had told her before that I did not want her there—I had seen her whispering to a man that she called cousin—she laid on the bed—she had taken off part of her things—I put the candle out—I went to bed between ten and eleven o'clock—I went to sleep, and awoke about three in the morning—I then missed my clothes from under my head—the prisoner was gone, and the window open—it is twelve feet or more from the ground—a shaw! was torn in half, and one of her aprons was torn, and fastened round a wooden spout on the top of the window—I had seen that apron on the prisoner—I rang for the landlord, and found my clothes under the bed—I could not find the piece of Holland that the sovereigns were in—we got a police-man, went after the prisoner, and found her very much intoxicated in a ginshop at Paddington—she had some silver in her hand, and was waving it about, and said she did not care—she saw me, and went to another door—the officer brought her out—she declared she never saw me before—she called me William, and she said, "Feel in your waistcoat pocket, and you will find a penny bit and a half-sovereign; I took it from the servants; you will find it there"—we took her to Uxbridge—she said she was very sorry she robbed me, that she would not bring anybody else into it; and if she was allowed to go with me, she would show me the man she gave it to, to take care of—a sovereign was found on her—she cried very much, and said she hoped I would forgive her, and if she had known I meant to take a policeman after her she would have taken every penny I had, and I should not have had a thing to put on my back—I did not know her before.
Cross-examined by MR. O'BRIEN. Q. Did not she say, "I robbed you, but took nothing but halfpence?" A. No—she said she had robbed me, and taken five pennyworth of halfpence as well—she asked me in the beer-shop to give her a pint of beer, and I did, as she declared she had but two farthings in the world—I did not allow her to come to my bed-room, but she would come—she said she had as much right there as I had—I had asked about four o'clock in the afternoon for a bed—she was there from two o'clock till ten, not in my company in particular—she was with a good many more—I was not drinking all the time—I treated her to a penny herring and some bread, and when the landlord came home we had some beef—I gave her some supper about nine o'clock—there was only the prisoner and the landlady in the room—the landlady stood waiting for the money for the reckoning—I did not open the bag—I paid for what I had in silver—I cannot say how many persons were in the house—a man came in that she called cousin—they went out together—I did not tell the landlady the prisoner was my wife—I do not think there was more than one bed in the room—I had not the slightest notion that the prisoner was to follow me up—I ordered her not to do it—she said she had as much right there as I had—I did not think she was coming, or wish her to come—she came up when I had got half my clothes off—I ordered her away—I extinguished the light—whether she was in the room then or not I do not know—I thought she was gone—I did not close the door—soon after, when she lay on the bed, I pushed her off the side of the bed with my feet, and told her she had no business there—she said I kicked her, but I did not—I did not call the landlady to see what was going on—the prisoner had two aprons on—it was the under one I recognized—I did not show this money to any one—I did not untie the cloth at all—I got the sovereigns by working for them—I deal in fish, when I have not enough to do—I bought upwards of 2000 herrings that week—I had had the sovereigns about
three days—I put them into the cloth at Marlow, where I sold the last of the herrings—I had not been drinking a good deal that evening—I did not have above four pints of beer the whole evening and afternoon—I had not taken anything to drink before two o'clock, except some coffee.
THOMAS PEACHEY (policeman T 64.) I took the prisoner into custody, on Saturday afternoon, the 4th of Sept., at Paddington—she had a small bundle with her; I searched it, and found in it this piece of rag—she was taken to the station—the searcher is not here.
Cross-examined. Q. Are there marks on it? A. Yes—I could swear to it from a thousand pieces—I had it on the Tuesday morning at a rag-shop at Marlow—I wiped my fish with some bits—the prisoner had 4s. 6d. in her hand, and one sovereign was taken from her bosom by the searcher.
GUILTY. Aged 40.— Confined Six Months
HANNAH SHORTER. I am the daughter of Stephen Shorter. On the morning of the 17th of Sept. I was in Farringdon-market with some fruit, and saw the prisoner—I went to another stand—he followed me—I stood there talking to a woman—the prisoner was near me—I felt him taking his hand out of my pocket—I saw him at the time—he got away about twenty yard—I followed him, caught him by his jacket and waistcoat, and told him he had picked my pocket—he said, "Don't be impatient"—he tried to get away, by leaving his jacket and waistcoat in my hand—I seized him by his shirt till Breddon came—I had had about 30s. in my pocket, in a yellow canvas bag, two half-crowns, and the rest in shillings and sixpences—there was only him and another man near me—he was the nearest—it was my father's money.
Cross-examined by MR. PARRY. Q. What time was it? A. About seven o'clock in the morning—there was no one within two yards of me but the prisoner and Mrs. Midds—she is not here—I did not catch the prisoner's hand—I seized him afterwards—I had never seen him before—I do not know the other man.
RICHARD BRITTEN. I live in Bear-alley, and am a porter in Farringdon-market—on that morning the prisoner and another person came and asked me about apples—while they were speaking, Hannah Shorter said she had been robbed—I saw the prisoner and another man walking away towards the corner, and saw the prisoner put something on the other man's arm—the other man then went towards the middle of the market, and the prisoner ran towards the back on the other side—he did not go out of the market—I assisted in taking him, and went for the policeman.
Cross-examined. Q. Were they asking you the price of apples? A. The other man was—there were a great many people about the market, but not near there—Hannah Shorter has a stand there on market mornings—she was not very much excited.
GUILTY.* Aged 23.— Transported for Seven Years.
MR. PRENDERGAST conducted the Prosecution.
SARAH RING. I am wife of John Ring, and am shopwoman to John Cherry a confectioner, at Brentford—he supplies shopkeepers in the neighbourhood—the prisoner was in his service—on the 12th of Aug. some good were delivered him, amongst them were some for Mr. Cantrill, of Windsor, with this bill for 16s. 7d.., which he was to receive—he took goods to that amount—he returned and accounted to me for 10s. 7d.—the bill was altered to 10s. 7d.., and that sum is put against it in the margin as what had been received, in the prisoner's handwriting—here is another of Mr. Cantrill's bills, on the 22nd of July—on that day the prisoner received some goods to take to Mr. Cantrill—he was to receive 14s. 11d.—he accounted for 10s. 11d.—here is the entry of 10s. 11d. by him—in the other column the 14s. 11d. is altered to 10s. 11d.—I took particular notice of it as soon as he returned—here is another bill of the 30th of Aug., when he was to deliver goods to Mr. White, and received 6s. 11d., that is entered in the column—he accounted for 1s. 11d. as received—the bill is altered from 6s. 11d. to 1s. 11d.
Cross-examined by MR. BALLANTINE. Q. None of this is in your hand-writing? A. No; I am certain the goods went out—I saw the whole of them packed up, but I did not see anything beyond that—the shopman put the 16s. 7d. in this bill, and the 10s. 7d. is the prisoner's writing—at the time the prisoner received the bill, and these figures were down as the value of the goods going out—he has to put in another column what money he receives—he has not to put down a smaller amount if goods are returned, they are put down in another part of the list as returned—he ought not to alter the list—the clerk males out the amount and the prisoner takes it with him—I kept a copy of this list—in this other list here is 14s. 11d. in the clerk's writing, and it is altered to 10s. 11d.—there is no book kept in which these entries are made, previous to the bill being sent out—the prisoner has been in Mr. Cherry's employ ten or eleven years.
MR. PRENDERGAST. Q. Did you see the prisoner take out goods to that amount? A. I saw the goods packed up for him, and he went out with a horse and cart.
----CANTRILL. I live at Windsor. On the 12th of Aug. I received goods by the prisoner from Mr. Cherry, and paid him 16s. 7d.—on the 22nd of July he brought goods to my house to the amount of 14s. 11d.—I paid him 14s. 11d.—I have my cash-book here, and I find the corresponding entries on those two days—I paid him myself.
Cross-examined. Q. Were these entries made at the same time? A. Yes; in the prisoner's presence—I always paid on the day the goods were delivered I have not the bills of them—I never keep them.
Cross-examined. Q. Where are these bills kept? A. On a file, in the shop-parlour—these two have been filed—this other was doubled up in my desk—it was the prisoner's duty to account to the shop-woman on the following
morning—I have repeatedly sent out goods, and a portion of them has been returned—those which are returned are accounted for at the bottom of the list—if people could not pay the money, and we would not trust, the goods were brought back—on the 12th of Aug. some tins were returned—he has given credit for them at the bottom of the list—the figures were never altered, that would not be proper.
MR. BALLANTINE to SARAH RING. Q. On this 22nd of July, how much money did you receive altogether from the prisoner? A. 10s. 11d., for Mr. Cantrill; but 7l. 4s. 5 1/2d. in all—I did not take down a memorandum at the time—I copied it from the list when the prisoner put down the amount—I looked over it, and found it as he made it.
GUILTY. Aged 24.—Recommended to mercy by the Prosecutor.— Confined Seven Days
OLD COURT.—Wednesday, September 22nd, 1847.
Third Jury, Before Edward Bullock, Esq.
GUILTY. Aged 21.— Confined Three Months.
2050. RICHARD OVERTON was indicted for feloniously breaking and entering the counting-house of William Broadhurst and another, and stealing therein 14lbs. weight of sugar, value 50s. 6d., the property of Charles Ross; to which he pleaded
GUILTY. Aged 35.— Confined Twelve Months.
CHARLES BULTER. I am in partnership with Charles Lambert, of No. 142, Drury-lane—we sell tobacco—the prisoner has been in our service about five years. On Saturday, the 28th of Aug., my partner paid him his wages—I saw him going away, called him back, and said, "Jacob, before you go, as I have long suspected you of robbing us, I shall have you searched before you leave"—I had previously told an officer to be in attendance—I called him in—the prisoner said he had not robbed us, and requested to go back—we went back into the warehouse—I said, "It is no use, I am going to have you searched"—he said, "It is all over; I am done for"—I saw 4 lbs. 12oz. weight of tobacco found on him at the station; it was the property of myself and partner.
Cross-examined by MR. PARNELL. Q. Is it leaf tobacco? A. No; manufactured—the prisoner had 23s. a-week—we allow the men about 2 oz. weight of tobacco a-week for their own smoking—there are 76 oz. weight here—I have not missed any tobacco, but I can swear this was taken from our stock—we had cut a good deal of this kind that day—the prisoner was not employed by us to sell on commission; I am not aware of his having done so—we have thirty-two men, women, and boys, in our employ—the cigar-makers are allowed cigars; but some prefer tobacco—I do not know that they are in the habit of selling their allowances to each other—the men are given the tobacco over the counter, as they go out of the shop—it is about 2 oz.—it is not weighed.
JAMES BROWN (policeman.) I was called into the warehouse—the prisoner was given into my custody—he said, "It is all up with me; I am done for"—I searched him at the station, and found the tobacco produced, in his side-pocket, and trowsers and coat-pockets, and his hat.
GUILTY. Aged 37.—Recommended to mercy by the Jury.— Confined Six Months
Before Mr. Baron Platt.
The forged order having been returned to the prisoner, was not produced, and the prisoner was
MR. CAARTEEN conducted the Prosecution.
WILLIAM FLETCHER. I am shopman to John Cramp, a butcher, of High-street, Whitechapel. On the 27th of Aug. this note produce was presented to me at my master's shop—I do not know who by—the articles required were not given—Mr. Sockett was a customer of my master's.
RICHARD SOCKETT. I keep the Cranbrook dairy, Aldgate, and deal with Mr. Cramp. The prisoner was in my employ about six months—I believe this paper to be his writing—he was not in my employ on the 27th of Aug., he had left, I should say, five months before—I had given him no authority to write this order.
Prisoner. Q. Where did you see me write? A. I employed you to make a list of the men's walks for me—I saw you copy it up stair in the office—there was no one in the room when you were writing—you were in my employ that week as an odd ma—I have had frequent opportunities of seeing you write—I have seen the receipts to several bills which you received six months ago, and did not account for—they have been returned to me—I have seen you write quite sufficient to know that this is your writing—you acknowledged the receipts on the bills to be your writing.
COURT. Q. How was the prisoner employed? A. First as a carrier, and afterwards as an odd man—he would have writing to do as a carrier—we send out the bills to the customers—the man are allowed to receive them—I did not see the bills made out by him before they went to the customers—his duty was not to write anything which came under my cognizance while he
was carrier, all his writing would go to the customers—when I changed his employment, he had to look after the men as a sort of spy, to see that they did their duty, and to take a list of their walks—he had perhaps fifty or sixty names to write down on each beat—he continued a week in that capacity, and then was employed to deliver milk and butter—that would require no writing, unless he received money on our account—I have had such an opportunity of seeing his writing, as warrants me in my belief that this is his.
CHARLES COLLINGRIDGE I superintend Mr. Sockett's business. I knew the prisoner when he was in his employ—I have seen him write frequently, so as to recollect the character of his writing, and believe this order to be his.
Prisoner. Q. When did you see me write? A. I saw you write a letter—you did not let me look at it, but I was close to the table while you were writing—I cannot tell what it contained.
COURT. Q. Did you ever see him write anything else? A. Nothing but letters—they were not written for his employers—I did not look over him, so as to see what he wrote, but was close enough to discover the style of his writing—I saw the head of the letter, "3, Mitre-square," where I lived—I never saw him write on any other occasion.
MR. CAARTEEN. Q. Have you ever seen him writing about his master's business? A. No—(order read—"Aug.27, 1847. Please let beater have a leg of mutton for roasting, 1lb. of suet, and 8lbs. of beef. R. Lockett, Cranbrook Dairy.")
MR. CAARTEEN conducted the Prosecution.
WILLIAM FLETCHER. I am shopman to MR. Cramp. O n the 6th of Sept., about six o'clock in the evening, this note produced was presented to me—I do not know who by—I refused to give anything for it—the person went away—he had brought this basket with him—(produced)—we detained the basket and note, supposing all was not right—we did not seize the lad, because we thought he had nothing to do with it—I and my fellow-servant went into Aldgate with him, to see if we could see the man that gave it him—the lad is not here.
JOHN BEST. I live at No. 6, Hartshorn-court, Little Moorfields. On Monday, the 6th of Sept., the prisoner gave me a basket and cloth—in my opinion these produced are the same—I did not open the cloth.
JURY. Q. How do you know the basket? A. Because it was the same shape and size, and was rather dirty, as this is—there is nothing else that enables me to know it.
Before Mr. Justice Williams.
DANIEL MAY (City policeman, 357.) On the 6th of September, about one o'clock, I saw the prisoner, with two other, going up Ludgate-hill, on the right hand side—they went into Ludgate-street—there was a lady walking on
the pavement, they turned back after her—I saw the prisoner walk behind her some little distance, put his hand into her pocket, and take something out—I took him into custody—the other two ran away—I did not lose sight of the prisoner—I searched him, but found nothing on him—I had no opportunity of seeing whether he passed anything to his companions; they were so close to him, that he might have done so without my seeing it—I took the prisoner to the lady, and asked her, in his presence, whether she had lost her purse—she felt in her pocket, and said she had—when I took the prisoner, he said I was mistaken.
CATHERINE HALTON. I am single, and live at Hoxton. On the 6th of Sept. May spoke to me on Ludgate-hill, and asked if I had lost anything—I felt in my pocket, and missed my purse—there was a sovereign and a half-sovereign, three half-crowns, and a shilling in it—I had put my hand into my pocket at the corner of Ludgate-hill, to take out my handkerchief, and am quite sure I had it then.
Prisoner. I am innocent.
GUILTY. Aged 19.— Confined Three Months.
Before Mr. Baron Platt.
MR. PARRY conducted the Prosecution.
HENRY CLAPHAM FULLER. I am an oil and colourman, at No. 39, Bridge-house-place, Newington. The prisoner was in my employ as traveller, on the 23rd of June, and had been so since the latter end of Dec.—I remember his bringing an order, purporting to come from Mr. John Rentall, for goods to the amount of 42l. 4s.—they were sent in a hired cart—I cannot find out where to—I have made inquiries to ascertain—a short time after that, the prisoner said if I would draw a bill on Mr. Rentall, Mr. Rentall would accept it, as he was rather short of money—I consented—I drew this bill, which I produce, and gave it to the prisoner on the day it bears date, 23rd of June, 1847—he took it away, and brought it back the same day, with this acceptance on it—he was absent four hours—it was due on the 10th of July, but was not presented then, because the prisoner came and said Mr. Rentall was short of money, and if I would hold it over for a week, he would pay me interest—I presented it at the end of the week, it was not paid—I saw Mr. Rentall—(The bill being read, was drawn by Henry Clapham Fuller on Mr. John Chapel Bennett, oil and colourman, High-street, Shoreditch, for 42l. 4s., at fourteen days—Accepted, J. RENTALL.)
JOHN RENTALL. I am an oil and colourman, and live in High-street, Shoreditch—the prisoner was my apprentice—he left me when his apprenticeship was up, seven or eight years since—the acceptance to this bill is not my writing—I do not know Mr. Fuller—I never received any goods.
JOSEPH HUGGETT (City policeman, 484.) I took the prisoner, and told him it was for forging an acceptance—he said if Mr. Fuller would only give him till two o'clock the next day the money should be paid.
(William Tyler, dissenting minister; William Smith, commission agent; and George Thorn, formerly an attorney, of Rotherfield-street, Islington, gave the prisoner an excellent character.)
GUILTY. Aged 33.—Strongly recommended to mercy by the Prosecutor and Jury. — Transported for Seven Years
Before Mr. Justice Williams.
MR. PAYNE conducted the Prosecution.
MARY BRITTAIN. I am the wife of Edward Brittain—this order (produced) was brought to me on the 4th of Aug. by Lipscomb the barman—I gave him twenty sovereigns, my husband's money, for it, to give to the prisoner—I was in the parlour at the time, looked to see who brought it, and saw the prisoner.
Cross-examined by MR. BALLANTINE. Q. Lipscomb has left you? A. Yes, he had given notice previously—he did not call my attention to the prisoner—he only said Mr. Dobson could have the gold again if he particularly wished it—the door to the parlour from the shop was quite open—I had seen the prisoner before—I did not see him till the check was brought in—I am quite certain I did see him—I had to see whether it was right or not—I was not asked by the Magistrate whether I saw the sovereigns paid—I did not answer more than I was asked.
MR. PAYNE. Q. Did you see what Lipscomb did with the sovereigns? A. I saw him give them to the prisoner, I heard them counted on the counter.
AUGUSTUS HENRY LIPSCOMB. On the 4th of Aug. I was barman to Mr. Brittain, of Leather-lane, Holborn—the prisoner brought this check, and asked if I would oblige Mr. Dobson, his master, with change for a 20l. check—I was in the shop at the time—I gave it to Mrs. Brittain, and got 20l. in gold for it—I gave the gold to the prisoner, and said, "I suppose it is all right"—he said "Yes, and if there is any doubt Mr. Dobson will take the check in the evening, and return gold for it"—I had no suspicion that it was forged.
Cross-examined. Q. What made you ask if it was all right? A. It is my business to do so—it is a custom I have always seen done in a situation I was in at a publican's in Soho—I was in the habit of changing checks at times—Mrs. Brittain was looking through the bar parlour window, and saw me give the prisoner the money—I knew Mr. Dobson.
JOSEPH DOBSON. I am a grocer of 69, High-Holborn—the prisoner was in my employ—I discharged him the day previous to this—I did not send him with this check on the 4th of Aug., to get it changed—he never changed a check for me in his life—I never send a check to get changed except at my bankers', the Bank of England—this is not my check at all—the prisoner never brought me twenty sovereigns for it—Mr. Brittain returned the check to me, stating that my young man got 20l. on it there.
CHARLES GORDON. I am a distiller—I took this check in payment from Mr. Brittain—I do not know the day—it was about the 9th Aug.—I sent it to Fuller's the bankers by one of my clerks who is not here—I have not received payment for it.
Cross-examined. Q. Have not you any "Thomas Smith?" A. No—I have ascertained that by our returns, I have looked through them myself—we have some Smiths.
MR. PAYNE. Q. Do you pay checks? A. I mark them for payment—it
is my duty to ascertain whether a person signing a check is a customer of the house—(check read—"Aug. 3, 1847, London and County Banking Company—Pay Mr. Dobson or bearer, the sum of 20l.—"Thomas Smith.")
JAMES BURTON (policeman M 272.) I took the prisoner into custody at 76, Harbour-place, New-road—he denied all knowledge of this—in about ten minutes after that his mother was hanging about his neck, and from an observation that dropped from her he said the money was all gone—she said if Mr. Brittain got his money he would not press any further, and then the prisoner said, the money was all gone.
GUILTY of uttering. Aged 21.— Transported for Ten Years.
(There was another indictment against the prisoner.)
NEW COURT, Wednesday, September 22nd, 1847.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Alderman; Sir JOHN PIRIE,
Bart., Alderman; and Mr. COMMON SERJEANT.
Fifth Jury, before Mr. Common Serjeant.
2058. THOMASINA NEAL was indicted for stealing 9 handkerchiefs, value 13s. 6d.; 1 sheet, 4s.; 1 shift, 1s.; 2 towels, 2s.; 1 shawl, 1s. 6d.; and 1 flannel petticoat, 6s. 6d.; the goods of Frances Rodwell, her mistress;— also on the 9th of Aug., 1 waistcoat, 5s.; the goods of Joseph Crompton;— also on the 29th of Aug., 1 pair of boots, 8s.; the goods of Henry Walker Williams; having been before convicted of felony; to which she pleaded
GUILTY. Aged 45.— Confined One Year.
2059. WILLIAM ELSTOB was indicted for stealing 18 pairs of trowsers, value 14l.; 2 coats, 4l.; 3/4 of a yard of velvet, 10s.; 14 pairs of drawers, 1l.; 1 3/4 yards of kerseymere, 7s. 6d.; and 2 yards of drill, 2s. 6d.; the goods of George David Doudney and another, his master; to which he pleaded
GUILTY. Aged 36.— Confined Nine Months.
GUILTY , and received a good character. Aged 48.— Confined Six Months.
GUILTY. Aged 22.— Confined Three Months.
EDWARD JOPSON. I am a general dealer, and live in St. John's-passage, Old-street-road—the prisoner was my servant—I trusted him out on the 16th of Aug. with a barrow—he should have brought it in that night, but I saw no more of him till he was in custody—I found my barrow at Kenworthy's.
Prisoner. The barrow I sold I considered my own; the prosecutor made an agreement to give me the barrow I worked with, provided I would give him a share of the profits.
Prisoner. In the deposition you will find that I have a share of the profits; he finds money to go out to sell things, and he allowed me one-third of the profits of the sale. Witness. Yes; he was to have one-third of the profits of the sales, but he had no right whatever to sell that barrow.
(The prisoner received a good character.)
GUILTY.* Aged 21.— Confined Nine Months.
WILLIAM CARR. I live at No. 151, Bishopsgate-street, and am a cheese-monger—the prisoner was in my service. On Tuesday, the 24th of Aug., I cleared out the tills, and emptied four tills into the one with a look—I discovered two shillings between the till and the bowl—I expected they were put there for some improper purpose, and I marked them before my wife, and put them there again—I have seen them since in the policeman's hands.
Cross-examined by MR. ROBINSON. Q. What time were you up the next morning? A. About seven o'clock—I marked the money on Tuesday night—I did not examine the till until Wednesday night—I then found one shilling was gone, and on Thursday morning the other shilling was gone—the prisoner had been in my service about nine months—Ray had been in my service five or six weeks—I do not know that the prisoner was about to leave—I do not know that he had an offer from some cheesemonger near me—he has never told me that people have complained to him about short weight—people have not complained to me—I cannot account for my men when I am out—I have been three times fined for short weight—sometimes we are busy when the jury come in, and there is sometimes more draft in consequences of the wet—the weights are not short, it is from the scales—I pay the man for adjusting the scales, and we cannot alter them—there are no bowls to the scales—on the Wednesday night I found one of the shillings was gone, and the next morning I called the young men at half-past six or a quarter to seven o'clock—they got up—the carman was down first, and the prisoner next—I went for the policeman, and called the prisoner in—I said to him, "If you will acknowledge the thing, I will not give you into custody"—I said that once or twice—I did not say it half-a-dozen times—he said he had nothing to confess—I did not call him back when he was going out, and say I would forgive him, Mrs. Carr did—I did not have the cellar searched, nor did Mrs. Carr—the policeman went down into the cellar, and searched—I do not know who told him to go down, I think he went without my telling—nothing was found there—the prisoner was then at the station—the porter had not been
in the cellar before the prisoner was taken to the station—he was in the cellar afterwards, cleaning the tools—I went down and searched the cellar with the policeman, but we did not search every hole and corner—it is generally the porter's duty to clean the tools—if he were out, the boy might do it—I am not aware that I have ever attributed to Ray that he has robbed me, or suggested that I had lost things, and thought he had taken them—I do not remember anything of the sort—I will swear I have not suspected him, to the best of my knowledge—I do not think I have—I have never talked to Mrs. Carr about suspecting him—a number of persons serve in my shop—we do as much business as we can.
HARRIET CARR. I am the prosecutor's wife—I was present when he marked some shillings on the Tuesday evening, and on the Thursday morning I saw the prisoner take a shilling out of the crevice of the till with a knife—I am sure of that.
Cross-examined. Q. You are quite sure? A. Yes—I saw the shilling after it was out of the crevice, on the top of the bowl, while the prisoner was at the till—the shop was not open—it was quite light—we have a window at the top of the shop—the till is about half a yard from it, pretty close under the window—the shutters were not down—the fanlight is over the door, and there is a very large skylight over the shop, which gives a very great light—I was examined before the Magistrate—this is my signature to this deposition—I did not say I saw the shilling in the prisoner's hand—I saw him take it out with the knife, and saw it lying on the top of the bowlvery likely I did not tell the Magistrate I saw the prisoner take the shilling out—(the witness's deposition being read stated "This morning I saw the prisoner go down stairs softly, go behind the counter, draw out the till drawer, I saw him using a knife in the crack of the till; he then went to open the door")—I made the same statement then that I do here—I saw him take the shilling out which the knife, and saw it on the bowl—I was on the staircase—I had not seen Ray that morning: he did not come down for a quarter of an hour after I saw the prisoner go to the till—I did not see Ray go down to the cellar—I do not attend to my husband's business—I have not expressed myself strongly with respect to Ray—I have never said to the prisoner that Ray took soap—I may have said that they used a good deal of soap—Ray did not suit us—I did not know that the prisoner had had an offer to go to another shop—there has been no complaining of short weight—there have been charges against my husband about short weight, but he was not deserving of them.
JOHN RAY. I am porter to Mr. Carr. On Thursday morning, about ten minutes before seven o'clock, I went down stairs from my bed-room—I went with the prisoner into the shop, and then down stairs to fetch up some cheeses—he fetched the first two, then I fetched two, he fetched the third two—I swept up the shop—I then went down into the cellar, and there was a tub, and I saw some saw-dust on the board the money was on—I hit my head against it, and that made a jink—I drew out the board, and there were these three shillings.
Cross-examined. Q. You had been down in the cellar two or three times before the prisoner was in custody? A. Only once—I have borrowed money of the prisoner—I now owe him 1s. 6d.—I asked him to lend me money, and he declined to lend it—the board lies on the top of the grate in the cellar—it used to be a kitchen—it is about three feet from the ground—the cellar is pretty light—I do not know that I could have seen the three
shillings if my eye had been in that direction—there were other pieces of board laid by the side of it—I believe Mr. Carr and the policeman had been down in the cellar searching—they were down stairs perhaps five or ten minutes—I got up about ten minutes after the prisoner that morning.
2065. ALFRED COVALL was indicted for burglariously breaking and entering the dwelling-house of Susan Ramsey, about one o'clock in the night of the 25th of Aug., at St. Leonard, Shoreditch, with intent to steal, and stealing therein, 2 gowns, value 3l. 15s.; 1 hood, 4s.; 1 pair of bracelets, 5s.; 1 shoe, 6d.; 1 sixpence; and 1 farthing; the property of Ebenezer Webber.
ELIZA WEBBER. I am the wife of Ebenezer Webber. I occupy two rooms at No. 1, Gloucester-street, Haggerstone. On the 25th of Aug. I went out to an evening party—I left home at half-past nine o'clock—I returned at a quarter before one o'clock—I found my apartments had been broken into, and the prisoner was at the station-house—the articles now produced were gone—they had been safe when I left home—these bracelets were in a box, and all the other thing in the room—the parties had got in by the back window, which had been fastened, when I came home it was wide open—it had been opened by putting a hand through a pane, (which I had accidentally broken myself,) and opening the catch—this is all my property.
Cross-examined by Mr. O' BRIEN. Q. Where was this evening party, was it a ball? A. Yes, at the Hall of Science in the City-road—I believe Mrs. Ramsey is not here—I have seen her but once since this occurred, which was on the morning of the 26th of Aug.—I do not know what has become of her—she left on the morning after the robbery—I did not leave her in the house when I went out that night, she had gone out before me—she was at the Hall of Science—my husband was not there—he is with his mother at Bethnal-green—none of my family lived with me, I lived alone at that time—I had broken the window a week before—it was not my bed-room—I do not know whether that would be a convenient way of letting any one in who wished to come in by the back way—my landlady had not a key to let herself in and out—there is but one key and I had it, she gave it me—she came home a quarter of an hour after me—there was only the landlady and I living in the house—I had lived there four or five weeks—there are four rooms and the kitchen in the house—I do not know whether the landlady is married—I do not know much about her—I placed the key of my room door under the mat outside the parlour door—I have three children who are with my husband's mother.
RICHARD BIGDGEN (policeman N 229.) On the 26th of Aug., ten minutes before one o'clock in the night, I was on duty in Haggerstone, behind the prosecutrix's house, and found a bundle—I looked over the wall, and saw the window of the house was open—I placed myself in an unfinished house where I had a view of the bundle—I saw the prisoner come—he looked round and took it up—I rushed out and took him—he said, "Policeman, it is all right"—I said, "I must know more about it"—he said, "I took them out of the house"—he said the landlady was moving, he was to take the thing for her—I took him to the station—I found on him these bracelets, one shoe, sixpence farthing, a pair of scissors, and this little box in his pocket—I went back to the house—Mrs. Webber was just come home—she said she had been robbed—I went into the house—the whole of the bedding and wearing apparel was packed up ready to go away—there was a trunk broken open; this is the hasp of it—it appeared as if some person had gone through the window—this is the bundle the prisoner had.
Cross-examined. Q. Where was this bundle planted? A. Against the wall at the back of No. 1, Gloucester-street—I had been watching the bundle about ten minutes—the bridge leads right past No. 1, Gloucester-street.
COURT. Q. Do you know the parish? A. Yes, St. Leonard, Shoreditch
Cross-examined. Q. How do you know? A. I went to her to ask.
COURT to ELIZA WEBBER. Q. What is the name of the lady at whose house you lodge? A. Susan Ramsey—I have heard her called so by her mother—her husband is at sea—I am given to understood she has a husband—I always called her Mrs. Ramsey—I know nothing about her husband—I never saw any man there—she pays the taxes herself—I am only a weekly tenant—she occupies the house, and pays Mr. Clark the rent.
Cross-examined. Q. Did any one live with her? A. No one—she had only one female lodger—I saw the prisoner speak to the landlady one day.
(The prisoner received a good character.)
GUILTY of larceny only. Aged 28.—Recommended to mercy by the Prosecutrix. — Confined One Year
MR. CLARKSON conducted the Prosecution.
GEORGE YARROW. I am parish-clerk of St. Leonard, Shoreditch. I was present at the prisoner's marriage with person named Henry George Russell on the 17th of Feb., 1841—I have the register of marriages here—I was a subscribing witness—she was married in the name of Caroline Mary Norman—I saw Henry George Russell about a month ago at the Mansion House on the examination, and on the night before.
Cross-examined by MR. BALLANTINE. Q. Did you know him before? A. I knew him by sight—I knew his family—I know nothing of his habits after the marriage—I did not know he was living with a women—he belonged to a respectable family—I have heard he conducted himself very improperly to the prisoner—she told me so herself—he said he should be happy to live with her again.
On the 25th of July, 1847, I was present there at the prisoner's marriage with Mr. Stephens—he married him in the name of Caroline Mary Norton—I subscribed the register, and produce it—(the registers were here produced and read.)
HENRY SMITH (police-sergeant, A 28.) I took the prisoner in Alfred-place, Tottenham-court-road—I told her I apprehended her on a charge of bigamy, for marrying Mr. Stephens on 25th of July, her former husband being alive—she said, "It is the fact; we can't deny it"—Mr. Stephens said, what authority had I for apprehending her—I showed him the two certificates he read them, and said to her, "My dear, they are correct copies," and she admitted it many times—she said Mr. Stevens knew she had a husband living, and he confirmed it.
Cross-examined. Q. Did you know her former husband? A. I did not till a day or two before she was apprehended—I have heard various things about him, some good and some bad.
GUILTY. Aged 25,—Recommended to mercy by the Jury.— Judgment respited.
JOSEPH COUCH. I am chief mate of the barque Priscilla. On the 19th of July I fell in with the prisoner near London-bridge, and went with her to the entrance of the London Docks—we went up Brown Bear-alley, and had some conversation—she then made a start from me—I did not miss anything—I saw two policemen, who asked me if anything was the matter—I said, "No"—I went round the corner, and found the two ends of my watch-guard hanging down, and my watch was gone—this is it.
Prisoner. Q. Did you not give me the watch in the place of a shilling? A. No, I did not—I gave five guineas and half for it thirty years ago.
JOSEPH LLOYD (City policeman, No. 62.) About four o'clock last Sunday morning I saw the prosecutor—he said he had been robbed of his watch—the prisoner came along—I went and stopped her—I found this watch and handkerchief in her right hand—the prosecutor said, "Give me my watch"—she said she knew nothing about it, and had not got it—I took it from it from her, and asked him if it was his—he said it was—she then said he had given it her.
Prisoner. Q. Did I not say, "Here is the watch, he gave it me for a shilling?" A. After I took it from you, you said he gave it you for a shilling.
Prisoner's Defence. He gave me the watch; I am quite innocent of stealing it.
GUILTY. Aged 26.— Confined Three Months.
driving a wagon in Earl-street, Blackfriars—I had three baskets in it containing salad-oil—a gentleman told me that a person had taken a basket out of the back of my wagon—I went in pursuit of the man round the corner—I saw the prisoner with the basket on his shoulder—he dropped it—I followed and overtook him—I am sure he is the man that it—it was in my care, and was the one I had lost.
Prisoner's Defence. I was coming from Billingsgate; a respectable man came to me, asked if I wanted a job, and gave me the basket to carry round the corner; I had not gone many yards before the witness came after me, cut me with his whip, and I dropped the basket.
GUILTY. Aged 23.— Confined Six Months.
The Prosecutrix not being able to state what money she had lost, the prisoner was
SOPHIA MAYNARD. I am barmaid at Peel's coffee-house, in Fleet-street, kept by Mr. Thomas Phipps Austin. On the 1st of Sept. the prisoner came in—we kept the gold and silver on a shelf in the bar—the gold was in a horn, and the silver was on the shelf—I heard a jink, that induced me to look, and I saw the prisoner on the counter, with his hand on the horn—I looked at the shelf, and the silver was gone, I suppose there was about 5l. worth—I called out, "Thief, thief, he has stolen all the silver!"—the porter came, and ran after him—I followed him till he was caught—5l. worth of silver was found on him, and 4d. in copper—he had no gold—he had left in the horn.
Cross-examined by MR. ROBISON. Q. Did you ever see the prisoner before? A. No—directly he saw me he jumped off the counter and ran out at the door—he had the horn in his hand, and he put it down and ran away—I did not see him again till our porter had him by the coat, bringing him back.
Cross-examined. Q. Where did you first see him running? A. Down by the Daily Newspaper office.
EDWARD BRYANT. I was passing up fetter-lane about a quarter-past three o'clock—I saw the prisoner and another man by the coffee-house door—the other man put his head inside the coffee-house, first, and then the prisoner went in—he came running out in a minute, and as he passed the other man, he said "five pounds"—he ran off—I pursued him, and called, "Thief"—I never lost sight of him till he was stopped in Temple-street.
Cross-examined. Q. What were you doing? A. I had taken a parcel to the White Horse, in Fetter-lane, and was then returning—I stood there about five minutes—I distinctly heard what took place—I was three or four yards from them—the other man was standing by the corner of the house—I heard
no conversation till the prisoner came running out of the door-way—he ran right between the two of us—I was standing at the post, as if looking towards Temple-bar, and the other man by the corner of the house—the prisoner said, "Five pounds"—he did not say it to me—he was stopped by a gentleman at the corner of Temple-street, and the porter came up to him when he was stopped.
GUILTY. Aged 18.— Confined Six Months.
MARY ANN HARE. I am the wife of William Hare—the prisoner was in his service. On the 22nd of May I gave him a sovereign to fetch some vegetables—I sent him to Mr. Edwards, but he went to Mr. Hills—he came back with the vegetables, and told me the brocoli came to 1s. 9d., and the other articles had made it up 2s. 1d., and he gave me the balance out of the sovereign—he told me had paid for the articles, and he had had them of Mr. Edwards—this is the bill of the things.
GEORGE HILL. On the 22nd of May the prisoner came to me for some broccoli and other things—they amounted to 2s. 1d.—this is my bill—he did not pay me—he had then on Mr. Hare's account, the prisoner was in the habit of doing so sometimes.
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor. — Confined Three Months
(There were two other indictments against the prisoner.)
OLD COURT.—Thursday, September 23rd, 1847.
PRESENT—Mr. Baron PLATT; Mr. Justice WILLIAMS; Sir CHAPMAN MARSHALL, Knt.; Sir JOHN PIRIE, Bart.; Sir WILLIAM MAGNAY, Bart., Aldermen; Mr. Alderman GIBBS; Mr. Alderman WOOD; and EDWARD BULLOCK, Esq.
Second Jury, before Edward Bullock, Esq.
2072. FREDERICK HATT was indicted for burglariously breaking and entering the dwelling-house of James Leadbetter, about two in the night of the 3rd of July, at St. Leonard, Shoreditch, and stealing therein 2 dead ducks, value 4s. 6d.; his property: 1 coat, 2s.; the goods of George Carter; and 1 pair of trowsers, 1s.; the goods of George Badcock; to which he pleaded
GUILTY. Aged 17.— Confined Eighteen Months.
(There was another indictment against the prisoner.)
GUILTY.** Aged 15.— Confined Twelve Months and Whipped.
GUILTY. Aged 46.— Confined Three Months.
MR. ROBINSON conducted the Prosecution.
WILLIAM NICHOLLS. I am a messenger at the Middlesex Hospital—the prisoner was kitchen-maid there. On the 10th of Sept., about twelve o'clock in the day, I went down to a closet, and found this apron (produced) tied up, containing six loaves of bread and about 3lbs. weight of beef—it was a closet to which she had access—it was the same description of bread and meat as were used in the house.
ALEXANDER SHEDDON. I am secretary to the hospital. In consequence of information, I went into the kitchen with the matron—the apron was shown to the prisoner in my presence—she said it was hers, and on being asked, said she had lent it to no one—she was asked how the provisions came there—she said she had put it there to give a starving friend, but not for the purpose of selling it—the president, vice-presidents, treasurer, and governors of the Middlesex Hospital are the owners—they were 12oz. loaves.
JOHN CARTWRIGHT WOOD (policeman E 24.) I took the prisoner into custody—I produce the bread and meat—she begged Mr. Sheddon not to give her in charge, as it was the first time she had done such a thing.
GUILTY. Aged 34.— Confined Three Months.
ANN KUFF. I am the wife of James Kuff, a groom, of Whitehall-place, Forest-gate, Essex. On the 25th of Aug., about half-past eight o'clock in the evening, I was standing in a crowd at Bow-fair—I felt something at my right side, looked round, and saw the officer holding the prisoner—he told me I had had my pocket picked, and I found I had lost 8 1/2 d., which had been loose in my pocket—I know it was there half and hour before—I had 1s. 8 1/2d.
HENRY BARR (policeman.) I was on duty at Bow-fair, in plain clothes, and saw the prisoner go by the side of Mrs. Kuff, lift up her dress, put his right hand into her pocket, pull out something, and drop her dress—I caught hold of his right hand—he had some money in it—I attempted to take it—he threw it on the ground—I picked up 6 1/2d.—there was a great crowd.
Prisoner's Defence. I was in the fair; some boys came running by, and the policeman seized me; I never touched the woman.
JAMES BRANNAN (police-sergeant G 20.) I produce a certificate of the prisoner's former conviction—(read—Convicted Nov., 1845, and confined six months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 16.— Confined Twelve Months.
NEW COURT.—Thursday, Sept. 23rd, 1847.
PRESENT—SIR CHAPMAN MARSHALL, Knight Alderman; Sir JOHN PERIE, Bart., Alderman; and Mr. RECORDER.
Sixth Jury, before Mr. Recorder.
2077. FREDRICK STRICKER was indicted for stealing 2 saws, value 9s.; 1 screw-driver, 2s.; 1 pair of dividers, 1s.; 1 pair of pincers, 6d.; and 1 chisel, 6d.; the goods of David Carline: and that he had been before convicted of felony; to which he pleaded
GUILTY. Aged 52.— Confined One Year.
GUILTY. Aged 33.— Confined One Month in Newgate.
GUILTY. Aged 17.— Confined One Month.
GUILTY. Aged 26.— Confined for Three Months.
GUILTY. Aged 17.— Confined One Month.
PRENDERVILLE pleaded GUILTY. Aged 15.— Confined Six Months, and once privately Whipped.
SANDERS CONDUN. I am the son of Lewis Condun, and live in Alfred-place, Holland-lane, Kensington. On the 17th of Aug., I was going up the lane, I saw the prisoner Nagle standing at the parlour window of my father's house—he went to the door—Prenderville came out of the parlour door, joined Nagle, and they went up the lane together—I went and told my father, and missed from the house an inkstand, three silver tea-spoons, a little ivory wheelbarrow, and a brooch, which I have since seen in the hands of Clark—they had been safe at seven o'clock that morning—the door of the house was left open, as it was a warm day.
JAMES CLARK (police-sergeant T 13.) On the 17th of Aug. I took the prisoners into custody—after they had been in custody a short time I went to Prenderville's cell, and he voluntarily gave me an account, in consequence of which I found this inkstand in a lane leading to Lord Holland's mansion, and this pincushion in a lane about half a mile from Lord Holland's.
Prisoner Nagle. I was sitting down with my basket; Prenderville came
and took my basket, and went to the door of the house; I went after him when he came out.
William Prenderville (the prisoner.) I did it; no one but us two were engaged in it; Nagle was sitting in Lord Holland's-lane, with a basket full of water-cresses; I said, "Let us look;" he would not; I took the basket, threw then cresses into a ditch, and went into prosecutor's house; I stole the inkstand and spoons; Nagle did not know what I was going about; I hid the inkstand is a garden; I do not know what became of the spoons; I believe they were hid in a garden; a boy was coming; I said, "Here comes a boy;" I knew him; I saw Nagle going up by lane, crying, and I called him suck-thumb; Nagle did not know what I went in for.
NAGLE.— NOT GUILTY.
2083. MICHEAL NAGLE was again indicted for stealing, on the 6th of Aug., 1 watch, value 1l.; 1 watch guard, 8s.; 1 seal, 1s.; and 1 key, 6d.; the goods of Nathaniel Bennett; having been before convicted of felony.1
ELIZABETH BENNETT. I am the wife of Nathaniel Bennett, and keep a milliner's shop, in Vale-place, Fulham. On the 6th of Aug. the prisoner came and offered a brooch for sale—I refused to buy it—I had a watch hanging on mantel-shaft, with a seal and key attached—after he was gone I missed it—this now produced is it.
Prisoner. Q. What sort of clothes I had on? A. I do not know exactly, but you were rather dirty.
Prisoner. Q. I only had a clean smock on that morning.
JOHN HILL. I am postman at the Holland Arms, Kensington. On the 6th of Aug., between five and six o'clock, the prisoner came to the tap-room, and asked me to buy a watch—I said I would if it was worth the money—he said I could take it to watchmaker's if I liked—I took it to a man I knew, and then to a watchmaker's—I gave the prisoner 11s. for it—there was a chain to it—I afterwards gave it to Price to pawn, and got half-a-sovereign for it.
Prisoner. There were other with me. Witness. There were two or three other lads with him, but he sold it to me.
Prisoner's Defence. It was given to me sell by a bigger boy than myself.
THOMAS EASTLAND (policeman T 17.) I produce a certificate of the prisoner's former conviction, at Clerkenwell—(read—Convicted April, 1847, and confined six months)—I was present at the trial—he is the person.
GUILTY. * Aged 16.— Confined One Year, and publicly Whipped.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JAMES O'CONNOR (policeman H 177.) On the 7th of Sept., between five and six in the evening, I was on duty a the Tower, and saw the prisoner come from the Tower—I asked if he was taking anything out of the Tower—he said, "No"—I took him into custody, searched him at the station, and found
these pieces of lead, weighing about 14lbs., in his trowsers-pocket, and three in his jacket-pocket, rolled up so as not to be seen—I asked where he had taken them from—he made no answer.
ROBERT JOHN O'BRIEN (policeman, H 5.) I was at the station-house at the Tower when the prisoner was brought there—I asked where he had got the lead from—he made no answer—I asked him a second time—he then said he had brought it in with him—I asked where he was at work—he said at the top of the Main Guard-house—I sent for the foreman of the works, and accompanied him to the top of the Main Guard-house—I found some lead cuttings which corresponded with what we found on the prisoner—they were repairing the old gutter, making it smaller—there were 50lbs. or 60lbs of lead gone.
EDWARD THOMPSON. I am a foreman of the works at the Tower—the prisoner was employed there as a plumber in repairing the roof of the Main Guard-house—the lead cuttings were put in the public store—I went up when the officer came to me, and compared the lead produced with the lead there—the prisoner had only been working there one day.
Prisoner's Defence. It was lead I had with me the whole of the day, which I brought from a job I had been doing the day before at my own landlord's.
GUILTY. Aged 39.—Recommended to mercy. — Confined One Month
2085. STEPHEN MADDEN and WILLIAM GRIFFITH were indicted for stealing 5 yards of cloth, value 28s., the goods of Stephen Winckworth Silver and others, their masters; and ROBERT COLMER and JOHN JACOBS for feloniously harbouring and maintaining them.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
JOSEPH HUGGETT (City policeman, 484.) On Tuesday, the 14th of Sept., between seven and eight in the evening, I went with Thain and Russell to Bishopsgate-street Within—I saw the prisoners Madden and Griffith come out of the warehouse of the Mr. Silver of No. 4 1/2, Bishopagate-street—they went to the Marlboro' Head public-house—Griffith had a small paper parcel, partly concealed under his coat—he went to the public-house—in about ten minutes Colmer joined them, and about eight o'clock Jacobs joined them, and they all four sat in a box together—they were talking and drinking together—they all four came out together—Jacobs went towards Shoreditch church, Russell followed him, and I followed the other three as far as Farringdon-street—they were walking and talking together—Colmer there left the other two—we followed Griffith and Madden down Fleet-street to the Strand—they turned down Clement's-inn to New Inn-passage, which is rather dark—they stopped there, and I saw Madden take something from his coat-pocket, and give to Griffith, who kneeled down and untied a blue bundle which he had been carrying from the public-house—I passed by him, and saw a brown paper parcel in the blue handkerchief, and as I passed I distinctly saw a piece of cloth lying on the brown paper parcel—the parcel was then tied up in the handkerchief—they then separated—Griffith went with the bindle to Mr. Spencer's, in Stanhope-street, Clare-market, and Madden went to a small street opposite Spencer's shop—I looked through Spencer's window, and saw Griffith untying the parcel—I went into the shop, took possession of it, and now produce it—I asked Griffith where he had brought the cloth from—he made no answer—I
asked Spencer if he knew Griffith—he said all that he knew of him was as a customer—I opened the paper parcel, and found in it these three pieces of cloth, and on top of the parcel was this other piece of cloth—I took Griffith into custody—he gave me his address, and I went to his house.
Cross-examined by MR. PRENDERGAST. Q. You were watching there for some little time. A. About a quarter of an hour before they came out of the warehouse—Griffith came out first I think, they came out close together—it is a large gateway, with a small door in it—the Marlboro' Head is about 100 yards from Mr. Silver's, on the other side of the way—Griffith and Madden both joined together directly they came out—they walked by the side if each other—this was at the time the workmen left off work in the evening—there were a great many men coming out—Griffith and Madden came out first—I did not stop to see who came out after them—there were a great many to come out—I saw Griffith with the parcel as soon as he came out—it was a small parcel, about as large as this small piece of cloth—I was standing right opposite the warehouse—it was in his hand, partly concealed under the tail of his coat, one end of it showed a little out—I went into the room where they were at the Marlboro' Head—I was in plain clothes—there was no one else in the room but myself and them, I think—I did not speak to them, or they to me—I did not take a seat, I did not stop in the room a minute—I saw nothing done—I came out, and went on the opposite side of the road—I saw Colmer go into the Marlboro' Head—only four men that I know of went there from Mr. Silver's—it is a small room in front of the bar, with two little boxes in it—it is called the tap-room.
MR. HUDDLESTON. Q. Do you know where Madden lives? A. Yes, in Brownlow-street, Holborn—it was not light when I passed Madden and Griffith in New Inn-passage—it was near nine-o'clock—they did not leave the Marlboro' Head till nearly a quarter-past eight—Madden was in sight of Spencer's shop when Griffith went in—when I saw him, he was walking down the street.
COURT. Q. What distance was be off then? A. Not more then twenty yards, but when Griffith entered the shop he was not more than eight, ten, or twelve yards off—he went on down the street leading towards Holborn—as I passed Griffith in New Inn passage, I could see this brown paper in his parcel, and this small parcel lying on it—he had not opened it when I got into the shop; he was untying it—Spencer's is a trimming-shop—Griffith carried the parcel sometimes in his hand, and sometimes under his arm.
CHARLES THAIN (policeman, 19) I was with Huggett watching in Bishopsgate-street, about seven o'clock in the evening, opposite Mr. Silver's—I saw Madden and Griffith come out—Griffith had a small brown paper parcel in his hand under the skirt f his coat—they went to the Marlboro' Head—I followed them—one of the tap-room windows looks into the street—I looked through it, and saw them in the tap-room sitting together—in about ten minutes or a quarter of an hour Colmer joined them, and in about three quarters of an hour after Jacobs joined then, they all went into the same box—they remained there about ten minutes—they then came out—Jacobs turned towards Shoreditch, and the other three towards Cheapside—I followed them—Colmer left them at Farrington-street—I followed the other two to New Inn passage—I there saw Madden take something from his left coat-pocket, and hand it to Griffith—I passes close by, and saw that it was a piece of cloth like this—Griffith kneeled down—he had a blue handkerchief and a paper parcel, and he put it in the paper parcel, tied it up, and went with
it into Spencer's shop, in Stanhope-street—Madden turned down Denzell-street, opposite Spencer's shop—Huggett went in after Griffith—I saw Griffith put the parcel on the counter, and sit down—I went and took Madden in Denzell-street—he was between forty and fifty yards down the street—you can see Spencer's shop from Denzell-street.
Cross-examined. Q. He was walking about Denzell-street? A. Yes—he was walking on towards Lincoln's-inn-fields, and I went and stopped him—he could not see Spencer's shop then, but when I went I went into the shop he was at the corner—I was not in the shop a second, and when I came out he was walking down the street—Huggett took possession of the cloth—it was tied up just as it is now—Huggett did not tie it up—there was a string on it—it was not opened in the shop in my presence—when I returned with Madden, Huggett had taken possession of the cloth—I did not see it opened then—it was opened at the police-office—the parcel Griffith had in his hand when he came out of the warehouse, was about the size of this small parcel of cloth.
Prisoner Griffith. Q. Have you get in your possession the parcel that I came out of Mr. Silver's with? A. I cannot say—when you came out of the Marlboro' Head you had this large parcel—I had not got any small blue paper parcel that was taken from you.
JOHN DAVIS. I am in the employment of Messrs. Silver wholesale-clothiers and outfitters—the four prisoners were in their service as cutters—it was their duty to cut out garments on the premises—they had no right whatever to take any portion of the cloth that they cut out, off the premises—this sort of cloth is made expressly for Messrs. Silver, by Mr. Carter—the cloth prodused is their property—they never sell any of this cloth—it is used for the clothes of the dock-yard battalion.
Cross-examined. Q. Are you quite sure it is their cloth? A. Yes, quite sure—there may be other blue cloth like this—I know this to be Messrs. Silver's, because they have the same on their premises—there is no mark on it.
Griffith. Q. Did you ever see me with a blue paper parcel in my hand? A. No.
JEREMIAH CARTER. I am a woolen-manufacturer, in Basinghall-streert—I supply Messrs. Silver with cloth—I do not make it, but I dress it in a particular way for them—this cloth is the sort I dress for them.
Cross-examined. Q. Do you dress it at all, or make it at all? A. No, I do neither one or the other—I receive it from the country, and sell it to them—I have sold some of it to other persons some moths ago—I supply woolen-warehouse—we supply Messrs. Silver with this particular cloth—we have an order from them for twenty thousand yards—from ten to twelve thousand have gone through their hands—the larger part of that has gone through my hands piece by piece—I have not supplied anybody with it for several months—I will not undertake to say that other persons do not sell this sort of cloth.
COURT. Q. The cloth you sell is prepared in this way, and passes through your hands? A. Yes—there is a higher finish put to it then any other sort of cloth, it has more wool raised—there may be other cloth sold by other persons that is raised quite as much—I only have my cloth from one manufacturer—we have not supplied one yard of this cloth to any other place.
MR. CLARKSON Q. You believe this to be the same cloth that you supplied to Messrs. Silver? A. Yes.
as outfitters—the four prisoners were in our service as cutters, and were employed to cut this cloth for the Dock-yard battalion—they were not permitted, on any condition, to take an portion of the cloth off the premises—I have examined the cloth produced, and, in my judgment, it is part of the cloth supplied to me.
COURT. Q. In what sized pieces have you it? A. I am scarcely prepared to state what the quantity is—I cannot enter into detail so well as Davis—I can merely speak to the quality.
Griffith's Defence. The cloth is my own; I paid for it out of my own pocket; I distressed my wife to raise money to pay for it; she knows it well; I have no witnesses to prove it; I bought it of a person I never saw before.
(Madden received a good character.)
MADDEN GUILTY. Aged 54.
GRIFFITH, GUILTY. Aged 36.
Confined One Year.
CLOMER and JACOBS, NOT GUILTY.
MESSRS CLERKSON and HUDDLESTON conducted the Prosecution.
JOSEPH HUGGETT (policeman, 484.) The prisoner was taken into custody last Wednesday week, about half-past nine o'clock in the morning—about half-past ten I went and searched his lodging, at 74, Napier-street, Hoxton New-town—in a cupboard in the second floor room I found his cotton cloth, a quantity of piece of cloth of all colours, and some slate-coloured lining—he was then in custody—I saw his wife there—he had told me he had a wife, and had given me his address at the station, but did not describe what part of the house he occupied—the things I found were shown to him at the Mansion-house while he was under examination—he made no statement about them—I did not tell him where I had found them—it was stated in the exemination before the Lord Mayor—I saw no other woman at the house—there were some women up stairs, but I did not see them—I did not go up—I saw a woman there, and asked her if her name was Colmer.
JOHN DAVIS To the best of my knowledge, the property produced belongs to Messrs. Silver—we have had cloths similar to the whole of these pieces—the prisoner had access to the room where these cloths were cut—I cannot say whether he was employed in cutting cloths of this description—I believe this black cotton to be Messrs. Silver's—we use a great quantity of it—this was made expressly for us—I cannot say whether it was made for our house alone—the prisoner was not employed by the day, only at piece work, and had been for three or four months—this black cotton is finished in a particular way, to imitate linen.
Cross-examined by MR. O'BRIEN. Q Is there anything peculiar in it? A. It is rather different to other in the finish—I cannot explain in what way—I am not a finisher.
MR. HUDDLESTON. Q. Had you glazed calico of that description? A. Yes, precisely, in the room where the prisoner was.
STEPHEN WINKWORTH SILVER. To the best of my knowledge this is our property—we had articles of this description in the room where the prisoner worked—he had no business to take off the premises, any of the articles which it was his duty to cut up.
COURT. Q. Are there any of these articles that you can positively speak to? A. Yes—I am now clothing the Dock-yard battalion, and it is absolutely necessary that the bulk of the goods should exactly conform to the estimate sent in—this cotton cloth I ordered, and it is precisely he same sort I have sent in—I use it with the cloth for battalion—I can speak to these smaller pieces more particularly than this drab cotton—I had from fifteen to twenty thousands yards of it—I have not brought any of it here.
2087. JOHN JACOBS was again indicted for stealing 4 yards of woollen cloth, value 23s.; 4 yards of woollen and cotton cloth called a place, 8d.; 2 yards of corded stuff, 8d.; 12 yards of calico, 5s.; 1 yard of water-proof cloth, 1s.; and 2 yards of tweed, 1s. 6d.; the goods of Stephen Winkworth Silver and others, his masters.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
GEORGE RUSSELL (City policeman, 34.) On Tuesday evening, the 14th of Sept., I was in Bishopsgate-street with Thain and Huggett—I saw the prisoner come from Messrs. Silver's premises, and go into the Marlboro' Head—he afterwards came out with the other three—he separated from them, and I followed him to Amelia-street, Hackney-road—I did not take him into custody then, but at Mr. Silver's warehouse, the next morning—I asked him at the station-house where he lived—he said, 7, Emma-street, Hackney-road—(it was close by there that I had lost him on the night previous)—I went there and searched the house—it is a four-roomed house—there were no lodgers beside him—I only found a female, who said she was his wife—I afterwards saw her in the presence of the prisoner, and they spoke together, and he called her his wife—I searched every room in the house, and found the articles I now produce—there two pieces of cloth were in box which was covered with a table-cloth, the other things in different parts of the house, some in the front parlour, and some in a cupboard up stairs—I believe I found something in every room—in bringing the prisoner to Newgate, his wife was present, and said that I had taken many things that were not Mr. Silver's—he said that many things in the box his wife had had before he married her.
Cross-examined by MR. ROBINSON. Q. Were you in Court all the time of the last trial? A. Yes—the conversation was after the examination before the Lord Mayor—I did not find any No.7 beside the prisoner's house.
JOHN DAVIS. These articles are the property of Messrs. Silover—I have a portion of the cloth from the premises—(handing it to the jury)—I went for it after the last case—I believe these other articles to be my master's property,
Cross-examined. Q. There is no other mark by which you know it except that it is something like that you went to fetch? A. It is the same cloth—it is exactly the same quality and appearance—I did not take a piece of this with me—we have only one kind—this is not a common sort of cloth.
STEPHEN WINKWORTH SILVER. To the best of my knowledge the articles produced are our property—property of this description would be in the room in which the prisoner was employed—this blue cloth was made for us for the Dock-yard department—we had a large contract, and it was necessary that the articles should exactly correspond with the sample.
Cross-examined. Q. You did not make the cloth? A. No, but we made the garment—I took great care to have the cloth of his exact description.
JURY. Q. Is it usual to let the men have a certain quantity of cloth? A. A piece of cloth, which they cut in our house—we expect they will produce as many garments as they can from a certain number of yards—a piece of cloth is given to each man—if he cut out as many as we expected he would not be allowed to take any—the prisoner had from 30s. to 40s. a week.
GUILTY. Aged 28.— Confined One Year.
MR. PRENDERGAST conducted the Prosecution.
GILBERT ELLIOTT MITCHELL. I am in partnership with Messrs. Welch and Margetson, of Cheapside. On the 25th of Aug. I was passing along Hoxton, and in the window of Mrs. Collins' shop saw this handkerchief—I took possession of it, took it to our warehouse, and compared it with some we had made by a witness—we have five dozen and two made—we were six deficient—I swear this is one of the six—there was another handkerchief at Mrs. Collins', which the officer seized—that was a different pattern—we had not sold one of this pattern—they were to have been sold at the end of this month—they were not made for any one but us—no one would have a right to make them—we are the inventers of the pattern—this pattern was drawn on our premises, and sent to a house in Macclesfield to be made for us—we register most of them, but this is not registered—there are 512 threads in the manufacture of the border alone—I swear that no one made this pattern but us—this other handkerchief is our pattern, which we have not sold one of—we are printers as well—here is another handkerchief, which is our printing—these others have not been sold—these were not shown—they were to be in our possession from five to six weeks—we have a dozen or two up every week till the order is completed—we had five dozen and two of this sort, and five dozen and three of the other—we have mixed six of each pattern—I saw the prisoner at the station, and said, "How long have you had these handkerchiefs?"—he said, "I have had them eight or nine months"—I said, "Are you sure of that"—ha said, "It is an accumulation of stock I have had eight or nine months."
Cross-examined by MR. BALLANTINE. Q. You mean these were the design of your house? A. Yes, not my design—the person is not here who designed them—we generally design them ourselves—perhaps I was not in when they were designed.
MARTHA COLLINS. I keep a shop in Hoxton. Mr. Mitchell was at my shop, and took one of these handkerchiefs—I bought it of the prisoner—I bought two of this pattern and one of this—this one was cut off another one—I believe the prisoner cut it off—I gave 4s. apiece for them—I only paid him 2s.—I have dealt with him for three years, and I dealt with him eleven years ago—I have bought a good many things of him from time to time—I owe him money now—not so much as 23l.—I pay by instalments—I put the handkerchief in the window—I hesitated about having them, being too good—he entrusted them to me to show to a gentleman—I bought them on Saturday, the 25th of August—he came again on the Monday—he did not desire me to conceal them—he never desired me to conceal anything I bought of him—he did not ask me whether I had sold any.
these pattern had been sold—I missed half-a-dozen of each pattern—they had been in the house a month or five weeks.
JOHN CORN. I am manufacturer of silk goods at Macclesfield. These three patterns I manufactured for Welsh, Margetson, and Co., and for no one else—I supplied them in July or August—they were made exclusively for them—this one was made for them only—it was a new pattern which Mr. Margetson gave me—here is a counterpart, taken from our pattern-book.
CHARLES THAIN (City policeman, 19.) I took the prisoner into custody—I heard him say at the station that he had had these handkerchiefs eight or nine months—he did not say who he had them of—he said they were an accumulation of stock—on the 31st of August, as I was taking him to the goal after his committal, he said, "Can I trust you?"—I said, "What do you mean?"—he said, "If I can trust you I will tell you who the thief is"—I said, "Whatever you tell me I shall make use of in evidence against you."
Cross-examined. Q. You were walking along together? A. Yes, he had the handcuffs on, and I was walking by his side—he was saying he was sorry his had occurred, and he did not know that he should do about his wife and child.
JOHN WOOLMER. I am a haberdasher and draper. I was the prosecutor against the prisoner on a former occasion to which this certificate refers—I produce it—(read—Convicted the 4th of April, 1842, of larceny, and confined six months)—the prisoner is the person.
GUILTY. Aged 34.— Confined Two Years.
OLD COURT.—Friday, September 24th,1847.
First Jury, before Edward Bullock, Esq.
GUILTY.** Aged 23.— Transported for Ten Years.
2090. CHARLES FROST was indicted for stealing 4 coats, value 4l. 14s.; 1 waistcoat, 1l.; 1 pair of trowsers, 8s.; 2 rings, 8l.; 5 breast-pins, 1l. 12s.; 2 pairs of scissors, 2l. 10s; 2 knives, 6d.; 1 thimble, 1s.; 1 pair of boots, 9s.; 2 handkerchiefs, 9s.; 1 half-sovereign, 2 half-crowns, 4 shillings, 1 sixpence, and 2 pence, the property of James Summerfield, in his dwelling-house; to which he pleaded
GUILTY. Aged 17.— Transported for Seven Years.
GUILTY. Aged 17.— Transported for Seven Years.
GUILTY.— Transported for Seven Years.
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor.— Confined Two Months
GUILTY , and received a good character. Aged 14.— Confined Four Months.
GUILTY. Aged 23.— Confined Eighteen Months.
(There was another indictment against the prisoner.)
GUILTY. and received a good character.—Recommended to mercy by the Prosecutor.—
2097. CHARLOTTE THOMAS was indicted for stealing 1 candlestick, 1 coffee-biggin, and other articles, value 3l.; the goods of William Robert Augustus Boyle, her master: also, 1 handkerchief, 2 nightcaps, and other articles, value 3l.; the goods of June Conolly: to both of which she pleaded
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor.— Confined Six Months
Before Mr. Baron Platt.
MR. ROBINSON conducted the Prosecution.
BELINDA HARRIS. I am the wife of William Harris, a rigger, of No.3, Collins-place, Poplar. The deceased, John May Harris, was my son—I saw him on Wednesday, the 18th of Aug., about half-past eleven o'clock in the morning, in very good health, coming from school—I next saw him at eight in the evening, when I came home, on the bed, at my house, in terrible state, very bad indeed—he had dirtied himself—I went up stairs again, as near as I can say about nine o'clock—he was very bad, he never spoke after the first time I went up—I then asked him where he had been—he was quits in liquor—he had not power to make a complaint—I saw him at nine, and again about eleven, he then appeared asleep—I saw him again, I think,
about half-past two in the morning; he was then in fits—they were quiet fits, but every limb was in action, his eyes were wide open, his hands and mouth were at work—his hands were opening and shutting—I sent for medical assistance, and he was put into a warm-bath—he continued in that state till he died, at seven in the morning.
Cross-examined by MR. PRENDERGAST? Q. What age was he? A. Eight last July—he had a stool in bed, which seemed rather loose—he spoke at eight o'clock, and said he had been into Abbott's fields—he did not talk much—he answered my questions—his mouth was on one said, he brought his words out very thick—he seemed sleepy, and very exhausted—he generally went to bed about eight—I saw no marks of any injury anywhere.
MR. ROBINSON. Q. Though his mouth was on one side, did he give direct answers to your question? A. Yes.
GEORGE TRAPPETT. On the 19th of Aug. I was with Auty and the deceased—I recollect their bathing, and coming out of the water—they began to run about the field; I did not, I sat down—Auty dropped his waistcoat—the prisoner were there—Johnson picked it up, and said to Auty, "Pick out which one you can fight, and then you shall have your waistcoat"—Auty picked out Eagleton first; he would not fight, and then he picked out Harris—they began to fight—Auty knocked Harris down twelve or thirteen times—he pulled Auty down on the top of him four or five times—the prisoner were sitting on the grass, saying, "Go on, go on, the teetotaller will beat I"—that was Auty—one of the men gave Harris some beer in a half-pint pot, in the middle of the fight—he took it, and then went on fighting—the fight was going on half an hour—I and Eagleton tried to take Harris away—the men would not let us—Harris had beer twice—after the fight he kept tumbling about—the men proposed that there should be a race—Auty and Harris ran—Harris kept up running, but not fast; he kept tumbling about—I went home then.
Cross-examined. Q. Who won the race? A. Auty was first—Harris was last—I am sure he ran—I did not—I did not stop while they were playing at "more sacks on the mill"—I went away about a quarter to five o'clock, before the race was over—it lasted some time—Harris did not complain at all that he was hurt—he seemed pretty well—he had a bloody nose in the fight—he wiped it—Auty had not—Harris was very good-natured and pleasant after the fight—he was very willing to run.
JOHN EAGLETON. I am going on for nine years old. On the 19th of Aug. I was in the field, and saw the fight and the race, after which two boys were going to take Harris home, as he was drunk—he fell down, and laid still—he did not move at all—his eyes were open—I went to the river and got some water to put over his face to recover him—two boys then took him home—the men were sitting in a field all this time.
Cross-examined. Q. Did you see the race? A. Yes—I ran a little way—four or five of us ran—Harris was not so big as me—I could run faster than he—he was one of the least, and did not run so well as some who were bigger—there were some bigger than me—they ran faster—Harris was in a very goods humour, and lively during the race—it was after the race was over that he got drunk—I did not have any beer—I saw some given to Harris once during the fight.
COURT. Q. Did he take a good drink? A. Yes, he had half-a-pint—he did not drink it all off—he drank a drop when the boy knocked him down—I do not know how many times he drank—he took more than one drop—he had drink to refresh himself when he fell.
MR. ROBINSON. Q. Was any beer given to him from the time that fight was over till he was lying on the ground? A. I did not see any—deceased was less than Auty—when the race was over, the men gave some beer to the Irish boy, who won the race—they only gave it to him—some rum was given to Harris when he was taken into the Elder Tree public-house, after we had put water on his face—I know the colour of rum from brandy—rum is brown—I did not taste it—he had half-a-pint of it—it was in a wine-glass—he had only one wine-glass of it—it was quite full—he drank it off altogether—it was after the fight—he seemed very tried—he swallowed a drop, and then began again, and went on till he got to the bottom of the glass.
MR. PRENDERGAST. Q. You were not in the beer-shop? A. No—Harris was lying just by the men when we put the water in his face—that was before he was taken into the Elder Tree.
WILLIAM BAIN. I am a medical man. On the 19th of Aug., between five and six o'clock in the morning, I was called to examine the deceased—I found him in convulsions, and in a very collapsed condition—my assistant had seen him before, and reported that it was a case of urgency—he had done every thing which I should have done myself—I found deceased lying on the bed insensible—the pupils of his eyes were dilated—he moved his hands about like a person in convulsions—his pulse was hardly perceptible—those were indications of an affection of the brain—I had occasion to see another patient not far off—I told the mother to make application to the child—when I came back he was dead—I had considered him hopeless—I made a postmortem examination, and from the appearances, death was caused by congestion of the brain—I did not find any bruises on the body, it was in a healthy state—the brain was as it usually is in congestion—the white parts had a great many points of blood, proving that is was loaded with blood—I have heard the evidence, and from that, and from my examination, my opinion is, that the general excitement of the day previous brought on the convulsions, but it is difficult to give a positive opinion.
COURT. Q. Might not the spirits, with a child of that age, account for the whole of the appearances; a glass of rum being given to a child of that age? A. It might.
MR. ROBINSON. Q. Do you mean to say, putting the fight out of the question, that the spirits and beer alone were sufficient to cause the appearances you saw? A. In a child of tender years any excitement would produce it—I cannot positively say that did do it.
COURT. Q. Person given to intoxication are sometimes killed by the same means? A. Yes—I found no bruise on the head, face, or body to make me conclude any injury had been done—there was no external appearance to guide me to any internal injury.
JOHN EAGLETON re-examined. I saw Johnson pick up a waistcoat; the other men were then sitting down in the field—there were four men—the prisoners are them—I am positive they were sitting down talking, while the fight was going on—Johnson said, "Go on"—I did not hear any of the others say anything—they were looking at the boys about a yard away from them—Johnson gave Harris some beer in a half-pint pewter pot—they poured it out of a stone bottle—Newson held the pot—I saw some of the boys try to separate the children—all four of them said "Go on" while the fight was going on.
Cross-examined. Q. Did you see them playing at "more sacks on the mill?" A. Yes; Harris, and all of us, and all the men played at it, after the fight and race were over—it is played by throwing one person on another—Aiger
was undermost—Newson was down too—it went on for some time—it was before the rum was given—I asked Harris to come home—he said he would not till his brother Jem came home—he was not well then—he was drunk—he said, "Jem I'm drunk," and threw himself down; that was how I knew he was drunk—that was after the game—there were fifteen men and boys playing, tumbling one another down—Harris was not hurt at all that I saw, except what he got from Auty in the fight, that was not much—I said I would not fight—Harris did not say he would; be ran away with me—I did not go into the Elder Tree—I was looking through a hole in the door—I have not been taken there by a policeman, to point out the person who served the rum.
MR. ROBINSON. Q. Was Harris willing or not to fight at first? A. He said he would not; but Auty gave him the coward's blow, and then they fought—the "more sacks on the mill" lasted a quarter of an hour—it was before I saw Harris on the ground with his eyes open—he continued playing at it all the time.
JOHN HENRY LINGE. I am twelve years old. I was with Auty and Harris—on their coming out of the water the prisoner Johnson took his waistcoat, and said they should fight for it—they began to fight, and fought for half an hour—Harris had nearly half-a-pint of beer twice—could hardly stand two or three times—that was after he had taken the beer—he fell down five or six times—I think Auty hardly touched him—I did not see him go down at all before he took the beer—I did not see Auty go down—once they went down both together—Auty was uppermost—while this was going on, the prisoners were lying down telling them to go on—Caton was asleep—he was not asleep the whole of the time, nor when the fight began—he did not keep awake long; he went off to sleep—I did not hear him say anything before he went to sleep—the eldest one (Newson) said the teetotaller would beat, that was Auty—Auty had been offered some beer, and would not take it—Johnson said that Auty would beat—Newson said if he beat he should have some beer—I saw Newson give beer twice—after the fight, they began racing—they raced three or four times—Harris raced—he did not seem well—he ran a little but he could hardly stand—I went home after that.
Cross-examined. Q. Did not he say he was drunk? A. No; I am quite sure of that—he did keep tumbling about—I think he was very near drunk—I did not see them play at "more sacks on the mill"—I went away about half-past three o'clock, and left him in the field—I staid till the fight was over, and saw them race after the fight—I did not race—I did not stay till the race was over.
COURT. Q. Did the deceased take anything but beer while you were there? A. I did not see him; I only saw what came out of the bottle—they were racing when I went away—I was not there when they put water on Harris's face.
JAMES FREDERICK CURREY. I live in Collin's-place, Poplar, and am ten years old. I was in Abbott's-field on the 18th of Aug., and saw Harris, Auty, and the four other prisoners there—when I first went into the field, little Harris said, "Jem, I am drunk"—he was then against the men—Auty was with them—I saw the boys fight—I had not been bathing with them—when I first came they were all lying down in the field—the boys were dressed; all their clothes were on—I think Harris had not quite all his clothes on, he did not have his waistcoat on—the men made Auty take his waistcoat off—Harris had no waistcoat at all, he only had his jacket—I saw
them fight—while they were fighting, the men were trying to make them fight, and said that they would give them some beer, and make them drunker—they said that to one another—I tried to take Harris away, and one of the men caught hold of me—I do not recollect who it was—they held me about five minutes—the boys were not fighting then—they fought after that—they were fighting about five minutes—I saw the fight from the beginning to he end—I only saw them fight once—they began to fight after I came up—after the fight Harris, was spewing in the field—he was drunk, lying in the field—Auty fetched some water, and it was put to his face—I took him home.
Cross-examined. Q. Did you play at "more sacks on the mill?" A. No—I did not see any one playing at that—I was not in the field all the time—I was there when the fight took place, and when the race was, and till Harris went home—there was no playing at "more sacks on the mill"—little Auty went on the top of Harris, and beat him—one fell down on the other in the fight—I did not see a game of "more sacks on the mill" after the fight; there was no such thing.
COURT. Q. Do you know the game of "more sacks on the mill?" A. Yes—I was there when they began to fight, and saw all that passed—I saw the men lying down—the boys were not lying on them—I saw nothing of that kind.
MR. ROBINSON. Q. I understand you that Auty fell on Harris to beat him? A. Yes—he called to me to take him off, and I took him off—the men were lying down when I did not that—that was before they caught hold of me—I only went to separate them once.
SUSANNAH DURRANT. I keep a beer-shop, and know the prisoners—I saw the four men on the 18th of Aug. at my house, about ten o'clock—they had one gallon of beer, and drank it there, and they took a gallon away with them—when they returned in the evening from work they brought the bottle back with them.
Cross-examined. Q. Did you know any of them? A. Yes—Johnson and Caton—they are humane, well-disposed, sober, steady, hard-working men—I do not know the others.
SUSANNAH DURRANT, JUN. I am the daughter of the last witness—on the 18th of Aug. I took some beer to the prisoners in Abbot's-field—the boys were not fighting then—that was about twelve or one o'clock—I staid there about an hour—Harris and Auty were not there when I first went, but they came soon after—I stopped there an hour the first time—I then went hours for a gallon of beer—I saw the boys come up while the men were there—Johnson went and took the little boy's waistcoat away—then two of the boys came to Johnson, and he said if they would fight they should have their waistcoat—the men were then all together—I do not know whether they said anything or not—the boys did fight for about ten minutes while I was there—I saw them fall once or twice—nothing was done or said by the men while that was going on that I recollect—they were there sitting down and looking on—I saw some beer given by one of the man—I do not know which.
Cross-examined. Q. Some of them were asleep, and some awake, were they not? A. No—I cannot tell whether any of them were asleep or not—I was close by them—they were very good-natured with the beer—they gave our baby some, and I ha some, and bread and cheese too, and a women had some in Abbott's-field, and one that passed by—they gave their beer
about to anybody—the boys were full of fun, and laughing all the time they were fighting—little Auty said he was a teetotaller—I did not stop till they were playing at "more sacks on the mill"—I went away before that—I am not quite sure whether the men were all laughing when the fight was going on—I am sure the boys were—they did not seem as if they intended to do any harm to one another.
COURT. Q. Did you see any blood? A. No—I am positive there was no blood—I did not see any bloody nose—I saw the beginning of it—I did not stop till it was all over—while I was there it seemed to be all fun.
MR. ROBINSON. Q. You went to get another gallon of beer? A. Yes—I did not come back with it—I did not hear anything said about separating them—I did not see anybody try to separate them—I heard nothing said about taking Auty away.
MR. PRENDERGAST to GEORGE TRAPPETT. Q. Who was it took away the boy's waistcoat? A. The second from me (Johnson), I do not know his name—the men were not before the Coroner—I went to see them in custody at the Poplar station—I looked at Newson in the station, and recognized him as the man that had taken the waistcoat—I said before the coroner that Newson had taken the waistcoat—the second one form me I call Newson (pointing to Johnson), and the third one is Johnson (pointing to Caton)—the second one (Johnson) had the waistcoat—I was told his name was Newson—I mean him now—the third man (Caton) was the one I pointed out at the station as the one that had the waistcoat—the second man gave Auty the waistcoat after they had done fighting—the second from me (Johnson) took it and gave it back again—Aiger was asleep—I did not point out anybody at the station-house, as the man that took the waistcoat—I did not know any of their names—I went before the Magistrate (Mr. Yardley)—all four of the men were before him—I did not tell Mr. Yardley which was the man that took the waistcoat—I told the Coroner that it was the man that had on the shiney coat—that was the second from me (Johnson)—I pointed out the second man as the one that had the waistcoat, not the third man—I went before the Coroner, before and after I went before Mr. Yardley—I saw Newson at the bar, in custody—the next day to that I went before the Coroner and told him I had seen Newson in custody before the Magistrate, and that he was the man that had the waistcoat—I did not know the names of the men when they were before the Magistrate—I did not ascertain his name before I went before the Coroner—I did not know any of them—the third man from me is Newson (pointing to Caton)—he is not the man that I said had the waistcoat.
COURT. Q. When did you first say that the third man had the waistcoat? A. To-day—I have never said so before—I first learnt to-day that the third man's name was Newson—when I first got into the witness-box I supposed the third man was Newson, I thought that all along—I did not know which was Newson before the Magistrate, nor before the coroner—I did not know any of them before the Coroner—I did not know their names till I was called in to give my evidence to-day—I have only learnt their names while I have been standing here—the second man from me (Johnson) is the one that had the waistcoat.
(The prisoner received good characters.)
THIRD COURT.—Friday, September 24th, 1847.
Third Jury, before Edward Bullock, Esq.
2099. JOSEPH STORDY and EDWARD DARBY were indicted for feloniously receiving 1 watch, value 22l.; 1 guard-chain, 7l.; and 1 brequetchain, 10s.; the goods of John Sercombe, well knowing them to have been stolen.
MR. BALLANTINE conducted the Prosecution.
JOHN SERCOMBE. I live at 20, St. James-street. On the 18th of Aug., about half-past one o'clock in the night, I was by the National-gallery—I had been drinking a little—two girls came up to me—I went with them to a house, and had some wine—they afterwards gave me something in a tea-cup, which they said would do me good, as I had had too much wine—it made me insensible immediately—when I came to myself I was on the floor—I had a watch with guard and brequet-chains to it, and five sovereigns and 7s. 6d.—when I swoke they were gone—I had not a penny left—I came down at half-past six or seven o'clock in the morning—I saw two soldiers, who I firmly believe to be the prisoners, come out of the next door—I was able to know I had got my watch and money when I went to the house—I had been dining with a friend—I could talk and understand as well as I can now—I drank two glasses more wine at this house, but it was vinegar rather than wine—I was perfectly sensible until I drank what was in the tea-cup—the watch and chain are worth thirty guineas, they cost 40l.
WILLIAM BYAS. I am a pawnbroker, and live at St. George's-street. On the evening of the 19th of Aug. the prisoners came to my shop with a gold watch and chain, and asked 50s. on it—Stordy brought it—they offered it together—I asked to whom it belonged—Stordy said it was his property—I asked his name—he said, "James Howell, of St. George's-barracks, Charing-cross"—he said he had had it nineteen years, and it was left him by his father, who had had it fifty-five years—Darby immediately said, "You need not be afraid, I know it to be my comrade's property, I am a relative of his, and have seen it in his possession several years"—I went to the station, brought the sergeant, gave them into custody, and they were taken to the station.
Stordy. You said, "Who does it belong to?" and he said to his girl's father. Witness. He said distinctly it was his own, that his father had had if fifty-five years, and he nineteen.
MICHAEL CONVEY (police-sergeant, H 7.) I went to Mr. Byass', and took the prisoners—I asked Stordy what account he gave of the watch—he said he had had it in his possession eight years, and that it was given him by his father in Cumberland, who had had it fifteen years, and said, "My cousin knows that"—Darby said, "Yes, I know him to have had it that time"—I said I should lock them up—Stordy said "It is no use, it was given us by two girls, they are in public-house close by"—I took them to several public-houses and could not find them, and the following morning he said he was led into it, and the watch was given to him by Darby—Darby was present, and said he knew nothing about it.
Stordy's Defence. I merely went out for a walk with Darby; we went into a public-house at Pimlico; there were two girls there, who he took the
watch from; we went out and called a cab, which brought us to Ratcliff-highway; he pulled out the watch, and asked me to pledge it.
(The prisoners received good characters.)
STURDY— GUILTY. Aged 26.
DARBY— GUILTY. Aged 27.Recommended to mercy by the Jury.— Confined Six Months
ELIZABETH ADAMS. I am single, and live at Chishampton, Oxfordshire. On Monday evening, the 10th of Sept., I was at the fair at Islington—a constable spoke to me, in consequence of which I missed my purse, which was in a pocket in the right side of my dress—this is the purse, if had a shilling and a sixpence in it.
CHARLES RANDALL. On Saturday evening, the 5th, I was at the fair at Islington, and saw the prisoner go to the prosecutrix, and put his hand into her pocket three times—I caught hold of him, and saw him drop the purse—I asked her if it was hers—she said, "Yes, and there was 1s. 6d. in it"—I had watched for him half an hour previous.
JOHN LOWE. I live at Moorfields—I was at the fair—I saw the prisoner put his right hand into the prosecutrix's pocket, and take out a purse—Randall seized him—I took hold of his right arm, and held him for Randall.
Prisoner's Defence. I am innocent; there were two boys by me who did it, and the policeman thought it was me.
GUILTY.** Aged 17.— Transported for Seven Years.
NEW COURT.—Friday, September 24th, 1847.
PRESENT—Mr. Alderman COPELAND; Mr. Alderman GIBBS; Mr. RECORDER; and Mr. COMMON SERJEANT.
Fifth Jury, before Mr. Common Serjeant.
2101. JAMES JOHNSON was indicted for stealing, 3 coats, value 6l.; 5 pairs of trowsers, 4l.; 4 sovereigns, 4 half-crowns, and 5 shillings, the property of Henry Russell, in a vessel on the Thames; to which he pleaded
GUILTY.— Confined Three Months.
GUILTY. Aged 30.— Confined One Month.
2103. CHARLES DINSDALE was indicted for stealing 1 pipe, value 1s. 6d.; 2 books, 5s.; 2 knives, 2s.; 1 knife and fork, 1s.; 1 lamp, 1s.; 1 brush, 1s.; 1 rule, 3d.; 1 pair of boots, 5 s.; 1 basked, 6d.; 1 pair of gloves. 1d.; 1 pair of stockings, 1s.; and 1 coat, 2l.; the goods of David Abrahams, his master; to which he pleaded
GUILTY . Aged 16.— Confined Three Months .
GUILTY. Aged 15.— Confined Three Months.
GUILTY. Aged 17.— Confined Nine Months.
GUILTY. Aged 24.— Confined Two Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
MARY ANN SMITHERS. I am the wife of George Smithers, we keep a beer shop in Artillery-lane, Bishopsgate. On Wednesday evening, the 1st of Sept., the prisoner came in and said, "I want a pint of ale if you can give me change for a half-sovereign"—she gave me a good half-sovereign—I went to my husband who was sitting in the bar parlour, gave it to him, and got from him 10s.—when I came back the prisoner said, "I find I shall not want the change now, I have got enough coppers"—I said, "Then I suppose you want your half-sovereign back"—she said, "Yes"—I went to my husband, got the half-sovereign, and returned it to the prisoner—she put it into a little purse, began fumbling about in her pocket, and said, "I find now I have not got enough, I must have change now"—she laid down a half-sovereign—I took it up, and found it was not the one she gave me first, by its dulness—I said, "Ma'am this is not the one you gave me first"—she did not say anything—my husband came out and took the half-sovereign—he said, "I am used to these things, I have been acquainted with these things before, this is decidedly bad, shall I cut it in half"—she said, "Yes, and let me go," and was making a rush towards the door—I shut the door, and said to my husband, "You had better not cut it"—I said to the prisoner, "You cannot go"—a tall man, five feet ten inches high, came in with a half-crown for change, and wanted a glass of ale—I served him, gave 2s. out of the half-crown, and my husband gave him 4 1/2d.—he made a bother about the halfpenny—he went close to the prisoner—I saw something pass to his hand, and heard silver rattle in his pocket—he went out and looked in at the window.
COURT. Q. Do you know the difference between the rattle of silver and gold? A. Yes; I believe I do—my husband gave the prisoner into custody.
Cross-examined by MR. PAYNE. Q. How long have you been in that house? A. Seven years, and had it open for a beer-shop four years—it was a Victoria half-sovereign she gave me, quite new, and a good one—there were about seven persons in the beer-shop—they had been served—I was serving in the shop, when my husband said, "Shall I cut it," and the prisoner said, "Yes;" I said he had better not—I had never seen the tall man before—I have seen him since, near Spitalfields; and told him he came for a glass of ale, and he said he was the party—I did not take him up—I had so business to do so, he had done nothing—he does not frequent our shop—he has never been in it since.
GEORGE SMITHER. I am the husband of last witness. I was sitting in the bar parlour, on Wednesday evening, the 1st of Sept.—my wife asked me for change for a half-sovereign—it was a Victoria one, quite new—I examined it, found it was good, and gave her silver—she took it to the bar, and handed it over to the prisoner—my wife came to me again, and said, "The woman says she don't want the change"—I gave her the half-sovereign back—in a few minutes she came back, and said, "She does want the change," and gave me a bad half-sovereign—I went to the prisoner, told her it was a bad one, and asked her what she called it—she said it was a good one, and she began to cry—I said, "Will you allow me to cut this good half-sovereign, as you call it, in two"—she said, "Yes; and let me go"—my wife, and the customer said I had better not cut it—my wife sent for an officer—a tall man came in, and went near to the prisoner in the darkest part of the shop—I gave the bad half-sovereign up to the inspector, at the station—after I had marked it he gave it me back—I gave it to my wife—she gave it to the officer when he came again—this is it.
Cross-examined. Q I suppose Mrs. Smithers Manages the beer-shop? A. Yes—I hold a situation—I put the half-sovereign my wife gave me first into my right hand trowsers' pocket—I took it out again when she came to me the second time—I swear that the second half-sovereign was not the one she gave me first—I looked at the first, and tried it on the table—I had about 3l. worth of silver in my pocket, and about nine sovereigns, but no half-sovereigns before my wife brought me one—I did not go to the Mansion-house—I left it all to my wife—I have been subpœonsed since—I marked the half-sovereign at the station-house about a quarter before nine o'clock that night—I cut a cross on the head with a pen-knife—the inspector gave it me back again, and I took it home—he told me not to let it go out of my hand, but as I was not going to attend the Lord Mayor I gave it to my wife, and she took it.
Cross-examined. Q. I believe you are solicitor for the Mint? A. Yes—I declined to prosecute this case, and the Corporation has taken it up—I have had the experience of upwards of fifty years—many hundred cases have passed through my hands.
HENRY KNOWLES (City policeman, 623.) I was sent for to the prosecutors on the 1st of Sept.—I took the prisoner—I was present when she was examined—after the evidence she made a statement—I heard and attested it—the Lord Mayor signed it—this is it—(read)—"The prisoner says I met a young woman, who asked me to get a pint of ale for her; I went in; I did not know it was a bad half-sovereign."
GUILTY on the 2nd Count. Aged 21.— Confined Six Months.
Before Mr. Recorder.
2108. JOHN EDWARDS was indicted for stealing 3 coats, value 5l.; 3 pairs of trowsers, 2l.; 2 waistcoats, 1l. 10s.; 1 scarf, 10s.; 2 handkerchiefs, 12s.; and 1 basket, 1s.; the goods of William Henry Swan; having been before convicted of felony.
THOMAS MITCHELL. I live in Melton-crescent, Euston-square. I am cleaner of plate to University College Hospital—on the afternoon of the 6th of Sept. I saw the prisoner come out of the hospital, carrying a willow
basket covered with a great coat—he came back in about a quarter of an hour, and told me he wished to go to a water-closet—I showed him to one in the corridor of the hospital—he tried the door, made some excuse, and went away—he returned again, and said he intended entering as a student, and said he understood the first payment would be about fifty guineas—next day I heard the dispenser had missed some things from his room.
WILLIAM HENRY SWAN. I am a dispenser at the University College Hospital. On Monday, the 6th of Sept., I missed from my room in the hospital a top coat, some dress coats, and a variety of other articles—I had seen them safe at half-past eleven o'clock that morning, and missed them at five—I saw this handkerchief taken from the prisoner's neck—it is my property, and one of the articles I lost—I lost a willow basket, which has not been found.
JOHN HAYNES. I am an inspector of the Detective Police. I apprehended the prisoner—he was remanded—after the last examination I went with Mr. Swan to Mr. Elphinstone, a tailor, in Knight Rider-court, and got this waistcoat from Mrs. Elphinstone, which the prisoner had left there to be repaired.
MRS. ELPHINSTONE. The prisoner brought this waistcoat about a fortnight ago—I gave it to the officer.
GEORGE WARDELL (City policeman, 25.) I produce a certificate of the prisoner's former conviction—(read—Convicted 12th of May, 1845, and confined two years)—the prisoner is the person—there were three indictments against him at that time.
GUILTY.— Transported for Fourteen Years.
(There were two other indictments against the prisoner.)
2109. JAMES DIXON was indicted for stealing 1272 pamphlets, value 6l.; 74 prints, 6s.; and 280 wrappers, 3s.; the goods of Frederick Mullett Evans and another, his masters; and EMMA DIXON for feloniously receiving the same, well knowing them to have been stolen.
MR. BALLANTINE conducted the Prosecution.
FREDERICK MULLETT EVANS. I am in partnership with Mr. William Bradbury—we are printers, and live in Whitefriars—we print "Dombey and Son," the present edition of the "Pickwick Papers," and "Punch"—James Dixon was our under-warehouseman and presser—he has been in our employ about four years—"Punch" is issued for London publication on Thursday morning, at five o'clock—"Dombey" is a monthly publication—there would be no right for these to get into the London market before those hours—the booksellers send them into the country by the mail-train—we sell them at the "Punch" office on Thursday morning—I received information on the subject of the "Pickwick Papers"—in consequence of that I went with an officer to the prisoner's lodging, 13, Fetter-lane—the female prisoner was there—we found some "Pickwick" parts sewn in a wrapper under the bed, and between the bed and the sacking, and in all parts of the room a very large quantity of "Pickwick Papers" in sheets, and about twenty copies of "Punch," for circulation on the following Thursday (this being Tuesday)—James Dixon would have an opportunity of taking the "Pickwick Papers" in that state—they came under his care in his work—he had no business to have "Punch"—that was not in a place where he was—he might have passed through the
room in which it was folded, and so have taken it, but I think that very doubtful—I have no doubt whatever that it is all our property.
Cross-examined by MR. O'BRIEN. Q. All the "Punch's" are your property? A. Yes—it goes to press on Monday—it is so managed that the publication is simultaneous in Liverpool and London—we employ agents, and send them large parcels of them for publication on the Thursday—we send some on Monday night, and some on Tuesday—we send some to Edinburgh and Glasgow, and Dublin, and they are published on the Thursday there—these are the numbers of the "Punch" and the "Pickwick Papers" we found in the prisoner's room—a great many are sent away from my place on Monday night—they are packed in large bales on our premises—one or two persons are employed in packing them—my clerk makes out the invoices and sends them—some of them are returned from the country—we have what we call returns.
COURT. Q. Were these found before the day of issue? A. Yes.
MR. BALLANTINE. Q. You do not make the prisoner an agent for the sale of them? A. No—these are not stamped.
RICHARD WILLIS. I am in the employ of Messrs. Bradbury and Evans—I know the prisoner—I have taken parcels to No. 13, Fetter-lane—James Dixon ordered me to take them—I was under him—some were flat, and some round—I do not know what was in them—Emma Dixon used to take them in—I did not take parcels for anybody else in the establishment.
COURT. Q. Who delivered the parcels to you? A. Mr. Dixon, in the room where he worked, where the "Pickwicks" were—the "Punch's" were up stairs.
Cross-examined. Q. There were a number of boys there? A. Yes, fifteen—on Saturday nights, James Dixon used to give me a small parcel to take home to his wife, and Mrs. Dixon received it.
MARY ANN FELLOWES. I am the daughter of John Fellowes, No. 36, Tottenham Court-road. I know Emma Dixon by her coming to our shop—she said she had some parts of the "People's Journal" and "Pickwick" to said into the country, and she had some left, and would be glad if my father would take them—she first came about two or three months ago—she did not say anything about the day they were published, but she brought them on Tuesday—they were the parts for the following Thursday—she left her address, "Mrs. Dixon, 13, Fetter-lane."
Cross-examined. Q. Are you in the habit of receiving publications? A. I received them of her and of other persons—we generally receive the "People's Journal" on Wednesday for the following Saturday—that is three days before it is published—it is so with almost all the publications—we have no country agents—my father had know Mrs. Dixon a long time—he did it to assist her.
JOHN FELLOWES. I am a newsvender, and live in Tottenham Court-road. Emma Dixon called, and told me she had commended publishing numbers of works for country agents, that she had sometimes numbers on hand, and would be obliged to me to take them—I had known her from a child—her father was a newsvender—I had every reason to suppose she was doing business in the country with her father's connection—my daughter attended the shop, and received papers of this kind from her from time to time—they were sent on Tuesdays of Wednesday—I knew Bradbury and Evans were the publishers.
Cross-examined. Q. Had you known Emma Dixon since her marriage?
A. No—that was when our acquaintance was broken off—I was at my shop once when the numbers were brought—I cannot say know how long that is ago—I paid a regular price for them—I am not aware that there is any mode of getting "Punch" before the day of publication.
WALTER TYLER (City policeman, 373.) I went with the prosecutor to No. 13, Fetter-lane, found Emma Dixon, and asked her if she knew Mr. Fellowes—she said, "No"—I asked if she had not sold him some "Pickwicks"—she said, "No."—I searched the premises, and found the property produce—I then, by Mr. Evan's direction, went to his premises, took James Dixon into custody, and told him I had a charge against him for robbing his employers—in going to the station, he said others did it as well, but he supposed he should have to suffer for all.
Cross-examined. Q. What papers did you find besides "Punch?" A. "Pickwick," "Dombey and Son," "Comic History," and a number of others—they were all identified by the warehouseman as Mr. Evan's property—these "Pickwicks" are in monthly parts—I found Nos. 4, 5 and 6 of these on the drawers—they are for June, July, and August.
COURT to RICHARD WILLIS. Q. Where were the parcels got from that James Dixon gave you to take? A. I do not know—they were sometimes covered with wrappers, and sometimes with waste sheets of "Dombey"—they were about the size of these "Pickwicks," and about one inch thick—the round ones were about the size of these "Punch's" when they are rolled up—I never knew what was in them—he told me to give them to Mrs. Dixon.
Cross-examined. Q. Did you ever leave parcels there without seeing Mrs. Dixon? A. No—I gave them to her—she used to say, "Thank you."
JAMES DIXON— GUILTY. Aged 40.— Confined One Year.
EMMA DIXON— NOT GUILTY.
2110. JAMES DIXON was again indicted for stealing 65 pamphlets, value 5s.; and 5 pamphlet wrappers, 1d.; the goods of Frederick Mullett Evans and another, his maters; and EMMA DIXON for feloniously receiving the same, well knowing them to have been stolen.
MR. BALLANTINE conducted the Prosecution.
FREDERICK MULLETT EVANS. I am in partnership with William Bradbury. James Dixon was in our employ—these papers found at Mr. Fellow's I believe to be my property—he had no right to take them—here are thirteen sheets of "Pickwick," seventeen copies of "Punch," and one copy of the "People's Journal."
Cross-examined by MR. O'BRIEN. Q. Were they printed on the Monday? A. Yes, those that are dated the 4th of Sept. would be printed on the 30th of Aug.
JOHN FELLOWES. I am a newsvender, in Tottenham Court-road. These works were received by my daughter—I know Emma Dixon—she told me she had a connection with country agents, and had some works returned on her hands.
had received others of her on ten or twelve occasions of the same kind and antecedent to the day of date.
Cross-examined. Q. Did you have the "People's Journal" afterwards? A. No.
RICHARD WILLIS. I am in the employ of Messrs. Bradbury and Evans. I received parcels about once a week from James Dixon—the last was about Wednesday, a week before his house was searched—I took on that occasion a flat parcel, an delivered it to Mrs. Dixon—she said, "That is a good boy"—it was in a waste sheet of "Dombey"—I do not know what was in it.
WALTER TYLERA (City policeman, 373.) I took Emma Dixon into custody—I asked her if she knew a person named Fellowes—she said, "No"—I asked if she had ever sold him any "Pickwicks"—she said, "No"—I searched James Dixon's drawer, and found some parts of "Punch" and of "Pickwick," wrapped up—I took this key from him—it fitted the drawer.
JAMES DIXON— GUILTY. (Sentence passed on first indictment.)
EMMA DIXON— NOT GUILTY.
GEORGE PETTITT (City policeman, 641.) On the 20th of Aug., about eight o'clock at night, I was directed to watch a house in Half Moon-street—I saw the prisoner coming, whistling close by me, from Long-alley, with this plate of brass on his shoulder—he went into Mr. Ford's, in Half Moon-street—he had this apron over part of the brass, and part was not covered—I saw a "D" and "9" and "6" on it—I followed him into the house, and asked him where the property was that he had brought in—he said he had brought none—I said, "Yes, you did"—I looked round and saw this piece of brass partly covered with the cloth, and said, "This is what I went," and took him to the station—he said he came by it honestly, he bought it of Mr. Foster, in St. John's-square, Clerkenwell.
THOMAS PAICE. I am shopman to Mr. William Farmer, of St. John-street. The prisoner was in the habit of coming there to make small purchases—on the evening of the 20th of Aug. he came and asked me to cut him off a small piece of brass—when I had cut about an inch and a half, he sent me to the back of the premised, about 120 feet, and requested me to cut him off a piece of steel, similar to what he had—I did, and them he desired me to go back again, and cut him ten inches from another piece—I went, and when I came back, he was gone—I went to the door, and met him on the threshold—he paid for the goods he had purchased, and went away—I did not miss the piece of brass till the policeman brought it—it bears my mark—I had cut the prisoner a piece off it or one like it—I could not swear it was this.
Cross-examined by MR. HORRY. Q. Where had he to go to get the brass from? A. Round the end of the counter—he brought me this piece, or one like it—we had plenty of the same appearance as this, but none exactly of this thickness—I know this to be my master's by my mark—I cannot swear it has not been disposed of—Mr. Farmer serves in the shop as well as I—he is not here.
COURT. Q. You cannot undertake to say that this was not sold? A. I cannot—my employer assures me that he never sold it; I cannot undertake to say he did not—to the best of my belief it has not been sold—the price of it would be about half a guinea—the prisoner said he bought it of Mr.
Foster, who keeps a shop of the same description, about 100 yards from our place.
GUILTY. Aged 17.— Confined Nine Months and Once Whipped.
OLD COURT.—Saturday, September 25th, 1847.
Forth Jury, before Edward Bullock, Esq.
GUILTY , and received a good character. Aged 23.— Confined Twelve Months.
GUILTY.— Transported for Seven Years.
MR. PLATT conducted the Prosecution.
ROBERT PAIN. I am in partnership with my father Robert Pain, and my brother—we are farmers at Shepherd's Bush—Tarrant has been in our service for ten years—I did not suspect him till this occurrence—on Friday, the 3rd of Sept., he started, at half-past eight o'clock, with a cart-load of potatoes for Covent-garden market—I followed hi—he had no authority to sell any by the way, unless he had an order to do so—when he had got about half way on the road, the cart stopped at the Swan at Bayswater—I got behind a delivery cart there, and saw Tarrant remove a basket of potatoes from the cart, and take them towards the prisoner Bitmead, who ostler there—I laid hold of Bitmead's collar, held him till the policeman came up, and said, "You are very wrong to take these potatoes"—he said, "Well, I bought them fair enough, I gave your man the order three or four days ago, and was to give 3s. 3d. for them"—that was about the fair market price—I gave them both into custody—this is our basket—it is market with our name—some of the potatoes are here—they are the same kind that we lost—I have not the least doubt of their being ours.
Cross-examined by MR. HORRY. Q. Did not Bitmead say that he had ordered them on the Tuesday before? A. He did—I do not recollect Tarrant saying, in Bitmead's presence, that he had ordered them, and he had forgotten to tell me.
Tarrant. I never did anything of the kind before; I thought it no harm; I was not told not to do it; I sold them at the market price. Witness. I had
never told Tarrant not to sell them by the way—he would have to account to me for them—he has always borne a very respectable character, and I do not wish to press the charge seriously against him—my father and brother are not here.
Before Mr. Baron Platt.
The prisoner did not plead to the indictment; and upon the evidence of Mr. Alfred Baker Cutfield, surgeon, of Tottenham, who had attended the prisoner for two years, and that of Mr. Gilbert M' Murdo, surgeon, of Newgate, and Mr. Charles Holding, the assistant-surgeon, both of whom had examined the prisoner while in the gaol, the Jury found him to be of unsound mind.
2116. GEORGE HAYWARD was indicted for feloniously forging and uttering an order for the payment of 89l. 4s., with intent to defraud Samuel Jones Loyd and others.—Other Counts, with intent to defraud Thomas Murray and another; Other Counts calling it a warrant.
MESSRS. BODKIN and PARNELL conducted the Prosecution.
JOHN HALE. I am clerk to Messrs. Samuel Jones Loyd and others, bankers, in Lothbury. On the 22nd of March last this check for 89l 4s., drawn by Thomas and James Murray to the order of Henry Thompson, was presented to me—I have not the least recollection of who presented it—I paid it with one 50l. Bank of England note, No. 54,509, dated 8th Oct., 1846, and the remainder in cash—Messrs. Murray have an account with us—the letters and number on the check are "e. f. 2359"—I do not know the letters of the check-book that Messrs. Murray had at that time—I have no book here to enable me to ascertain that.
Cross-examined by MR. EVANS. Q. Were there no letters on the Bank note you paid him? A. I have no letters entered—probably there were some, but we only take the number—I did not myself take the date—I obtained that from another book, kept by another party—I merely took the number—if this forgery had not been detected I should not have looked at the date in that book.
MR. BODKIN. Q. Have you that book here? A. Yes—I did not look at it when I paid the note—I do not generally look at this book, unless my attention is called to it—when we commence business in the morning we have a certain number of 50l. notes in the drawers—this was a note that we had from the Bank of England—they are entered in our books when we receive them—all the 50l. notes in the drawers were not had from the Bank of England—I ascertained that this came from the Bank of England from an entry in our books—it is not an entry of my own—I do not check the notes by the book in which the dates are entered, when they are placed in the drawer of a morning.
. JAMES TEWSLEY. I am a clerk in the house of Jones Loyd, and Co. We have a number impressed on the checks given to each customer—I cannot tell the number of Messrs. Murray's checks—on the 20th of March last I remember giving a book of blank checks when the order now produced (looking at it) was brought to the bank—the check now produced was in the book that
I then gave out—I saw the person who brought the order—I have no recollection who it was—MR. Peel kept an account at our house.
COURT. Q. Did you examine the order before you delivered the check-book? A. Yes—I am acquainted with Mr. Peel's writing—this order is very like it altogether—I believed it to be Mr. Peel's writing—I did not look at it particularly—I examined it, and was satisfied it was Mr. Peel's writing.
Cross-examined. Q. Do you now believe it to be Mr. Peel's handwriting? A. I should say it was—I believe it is.
MR. BODKIN. Q. Do you pay check at the counter? A. Yes, some-times—Mr. Peel has been a customer of ours for some years.
COURT. Q. Are you acquainted with Mr. Murray's handwriting? A. Yes—this writing is so much like his that I should have paid it—if I had heard nothing of this forgery, and had been asked my opinion of the handwriting, I should have believed it to have been Mr. Murray's writing—looking at the character of it, I should also have believed the body of the check to be Mr. Murray's writing—I have been in the habit of paying checks for twenty years, and have acquired great experience in handwriting.
MR. BODKIN. Q. Supposing they are forgeries, they are very cleverly done? A. I should think so.
----GIMMINGHAM. I am a clerk in the issue department in the Bank of England—I produce a 50l. Bank note, number 54,509, dated 8th Oct, 1846, which was brought into the Bank on the 22nd of March last by a boy, but who it was I do not know—I paid gold for it—it was the last transaction on that evening, about two minutes to five o'clock.
THOMAS HANSON PEEL. I am a solicitor in Great Winchester-street, Old Broad-street. I was formerly in partnership with Mr. Patteson—I have corresponded with him since, but not much—this order for the check-book is not my writing, it is very like it—I did not send for any check-book about that date—I banked at Messrs. Jones Loyd's then, and do so still—the prisoner was not in Mr. Patteson's employment at the time we were in partnership—it is due to the prisoner that I should state that in my correspondence I never signed my name at full length, but only my initials—I should think there would be a good deal of my handwriting in Mr. Patteson's office.
Cross-examined. Q. In writing checks, or in communicating with your banker, did you sign your name at full length? A. Yes, and in executing or attesting deeds.
COURT. Q. Is it your habit to draw checks with your name at full length? A. Always, and in sending an order to my banker—in all important matters I sign at full length—I should say Mr. Patteson would have a great many deeds in his hands with my signature as the attesting witness, at our separation a great many of the clients remained with Mr. Patteson.
JAMES MURRAY. I am a merchant, in partnership with my brother Thomas, in Copthall-court. We keep an account at Jones Loyd and Co.'s—the check produced is not in the handwriting of myself or brother, or writers by our authority—I have no knowledge of it whatever—I have not got a blank check with me—this is one of our genuine checks—(looking at one)—the number of our checks is "e f 8430"—we have had several check-books from Jones Loyd's—I cannot from memory say whether they all bear the same number, I believe they do—this genuine check is dated 18th of Jan. this year—I dare say the check-book from which this was taken remained is use up to March.
Cross-examined. Q. Your brother sometimes signs checks? A. Yes—the check said to be forged does not appear to be signed by him, it is quite different from his signature—it is a good resemblance of my own—I will undertake to say it is not my own—I did not write a check for this amount at that time.
COURT. Q. Supposing any gentleman had given you that in Paris, and you had not any means of referring to your books here, should you have said positively that you had drawn it or not? A. I should say I had not drawn it, because the writing is not at all like mine, excepting the signature, which is a resemblance—I always write out the checks myself when I sign them—every check is filled up by me—the writing alone would justify me in saying that it is not written by me or by my authority.
MR. EVANS. Q. Do you ever authorize anybody else to sign your name? A. No, nor does my brother—if he authorized any one to sign the name of the firm, it would be signed by procuration, not in this way—no one but a partner in the firm could sign it in this way—I do not see how any one could be authorized to sign, except by procuration, unless a partner in the firm.
EDWARD PATTESON. I am a solicitor, in partnership with my father in Old Broad-street. The prisoner was in our employment about ten months or a little more—he left on the 17th of March last—Mr. Peel's partnership had ceased long before that—the prisoner would not have any opportunity, in the ordinary course of business, of seeing Mr. Peel's signature—there was handwriting of Mr. Pell's which he could get at if he chose—there were deeds kept in boxes in an upper room, and he could have access to them if he chose—the housekeeper keeps the keys, but any of the clerks would be admitted by applying to her—there are many deeds no doubt there attested by Mr. Peel—the signature to this check of the 22nd of March has a strong similarity to the prisoner's handwriting—I should say the signature and the body of the check are the same handwriting—the figures I should say are very like the prisoner's—I do know whose writing this is at the back of the 50l. Bank of England note—the name of Simmonds on the front I should say was the prisoner's writing—I believe he has been sent to Jones Loyd's, with money—my father usually sends to the bank—I do not know in whose writing this order for a check-book is.
Cross-examined. Q. These boxes, you say, were kept locked up in a room up stairs? A. Yes—I do not think the door was always locked—the boxes in which the deeds were kept were not locked—anybody going to the housekeeper and asking for the key would not be a circumstance that would excite notice—I cannot say that we very frequently have occasion to send up—when we have occasion to send up, the clerks go occasionally—we sometimes go ourselves, and sometimes one clerk, sometimes another—there are two clerks in our office, and either of them would go—I cannot speak to Mr. Peel's writing—I am not aware that I ever saw him write—I do not think this order for the check-book is the prisoner's writing—I do not know any person whose handwriting it resembles—there is some similarity between the name of Simmonds on the bank note and the writing on the check—I can swear to the writing on the note being the prisoner's writing to the best of my belief—I have been in the firm since April, 1846—the prisoner left in March, 1847—he was in the service of myself and father during the whole time he was in the office.
MR. BODKIN. Q. What salary had he? A. 10s. a week—the room up stairs is for the keeping of deed-boxes alone—no clerks write in it—the boxes are not locked, the door of the room is—the key is entrusted with
the housekeeper—I do not know that just before the prisoner left, he was in the habit of going up to that room—the cause of his leaving had no reference to anything done in that room—the writing on the note is "Henry Simmonds, 13, Belvidere-street, Lambeth"—I believe the whole of that is the handwriting of the prisoner—I believe the filling up of this check to be similar to the prisoner's—I should be inclined to believe it is his writing—I cannot swear positively to it—I believe it is the prisoner's.
COURT. Q. Do you firmly believe it? A. I should say it was, as for as my judgment is concerned—I apply that observation to the whole of the writing on the check and the figures—I have not been much in the habit of discriminating one handwriting from another, it is no part of an attorney's business—I am unwilling to swear so positively to his writing on the check as to that on the note—I can swear positively to the handwriting on the note—I should say that in the check is not completely his natural handwriting—the clerks would have occasion to go up to the deed-room if either myself or my father wanted to refer to any of the old papers, or to make an abstract of title—there would be nothing in the routine of the office which would call on them to go up, and look at the deeds, without we directed them—it is very uncertain how often a person would be sent up to the room in the course of the ten months the prisoner was with us—a month or two might elapse without it—I could not at all speak with any certainty as to whether there was occasion to refer at all during those ten months—it is quite a matter of course when a clerk goes up to the housekeeper that she should allow him to go into the room—the housekeeper is not here—I cannot undertake to swear whether on any occasion I sent the prisoner up to that room.
ROBERT KENYON. I am clerk to Messrs. Patteson, and have been so about twelve years. I was there when the prisoner was there—I had opportunities of seeing his writing nearly every business day—I know the upper room where the deeds were kept—the prisoner would have access if be pleased to that room—I do not know of his going there on any occasion—I am not able to say whether or not he ever did go there—there would be several drafts in the lower room where he would have to work, but whether Mr. Peel's signature would be attached to them I cannot say—some of them would probably be in the handwriting of Mr. Peel—I do not recollect any assignments of bankruptcy—I believe the figures on this check(looking at it) to be in the prisoner's writing—I cannot say as to the signature, but the figures and date are precisely like his writing—I should say unquestionably that this "Henry Simmonds, 13, Belvidere-road, Lambeth," on the Bank of England note is his writing—if it is not his, I never saw a better imitation—this order, I should say, was not his.
Cross-examined. Q. You say you do not know that the prisoner on any occasion ever went to that room? A. I do not—I have been there frequently—I have known members of the firm go there, not clerks—I should say if any of the clerks went to the housekeeper she would let them have the key—she could let any one else into the room if she pleased—she kept the key—I feel quite confident that the figures on this check are the prisoner's writing—they are not ordinary figures—they are ordinary to the prisoner—I do not know anybody else's writing like them—I do not know that they are made in the form in which clerks usually make figures—I believe them to be in the prisoner's writing—I cannot swear to the fact—I cannot swear that be wrote them—I can swear as to my belief—I have a strong notion about it—I
cannot be certain—I have no doubt as to my belief of the writing—the writing in the body of the check is similar to his—that on the bank note is precisely as he writes quick—I have seen so much of his writing—I have seen him write quick and slow—I do not think there is a great difference between the writing on the note and that on the check—the writing on the check is not an easy hand—I do not think it is an easy flowing writing—the "Henry Thompson" is more easy, in my opinion, than the "£89"—I cannot say a word about the signature at the bottom—I do not think it is very free—it seems to be stiff.
MR. BODKIN. Q. Does it appear to you that the signature on the check has been written with some deliberation, slowly? A. I should think so—I have not the least doubt about the writing on the note being the prisoner's—it appears to me to be written quickly, in his natural handwriting.
COURT. Q. Were you clerk to Messrs. Patteson before the prisoner came into their service? A. I was—I have been there about twelve years altogether—I was not there with Mr. Peel—I think he had just left—I have on doubt I have seen Mr. Peel's signature several times—I never particularly noticed the manner in which he used to sign deeds—during the last twelve months I have been into the deed-room several times for papers—I have free access to the room—I am the senior clerk—the prisoner would not go up there if I was in the office—it is my duty to go up, provided I am there—in my absence he would have the opportunity of going up if he chose—if he went up and told the housekeeper he wanted the key, she would give it him no doubt—she had no injunctions not to do so, we had no suspicion in our office—if I went up she would give it me of course—deeds were occasionally lying about in the office below, not old deeds—I do not remember any deed lying about bearing Mr. Peel's signature—there might have been.
THOMAS CAPES. I have been a companion of the prisoner's for the last five or six months. I became acquainted with him at the Pavillion theatre—I first saw him at the latter end of March, or the beginning of April—my father is a saddler, at 259, Whitechapel-road—I am eighteen years old—I cannot tell how old the prisoner is—I had some conversation with him about going into partnership—he wished to take a cigar-shop—I wished to take a business in my father's line—he had advertised for a cigar-shop—I saw it in the paper—he did not speak to me about it—he was to find the money—he said he had got about 60l.—that was about the third day after I first saw him—he did not show me the money, or say how he had come by it—I never saw him in the possession of much money until within the last three or four months—I have seen, I should say, about 70l. altogether—I have seen him spend money—I have not helped to spend it, I always had a little money of my own by me for what I wanted—I never saw him in the possession of much money till about the beginning of June—we had the conversation about the cigar-shop and saddlery at the latter end of March, or the beginning of April—he was to produce 60l.—he told me he had got it at that time—it was about the beginning of June that I saw the 70l.—he said he was out of a situation, but he had had money given to him by his grandfather—I went with him to the Isle of Wight in June—I should say he spent from 10l. to 12l. there—I spent about 5l.—he paid for new clothes and other things—I did not require anything of the sort—I know a boy named Constable—by his appearance I should say he is about fourteen or fifteen years old—I have seen him and the prisoner together frequently—I have seen the prisoner write three or four times.
Cross-examined. Q. Pray what are you? A. A saddler—I have no business myself—I work for my father—I was working for him last week—I paid for what I wanted at the Isle of Wight, and the prisoner paid the rest—I spent about 5l.—we were gone a week—that was all I spent—I have seen Constable and the prisoner several times in company, and I knew that he was in the employ of Mr. Thorn, of the Pavilion theatre—I earned the 5l.—I put by so much a week—I get from 30s. to 2l. a week as wages—my father pays me that, and I had saved up this 5l.—I first saw the prisoner with the 70l. in Whitechapel-road—it consisted of a 50l. note, and the remainder in gold—I saw the 50l. note—I did not read it—I saw "Bank of England" on it—I could not be off seeing that when it was shown to me—we were in the coffee-room in the gardens by the side of the Pavilion theatre—it was in the evening, about ten o'clock—I think the gas was alight—Mr. Gardener is the publican—it is the Duke's Head—there were several gentlemen there who might have seen the money, but he showed it to no one but me—I do not know those persons' names—Mr. Gardener was in the room—he might have seen it if he thought of looking—I know Forrester—I have never had a quarrel with the prisoner—I was never charged with the forging or uttering of this check—I was never charged with anything wrong in my life—I never saw the check till I saw it at the Mansion-house—I was never charged by Forrester.
COURT. Q. Do you know Forrester? A. Yes—he did not come for me to appear before the Magistrate—I had seen the prisoner with a check-book in his possession, and had seen him with large sums of money, and hearing that he had no grandfather who would give him 200l., I had reason to communicate what I knew, and went to Messrs. Bush and Mullens—no one said they believed I had anything to do with it—I first become acquainted with the prisoner in a beer-shop next door to the Pavilion theatre—I was there with Mr. Thorn, and he came in and wished to be a pupil of Mr. Charlton, the dancer—he came there for the purpose of meeting him—I was in conversation with Mr. Charlton at the time be came in—I took a little walk with him that same afternoon, and went to a coffee-shop, where he expected to receive some letters—when I saw him with the 70l. in June he had the note in a purse, and the gold in a small bag—he pulled it out in the coffee-room and showed it to me—I do not know why he showed it to me—I saw him with a gold watch and chain, and a great deal of jewellery—I said, "Young fellow, you look very smart"—he said, "Yes, I have had 200l. given to me by my grandfather," and then he pulled out the money and showed me—I mentioned about seeing the check-book to Mr. Bace, Messrs. Bush and Mullens' clerk.
Cross-examined. Q. In whose company was he? Q. With a person named Alexander and Constable—I knew Alexander by seeing him before—I did not know his name exactly—Constable is a boy about sixteen.
COURT. Q. Did you take the prisoner in the street? A. Yes—I asked him where he was lodging, and he told me No.4, Hope-street, Stepney—I went there—he told me his friends lived there—I searched his person, and found some papers and a key, which I produce.
MR. BODKIN. Q. Did you inquire at the address written on the bank-note? A. I made inquiries, and found a person named Simmonds, a flour-factor, living in the Belvidere-road, but not at that address—I found no one corresponding with that address.
COURT. Q. Did you find any clothes of his at his house? A. I found clothes which I was told belonged to him—there are no persons from the house here, except his father and mother—his father was not there, the mother was.
COURT to MR. PATTESON. Q. Do you know the prisoner's friends? A. I do not, personally—the 10s. a week was not enough to maintain him—I presume he had friends on whom he could rely for further means of support—he informed me that he lived in Stepney—I never went there myself.
MR. EVANS called
JOHN HARRIS. I am a cooper, and live in Carr-street, Stepney—I have known the prisoner about twelve years—he bore a very honest character—I went to school with him for two years—I never heard anything against him.
MR. BODKIN. Q. Did you know him when he was in Mr. Patteson's service? A. I did—I do not know why he left—I do not know whether he was dismissed or not—he has been out of place since—he has been trying to get a cigar-shop; in fact, about March, I lent him 20l.—I think it was on the day he left—I have not said anything about that 20l., except to his friends—I have said nothing about it to-day—no one has spoken to me about it to-day, to my knowledge—I have been sitting in Court—Mr. Andrews, the solicitor, came to me, and told me not to forget about the 20l.—I had spoken to him before to-day on this matter—he said that to me not above a quarter of an hour ago—he told me not to forget to mention it.
MR. EVANS. Q. And you did lend him 20l., you say? A. I did—I swear that—I had mentioned it to his friends and to his solicitor before I came here, and I was told not to forget to mention it.
COURT. Q. Until this charge was made against the prisoner, had you ever heard anything against his character? A. Never—I am a journeyman-cooper, in employment—I was out of my time about eight months since, and have been employed ever since, except one month, by Mr. Read—I am still in his service.
(William Hughes, of No. 1, William-street, also gave the prisoner a good character.)
GUILTY of the forgery. Aged 19.—Recommended to mercy by the Jury, in consequence of his previous good character.
2117. GEORGE HAYWARD was again indicted for forging and uttering an order for the payment of 140l., with intent to defraud Thomas Hallifax and other.—2nd COUNT, with intent to defraud John Fenton ; and WILLIAM ALEXANDER as an accessory before and after the fact.
MESSRS. BODKIN and PARNELL conducted the Prosecution.
WILLIAM THOMAS. I am a clerk to Messrs. Glyn, Hallifax, and Co., bankers—Mr. Thomas Hallifax is one of the partners—there are five others—the check produced was presented to me for payment on the 19th of June—it is for 140l., purporting to be drawn by John Fenton, in favour of Beresford and Co.—I cashed it in two 50l. Bank of England notes, and 40l. in gold—the numbers of the notes are 90858 and 84837, dated 6th Jan., 1847—I do not think I should know the person again who presented it—I do not think it was either of the prisoners.
Cross-examined by MR. EVANS. Q. Did you make the entry yourself? A. I did.
Bank of England—this 50l. note, No. 84837, 6th Jan., 1847, was presented at the bank on the 19th of June last, just as the clock was striking five—it was the last note I cashed—I gave fifty sovereigns for it—the name of John Fenton is on it—it was not written by the person who presented it—he came in very late, and to save time the inspector of notes wrote it.
Cross-examined by MR. EVANS. Q. Do you know who presented it? A. It was presented by a boy—I do not know that I have ever seen him since—(the boy Constable was here called in)—to the best of my recollection, it was a buy about his size—I think he had a jacket on at the time.
JAMES PARSONS MELMOTH. I am a clerk to Messrs. Glyn and Co.—the check produced has been taken out of this check-book (looking at one)—the number is 877—that is not a number that runs all through the book—the number preceding is 876, and the last in the book is 878—I find the margin of this particular check left in the book—I issued that book from the banking-house on the 19th of June in consequence of a written order—I destroyed the order—it was very similar to Mr. Fenton's writing—it purported to be an order from Mr. Fenton, and was worded, "Please to deliver to bearer a check-book, and oblige yours, truly, JOHN FENTON."
Cross-examined by MR. EVANS. Q. Are you sure it was destroyed? A. I am quite positive of it—I always was so—I never said I thought I had lost it—I told Mr. Bush I thought I might be able to find the fragments, but I never could—I never said I thought I could find it.
MR. BODKIN. Q. Did you search for the fragments? A. No.—one of our porters did—I destroyed it at the moment—it was several days after I had destroyed it, and thrown the fragments down, that I directed them to be looked for—a boy very similar to Constable brought it—I cannot swear to him—the same boy afterwards presented the check for payment—it was presented on the same day, within an hour or two afterwards—Mr. Thomas showed me the check, and I said, "Yes, it is all right, it is Mr. Fenton's check; he came from Mr. Fenton's just now;" and the boy said, "No, Mr. Fenton's clerk sent me for it."
COURT. Q. What time elapsed before the check was presented after the book was obtained? A. About two hours, to the best of my belief—that did not excite my suspicion at all—it was another circumstance that excited Mr. Thomas's suspicion.
MR. EVANS. Q. Are you quite certain that is the book you issued on that day? A. To the best of my belief—I am certain by the entry—the entry is my writing, and also the number of the check, because I register the numbers as well, and in that book I find all the numbers in the check-book—they commence from 801 to 901—I made the entry on the 19th of June, and my name stands against it.
COURT. Q. Have you the same number of checks in each book you send out? A. No—in some there are 50, in some 500, in some 5000—it entirely depends on the nature of the account.
MR. EVANS. Q. How does Mr. Fenton sign his name? A. In the same way that this is signed—I am not a cashier, but I know his handwriting—I should not hesitate in the least in saying that was his—I am not in the habit of paying checks—I know the writing of all the customers—Mr. Thomas applied to me when the check came, and asked my opinion upon it—he said,
"It is all right, is it not?" I said, "Yes, it is all right;" and he paid it upon his own responsibility and mine.
WILLIAM KING (policeman, H 83.) I found this check-book in Crispin-street, Spitalfields, in the middle of the carriage-way, about a quarter to two o'clock in the morning, on the 16th of July last—I only saw one person near at the time I picked it up—he was crossing the street—the nearest I saw him was about twelve yards—I could not see who he was exactly.
JOHN FENTON. I am a wine-merchant in Mark-lane, in the City. I have an account at Glyn and Co.'s—I know nothing of either of the prisoners—this check is not my hand-writing, and I know nothing about it—it is very like my signature—I think I could detect the difference myself, but it is a very close imitation—I have never seen this check-book before; it is not one of mine—I find my own name on some of the checks—I know nothing about it—this letter (looking at one) reached me by the post; it is signed "Charles Smith"—I do not know any such person—I sent an answer the following day, the 16th of June—I signed the letter "John Fenton," in the same way that I sign checks—I directed the letter to Mr. Smith. (The letter produced was an inquiry respecting a vessel called the "Henrietta," and requested the reply to be forwarded to Charles Smith, 7, Wormwood-street.)
Cross-examined by MR. EVANS. Q. Do you know whose writing the check is? A. I do not—I expressed my belief about it at the Mansion-house—it is very similar to the writing of a clerk who was in my employment—that was my opinion—my belief is shaken from circumstances that have happened since.
MR. BODKIN. Q. There is a similarity in that writing to the writing of a clerk of your? A. Yes—his name is Hubbard—I have seen him here to-day—that similarity induced me at first to suspect him of being the writer of it—my present belief is that he is innocent—my answer to the letter simply stated that I knew nothing of the vessel the writer inquired after.
COURT. Q. Were you discharged? A. I was taken into custody on suspicion on the 22nd of June—I have not yet returned to the employment—my employer did not direct me to be taken into custody—I believe it was the backers—I have not applied to be taken back, but I expect to return in the course of a few days—I know nothing of the check.
THOMAS CRAFFORD. I keep a coffee-house, at No. 7, Wormwood-street, Bishopsgate. I know the prisoner Hayward—I never knew him by any name until he asked me if he might have a letter directed to him at my house in the name of Charles Smith—I am not positive when that was—I think it was the latter end of May, or the beginning of June—it might be somewhere about June—there was a letter came directed to Charles Smith—it was given to him by one of my servants—I saw it given to him—I told her to give it to him.
Cross-examined. Q. In what month was that? A. Either the latter end of May or the beginning of June, I am not certain which—I am not positive it was not in May.
MR. PARNELL. Q. Did you take in more than one letter at your house directed to him? A. Never, since I have been there.
MR. EVANS. Q. You are in the habit of taking in letters of this kind, are you not? A. For lodgers that I have staying with me—the number of lodgers I have varies—mine is a large house—I let sixteen beds—I have
occupied the house fourteen months—I have occasionally a good many lodgers, and sometimes only three or four—I never had one of the name of Smith that I know of—I never before had letters directed there to parties who did not reside there—I have had one since, for a gentleman named Dixon, a traveler to Mr. Christy, a grocer in Whitechapel—I am not positive when this was, it might have been the latter end of May, or the beginning of June.
COURT. Q. Was it late as the end of June? A. No, I am certain of that.
COURT. Q. You cannot form a belief upon it? A. I cannot
Cross-examined by MR. EVANS. Q. Just look at the check, can you say whose writing that is? A. The figures "19" and "47" are precisely like the prisoner's writing—I cannot say as to the writing—the writing appears to be different—it does not appear to be written by the same hand—I cannot answer as to the figures being ordinary clerk's figures—people make figures differently—I do not think that clerks who are in the habit of writing, make figures very much alike.
COURT. Q. Have you looked at the figures in the amount? A. Yes, they seem to have been written by the same hand—they are very similar to Hayward's figures—I have my doubts about the writing in the body of the check—it is quite different—I should say the figures were Hayward's writing, and the body of the check not—according to my judgment the body of the check is not his writing, and that leads me to doubt whether the figures are his, although they are very much like his.
WILLIAM BACE. I am clerk to Messrs. Bush and Mullens, the solicitors for the prosecution. I served the prisoner Hayward personally on the morning of the 23rd, with a notice, of which this is a copy. (This was a notice to produce the answer of Mr. Fenton.) I also served a copy of it on his attorney. (The letter was not produced.)
JOHN ROWLEY. I am employed in the East-India Dock Company's warehouse, in Crutched-friars. I also act in the evening as check-taker at the Pavilion theatre—I know Hayward, and I know Alexander by sight—I remember seeing Hayward on the 21st of June last, at the Mulberry Tree, Stepney-green—there was a publican's ball there, and therefore I know it was on that day—I was there after being at the Pavilion Theatre—I saw Hayward in the ball-room—I was there as one of the company, and he also—we left the ball about half-past twelve o'clock—he wished me to sleep with him that night, and I slept at the coffee-shop—he said he had got a 50l. note, three sovereigns, and some silver about him, and he had a gold watch and chain—he said he had given eighteen guineas for the watch—I had known him before, by coming backwards and forwards to the Pavilion—I did not see the note, I saw the purse—he had the note inside the purse—there was one note, I could not tell whether it was a 50l. note or not—I saw no appearance o a note, but he told me had it—the next morning I went home and got my breakfast, came back, and went with him to Rotherhithe—I dined with him there—he paid for the dinner—he put his purse on the table, and said he had got a 50l. note there and some sovereigns—some time after that, I think on a Saturday morning, about the middle of July. about the 17th, I saw him again, at the corner of the New-road, White chapel—he wished me to go with him to the other end of
the town—I went to the post-office at Charing-cross, at the corner of Trafalgar-square, he there gave me a 50l. note, and asked me if I would be so good as to get 1l. worth of postage stamps for his brother—I said, "Mr. Hayward, what name must I put on the note, your name or mine?"—he said, "You can put any name you think proper"—he told me to put "Spring-gardens" as the address, or some place in the neighbourhood—I do not know whether that is near the post-office or not—I went to the post-office and presented the note, and the gentleman said he could not give me change for a 50l. note, and gave it me back—Hayward was about twenty minutes before he came back—I gave him the note back—I went with him afterwards towards the Bank, towards home, Mile End way—he did not say anything more then—I did not get the change—he said it was of no consequence, he would borrow 2l. or 3l. of Charlie—I told him he could get change at the Bank if he thought proper—I merely looked at the note, and shut it up again—I had no suspicion that it was a bad one—I just gave it to the clerk at the post-office, he looked at it, saw the amount, and gave it me back—he did not object to it as not being a Bank-note, I did not notice anything on the note—I noticed that it was rather a dirtyish note—(looking at one)—this one is not the right note—(looking at another)—I can almost swear that this is the one—I saw some writing that looked like that at the top—I am not a good scholar, and cannot tell what that writing is, but it was like that—I have seen Hayward several times at the theatre—I have known him for the last four months, coming backwards and forwards—this boy, Constable, was the call-boy of the theatre—I have seen him in Hayward's company several times—I have seen Hayward and Alexander together, I should say, about three or four times within the last four months, more frequently within the last six weeks—I never saw them all three together—I have seen Hayward and Constable together, but never Alexander and Constable—I have frequently met Hayward and Constable together, going to have something to drink—I have met them at the top of the Minories, going to have some ale, and I have had a drop of ale with them sometimes—I have seen them very late together.
Cross-examined by MR. ECANS. Q. Did you know Hayward before the ball? A. Yes, two or three months before that, he was backwards and forwards at the theatre, passing through into the pit—we did not go together to the ball—I cannot leave till the theatre is nearly over—I happened to meet him at eleven o'clock, and went over to the ball afterwards—we slept together that night—I am married—I left orders that I was not coming home that night, because I know I could not, without keeping my wife up very late—the ball was not over till half-past twelve, then I had to walk all the way to Aldgate—Hayward wished to speak to me, and that made me stop—I dined with him next day—he paid for the dinner—there was nothing at all extraordinary in that—I have often had gentlemen treat me to dinners—I saw his purse laid down, with a note in it, and I likewise noticed a sovereign and some silver—it was a steel purse—it was a 50l. Bank of England note that I presented at the post-office—I could read "50l."—I can read very little—I can put my own name, but I am not scholar enough to read off-hand, or read old English—I gave no evidence at the police-office—I have never been examined publicly before with reference to this transaction—I do not know the name of the clerk at the post-office—I have not seen him here to-day—I merely handed the note in at the box—my mistress was the only person to whom I named this—I might have named it to one or two—I mentioned it to nobody else that I know of, except the police—I mentioned it to them the very same night—I named it to the solicitor; I gave him all the particulars—that was about a week ago.
Cross-examined by MR. METCALF. Q. When did you first see Alexander with Hayward? A. About two months ago—I passed them together—I have seen them backwards and forwards for the last six weeks, several times before, and several times afterwards, but not before two months ago.
COURT. Q. Have you often seen Constable in company with Hayward? A. Yes, very often, about a dozen times or so in the course of the last two months—I did not meet Alexander at the ball.
SUSANNAH LOUISA REEVE HERBERT. I am the wife of William Herbert, a tailor—he left this country on the 7th of Aug.—he was here in July—he was then anxious to dispose of a general business which he was carrying on at No. 1, Boswell-court, Devonshire-street. Queen-square—he employed a person named Morley as his agent. The prisoner Alexander came on the 26th of July, and said his name was William Hammond—I heard him say his name was Hammond—he said he came from Mr. Morley, and he came to buy the business—he said he would take it—he was to give 35l. for the business and the shop fixtures—I have a copy of the list of fixtures that we gave to him—he paid the deposit, 8l., out of a 50l. note—this is the note—he was to come again and settle it on Friday, the 30th of July—he gave the note to my husband, and he wrote on it, "Mr. Herbert, Boswell-court, Queen-square"—I did not see him write it, but this is my husband's name, and I believe it to be his writing—I saw it was a 50l. note—my husband had not got change, and he went to Mrs. Cover to get change—he came back with change—I was present all the time he was away—he gave Alexander the full amount—he gave him 45l. in notes, and 5l. in gold, and he gave my husband a 5l. note, and two sovereigns, and two half-sovereigns—Mrs. Cover come over, asked the prisoner for his address, and he gave "William Hammond, 11, Baldwin-street, City-road"—that was at the same time that the change was brought—Mrs. Cover came to see who the person was that had brought the note to my husband, and he gave that address—I saw him give it to her—he never came again—I afterwards saw him in the pit at the Pavilion Theatre—I do not recollect whether Hayward was with him.
Cross-examined by MR. METCALF. Q. Did you ever see him before he came to inquire about the purchase? A. No, and never since, except on this one occasion at the theatre—he called twice at my shop—the first time he called to look at it, and said he had come from Mr. Morley, and the second time he came to bring the note—I can identify him as the man by his appearance, and he wrote that address, which Mrs. Cover received from him, and she identifies the same man.
COURT. Q. Look at the prisoner, and say from your own recollection, whether he is the man or not? A. Yes, he is—I recollect his person.
MR. METCALF. Q. What was the deposit first proposed? A. He said, "I will give you 5l., if that will do"—I said, "Yes, it will do;" and after the change was given he said, "I may as well leave you 8l., I shall have less to pay on Friday;" and he left 8l.—my husband has gone to America—I saw him sail in the ship Quebec, bound for New York—I told the prisoner when he came that we were in contemplation of going; and in consequence of his not purchasing the business, I am left to dispose of it.
MR. BODKIN. Q. I believe you are waiting here till the trial is over? A. Yes—I shall follow my husband directly I receive his first letter, if he writes for me.
ANN COVER. My husband keeps a public-house opposite Mrs. Herbert's I remember Mr. Herbert's coming over with 50l. note for change—my husband was up stairs at the time—he came down directly after, just as Mr. Herbert was taking the change off my counter—in consequence of something
he told me, I went over to Mr. Herbert to make some further inquiry about the note—I found Mrs. Herbert there—Mr. Herbert was not there when I first got there—there was a dark young man talking to Mrs. Herbert, it was Alexander—I am quite positive of him—I did not know his name then—I have heard it since—I went and asked him his address, because my husband said I was wrong in taking the 50l. note—I had the 50l. note in my possession then—Mr. Herbert had the change—I did not see him give it to the prisoner—I saw it lying on the table, and he was there sitting down on the table—I asked him for his address, and he wrote this in my presence as his address (read,) William Hammond, 11 Baldwin-street, City-road"—I left the prisoner there—I saw him again at the Pavilion Theatre with a lot more, the pit was full—Mr. Forrester took me there—I should say that was three weeks or a month afterwards—I had never seen him on any but these two occasions.
Cross-examined by MR. METCALF. Q. Did you see him write this? A. Yes—I waited while he wrote it—Mr. Herbert had left the pen and ink there—I saw him put his pen to the paper—he said he was a very bad writer—I am positive of that—I am quite satisfied that the prisoner is the man.
THOMAS CAPES. I am a saddler, working with my father. I have known the prisoners about five months—I have known Hayward the longest—I have not been much with them—I have seen them together often—I have seen there with Constable several times at the theater, in Whitechapel, and about there—I recollect being with Hayward at the end of June, and having some brandy and water with him—he then said that his grandfather had made him a present of 200l.—he showed me about 70l. at that time, a 50l. note, and the remainder in gold—the money was in a bag, and the note in a purse—he did not talk at that time of what he was going to de in business—he was not then in employment, I do not know whether Alexander was—it was before then that I went with him to the Isle of Wight—I recollect, about three months ago, in the evening, being with Alexander and Hayward, and two others, named East and Penny, in Baker's-row—that was before we went to the Isle of Wight—I have known Forrester, the officer, by sight, for two or three months—I mentioned the name of Forrester to them, it was about a week after we returned from the Isle of Wight—I said, "Have you seen Forrester, the officer, looking about?" Hayward was standing a short distance off, and Alexander was there—they passed it off in a sort of joke, they did not say much—I said it to Alexander and the two young men who were with him, they were coopers—I said, "Have you seen Forrester looking about?"—I had not really seen him—I merely asked them that—upon that, Alexander gave the two gents. a bit of a nudge and a laugh, as much as to say, "Do you say a word," and it was all peace and quietness in consequence—I went away, and left them standing there—I saw Hayward again the same night—he said, "Have you seen Forrester looking about?"—I said, "No, I have not"—he said, "You must have seen him, or you would not have said anything about such a thing," or something like that—he told me he had got into a mess, and he did not know which way to get out of it—he said, "If the question is put to you whether you have seen me with a gold watch or a large sum of money, be sure and say no; say you never saw me with more than a few shillings"—he did not mentioned anybody that was likely to put that question—I said, "Well, perhaps you will have no objection to tell me what this mess is"—he said, "No, I would rather you would ask me for 5l."—Alexander came up at the time, and Hayward told him he would speak to him in a moment—the last words he said, "Be sure you do not say a word, or I shall be lost for ever"—Alexander could
hear that quite well—he was not standing more than two yards off—after they went away together.
Cross-examined by MR. EVANS. Q. When was it that Hayward told you he had received 200l. from his grandfather? A. About from the 5th to the 15th of June, or the 16th, or the 20th, I am not certain to a day—I do not know what day of the month it was—we started for the Isle of Wight on the 27th of June, and it was a week before that—I have always made that statement—we were a week at the Isle of Wight—the conversation about Forrester took place about a week after we returned—I had not seen Forrester before I said that—I thought if I could hear anything by saying that, I should—that was all the reason I had for putting the question—if there was anything to be heard, I thought it would be as good a question to put to them as any—I only heard what I have just now stated.
Q. What was this about the nudge? A. As they were all standing together, I came up, and said, "Have you seen Forrester," and Alexander gave a nudge with his elbow and a wink, as much as to say, "Don't say a word"—I think I mentioned the wink before—they did not say a word—it was intended to keep their tongues still, I supposed—the conversation I had with him was not by a nudge or a wink—he told it me in so many words—it was about a week after we returned form the Isle of Wight, about eleven o'clock at night, opposite my father residence—I spent about 5l. on that trip—I received no money from Hayward, and no presents—I did not receive a pair of boots from him as a present—I bought a pair of boots—I swear he did not pay for them—he spent about 12l.—he bought a new coat, two or three riding whips, and also some presents, to send to his young lady, and one thing and another, I do not know what he spent—we spent out riding—we had a horse and chaise for three days—we paid for that between us—it was 10s. a day—I paid 15s.—we lived at different hotels—I do not know what I spent—taking one day with another, I spent about 8s. or 10s. a day—those were my own expenses—we were not all the time in the Isle of Wight—we were away a week, we left London on the Saturday, and returned on the next Monday week—of course we had eatables and drinkables, we could not do without, and a bed—my expenses only came to 8s. or 10s. a day—we travelled by the third-class—he spent more than me, because at the time we were at the hotel be wanted things that I did not care about—I do not know in whose writing this check is—I have seen Hayward write several times, and know his writing—I have seen a check-book in his possession, but not of this nature, not from the same bankers—I cannot swear that this is the one—(looking at the one produced)—the book that was in his possession had two short names, which I mentioned to Mr. Bace, the clerk of Bush and Mullen's, when I first went there—the first names was "John"—I can swear that—I saw that book about the 10th of July.
Cross-examined by MR. METCALF. Q. Who was the nudge and wink intended for? A. For the two coopers, not for Hayward—he was standing there.
COURT. Q. When did you see Hayward with a book like that in his possession? A. At the Pavilion Theatre—it was hanging nearly out of his pocket—I took it out, thinking he night lose it, I turned over a leaf or two, and he turned round and snatched it away—that was about the 10th of July, after we returned from the Isle of Wight, I saw the name, I just turned over one or two of the leaves, and I observed there was a signature in the book, the Christian name was John, and the other was a short name—I did not notice the banker's name;—I did not ask him what it was—he did not ask me
for it, he snatched it away from me—he appeared quite offended—he made no observation, but walked out of the theatre soon after—that was after the time of the conversation I spoke of, with a nudge and wink—it was after he told me he had got into a mess—we had not gone to the theatre together, I do not think we ever did, but we have met there occasionally—I saw him occasionally after he said he had got into a mess, we were good friends, nothing had led me to avoid his company, I still associated with him—I never heard that he had a banker—I do not recollect what the name of the banker on the leaves of the check-book was—I was very much surprised to find him in possession of a check-book—I did not make any communication about it, I kept it a quiet as I could, I thought I might find out something more, that was my reason—I first left off keeping it quiet, about a month back—I did not keep it quiet till Hayward was in custody—I stated it between a fortnight and a week before he was taken—I made that communication to Mr. Bush's clerk; having seen a reward advertised in the paper, I went to them, knowing they were gents. that prosecute, and told all I know—the reward did not relate to this prosecution, but to a forgery in the country.
MR. BODKIN. Q. Did you see that advertisement in a newspaper, or against a wall? A. In a newspaper—I learnt from that that Bush and Mullens were solicitors to the Banker's Association, and I went to their office—when this use was made of Forrester's name, I was in the street, passing the Pavilion Theatre—it was at night—I had not seen Forrester—I had no reason to believe Forrester was looking for him—it was an invention of my own, because I suspected him—I made inquiries about his grandfather of every one I thought was likely to know, they said he had a grandfather, but he was a very poor man.
ISABELLA HAYWARD. I am the mother of the prisoner Hayward. At the time this occurred he lived at home with me, at No.4, Hope-place, Stepney—I remember Forrester coming there—I showed him my son's bed-room—there were some drawers, which he opened with a key that he brought—the prisoner has a grandfather living at Scarborough—he has been a ship-builder—he now has a small pension.
Cross-examined by MR. EVANS. Q. Where were the drawers? A. In the front parlour—the lower drawer was in my son's possession—he kept books and papers in it—I do not know where his grandfather is at the present time—no inquiry has been made—I have not seen him for some time—I have seen him since my son was taken into custody—the other drawers were locked—his brothers had the key—he has two brothers, both older than him—they live and sleep at home—they all have access to these drawers.
MR. BODKIN. Q. Do you remember Forrester bringing a key with him? A. Yes—I believe it opened the lower drawer—that was my son's drawer—I was not in the room at the time—the grandfather's pension is about 10l. a year—he has expectations of possessing property—I do not know exactly what the expectations are.
DANIEL FORRESTER. I took the prisoner Hayward into custody at the corner of Court-street, Whitechapel—Alexander and the lad Constable were with him—I had had my attention drawn to them for some length of time before that day, more particularly to Hayward—I had seen Alexander—I cannot say he was in his company with Hayward, he was near to him—I had reason to think so, but I cannot say, because I was at a distance off, at the theatre—I have seen Constable in company with Hayward frequently—on taking him into custody I searched him—I found a bunch of keys and these papers on him—I went to his mother's house, and opened the lower
drawer of a chest of drawers in the lower room—it was locked, I opened it with a key which I found on him—I produce some things which I found in that drawer—I found this sheet of blotting-paper—on holding it up to the light the reverse way, I can make out the words "John Fenton"—it is now in the same condition as when I found it—I have compared it with the check said to be forged—it does not correspond with the impression on that blotting paper—I believe they are not the same—it is not impression of the forged one—I have not compared it with all the checks—I took Alexander in to cus-tody at the same time I took Hayward—there was another officer with me—I took hold of both their arms, and popped them both into a cab as soon as I could—Hayward asked me what I took him for, and I told him he was charged with uttering a forged check on Jones, Loyd, and Co., for 89l. odd, about the middle of March, or something to that effect—he made no reply—I said nothing more at that time—he asked me a question or two, to which I did not give him any answer—I think he asked me what the other officer's name was, or something of that sort—I did not tell Alexander at that time what he was charged with—at the Mansion-house I told him he was charged with passing a 50l. note in taking a shop in New North-street, Queen-square, of a person named Herbert—he said he knew nothing about it, he had never had a 50l. note—I received this address, "W. Hammond, No. 11, Baldwin-street, City-road"—I made inquiries at the place, and found no such person known there.
Cross-examined by MR. EVANS. Q. The papers you handed to me are what you found in the drawer? A. No—on the prisoner, Hayward's person, among the rest, I found a 50l. note of the Bank of Elegance—I found these papers and letters on his person—I took the key from him—I took him into custody in Whitechapel-road.
Cross-examined by MR. METCALF. Q. What did you find on Alexander? A. Nothing that I kept from him—I do not think he had much on him—I searched his lodging, and brought away two duplicates, that was all—they had nothing to do this case.
ANN COVER re-examined. I should know the 50l. note again, by my husband's writing—I saw him write on it, and likewise Mr. Herbert at my bar—this is it (looking at it)—my husband's initials, "J. C.," are under Mr. Herbert's name—he wrote Mr. Herbert's name as well in the corner.
Francis Hayward, (the prisoner's father,) No. 4, Hope-place, Stepney; and William Hughes, of No. 1, William-street, Commercial-road, gave the prisoner Hayward a good character: Alexander also received a good character.
HAYWARD— GUILTY. Aged 19.— Transported for life.
ALEXANDER— NOT GUILTY.
THIRD COURT.—Saturday. September 25th, 1847.
PRESENT—Sir CHAPMAN MARSHALL, Knight, Alderman; Mr. Alderman
MUSGROVE; and EDWARD BULLOCK, Esq.
Second Jury, before Edward Bullock, Esq.
(MR. CLARKSON offered no evidence.)
GUILTY. Aged 53.— Confined Nine Months.
MARTIN CASEY (City policemen, 284.) On the 1st of Sept., at half-past eight o'clock in the evening, I stopped the prisoner in Field-lane, took her to the station, and charged her with having some handkerchiefs—she produced two—an owner came for them.
HENRY COX HIPPISLEY JUSTINS. I live in Cloudesley-street, Islington, On the 1st of Sept., about nine o'clock at night, I was in king-street, Holborn, I felt a jerk at my pocket, and immediately missed my handkerchief—this produced is it.
Prisoner's Defence. The handkerchief was left with me by a young man, for lodging.
SAMUEL PROSSER. I am a seaman, and live at No. 5, Chigwell-hill. On the 14th of Sept. I was sleeping in the same room with the prisoner, he in one bed and I in the other—he went to bed three-quarters of an hour before me—I had 6l. in gold, five shillings, and some copper—I put it into my waistcoat pocket, and put it under the pillow, under my head—I went to sleep, and awoke about half-past five o'clock—the prisoner was getting up—I went to sleep again, and awoke at half-past six—the prisoner was not there—my waistcoat was there, but the money was gone—two bad pieces were put into my pocket instead of it—the prisoner never came back—he was lodging in the house before me—nobody slept in the room but us.
Prisoner. Q. Did not you find the bad money on the floor? A. No, in my waistcoat pocket—I felt my money there when I went to bed—I was quite sober.
ELLEN LINDSEY. I am the wife of George Lindsey, of the Home, Chigwell-hill. Prosser and the prisoner lodged there—the prisoner had come on the Saturday night previous—it was the second time he had been there—Prosser was in the habit of giving me his money to keep—I gave him 7l. odd on Monday afternoon—I was in bed when he come home, and he did not give me his Money—he is a very sober man—I never saw him drunk—on Tuesday morning, at half-past five o'clock, I heard my street door slam—I opened my window, but saw no one, I dressed myself, and at half-past six Prosser called to me, and said he had been robbed—I have seen these coins produced in the prisoner's possession, and cautioned him about passing them—he said he would pass them abroad, and could do so there with propriety—he said ha had bought them—they are something like the sovereigns you buy in the street.
ROBERT WILSON. I am a seaman, and live at this house. On Friday morning I saw the prisoner in Howell-street, Minories, and said, "Charley, I thought you were in Liverpool by this time"—he said, "For what?"—I said, "You know what; what have you done with my new Hamilton?"—he said he knew nothing about it—I said, "Come and take a walk"—we went towards Tower-hill"—he said, "Don't go that way, I know you want to give me in charge"—I said, "Yes"—he said, "If you are going to do so, come
this way"—we went up the Minories, towards the railway, and I gave him in charge.
MARY ANN BIGNELL. I am an unfortunate girl. On Tuesday night the prisoner slept with me—I had known he before—next morning I got up and left him in bed—he got up afterwards, went out, came home tipsy, and went to bed—I heard something about the robbery, went up, and said, "Charley, what have you been doing?"—he said, "Nothing"—I said, "Yes, you have been robbing a man named Tiffy"—he said, "No, I have not"—I said, "Mrs. Coleman told me"—he got up, and ran out of the house—I saw him that night in the Three Crowns—a girl there said I had half of the 5l.—I left him there.
Prisoner's Defence. The room could be entered by any person; the door was open; a young man lived in the house; Bignell told me she did not want me, and told me to march, and that there were three policemen there; I got up and went out.
GUILTY. Aged 28.— Transported for Seven Years.
SARAH TUCKER. I am the wife if William Tucker, of Warren-street, Fitzroy-square. The prisoner has occupied a room in my house four years—three weeks or a month ago, in consequence of an annoyance, I went to her room—she was not there—I staid there till she came, and spoke to her of the filthy state of the room, which annoyed the house exceedingly, and begged her to clean it—she said she would, but did not—about a fortnight ago, when she was out, I went to clean the room myself, as I found she was not likely to do it—I had her boxes removed to the leads on the top of the house—a bundle was found in one of them—I untied it, and found what I supposed to be a child—I called in the police, and a beadle took it away—about three years before I had spoken to the prisoner about being in the family-way—she said she was not, and I believed her—her appearance gave me that idea—I observed no difference in her appearance afterwards.
Cross-examined by MR. SIMPSON. Q. Have you children of your own? A. Yes—I did not know the prisoner before she came to live with me, or how she got her living—she boarded and lodged with us on the most friendly terms—she had a little money from her relatives—she advanced some money to Mr. Tucker at one time—it was seven or eight months after she came that I spoke of her appearance—I never knew her to keep company with any one she was rather religious—I have no reason to suppose her weak in her intellect—I have never cleaned the room out before—I did it because the smell was so great—I had a key, and entered the room as I did two years ago—I then desired the nuisance to be removed, but it was not—she moved in to another room, and the offence followed her—I insisted on her cleaning out the room a good many times—I did it, because I knew she would not—I only went in to the room once in the four years—I then examined the room, but found nothing—the body was tried up in a towel, completely swaddled; it was a perfect skeleton, no flesh—the box was open—I screamed out, and the lodgers heard me—I fetched the policeman, and gave the prisoner in charge—her money has been returned by instalments—I was indebted to at her at the time I suspected she was pregnant—she used to work as needle women at a
tailor's—I know nothing of her keeping company with any male—I always highly approved of her conduct—she was observant of going to Church, and was very well conducted—I had children in the house—her conduct to them was tender, kind, and humane.
Cross-examined. Q. Did you tell her she had better tell you all about it? A. No, she told me voluntarily—I said, "You had better be careful what you say, for I shall most likely repeat it to the Magistrate"—she said, "I will tell the truth, it is my child, it was born dead; I did not know what to do with it, and put it into the box; it has been there three years"—I asked if anybody attended her—she said, "No, I delivered myself."
JOHN KERISON PRESTON. I am a surgeon, and live at Edward-street, Hampatead-rood. I was called in to see the remains of a child—it was in a very dried state, as I should expect to find it after having been there three years—it was covered with muscles—they were in a dried state—it was a mummy—nothing remained but integuments and muscles—the brain and the viscera were wholly gone—there was not sufficient for a person who was not a medical man to determine the sex—there was great difficulty to decide—I saw the bundle in the box, with some of the rags, and saw it untied.
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy by the Jury. — Confined Three Months
RICHARD POYNTER. I am a butter-factor, at Dorchester, and send butter to Mr. Snook, by Ford and Co. I mark the casks with a diamond, and an 0 in the middle—I do not mark any so but Mr. Snook's—on the 29th of July I sent two firkins of butter, by Ford and Co., to Mr. Snook—they weighed 68lbs. and 65lbs., and each was marked with the diamond and O, "Nos. 15 and 16," and "M. G," the initials of the maker—I sent this invoice the same day—Mr. Snook returned it to me.
JOHN LOCK. I am carman to Ford and Co., of Clapham, and Lawrence-lane. Two casks marked with a diamond and O were put into my wagon at the Blossoms Inn—I took them to Mr. Smith, at the Mint Tavern, Paddington—those were my orders—I left them there at a quarter to ten o'clock in the morning, under the seat in Front of the bar—I had never taken any there before.
Cross-examined by MR. PRENEERGAST. Q. who gave you instructions? A. The clerk at our yard—I left them in the care of Mr. Smith, I did not see him—I have no book with an account of the marks—those were all the tubs I had in the wagon—I had other goods—I did not bring them from the country—they came by the Great Western Railway—I saw the marks when I put them into the wagon—I had to select them out of the cellar from others.
WILLIAM HENRY SMITH. I keep the Mint tavern, Paddington. Ford and Co. have been in the habit of leaving butter there for Mr. Snook, of Bayswater for nearly two years—on the 3rd of August, I saw two firkins of butter close to the door, under the seat adjoining the bar—I observed the mark—it was diamond with an O, and the weight chalked on each, 68lbs. and 65lbs.—I put them under a settle—they were safe at half-past seven o'clock—I
did not see the prisoner that day to my recollection—I saw him next day about one o'clock, followed him, never lost sight of him, and gave him into custody.
Cross-examined. Q. You did not see them left? A. No—I did not see the prisoner at my house next day—my man saw him pass the window, and fetched me.
RORERT SNOOK. I am a butter man, and live at Elms-lane. I deal with Mr. Poynter for butter—I have it sent twice a week, sometimes only once—it is sent to the Blossom's Inn, and thence to the Mint Tavern to Mr. Smith—the casks are marked with a diamond and O—on the 30th of July I received this invoice by the post, the post mark is on it—on the morning of the 4th of Sept. I sent to Mr. Smith, expecting to find the butter—it was gone—the prisoner had brought the butter to me once or twice before, as a porter—I had never seen him before that.
Cross-examined. Q. I suppose anybody brought it to you? A. No—I always fetched it myself—the prisoner only helped me with it from the door-way—I generally found it under the bar—the butter ought to have come the day before, but it did not—I went on Tuesday, it was there then—I let it remain till Wednesday morning, and was going to take it away with some more—I was advised about it on the 30th of July—it is nothing unusual, for it to be three of four days on the road.
FREDERICK BISHOP. I am a house-keeper at Bury-place, Bell-street, Marylebone. On the 3rd of Aug. I was at the Mint, and saw the casks under the seat in front of the bar—about nine o'clock the same evening I saw the prisoner in the tap-room—he put his head to the table and asked me to give him a lift with a cask of butter—I refused—he said, "I will take it up myself"—I went out, and did not see him do anything—I did see him put the cask on the table—I did not see him go out—he did put it on his shoulder and walk out with it.
Cross-examined. Q. Did you forget that you saw him put it on his shoulder, and that you saw him go out? A. Yes—nobody told me of it—I am a horse-keeper, when I can get anything to do—I helped to clean some horses for a man last Monday; I might be in his employment about an hour—it is about two months since I had regular work—I was waiting for a job at the Mint—there is a stable opposite, where I help sometimes—two months ago I lived with Mr. Davidson, of Doughty-square—I cannot say how many years—I cannot tell you whether it was two months; I will swear it was rather more than two weeks—before that I drove a wagon from the Great Western Railway to the Bull and Mouth, I cannot say whether it was for six months or three months, or whether it was more that a week—I forget—I cannot tell you whether it was more than a day, it is so long ago—I forget how long before that I was at Mr. Davidson's—I have never heard that I have been suspected of dishonesty—I did not leave Mr. Davidson's on that charge—I never knew what I left for, and never asked—it is sometimes better not—I cannot tell how many places I have been in this year, or whether I have stopped in any place three months in my life—I was in a place at Paddington; I cannot say whether it was for three months—the policeman never asked me any questions—I heard Mr. Smith next morning say that the casks were lost—I did not say anything to him—I said nothing till I went to the police-office—I never gave information to anybody—I cannot positively swear that I gave no information till I went to the police-office—I said something when I got to the station—the policeman asked me to go there with him—that was on the 4th of Aug.—the prisoner was in custody at the time I was taken
there—I was in custody up to that time—I said nothing to Mr. Smith or the policeman—they kept me about two hours and a half—they did not take me to the Magistrate—I went away from the station, and was not required to find bail—I was not put into a cell—I was put in the same place as the prisoner, first—we were there about an hour and a half, or three-quarters—when he was locked up, I stopped in the room.
CHARLES ALEXANDER CROWLEY. I am a waterman by the Mint Tavern, and live in Praed-street, Paddington—I have known the prisoner eleven years, On Tuesday evening, the 3rd of Aug., about ten minutes to nine o'clock, there was an empty cub by the pavement, without a driver—the prisoner came out of the Mint, with a cask on his shoulder, and put it into the bottom of the cab, went back, brought another, and put that there—the cab man came out, got on the box, the prisoner jumped by the side of him—they drove away.
Cross-examined. Q. Did you see Bishop do anything when the tubs were removed? A. No—I did not go into the Mint at the time this happened—I afterwards heard that Bishop was takes up.
JAMES SMITH. I am a cab man, and live in Southampton-court, Tottenham-court-road. On the night of the 3rd of Aug. I went to the Mint, and left my cab standing at the door—the prisoner told me he had got a job for me, that he wanted to go to Westminster—I said I did not want to go so far—he said Tottenham-court-road would do as well, that was by my own house—he knew me—we got on the box and drove off—going along he told me to stop at the Junction Arms, at the corner of Praed-street—I stopped—he went in, came out, and gave me a drop of gin, and then told me to go to the beer-shop in Praed-street—I do not know who keeps it—he had told me he had got two tubs—we stopped at the beer-shop and he took one out, carried it in and left it there—he got on the box again, and told me to drive to Tottenham-court-road—we stopped at the watering-place—he took the other cask out there—a man helped him with it on to his shoulder—he gave me a shilling, and went away.
Cross-examined. Q. The policeman came to you next day? A. Yes—he asked me if I had taken a job at the Mint—I said I had—he said I must go to the station to see if I knew the prisoner—I was not taken into custody.
JOHN WAKE. I am potman and waiter at the beer-shop in Praed-street. On Tuesday night, the 3rd of Aug., about ten minutes to nine o'clock, the prisoner called with a tub, and desired to leave it for a shout time—he called again after ten o'clock, and offered it for sale—there was no purchaser—he took it away.
Cross-examined. Q. You never found any tubs? A. No.
GUILTY. Aged 39.— Confined Twelve Months.
Snow-hill. On Friday evening, the 11th of Sept., the prisoner came and asked if he could have a bed—he had one, and paid for it—he went to bed about half-past ten o'clock—I did not sleep in the same room—when I came down in the morning he had left.
MARY ANN COWDERY. I live at No. 7, King-street, Snow-hill. On Friday night I went to bed about a quarter before twelve o'clock, leaving a gown and shawl in my bed-room—when I got up next morning they were gone—I slept in the room with my two sisters—I was the last person up in the morning—the gown and shawl produced are my husband's, Charles Cowdery's property—the room the prisoner slept in was exactly facing mine—he had to cross the landing to get to it.
Prisoner's Defence. I had the duplicate given to me.
GUILTY. Aged 22.— Confined Twelve Months.
(There was another indictment against the prisoner.)
GEORGE TYNDALE (City policeman.) On the 16th of Sept., about ten minutes after twelve o'clock at night, I saw the prisoner, a person named Ambrose, and another man, coming from the Coach and Horses to the Bell Tap, Holborn—Ambrose was drunk—the prisoner and the other man were helping him—I saw the prisoner take this yellow handkerchief from Ambrose's cap, walk away ten yards, and put it into his pocket—I followed, collared him, and asked what he had got there—he said nothing but what belonged to him—I drew the yellow handkerchief from his pocket—another one fell at his feet—I picket it up, and produce them both.
Prisoner. Q. Did not I pick them up from the ground? A. You took them from the cap.
EDMUND ELSTON. I am a porter, and live at Saffron-hill. On the 16th of Sept., at ten minutes past twelve o'clock at night, I was assisting the prisoner to take Ambrose to the Old Bell—as we came out of the public-house I saw him pick up Ambrose's cap—I do not know how it came on the ground—I did not see anybody knock it off—Ambrose was the worse for liquor—the landlord had asked me to help the prisoner home with him.
this cap, which was on my head—it was knocked off by the prisoner—I did not notice Elston there.
Prisoner. Q. Did not you state, at Guildhall, that you did not know you had lost them till the policeman informed you next morning? A. I did not particularly think about the handkerchiefs, because I was rather out of temper by my cap being knocked off, and I was likewise threatened to be ill used; I was not tipsy; I was never found drunk in my life.
GRORGE TYNDALE re-examined. I did not see whether the cap came off the man's head—the prisoner had it in his left hand, and Ambrose under his arm—I saw the handkerchief in the cap, and saw him take them out, and give Ambrose the cap.
Prisoner's Defence. The landlord asked us to see Ambrose home; his cap fell off; I picked it up, and put the handkerchiefs into my pocket, intending to deliver them up to the landlord where he was stopping; there were plenty of people about who knew where to find me.
2129. SUSAN GARNER was indicted for stealing 17 yards of silk, value 1l. 14s.; 1 veil, 10s.; 1 petticoat, 3s.; 1 handkerchief, 1s.; and 2 aprons, 3s.; the goods of Mary Ann Mardlin; and 1 veil, 3s.; the goods of Andrew Davies, her master.
ANDREW DAVIES. I am a grocer, in Oxford-street—the prisoner was in my service for nine months—she was discharged on Saturday, the 11th of Sept.—when she went away she left her box—I missed a key, seal, and ring, veil, also another veil, and some jewellery—I examined her box and bundle—they were not locked—she was not present—Mrs. Mardlin, who had formerly lived with me, came and said she has been where the girl was lodging, and had found a quantity of silk—we examined her box together—we did not sent for a policeman—we found some ribbon—I afterwards met the prisoner in the North-road—she gave me a bundle of ribbons, a veil of my wife's, and a variety of odd thing, and said it was all she had of mine.
Prisoner. My master said if I would give up the thing, he would not be hard with me. Witness. Before she left my service I told her I did not wish to prosecute her, but if she was guilty I would.
MARY ANN MARDLIN. I live at 63, South Molton-street. About a month before I was before the Magistrate, I was lodging at Mr. Davies's—the prisoner was a servant there—I missed some black silk—after the prisoner left I went after her to her lodgings, at 10, George-street, and told her I was very sorry, but I had lost a great many things out my box—she at first said she had not taken anything, she was sorry I has lost them—she afterwards gave me up the silk and veil—I said I must go to Mr. Davies, and ask him to let me look at her box—she let me go afterwards, saying they were in her box—I found these articles, and several other (produced)—they were worth between 4d. and 5l. and are my property, what she delivered up to me, and what were in her box.
GUILTY. Aged 24.— Confined Six Months.
(There was another indictment against the prisoner.)
bag, which appeared to have something in it—when they saw me and another constable, they turned and went down a turning on the left—I went after them—the other man got away—I caught the prisoner, and asked him what he had got—he said it was bacon he had got from a barge at St. Katharine's. stairs—I took him to the station.
JOSEPH DOCKERILL. I am warehouseman to Mr. Edmund Ronalds, prvision-merchant, of Upper Thames-street—the windows at the back of the house, by the water side, are secured with iron bars—I remember the prisoner coming to the house, and in consequence of what he said I examined the stock, and missed some bacon—this produced is of the same description—it is part of some that was shipped at the same time—the mark and the texture of the bag are the same—there is no brand on the bacon—I cannot swear it is the same—we missed from our stock seven rolls of bacon, two only were found, they were cut in halves—there is no doubt about the bacon having been taken out of the window, from the state we found the window in.
Prisoner's Defence. I am not guilty of taking it; I went down to St. Katharine's-stairs, saw the barge lying there, and the bacon in it; I went and took them away; I thought they were of no use.
JOSEPH SHAM (Thames policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted 23rd of Nov., 1846, and confined six months)—I was present at the trial—the prisoner is the person
GUILTY. Aged 18.— Transported for Seven Years.
JOHN WILLIAM TAYLOR (Thames-policeman.) On the 1st of Sept. I went on board the lug-boat "Desire," in the London Docks, and found the prisoner stooping in the hold by a cask of brandy—I smelt brandy, and saw some spilt on the floor—this gimlet was by the cask—it was wet, and smell of brandy—I found this bottle, took it up, and said, "Holloa, old fellow, what have you been up to?"—he said, "Forgive me this time, it is brandy; I got it out of this cask"—I took him to my inspector.
(The prisoner received a good character.)
GUILTY. Aged 28—Recommended to mercy by the Jury .— Confined Fourteen Days
HAYS pleaded GUILTY .Aged 14.— Confined Three Months and whipped.
WILLIAM MASON. I am shopman to William Darling Pine, oil and colourman, 44. Hackney-road. On the 2nd of Sept., at eight o'clock at night, the policeman, Kemp, brought the prisoners into my shop, and showed me a flask of oil—it is not here, it is broken—I looked at my chest of oil, which was kept just inside the door, and missed on flask with netting over it—there was no particular mark to it, and I could not swear to it.
policeman—I was on duty in the Hackney-road, and saw the prisoner with two other boys—I watched them, and saw them go to Mr. Pyne's shop, and walk backwards and forwards several times, and look in at the window—I saw Hays take the flask out of the box, come out and join the other—they went into a court, and all began to examine the flask—I took them into custody—they threw it down—I picked it up, and took it back to the shop.
Richardson's Defence. I was not near the shop; I saw the flask and picked it up; the policeman took hold of me, and said I took it.
NEW COURT.—Saturday, September 25th, 1847.
PRESENT—Mr. Alderman COPELAND; Mr. Alderman GIBBS; and Mr. COMMON SERJEANT.
Sixth Jury, before Mr. common Serjeant.
GUILTY . Aged 42.— Confined Six Months.
2134. GEORGE COTTELL was indicted for stealing 30 pence and 60 halfpence, the moneys of Willam Garrett, his master:—also, for embezzling 6s. 8d., the moneys of William Chapman Garrett, his master; to both of which he pleaded
GUILTY . Aged 38.— Confined Three Months.
GUILTY . Aged 15.— Confined Fourteen Days, and Whipped.
GUILTY .Aged 18.— Confined Two Months.
GUILTY . Aged 32.— Confined Two Months.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 17.— Transported for Seven Years.
GUILTY. Aged 28.— Confined One Year.
GUILTY . Aged 50.— Confined Six Months.
MR. TAYLOR conducted the Prosecution.
PETER MORAN. I am foreman of the works going on in Judd-street for the Imperial Gas-light and Coke Company—the prisoner was in the Company's service. On the morning of the 7th of Sept., he said to me if anybody was wanted the next night, he would take his turn in watching—I was there the next night at eight o'clock—I left him there in charge of the Works as watchman.
WILLIAM WOOD. I am storekeeper of the Company—I gave out some lead for the repairs of the pipes in Judd-street on the 7th of Sept,—it had the same marks on it as the lead now produced has—I believe this to be part of the lead.
OBADIAH OSBORN. I am a marine store-dealer, in Brunswick-street, near Judd-street. On the evening of the 8th of Sept., a little before ten o'clock, the prisoner brought a piece of lead in—he said, "Will you buy a piece of lead?"—I said, "No, I don't buy it"—he left my house instantly with the lead in his hand, and went into Mr. Crook's shop.
THOMAS CROOK. I am a marine store-dealer, and live three doors from Mr. Osborn. On the evening of the 8th of Sept., the prisoner came and asked if I bought and lead—I said, "No"—he laid one piece of lead on the counter—it was like this piece.
Cross-examined by MR. HORRY. Q. He came in, you said, "No," and he went out in a minute? A. Yes.
----REDMAN (policeman, E 163.) I took the prisoner in Riley-street, Cromer-street, about 100 yards from Brunswick-street, at a quarter-past ten o'clock that night—he had this piece of lead lying at his feet—I asked him what it was—he said it was lead belonging to the Imperial Gas Company—he said he was watchman to their works, he had information that two boys had taken it, and he had pursued them, they had dropped the lead, and he was taking it back again.
(The prisoner received a good character.)
GUILTY. Aged 31.—Recommended to mercy by the Jury.— Confined Four Months
JOHN WILLIAMSON. I am in the service of Mr. John Hackman Brown, a linen draper, in High-street, Aldgate. On the 25th of Aug., about half-past eleven o'clock, I was in the cellar, and saw the prisoner and two other women come over the grating—they pulled a piece of cotton about which was on a chair, and the prisoner drew it under her shawl—I ran up and took her—she dropped the cotton—this now produced is it—I gave the prisoner to a police-man—I had not lost sight of her.
Cross-examined by MR. PAYNE. Q. Did you not lose sight of her while you were coming up out of the cellar? A. Yes, I did then—this printed cotton was on a chair over the grating—the chair did not cover the whole grating—when I came up, the prisoner was about, a dozen doors off—she dropped the cotton about the same place—I stooped and picked it up, and threw it into the shop.
Cross-examined. Q You did not know the print? A. No.—the witness put his hand on the prisoner's shoulder—she dropped it, and he took it up.
Cross-examined. Q. Did she take it up and put it down, and then take it up again? A. Yes; and then the witness took her.
GUILTY. Aged 19.—Recommended to mercy by the Jury. Confined Three Months
ROBERT REID. I am a baker, at No. 23, Berners-street, Russell-square—the prisoner was my servant—if he received money he was to pay it to me as soon as he returned from the delivery of the bread—if he received these sums of money he has not paid them to me—I asked him about them—he said he had received them.
Cross-examined by MR. ROBINSON. Q. He denied at first that he had received them? A. No—he acknowledged at once to these and a great many more sums—he might receive 2l. or 3l. in a week.
GUILTY. Aged 20.—Recommended to mercy by the prosecutor and Jury. Confined Three Months
(There was another indictment against the prisoner.)
LEWIS ALLEN. I am a cigar-manufacturer and live in Houndsditch—the prisoner was my apprentice—on the 16th of Sept., in consequence of information, I stopped him, and charged him with robbing me—he said, "If you Want to search me you must call a policeman, and take me to the station, And search me"—I did so, and found twenty-four cheroots in his two trowsers'-Pockets—I can swear they are my property.
Cross-examined by MR. BALLANTINE. Q. How many boys have you? A Fourteen—the prisoner's brother is one—they are paid for their work—they have 2 s. a week the first year, and 6s. a week afterwards—they have to make up as many cigars as they can—their work is looked at every day—I
expect a fair day's work done, which is about 280—I expect the same number from the two-shilling boys as from the six-shilling boys, if they are make them—they first learn to make cheroots—some boys can make more than others—I complain of them if they do not make up their day's work—I do not know that some boys who are quicker workers than others make up the numbers for the other boys—those which I found on the prisoner were quite hot—he has been selling seven dozen a week from time to time—the persons are not here to whom he sold them, but I could bring them forward—there is not any one here to prove that he sold any—I do not want to go hard against the boy, but it is not the first time he has robbed me—he was taken into custody out of the shop—after the boys' work is made it is called into the shop and counted—before getting to the shop from the workshop, they have to pass a door that leads into the street—the prisoner could not slip out at that door, and go away—we always bolt the back-door of as evening—I believe it was bolted that evening, but I was out at the time—I just came in at the time the boys were gone home—I know the policeman in this case—I told him the boy was robbing me—I have not wanted his to give any particular evidence in this case—I have not wanted him to say that the cheroots he found on the prisoner were wrapped up in a cloth—I never asked him to say so—he could not refuse to do it—the boys and I go on very well—I never set them to fight—I have never been present when they have been fighting, nor set them on in any way.
Cross-examined. Q. Have you had any conversation with the prosecutor on this subject? A. Yes—when they were taking the depositions he spoke to me, and said the cheroots were covered up with a cloth in front of him—he said it was the case—I said "No"—they were not in point of fact covered up—there was a sort of bag in front of the boy, which I handled, and found quite empty—I asked the prosecutor if he meant that, and he said "No"—he told me this while I was giving my evidence—I felt that it was something of a suggestion to me of what I should say.
ANDREW CAMERON re-examined. There was no cloth when I took the prisoner, and found the cigars—he did not make any statement about making them for his brother—he said, "Stop till I speak to my master," and he said, "Master, I meant to put these cigars with the boys' work that was short to-day"—he said he would not do it again, he had no intention of taking them out of the house, but to put them with the boys' work, and he had done it before—the prosecutor acknowledged at the station that it was done, but he would not allow it.
LEWIS ALLEN re-examined. These twenty-four cigar were quite dry—the dry ones are brought down to the shop, and the wet once are taken to the drying-room—in the place where these boys were, there was nothing but wet cigars made the same day—those in the prisoner's pocket were quite dry, warm from, the drying-room.
JURY. Q. If the boy put them wet into his pocket in the morning would they have been dry in the evening? A. No.
GUILTY . Aged 22.— Confined One Year.
THOMAS FIELDER. I am a baker at Islington—the prisoner was in my service—if he received money for me it was his duty to pay it the same day—if he received 4s. 9d. on the 12th of Aug. he was never paid it me—I asked him about it at the police station—he said he had received the money, but that his brother was as bad as he was, and had induced him to do it, and he would bring him in as well as himself.
Cross-examined by MR. CROURCH. Q. On the 12th of Aug. did you have any arrangement with the prisoner about the payment of some money? A. No; not on that day—on the Saturday before, he arranged to pay me 2l. 10s. 0d. in various sums—that had nothing to do with this 4s. 9d.—it was for other money which was stated to be lost.
Cross-examined. Q. Do you remember the day on which you were examined before the Magistrate. A. I cannot say the date—I believe it was on the 27th of Aug.—I them stated that I had paid the money on the last Wednesday week—I still say it was on the Wednesday week prior to the examimination that I paid it—I do not know that day of the month—I know the prisoner's brother.
THOMAS FIELDER re-examined. There were three payments made—that was stated before the Magistrate, but he said it would be better to go on one—Cockman paid the prisoner an amount on the Wednesday week before the examination, but not this amount—he has not paid any it for three weeks—I have receipts of his before the 12th of Aug.—here it is—these ink marks are the 12th of Aug., and there are two payments under it—we keep a book in which we enter the money paid by the prisoner when he books his bread at night.
Cross-examined. Q. Can you tell what day it was when he last came? A. No; I remember his brother coming and signing the book—I did not swear before the Magistrate that the prisoner signed the book—the prisoner's brother might come on the 18th—I dare say I paid the prisoner on the 18th—I paid the prisoner the hill before he went away—he did not receipt it—I asked his brother to receipt it the next day—I paid the prisoner 4s. 9 ¼ d. that was on the 18th of Aug. I believe—the prisoner was not there on Wednesday the 18th of Aug.
COURT Q. Did you pay the prisoner any money? A. Not on the 18th of Aug.—I cannot tell when I paid him the 4s. 9d.—it was three weeks before the 18th of Aug.—I do not know the date—I always paid him the money, and he put A. C. in the book.
COURT to THOMAS FIELDER. Q. Supposing Cockman paid him about the 1st of Aug., has he ever paid you that 4s. 9d.? A. No; he had paid me
money received from Ann Cockman, but not 4s. 9d.—the last money received by me from the prisoner was 10s. 9 5/4 d. on the 28th of July.
Cross-examined. Q. Did you after that arrange with the prisoner to pay you any money that he had not accounted for? A. There was an arrangement made—he paid me 1l., and agreed to pay me 5s. a-week after he left me.
COURT. Q. How are we to know that that 1l. did not include the 4s. 9d.? A. The arrangement was a fortnight before he left me—the 4s. 9d. was quite unconnected with that—I do not know the day he left me—he said he had lost 2l., and agreed to pay me at 5s. a-week.
MR. RYLAND conducted the Prosecution.
ROBERT EDWARD BATLEY. I am a butcher, and live in Queen's-row, Chelsea. The prisoner was in my service about three months—I missed a great coat on Monday, the 30th of Aug., which I had seen safe on Saturday, the 28th, on my horse's back—I asked the prisoner if he had seen it—he said "No"—he was taken to the station that night—he then said he had taken the coat, he was sorry for it, and asked me to forgive him—I found my coat at Mrs. Burman's, the laundress, who washed for the prisoner.
Cross-examined by MR. BALLANTINE. Q. It is not very valuable? A. No, it is worth 7s or 8s.—the prisoner said, the next morning, when before the Magistrate, that he had taken the coat to sweat himself down, as he was going to have a walking-match, and he had too much fat about him—I do not with to press against him—he has been a month in jail, and I am very sure he is sorry for it.
LEWIS FORDHAN. I am a labourer, and live at Queen's-row. On the 28th of Aug. I saw this coat on the prosecutor's horses—I put it on the half-door in the stable—the prisoner came and took it, and put it up into the loft.
MARIA BURMAN. I am the wife of John Burman, and live in White Lion-street, Chelsea—I wash the prisoner's clothes. On Saturday night, the 28th of Aug., he brought me a bundle, and said, "Here is some of my dirty rags"—I saw the bundle opened on Monday, and this coat was in it.
Cross-examined. Q. Did it want mending? A. If I had seen it I should have mended it.
BENJAMIN POOLE (policeman B 143.) I went with the prosecutor to Mrs. Burman's, and found this coat in the bundle—I took the prisoner—be denied all knowledge of the coat—when I got to the station I showed it him—he then said, "I look the coat, I am sorry for it"—I was present when he made a statement before the Magistrate—I believe this is Mr. Broderip's signature to it—(read)—the prisoner says, "I acknowledge I took the coat, but not with an intention to steal it; I was going to walk a match; I took it to sweat myself down round the college; I was going to put it into the kitchen, but the officer took me and charged me with stealing it."
GUILTY Aged 32.—Recommended to mercy by the Prosecutor. — Confined Two Months >
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
SAMUEL WILEY. I am in the employ of Messrs. Jennings, Bettridge, and Sons, papier machee manufacturers. The prisoner was in their employ—he had a cash-book, in which it was duty to make entries of the monies he received, and get it signed by whoever received the money from him—we have often sent goods out by him—on the 15th of Jan. I sent him with an inkstand to Lieutenant-Colonel Mitchell—he came back and said the colonel was at dinner, and he would take an opportunity to call an pay for it—the amount was 4l. 12s.—this is the bill which I gave the prisoner of it, in my own handwriting—this receipt to it is the prisoner's writing.
Cross-examined by MR. PARRY. Q. How long has he kept a book? A. Since Nov., and 1845—he paid money to me as managing clerk to Mr. John Betteridge, and to Mr. Joseph Betteridge, when he was in town—I never know him pay any one else—this receipt had no date on which it was settled—the prisoner could not have paid this money to Mr. John Betteridge the next morning, for he was gone on a journey, and did not return for a month after; and I believe Mr. Joseph Betteridge was also out of town—on the evening I gave the prisoner this inkstand, I did not give him 8s. to pay expenses—he did not give any money back the next morning—I am sure I saw him again that evening—he returned about half-past eight—he has not been in the habit of paying cash to me, and to the partners, which we have found has not been entered in the cash-book—neither Mr. Betteridge nor I have asked him afterwards as to the receipt of these monies, and then entered them, having omitted to do so in the first instance—they entered them from their own book to the wholesale-book not the retail-book—that only occurred on one occasion—I have the book here to prove it.
ANN RILEY. I am servant to Colonel Mitchell. On the 15th of Jan. last the prisoner brought an inkstand to Colonel Mitchell—the footman took it up stairs—I was in the kitchen when he brought down the money, and I saw him pay the prisoner 4l. 12s.—the prisoner signed the paper.
Cross-examined. Q. Where is the footman? A. At Tunbridge Wells—he is not in the colonel's service now—he was discharged a short time afterwards—his name is George Wainwright—he brought the money down from the colonel—the colonel was not at dinner—it was about eight o'clock.
JAMES BRIGHTWELL. I am servant to Dr. Mortimer—I recollect the prisoner bringing some paper trays to Miss Mortimer, the doctor's sister, who was stopping there—I took them to her, and she sent the money out by me—I gave the prisoner a 5l. note to get change—he went and got change, and brought it to me—I paid him 2l. 11s. 10d.—this is the bill—here is the prisoner's handwriting to it—it is two or three months ago.
Cross-examined. Q. Do you know when it was? A. I am not certain—I think it was in March, or the beginning of April—it was paid at the time of the delivery.
WILLIAM WOODLESS. I am apprentice to Mr. Moxon—the prisoner brought an inkstand and tea-tray for my master. I think, on the 25th of Feb.—my master was not at home—he called again, and my master was not at home—I paid him 2l. 12s. 6d.—I cannot remember when it was—this is the bill—he signed it in my presence—I cannot remember how many times he called before he got the money—I generally pay Mr. Moxon's bills.
of by the last witnesses—the prisoner has made no entry of them in his book—this book was given him for the purpose of making entries of the money he received—he ought to have entered these amounts in it—I gave him this book as a check on our accounts, and the first entry in it is my own hand-writing—it began in Nuv., 1845—the entries in it are not all that he has received since then—that is his own fault—he did not enter them—he laid the book aside from gross negligence—the rule was, that whoever sent him out, received the cash he brought back, but if that person was gone out it was to be paid to the person who was there—with regard to the inkstand, I alone was there—I sent the goods to Miss Mortimer—Mr. John Betteridge sent them to Mr. Moxon—I was there when Miss Mortimer bought the goods—she only gave the addresses, 72, Eccleston-square—when the prisoner took the goods, I said to him, "If she does not pay, bring back the name:—when he came back I said, "Have you got the money?"—he said, "No, but the name is Miss Mortimer"—I took the book, and inserted, "Miss Moritmer, 2l. 11s. 10d."
Cross-examined. Q. He has been in your employ for six years? A. Yes—he has been in the habit of receiving money when he took out goods—there are not more than a dozen entries in this book—here is a blank from Nov., 1845, to Feb., 1846—that is his negligence—if I sent him with an order, it was my duty to enter it in the cash-book, but not to sign his book—that was left to him—Mr. Joseph Betteridge is not here.
Cross-examined. Q. When money was paid to you, what did you do? A. I entered it in the cash-book at once, on the spot, almost invariably—I remember the circumstance Mr. Wiley has alluded to—I heard the prisoner had received money which I had not entered—I found I had entered it in a wrong book—I am not particularly forgetful—I never recollect tying a bit of string round my finger to remember a thing.
ROBERT M'KENZIE (police-sergeant B 5.) I took the prisoner—I told him he was charged with embezzling various sums of money, which he had received for his employees—he said he was not aware of having done so.
Cross-examined. Q. Did you call his attention to these sums? A. No, I had only a general charge to apprehend him for embezzlement.
GUILTY. Aged 35.— Confined One Year.
2153. THOMAS M'CARTHY and MARY DOHERTY were indicted for feloniously receiving of James Patrick Nagle, a sovereign, under pretence of obtaining for him a watch, which had been stolen from him; they not having caused the person by whom it was stolen to be apprehended.
JAMES PATRICK NAGLE. I keep a public-house, in Tower-street, Seven Dials. On the morning of the 24th of Aug., at a quarter before six o'clock, I went into a public-house, at the corner of Compton-street, with some friends—the two prisoners came in with two other women and a man—I had a watch in my pocket, and a man named Nolan, who was in his company with M'Carthy, amused himself with my watch-chain—he addressed me by name—I said, "I have no knowledge of you"—he said, "You know my father, I am the son of Mr. Nolan"—I said, "I know Mr. Nolan, I have not a knowledge of you"—Nolan was on my right sight, M'Carthy on my left, and Doherty was at some distance—I had some conversation with Nolan—a person there asked me if I were aware who I was in company with—I said
"No"—he said he was a convicted felon—M'Carthy knocked my friend down for saying that—I went to lift him up, and while lifting him up, my watch was stolen—M'Carthy left the house directly—he was taken in about thirty hours afterwards—he was remanded twice, and then discharged—he came to my house afterwards, and said if I was satisfied to pay what was lent on the watch, he would give me every information where it was—he appointed ten o'clock the next morning to meet me, and go along with me to Petticaot-lane, where he described it to be at a Jew's place—the next morning I sent to Bow-street for a policeman to come and watch—M'Carthy was punctual to his time, he came at ten o'clock—he said, "Are you ready now?"—I said, "Yes"—he said had I any objection to the female, Doherty, going with him—he called her Moll, or something, I do not know what—I asked him what he wished Doherty to go with me for—he said, "I will let you know now what you were not before aware of; she has admitted to me this morning that she received the watch from Nolan; that she went with another woman to Petticoat-lane, and there deposited it with a Jew for 4l. 10s."—I said I had no objection whatever to her coming, on the contrary, I was rather pleased that she would come—I knew she was the woman who had been with him at the public-house—he went out, and came in in about ten minutes with Doherty—he said, "This is Doherty"—I said,: Indeed; you know all about this watch?"—she said, "Yes, sir; I am very sorry it occurred; have you any objection to come with me to Petticoat-lane? if you have not, M'Carthy and I will go along with you"—we went, and at every watch-maker's shop she came to, she endeavored to point out a watch that was similar to mine—I was walking between Doherty and M'Carty, and the policeman was behind us—in going along Doherty admitted that she had been with Nolan; that he conveyed that watch to her, and she and another woman conveyed it to Petticoat-lane, and there left it in the hands of a Jew for 4l. 10s.—she said they did not sell it, but left it there till they ascertained whether I would drop it or not—that it was worth 40l., and they said they would pay the Jew 4l. 10s. with interest, and get the watch—we went to a public-house opposite Petticoat-lane, and Doherty said, "I will go and let the Jew know; have you got the money?"—I said, "Yes"—she went away and returned in about half an hour—she said, "The Jew has not got the watch on his own premises; he will have it in half an hour"—she then said that house was too light, and we went to another house, and staid there half an hour—M'Carthy then said the half hour was gone, and he would go and speak to the Jew—he said he would probably sooner come for M'Carthy than he would for Doherty—he went out, and he returned and said, "I saw the watch, what a pity it is that the ring is broken"—I said, it did not matter—he said, "The Jew hesitates in coming up; I may succeed in bringing him up; but if he comes you must not notice him"—I said, "I will not; if he comes I will take no notice of him"—Doherty then said, "You had better let us have the whole amount, and we will go down to the Jew and get the watch and bring it up"—I said, "No, I will not; I will leave it with the landlord"—Doherty then said, "You had better let us have a sovereign"—I produced a sovereign and put it on the table—Doherty said, "We had better both be off"—M'Carthy said, "I will take the sovereign and go"—Doherty said, "No; I will go with you, and show you the Jew and his house and place"—I went out with Doherty, leaving M'Carthy and the sovereign—Doherty went some distance, and she shoed me a respectable looking man sitting on a tailor's shop-board—she said, "That is the man, and
that is the house; we will not go past that house"—there was a respectable lady going into the house—Doherty said, "I thought she would go in; don't take notice"—I passed on, and soon after I met Mr. Phillips—I told him what brought me there—I went with him to the top of the street, and left Doherty and M'Carthy in the public-house—Mr. Phillips and I returned to the Jew's place—we went in, and I accused him of having the watch—he was quite indignant, and said he did not understand me—I retuned to the public-house and the prisoners were gone—I went to the West-end of the town, and found the prisoners, about two hours afterwards in a water-closet in Hopkins-street, St. Peter-street, St. James's—I have not got the watch.
Cross-examined by MR. O'BRIEN. Q. How long have you been in London? A. Seven years—it was not an early time to go to treat any friends on the morning of 24th of Aug.—I believe I had been up all night—I had not been treating myself—the prisoners were not discharged on account of the state of drunkenness I was in—it was because I had not got my material witness, who was in Scotland—Doherty was taken first that morning—it was Doherty that suggested, by my giving a sovereign to them, the Jew might be induced to come—I put it on the table—that was at the Horn of Plenty—I gave them a glass of gin each; and at the Horn of Plenty of M'Carthy had a cigar, and Doherty had a glass of ginger-beer, and so had I.
M'Carthy. Q. Did you not send a person down to me on the Monday night? A. No; it was my brother asked you into my parlour; I was at my books.
JAMES DAVIS (policeman, F 134) I received notice, and went to the prosecutors—I saw M'Carthy first—he said, "It is time for us to be going"—he then went outside—soon after Doherty came and they all went out—I followed them to Petticoat-lane—Doherty went down the lane, and returned in about half an hour and went into the public-house—they then all three came out and went to another public-house—they went out and returned, and I missed the prisoners all on a sudden—I was following Nagle—we knew if we could get the receiver, we could get the prisoners any time.
M'CARTHY †— GUILTY. Aged 19.
DOHERTY*— GUILTY. Aged 20.
Transported for Seven years
OLD COURT.—Monday, September 27th, 1847.
First jury, before Edward Bullock, Esq.
MARGARET LYMAN. On the 2nd of Sept., between one and two o'clock in the morning, I went out to get three pennyworth of brandy for my sister's child, who was ill—I met a policeman and asked him where he could get it—he said there was no place open—as I turned away the prisoner came up
and said he could show me where I could get it—he showed me a public-house, where I got the brandy—I came out and was returning home, the prisoner put both his hands on my shoulders, and pushed me up into a court-way and threw me down violently, so that my head came against the kerbstone—he then put his knee on my stomach—I called out bitterly for the police upwards of a dozen times—no one came—the prisoner then put one hand on my month, and the other on my throat, and tried to choke me—a man opened a bedroom window and called out to me—the prisoner then jumped up, caught hold of my shawl, and ran away with it—I am quite sure he is the man.
Prisoner. She asked me to take her to a public-house, to get some brandy for a child who had the small-pox; I took her, and coming along she put her hand into my pocket, and pulled out four half-crowns. Witness. I did not.
WILLIAM FACER (policeman.) Between two and three o'clock in the morning, of the 2nd of Sept., I heard a cry of "Stop him!" and saw the prisoner running—he passed me—I went after him, and took him—he had this shawl in his hand—I asked what all this running, and cry of "Stop him!" was about—he said he did not know; that some girl had taken some money out of his pocket—I took him back, and saw the prosecutrix standing with a constable at the corner of the Mint—she immediately charged him with stealing her shawl—he said that she had attempted to take, or had taken, some money out of his pocket—I said that was not the way to do business here; if she had robbed him, he ought to have given her into custody—I know nothing of the prosecutrix.
Prisoner's Defence. She took the money out of my pocket; I took hold of her by the shawl, and she ran away and left it in my hand; I am a seaman, and a stranger here; she drank the brandy at the public-house, and took none away with her; she said if I gave her a quarter of gin I might stop with her till the morning.
GUILTY. Aged 35.—Recommended to mercy by the Jury. — Confined Six Months
Before Mr. Justice Williams.
2155. FRANCIS THOMAS GRIFFITHS was indicted for feloniously forging and uttering an order for the payment of 115l. 10s., with intent to defraud William Miller Christie and others: other COUNTS, with intent to defraud Thomas West: and other COUNTS, calling it a warrant.
MESSRS. BODKIN, RYLAND, and ROBINSON conducted the Prosecution.
EDWARD CHILMAN. I am a clerk in the London Joint-Stock Bank—I know Mr. Thomas West—he is a customer of that back—on the 16th of Aug. this order was brought into the bank, in consequence of which a check-book was delivered to the person who brought it—I have not seen the book since—I know Mr. West's hand writing, and acted upon this as being his—(read—"18, Ludgate-street, 16th Aug., 1847. To the London Joint-Stock Banking Company. Let the bearer have a check-book for me, and oblige, T. WEST")—all our check-books bear a particular number—the number on that check-book was 24,832—that number would be upon all the checks in that book.
Cross-examined by MR. BALLANTINE. Q. If you had not heard Mr. west's denial, what should you think now? A. I should have believed it
to be Mr. West's writing, if I had heard nothing—I do not form my opinion from the other part of the writing, merely from the signature—nothing has been done to the signature since it has been in my possession—these scratches were made in canceling it.
THOMAS MATTHEW CLARK KAY. I am a clerk in the London Joint-stock Bank, in Princes-street—Mr. Christie is one of the trustees of that bank—there are others—I know that Mr. Thomas West kept an account there—on the 16th of Aug. this check for 115l. 10s. was presented to me—I do not recollect by whom—I paid that check with a 50l. note, No. 38649, dated the 6th of May, 1847; and 65l. 10s. in gold.
(The check being read, was dated the 16th of Aug., 1847, for 115l. 10s. drawn by Thomas West, payable to Mr. Wilde or bearer.)
WILLIAN STAIR HOPLEY. I am clerk in the London Joints Stock Bank—I produce a register of the Bank of England notes, in the possession of that bank in Aug. last—I made the entry from the notes themselves—among them is a 50l. note, No. 38649, dated the 6th of May, 1847—we had no other 50l. note of that date and number on the 16th of Aug.
ARCHIBALD GRIFFITH. I am a clerk in the Issue department of the Bank of England—I produce a 50l. note, No.38649, which was brought in on the 16th of Aug.—I do not recollect by whom—the name of "Wilde, Charing-cross," is upon it—I paid 50l. in gold upon it.
THOMAS WEST. I am a jeweler, and live in Ludgate-street—the prisoner was in my service for about nine months—he left on the 8th of Sept. 1845—I banked with the London Joint-Stock Bank during the time he lived with me and do so still—I had the opportunity of acquainting myself with his hand-writing and he had the means of knowing mine—this order for a check-book is not my writing, I never authorised anybody to write it for me—I believe it to be the prisoner's writing—it is an imitation of my signature, but not a good one—this check is not my writing—I never authorised the prisoner, or any one to write it—I believe it to be the prisoner's writing—the signature and date is an imitation of my writing, but I do not consider it good—the body of the check does not appear to be a natural hand writing—I believe all of it to be the prisoner's; also the writing, "Wilde, Charing-cross," on the 50l note—I first saw the check about the 23rd or 24th of Aug.—immediately I saw it, I formed the opinion which I have now given.
Cross-examined. Q. Have you seen the prisoner at all since he left you service? A. I have seen him in the street—I have heard, since this matter has been inquired into, that he had a situation under the Eastern Countries Railway Company—I have not seen him write since he left me, nor seen any of his handwriting—I have some of his writing in my possession—I have not been comparing it, I have looked at it to see if I remembered it, to confirm me in my opinion—was not that I had my doubt, but I though I might require some confirmation.
GEORGE WEST. I am the prosecutor's brother, and live with him—I have known the prisoner for some months, during which time I have had as opportunity of seeing and knowing his handwriting—it is my firm belief that this order for the check-book is his writing—I should say the whole of this check is also his writing—the name of Wilde on the 50l. note is in the same handwriting.
Cross-examined. Q. You were not examined before the Magistrate? A. No. I did not see these documents until after the examination before the Magistrate Mr. Mullens showed them to me in my brother's presence—I
do not remember that my brother pointed out the parts that were so like the prisoner's writing—he pointed out a part that was liker than the other—that was the body of the check, that is not so forced as the other—he did not tell me that, I said so—I looked over them—we had no talk about them—I was employed in my brother's shop at the time the prisoner was there—I have none of his writing by me—I have not been shown any since this inquiry—I have seen it in our books—I took down the books to look at it—I knew it well before—I was not more certain of it after looking at the books, I was certain before—the writing in this order is not forced, it is quite natural—there is a peculiar shape in the prisoner's letters; in the capital F's there is a little flourish at the top, different from others—I looked at the books to see whether there was that flourish at the top—the P's have a flourish also—there is a peculiarity about them at the top—I know my brother's handwriting well—the signature to the check is a very good imitation of his writing—I do not think it is his—there is difference in the style, though I cannot exactly say where the difference is.
MR. RYLAND. Q. I believe you have never seen the bank-note until it was handed to you in Court? A. Never before—I have been to New South Wales—I returned in May, 1845—I have lately been to France—I only returned a few days ago.
COURT. Q. When was it you were in your brother's shop with the prisoner? A. In May, 1845—I only knew him from that time till he left my brother's—I have not known him since.
DANIEL MASON WARD. I am a clerk to the Eastern Counties Railway Company—the prisoner was in the Company's service from about Feb. last until June—during that time I had the means of seeing his handwriting from time to time, and became acquainted with it—I believe this order to be his writing; also this check, and the endorsement to the bank-note—I believe his salary was about 60l. a year, but I do not know exactly—I never heard it from himself.
Cross-examined. Q. You and he very seldom had any communication together had you? A. We were in the same office together—we were in the Inwards department together, for about two months I should say—we were in the same room, except for the latter end of the time—I should say it was about six weeks—I cannot say positively—it was about a month—I should say we were together in the same office more than a fortnight—we were two months in the same office—you might term them separate offices, for one is the Inquiry-office, and the other the office where the business is conducted; but there is no separation, the door is open—we were together in the Outwards department I should say for three weeks—I have often seen him write, as often as any clerk sitting next to me, two hundred, three hundred, or four hundred times—I have seen him write in the Inquiry-book—I have often looked over him while he had been writing—he sat next to me for two days on the first occasion, but I have known his writing better recently—there were about a dozen clerks in the same office—he kept the Inquiry-book—I succeeded him in that office—I did not get him turned away—I had nothing to do with it—he was discharged for absenting himself—I reported him two or three days after he had left, from circumstances that transpired after he was discharged—I swear I did not report him before he was discharged—I do not recollect that I made any communication to the person that did report him, or that I was the means of his being reported—I broke open his desk, three or four days after he left, by order of Mr. Moseley,
our manager—I have heard something about a threat of prosecution for having done so—I have not been discharged two or three times from the Company's service—I was discharged once, but was taken on again—I was never given into custody.
MR. RYLAND. Q. What were you discharged for? A. Several of the clerks went out one evening, and we committed ourselves in a little way—some of the party got tipsy and broke some windows—I was not concerned in it, but Mr. Moseley discharged me among the rest—he afterwards found that he was in error, and I was taken on again—I have never had any quarrel or the least ill will to the prisoner—Mr. Moseley instructed me to break open his desk for some correspondence which was wanted—the prisoner was correspondent then—we sent for the key and could not get it—I succeeded the prisoner, at a salary of 70l. a year—I have now 85l.—I have been in the Company's service eighteen months.
EDWARD HARRISON. I am employed in the Luggage department of the Eastern Counties Railway—I have known the prisoner in business about five months, while in the Company's employ—he was in the same department, but not in the same office—I had no opportunity of becoming acquainted with his handwriting—I have seen him write, but have not noticed it—he left the Company's service in June—about the 18th or 19th of Aug. I met him at the corner of Penton-street—he asked me to have a glass of ale, and I went with him into the Belvedere—when we came out, he carelessly pulled some money out of his waistcoat-pocket—I should say there was between 10l. and 20l.—he said that was better than the Eastern Counties.
Cross-examined. Q. You were not before the Magistrate? A. No, the constable found me out—Ward did not speak to me about this—it was gold that the prisoner showed me—I cannot say there was as much as 10l., but I should judge there was rather more.
MICHAEL HAYDON (City policeman, 274.) I received instructions to look after the prisoner on the 27th of Aug.—I found him on the Friday following, in Cavendish-street, Hoxton—I had no conversation with him.
Witnesses for the Defence.
GEORGE GRIFFITHS. I was formerly a jeweller, but have retired from business, and am living on my fortune—the prisoner is my son—I know him handwriting—I have seen this order, check, and Bank-note before—I do not believe either of them to be my son's writing.
MR. RYLAND. Q. Have you seen much of your son latterly? A. Yes, frequently—he has been out of employment since he left the Eastern Counties Railway, I have maintained him—I live in my own house in Southampton-street, Pentonville, and have done so for twenty-five years—the prisoner has not been living with me, only coming occasionally to dine and take tea, and so no—he lodged in Cavendish-street, New North-road, Hoxton—I have frequently seen his writing lately—he has been frequently writing to his sister and different members of the family, and young friends in the country—is my opinion neither of these three documents are in his handwriting.
MR. BALLANTINE. Q. You have lived for twenty-five years in the house you occupy? A. Yes—it is my own property, and so are several others close by—the prisoner has three sisters and three brothers—he has been in the habit of corresponding with them, and I have seen his handwriting from time to time.
knows it better—(looking at the check, the order, and the 50l. note)—I do not believe either of these three papers to be his handwriting.
EDWARD STEVENS. I live in Wenlock-street, City-road—I was employed in the Baggage department of the Eastern Counties Railway Company—I left about the 20th of July—I gave notice myself—I was there during the whole period the prisoner was there—I had an opportunity of seeing his writing as well as any of the other clerks had—I have seen this check before, but not the note—I do not believe either of these three papers to be his writing.
MR. RYLAND. Q. What have you been doing since you left the Eastern counties? A. Nothing, I have been living on my friends—I have had the promise of a situation—I have not been traveling a good deal—I was down at Gravesend with the prisoner—the expenses were partly paid by him, and partly by myself—I had no conversation with him about money while we were out—he said he had spent some money, that is all—he did not tell me how much—he might have said that he had spent 100l. in the last month, I belive he did—I recollect it perfectly—the journey to Gravesend was about the 30th of Aug.—I saw him on the 27th.
Q. Did he say how he had got the 100l.? A. He said he had had some money left him by one of his friends, his grandfather or grandmother, I cannot tell which.
MR. BALLANTINE. Q. How long were you at Gravesend? A. Two days—our expenses were about 2l. between us—I paid 12s. or 13s., and he paid the balance—I have often been out with him of an evening when we were clerks together—I was well acquainted with him, and with his handwriting—I never saw the 100l. of which he spoke—he was boasting of the money that he had spent—I have never boasted of the money that I have spent—I have no father—my mother has a little money, and I have lived with her ever since I left the Eastern Counties Railway—I am now expecting a situation in the Customs.
2156. FRANCIS THOMAS GRIFFITHS was again indicted for stealing, on the 31st of October, at St. Gregory by St. Paul, 1 gold watch, value 13l.; 3 diamond studs, 9l.; and I emerald ring, 8l.; the goods of Thomas West, in his dwelling-house.
MESSRS. RYLAND and ROBINSON conducted the Prosecution,
MICHAEL HAYDON (City policeman,274.) On the 3rd of Sept. I took the prisoner into custody, in a room on the second floor of a house in Cavendish-street, Hoxton—he was undressed—I found this ring on one of his fingers—(producing it.)
JOSEPH HUGGETT (City policeman,489.) I accompanied Haydon when he apprehended the prisoner—I searched the room in which I found him, and on the top of a chest of drawers I found this gold watch, with a gold Albert chain and key attached to it, a set of diamond shirt-studs, and a diamond pin, which has not been identified—I told the prisoner that it would be my duty to take the things to the station—he then stated that the gold watch belonged to a friend of his, named Stevens, who lived in the next street—I told him if the watch belonged to his friend Stevens, he had better make application to the Lord Mayor for it—he then said it belonged to a friend of his of the same name at Ely.
Cross-examined by MR. BALLANTINE. Q. I believe a silver watch was found? A. Yes—that has been returned to the prisoner's father—I did not
ascertain that that belonged to anybody at Ely—a set of gold studs was also found, which has been returned, and a turquoise pin.
THOMAS WEST. I am a jeweller, and live at No.18, Ludgate-strect—it is my dwelling-house, and is in the parish of St. Gregory by St. Paul—the prisoner was in my service from the 28th of Nov., 1844, to the 8th of Sept., 1845—this gold watch is mine—I know it by a mark inside in my own writing—I saw it last in the early part of the summer of 1845—I recollect then having it in my stock—there is an entry of it in my stock-book, which I have here—it has never been sold—I missed it some time in the summer of 1845—inquiry was made about it—the prisoner was aware that it was missing—it cost me 13l.—these diamond studs are mine—I know them by the style, and by giving out the stones to be made up by the workman, and seeing them when they came in—I have no hesitation in saying they are mine—they were missed at the latter end of the summer—they had been in my stock that year, and were not sold—the prisoner was aware of their being missed—more inquiry was made about them than anything that was missed—they are worth about 9l.—I know this emerald ring by the style of it, it was in my possession up to about July, 1845—that was also missed, and inquiries made respecting it, to the prisoner's knowledge—it is worth about 8l.
Cross-examined. Q. Which was the first you missed? A. I do not remember—I missed them at different times—the prisoner was in my empolyment at the time, and attended to the books and to the shop—a person named Rich was also in my employment—my wife was living at that time—she is now dead—I used to go out of town about once a fortnight, not for any length of time—I went on Saturday and returned on Monday—sometimes my wife went with me and sometimes not—I used sometimes to leave her from Saturday to Monday—when I missed the things I gave information to inspector Pearce—I spoke to my wife about them—I did not learn anything from her about them—I did not ask her whether she had given them to the prisoner, or whether she had given them away—I never asked her whether she had parted with them—I may likely enough have said to her, "Here is something lost again," but I do not remember making any particular inquiry of her—I did not live very comfortably with her—I am not aware that I had great reason to complain of her—I thought I had—I have not complained of the intimacy that existed between her and the prisoner, never anything of the kind—I do not know that she ever received flowers, or any presents from the prisoner—I know that she did not—I have never heard so—she was about my own age—I am thirty-two.
MR. RYLAND. Q. When did she die? A. on the 9th of Sept., 1845, the day after the prisoner left—she had been very ill for twelve months previous to that, and died of lingering consumption—she had not been in the shop to be behind the counter for that twelve months—she used to pass through to go for a walk or ride—I never had the slightest suspicion of any improper intimacy between her and the prisoner—she was very hostile to him.
MR. BALLANTINE called
prisoner came into his service after I was there, and left before me—I have only seen him once since, and then did not speak to him—I have not seen him at all on this subject—I was found out by his father—Mr. West frequently went out of town while I was there—he generally went on Saturday evening, about four o'clock—sometimes he would return on Monday evening, and sometimes it might be Tuesday morning, but he was very seldom longer than that—when he was out of the way, Mrs. West used to come into the shop, behind the counter, and remain there sometimes for two hours—I have only seen her in company with the prisoner in the shop—I have seen them conversing together when I have been in the shop—the prisoner used to the writing at the desk, and I have seen Mrs. West go to the desk and talk to him—my business was generally in the black shop, and when I have been there I have seen them at the desk talking—sometimes I have seen them conversing together for half an hour at a time—I have known the prisoner frequently to make her a present of flowers, and once I remember his bringing her a flower in a pot, and making her a present of it—sometimes when Mr. West has been out of the way, Mrs. West has ordered refreshment to be brought down to the prisoner in the shop, such as bread and cheese and ale—she preferred his staying in the shop rather than going up to his meals— —she thought it would be rather inconvenient for him to leave when Mr. West was out of the way—I have know him dine with her, not very often—sometimes perhaps she would not be so good tempered as at other times—sometimes I have known her come down and invite the young men up to dinner—there was a shopman there at the time the prisoner first came—he left while the prisoner was there—they never dined there when Mr. West was at home.
COURT. Q. Did the shopman dine too? A. I have not known them go up stairs together—I have known the shopman dine there—I cannot say that the prisoner dined while the shopman remained there—I do not think the shopman remained long after the prisoner came.
MR. RYLAND. Q. Where did the prisoner dine ordinarily? A. It was his practice to go out to his dinner when Mr. West was at home—they had an hour for that purpose—when Mr. West was out of town, Mrs. West had first one and then the other up to dinner, instead of their going out—sometimes she would be pleased with one and sometimes the other—I have never known them both dine there on the same day—I have known her send refreshment down to them in the shop, rather than they should go out.
GUILTY. Aged 20.— Confined Eighteen Months.
Before Mr. Common Serjeant.
2157. JOHN COGGS alias O'CONNOR was indicted for a robbery on Robert Brailey, putting him in fear, and stealing from his person and against his will, 1 scarf, value 3s.; 1 handkerchief, 3s.; and 3 pence, his property:—2nd COUNT, for feloniously threatening to accuse him of crime punishable with death, with intent to extort money:—3rd COUNT, of crime punishable by transportation, with same intent:—4th COUNT, for demanding his money with menaces.
MR. BALDWIN conducted the prosecution.
ROHKRT BRAILEY. I am a waiter at Randall's Commercial Lodgimhg-house, in King-street, Cheapside. On Sunday evening, the 15th of Aug., about a quarter to nine o'clock, I was at the back of Charing-cross barracks and
met the prisoner—I had never seen him before—he spoke to me first, and said, "Halloa, how are you? how is George?"—I have a brother named George—he said, "Will you treat me to a glass of drink?"—I said I would—I went into a public-house and called for two glasses of rum—I paid for it, he drank one glass and I the other—I do not remember where that public-house was—it was near the park—I had walked for about three minutes with him—I was quite sober—we then went and bought two cigars at a cigars shop leading into Regent-street—we went to a public-house in Regent-street, in a turning leading out of Regent-street, and had a glass of rum and water which I paid for—we staid there about ten minutes or a quarter of an hour—we sat down there—we came out together we went to another public-house leading into the Haymarket, and had two more glasses of rum—I paid for them—I then told him I must go, and we walked to Charing-cross Hospital, to get an omnibus—he said, "Will you pay for me to go into the City, I am going there too"—I said, "I do not mind paying for you"—we got into a 3d. omnibus—I paid for both—we stopped opposite Bow church, and both got out there—I bid him good night at the corner—he followed me down there—I turned into watering-place—he followed me, laid hold of my shirt, and said, "I demand your scarf, and your pocket-handkerchief, and 10s., or transportation for life"—I told him I had not 10s. in my pocket—I gave him three penny pieces which was all I had—he partly took my scarf off my neck, and I partly gave it to him—he could not untie it—he laid his hand on it while it was on my neck—it was tied in a knot, and he could not undo it—he said to me, "I cannot undo it, undo it"—I did undo it, and he took it off my neck—he took my pocket-hand kerchief out of my pocket.
Q. How came you to let him do all this? A. By the threat of transportatiion for life—I saw him next on the 8th of this month, I only had two words with him in the morning—I was in conversation with him in the evening when the policeman came up—I told him I should give him in charge, that he should have no more money out of me, and I was determined to come to an end with it—I gave him in charge to the policeman—he said, "For God's sake do not give me in charge, I will never trouble you again, shake hands and I will go"—when the policeman came up he said I owned him 10s., and he had come for it.
Cross-examined by MR. O'BRIEN. Q. Did you not see the prisoner from the 15th of Aug. till the evening you gave him into custody? A. I did not—the first time I saw him on the 8th of Sept. was at five minutes to one o'clock in the day—I gave him no beer or anything to drink—I did not treat him—he asked me if I would give him a shilling—I said, "No, I will not"—he said, "I have had no breakfast, do give me a shilling"—I gave him a shilling out of charity—I treated him with the rum the first evening I met him, because he asked for it—it was out of charity—he asked for the cigars—I told him I did not smoke, and he was quite welcome to them both—he took the two and I paid for them—I never smoke—I do not suppose I treated him to the cigars out of charity—you can call it charity—he asked for them and I paid for them—I had no feeling at all towards him—my wages are 12l. a-year—I paid 3d. each for the cigars—I took the rum in its raw state in the first public-house—we did not sit down there; we were there about three minutes—after leaving the cigars-shop we went up Regent-street—I cannot recollect whether we walked arm in arm, I do not think we did—we walked up Regent-street—I do not know the sign of the public-house that we went into after leaving the cigar-shop, nor the name of the street—I have not gone
down there since to try and discover the public-house—it is on the left hand side of Regent-street going towards Piccadilly—from the Haymarket towards Regent's-park I call going up—the public-house was on the left hand side as we were, coming from Piccadilly up Regent-street—the cigar shop was at the corner of Marylebone-street I think, I am not certain of the name of the street, it is near Piccadilly—we were coming from the Quadrant towards Oxford-street, and the public-house was on the left hand side as we were going up Regent-street from the cigar shop—I do not recollect on which side of the street we were—the turning is about a quarter of a yard up Regent-street—we staid about ten minutes or a quarter of an hour in the next public-house—we sat there—the prisoner was smoking his cigar—we had one glass of rum and water there—there were four gentlemen in the parlour there—a man brought the rum and water in—I do not know him—I had never seen him before.
Q. What was your conversation about all this time? A. Our conversation was more about Jenny Lind than anything else—I have been to hear Jenny Lind I think once—I paid 3 s. to the gallery—I do not know whether the prisoner had been to hear her, I believe not—I did not ask him to go—I believe all our conversation was about Jenny Lind from the time of our meeting by the barracks till we got into the second public-house—I do not recollect anything else—after we left that public-house, we walked to Charing-cross Hospital—we went and had another glass of rum first in the Haymarket—I do not know what part of the Haymarket it was in, it was the lower part, on the Haymarket theatre side—I do not know whether there is more than one public-house on that side; I never counted them—we did not go up stairs there, we stood at the bar and had plain rum—we only had spirits three times—we had no ale or porter—I had not taken anything before I met the prisoner that I am aware of—I had left my employer's house about six o'clock—I had been to church at the church against Trafalgar-square, St. Martin's, I believe it is called—I no not know who preached, nor what the text was, or the gospel for the day—there is evening service there I know, for I have been to it—I believe it commences about half-past seven—I had been there before—I do not know the person who preached there—the service is generally over by a quarter-past eight I believe, but I do not know exactly—I went to hear the sermon, and did hear what there was of it I suppose—I cannot tell what it was about—I did not notice what kind of clergyman it was who preached—I was very low down—there was no charity sermon—I had no money to give away—I do give money in charity—I got home about ten minutes past ten—I saw all my fellow-servants there, and a great number of persons—I did not mention what had occurred.
MR. BALDWIN. Q. Had you any money in your pocket when you went to this church? A. Yes, I gave the prisoner the 1s. on the morning of the 8th out of charity, because he had told me he had had no breakfast—I recollected he was the same person that I had seen on the 15th—he stopped me—I told him it was the first shilling he had of me, and he should have no more—he said "I shall have a great many more out you, and before you have been in your place three days I will have you out of it"—at this time there was no other person present—it was in Lawrence-lane—I did not see any person near that I could have called and given him into custody to.
MR. O'BRIEN. Q. Lawrence-lane is a very great thoroughfare is it not? A. It is—I did not look for any one to give him in charge to—I had made up my mind to do something, to give him in charge if he came bothering me.
night of the 8th of Sept. I saw the prisoner and prosecutor at the corner of the passage in Ironmonger-lane in deep conversation—I crossed over to them, and the prosecutor gave the prisoner in charge—he said, "He wants to extort money from the under the threat of an unnatural offence"—the prisoner replied, "I have lent this young man 10s.; I have now come for; and he won't pay me"—he said, putting out his hand, "For God's sake do not press the charge, shake hands with me, and I will never annoy you any more"—I took him to the station—he gave the name of John Coggs—I found a pocket-book on him, and 1s. 3d. in money—he refused to give his address that night—he gave it next morning—I found that he lodged at No. 4, Cumberland-court, Cumberland-street, Middlesex Hospital—he was known there by the name of O'Brine—his real name is O'Corner.
Cross-examined. Q. How do you know what his name is? A. I understand from the parties where he lodges that that is his name.
ROBERT BRAILEY re-examined. He first of all demanded 10s.—I gave him 3 d., and then he took my scarf and handkerchief—I parted with those articles under the fear that I should be charged with something for which I might be transported—I saw him take the handkerchief—he searched my pocket—he took it from my pocket—I did not tell him to search my pockets—I parted with it under the dread of transportation—he took it—I did not make any attempt to get it back.
MR. O'BRINE contended that the 1st count, charging a robbery at common law, could not be supported by this evidence, which only amounted to a threat to charge an infamous crime, (see The Queen v. Henry and Taunton, 2 Moody's Crown Cases, 118;) and that the 4th count was defective, the words "without any reasonable or probable cause" not being added.
MR. BALDWIN. in reply, quoted the case of The Queen v. Stringer, (see Moody's Crown Cases.) in support of the 1st count; and with respect to the 4th, stated that the words "without any reasonable or probable cause" were unnecessary in the form of the present charge.
The COURT ruled that the counts were sustainable (referring to The Queen v. John King, p. 752 of the last Sessions' Paper.
) GUILTY on all the counts. Aged 23.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
MR. BALLANTINE conducted the Prosecution.
SARAH HOWARD. I am the prisoner's wife—I am now in Kensington workhouse—we did live in Earl-street, Kensington—I have nothing at all to say against him. On the 19th of July he came home about eleven o'clock at night very drunk—he was very much in liquor and out of his mind all that week—I had the child in my arms—I told him to go to bed, and he pushed me down stairs with the child in my arms—when I got to the bottom he hit me one blow I think on the head, and then took and broke the things with a hatchet—I did not faint—I think I must have had a touch of this sickness that has been going about—it came on that week—I thought I was at work all that week, but I understand that I was not, for I was far too ill—I do not think I lost my recollection after I was struck.
Cross-examined by MR. O'BRIEN. Q. I suppose he struck you with his fist? A. Yes—not with any weapon—my child is getting on for five years old.
MARY BEALZIEY. I am the wife of William Beazley, and live in Earl-street, in the same house with the prisoner. On Monday, the 19th of July, about half-past eleven at night, I heard a cry of "Murder!"—I went to the prisoner's room, and saw his wife sitting on the bed—she seemed as if she had been knocked about and ill used very much—he was standing in the room tearing up his wife's bonnet and the clothes—he had nothing in his hand when I first went in, but after I had been there two or three minutes, he took up the axe, and said he did not care for any four men that came to take his wife's part—I took the axe out of his hand, and put it down against the door, and talked to him about ill-using his wife—he said he was sorry for what he had done, he would not ill-use her any more that night.
JOHN BELORAVE GUAZZARONI. I am a surgeon, and live in prince's-terrace, Kensington. On the morning of the 20th of July the prosecutrix came to my house—she appeared to be suffering from loss of blood—there was a contused wound on the scalp, and a lacerated wound on the left leg, as if from a kick—they did not seem very serious wounds—she complained of pain in the head, and I bled her.
(MR. O' BRIEN, for the prisoner, here stated that he could not resist a verdict of assault.
) GUILTY of an Assault.
MR. BALLANTINE conducted the Prosecution.
JOHN BELGRAVE GUAZZARONI. On Sunday, the 25th of July, the prisoner came to be, and asked me to go and see his wife as soon as I could make it convenient, for she was supposed to be in labour—I said I would, and asked him whether it was the same woman that had come to me a few days previously and complained of his ill-using her—he said it was—I went to the house, and found his wife completely insensible—she was lobouring under symptoms of concussion of the brain—there was a mark across the nose, and, on examination, I discovered a fracture of one of the bones nose—there was a contused wound about the head, and several contusions about the body—there were also symptoms of premature labour—I bled her twice—she continued insensible for the whole of that day, and for two subsequent days, and at intervals she was delirious—she was removed to the workhouse on the Wednesday—she rallied, and on the 9th of Aug. was delivered of a male child of between seven and eight months—the contusion on the head appeared to have been produced by some hard substance—the skin was broken—I have seen a hammer which I think might inflict it—she had a lot of hair on at the time, that would in some measure deaden the blow, or it would have been more severe.
Cross-examined by MR. O'BRIEN. Q. Suppose she had fallen down stairs on her head, would not such a wound be occasioned? A. It might—there are occasional wounds of that sort—that was not the same wound I had seen on the Tuesday before—that wound had not quite healed—that was a cut, the last was more of a bruise—the skin was slightly cut—the epidermis was cut, but not the whole of the integument—it was cut enough for blood to be drawn.
MARY BLAZLEY. I am the wife of William Beazley. On the Sunday after the last transaction a Mrs. Prior came to me; and, in consequence of what she said, I went to the deceased, and found her lying on the bed in a
state of insensibility—her face was smothered in blood and dirt, and her nose apparently broken—the prisoner said he was afraid his wife would die, and if she did he was afraid he should be hung or transported.
Cross-examined. Q. The prisoner came to you, and asked you to come in, did he not? A. No—after I went in he said he wished some one had come in before and looked at her—he sent him for Dr. Ward, who came—he afterwards went for the Parish doctor, but Mr. Guazzaroni came—the prisoner was in great trouble.
SARAH HOWARD. I do not know how I came by the wound on the head—I had no wound on my head at all, only on my leg and arm, and my nose was a little hurt—my husband struck me on the nose with his hand—he did not use any weapon, not anything but his hand—the cut in my arm was from the things that were broken in the room—I saw nothing of a hammer—(looking at one produced)—I have seen my husband use a hammer like that in his work—he did not touch me with it—I cannot tell how it was that I became insensible—it must have been from the upset of my mind.
GUILTY of an Assault.
MR. RYLAND Conducted the Prosecution.
THOMAS M'CORMACK. I am a carpenter, and live in Orchard-place, Marylebone. I had a lodger named Garey, and one named Crimming—on the 1st of Aug., a complaint was made to me that Crimming and several others were coming to my place to kick up a row and knock my place and me about—I acquainted the constables, and they refused to come in—about half-past seven o'clock in the morning I met the prisoner on the stairs—I had never seen him before—he was with Crimming—he had a poker in his hand and hit me with it—he went into Crimming's room, I tried to get in after him, but could not—he broke the panel of the door with the poker—he then wanted to get out of the window, the back way—I went round outside the window—he saw me, turned back again, and came out of the door—he had the poker with him still—I tried to lay hold of him, and he lifted up the poker, hit me with it, and cut my forehead open—it bled very much—I was senseless after the first blow, and did not see him make any farther attempt—I fell back against some persons behind me—the prisoner attempted to hit me again with the poker, but was prevented by the constable, who defended the blow off with his staff—he was taken into custody—I did not have a doctor that night, as it was rather late—a man dressed the wound—it bled till six o'clock next morning—I was in the doctor's hands better than a fortnight.
Cross-examined by MR. O'BRINE. Q. Who dressed it that night? A. Dr. Bibby's man—I attempted to seize the prisoner before he went into the room, and it was after he came out that I received the blow, when I met him in the passage and attempted to lay hold of him.
MR. RYLAND. Q. What did you attempted to lay hold of him for? A. To take him—I do not know why he wanted to break into my place—he had broken the panel of the door before I meddled with him.
MICHAEL GAREY. I lived in Orchard-place, Marylebone. On the 1st of Aug. the prisoner came to my room—he stood for some time at the door, then made towards me and struck me with his fist—he then went out of my room, and into Crimming's room—I did not see him strike the prosecutor—I remained in my own room—I saw the prosecutor afterwards with his head cut and bleeding.
Cross-examined. Q. What time in the morning was this? A. About half-past seven—I had not been drinking—I do not know whether Crimming had—I saw the prisoner afterwards at the station, and then he was drunk.
THOMAS CURRAN. I was in Garey's room on the evening of the 1st of Aug.—the prisoner came in and struck Garey, and then ran up stairs into Crimming's room—he broke the panel of the door with a poker—he then went to the window to make his escape, and the people followed him round—he then went and tried to run out into the yard, and met the policeman—he turned back again, and M'Cormack was before him at the door, and he up with the poker and hit M'Cormack on the forehead—he bled, and fell backward.
WILLIAM BEWLEY (policeman.) I saw the blow struck—the prisoner had the poker in his hand—he made use of an obscene word, and said, "I will do for you; you are not the first I have done for"—I held up my staff several times, and kept off several blows; but the one he did strike was apparently as hard as if it would cut his head off—there was a great mob—he made several attempts to strike me, but I kept off the blows with my staff—I cannot say whether the poker was straight when he hit M'Cormack, it is bent now—I got close to him, so that he could not do me any harm, and took him into custody—he was very violent for a moment—they had been crying "Murder" for about twenty minutes, or half an hour—a great many officers came to my assistance, and we took him to the station—M'Cormack was in a very bad state—there is no surgeon here.
Cross-examined. Q. Did you examine him? A. Yes, when I took him to the doctor's—the prisoner was drunk—I saw him go into Crimming's room, and break the door open—when I went into the passage he was there striking at M'Cormack, and one of the blows cut his head open.
GUILTY. Aged 26.— Confined Eighteen Months.
NEW COURT.—Monday, September 27th, 1847.
PRESENT—Sir JOHN PIRIE, Alderman; Mr. RECORDER; and Mr. Alderman MUSGROVE.
Fifth Jury, before Mr. Recorder.
GUILTY..> Aged 19.— Confined Three Months.
GUILTY .— Confined Ten Days.
(The prisoner received a good character; and a witness engaged to employed him.)
2163. SAMUEL EVANS was indicted for stealing 13 brushes, value 6s. 4d.; 10 tea-boards, 1s. 8d.; 2 1/2lbs weight of horse-hair, 4s.; 6lbs. weight of bristles, 15s.; 8 brush-handles, 6s.; 2 brushes, 1s.; 1 ball of twine, 1s.; and 38 backs for brushes, 9d.; the goods of Henry William Wainwright, his master; to which he pleaded
GUILTY. The prisoner received a good character, and was recommended to mercy by the Prosecutor.— Confined Three Months
GUILTY . Aged 30.— Confined One Year.
BENJAMIN JEFFRIES. I am wardsman at the East London Model Lodging-house, Glasshouse-yard, East Smithfield—Messrs. Robert Bowie and son and Russell Gurney are the proprietors—the prisoner had been lodging there about two months before he was taken—we lost a rug from the bed he used—it has never been found—the prisoner did not absent himself from the house afterwards—I could not tell whether it was him that took it.
THOMAS STEVENS. I am a labourer, and lodge at the New Model Lodging-house, Glasshouse-yard. About the 2nd or 3rd of Aug. I was going to my bed, which was next to the prisoner's—I saw him sitting up, half dressed, trying to put the rug into a bag—it was two or three inches in the bag—he concealed it—about five minutes afterwards I was standing at the kitchen-door, and saw the prisoner go out with the bag, and shortly afterwards I saw the rug was gone from his bed—I did not make it known, as there was such a set of ruffians there—I was afraid of them—I had my eyes blackened since—the prisoner joined me where I was at work, at Nicholson's-wharf—I asked where he had been—he said, "Down to Moorfields, and sold it for 2s."—the same evening I was served out with a clean pair of sheets—next morning I folded them up, took them into the room, and put them under my bed, and when I came home that evening they were gone—I was going to work the next morning with William Clark and the prisoner—I accused him of taking the sheets.
BENJAMIN JEFFRIES re-examined. Q. When was it you missed the rug? A. In the beginning of Aug.—that tallies with the time spoken of by Stevens—it was three weeks afterwards the prisoner was given in charge.
Prisoner's Defence. Stevens was drinking with m eat Mr. Gant's, at the corners of Tower-hill, on Sunday, and on Monday we got intoxicated and had a little row; he said he would do something for me; he went home next morning; I asked him what he was going to do for me; he said, "I will let you know;" He went away, and after I went home to dinner he got the policeman and gave me in charge; I know nothing about the rug; the house is open at all hours of the night.
THOMAS STEVENS re-examined. The prisoner slept in No. 128 and I in No. 127—I slept in the kitchen the night before—when I told the servant about it, he gave me a black eye—there is such a set of ruffians there, I have had my eyes blackened since that—I can appeal to the officer—the prisoner belongs to a gang of thieves.
GUILTY. Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner.)
WILLIAM JOBLIN. I am shopman to Mr. Bartlett Judd, of St. Pancras. The prisoner was in his service—he absconded on the 21st of July, and enlisted for a soldier—he was employed to carry out goods and receive money for his master.
Cross-examined by MR. WILDE Q. Are you the only person who received money of the prisoner? A. I was the only person who was to have received this money—Mr. Taylor receives money of him.
THOMAS OLIVER. I keep the Drummond Arms, Drummond-street, and deal with Mr. Judd for bacon and cheese. On the 20th of July I paid the prisoner 3l. 1s. 4d.—here is the bill receipted by him—I paid it on account of Mr. Judd.
HARRIET ADAMS. I live in Green-street, Kentish-town, and manage my brother's business—we deal with Mr. Judd. On the 17th of July I paid the prisoner 30s. On account of his master—he gave me this receipt for the money.
WILLIAM JOBLIN re-examined. Q. What situation do you fill in Mr. Judd's employ? A. Foreman—the person who collects money accounts to me and another person—all the money the prisoner brought in over 1l., he had to give an account of to me—he ought to have accounted for these sums to me in this cash-book, he has not accounted to me for them.
Cross-examined. Q. How many persons has Mr. Judd in his employ? A. Myself and Taylor and two others—the prisoner and other persons were allowed to receive money—the shop-boy might, but not to this amount—if I were away, there was some one there who would have received money—all the person who receive money are here—if any other person did, they would have to give it me.
COURT. Q. Had you any conversation with the prisoner? A. I made out the bill for Mr. Oliver, and told him to be particular to give it him—he came back and said Mr. Oliver had not paid him, and he would call and make a complaint of our letting people have things without his sending an order for them.
JOHN TAYLOR. I am in Mr. Judd's employ. The prisoner was charged to receive the money from Mr. Oliver—he said he had not paid him, and he had made a complaint and he would call—when the prisoner came in he generally gave Mr. Joblin the money, and accounted to Mr. Judd—he
received goods, when he was to give an account of, or to bring the goods back.
RICHARD NELLD (police-sergeant S 3.) I apprehended the prisoner in Chatham garrison—he was in the 22nd regiment of foot—the colonel was present—the prisoner was told he was charged with embezzling from 12l. to 15l.—he shook his head, and said it was not quite so much—in coming up to London, on board the steam-boat, he said he supposed he should get transported—I said I could not tell anything about it—he had enlisted four or five days after he left Mr. Judd's employ.
Cross-examined. Q. Were you alone? A. No, there were 400 or 500 persons on board—the prisoner was sitting alongside of me.
GUILTY. Aged 22.— Confined Three Months.
JOSEPH SALINGER. I am a commission-agent, and live in Middleton-street. On the 10th of Sept. I was out with my goods, saw the prisoner, and engaged him to carry some work-boxes for me—I told him I would pay him when the day was over—I gave him 2d. in the course of the day—he followed me till about five o'clock, when I lost him and the goods at the corner of Wilson-street, Moorfields.
Cross-examined by MR. PAYNE. Q. It was between eleven and twelve o'clock you took him? A. Yes—he was a stranger to me—I told him if he was a good boy I would give him a situation—I went into a coffee-shop and gave him 2d. to get something himself—he did not remain outside with the parcel while I was there—he did when I went into the shop to make inquiries—I walked behind him most of the day, but at the time he left me he was behind me—he wanted to go away before—I told him I was very close home, if he would go home I would pay him, he did not know what, but I was going to give him a shilling.
JOSEPH BERRYMAN (policeman G 181.) I saw the prisoner in a beer-shop at Cow-cross with a number of boxes—he was showing them to the landlady over the counter—I went in, and asked him what he had there—he said work-boxes that he had bought of a man in the fair—(there was a fair in Britannia-fields)—I asked what he wanted for one of those small ones—he said I should have one for 8d.; that he had just sold two for 9d. and a pint of beer—I took him to the station—these are the boxes.
Cross-examined. Q. He was showing them openly to the landlady? A. Yes—I was in my uniform.
COURT. Q. Had you told the prisoner where you lived? A. No—if he missed me he could have inquired at the last place I had been to.
(The prisoner received a good character.)
GUILTY. Aged 15. Recommended to mercy by the Jury. — Confined Fourteen Days
them of the prisoner—he said he knew nothing about them—I found one of them at a pawnbroker's—I gave the prisoner into custody, and at the station he produced the other saw from under his coat, and acknowledged it.
(The prisoner received a good character, and his master engaged to employ him again.)
GUILTY. Aged 28.— Confined Eight Days.
Cross-examined by MR. HORRY Q. Where were you? A. In the shop—I saw him distinctly—I have no doubt of his being the person.
GUILTY. Aged 19.— Confined One Month.
SARAH JEKYLL. I am the wife of Thomas Jekyll—we live in Oxford-street, Chelsea—I keep a laundry—I have employed the prisoner five years—I found a handkerchief in pawn, and gave her into custody—these articles (produced) had been given me to wash—this is the handkerchief which I missed on the 11th of Sept.—it would go through her hands as ironer—I missed this shirt, it was sent to me to wash—the prisoner would have an opportunity of getting these things.
Cross-examined by MR. PRENDERGAST Q. Are you always in the work yourself? A. Yes, I see to everything—my husband fetches and carries the linen for me—he has nothing to do with washing—the business is entirely under my control—my husband mangles—he is known to the customers in town by fetching and carrying the linen—I make the bills—I do not allow my husband to take the money at all—the people would not trust him with the things, it is not general for a man to be trusted with washing.
COURT. Q. But the things were in his house? A. Yes—he is master of the house.
MR. PRENDERGAST. Q. Do not people often pawn things sent to wash, and redeem them? A. I have been told that such a thing is done, but it is not done by me.
COURT. Q. Have you missed many things? A. A quantity—I missed this handkerchief on a Saturday morning, when I was going to send my linen home—these other two I missed in June.
MR. PRENDERGAST. Q. When did you speak to the prisoner about it?
A. I did not speak to her—I found the handkerchief on Monday morning, and gave her into custody on Tuesday morning—I believe her husband was out of employment, and ill—she was diligent in her business, and was a very superior—I Knew nothing against her before.
GEORGE JOHNSON. I am assistant to a pawnbroker—I produce a hand-kerchief pawned in the name of Ann Davis on the 10th of Sept. for 1s. 6d. by the prisoner—I have two other handkerchief's pawned on the 19th of June. I do not know by whom; I did not take them in—they are in the same name.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury and Prosecutrix. — Confined Fourteen Days
2171. JOSEPH DYKE and MARY ANN BRENNAN were indicted for stealing 1 watch, value 5l. 5s.; 1 purse, 6d.; 1 handkerchief, 1l.; 5 half-crowns, 15 shillings, and 8 sixpences; the property of John Urquhart, from his person; they having been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
JOHN URQUHART. I live Inverness-shire—I am a stranger in London. On Friday night, the 10th of Sept., about half-past eleven o'clock, I was in Drury-lane—I went into the White Lion public-house—I remained below a few minutes, and took something to drink—I heard some singing up stairs—I asked the man if it was a public room—he said it was—I went up, and asked what was to pay—the prisoner Dyke, who was the chairman of the meeting, said, "A shilling"—I paid him the shilling—he invited me to take a seat on his left hand—I sat a little while, not many minutes—there seemed to be a little disorder amongst some of the company—I wished to go away—I called for some drink, and paid for it—I think it was two glasses of rum-and-water—I did not drink any myself up stairs, I had down stairs—I was quite sober—I retired after I had paid for what I ordered—Dyke said he wished to speak to me particularly at the bar of the house—Brennan got up with him—I was going down, the two prisoners followed me, and Dyke pushed me against the balustrade, or the wall of the stairs, put his hand into my right waistcoat-pocket, and took my watch out, and Brennan took my purse from my right-hand trowsers-pocket, and my handkerchief from my coat-pocket—I took the purse from her with great violence, and she returned to the room—my watch was fastened to the chain—I cannot say how Dyke took it—most likely he unscrewed the swivel—the watch was gone, and the chain remained—I called out I was robbed, and ordered the landlord of the house to shut the door, which he did very reluctantly I thought, and I noticed three or four persons went out—I cannot tell whether Dyke was one—I am not sure how much was in the purse, but when it was counted in the office at Bow-street there were five half-crowns, fifteen shillings, and eight sixpences—Brennan had got it almost out of my pocket when I took it from her—I went up stairs afterwards, and found her—I said I was robbed—she threw my hand-kerchief to me, and said, "There is your handkerchief, and be d—d"—police-man No. 47 came—I gave her in charge—Dyke was then gone, but I saw him afterwards—I am quite sure he is the man.
Cross-examined by MR. PAYNE Q. How long had you been in London.
A. I only came the day before, and slept that night alone, at a private house in Great Suffolk-street, Borough—I do not recollect that I had drank anything before I went to the White Lion—I do not remember where I dined—I most likely dined at a cock shop—I went into the White Lion to have something to drink—I had been to see a young lady—I had a glass of wine at her house, and staid about an hour—I had left her an hour or two previous to my going to the public-house—I had been going about the town—I had nothing to drink after I left the young lady—I cannot be positive whether I had rum-and-water, or ale, at the bar of the public-house—I think it was a glass of rum-and-water, and one of gin-and-water that I called for in the room—I paid a shilling for them—I am not sure whether the staircase was dark or light—I think there were twenty-five or thirty persons in the room—there was no singing while I was there—there was dancing—I did not dance—I was five or ten minutes in the room.
Cross-examined by MR. METCALF Q. How many women were there in the room? A. I could not speak positively—there were several when I went out of the room—Dyke followed me, and Brennan followed him—I know that because I gave a side-look occasionally—I had got a yard or two from the door before this attack was made—it was on the landing, on the top of the stairs—I went down stairs—I cried "Police!"—I went up again, and told the whole company I was robbed—I looked about, and saw Brennan—she was sitting with her companions at the top of the room—I said, "You are the party that took my purse"—she threw my handkerchief at me—I did not sit down—I was rather excited—I was looking at her when the handkerchief was thrown—that was before the policeman came—I was down stairs at the bar then, and Brennan had come down also—I gave her in charge to No. 47—another policeman, No. 152, went upstairs—I went with him to see for my watch.
JONAJHAN MAYHEW. I am waiter at the White Lion—there was a convivial meeting there that night, and a raffle—Dyke was the chairman—there was dancing and singing—Urquhart sat next to the chairman—he ordered some liquor—I served it—he ordered me to bring up two more glasses—I went down, and heard a great bustle on the stairs—he called out that he was robbed—I did not go into the room again till it was all over—Brennan was one of the party—I could not see who was with Urquhart when he said he was robbed—I did not go into the room again till it was all over—Brennan was one of the party—I could not see who was with Urquhart when he said he was robbed—when he came to the bar he complained of being robbed of his watch—my master ordered me to shut the door—I did so, and my master came and locked it—Dyke was not there when the door was locked.
Cross-examined by MR. PAYNE Q. What did you take to Urquhart first? A. Two glasses of rum-and water—he paid me for them, and ordered two more, one of gin, and one of rum, but I did not take them up—there was a candle burning on the staircase—it is not much of a light, certainly—there was a light in the room.
HENRY ATTWOOD (policeman, F 152) On the 10th of Sept. I heard a cry of "Police!" and went to the White Lion—Urquhart said, in Brennan's Presence, that she had robbed him of his purse, which he took out of her hand; and that he returned to the room, where he found her sitting, and that she threw his handkerchief to him, and told him to take it and be d----d—she said she was innocent—Dyke was then gone—I went to several public-house to look after him—he kept away from that neighbourhood—I did not find him till last Friday week, at St. Luke's—I knew he lived in Short's-gardens.
Cross-examined by MR. PYNE. Q. When you took him, did he not say, "I am accused what I Know nothing about?" A. Yes—he did not deny
being the chairman, nor that he had taken a shilling from a person who be supposed had lost his watch—he denied that he had stolen the watch.
MR. PAYNE to JOHN URQUHART. Q. Have you bought another watch: A. No. I had another at home—I am a farmer.
JURY. Q. How long before you missed it had you seen it? A. I looked at it about a minute after I went into the room—it was screwed on to the swivel—the swivel was not broken—I cannot do it so quickly as he did it.
COURT. Q. Had you been twisting it about in your hand so that you might have unscrewed it? A. No.—I am not aware that I had been playing with my watch in the visit I made to the young lady.
Dyke. I am innocent: the man who did it is at large.
DYKE— GUILTY.** Aged 34.
BRENNAN— GUILTY. Aged 20.
Transported for Ten Years.
THOMAS CURTIS SANTO. I am a sailor, and live in Meetinghouse-alley. On the 15th of Sept. I went to the Cock and Neptune public-house—the prisoner was there—she said, "Halloa!"—I turned round—she took the handkerchief out of my pocket, and put both her hands behind her with the handkerchief in them—she had a shawl on—I asked her several times for the handkerchief—she gave me her own—I took it, and walked out—when I got to the light I found it was not mine—it was torn very nearly in two, and bad two holes in it—I went and found the prisoner in the tap-room—I fetched a policeman—I had never seen her before—the handkerchief I got from the prisoner is rather lighter than mine—they were both red.
Cross-examined by MR. BALLANTINE. Q. Had you been drinking? A. No, I had not tasted a drop—there were no other persons at the bar—there were two young men inside—I have not seen my handkerchief since—it was about half-past seven o'clock in the evening.
JMAES M'INTOSH (policeman, H 98.) I was called into the Cock and Neptune—Santo said to the prisoner, "Now you had better give it up before it goes any further"—the prisoner said, "I have not got it"—he said, "You know you have got it. and I will give you in charge"—on the way to the station the prisoner said she knew nothing of this handkerchief which Santo says she gave him—the following day, on the way to the police-court, she said, "That is my handkerchief, but he snatched it out of my hand,"
Cross-examined. Q. Were there other persons in the public-house? A. Half-a-dozen or more when I went—the prisoner was not searched closely then—a female searched her afterwards, and no handkerchief was found.
GUILTY. Aged 28.— Confined One Month.
2173. JAMES PULSFORD was indicted for stealing 7 yards of calico, value 2s., and 2 pairs of stockings, 2s., the goods of John Maple, his master; and SARAH PULSFORD for feloniously receiving the same, well knowing them to have been stolen.
WILLIAM BING. I am shopman to Mr. John Maple, of Tottenham-court-road—James Pulsford was his carman. On the 30th of Aug. a policeman called at our house to see Mr. Maple—some calico was produced at the pawnbroker's—this piece has our mark on it—I cannot say whether it has been sold or not—we sell it with the mark on—this has been my master's property—I do not know that the prisoner ever bought it—we have two or three shopmen.
Cross-examined by MR. PAYNE. Q. You have never sworn positively to this? A. No.—it was in our stock—how it got out I cannot tell.
2174. JAMES PULSFORD was again indicted for stealing 2 table-cloths, value 13s.; 4 handkerchiefs, 10s.; and 10 yards of cotton, 4s.; the goods of john Maple, his master; and SARAH PULSFORD for feloniously receiving the same, well knowing them to have been stolen: to which
JAMES PULSFORD pleaded GUILTY >, and received a good character.
Aged 17.— Confined One Month.
JOHN DEAN (policeman, S 381.) I took Sarah Pulsford on the 30th of Aug.—these two table-cloths were put into my hand at the station by Mr. Finnigan, Mr. Griffith's shopman—I found on Sarah pulsford these four handkerchiefs and a grown-piece—I asked her where she got these things from; that related to the whole of them—she did not answer, she was so much excited—she told the female searcher that she knew they were stolen, but she did not rightly know where they came from—she afterwards said she brought them from No.10, Charlton-street—she said to me at the police-court that she had them from her son—she cried very much—I afterwards took James pulsford into custody.
Cross-examined by MR. PAYNE. Q. You have stated, "I found four handkerchiefs and a gown-piece on her, she said they were stolen;" is that true? A. Yes—she subsequently stated she had them from her son.
COURT. Q. Did she say they were stolen, or she knew they were stolen? A. She said both.
WILLIAM BING. These articles were brought to us by a policeman—they have our mark—we had no idea we had lost them till they were brought—I never sold them to James pulsford—to my knowledge he never bought anything—I never saw Sarah pulsford before—I have no reason to suppose they have ever been sold—my master's name is John Maple.
Cross-examined. Q. Has he any partner? A. Not any—there are three persons in his service besides me—the others are not here—we cannot miss things on account of the largeness of the stock—we should not have missed these if the policeman had not brought them.
(The prisoner received a good character.)
SARAH PULSFORD— GUILTY. Aged 48.— Confined One Month in Newgate.
THIRD COURT.—Monday, September 27th, 1847.
Third Jury, before Edward Bullock, Esq.
PHILEMON REEVE. I am a carpenter, in Grafton-street, Euston-square. On the 24th of Aug., about half-past nine o'clock at night, I was at the corner of Charles-street, Hampstead-road—there was a crowd—the Ethicpians were singing—I was holding up a little girl over the people's heads, and I heard a scuffle behind me; turned round, and saw the prisoner with my handkerchief in his hand—it had been in my pocket—I said, "That is mine"—he flung it down—it was taken up by a policeman—this produced is it—it is mine.
GEORGE ANTHONY. I live in Little Charles-street, Munster-square. On the 24th of Aug., at half-past nine o'clock at night, I was with a friend is the Hampstead-road—the prisoner attempted to pick my friend's pocket—I afterwards saw him put his hand in Mr. Reeve's right-hand coat pocket—I saw a handkerchief in his hand—he threw it down—my friend laid hold of him, and took him into a public-house—I gave him and the handkerchief to the policeman—this is the same handkerchief.
Prisoner's Defence. I did not touch the handkerchief: it was a man in front of me who picked the pocket.
GUILTY.** Aged 20.— Transported For Seven Years.
JOHN ADCOCK. I am an apprentice on board theLady Flora, lying in the East India Docks. On the 11th of Sept., in the morning, I went into the forecastle and missed a pair of shoes and stockings belonging to me—the shoes had been underneath my bunk that is where I sleep—the prisoner was working on board—I saw him going down the forecastle with the shoes on
his feet—I told the chief mate, and he was given in charge—I went down again and found the prisoner's shoes were put in the place of mine.
Prisoner's Defence. I was at work, and saw the shoes lying about; they were better than mine; I put them on and tucked the stockings in my breast; Adcock said they were his, I gave them to him; I thought they were a pair which the sailors. who had been discharged, had left.
JOHN ADCOCK re-examined. I am sure the shoes were under my bunk—that is not a place where I should leave them if I meant to give them up—the shoes and stockings produced are mine—the stockings were under my pillow.
GUILTY. Aged 21.— Confined Two Months.
2180. EDWARD MILLER, EDWARD MORGAN , and JAMES DONOVAN , were indicted for stealing 11 yards of cotton, value 6s.; the goods of James Butler; and that they had all been before convicted of felony, to which
MORGAN pleaded GUILTY . Aged 11.— Confined One Month and Whipped.
JOHN TYRRELL. I am assistant to Mr. James Butler, a draper, of High-street, Whitechapel—he has no partner—this printed cotton is his property—I know it by a private mark—I am quite sure of it; opposite the door, outside the shop, on the 2nd of Sept., in the evening, I saw it safe on a chair, five minutes before it was lost—John Spittle brought the prisoners and the cotton to the shop.
JOHN SPITTLE (City policeman.) On the 2nd of Sept., a little before nine o'clock in the evening, I saw the prisoners together, with another—Morgan took this piece of cotton—he was covered by the others—he instantly ran off with it into George-yard—I followed him—he dropped it—I took him—they all ran away together as far as George-yard—it was about one hundred yards.
GEORGE TREW (City policeman.) I was with Spittle, and saw Miller and Morgan in company first—I afterwards met them with Donovan and another boy—I saw Morgan look at the print, take it, and put it into his pockets—they all four ran down George-yard—I took Donovan—Mr. Butler took Miller—they were all in company half an hour previous—I did not lose sight of them.
Miller's Defence. I was by the shop and saw the mob running; I ran too, to see what it was, and the policeman took me.
Donovan's Defence. I was running; the policeman caught hold of me.
MILLER— GUILTY. Aged 11.
DONOVAN— GUILTY. Aged 10.
Confined One Month and Whipped.
bridge-road—the prisoner was my potman—I gave him 5s. a week, and a halfpenny a pot for all beer he sold—when I engaged him he promised faithfully to pay me weekly all money he received—it was not his duty to pay any one but me—he did not pay me at the end of the first week—I spoke to him—he said that parties did not like to be troubled with small bills, and could not pay—about a fortnight after that, I spoke to him—he said, if I liked he would pawn his clothes—he did not say whether he had received the money or not—he said, if I would let it remain a fortnight he would try to pay it—I did so—he did not pay me—he did not tell me the people had paid him, or that they had not—he said, if I would leave it until Saturday night he would endeavour to pay it all up—when Saturday night came he went away—he came back on Monday morning with two common females, and I gave him in charge for the amount, which was 4l. 5s. 8d.—he had asked me to let it stand over from time to time—he was away a night or two before, in the same way—he never said they had not paid him—I understood that he had received the money—I agreed to wait for it—I did not know whether he had received it or not.
SAMUEL SMITH. I let out flies, and live in North-street, Cambridge-heath—I have a coach-house and stable there. On the 10th of Sept., about seven o'clock in the evening, I saw a gig safe in the coach-house, with the wheels on it—next morning, about nine, I went to the stable, from information, and found the gate lying down, and the wheels, axle-tree, and springs of the chaise were gone—I gave information, and on the following Tuesday saw them to the station—these produced are them—this wheel has my own painting on it—here is a crack by which I can swear to it.
WILLIAM JENNINGS. I am a shoemaker, and live in Union-terrace, Hackney. On the 11th of Sept., at seven o'clock in the morning, I saw the prisoner pushing a pair of wheels before him, with the axle-tree and springs—he was coming out of North-street, where Mr. Smith's stable is, and going towards London—I knew the wheels to be Mr. Smith's—I had seen them frequently.
CHARLES GRAY. I am a box-maker, and live in Collingwood-place, Bethnal-green. On Saturday morning, the 11th of Sept., I heard a noise at the back, looked out of the window, and saw the prisoner in the yard, and the wheels—I cannot say whether he had brought them or not.
RICHARD CLARKE. I live in Brunswick-street, Hackney. On Saturday night I took the prisoner into custody—I told him it was for stealing a pair of wheels, an axle-tree, and three springs, and told him where he stole them from—he made no reply.
Prisoner's Defence. Mr. Twitchett came to me, and asked me if I wanted to buy a pair of wheels, axle-tree, and springs; I said, "Yes;" he said they were at his shop, and if I came there to-morrow I could see them; I went; he wanted 2l. 5s. 6d. for them; I went, and gave him 2l. 5s., he told me. where they were, and told me to go for them on Saturday morning; I was to know nothing about it, only that the wheelwright sent me for them; he said he would leave the hasp with the padlock open, so that I could get in; I
went; he was not there; I pushed the gates open, found the wheels standing there, and took them away; Twitchett was taken into custody, and denied knowing me.
The prisoner called
ROSINA BLACKBURN. I am single, and am a tailoress; I live in New-street, Bethnal-green-road. On the 5th of Sept. I went with the prisoner to Mr. Twitchett's, a wheelwright in Gossett-street, Bethnal-green, close to Gibraltar-dock—Mr. Twitchett told him to come round to-morrow, as he wanted to see him about some wheels and springs—the prisoner said, "Oh, very well."
GUILTY. Aged 18.— Transported for Seven years.
JAMES LAWRENCE. I am a dealer in fixtures. The prisoner has been in my employ about two months—it was his duty to sell goods for me, and give me the money directly he saw me, or tell me why he did not—he did not account to me on the 18th of Sept. for 3l. 16s. paid by Mr. Banks—I came home about quarter past twelve o'clock, and found him very much intoxicated—be said nothing to me about the money—he had received money for me before, and paid it me.
Prisoner. Q. Did you see me afterwards? A. Not till between six and seven o'clock in the evening—nothing was said about the money then—I did not ask you for it—I did not know you had it.
RICHARD BANKS. I live in Holly-street, Dalston. On Saturday, the 18th of Sept., about half-past ten o'clock in the morning, I paid the prisoner three sovereigns, and 16s. in silver, at his master's shop—he was sober then.
JAMES BANNER (policeman.) I took the prisoner into custody on Saturday evening—he was drunk in bed—I said I took him for embezzling 3l. 16s.—he said he had had it, and spent it—I found 18d. and a key on the bed; and in a drawer, which the key opened, at his master's, I found three half-crowns wrapped up in paper.
Prisoner's Defence. I put the money into the drawer, went out, and had a drop of drink next door, leaving the drawer open for an hour and a half; I came back, locked the drawer, and went to bed.
JAMES LAWRENCE re-examined. I applied for the money, but could get no answer from him—he told the policeman the money was locked in the drawer—three half-crowns was all that was found—that was after he was drunk—when I came home, at three o'clock, I was so annoyed by his language that I was obliged to have my shop shut up—he told me I might do the best I could, I should get no money at all from him.
GUILTY. Aged 47.— Confined Four Months.
2184. ELIZA LONDON was indicted for stealing 1 watch, value 3l.; 1 gown, 15s.; 2 petticoats, 4s.; 1 bonnet 2s.; 1 parasol, 1s.; and 1 shawl, 4s.; the goods of George Ritchie; having been before convicted of felony.
FANNY RITCHIE. I am the wife of George Ritchie, of the City-road. On Friday morning, the 13th of Aug., at nice o'clock, the prisoner came to my house to do needlework—I did not know her before—I went out between five and six in the afternoon, leaving her alone in the house with my two children, aged three and five years—I was away about an hour—when I got back she was gone—I missed a watch, which was no the table when I went out; also, this dress, two petticoats, a bonnet, and a parasol—the dress had been in a drawer—it is my property, and she one I missed—I afterwards met the pri-soner, and gave her in charge—she had the bonnet on, I found nothing else but the dress—she said I could not prove she had taken anything.
ELIZABETH LONDON. I am a widow, and live at Clerk's-place, St. Luke's. The prisoner is my daughter—she slept at home—about five weeks before I was before the Magistrates, he brought home a shawl, a pair of boots, and this dress—she told me she had got them at a place she was at service at, and that her mistress would be answerable for their being paid for.
GEORGE SECKER. I am son of George Secker, a pawnbroker, of John's row, St. Luke's. I produce the mouselin-de-laine dress, it was pledged by a female, I do not know who—a ticket was given her, I do not know who by.
ALFRED HENRY GRANT (policeman.) The prisoner was given into my charge by Mrs. Ritchie—she had this bonnet on, which Mrs. Ritchie owned—I produce a duplicate which I received from the prisoner's mother.
ELIZABETH LONDON re-examined. I pledged the dress for myself—I was to get it out for the prisoner on the Saturday—she left it at home, in her box—she slept at home—I was not aware she had got it improperly.
GUILTY.** Aged 17.— Transported for Seven Years.
ROBERT HUCHINGS. I am a shoemaker, and have one partner. The prisoner was my shopman, at 24s. a week—it was part of his duty to receive money, and pay it over immediately, or, if I was not at home, as soon as he saw me—he has never accounted to me for 1l. 9s. 3d., or 13s. 6d., received of Mr. Blondell and Mrs. Mackie—he made out a bill for Mr. Blondell—I did not see it made out—it is in his writing—as soon as money is brought in he should count it out on the counter, put it into the till, and say, so and so has paid their bill, as soon as he saw either of us.
Prisoner. The money was brought home, and given to you, on the same Saturday night as I took the shoes home. Witness. If it had been, it would appear in the cash-book—you did not bring me the 13s. 6d. the same evening.
THOMAS BLONDELL. I live in Shoreditch. I owed Messrs. Hutchings and Chalker 1l. 8s. 3d.—the bill was made out for 1l. 9s. 3d., which I paid to the prisoner on the 3rd of May—this is the bill—I saw him receipt it.
ELIZABETH MACKEI. I am the wife of George Mackie, of No. 31, City-road. I owed Messrs. Hutchings and Chalker 13s. 6d.—I paid it to the prisoner on the 3rd of July—this is the bill—I saw him receipt it.
JOHN HAYNES (policeman.) On the 4th of Sept. the prisoner was given into my charge—he had been discharged from the prosecutor's service—I took him to the station—he said he thought this would do for him.
Prisoner. It is false; I never spoke to you in the station at all; in the first case there might be a little mistake, and I should have made it good; but as to the second, I am certain I paid the money; here is the bill (producing one.)
ROBERT HUTCHINGS re-examined. I gave this bill to the prisoner, by order of the Magistrate, when he was summarily convicted on another charge—it has nothing to do with these two charges—he paid me the money—he had been in my service between three and four years—he left two days previous to being taken in charge.
(The prisoner received a good character.)
GUILTY Aged 36.—Recommended to mercy by the Jury. — Confined Three Months
PERKINS pleaded GUILTY . Aged 16.— Confined Three Months.
CHARLES MIDGLEY. I live in Great Warner-street, Clerkenwell. Perkins was in my employ—these three planes are mine—I did not miss them till the policeman spoke to me—they had been on a shelf in the shop where Perkins worked.
WILLIAM WALLACE. On Friday evening, the 3rd of Sept., about a quarter to six o'clock, I took the prisoners into custody, on Saffron-hill—Cain had three planes under his arm, trying to conceal them by putting them under his coat—I went up and asked what he had got—he said. "Nothing"—he afterwards said he had got three planes, produced them, and said Perkins gave them to him—Perkins immediately ran away.
Cain's Defence. Perkins gave me them to carry; I thought they were his own; I did not try too conceal them; I did not know the policeman was there.
2187. JOHN CLAPCOTT . was indicted for stealing 1 pair of boots, value 16s.; 2 waistcoats, 1l.; 3 handkerchiefs, 6s.; 1 pair of boots, 8s.; 1 box, 5s.; 1 hammer, 2s.; 8 chisels, 8s.; 12 files, 4s.; and 1 half-sovereign; the property of Richard John Dyke.
RICHARD JOHN DYKE. I am a stone-mason, in Exmouth-street, Clerkenwell—before I lived there, I lived with the prisoner, in Tothill-street—I worked with him at Buckingham Palace—I was living with him on the 6th of Sept.—he wanted me to go with him to Camberwell, in search of work, as he did not expect to get winter work at Buckingham Palace—we did not get any—I wanted him to go back to Buckingham Palace to work—I went to Tothill-street, had my dinner without him, and went to work—I came home at night, and found my dressing-case broken open, which had been on the table in my room—it had been locked—I missed half a sovereign from it—the prisoner lodged in the same room with me—my clothes-box was also forced open—I missed from it two waistcoats, two handkerchiefs, one shirt, a pair of stockings, and a tool-box and tools (produced)—these are all my property.
JOSHUA FITCH BENTLEY. On the 8th of Sept. I took the prisoner, in Castle-street, Hall—I told him the charge—he denied all knowledge of it, and said I must be mistaken—when I got to the station, I opened a box
which he was carrying and found in it a shirt with "R. D." on it, and a pair of stockings—I took his boots off, and found "R. Dyke" inside each—he had on this waistcoat—there were several chisels in the chest, with "R. Dyke" in full on them, and a hammer—I found a duplicate in his pocket, for a coat, waistcoat, and two handkerchiefs—I went to a pawnbroker's, in King-street, Borough, and found the things.
GEORGE POCOCK. I am shopman to Mr. Nash, a pawnbroker, of King-street, Borough—I produce a coat, waistcoat, and two handkerchiefs, pawned on the 6th of Sept.—the duplicates found by Bentley are what I gave.
Prisoner's Defence. Dyke lent me the boots and the tools, and used to lend me any tools I required, and a waistcoat, and flannel jacket—several evenings he told me to get things out of his box.
RICHARD JOHN DYKE re-examined. I had lent him the boots a fortnight before, but had got them back—I did not lend him the waistcoat—I never allowed him to go to my box—there is the mark of a chisel on it.
GUILTY. Aged 27.— Confined Twelve Months.
JOSEPH HUGHES. I live with Thomas Humphries, ironmonger, of George-court, Marylebone. On the night of the 15th of Sept., from information, I looked out, and saw the prisoner about three yards from the shop—I went up to her, and said, "What have you got belonging to my master?"—she said, "Nothing"—I said, "you have"—she said, "I have not"—I lifted up the left side of her shawl, and found this iron boiler (produced), I took it from her, and brought her back to the shop—it is my master's property, it has "4s." in his own writing, inside the cover—it is quite new, and was not sold or mislaid—I did not see her take it—when I got up to her she was about six yards off, just turning into Oxford-street—I and the people in the shop were busy at the time
MICHAEL BRIGHT (policeman.) I was at the station when the prisoner was brought—I took her in charge—she had a shawl on—she said she went into the shop to ask the price of a boiler, and they were so busy they could not attend to her.
Prisoner. Q. Did not I say I wanted to see Mrs. Humphries, to explain? A. Not that I recollect.
Prisoner's Defence. A lady had told me to price the saucepan; I was going to replace it, when he rushed upon me; I have been in an asylum, but have intellect sufficient to explain that this is a false charge.
JOSEPH HUGHES re-examined. There are stools which run full six yards from the shop—she wore the shawl she has on now—she never asked to speak to Mrs. Humphries—she had got quite clear from where the things stood—she was beyond the stall.
GUILTY. Aged 58.— Confined Four Months
WILLIAM HOWSE. I am an apprentice on board the Amphitrite. On the 23rd of Sept., about two o'clock, I was in the forecastle, heard footsteps on deck, went up, saw the prisoner, and asked what he did there—he said,
"Nothing"—he had no business there—I said he had better go ashore, and he went—about a quarter of an hour afterwards I heard a noise in the cabin, I went ashore, and fetched a policeman—we went into the cabin, and found the prisoner sitting there—the policeman asked what he did there—he said he was only having a snooze—he had no business there—the door had been locked—it was burst open—the policeman took the prisoner.
THOMAS CREAK. I am master of the Amphitrite. On the 22nd of Sept., about eight o'clock in the evening, I locked my room-door and the cabin-door, and went ashore—I went on board next morning, and found both doors burst open, and several things strewn about the cabin—they had been moved from my trunk, which was in the state-room, which had been locked—I missed a coat, a pair of drawers, and some flannel shirts—these produced are them—they are mine, and were in my trunk in the state-room.
JOHNSON DOBELL (policeman, K 328.) On the 23rd of Sept., about two o'clock in the morning, I was on duty in High-street, Wapping, and was called to the brig Amphitrite—the cabin was broken open—the prisoner was there with a candle in his hand—I had looked through the glass, and saw him moving things—as soon as I came down, he put the light down and walked into the state-room—I took him on board—he said he was a private watchman in the dock, and was having a snooze—he did not appear to be having a snooze—I took him in charge—in crossing the dock he got away from me, I pursued, and never lost sight of him—he ran down a place which was no thoroughfare—I caught him.
EDWARD WANDERER TOWNSON (police-sergeant.) On the 23rd of Sept., at three o'clock in the morning, the prisoner was brought to King David-lane station, and charged with being on board the barge, with intent to commit felony—I ordered a constable to search him—he made use of very bad expressions, and said the constable should not search him, but I might—I found this coat on his back—he said it was his own—Howse said it was the captain's—I found part of the fastenings of the lock in the cabin—the catch was forced off—I have made inquiry—the prisoner is not a private watchman, he has nothing to do with the Dock.
Prisoner's Defence. I had been drinking with a shipmate; the policeman said I was the man who had been on board the barge.
GUILTY.* Aged 28.— Transported for Seven Years.
HENRY HOWARD. I live at Bushey, in Hertfordshire. On the 2nd Sept., I was in the King's Head, Knightsbridge—the prisoner was there—we were standing at the bar together—there were others there—I was the worse for liquor—I was going to pay for what I had had—I missed four shillings and half-a-crown, which was safe when I went there—I had not been there ten minutes.
Cross-examined by MR. HORRY Q. Did not you draw the lining of your pocket out, and let the prisoner search for your money? A. No—he did not go away.
ELIZABETH NORRIS. I am a servant at the King's Head, Knightsbridge. On the 22nd of Sept., near twelve o'clock at night, I was coming down stairs, and saw the prisoner turning Mr. Howard's pocket out—I did not see any money.
Cross-examined. Q. You saw the pocket out, did not you? A. No, I saw his fingers in the pocket—I took no notice, supposing them to be friends.
WILLIAM LOCKHART (policeman.) I was called to the King's Head about twenty minutes to twelve o'clock—the prisoner was given into my charge—I asked him if he had any money—he said 3 1/2d. was all he had—I searched him, and found three shillings, half-a-crown, and five pence—he said he did not know how he came by it—Howard was the worse for liquor.
Cross-examined. Q. Did not the prisoner look as if he had been drinking? A. Not at all.
GUILTY.— Transported for Seven Years.
OLD COURT.—Tuesday, September 28th, 1847.
Second Jury, before Mr. Recorder.
MR. THOMPSON conducted the Presecution.
JANE REED. I am a widow, and live at No. 7, Church-buildings, Bream's buildings, Chancery-lane—I occupy the whole house—I know the prisoner and his wife. On Monday night, the 12th of Sept., his wife slept with my daughter—on Tuesday morning, near twelve o'clock, the prisoner rushed into my room—no one was there but his wife and myself—he said nothing, but flew to his wife, and was wrestling with her, apparently with his feet—I hallooed out, "Don't do that, Lund; don't use her so;" and, as near as I remember, no more was done till I received a blow with a chair on my arm—I was then standing at the prisoner's right hand, his wife was further to the left—he could not have struck me in striking at her—she tried to make her escape, and got behind him, as the street-door was shut—it had been standing open—I received two more blows at the same time—I called "Murder!" and within a half a minute the court had plenty in it from every door—I was calling out that he had broken my arm—my arm was broken—I also received a blow on my right eye with his fist—it was all discoloured—he held the chair by the back with both hands, and the feet came down on my arm—his wife was not near me when he struck me with his fist in the face—the blow could not have been intended for her.
Cross-examined by MR. O'BRIEN. Q. When he came in, did not he ask you for his wife? A. He never spoke—he saw his wife when he came in—my daughter told me that he had been there on the Monday evening inquiring for his wife, and my daughter said she was not there, for she had just gone to the water-closet—she did not deny that she had been there—the prisoner has not frequently complained to me of his wife getting drunk—he is an engineer working at Mr. Cubitt's I believe—his wife does not bear the character of a drunken woman that I know of, my daughter lives with the same land-lady—she
had not had any drink with me on the Monday evening—I was not in any public-house with her, and had no drink in her company—the prisoner came in while I was at dinner on Monday to inquire for his wife—it was on Monday night that he came, when she was gone to the water-closet—I do not know that Mrs. Lund was the worse for liquor that night—I never saw her the worse for liquor—she lives over Blackiars-bridge—she did not come to me till Monday night, she came there for refuge—I could not see that she had been drinking—I was never above three times in her company—she appeared to be quite sober—she slept with my daughter—when the prisoner came to inquire for her, my daughter did not say she was gone out, and would come back again—she ran after him, but he would not come back—she said, "She was here to-day, but she is not here now"—Mrs. Lund and I had nothing to drink on the Tuesday morning, nor had my daughter and her to my knowledge—my daughter had gone over the water to her sister's, and Mrs. Lund had not been out of the house that morning—she was locked in my room all the morning—I was not between her and the prisoner when he raised the chair—she was not running behind me, she was running from him—I was the nearest to him when he came in, and she ran towards the coal-closet to make her escape—I did not hear the prisoner say a word—I had not known them long.
MR. THOMPSON. Q. On the Tuesday, when this happened, was Mrs. Lund sober or not? A. She was as sober as I am at this moment—I was also sober.
COURT. Q. Had any person taken up the chair before the prisoner struck you with it? A. No, neither of us had used it to him, nor had it in our hands before he took it up.
JEMIMA MASLIN. I am the wife of Wm. Maslin, a lady's shoemaker, in Church-building. On Tuesday morning, the 13th of Sept., I was sitting at work in my mother-in-law's room, at No. 7, and heard screams and cries of murder—I ran down stairs, and saw Mrs. Reed's front room door wide open, and Mrs. Reed standing in the middle of the room, with the prisoner in front of her, and his wife behind Mrs. Reed—the prisoner had his fist clenched towards Mrs. Reed, who was crying for mercy—I did not see the blow struck—Mrs. Reed was holding her arm, and crying "Oh dear, my arm is broken!—her hand was bleeding very much—his wife was standing behind him with her hand up, and while I was looking at Mrs. Reed his wife went out about two yards from him with her hand before her face—he pursued her and took hold of her by the throat—she looked up and said, "Don't hurt me"—he said, "Go home"—she said, "I will if you will let me get my bonnet and shawl"—he would not wait, but drove her on in front of him about four or five yards till they came to two steps which go up into another yard, and as she was getting up those steps he kicked her—there are two folding doors there, and as she was folding them that he should not follow her, she escaped—I did not see her again, till she was in the hospital—I followed him and gave him into custody.
Cross-examined. Q. Have you known Mrs. Lund long? A. I had never seen her or the prisoner before that morning—I was not aware that she was in the house—when I came in Mrs. Reed was not between the prisoner and his wife—Mrs. Reed was in front of him, and his wife behind him.
a cut on her little finger, which was bleeding profusely; her arm was broker at the lower third, above the wrist; she had some bruises on the right side of her face, and her left arm was also bruised—the bruises on the left arm might have been done with the hand—the right arm was swollen from the violence of the blow—I should say a chair used with force would be likely to have done it.
Cross-examined. Q. She seems a very feeble woman? A. Yes—being an elderly woman, the bone would be very brittle—sometimes a slight blow may fracture a bone, it would depend on the position of the arm—the mere dropping of a chair on the arm would not do it—I should conceive from the swelling round it, that some violence was used.
COURT. Q. Would a chair in the hand of a powerful man like prisoner be likely to cause it? A. It is very probable it was done in that way.
WILLIAM DEARLOVE (City policeman, 354) Cross-examined. I took the prisoner into custody—on the way to the station she observed, that when he went into the room his wife was endeavouring to conceal herself in the coal-hole—that a chair he supposed, was thrown at him from behind, that he took the chair in his hand, and swung it away from him, and he supposed in so doing it must have struck Mrs. Reed, it was an accident—I did not see his wife at that time—I saw her within three-quarters of an hour after—she had not been drinking at that time—she had not at all the appearance of a drunkes person—I had never seen her before.
(The prisoner in a long address, stated that his wife had been enticed from her home by the prosecutrix's daughter, and got intoxicated; that he went to take her home, and found a number of bad characters in the court; that the prosecutrix tried to prevent him taking his wife away, and the chair being between them he took it up in a passion to fling it on one side, and in so doing it must have struck her arm.)
JANE REED re-examined. I did not interpose to prevent his coming to his wife—I did nothing to him, but told him not to hurt her—I never touched him—no bad characters live in our court—the chair was not throws at him by anybody.
(The prisoner received a good character.)
GUILTY. of an assault. Aged 34.— Confined One Year, and to enter into his own recognizance in 40l. for Three Years.
MR. BRIARLY conducted the Prosecution.
ELLEN RIDER. I live with John Dible, at 18, Princes-street, Whitechapel-road—the prisoners lived in the same house. On Monday morning, the 16th of Aug., the female prisoner was having words with me concerning the swater. and told me as I was going out that she would give me a mark that would carry me to my grave—I came home with Dible about ten o'clock at night, and as I was going up the stairs to my own room the female prisoner came out of her back room—I had not got up any of the stairs—I was just at the foot of the stairs, just going up—Dible had come from his work—he was just behind me—the male prisoner was in his room along with his wife—I did not see him when she came out—she began to abuse me about the
water—I turned round to speak to her, and Dible told me to go up to my own place, and not to have any words with her, he would leave the place—I immediately turned out of his hands to speak to her, not to have any words with her, I was going up stairs after what Dible said, when I immediately received a blow on the head with a chopper that she had in her hand—I saw it—she had a candle in one hand, and the chopper in the other—it was a little bit of a hatchet with an iron blade—I do not remember whether the candle remained alight, or not, for I was knocked quite senseless, and fell on the foot of the stairs, and cut my mouth—Dible took me up stairs, and I was afterwards taken to the London Hospital—I had my wound dressed and came out the same day—I was an out-patient—I cannot say that I saw the male prisoner at the time I was struck with the hatchet—when Dible came back he was bleeding.
Cross-examined by MR. PAYNE. Q. How long had you lodged in the house? A. Six weeks—Shea is a shoemaker—his wife does nothing for her living—they have five children—Dible is a drover—that is his right name—I do not know that his name is Thomas Attwell, and that he had deserted his wife, and goes by the name of Dible to prevent his being found out—I know his wife very well—her maiden name was Boyce, but Dible is her marriage name—I go by the name of Ryder—I took the room in that name—Dible went by his own name—he did not go by the name of Francis—I cannot say whether the prisoners knew I was not married to Dible—they never asked me—we passed as Mr. and Mrs. Ryder—they did not complain that we quarrelled and got intoxicated, and give us notice—I told the female prisoner that morning when she told me she would give me a mark that I should carry to my grave, that I should go away—they had not given me warning to quit before that—I cannot say in which hand Mary Shea had the chopper—I cannot say what became of the candle—she did not blow it out—I have never said so—it was not after I got up into my own room that I fainted—it was at the foot of the stairs when I received the blow—my forehead was cut by the blow—Dible lifted me up, and carried me into my own room—I do not know whether Mary Shea blew the candle out before she struck me—I have never said that she did so, that I swear—we were in the dark; when she came out of the back room with a lighted candle in one hand, and the chopper in the other—I suppose she blew the candle out when I received the blow—I did not see her blow it out—I have lived with Dible three years—he has left his wife about five years—I did not break open the door of the prisoner's room that evening—Bartholomew Shea did not fetch a policeman to the house—the policeman came past the door, and I was taken to the station—he did not, before this happened, make a complaint against me for breaking open his door, she abused me like a pickpocket when I wanted to go up to my room, and said I should not come in, and stood with her hands on her hips and wanted to fight me, right or wrong—I brought my mother to the house, and she was coming up stairs with me—we did not use threatening language towards the prisoners—Shea did not on that occasion go for a policeman, and when he came back find I had burst open his room door—I did not run away when the policeman was coming—I told him to take me—he did take me—I said I would go, for I had done nothing to be taken for—I was taken to the station—Shea made a complaint against me, and he was told to get a warrant against me, at Worship-street, the next morning—the inspector discharged me—Shea did not charge me with bursting open his door, or anything of the kind—he said he had no charge, for he
did not know what he had brought me there for—he said I had abused them—this was between seven and eight o'clock on the evening in question—I did not see him bring a policeman to the house after that—I did not come back intoxicated with Dible and a strange man.
Q. Did not you or Dible say that the passage was dark, and did not the man that was with you say, "We have knives, and can do it as well in the dark as in the light?" A. It is all false, nothing of the kind was said—there was no strange man with me—there was a man talking to my husband on the other side of the road—he and Dible had not each of them knives—we did not go out after that, and leave the street-door open, then come in, close the door, and go up stairs, nor did Dible burst the door open, and want me to have some more gin—it is all false—Dible and I did not have a scuffle together in our room—we never went up into the room till after this occurred—we did not come down stairs and force out way into the back-room ground-floor, and find there Mrs. Shea and her two daughters, Mary and Margaret, not did we attack them with great violence—they did not cry out "Murder", not did Bartholomew Shea come up and find his eldest daughter in the passage with her eye swollen, and Dible kicking her on the loins—it is all false, on my oath—Shea did not on that, push Dible down the stair—two pilcemen were not fetched to the door by Charles Poole—I saw Charles Poole there at the time, but he was not in the place; he was outside—it is quite false that Dible or I interfered at all with Mrs. Shea and her daughters.
MR. BRIARLY. Q. You swear you were perfectly sober that night? A. Quite—Dible was not, but he was quite sensible, and knew what he was doing—the female prisoner had abused me in the morning, and I left the house because I would not have words with her, and was at my mother's all day—on my oath I never lifted my hand to her.
JOHN DIBLE. I am a drover, and live at No. 18, Price's-street, Whitechapel. On Monday, the 16th of Aug., about ten o'clock at night, I was coming home—I had had two pints of beer—I was going through the passage, and found Ellen Ryder having a few words with Mrs. Shea, concerning water—the prisoners were both standing at the door—as we were going up stairs, I said to Ryder, "Come up stairs, don't talk to the rubbish; I don't mind what they say," when she received a blow—I did not see it struck, for I was going up stairs at the time—she immediately fell down on the stairs, and the male prisoner struck me on the head with some sharp instrument, I do not know what—I did not see any instrument—here is the mark—I became insensible from the blow—I believe they put the light out—as soon as I recovered myself, I conveyed Ryder up stairs the best way I could, and placed her on a chair—I then came down to fetch a policeman—I found out outside the door, and gave the prisoners into custody—I was taken to the hospital, and had my head dressed.
Cross-examined. Q. What is your real name? A. John Dible—I was married to my wife in that name—I never went by the name of Thomas Attwell—I went by the name of Francis, but that was only a nickname—I did not hear anything said by Mrs. Shea before Ryder fell, nor did I see any blow given—as soon as she fell, I received the blow—she was insensible, and so was I for a moment—I did not fall—as soon as I recovered, I took her up stairs—the prisoners had not given us notice to quit—I and Ryder did not force our way into the room where Mrs. Shea and her two daughters were, and beat them that same night—I did not give the eldest a black eye, nor did the male prisoner come up and find me kicking her on the loins—it is quite false—on
my oath I never touched her—I know nothing of Shea having made a complaint about Ryder in the earlier part of the evening—I was not at home till ten o'clock—I do not say that I was quite sober—I might be a little the worse for liquor, but I knew what I was about—I had never had a word with either of the prisoners.
MR. BRIARLY. Q. You made no attack on the prisoners? A. None whatever—about a week or fortnight before this the male prisoner took an open knife, and swore he would rip me up to the backbone, the same as they rip mackerel up.
MR. PAYNE. Q. Did not a stranger to the Sheas come in with you and Ellen Ryder that night, and did not he say, when Ryder said the passage was dark, "We have knives, and can do it as well in the dark as in the light?" A. It is quite false—I had no knife—I did not want Ryder to come and have some more gin—I did not break open the door to get at her, and have a scuffle with her in the room—I swear that I had no words with Ryder that night, nor any scuffle.
COURT. Q. Did any other man come in with you? A. There was a man, but we bid him good night, and he went home before this—nothing was said about knives—I had left home between five and six o'clock in the morning, and did not return till ten o'clock at night—Ellen Ryder went up stairs before me—we were both going up to our own room—she was having words with the prisoners, and I had her round the waist, telling her to go up—she slipped round in my arms to talk to them, and then she received the blow, and fell down insensible.
JEROME GALLAVAN (policeman.) On Monday night, the 16th of Aug., about eleven o'clock, I was in Prince's-street—I found Ryder and Dible at their door bleeding very much—they were suffused with blood, from cuts on the head—I asked who did it, and they said the prisoners—the female prisoner was there, but the male prisoner was not in the house at the time—he came up while I was standing at the door, and I took them both into custody to the station—Ryder was taken to the London Hospital—she was bleeding very much, and they thought it would cause her death—she was weak, and could not stand—I afterwards took Dible to the hospital—I searched for the chopper, but found none—the male prisoner was away when I got there, and had had an opportunity of taking it away, if he were so minded.
Cross-examined. Q. You say they charged the prisoners with having wounded them; what did the prisoners say? A. They denied that they had done it—Bartholomew Shea had applied to me that same evening for assistance, stating that he apprehended violence from them—he did not complain of any act of violence—he said that he had charged Ryder at the station with some insulting act, and the acting-inspector had discharged her, and told him to go and keep quiet, and apply for a warrant next morning—that was what he told me, I know nothing about it myself—I have known the prisoners living there about two years.
JOSEPH NASH. I am a surgeon, at the London Hospital. On Monday night, the 16th of Aug., I saw Ellen Ryder—she was very faint, and bleeding from a wound on the right side of the head—it was an incised wound, and appeared to have been given by some sharp instrument—it was about an inch in length, and extended to the bone, which was about half an inch in depth—I dressed it—I considered it a dangerous wound—all scalp wounds are dangerous—the pericranium was wounded—the membrane that envelopes the bone was severed, and the bone denuded—she did not appear to have been drinking—I
smelt her breath, and could not detect anything—she was very faint from loss of blood—one of the anterior branches of the temporal artery was divided—I attended Dible—he was cut at the back of the head on the left side, that was an incised wound—Ryder had also a cut on her mouth—that was from a fall—it was quite a different sort of hurt.
Cross-examined. Q. I believe all danger has some time since ceased? A. Yes; there is always danger of erysipelas, but it does not always come on—she went on remarkably well.
COURT. Q. If the injury was inflicted by a chopper would it have tended to endanger life? A. Decidedly, that would be the probable consequence.
MR. BRIARLY. Q. Was it a wound from which death might have resulted? A. If erysepelas had followed, of which there was danger—if a wound is ever so superficial on that part, it may bring on erysepelas—I have seen very bad cases from very slight wounds to the scalp.
Witness for the Defence.
MARY SHEA. I am the prisoner's daughter, and am fourteen years old. On Monday. the 16th of Aug., between eleven and twelve o'clock at night, Ellen Ryder, Dible and another man, came to take my father's life—I and my mother were in the back room dressing a young man's bed—the door was open—Dible came into the passage and called my mother a swine-looking b——as he expressed the words he went up stairs, and he and Ryder had a great wrestle up stairs—they were fighting with one another—I heard the noise—I went out into the yard to get a kettle of water, as I generally do over night, ready for breakfast, and my mother laughed at me—I was at the yard door going towards the water-butt, the yard door and the back-room door are close together, and the back window was open—Ellen Ryder heard my mother laugh, and rushed down stairs—she had a candle and candlestick in her hand, the candle was alight—she threw the candle and candlestick at my mother—I was t the back-room door, and she was in the passage at the bottom of the stairs against the room door—I went to go into the front room to fetch the baby, who was crying, and as I came out of the back room Ellen Ryder gave me a blow with her fist in the right eye, and nearly knocked my eye into my head—I went before the Magistrate next day and showed the blow—I have been blistered for it since—Dible was on the stairs, and as Ryder gave me the blow, he caught me and kicked me in the back—I fell down stunned from the blow, and he kicked me severely in the back—I have been for three weeks not able to sit down—my father came out and ran for a policeman, and in my father's absence Ryder and Dible ran up stairs—they had another great wrestle up stairs, and came down all in gores of blood—the blood from Ryder came from her head—they then went and gave my mother and father in charge to Gallavan, the policeman—he was at the door when my father came back—the cries of "Murder" from me and my mother brought him to the door—we five children cried "Murder"—my father and mother, who had done nothing, were taken to the station, and they have sworn that they did it with a chopper.
MR. BRIARLY. Q. Are you the eldest of the children? A. Yes—two of them lie dead now—my father and mother are from Ireland—Ellen Ryder has taken her oath that my mother stuck her with a knife—I do not know the cause of the beginning of the words.
Q. Can you tell me the story again? A. Yes—Mr. Dible, as he came in, saw my mother in the back-room, and called her a swine-looking b— —they
then went up stairs, and he had a row with Ellen Ryder, they had a great wrestle between them, then they came down stairs, and began at my mother, and she threw the candle and candlestick at my mother—I went into the yard to fill the tea-kettle, my mother laughed at me about something, I do not remember what it was, Ellen Ryder heard my mother laugh, and came down stairs, and threw the candle and candlestick at her—then Dible came down—I came out into the passage to go into the front-room, to take the baby, who was crying, and she took me with a blow of the fist in the eye, and nearly knocked my eye into my head, and Dible kicked me severely in the back—my father went out for a policeman, and in my father's absence they went up into their own room, and had another fight—they came down all in gores of blood the second time, and gave my father and mother in charge, and swore they had beaten them with the chopper—I know Poole—he is outside—he was gone for the policeman before my father went.
COURT. Q. What time was this? A. Between eleven and twelve o'clock—I always had to sit up very late, for I was always at work for my father.
JEROME GALLAVAN re-examined. I was called to the house by Poole—I did not hear the cries of "Murder" from the children—when I got there I did not hear them crying out—there was another policeman, named Baker, there—he is not here—the girl was sworn before the Magistrate, and stated the same that she has done now—I had been desired by Shea to watch his house—I had been watching it, but heard no cries or "Murder"—the moment I received information, I went to the house—the childe did not make this statement to me then—I saw her there—she did not complain of anything then—she did at the police-court next day—it was about eleven o'clock when I went to the house—I was not close to the door when this occurred—I was about eighty yards off when I was fetched by Poole.
CHRLES POOLE. I am a shoemaker; I now live in Pleasant-row; I did live at Mr. Shea's—I was present at the time of this disturbance—I came in at half-past ten o'clock on Monday night, and went into the front room—Mr. and Mrs. Shea were there—Mrs. Shea went out of the front room into the back room, to make my bed, and Ellen Ryder was in the passage at my room door, abusing Mrs. Shea—I do not recollect the words—I went out of the front room with a candle in my hand, and saw the back room door closed, with Mr. and Mrs. Shea inside—I then saw Ryder and Dible knocking and kicking at the back-room door, endeavouring to make their entrance into Mr. and Mrs. Shea—I heard Mr. Shea cry "Murder! for God's sake, Charley (meaning me), fetch the police"—the children, Mary and Margaret, were in the passage—they were doing nothing but crying—I do not know whether they hallooed—they had been in the front room with me for about three minutes, and they went out with me into the passage—they were in the front room when I first came in, and when I went out into the passage they followed me—to the best of my recollection the baby was in bed in the front room that is the room they generally live in—I went out and fetched the police—when I came back, the disturbance was ended—I do not know by what means—I saw no blow struck—Mr. Shea was given into custody by Dible—I do not know that anybody else was given into custody—Dible and Ryder were not at all peaceable persons—they had been there nearly a fortnight, and there was scarcely a night in the week but Dible
came in beastly drunk, and abused them without provocation—they were not peaceable toward each other; they used to fight up stairs—I had heard them fighting about three days before this occurred, while I was in bed—I did not see them, nor see any business afterwards—I did not hear them fighting on this night.
MR. BRIARIY. Q. Had the prisoners any wounds or business on them? A. I saw none—I saw blood on the prosecutrix, but saw nothing to account for it—I had a light in my hand when I left them knocking at the door—I saw no wounds on Dible or Ryder then—I was absent about five minutes when I went for the policeman.
MARGARET SHEA. I was at home on the Monday night, between nine and ten o'clock—I was in the front room, where my father and mother lived—Charles Poole lived in the back room—Dible was out, about his business—Ryder was up in her own room all day—about five o'clock in the evening her mother was passing, and she went and dragged her mother by great force to the door, and asked my mother what she had got to say to her mother—she said she had nothing at all to say to a woman she did not know—her mother answered, "No, my dear, I know you have nothing to say to me, for my daughter is a bad woman, my dear; you go in and shut the door, and don't talk to her"—my mother came in and locked the door—Ryder put her back to it, and burst it in, and broke the lock—this was at five o'clock—my father went to the door—Ryder hit him a slap in the face, he never resented it—he went into Whitechapel-road, got a policeman, and he, my father and mother, and Mrs. Ryder went to the station—she afterwards came back from the station—Dible came home about seven o'clock—(my father was out of the way then—my mother and the children were in the front room)—she said to him, "Oh, John, I was locked up for about five minutes, but they could not keep me any longer"—and then he brought one of his fellow drovers to assault my father—they went out into the passage—Mrs. Ryder said, "John don't go to out there, for it is dark"—"Never mind," said the other man, "I know the b----y dodge," and they went up stairs—my father was then at his landlord's—they came down again, and hurrahed and danced up stairs; we thought they would have the house down upon us—they said to my mother, "We are not frightened, we have got plenty of knives"—they then called to one another to come out and have a drop of gin—they went to a police-house, and my mother was frightened that they would follow my father, and do something to him—they went in the direction where he was—my mother put on her bonnet and shawl, and went to look for my father, and the men went hurrahing and crying out for my father in the street and saying, if they had him, what they would not do to him—when they came back again they seemed as if they had been drinking—my father and mother came home in about half an hour, and my father spoke to the policeman, and told him to have an eye to his house, and he said he would be in the way every five minutes—my father locked his door and sat down to work—Mr. Poole came in, and my father told him what had happened in the evening—my mother went into the back room to make his bed, and Mrs. and Mrs. Dible came in drunk—they went up stairs and came down again, burst the street door open, and came hurrahing through the passage, and kicking and dancing about—they then went up stairs and had a great row between themselves—I did not see them, but I heard them pulling themselves about—as my mother went back to dress the bed came down stairs—Dible called my mother a swine-looking b----, and then Mrs. Dible came and burst the
door open—she had a candle and candlestick in her hand, and threw it at my mother, but it did not touch her, it went on to the bed—my sister and I were in the back room along with my mother, and my father was in the front room at his work, and Poole with him—my mother then shut the back door—they burst it open, and Mr. Dible dragged my mother out between them both to the bottom of the stairs by the head, and beat her—my sister was in the back room with me—my father then came out, pushed us all into the back room, and shut the door—they kicked and knocked at it, and my father and all of us were crying out "Murder"—there was a bolt to the door, and I bolted it—my father was in along with us, and my mother also—my father had dragged her away from them into the back room where we were—Mrs. Dible then went into the yard, and tried to lift the window to strike my mother, only there was a gimlet at the top which kept it closed—the baby and two other children were in bed in the front room—my sister said, "Mother, let me out, for the baby will fall out and get killed," and as my sister pushed out, I saw Mrs. Dible gave her a blow in the left eye—my father begged of Mr. Poole for God's sake to go for a policeman—I was then in the back room, and my sister was in the front room, looking after the children that were in bed—Poole had remained in the front room—he did not come out till he went and got a policeman—I do not know what the parties were doing there, for I was locked in the back room—I have been in the workhouse since my father and mother have been in prison—my little brother and sister have since died in the workhouse—they were not ill before they went in—one of them died of a fever, I do not know what was the matter with the other—the young baby was in Whitechapel work-house, and we were in Spitalfields—no one has told me what to say—I have been telling truly what I saw and heard.
COURT. Q. Did you tell any attorney what you had to prove? did any gentleman come to you know what you could say? A. No, Nobody—I have never been examined by anybody, either in private or public—they did not know till I came here what I could say.
(William Weatherfield, the prisoners' landlord, of No. 47, St. Peter-street, Hackney-road, deposed to their good character.)
BARTHOLOMEW SHEA— GUILTY. Aged 46.— Confined One Year , and to enter into his own recognizance in 40l., and two sureties in 20l. each, for the three years.
MARY SHEA— GUILTY Aged 38. Judgment respited. .
(There was another indictment against the prisoners for a felonious assault on Dible.)
2193. JAMES CASEY was indicted for feloniously cutting and wounding Charles Wrench on the neck and throat, with intent to murder him:—2nd COUNT, stating his intent to be do him some grievous bodily harm.
MR. RYLAND conducted the prosecution.
CHARLES WRENCH. I am an inmate of St. Giles's workhouse. The prisoner was also an inmate there. On the 26th of Aug., about half-past seven o'clock in the evening, I was in the yard of the workhouse, talking with some other inmates—the prisoner was near me—he left, and then came back again shortly, caught hold of the back part of my head by the hair and shook me—I had not said anything to him—I went a little way further on in the yard, and he came back again with a knife, came behind me, put his arm round my head, and drew the knife across my throat—he then walked away—I
did not see the knife in his hand—I had seen him with it in the afternoon—my throat was cut all along—(showing the mark)—it bled—I ran up the yard after him, and in the middle of the yard, against the boy's school, some persons had got hold of him.
Q. Had any fault been found with the prisoner at any time for not being clean? A. He was not clean when he came into the house—he was blamed for that, and I was ordered to bathe him—I and another one bathed him—he did not like that, and said he would serve me out—we took him to the bath and threw him in—he would not go in, and we made him—that was only once—I had not done anything to annoy or affront him before that—he has some-times said he would not to go to his meals, when I have been sent to take him, and I have sometimes carried him down—he did not like that, and resisted.
Cross-examined by MR. PARRY. (The prisoner had no counsel, but Mr. Parry watched the case for him at the suggestion of the court.) Q. When had you carried him down before this occurred?, A. I have taken him down several times—I had not always to do so—sometimes I would leave him in the yard—a man named Harvey helped me to carry him sometimes, and sometimes I carried him myself, under my arm, like a bundle—I have been in the workhouse nearly twelve months—I do not know how long the prisoner has been there—I had carried him down to his breakfast on the morning in question—this occurred between seven and eight o'clock in the evening, in the ward—he came upon me suddenly, without saying anything to me—there were no knives lying on the table at the time—we had had our tea, and I put the knives into the table-drawer—I can read and write.
Prisoner. He was continually beating me and knocking me about. Witness. I never knocked him about—sometimes he resisted being carried down stairs, and then we had a sort of struggle—I used to make him come—we had to undress him to put him into the bath.
MR. RYLAND. Q. When you brought him down to his dinner, or to the bath, did you do that of your own accord, or did anybody order you to do it! A. The foreman of the ward, Mr. Bachelor—whenever I meddled with the prisoner it was by his order.
THOMAS WILLIAMS. I was in St. Giles's workhouse on Friday evening, the 26th of Aug.—there were a lot of us down in the yard—Wrench and the prisoner were among us—we were standing together talking on marine and naval affairs—the prisoner joined in the company, and asked for a light to light his pipe—he was given one, and he smoked his pipe for about ten minutes—he then left the company, and went a short distance away—he turned back again, and seized hold of Wrench by the hair of his head with his right hand, and drew the knife which he had in his left hand across Wrench's throat—it cut through his neck-handkerchief—Wrench exclaimed, "He has cut me!"—he bled very much—the prisoner ran away as soon as he had done it—I ran after the prisoner, threw him down, took the knife out of his hand, and held him till I got further assistance—we placed him on a seat—he was secured, and strapped down—he was very violent—several of us were obliged to hold him—this is the knife(produced)—it is the one the prisoner ate his supper with that evening—I had seen him with it before that evening, eating his victuals—when Mr. Bachelor has asked the prisoner to come down to his supper and he has refused to come, I have seen Wrench take hold of him, and carry him down stairs—I never saw him ill-use him in any way.
Cross-examined. Q. Used you to help to carry him down at all? A. No,
I had no occasion, Wrench was able to do it himself—there was no other man that used to help that I knew of—there are about eight steps to come down, only one flight—when persons come into the workhouse they have a bath, and when they are rather dirty—I last saw him with the knife in his hand before he cut Wrench's throat, when he was eating his Victuals, about five o'clock.
COURT. Q. Do the people give up their knives when they have done their supper generally, or are they allowed to retain them? A. No, they are not allowed to retain them—this knife must have been put into his pocket on the sly.
MR. PARRY. Q. Have you never done such a thing? A. No, I never had occasion for it, because I did not want to cut anybody's throat—I have been in the workhouse two months—I am subject to fits, or I should not have been there so long—I have got a good trade, and am willing to work.
JAMES SMITH. I was living in St. Giles's Workhouse—on Friday evening, the 26th of Aug., a lot of us were in the yard, talking of seafaring matters—Casey was one and Wrench—the prisoner entered into the discourse—some of us were talking about what the sailors received on board a ship for being intoxicated while out at sea—the prisoner said he had been on board a vessel, I forget the name, and had received 150 lashes—I saw him smoking for about a quarter of an hour—he then put his pipe in his pocket, and walked away—he came back again after that—I saw nothing in his hand—he came round to the prosecutor, and I saw them struggling—Wrench said, "Look here!"—I looked and said, "Good God, he has cut his throat!"—I did not see his throat, but I saw blood coming from it—the prisoner ran away up the yard—he was pursued and taken hold of—I went into my ward.
Cross-examined. Q. Have you ever seen any of the men jeering at him, or ill-treating him in any way? A. Never.
WILLIAM LEWIS DUDLEY. I am surgeon to St. Giles's Workhouse. On the evening of the 20th of Aug., Wrench was brought to me—I examined him and found a large wound in his throat and neck between five and six inches long, and about half or three-quarters of an inch deep—the smaller vessels were divided, the larger ones escaped—there had been a good deal of hemorrhage I believe before I saw it—I dressed it and he was doing well in the course of a few days—I know the prisoner—I had seen him the same morning—he addressed me as I was going round the wards, saying he wished to speak to me—he said he suspected he had the disease—I ordered him to be brought over, and found such was not the case—there was not the slightest foundation for any such opinion—I have seen him two or three times since he has been in the workhouse—I had noticed that same morning, and I think once before—I considered that his manner was singular.
Q. Had you noticed him enough to form an opinion whether his mind was at all unsound? A. I spoke to him only a few words—he did not answer me at all—he appeared surly and morose in his manners—that was before this occurrence.
Cross-examined. Q. How long have you been surgeon to the workhouse? A. About nine months—I do not think he has been there all that time—my duty is not to attend at the house, but out of it; but the gentleman who attends in the workhouse was then out of town, and I was attending for him—I had very little opportunity of seeing the prisoner—from what I did see of him I thought his manner was singular—he appeared very singular on that morning—there did not appear to be the slightest foundation for the disease—I was struck with the oddness of his complaining of a disease for which there
was not the slightest foundation—he appeared to be odd in his manner—his eye was strange—there is no stronger indication of insanity than the eye—I noticed that appearance about him that I asked two of the men to come and be present with me while I examined—I was fearful of being with him alone—I imagined that he was in such a state he might commit an act of violence—that was the morning this took place—from what I have understood from the medical man, he was brought into the workhouse in a state of delirium tremens, brought on by furious drinking—delirium tremens is a species of insanity while it lasts—the mind of a person suffering from it is almost always unhinged—it is a kind of fever of the brain—I should say the brain was in a state of depression in the intervals between the attacks—that would not create unconsciousness, or prevent the proper operation of the mental faculties—I imagine the partly would be cool and collected during the intervals—he was quite calm in his manner when I saw him on the morning in question.
WILLIAM RODGERS. I am the governor of the workhouse—the prisoner came there on the 18th of August—he then seemed to be in good health, and quite in a sane state of mind—he was rather eccentric in his manner—I saw him the day this happened, and spoke to him—he appeared no worse that day than I had seen him on the previous days—he was rather of a morose, reserved, and sullen disposition—he did not seem to join with the other people—there was no appearance of violence that day—he complained to me about the state of his body as the surgeon had described, and I described the the surgeon to examine him—I know Wrench—I was not aware of his occasionally bringing the prisoner down when he would not bathe or come to his meals—Bachelor is the orderly man of the word—he would not have authority to direct Welch to bring him down—he would have authority to ask any of the men in the ward to assist him—I do not know of Welch having ill-used the prisoner in any way—I have inquired since, but have not learnt that he has—this knife is a worn-out old knife, which I believe did belong to the word—they are not allowed to keep possession of their knives after they have done their meals—if the prisoner did so, it was contrary to the rules of the house.
COURT. Q. Would a person supposed to be affected by that complaint have had any increased allowance, different treatment, or anything of that kind? A. The medical gentleman would treat them according to the disease and the state of it—I do not know that the diet would be rather lower and worse than the ordinary diet—the prisoner was treated the same as an able-bodied pauper—if he had imposed on the surgeon the belief that he was affected by this complaint, no doubt he would have been put into a different ward, or into infirmary, and not be put to any work.
Cross-examined. Q. Do you know of his being attacked with delirium tremens? A. No, I was not aware that he came in under those circumstances—the other medical officer may have informed the last witness and not noticed anything particularly that denoted insanity—I do not recollect that he complained to me on the morning in question—the surgeon did not apply to me for two men—Bachelor is a pauper, the same as the others—he was appointed head of that ward, with regard to keeping everything clean—we never allow one or two men to be carrying another about the premises that I am aware of—it would be contrary to my wishes and to the regulations—it would be a degradation and ill-treatment to the party carried—I never would
allow it, if they did so, it was without my knowledge, and contrary to my express wishes.
COURT. Q. What would you have done with a morose person who would not take his meals? A. I would have asked him his reason, and supposing he gave none, he must leave it alone—it would be my duty to inform the medical officer—they ought not to take the law into their own hands—they should inform me and I should treat him as a man not conforming to the rules—if I found a man not taking his meals, day after day, I should certaintly consider it an indication of insanity—I should not allow other persons to carry him about, it would give rise to great deal of bickering and so on between them—the men in that ward are principally men subject to fits—the prisoner was in that ward—he was not subject to fits—there are several there that are not subject to fits—I cannot say that the surgeon did not put him there because he was subject to delirium tremens—I am not aware that he did so.
Q. Was there anything in his conduct to lead you to suppose that he was not capable of distinguishing between right and wrong? A. No; nothing.
JOHN HENRY LOWE (police-sergeant, F 7.) On Friday, the 27th of Aug., I went to St. Giles's workhouse and took the prisoner into custody—somebody told him the charge in my hearing, he was very silent and reserved—whilst we were waiting for the master of the workhouse, he remarked that we were a lot of devils come to take him to hell—white we were in waiting at the police-court he appeared conscious of the position in which he was placed, and repeatedly remarked, "O dear, what will become of me?"—I was present when he was examined before Mr. Jardine—he said something there which was taken down in writing and read over to him—Mr. Jardine signed it—I believe this writing (looking at the depositions) to be his (read—the prisoner says, "I came into the workhouse soon after Easter, out of my mind; I got better soon afterwards; a great deal of what they have said is untrue; they have ill-used me and taken my book from me.")
WILLIAM RODGERS re-examined. I knew nothing about a book, he never complained to me about one—the ward in which he was, is not altogether a sick ward, it is a ward for healthy people subject to fits, but at the same time their health may not be impared—there were some who were not subject to fits, and some who were, mingled together—it is necessary that persons who are subject to fits should not be left alone—the prisoner was not put there for the purpose of taking care of the others.
JOHN HENRY LOWE re-examined. I saw the prisoner strapped down secured in a kind of cot—he was strapped to it—I do not know how many straps were round him—he did not appear labouring under great excitement, rather under depression and reserved—he said, "You are a lot of devils come to take me to hell.
COURT. Q. Were you in your uniform? A. Yes—the others were paupers—there was another policeman in waiting.
MR. DUDLEY re-examined. Wrench was a fortnight under my care before he was thoroughly healed—he will not suffer from the wound in the least, it has healed like an ordinary cut.
GUILTY on the 2nd Count. Aged 33.— Confined Eighteen Months.
NEW COURT.—Tuesday, September 28th, 1847.
PRESENT—Mr. Alderman MOON and Mr. COMMON SERJEANT. Sixth Jury, before Mr. Common Serjeant.
2194. WILLAM BARNETT, THOMAS RUSH , and JOHN RUSH , were indicted for breaking and entering the dwelling-house of Frederick John Wood, at St. George's in the East, and stealing there in 36 rings, value 7l. 10s.; his goods.
MESSERS. O'BRIEN and ROBINSON conducted the Prosecution.
HENRY REED. I am in the service of Frederick John Wood, a pawn-broker, No. 90, St. George's-street, in ht parish of St. George in the East—it is his dwelling-house—he lives in it. On the 2nd of Sept. the prisoners Barnett and Thomas Rush were looking in at our window—there were rings, watches, and other things in it—they went away, returned, and stood in the same place they had done before—they then went past the door—they came again, and I saw them go away the third time—I then ran down to the bottom of the shop, and saw that a card of rings was gone from the window—I went to the door, looked towards Ratcliff-highway, and then looked towards Shadwell, and saw Barnett—I caught hold him, and brought him back to the shop—I told him on what account I brought him back—he said, "Me! me! you are mistaken"—I have no doubt that he and Thomas Rush are the persons I saw at the window—a small corner of the pane of this wisdow was cracked previously, but after the rings were gone it was broken away—there was a large piece out—a lad brought in two rings immediately afterwards—I had observed the window shortly before I saw the prisoner there—it was then quite safe.
CHARLES ROSSIER. I am in the employ of Mr. Wood. On the 2nd of Sept. I saw Barnett and Thomas Rush standing opposite our window, outside, close to it, at the place where the rings were inside—the window was not broken then.
ANN KING. I am the wife of Thomas King, and live in St. George's-street opposite Mr. Wood's. On the 2nd of Sept. I saw Barnett and Thomas Rush close by Mr. Wood's window—Barnett appeared to me to be writing on a pane of glass—they both turned round, and looked both ways in the street—Barnett turned round; after that, he bent himself down, and appeared to put his hand into the window—he took out something in his hand from the wisdown, and gave it to Thomas Rush, who crossed the road, and I lost sight of him—Barnett passed on towards Francis-street, and as he was coming back Mr. Reed caught him, and took him into the shop—I saw two or three little things drops from Barnett's hand on the pavement, as he took his hand from the window—I could not see what they were
Cross-examined by MR. CHARNOCK. Q. Where were you? A. Sitting at my window, opposite Mr. Wood's nursing my baby—it was between one and two o'clock—when I saw them take something and go away, I went to run down to tell Mr. Wood. but before I could get the baby out of my arms Mr. Reed had taken Barnett into the shop—the street may be twenty or thirty yards wide—it was as I looked out accidentally that I saw the prisoners—I did not expect to see them—I saw their backs in the first instance—when they turned round I saw their faces—they went away as fast as they could,
and then I gave an alarm—my husband is a policeman, and has been so twelve months—he was not at home—I do my work in the house, and nurse my baby—I never was a witness before—I saw Barnett and Thomas Rush for nearly an hour—the baby was lying in my lap—I am not mistaken in the prisoner's person.
MR. ROBINSON. Q. Do you know John Rush? A. When I first saw them they were all three together, coming up the Highway—when Barnett and Thomas Rush went to Mr. Wood's window they left John Rush close to Mr. Playfair's shop, which is three doors from Mr. Wood's and when he was standing there he looked round—when Barnett was writing, John Rush crossed the road, and I lost sight of him—I saw him again at the umbrella shop—that was about two o'clock, about a quarter of an hour after I saw the writing on the window—I am sure they all came up together.
Cross-examined by MR. BALLANTINE. Q. What time did you see the three come up together? A. About one o'clock, I cannot tell exactly, I have no clock—I dine at different times—I did not dine at all that day, as I was called away to go to the station—I should have dined about half-past one if I had not been called out—I think it was about one when I saw the three prisoners—I had never seen John Rush before—he was not pointed out to me by the police—he was not in custody at the time I went first—they came after me at night, and told me they had got the other one—I went to the station with the policeman—they asked me to look round—Mr. Sharle was there, and the policeman, I did not think they were the other prisoners.
Cross-examined by MR. CHARNOCK. Q. Where was Thomas Rush taken? A. At Arbour-square—he came to the station—I am not aware that he came in—he was looking in at a shop window—Mr. Wood's is half-a-mile from the station.
GEORGE SHARLE. I live opposite Mr. Wood's. On the 2nd of Sept. I saw the three prisoners walking about for full an hour before they were taken into custody—I have no doubt about them—I can swear to them all—I watched their manœuvres for some time—they were walking to and from the prosecutor's shop, sometimes one way and sometimes the other—I noticed a man with a watch and chain, and Barnett and Thomas Rush went up and closed round him—there was a crowd collected, and they went into the crowd with him, and pushed against him very much—John Rush went about four doors off, and hid himself in the doorway of the Bull's Head—the others came up to him—I did not see them do anything more till I saw Thomas Rush running towards Shadwell church, tucking something under his waistcoat.
Cross-examined by MR. CHARNOCK. Q. Were you before the Magistrate? A. Yes, on the apprehension of John Rush—Thomas Rush and Barnett were not there then—I was not present on the first examination, I was at Graves-end—I knew Barnett's face before—I dare say I might have seen him once or twice—I cannot say where, but his countenance was familiar to me—the way I came to be a witness was, I was speaking to Mr. Wood within two minutes after the robbery—I had never seen Thomas Rush before that day—I have not seen him again till now—I can speak to him with certainty, because I stood watching them.
JOHNSON DOBELL re-examined. I took Thomas Rush in Arbour-square—his brother, John Rush, was with him, in conversation—my brother officer and I afterwards went to Thomas Rush's house—we knocked—John Rush
opened the door—we told him we took him on suspicion of a robbery at High-street, Shadwell—he said he had not been in High-street, Shadwell, for years.
CHARLES POTTER (policeman.) I went with Dobell to take John Rush into custody—I told him I took him on suspicion of robbing Mr. Wood, in High-street, Shadwell, of thirty-six rings—he said he had not been there for some years—he said he had been at work all day—I said, "Where?"—be then said work was very bad, and he was walking round the City.
MR. CHARNOCK called
MARGARET OLDING. I am the wife of William Olding, a florist, in the City-road—John Rush was in his service for about fifteen months—he has been a very honest, upright man. On the 2nd of Sept. he left me about twelve o'clock—he was dressed, as far as I can remember, the same as he is now—I did not see him again that day—we should be glad to take him again—I do not know Barnett or Thomas Rush.
JOHN GLADMAN. I keep a beer-shop, in Holywell-lane, Shoreditch—I have known Thomas Rush about four months, since I have kept the houses, by his coming occasionally to have a pint of beer—I have known John Rush rather less time. On the 2nd of Sept. Thomas Rush came to my house, about half-past twelve o'clock, and John Rush came about one—they staid till about half-past two—about ten minutes before two, John Rush went out, to fetch some tripe for their dinner—he was gone six or seven minutes—he returned, and brought the tripe for us to cook for dinner—I am not aware that any message was brought for them while they were there—they left about half-past two or a quarter before three—I did not see them leave, but I saw them at the bar as late as half-past two—I heard in the evening of Barnett and Thomas Rush being taken into custody—I did not hear of Jobs Rush being taken till the following morning—a person named Lowe came into my house, and was there while both the Rush's were there.
Mr. ROBINSON. Q. Did you go to the police-office? A. No—I remember it was half-past twelve when Thomas Rush came, because I was cooking dinner for the workmen who come in—I was in the tap-room—the workmen come at twelve o'clock to their dinner, and generally leave about one—I was talking to the prisoners part of the time—Turner and Williams were there the whole time the prisoners were, with the exception of Turner, who left at two o'clock—he is a shoemaker—he comes in mostly at twelve o'clock to dine—he does not generally leave at one—he is not compelled to leave—I do not recollect any one else who was there—there must have been a dozen—the greater part of them might be persons I do not see every day, perhaps they only come to do a job—Turner and Williams are regular visitors—I had one other regular visitor, but he left soon after Rush came in—I was not cooking the whole time—my cooking was done at perhaps a quarter before one—the rest of the time I was attending at the bar—John Rush is at my house perhaps three or four times a week—the prisoner stopped perhaps three quarter of an hour before they fetched the tripe—I partly cooked it, and John Rush partly—he undertook to put the tripe into the pan, and when it wanted turing I said, "You had better turn the tripe"—Thomas Rush was sitting in the tap-room, with the exception of one part of the time, when my wife called him and gave him a pair of my children's shoes to mend—with the exception of that time, he was sitting there, talking to Turner and Williams—Lowe was there, and he is here to-day—Lowe came there, it might be at twelve o'clock—he was there at the time the Rush's were there, but I cannot say the time he
came in—he went away, I believe, about two o'clock, or a little after—he had only to go opposite to his door—he did not go away at three—he went from two till a quarter after two—he was doing as he mostly does, being an opposite neighbour, he comes in and calls for his half-pint with his lunch—he has no general time.
COURT. Q. What did he do that day? A. He called for half-a-pint of beer, drank it at the bar, and then walked into the tap-room and sat down—I cannot state exactly where he sat—he was in conversation—I cannot say whether he was sitting with the prisoners—people in the tap-room cannot sit apart, the room is small—I cannot tell whether he talked to the prisoners—he did not dine in my house that day—I do not know Barnett—I cannot say whether he has ever been at my house.
JOHN LOWE. I live at 53, Holywell-lane, and am a hair-dresser. I live nearly opposite Mr. Gladman—I recollect quite well being in his house on Thursday, the 2nd of Sept.—John and Thomas Rush were there—I went there about twelve o'clock, and did not come away till twenty minutes past two—Thomas Rush came in about twelve o'clock, and John Rush about one o'clock, and I left them there—I did not have any dinner—I had one pint to drink—John Rush went out for five or six or seven minutes, and came back with some tripe in his hand—he was not gone long enough to have gone to Ratcliff-highway, I should think—they asked the landlord for the frying-pan and put the tripe on—I saw them eat—Turner is her—he was there at the time—I have known John Rush ten or eleven weeks, by seeing him pass in and out—I have known Thomas Rush about fourteen months—he is a shoe-maker
MR. ROBINSON. Q. Did you have your pin of beer? A. Yes; Gladman brought it me out of the bar into the tap-room—I was not at the police office—I was not asked to go there—I do not know what John Rush was doing the whole time—he was sitting and talking, except when he went out for the tripe—he did not move, but just to eat his tripe—I do not know who cooked it.
COURT. Q. You frequent this house, does Barnett frequent it? A. I have seen him there with the Rush's occasionally.
JAMES TURNER. I am a shoemaker, and live in Friar's-ground. I know Gladman's beer house in Holywell-street—I went there on Thursday, the 2nd of Sept. at twelve o'clock, to have my dinner—I left a few minutes before two o'clock—while I was there I saw John and Thomas Rush—I recollect their coming in—they were there when I left—I did not see John Rush go out—Lowe was there part of the time.
MR. ROBINSON. Q. What time did Lowe leave? A. I cannot exactly say—there is no clock—he left before I did, but he came in again—I cannot say how long he was away—I did not exactly notice the time—I know it was two o'clock when I left; it was a few minutes after two by the rail-road clock, in Shoreditch, when I wasgoing along about my business—I know Ratcliff-highway—I do not know where John Rush lives—I was having my dinner and drinking two pints of beer—Lowe was drinking porter some part of the time, and some part he was smoking—I did not notice anything else he was doing—I was not looking at him the whole while—I was looking at different persons.
COURT Q. What were the prisoner doing? A. Drinking part of the time—I work for Mr. Goodchild—I know John and Thomas Rush by sight in the house—I do not know Barnett by sight—I never saw him in the house
that I exactly noticed—I cannot say whether I have seen him with the Rush's—I cannot say that I have seen him at the house, or that I have not.
(John Rush received a good character.)
†BARNETT— GUILTY. Aged 23.— Transported for Ten Years.
THOMAS RUSH— GUILTY. Aged 29.— Confined One Year
JOHN RUSH— GUILTY. Aged 21.— Confined Six Months.
2195. GOTTLIEB LINSENMEYER and JACOB BECKER were indicted for stealing. at St. George's in the East, 1 watch, value 1l.; 1 guard-chain, 5l.; 1 bag, 1s. 6d.; 65 five-franc pieces, 12l. 9s. 2d.; and 6 pieces of foreign coin, 1s. 6d.; the property of Henry Muller, in his dwelling-house.
(The prisoners being foreigners had the evidence explained to them by an interpreter.)
HENRY MULLER. I live in Boston-street, it is my dwelling-house. Linses-meyer lodged with me, and Becker was in the habit of coming to see him—he had formerly lodged with me—on the 14th of Sept. I went out about five o'clock, leaving my house all safe—my housekeeper and the prisoner were down stairs—I was fetched out of a public house about six o'clock—I found the locks of the boxes in my bed-room had been broken open, and my watch, guard-chain, and bag gone, and 65 five franc pieces and some dollars, which were in a box the other things had been on the mantel-piece—this is my watch, and chain, and bag.
WILLIAM CHARLES POTTER (policeman, K 212.) I received information and went to the Union Jack, in St. George's-street, on Wednesday morning, the 15th of Sept.—I found there a five-franc piece—I went to No. 17, King-street, St. George's—I got a five-franc piece there from Jane Swan—I then went to the model lodging-house, and found fifty-five five franc pieces, a watch, and a gold chain in a bag, stowed away in some hops—I apprehended Linsenmeyer—I told him I had received a five-franc piece from Jane Swan, where he had been sleeping the night before—he said all the he had was two shillings, and he gave her one.
Linsenmeyer. I do not known whether I did, I was in liquor.
Becker. I received it from Linsenmeyer.
JOSHUA HARRIS. I opened the model lodging-house—Becker being destitute, I allowed him to be there seven weeks for nothing—he could go up into the room where the money was found—it was where we empty the beds of the hops—I have repeatedly seen Linsenmeyer there with Becker.
Becker's Defence. I know nothing about it; I am innocent LINSENMEYER GUILTY.—Aged 22.
BECKER GUILTY.—Aged 24.
Confined Four Months.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
I produce a marriage certificate—I examined it with the parish register of marriages in that church—it is a correct copy—I was present at the marriage—(read—"Daniel Sinclair and Ann Warwick were married by banns on the 28th of Oct., 1830, by James Taylor, in presence of Margaret Wood and Edward Elliott")—the prisoner is the man here mentioned—I know Ann Warwick—she was alive last Saturday.
Cross-examined by MR. PRENDERGAST. Q. She was not only alive, but rather lively was she not? A. I do not know anything about that—I do not know whether she had had a child or two—I do not know whether she has lived with somebody—I do not know what name she goes by—I found her out by inquiring for Ann Warwick—I think she does not go by the name of Sinclair—I saw one child which might be four or five years old—I knew the prisoner before he was married—he was seaman—he was about seventeen or eighteen when he was married—I knew Ann Warwick perhaps two or three years before she was married—I know nothing about her being loose in her morals—she did not appear to be walking about the town—it is immaterial to me how she got her living—I do not know what her parents were—I do not know whether she and the prisoner were lodging in one house when they were married—I never knew her parents—I do not know what age she was when she was married.
JANE WELLS. I am living in Queen-street, Ratcliff, with my mother who keeps a shop for the sale of nautical instruments—I became acquainted with the prisoner by his coming to the shop—I married him at Christ Church Rotherhithe, on the 26th of Oct.,1845.
Cross-examined. Q. I believe you married privately, that your friends should not know anything about it? A. Yes; he wished it to be private, and I consented to it—he came to me as a single man—his sisters told me that he had been married, and that he had been tried—I am not now engaged to a gentleman—a gentleman paid me some attention, but when I told him this circumstance it was dropped directly—no one knew that I was married, and therefore it was likely that any one might pay me attention—I was married before, and was a widow without children—the first time I married, it was without my friends knowing anything about it—I told them of if about twelve months afterwards—I made my brother acquainted with my having married the prisoner about three months afterwards—my friends knew of my acquaintance with the prisoner at first, and they were against it—I went to the prisoner's sisters to inquire about him, one sister sent me to another, and then they told me about him—I think I married him about six weeks after they gave me that information—he was just on the point of going to sea when I married him—he told me that Judge Cress-well, who tried him, told him he was a free man, and when he went to get the license the proctor told him he was all right—I did not take his sister's advice, I took his advice—I lived in the same house with my mother when it occurred—I went out to be married, and returned to my mother's
MR. BALLANTINE. Q. Before his sisters said this, did he say he was married? A. No; he always said he was not—after I had received this communication from them I spoke to him about it—he said he was married, but had never seen his wife from the hour he was married—he afterwards said Justice Cresswell tried him, and he said he was a perfectly free man—I believed that at the time I married him—I kept the marriage secret because my friends were opposed to it, and he wished it to be kept secret—he told me at one time that he had been to a proctor, and he told him it was illegal unless
he took me to the continent—a gentleman has made proposals to me since, but I immediately told him of this, the same hour.
GEORGE MALLANDINE. I am a clerk in the library of the Bank of England. I remember the time when the prisoner was paying attention to Mrs. Wells—he and I were on board the Duke of Manchester, and I had a communication with him on the subject of his first wife being alive—I argued the question with him about the impropriety of his marrying again—he said he thought he could be married again—I told him I thought it was quite illegal, and if he was so situated that he could not live without the lady, he had better go to sea, and see if anything turned up, that his former wife might die, and then the obstacle would removed.
Cross-examined. Q. Your notion was, that if a man were very warm in love a sea-voyage might do him good? A. Yes—he told me he thought he, could legally marry; he thought his first marriage was done away with, but I thought not—before we parted, he was inclined to my opinion, that it was better to wait—this was said on board the Duke of Manchester, the vessel in which he had just returned form the West Indies—Mrs. Wells sent me down there to see him—I do not know that he had got any legal advice then—I am not a lawyer—I spoke my opinion.
WILLIAM DAVISON DAY (policeman, K 74.) I apprehended the prisoner on board a vessel called the Maid of Orkney, in the West India Docks—he came on shore with me to the Dock—I then told him it was time to throw of all disguise, I was going to apprehend him for bigamy, in marrying Mrs. Wells—he said, "I don't know such a person"—he broke away form me, and I followed him with a hue and cry—he ran round the Dock, and endesvoured to get over the bridge—I at last apprehended him—it took four constables and two other persons to handcuff him—he nearly threw me into the Dock, if there had not been a barrel there, I must have gone in—I have a certificate of his marriage at Rotherithe Church—I got it at the minister's house—I saw it extracted, and examined it with the book.
Cross-examined. Q. The prisoner said you had no right with him at all? A. Yes, he did say so, and when I got to the station, he said I might get a committal, but not a conviction—he said, "When you have charged me, I shall be done with."
MR. PRENDERGAST called
JOHN HOLLAND I live at No. 2, Oval-cottages, Hackney-road. I have known the prisoner since he was a boy—we were boys together—he has been a decent respectable person—I knew him in Liverpool about seven years—he was captain of a large vessel called the Sarah, of about 600 tons—he conducted himself as a respectable man—he raised himself to his present situation by his good conduct.
MR. BALLANTINE. Q. Did you hear that he had been tried and convicted, and sentenced to twelve months' imprisonment? A. Yes, certainly, I heard it—I know it from report—I cannot say anything about it—I suppose I must believe it—I merely state that I knew him in Liverpool for six or seven years, and during that time he was a respectable man—I am merely speaking of the time I knew him there—I believe he married in Liverpool, but that wife is dead—I do not know exactly when that was—I knew him well, but I did not know when he married—I did not know a Mrs. Fenwick, of Newcastle—I had heard that he had a wife alive, but I had nothing to do with it—I merely speak of his good character.
MR. PRENDERGAST. Q. Did you know of the marriage at Liverpool till
after it had taken place? A. No.—that was the person whom I understood he was indicted for marrying—apart from that circumstance, I believe him always to have borne the character of a respectable man—that is the character I have always heard of him.
(William Thomas, of Poplar, and Mr. Robson, gave the prisoner a good character.)
GUILTY. Aged 34.— Transported for Seven Years.
MR. ROBINSON conducted the Prosecution.
ALFRED SPRYING. I am in the service of John Simpson, a boot and shoemaker, of Tottenham Court-road—Cooper was in his employ as shopman for about six months—Poole has been a workman two or three years—these boots are my master's who is ill, and cannot attend—this other pair of boots and shoes are his—I cannot say that they were stolen—they were not sold.
Cross-examined by MR. BALLANTINE. Q. You mean you did not sell them? A. Yes—my master very seldom sells—if he had sold them, he would account to me for the money, to a certain extent—he has frequently paid money over to me when he has sold things.
Cross-examined by MR. CHARNOCK. Q. When was he taken ill? A. Last Monday week—it was never made known to the prisoners that he was ill—I dare say the boots I speak to were made in Northamptonshire—I cannot say whether these were bought by the dozen or singly—this is not an uncommon pattern—about four persons serve in our shop—there is only myself here—I am there all day, except when I am obliged to be out; I then leave three other persons—I can give a reason why these boots have not been sold, they were under the window about twenty minutes past nine o'clock in the evening, on which the constable got possession of them—I did not see them again till they were shown to me at the police-court—here is the private mark on the sole—all this sort of boots have the same mark.
JOSEPH HUGHES (policeman, E 114.) On Wednesday evening, the 1st of Sept., I was watching near the prosecutor's—I saw Cooper go from the shop and look in the public-house once or twice—Poole came out and spoke to him—at half-past nine I saw Cooper put the lights out in the shop—he then went to the public-house with something in a handkerchief and saw Poole—he gave it him—he put it into a bag and went into the public-house again—Cooper returned to the shop and then came and went to the public-house, and he and Poole went together to the corner of Little Queen-street—Poole stopped at any oyster-stall—I went up to him and said, "What have you got here?"—he said, "What is that to you?"—I said, "I shall take you into custody;" and I called another constable—Cooper ran up towards Holborn—I took Poole to the station—I found this pair of boots in the bag—I said, "You do not mean to say anything about these boots?"—he said, "I dare say you know all about it"—I went to his house and there found.
thirty-one duplicates for boots and shoes, the whole of which were identified by Mr. Simpson after they were given up at the police court—some of then are produced here by the pawnbroker—I afterwards took Cooper—I found a duplicate at his place for a pair of boots which have been identified by Mr. Simpson.
Cross-examined by MR. CHARNOCK. Q. Had you been in the public-house? A. Yes; I went in previous to Cooper giving Poole the bundle—I then saw the bag was empty—it was lying flat—the address which Poole gave me was correct.
GEORGE TURNER. I am in the service of Mr. Griffiths, a pawnbroker—some of these duplicates relate to boots which have been pawned at our house—they were produced before the Magistrate, and Mr. Simpson identified then as his—I know one pair of them were pawned by Poole.
Cross-examined by MR. CHARNOCK. Q. Which pair? A. This pair for 8s.—I took them in—I do not know what time of day it was—I know Poole well—I heard Mr. Simpson identify these as his property.
MR. BALLANTINE to ALFRED SPRYING. Q. Would Cooper have boots to work on out of doors? A. Yes; he had had single boots given him for a pattern to make a pair by—it was not necessary to give him a pair—I will swear that a pair was never given him as a pattern; he has had single ones.
MR. ROBINSON. Q. When Poole made boots how did he get the odd one; did he go to the public-house and wait for it? A. No; some one in the shop gave it him, and spoke about it, and then he would walk out with it.
COOPER— GUILTY. Aged 31.
POOLE— GUILTY. Aged 33.
Confined Nine Months.
(There were three other indictments against the prisoners.)
MR. PARRY conducted the Prosecution.
SAMUEL ARRILL. I am cash-clerk to Mr. Daniel Davies, a solicitor, of Henrietta-street, Covent-garden—the prisoner was in his employ on and of for seven years—on the 20th of Aug. I sent him to the Law Life Assurance Company, to obtain the sum of 1l. 9s. 0d. for commission due to Mr. Davies from that office—he came back on the 20th and informed me he had not received it—he has never accounted to me for that sum—he left on the 27th of Aug. apparently to go to dinner—I did not see him again till his apprehension—I had ordered him about the 20th of Aug. to receive 10l. for rent from Mr. Ells, less any deduction that Mr. Ells might make—he has never paid me that.
Cross-examined by MR. LAW. Q. Do you remember the day? A. Yes; on the 20th of Aug. I told him to go to the Law Life Assurance Company and Mr. Ells—he returned and said he was too early for the cash-clerk of the Law Life, and he said Mr. Ells did not pay, but he would call—Mr. Ells did not call—Mr. Davies is not here, he is very ill.
JAMES PARRY. I am a clerk at the Law Life Assurance Company in Fleet-street. I have seen the prisoner—I do not remember paying him any money, but I have his signature in the book, "W m. Crockford, for Daniel Davies, 4, Henrietta-street, Covent-garden"—1l. 9s. 0d. was paid.
receives rent for one house that I hold—the prisoner called for the rent on or about the 20th of Aug.—I did not pay him then—he called again on the 31st of Aug.—I then paid him and took a receipt—this is it—I knew him—he had called on one or two occasions before—I am sure he called and had this—the rent was 10l., and 5s. was deducted—I paid him 9l. 15s.
Cross-examined. Q. What was the reason you did not pay on the 20th? A. I wanted to see Mr. Davies—I told him I would call in a few days and see Mr. Davies.
SAMUEL ARRILL re-examined. This letter was received by Mr. Davies—it is the prisoner's writing—(This letter being read, expressed the prisoner's contrition for the offence, stating that he had been robbed of most of the money, and offering to repay it with the assistance of his friends.)
The prisoner received a good character, and Mr. Evans, an attorney, engaged to employ him.
GUILTY. Aged 22.—Recommended to mercy. — Confined Nine Days
NOT GUILTY.(No evidence was offered.)
THIRD COURT.—Tuesday. September 28th, 1847.
Fourth Jury, before Edward Bullock, Esq.
MR. PRENDERGAST conducted the Prosecution.
ROBERT HORN. I am butcher on board the Wellington. On the 3rd of Sept. I received three 5l. notes, my wages, and got my register-ticket—I wrapped the notes up in my discharge, and put it and the register-ticket, No. 29,089, into my waistcoat pocket—I had 3l. in gold as well, and some silver—I changed a sovereign, and spent some of the silver at the Railway Tavern—I bought a watch there for 5l., and a key for 6d., of a pedlar—I saw the prisoner about 100 yards from the West India Dockgate—we fell into conversation after I paid the pedlar—I was going to have a pint of beer—I said I would make a pot of it—the prisoner and two others drank of it—the prisoner said he would walk to Bow with me, where I live—we went across Abbot's-fields, and into Moore's Arms, on Bow-com-mon, and afterwards to a beer-shop, in the lane leading to Bow—I got rather tipsy—I met Mr. Dixon, a milkman, whom I knew—we all three walked on
towards Bow—we left Dixon, and after that I do not know what became of me till I found myself at home in bed at twelve o'clock at night—my waistcoat was torn, and my money and register-ticket gone—they were safe as I crossed Abbot's-fields—I am sure I never entered the Blue Posts—I did not have a game at skittles with any one there—I had one game at bagatelle, at the Railway Tavern, for a pot of beer.
Cross-examined by MR. HORRY. Q. Is there a skittle-ground at the Railway Tavern? A. Not that I am aware of; I know there is at the Blue Posts, as I have taken meat there—it was not the pedlar who sold the watch, it was another man—I gave him a sovereign for the watch and key, he gave me 4s. 6d. change—I sold the watch for 10s., a fortnight ago—I also bought a pair of razors, a comb, and a hat-brush at the public-house—I had 2l. and some silver left when I got home—I had had two pots of half-and-half or porter—I had no gin-and-water—I had about half a quartern of brandy on board the ship, before going to the Railway Tavern—I was not drunk when I left there, but there was something put into the drink—I have never found my register-ticket or discharge—I do not recollect ordering some beer at one of the public-houses as we went along, and having it changed for noyeau.
COURT. Q. You were not tipsy until you went into the beer-shop in the lane? A. No—I lost my senses suddenly.
WILLIAM DIXON. I am a milkman—I have known Horn some time—I met him on this Friday afternoon, about twenty minutes past four, in Devon's-lane, that is much nearer Bow than the Railway Tavern—I should say it is a mile form the Docks—Horn called out hoy, and went into a beershop—I went in and helped to drink some half-and-half, and walked with them into Bow—the prisoner said to me, "There are the little houses when he lives, I will take him home safe to his father and mother, because he has got money about him; they will be glad to see him at home"—I left them going on that way.
Cross-examined. Q. Were they not rather fresh? A. Horn was—the prisoner was not so fresh, as he refused drinking much beer—no rum was called for in my presence—the prisoner said he would not leave him because he had got money about him.
COURT. Q. Did you drink out of the same pot of half-and-half? A. Yes.
THOMAS GRINES. I live at the Bird-in-Hand, Bow-road—the prisoner and Horn came there—Horn was very much in liquor—the prisoner called for a quartern of rum—after that, they went into the tap-room, sat down, and a pot of half-and-half was brought—the prisoner told me Horn had got about 40l. about him, that he was going to see him righted, that his mother lived just below, at the almshouses, and he would see him safe home—he brought the half-and-half back, and had half a quartern of noyeau—he put some water to it from a jug which stood on the counter, and gave it to Horn to drink—he did not take any of it himself—Horn drank it all—they left the house directly—it was near five o'clock—they did not go towards the almshouses, but towards the Fair-field, quite an opposite road—that was the last I saw of them—next morning Horn came to me to make inquiry.
Cross-examined. Q. Is your house before or after you come to Devon's-lane? A. Before—the almshouses are on the same side as my house—you go down a field to them on the same side of the way, but the prisoner and Horn crossed the road—the prisoner drank some of the half-and-half and some of the rum.
About half-past five or six o'clock on this night, the prisoner came to my house and produced these three 5l. Bank of England notes (produced)—he said he had won them at skittles, and had been very lucky—he did not say where—a friend of his, named Durell, was with him—he told him if he had been there he would have won a hundred—Durell recommended him to leave them with me.
Cross-examined. Q. Did not the prisoner talk of going to Holborn? A. Yes—Durell said, "You had better not, you are too tipsy"—he was tipsy—he said, "I am all right; I will go home and shift myself, and go with you."—Durell then said he had better leave the notes with me—they left the house together, returned again at ten o'clock in a cab, and the prisoner was more intoxicated than ever.
MARY HORN. I am the mother of the prosecutor. On this Friday night I received information, went to Fairfield-road, and found him lying on the ground—he seemed stupid—I spoke to him three or four times—I asked him how he came lying there—he said, "Lying where?"—I made him understand and took him home—he had on a spotted black satin waistcoat, the one he has on now—the left-hand pocket was loose to the band behind—the lining was torn from the satin, not torn quite out, but entirely from where it was sewn—the tear was quite fresh—it was a new waistcoat the day before—I had seen it in a good state that very day—two sovereigns remained in his trowsers' pocket—he came round about twelve o'clock.
HENRY BARNES (policeman, 256.) I took the prisoner on the 10th, the Friday following, at his house—they said he was not at home, but having watched the house from five o'clock I was sure he had not gone out—I knocked at the door, and said I would see where he was—he came from the yard into the room—I said, "I want you for stealing three 5l. Bank notes from Mr. Horn"—he said, "I never stole them; I them at skittles, at the Blue Posts, in the Commercial-road," that is a mile and a half from Devon's-lane—I have some new clothes here which I found he had been purchasing—he told me he changed the notes at Smith's.
Cross-examined. Q. Did you search the place? A. Yes—I found no discharge or register-ticket—he said, "I never robbed him; I won them of him at skittles at the Blue Posts, and he bet me five to one that I could not get them three times under-handed with a small ball."
GUILTY. Aged 24.— Transported for Seven Years.
MR. HUDDLESTON conducted the Prosecution.
MARY WHARTON. I am a nurse. I have been nursing the prisoner Doyle's child—it is about eight months old—she paid me 4s. a week—on the 25th of Aug. I went to her for some money—she said she had none, but would come on Monday, take the child. and pay me—she said she had got a person who was going to take it into the country, and bring it up as her own—on Monday evening M' Grath came for the child—I would not let it go till the mother came in—it was undressed, and I wished it to remain that night, as it was half-past seven or a quarter to eight o'clock—this is the child (produced.)
saw the prisoners coming out of our door very quickly—they seemed to be in conversation—when I got into the passage it was so dark I could not see anything—I trod on something very soft—I thought it was a rag—I trod again and a child cried—I said, "Oh my God! those two women have left a child"—my husband picked it up—the policeman came and he gave him the child.
JOHN SHORLAND. I was coming home with my wife—her attention was attracted to the child—I went after the prisoners, and overtook them in Chandos-street, twelve or thirteen houses from the corner of Bedfordbury—I said to Doyle, "You come back, and fetch this child"—she said, "Let me go"—M'Grath said, it was a shame to stop two respectable people in the street, and charge them with such a crime—they began to run—I had them stopped.
DONALD BAIN (police-sergeant F.) I took the child form Mr. Shorland—I took it to the station, and afterwards to St. Martin's workhouse—this produced is it—Doyle said at the station she thought she had better leave the child there than murder the poor thing—she afterwards said it was her child, that she left it there because she could not afford to pay for it.
Doyle's Defence. I was confined in St. Pancras workhouse, and after paying 4s. a week for the child for two months, I went back to the workhouse, and said I was a delicate girl, if they would take my child I would give them half my wages to support it; I went three times; the head of the workhouse told me they could do nothing for me; and they refused to take it at the Foundling Hospital; all my wages ran out, and I could not keep it unless! robbed my mistress, and the woman kept applying to me for money three times a day; I did not know what step to take; I told her so, and her daughter came and abused me; I said I was going to take it into the country, but meant to leave it at the gate of St. Pancras, as I lived three years in that parish.
M' Grath's Defence. Doyle sent me for the child; I was not aware of what she was going to do with it.
DOYLE— GUILTY . Aged 25.
M'GRATH— GUILTY. Aged 40.Stongly recommended to mercy by the Prosecutors (the Parish Officers) and Jury. Judgement Respited.
ROSINA BROWN. I am wife of John Brown, of the Harrow-road. The prisoner was our servant—I discharged her on the 1st of Aug.—I had returned from the country the day before—five weeks after she was gone, I missed two shifts, three pairs of stockings, some socks, and a gold ring—the ring had been locked up in a workbox the day before I went into the country—I had seen it safe five or six weeks before—I gave the prisoner in charge at her mother's—she was taken to the station—I was present when she was searched—she had on one of my shifts—I said, "That is my shift"—she said, "I am sure it is not; I had three of them three months ago"—I asked what she had done with the other two—she said they were worn out—this is my shift (produced) and the one she had on, I swear to by the cut of the neck and the twilled tape it is bound with.
Cross-examined by MR. HORRY. Q. That is the only thing you found? A. Yes—I am sure I saw it a week before I went into the country—there is no mark on it—I had four or five like this a week before I went—the box in which the ring was, was locked when I came back.
COURT. Q. How long have you had them? A. About eighteen months—I had five, I have three at home, and missed two.
GEORAGE BISHOP. I went with Mrs. Brown to Bell-street, Marylebone, and took the prisoner—she said she had nothing about her, or in her boxes, but what was her own—I searched and found nothing—I took her to the station—she was searched by a female, and the shift was given to me.
Cross-examined. Q. Have you inquired for the ring and shifts at the different pawnbrokers? A. Yes.
2204. JOHN UNDERWOOD and EDWARD AKERMAN were indicted for stealing 95 lbs. weight of mutton, value 2l. 9s.; the goods of Issac Clerk, the master of Underwood; he having been before convicted of felony; and GEORGE HALL , for feloniously harbouring and maintaining them, and receiving the said goods.
MR. PLATT conducted the Prosecution.
ISSAC CLARK. I am a butcher, and live in White Lion-street, Pentonville. On the 9th of Sept., at seven o'clock in the morning, I purchased some beef and mutton in Newgate-market—I know Underwood well—I have frequently employed him to carry meat to my cart, and did so on this occasion—I told him where to go for both kinds of meat—after some time he brought one quarter of beef to the cart—the mutton did not come—I went to Mr. Linsley's to inquire—Underwood did not accompany me—he was gone down with the beef while I went there—he came soon afterwards—I found the mutton was gone—the scaleman said he had delivered it to somebody who asked for it in my name—Underwood then came up to me, and said the mutton was not in the cart—I said, "No, I am quite aware of it, some one has got it away"—he affected a great deal of surprise, and said, "It is possible some one of the same name as yourself may have asked for mutton; there is a Mr. Clerk at Westminster, perhaps he may have got it"—he ran to the different carts to see if it was in them—it weighted 11 stone 7 lbs., and was worth 2l. 11s. 6d.—I saw part of it the next day—I could not swear to it, but am almost positive it was mine—it was cut to pieces, in a very awkward manner—a portion of it was gone.
Underwood. Q. What was my character when I worked for you? A. I never knew anything wrong of you.
WILLIAM LINSLEY. I am a salesman in Newgate-market. On the morning of the 9th Mr. Clark bought two sheep of me, with the exception of the shoulders—they weighted 95lbs.—shortly after he bought them, Akerman came, and asked for three pieces of mutton which Mr. Clark had bought—I thought he had employed him and I delivered them to him—he took them away—I saw the mutton the next day, and am quite sure it was the same, as I had got the head and shoulders.
Cross-examined by MR. HORRY. Q. Did you know Akerman about the market? A. I had never seen him before—I have known Underwood four years, acting as a porter.
WALTER HENRY BROWN (policeman G 16.) From information I received, I went, on the 11th of Sept., to a house in Brick-lane, I went through the shop, into the cellar—I opened the door, and heard the chopping of meat, and went down—when I got to the bottom of the stairs the three prisoners came towards me in a hurry—Hall was first—I stopped him, and said, "You have some meal," or "some mutton, here"—he said, "Yes"—I said, "Where did
you get it?"—he said, "This man brought it to me"—Underwood stood against his back—he did not point to him—I heard a scuffling, which appeared to be under the cellar—I said, "Come out"—Akerman immediately came out—I said, "What do you do with the meat?"—he said, "I met this man," pointing to Underwood, "in the street; he asked if I wanted a job; I said, 'Yes;' he said, 'come and help me cut up this meat' "—the prisoners were all close to me, and heard it—I said to Underwood, "Where did you get it from?"—he said, "I met a man, who asked me if I wanted a job: he told me to take the meat to the shop in Brick-lane; I should know him again if I were to see him"—I found three breasts, four necks, and two hind quarters of mutton in the cellar, a whole sheep, expect the head and shoulders—I showed it to Mr. Linsley the next day—he recognized it by the score near the shoulder—I sent Underwood and Akerman to the station—I said to Hall, in the parlour, "This is a bad job"—he said, "Yes; I told them to get rid of it as soon as they could, for I did not want to get into trouble."
Cross-examined by MR. PARRY. Q. Did not he say he did not with to get into a bother? A. Yes—when asked if there was meat there, he said, "Yes, these men brought it there to chop up"—he did not claim any of it—he did not make the least attempt at concealment—he keeps a sheep's-bead shop, and would have the means of cutting up meat.
Underwood's Defence. I have worked in Newgate-market sixteen years; I did not go for the hind quarter of mutton, as, after taking the beef, I had to do some work for a man at the corner of Newgate-street; when I went for the mutton it was gone, and Mr. Clark was there; I ran and asked all the men if they had fetched any mutton in the name of Clark; I was never in Hall's house before; in two jobs out of three I do not know the parties' name who employ me.
UNDERWOOD— GUILTY. Aged 33.— Confined Twelve Months.
AKERMAN— GUILTY. Aged 19.— Confined Three Months.
HALL— NOT GUILTY.
REBECCA NORTHORN. I lived with the prisoner—I left him last Friday three weeks—on the Saturday week after that, I went to his lodging, with Sarah Newley, to get my things—Mrs. Hablett was there—I asked her where my husband was—she made use of improper words, and told me he was no husband of mine—that was true—she went away, and fetched the prisoner—I was in doors, with Mrs. Newley, when he came—he told me to open the door—I did so, and he directly knocked me down with his fist—I had not done anything—he went out—Mrs. Hablett told him to go in, and serve me worse, and not let me stay there—he came and knocked me down again—when I came to myself I felt blood trickling down my face, and saw the prisoner with the tongs in his hand—I do not know where he got them from—there was a fireplace in the room—I went on my knees, and begged for mercy—he said he would finish me at once, and struck me across the loins
with the tongs—I laid there, and could not get up—he told me to get up—I said I could not, and he dragged me into the garden, by the hair of my head, and left me there—my eye bled a good deal.
Prisoner. Q. Did not you strike me with the tongs, and did not I take them out of your hand? A. No, I did not have them in my hand at all—I was not drunk—I did not swear I would break your windows.
SARAH NEWLEY. I live in Union-court, East-lane, Greenwich. I went with Mrs. Northorn—she put her hand on the knob of the prisoner's door and it came open—it was not locked—the prisoner came—they had lived together as man and wife for a fortnight or three weeks—he said she had no business there—she said her things were there, and she wanted them—he hit her directly—she hit him—he knocked her down—I saw the tongs in her hand—I did not see her strike him with them—I got away, and did not see him strike her, as I had a young child with me—she got up the first time she was knocked down—when she got up he hit her, and she hit him again—she did not hit him before he got the tongs that I know of—I saw them punch one another before I saw him with the tongs—I went away, and left her on the ground—he had the tongs in his hand then, but if he hit her with them it was after I went.
Prisoner. Q. Did not you see me take the tongs out of her hand? A. No—I did not see them in her hand.
ROBERT BACKHOUSE (policeman, K 151.) On Saturday evening, at eight o'clock, I went to this house, and found Mrs. Northorn sitting on a chair, and some man washing her face with a sponge and water—she had two wounds over her eye—I took the prisoner, and asked him how he came to ill-use her in that way—he said, "It serves her right, the b----y wh----; I wish I had killed her"—she said at the station he had struck her with the tongs, but did not particularly say whether he hit her on the eye with them—he said nothing—he was perfectly sober—I went to the house, and found the tongs smeared with blood, and some hair adhering to one end of them.
COURT. Q. Did you find both women there? A. Yes—Mrs. Northorn was particularly sober—Mrs. Newley appeared to have been drinking—she had a child in her arms.
RONALD ROBERTSON. I am a surgeon, in High-street, poplar. I was called, and found Mrs. Northorn in a very excited state, bleeding from a wound in the forehead—there were other contusions about her body—I believe these tongs would produce what I saw, and also the wound on the eye—one blow with them would make the two wounds—each finger of the tongs would make one—the wounds were only an inch apart.
(The prisoner put in a written defence, stating that Mrs. Northorn had burat his door open, and refused to go out; that on his attempting to put her out, she struck him on the nose with the tongs; that he took the tongs from her, and struck her across the back with them, but that he never struck her on the face, except with his fist.)
GUILTY of a Common Assault. Aged 38.— Confined Three Months.
2206. ANN SMITH was indicted for stealing in the dwelling-house of Thomas Furley, at St. John, Hackney, 1 cash-box, value 2s.; 13 spoons, 2l.; 3lbs. weight of butter, 3s.; 12lbs. bacon, 10s.; 4lbs. candles, 3s.; 6lbs sugar, 1s.; 1 piece furniture-paste, 6d.; 2 ozs. wax, 6d.; 2lbs. tea, 11s.; 6 towels, 3s.; 1 table-cloth, 4s.; 4 aprons, 2s.; 1 petticoat, 6d.; 2 shifts, 3s.; 7 handkerchiefs, 9s.; 18 knives, 1l. 2s.; 18 forks, 16s.; 57 sovereigns;
10 half-sovereigns; 14 half-crowns; 60 shillings; 42 sixpences; 235 goats; 63 pence; 190 half-pence; 35 farthing; 1 coin, 4d.; and 5 5l bank notes, and 1 order for the payment of 5l.; the property of Thomas Furley; 3 handkerchiefs, 6s.; 4 books, 4s.; 1 pair of shoes, 4s.; 1 toilet-bottle, 6s.; 1 gindle, 2s.; 1 purse, 2s.; 1 watch-guard, 2s.; and 1 watch, 1l.; the goods of Eliza Furley; I work-box, 2s.; and 1 petticoat, 2s.; the goods of Emma Piper.
MR. EVANS conducted the Prosecution.
EMMA SMITH. I am single, and am servant of all work at Mr. Thomas Furley's, a grocer, of Upper Clapton—I always go by the name of Piper. On the 9th of Sept. I came down about ten minutes to seven, and found the door leading from the passage into the kitchen open—the washhouse-door was shut, but unbolted—I did not take any notice of it, the young men being down before me—while lighting the fire I looked up the passage leading to the street-door, and saw the prisoner standing there—there is a door from the passage into the shop, and another into the parlour—it communicates with the stair-case—I asked what she wanted—she said she wanted Mrs. Furley—the prisoner was not living there then—she said she had been up to Mrs. Furley, and she was coming down directly—I went into the parlour, then into the kitchen, and then my master gave the alarm that the cash-box had been stolen—I came back and the prisoner was gone—about half an hour afterwards I went into the garden and found this basket (produced) filled up with things, and a wrapper tied close down over them—there appeared to be more in it then there is now—it stood just inside the back garden-gate, which leads into the street at the back of the house—I saw Miss Furley's shoes in it, some tea sugar, and other things—I pushed the gate open, it was unfastened—I found this work-box (produced) in the basket—it is mine—I had it only the night before—this petticoat is mine—it was found in the basket.
CATHERINE HANNAH STRADWICK. I live in Conder-street, at the back of Mr. Furley's garden. On the 9th of Sept., a few minutes before seven in the morning, I was opening the shutters, and saw the prisoner walk down the garden, shut the gate, and walk down the street with something under her left arm—the gate was open—I saw a basket there, with some clothes in it—this is it—I am sure the prisoner is the person.
EDWARD PAYNE. I am in Mr. Furley's employ, and live there. I saw the prisoner, a little before seven o'clock, 300 or 400 yards from the house, with Mr. Furley's cash-box (produced) under her left arm—she went into a carpenter's shop—I went and looked—she saw me, and went into a milk-shop—I told a man there that she had got Mr. Furley's cash-box—she did not say anything—she came out—I walked with her, and accused her—she said, how date I to accuse her, she would give me into custody—she asked the way is the station—I said I would show her—at the corner of Dalston-lane she was going to run away—I called out "Police!"—she ran into a nursery-ground, and into a water-closet—the policeman came up—I ran in front of the shop, came back, and saw the policeman with the prisoner—he called a man to get a light—a light was got, and he pulled the cash-box up from the privy—it was buried in the soil—I had locked the back gate and the shop door the night before—the prisoner had this small basket on her arm—(produced)—I afterwards saw it emptied on the table at the station—there was a scent-bottle, a purse, same half-pence, and all these things produced in it—I did not see her go into the privy—I lost sight of her when she ran round the corner. I saw her in the privy the policeman's custody.
PERCIVAL TERRY (policeman, N 63.) On this morning I saw the prisoner going up the nursery with something concealed under her right arm, under her scarf—she had a bag and a little basket—I pursued, and never lost sight of her till she got into the water-closet—she bolted the door—I asked her to let me in—she did so in three minutes—I asked what she had had concealed under her scarf—she said, "Nothing"—I sent for a light, looked down the privy, and saw the cash-box—she attempted to escape—I took this basket from her in the privy, and afterwards saw this silver-mounted smelling-bottle and other things turned out of it, and several small things from a bag.
JOHN CASS WALLER (police-inspector.) I received the cash-box from Terry, examined it, and found five 5l. notes, a 5l. check, fifty sovereigns, ten half-sovereigns, and a quantity of silver—50l. of it was given up to Mr. Farley by order of the Magistrate—I received a wooden box, which contained 13s. 11d. in copper.
ANN PAYNE. I am a searcher at the Hackney police-station. I searched the prisoner on the 9th—a guard, locket, bracelet, and seal dropped from her left hand—I picked them up, and on shaking her scarf the brooch fell out.
EDWARD SMITH (policeman, N 193.) I searched the privy at the station-house on the 16th, and found this watch in the soil—I had seen the prisoner taken by the female searcher into the cell where the water-closet was.
THOMAS JONES. I am shopman to Mr. Furley, and board and lodge in the house. I came down on this morning at twenty minutes to seven—the door leading from the kitchen into the passage was closed, but unbolted—I did not see the prisoner—I found some tea scattered behind the counter, and all the tills turned upside down on the floor behind the counter—there is a grating underneath the window, which was found slightly raised up—a person could get down there into the cellar, and from thence into the shop, or a person could conceal themselves in the shop—it is a large shop.
ELIZA FURLEY. I am the daughter of the prosecutor, and live with him—I sleep on the third floor. On the night before the robbery I went to bed, and left my door shut, but not locked—next morning, before day-break, I heard a creaking on the stairs, and saw a light over the door—I cannot say the time—it was dark—I took no notice, thinking it was my mother—I awoke about half-past six o'clock, went to see the time, and missed my watch from the hook at the bed-side, and a brooch and locket, a seal, and a guard to it, from the table—these produced are them—I am sure they were all safe the night before—I missed a smelling-bottle, and several other things, which had been safe in my drawers the night before—these produced are them—I know that the prisoner had lived in my father's service, but I cannot recollect her—it is six or seven years ago—my father keeps his cash-box in the same place now as he did then.
THOMAS FURLEY. On the night before this affair, I saw my doors locked up, and took the keys up into my bedroom—I put my cash-box on the drawers in my bedroom, between my bed and the door, two or three yards from the bed—the curtains were half-way drawn—I could not have seen any one come to the drawers if I had been awake—I burn a rushlight—between six and seven o'clock Mr. Jones came for the keys—he does so every morning—shortly before seven in the morning I heard some one push the door open gently—I said, "Who is there?"—a female said, "It is only me, sir, I was coming for the rushlight"—I do not know whose voice it was—about seven my daughter come to my room, and said she had lost her watch—I then missed my cash-box—I afterwards went into the garden, and saw a basket—I
will not swear this is it—I saw the articles in it—these spoons are my mother-in-law's—these knives and forks are mine—this cash-box is mine—I cannot swear to the money—there was 102l. odd, safe in the box the night before—I can swear that this check was there—I know the prisoner's features perfectly well now—I did not know her at first—she lived with us six or seven years ago—she knew the habits of the family—I kept my cash-box in the bedroom at that time—it is my dwelling-house, and is in the parish of St. John, Hackney.
Prisoner's Defence. The cash-box and bag containing the watch, and all the small articles, were given me by Piper on the morning when I went to ask her permission to go through the house—she gave me some wine out of a tea-cup in the kitchen.
JURY. Q. Were you ever convicted of felony? A. Yes, at Newgate—I do not know how long ago it was—it is within the last twelve months.
GUILTY.— Transported For Seven Years.
JAMES DOWD. I live at No. 3, Swan-yard. On the 19th of Sept., about twelve o'clock, I was in the Blue Anchor, Parson's-street—they wanted to close the house, and turned us all out—I was outside the door—the prisoner chucked me against the shutters, and darted a knife into my arm—nothing had happened between us before that—I know no reason for his doing it—he was half-drunk—I had nothing to do with turning him out—it was a sailor's knife—it was open when I first saw it.
Prisoner. You struck me, and struck yourself against the knife; I was defending myself. Witness. You were not defending yourself; I saw no one attacking you.
THOMAS HARRINGTON. I am waiter at the Blue Anchor. The prisoner came there about a quarter-past twelve o'clock—it was raining very hard, and the people were staying—it was time to turn them out—he appeared in liquor, and was rather excited—he came in to inquire the way to Old Gravel-lane, my master told me to show him—as soon as I did so he struck at me—we got him outside—I did not see him with the knife then—I saw him and Dowd down together, and took the knife out of his hand—I saw nobody strike him.
JOSEPH NASH. I am house-surgeon at the London Hospital. On the 20th of Sept., about one o'clock in the night, Dowd was brought there, bleeding very much from a wound on the back part of the left arm, an inch and a quarter deep—it was done by some sharp instrument—this knife (produced) would have done it—it was a dangerous wound—it just escaped as artery—I measured the wound and the knife—they corresponded exactly.
Prisoner. That is my knife; I was ill-used, and was defending myself.
GUILTY of a violent Assault. Aged 55,— Confined Twelve Months.
2208. CATHERINE GILBERT and CATHERINE DONOHUE were indicted for stealing, at Stepney, 1 box, value 4s.; 1 bracelet, 10s.; 1 pocket-book, 2s.; 1 bonnet, 10s.; and 18 sovereigns; the property of Richard Scott, in his dwelling-house.
MR. LAW conducted the Prosecution.
RICHARD SCOTT. I am an officer of Customs, and live in Bedford-street, Stepney. Gilbert, who is my wife's sister's daughter, was in my service for the last six months—Donohue had lodged in my house for a week two months previous to her coming this time—she came on the Saturday night before the robbery, to take charge of the house till I returned from the country—she slept there that night—I left my own bedroom for her—I left the house with my wife at half-past eight on Sunday morning, the 5th—we returned about nine at night—the witness Neale opened the door—I found a policeman in the passage with Gilbert—he said my house had been robbed—I went to the press in the back parlour, and found the box, containing from 16l. to 19l. was gone—I had seen it safe when I left in the morning, and had taken a sovereign out of it—I searched the house, and missed a bonnet—we searched, but could find no trace of Donohue till Tuesday morning—I was not present when she was taken—Gilbert absconded on Monday evening—we took her on Wednesday—I was present when she was taken—this box and bonnet produced are mine.
Cross-examined by MR. PARRY. Q. Was the money taken away? A. Yes, and the box too—it was found at Mrs. Spicer's—the bonnet is the only article which was found on Donohue—it is worth 10s.—I did not know Donohue's husband till I saw him here—Donohue had been ill at my house, and was treated with great kindness—she took her meals with us whenever she called—I do not know that she lived at Glasgow, and came to town to purchase goods for her husband—we had a party on the Saturday night—Donohue was there, and Mrs. Scott's sister, and some Custom House officers—I lost no silver—Donohue left a bonnet instead of this—when I returned on Sunday evening, Gilbert told me that she had left the house about seven o'clock, to go to the Commercial-road with Mrs. Donohue.
COURT. Q. Were the things safe the morning after the party? A. Yes—the officers lodge in my house—Mrs. Scott and her sister slept in the house that night—Mrs. Scott went into the country with us—Neale was left in the house and the prisoners.
ELIZA SCOTT. I am the wife of the last witness. On Saturday night, the 4th of Sept., Donohue slept with me—she said, "Mrs. Scott, you are very comfortable!"—I said, "We endeavour to make ourselves comfortable"—she said she was very badly off, and had a great many losses—she said, "Do you have a good deal of money?"—I said, "No"—she said, "Don't deny it, Mr. Scott told me he had 300l."—I said, "If he has, it is more than I know"—she had said on the Wednesday before, that she would come on the Saturday—I said I was very sorry, but I should not be at home—she said, "Never mind, I will come to Catherine"—on Sunday morning I told her not to leave the house under any circumstances—she said, "No, I will take care of it"—this bonnet is mine—I locket the money-box up on the Sunday morning, and put the key into my pocket.
Cross-examined. Q. Had Donohue visited at your house before? A. Yes—I do not know her husband—I have heard her say that he is a potatomerchant, at Glasgow—I did not see him at the Police-court—I understand he came there to bail her—this bonnet cost 18s.—I lent it to her once—she
left a bonnet behind her—I was not present when she was taken—she did not tell me that she lived at No. 2, Hansman's-court, Fore-street—I cannot say whether Gilbert knew—I know Mr. White, one of her bail—I do not know what he is—I recollect going with her to his house once—it was then that I lent her my bonnet—I did not inquire or tell my husband to inquire for Mr. White when I searched for her—I had been to a person named Reynolds with her—I did not go there to inquire for her, or anywhere else—I have been to Mr. Inlain, of Plaistow, with her, to pay visits—I do not know whether she went to transact business—she slept with us on the Saturday she spent with me—I did not talk to her apart from the others about my affairs.
WILLIAM NKALE. I am an officer of customs, and lodge with Mr. Scott, On Sunday morning, the 5th of Sept., Mr. and Mrs. Scott went out—I staid in the house—I saw Donoghue after they were gone—she remarked that Mrs. Scott was a very industrious woman, and she thought she was saving a good deal of money—there are two kitchens, and a window between them—Donoghue was in one kitchen and Gilbert in the other—Gilbert put her head through the window, and whispered, "Are you coming there?"—Donoghue answered in a whisper, "Presently"—after that Gilbert went up stairs—Donoghue followed her, but not immediately—this was in the forenoon—Gilbert was up stairs repeatedly during the day—she went out shortly after two o'clock—she came in again a little after four—I went out at half-past four, returned at seven, knocked at the door, could not get in, I went away, and returned again at half-past seven—the door was open, and a policeman was standing there with Gilbert—Gilbert said the house had been robbed, the presses broke open, and her aunt's money taken—I saw the cupboard was broken open.
Cross-examined. Q. Where were you when you heard the whispering? A. In the front kitchen, on the opposite side—the water-closet is at the back of the house, you get to it by going up stairs—I did not see Donohue leave the house, or see her with her bonnet on on that day—I did ask Donohue if she was going to stop the night—she said she was not—I had never seen her before that Saturday—there was a young man in the back kitchen with Gilbert, and I was in the other kitchen with Donohue—there were four or five persons in the house—we dined together in the kitchen, with Donohue, at one o'clock—two young men came home that morning—they did not sleep there on Saturday night—I had not slept there that night—I came home at seven o'clock in the morning—Mrs. Scott was aware that I was coming—when I came I found Mrs. Chandler going out with them to Enfield—when they were gone, Donohue, Gilbert, I, and two young men were left in the house together—Donohue asked me before dinner where there was a Catholic chapel—I said, "At the Commercial-road"—Gilbert went up stairs after dinner—she had no keys of mine.
WILLIAM SMITH (policeman.) I took Donohue, on the 7th of Sept., at No. 2, Hanover-court, London-wall—I followed her to the house, went in, asked her name, told her I was a policeman, and asked if she had been at Mr. Scott's—she said, "Yes"—I said I should take her into custody for robbing Mr. Scott of a quantity of things—she said, "Very Well"—I asked her if she slept there that night—she said, "Yes"—I asked her to show me the room—she took me up—I found a bonnet there, which Mrs. Scott identifies—she said, "God knows, I would not rob Mrs. Scott"—on the way to the station she asked if I knew where Catherine Gilbert was—I said, "No"—she said she should like to see her—I took Gilbert next day, in
Sheep-street, Hackney, and found a box, containing a certificate of Mr. and Mrs. Scott's marriage, a pocket-book, two new dresses, and a pair of new clogs, but no money—I received nine sovereigns, two half-crowns, and two shillings from Mr. Scott—Gilbert said she had given the nine sovereigns and half-a-crown to Miss Tuffen—I asked her if she had any money—she said, "No."
Cross-examined. Q. When did you first see Donohue? A. About seven o'clock on Tuesday morning, in Spitalfields-market, engaged in business—I followed her for half an hour—she made several little purchases—I found a 30l. check on her—I have no doubt of its being hers—it has been delivered up to her, as we have recovered all the other money—she did say, "Has Mr. Scott been robbed?"—this bonnet was on her head—I found nothing but that which I can connect with robbery—I found that she had purchased things—I saw two new cotton dresses and two shawls (produced) on Gilbert, and a pair of new boots, some glazed calico, and a pair of clogs—I do not know the value of them—I was not able to discover that she had spent money—she said she had 16l., and given 5l. to Mrs. Donohue, and kept 11l. she was perfectly sober.
JANE GREEN. I am the wife of George Green, a policeman—I searched Gilbert at the station, and found three sovereigns, a half-sovereign, 6d., and 5 1/2d., in a purse in her bosom—she said, "That is the remainder of the money I stole from my uncle."
LOUISA TUFFEN. I live at No. 38, Margaret-street, Haggeraton. I have known Gilbert some time. On Monday night, the 6th of Sept., she came and said her aunt had turned her out, and asked if she could sleep with me—Isaid,, "No"—she did not stay there—she left a parcel, and was to call for it next morning—she came for it next morning—after she was gone her uncle came—she came again that night—I told her her uncle had been robbed, and asked if she had any money—she said, "No," at first, but after pressing her, she gave me 9l. 7s.—I said I would restore it to her uncle—she said nothing.
Cross-examined. Q. Did she offer to send for any brandy? A Yes, on Monday night—I declined having it—I did not observe that she had been drinking.
ELIZABETH PIKE. I live at 26, Melina-place, Hackney—I have known Gilbert twelve months last January. On Sunday, the 5th of Sept., about half-past three o'clock, she came to me, and asked if I would let her leave this box—I asked whose it was—she said her father's—I said, "Are you sure of it?"—she said, "Yes"—she asked if I would ask my daughter to give her a reference for a room, which she and a friend were going to take together, and said she had left her uncle and aunt because they ill-used her, and it was impossible to live with them—the box came open, and I saw the contents—I saw this certificate and this book, but no money—she did not stay there that night—she came back on Monday evening, at a quarter-past eleven o'clock, and again on Tuesday night, in company with Louisa Tuffen, who asked if Catherine might sleep there—I said yes; but I had much rather she would go home to her aunt and uncle—she was apprehended at my house next morning.
Cross-examined. Q. Did she send for any wine or spirits? A. No.
ELIZABETH MARY VALENTINE. I live at No. 17, Wellington-place, Hackney—I was with Gilbert when she bought some articles—she gave 1s. for a black bonnet, 4s. for a pair of shoes, 2s. 11d. for a shawl, 2s. 11 1/2d. for a cotton-dress and other trifling articles—I do not think they amounted to 1l. altogether.
How long were you going about with her? A. Two hours—I dined with her at Shoreditch—she paid the expenses—we had no beer—I do not know what she did with herself that evening—I heard that she went to the fair in the New North-road—she did not tell me so.
Gilbert's Defence. Donohue told me she thought Mrs. Scott had got some money saved up; I said I did not think she had much; she said my aunt served me very badly, and she thought I had better not stop, and if I would take what money they had, she would take me with her to Glasgow; she took the money, and gave me 15l.; the money found on me was that money.
GILBERT— GUILTY.Aged 16.
DONOHUE— NOT GUILTY.
MR. SCOTT agreed to take Gilbert into his employment again.
OLD COURT.—Wednesday, September 29th, 1847.
PRESENT—Sir JOHN PIRIE, Bart., Alderman; Mr. RECORDER; and EDWARD BULLOCK, Esq.
Fourth Jury, before Mr. Recorder.
MR. RYLAND conducted the Prosecution.
CHARLES HICKMAN. I keep the King's Head public house, at Knights-bridge. On Thursday evening, the 4th of Dec. last, I had a large party in my house,—the prisoner was there, and two persons named Scully and Potter—I did not see them come in, but I saw them all three in the house in company together—I had seen the three in company together at my home many times previously—the prisoner and Potter had slept in my house three or four nights previous to that—they knew my house well—they had been in the habit of sleeping there for three weeks at different times—I saw the prisoner and the other two on the night of the 4th as late as twelve o'clock—I did not observe either of the three leave—I cleared my house about one in the morning—I was the last person up—I made the bar safe, and left the bar window safe when I went to bed—I left some silver and copper, and some articles of plate, cigars, and cheroots, in the bar—I was disturbed about four o'clock in the morning by Oram—I went down into the bar, the window was open, and the shutters of the bar-parlour down—that must have been opened form the inside—I found some of the silver gone, and some things tied up in a handkerchief ready to be taken—I missed some silver and copper, some articles of plate, cigars, cheroots, a great coat, and a handkerchief—the articles tied up ready for removal had been displaced from where I had left them the night before—whoever committed the robbery must have been in the house I should say, and afterwards broken out—there was no appearance of external violence—I sent for a policeman—some of the property has been returned to me from this Court. When Scully and Potter were tried here—the prisoner was taken last Saturday three weeks.
Cross-examined by MR. BRIARIY. Q. You had a concert on the evening.
before the burglary? A. Yes—there were strangers there—many people attended—mine is one of the houses where there are frequently concerts going on—Scully had not lodged with me—I believe he had slept there once, not more; but the prisoner and Potter have slept there frequently—I understood they were bakers—I had not heard anything wrong of them before—as far as I knew, they were all people of good character, I had no idea to the contrary—otherwise I should not have let them come into my house.
WILLIAM INWOOD. I am a vocalist. I was at Mr. Hickman's on Thursday night, the 4th of December last—I sing there—I know the prisoner very well—I saw him there that evening—I knew the other two, Scully and Potter—they were there also, all three in company together—I do not remember either of the three leaving—I saw them there as late as twelve o'clock.
Cross-examined. Q. Had you seen the prisoner before? A. Yes, frequently about two or three months before—I was very well acquainted with his person.
JOHN ALLEN. I was potman to Mr. Hickman in Dec. last, and lodge in Fulham Bridge-road. I know the prisoner, Scully, and Potter, by using the prosecutor's house I saw them all three there on the evening of the 4th of Dec.—I saw them all as late as half-past twelve o'clock down in the tap-room, after the concert was over, they caused a quarrel between some soldiers, and there was a bit of a fight—the prisoner did not take any particular part in it—he staid there as late as half-past twelve—Scully and Potter were missing all at once—the prisoner did not stop a minute afterwards—they all went out of the tap-room together—he followed them out—I cannot say whether Cooper had lodgings in the Fulham Bridge-road, for I am very seldom at home till night, and I am out early in the morning—I cannot say that Potter lodged there—I believe they all three lodged there—they did not lodge in the same house with me—I lodged at No. 6, and they at No.7—I believe Cooper and Potter lodged at No. 7—I cannot say how late before the 4th of Dec. they had lodged there, I believe only for a few nights—I spoke to Copper and Potter that evening in the concert-room, and asked if they were going to sleep at our house that night—they had been in the habit of sleeping there sometimes—the said no; they had taken a lodging in Brompton.
Cross-examined. Q. Then you are not certain whether they lodged in Fulham Bridge-road or not? A. I am not certain, I only believe they did—they all left tap-room nearly together—they were all missing at one time—the prisoner got his living as a baker—I have seen him in the neighbour-hood for years—I have known him to live as a baker for years—we do sometimes have a disturbance in the house, but we quiet it as soon as we can—it does occur.
THOMAS HODGSON (in custody.) In Dec. last I was living with my mother at No. 8, Middle-row, Kinghtsbridge—I know the prisoner, and knew Potter and Scully, they lodged at my mother's house about three weeks or a month before the robbery—I know this lantern and life-preserver—(produced)—I had seen them in a drawer in the room where all the three slept, about a month of five weeks before the robbery—I asked them what they were for, and they said for a masquerade ball.
Cross-examined. Q. Who said so? A. Potter and Scully, not the prisoner, he was out of the room—I am at present confined in Newgate for robbing my mother of a tea-caddy—I am sentenced to nine months' imprisonment—I do not expect any reward or mitigation of punishment if the prisoner
is convicted—I was here as a witness against Potter and Scully—the prisoner did not claim these things—they were not his.
MR. RYLAND. Q. Had he lodged in that room? A. Yes—he was not there at the time I saw these things.
WILLIAM JOSELIN JOHNSON. I am a hat-manufacturer, in Frenchu-street—I was examined here on potter's trial in Dec. last—I remember seeing him and the prisoner at my shop on Friday, the 4th or 5th of Dec. last, between two and four in the afternoon—Potter purchased a hat, and paid for it, and they went away together.
Cross-examined. Q. You have not seen the prisoner since that time, have you? A. No, only at the examination at the Police-court—I can swear positively that the prisoner is the man who came with Potter—I took particular notice of his countenance, his forehead is rather particular—the price of the hat was 8s. 6d.—the prisoner had a hat on, and Potter a cap, he put the hap on when he went away.
JOSEPH JACOBS. I was formerly in the service of Messrs. Moses, of the Minories—I knew Potter, I do not know the prisoner—I have seen a person very like him—I served a person very like him, on a Friday in the early part of Dec., with a pair of trowsers and a waistcoat, to the best of my knowledge—he paid 7s. 10d. for the waistcoat, and 23s. for the trowsers—I am not aware in what money he paid—he had a companion with him, who I believe bought something—Emanuel served him—these waistcoat and trowsers (produced) are very like those I sold, I should say they were the things I sold to the man I believe to be the prisoner.
Cross-examined. Q. Messrs. Moses' establishment is a very extensive one, is it not? A. Yes, and they do a large business—I did not take any money myself on this occasion, it is not customary for us to take cash ourselves—these were a pair of bespoke trowsers, and they fitted the prisoner—I know them by a ticket placed on the lining, with the name of the person for whom they were made—I am positive I sold this waistcoat to the same person who had the trowsers.
MR. RYLAND. Q. Is there any mark on the waistcoat? A. Yes, a cutting mark—I am positive these things have belonged to Messrs. Moses—the man did not try them on—I could tell they would fit him, we can tell directly in our business—he saw in the shop nearly half an hour—I have no doubt the prisoner is the man.
LIPMAN EMANUEL. In Dec. last I was in the employment of Messrs. Moses—I remember Potter, who was tried here, coming to Messrs. Moses shop one Friday in Dec., I cannot recollect the day of the month—I cannot recollect whether he was alone or in company with any one—I have been examined before on this subject—there might have been another man with him, I dare say there was—there was another man with him, but I do not know who it was—I believe the prisoner is not the man—I can swear I do not recollect him—to the best of my belief he is not the man—Potter, I think, bought of me a coat and waistcoat—I am not positive whether it was one or two coats and waistcoats—I do not recollect any trowsers—there was no dealing about two pairs of trowsers to my knowledge—I believe I have never sworn that there was—I know the mark on these trowsers, but I do not recollect anything about a deal for trowsers—I saw the man pay the cashier for what he bought—I cannot recollect how much—I believe he paid in gold.
was disturbed by the robbery—I got up, opened my window, looked out, and saw Scully (who has been convicted) going over the top of the tiles, underneath the window where I slept—I called out and gave an alarm—I did not see any other man.
Cross-examined. Q. Was he going away? A. Yes, getting over the tiles; he jumped off the tiles into the adjoining yard, escaping.
MAURICE MUCLAHY (policeman.) I was called to the prosecutor's house on Friday morning, the 4th of Dec.—I went to the Sun public-house yard, a few doors off, and found a coat, in the pocket of which was about ten shillings in coppers, and this life-preserver—I also found two silver tea spoons, and this knife—this lantern and jemmy were given me by Mr. Hickman—I took Potter into custody on Saturday night, the 5th of Dec., and went with him and Mr. Hickman to No. 7, Fulham Bridge-road, Brompton—I there found this waistcoat and trowsers, and a pair of old trowsers—I also found some tea, which Mr. Hickman identified as correspoding with some he had lost—I had known the prisoner before that time—I did not know that he lodge at No. 7, Fulham Bridge-road—I after-wards looked for him there, and have been looking for him since, but could not find him—I found him close in the neighbourhood about three weeks ago, and took him.
Cross-examined. Q. Had you any conversation with the prisoner's mother? A. I had—I said, "Mrs. Lodge, (she is married to a second husband,) do you know these trowsers?"—she said, Yes, they belonged to her son—I found them in the room—I did not say if she identified them he would be acquitted—I am quite certain nothing of the kind ocoured—I would not say anything of the kind.
ELIZABETH HODGSON. I am a widow. In December last I lived in Middle-row, Knightsbridge, which is about ten minutes walk from Mr. Hickman's—the prisoner has lodged with me several times—I saw him after the robbery, but he did not lodge with me afterwards—Potter, Scully, and the prisoner had all three lodged with me before the robbery—Scully had left about six weeks before the robbery, and the other two about three weeks
Cross-examined. Q. Do you know what the prisoner's business was? A. baker, and Potter and Scully also—they were out of place when they lodged with me—I always found the prisoner a very honest steady young man.
JAMES BUMPUS. I am a porter, and have lived at No. 7, Fulham Bridge-road for seven years. I have a slight recollection of having seen the prisoner lodging there—I could not be quite positive he is the man, because I only saw him once, and then it was rather dark—it was about six o'clock one evening near Christmas—to the best of my belief he is the man—a policeman came there to look for him a very short time after the robbery.
ELIZABETH LODGE. I am the prisoner's mother—I thought these old trowsers were my son's; but they have been done a good deal to since I saw them, if they are the same—they are very much like them, but I can hardly say whether they are the same or not.
MR. HICKMAN re-examined. This lantern was found burning on a shelf in the bar when I went down on being alarmed, and this jemmy.
NEW COURT.—Wednesday, September 29th, 1847.
PRESENT—Mr. Alderman GIBBS; and Mr. COMMON SERJEANT.
Sixth Jury, before Mr. Common Serjeant.
2210. GEORGE DEANE was indicted for breaking and entering the shop of William Smith, at St. Leonard, Shoreditch, and stealing therein 1 pairs of hoots, value 6s. 6d.; 22 pairs of shoes, 18s.; 4 half-crowns, 30 shilling, and 15 sixpences, his goods.
WILLIAM SMITH. I am a shoemaker, and live in Hackney-road—I have a shop, and carry on business in Shoreditch. On the night of the 7th of Sept., I fastened up the shop about eleven o'clock—I came at half-past three the next morning, and found the shop broken open—the drawer was taken out of the seat, the money stated, was gone, which I had left in it, and twenty-five pairs of boots and shoes—the door was forced open—I went to the station, and a t half-past seven, to the Globe, in Bird-cage-walk, and found the prisoner coming out—he was taken, and searched at the station, and 2l. 7s. 6d. found on him—I could swear to some of it—it is marked with wax, and one sixpence is defaced, it looks like a bad one—this bill was in the drawer where the money was—it was found on the prisoner.
Cross-examined by MR. BALLANTINE. Q. Was the bill in this state when it was in the drawer? A. No, it has been worn a good deal since then—a corner of it was torn off when it was found on the prisoner—whether it was torn off before, I cannot recollect—this is the sixpence—it is a most peculiar one—it looks like a bad one—there was 2l. 12s. 6d., all in silver, in the drawer—it was all taken but one half-crown and one shilling.
GUILTY* of Larceny only. Aged 28.— Confined Eighteen Months.
MR. O'BRIEN conducted the Prosecution.
LOUISA BRADFORD. I live at No. 2, Wheat-sheaf-court, St. Pancras. Two months ago, last Friday, I met the prisoner at the corner of Penton-street—he asked me if I was going home—I said I did not know—he asked me to drink—I went into the Crown and had a glass of ale—the prisoner went home with me, and remained about two hours—he then got up to go away without giving me anything—I asked him whether he intended to leave me so, and what he was going away for; and he up with his fist and knocked me down twice—I screamed, "Murder"—a lodger came down, and saw the stats I was in—I said, "For God's sake come in, the man is killing me"—he came in and said, "What are you doing to the woman?"—he said, "Get a light and see!"—he went up stairs—while he was gone, the prisoner went away, and locked the door—before the man came down, I had felt the prisoner do something to my thigh—I do not know what it was—I perceived
something the matter with my thigh, and said the prisoner had stabbed me—while the man was gone up stairs, the prisoner took me up, threw me on the bed, took up the contents of the slops, and threw it in my face and eyes—he went away, and locked the door—I fell off the bed, and laid there till the next morning when the person came in—I examined myself—I found a great wound on the left side, on the thick part of my thigh—I bathed it with warm water, but did not go to a surgeon for about a week afterwards—it is dreadfully bad now—I saw the prisoner about a month afterwards, on Wednesday night, when I was in the Crown, drinking some ale with a gentleman—he came in with two females—I said, "That is the man that has got the key of my room-door"—he laughed at me, and said, "Yes, I have got it, and I mean to stick to it"—I said, "That is the man that stabbed me on the thigh"—he said nothing to that—I looked for a policeman to give him in charge.
Cross-examined by MR. BALLANTNE. Q. Did he give you that black eye you seem to be suffering from? A. No, but I met a person who knew him, and got it last Monday week—it was to prevent me from appearing on the Tuesday—I was by the Crown—it was between twelve and one o'clock at night when I got it—I had not been into the Crown—I was going in—I had not been turned out of any other public-house—on the night I met the prisoner I had not been turned out of any house—I know the Merlin's Cave by passing it—I have been into it—I was not in it that night—I was a night or two before—I was not turned out, to my knowledge—I could not be so beastly intoxicated as not to know whether I was or not—it was not at the Merlin's Cave the prisoner met me—it was on the opposite side of the road—I had never seen him before—I did not address myself to him—he came up and asked me if I would have a glass of ale—I did not go into any cab with him—I walked home—I was not rather drunk when I got home—I knew what I was about—I had had something to drink—I was neither sober nor drunk—I was not so drunk that I could not take off my bonnet and shawl—I took all off and went to bed—the prisoner did not want any asking to come to bed—he took all off, and came to bed in his shirt—he was with me about two hours—I do not know what time we got there—we went straight from the Crown there—when the prisoner got up, I got out of bed—I did not take hold of his shirt behind—I took hold of the sleeve of it to prevent my self from falling—it tore—I did not then fall back—I fell down but twice—I did not fall amongst the crockery—there was only a white jug there, that broke, and rolled under the bed—the handle broke off, and a piece broke out of it—I did not fall against the wash-hand stand; there is not one in the room, I swear that—he forced me on the bed, and threw the slops over me—I did not mention that before to-day—I did not forget it—I was too ill to mention that before the Magistrate—when I cried "Murder!" Turner came to the door—at that time the prisoner had stabbed me—Turner had a light in his hand at that time—he just opened the door, in his shirt, and walked away—I said, "Come in, he is murdering me," and then Turner went up stairs to put on his things—I do not know whether that was because he would not shock me—he knew me pretty well, by living in the house—I do not know whether he came down again—he did not come into my room then; when he came down with the light he did, and said, "What have you been doing to her?"—the prisoner did not tell him he had not been doing anything; if he did, I did not hear him—he told him he had better get a light and see—after the prisoner was gone, and the door locked,
I do not know whether the lodger came down again; I was so knocked about I cannot tell—I believe he did call out to me, and say, "Can I do anything for you?"—I answered, "Never mind, I will lie where I am"—I did not say to the surgeon, or to anybody, after this, that I was afraid there was some glass in the wound—the lodger shouted out to me to know what I was making that noise about, before he came down—I did not hear him say, "Bl----t her, she is a regular nuisance in the neighbourhood," or anything like it; or say, "It is not only to-night, but every night"—I am certain he did not say it—I had not been making a row the night before—his woman and I had a row once before—that is the only row I have had.
MR. O'BRIEN. Q. What time was the jug broken? A. It was knocked off the table in the scuffle—when I felt the injury in my thigh I was lying on the side of the bed—it was after I got up from the fall from the blows—I received two blow—I felt this wound before the jug was broken.
EDWARD DELANY. I am a surgeon. The prosecutrix came to my surgery about the 14th of Aug.—I found she had received a wound—it was a circular cavity—the circumference was about three-quarters of an inch, and about half an inch deep—it appeared to have been inflicted some time—it was an old wound—it was granulating—I have not treated it since—she came but once—I should suppose it was inflicted with a blunt instrument—it might have been occasioned if she had fallen on a hard substance with a point to it—it would have required considerable violence to have inflicted it.
Cross-examined. Q. She was a woman of drunken habits? A. Yes, and of course, the wound would not easily heal—it would probably look worse who I saw it then when it was inflicted—if she had tumbled down on the point of a broken jug the wound might have had the same appearance, if it were round.
COURT. Q. Did you not say it must have been done by a metal instrument? A. I should think so.
MR. BALLANTINE. Q. Why by a metal instrument? A. I supposed as at the time—it might have been done by earthenware—if the handle of a jug were straight it would penetrate—the handle of a glass might do it, but glass would be apt to break, and not make a perforation—she did not tell me to look into the wound for any glass—I looked into it, but not for glass—that did not occur to me—she told me she was stabbed about a week ago—she did not say how, nor with what—she said a man stabbed her—I think I attended her four years ago—she is of very disreputable habits, I should think of the lowest class of prostitutes.
ANDREW HESLOP (policeman N 73) On the 26th of Aug. Bradford gave the prisoner in charge—she said he had stabbed her; he heard it, and said he had done it, and he would do it again—as we were going to the station, he said it once or twice—I did not put any questions to him.
Cross-examined. Q. Did you see Bradford recognize the prisoner? A. She pointed him out to me—I was close by—I cannot say that I heard all that took place, because so many people came—Bradford said she would give him in charge for stabbing her—those were the only words I heard—there might have been others—I heard the prisoner use other words to other females—he said, "Let her bring a policeman, I can soon run away from a policeman'—I heard Bradford say at the Police-court, "That is the man that has got my key," or "the key of my door," though I did not at the time she gave the prisoner into custody—she might have said it, and I not have heard it.
night, was that at all a matter of unfrequent occurrence? A. There have been three or four rows with the woman, this is the first that has happened with a man—I have seen Bradford drunk two or three times—she is very violent in her talking—I never saw her strike any one—I have heard her curse and swear—I heard a cry of "Murder!" and came down two or three times—the first time I came without a light, came to the door, and asked what was the matter inside—the man said, "You had better get a light and see"—I had no light, and I did not open the door—I went up and got a light—the man opened the door—Bradford was lying on the edge of the bed with her shift bloody—the man said, "Be quiet a minute;" she said, "the beast is not going to cut and stab me about for nothing"—I asked the man if he had done that—he said, "No, I have not; I have done nothing"—I went back to my room to dress myself—I then heard somebody go out, turn the lock, and go away—the man did not attempt to escape when I came down—he was very civil to me and I to him—he had his shirt on—it was all in tatters, regularly torn down in front—I did not notice any jug or anything broken—after the man went out, I went out to find a policeman—when he went away I heard him draw the key out of the door—on my return I knocked at the door, and asked Bradford if could do anything for her—she said, "No, thank you."
MR. O'BRIEN. Q. The first time you came down you had no light? A. No—the next time I had a light—it was then she said, "The beast has cut and stabbed me"—I was awoke by hearing "Murder, murder!"—when I got in in the morning I found Bradford partly reclining on the bed, I did not examine her—I went to the door, and opened it, and sent a person down to her—I did not look at her at all—I did not notice her in the morning—I did not see any friend of the prisoner's—this is my name to this deposition—(read—"In the morning she was in bed, partly sitting up; I saw her face and shift covered with blood")—it is some time ago—I had forgotten all about it—this is about correct, as far a I can recollect—I might see her face and night-dress covered with blood in the morning—I would not take my oath to it.
(The prisoner received a good character.)
GUILTY. of an Assault. Aged 25.— Confined Nine Months.
Before Mr. Common Serjeant.
RICHARD JOSEPH IRELAND. I live at Plaistow, and am a farmer and gardener, in partnership with Elizabeth Frances Ireland and another—we had some onions growing in our field—I observed footmarks there, and saw about a bushel of onions which were taken out of a bag—they were very remarkable—there were some foreign onions among them—I knew to be ours.
JOHN LOVETT (policeman, K 98.) On the 15th of Sept., at half-past five in the morning, I was on duty in the Barking-road, and saw the prisoner coming in a direction from the field where those onions were—directly he saw me, he put this bag down, sat on it, and pretended to be lacing his shoes—I went and asked him what he had got—he said a few things belonging to him—I
asked what they were—he said a few onions, if I must know, that he was going to take to the railroad to his father—I asked what he was to do with them—he said to sell them to his mates—I asked where he got them—he said from his father's garden, and described where the garden was, two doors from the Greyhound—I went, there was no garden there—I took to the station.
Prisoner. I said three doors from the Greyhound. Witness. You told me two doors first, and then you said three or four—I have no witness to prove that I saw you—I took your shoe off, and it corresponded with the marks in the garden—the bag contained about a bushel or onions.
GUILTY. Aged 20.— Confined Three Months.
RICHARD JOSEPH IRELAND. I am in partnership with my mother, Elizabeth Frances Ireland, and my brother—we are gardeners, at Plaistow—we missed some onions from a field adjoining the Barking-road—I saw them safe between five and six o'clock in the afternoon, on the 9th of Sept.—I have seen some of them again—I can swear to them.
Prisoner. What can you swear to it by; I could have bought twenty like it where I bought it—mine had a mark on the corner of it? Witness I never examined that, but I know it is your handkerchief.
GEORGE HARRISON (police-sergeant, K 15.) I was on duty in the Barking-road, on the morning of the 10th of Sept.—I saw the prisoner come from gate in Mr. Ireland's field—I turned my light on and saw he had a suck—he left the sack and crossed to the Green-gate public-house—I found it was full of onions, and the month of if tied with this handkerchief—I went to him he laid down on his belly—I shook him, he pretended to be drunk—I discovered he had lost the handkerchief from his neck—I asked what he had done with it—he said he had lost it—I said I had found one, and showed it him—he said it was not his—I took one of his shoes off, and found a great number of marks corresponding with it in the field where the onions were.
(The prisoner received a good character.)
GUILTY. Aged 24.— Confined Nine Months.
Before Mr. Recorder.
SAMULE RIPPINGLE. I live at I Hford, and am coachman to Mr. Thompson. On the 24th of Aug. I was working at the Infant-school, at Hford—I left my jacket in the porch of a private house adjoining the school-room—there was a handkerchief in the pocket—I missed my jacket and handkerchief
about four o'clock in the afternoon—they have been shown me since by the officer—these are them—I never saw the prisoner till I was at the bench at Ilford.
CHARLES ROWBURY (policeman, K 347.) On Tuesday, the 24th of Aug., at half-past five o'clock in the afternoon, I saw the prisoner in Stratford—he had a bundle—I stopped him, and found in it this jacket and handkerchief—he told me he got them from Romford—I had seen him at Forest-gate, about two miles from Ilford, at half-past eleven o'clock in the morning.
Prisoner's Defence. I had been a long time without anything to eat; I saw the jacket, and took it.
GUILTY. Aged 21.— Confined Three Weeks.
2215. HUGH TULLY was indicted for breaking and entering the dwelling-house of Mary Cooper, and stealing therein 1 counterpane, value 9s.; and 1 gown, 1s.; the goods of Margaret Cooper; to which he pleaded
GUILTY. Aged 26.— Confined Twelve Months.
Before Mr. Recorder.
GUILTY. Aged 29.—Strongly recommended to mercy by the Jury. .— Confined Seven Days
Before Mr. Baron Platt.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
MERCY LYDIA BYWATER. I am the wife of William Bywater, of St. Paul's Deptford—I knew the deceased for seven years—her name was Mary Hutchings—she was the prisoner's wife—I lived next door to them. On Sunday evening the 22nd of Aug., I was called into their house, about eight o'clock, or it might be a little before—I directly went up stairs, and found the deceased down by the side of the bed—she was dressed—she was very bad indeed, and complained of pain at the bottom of her stomach—she was very sick—I undressed her, and got her into bed—the prisoner was at home, their two sons and the youngest daughter, that is all the family that are at home—the deceased said she was very poorly, and I went down stairs to the prisoner, to get some brandy for her—I got some from him, he mixed it in hot water, brought it up stairs to me, and I gave it to the deceased—she drank it, and threw it up immediately—the prisoner had sent out the boy for the brandy—I had no conversation with him while the boy was gone for it—when I first went into the house, he said to me, "Mrs. Bywater, I wish you would go up to my wife; she is very bad, and she has been taking some d—stuff or other" that was before I went up stairs.
COURT. Q. Did you tell deceased what her husband had said? A. No—I asked her what she had been taking, and she said, "Only a little jalap"—when I came down stairs, I told the prisoner that his wife said she had taken nothing else only a little jalap, and he said that it was a d—d lie, he knew that she had taken something else—he said it was bitter orange, he could not recollect exactly—and next morning he said it was bitter aloes.
Q. When you came down and said she had taken something else, did he then tell you what that something else was? A. Either bitter orange, or bitter aloes—he told me that at that time, when I came down.
MR. HUDDLESTON. Q. I believe you asked him to make some tea? A. Yes—he did so, and he told me that he had made some before, in the after-noon—I gave the tea to the deceased, she threw it up directly—I also gave her some beer, which she threw up—I came down stairs, and said, "Mr. Hutchings, you must send for a doctor, and you must have some brandy for Mrs. Hutchings, she is very bad"—the eldest son at home went for Dr. Downing, who came about nine o'clock or half-past—I got the assistance of Mrs. Moulton, a neighbour, to attend on the deceased—she continued getting worse, and died about half-past one on the Monday morning.
Q. What sort of a woman was Mary Hutchings? A. She was a very nice woman, and one might be very comfortable with her—the prisoner and her lived on very bad terms—I had no conversation with the prisoner before his wife's death, as to the state in which she was—I do not remember it—I told him once that Dr. Downing said she was in a dangerous state.
Q. Did he say anything to you about arsenic? A. He said he had some arsenic in the drawer—that was said in the morning, after the corpse was laid out—he might have mentioned it to me before—I cannot say exactly, but it was mentioned when we were all sitting down to have a cup of tea, after the corpse was laid out—he said in the first place that he broke the drawer open, took the bottle out of the drawer, and emptied the contents into the fire—he then said he threw the bottle into the garden; then he said he threw it into the field, and after that he said he gave it to the boy to threw down the privy.
COURT. Q. Did he say when he had broken open the drawer? A. About half-past five in the evening, as near as I can tell—he said he had broken open the drawer about half-past five in the evening—he mentioned it on the Sunday evening as well.
MR. HUDDLESTON. Q. You are giving a very confused account, did he say anything on the Sunday evening about the arsenic? A. Yes—he said in my presence that he had broken open the drawer, and taken the arsenic away, and that these was no more in the bottle than you could lay on a sixpence, or his thumb-nail, and that he had thrown the contents into the fire and given the boy the bottle to throw down the privy—I cannot say at what time on Sunday evening it was that he said that—it was in the course of the time that I went up and down stairs—it was before the deceased's death—I do not know how long before—it was not the tea was prepared—I was not sent for till eight o'clock in the evening—if you will give me a minute's time to consider I will tell you—I think, as near as I can judge, it was about ten o'clock that he mentioned about the arsenic—that was after Dr. Downing had been.
COURT. Q. When he mentioned this at ten o'clock on Sunday night, did he mention at what time he had so broken open the drawer? A. Half-past five.
Q. Did he state at that time why he broke open the drawer? A. Because he was afraid his wife had got to it; that he threw it away in case she had got to the arsenic—he did not know whether she had got to it, or whether she had not, but he threw it away for fear she should get to it, as she was so bad—he did not say, in case she had got to it, but in case she should get to it—I might have said "in case she had got to it"—I do not know that I did.
Q. Do recollect yourself, it is exceedingly important, perhaps on the breath of your mouth hangs the life of this man? A. He said that in case she had got to it that he had made away with it—in case she should get to it, I mean—he did communicate to me a fear that she had got to it, and he threw it away to prevent her getting to it, and yet he said he knew she could not have got to it, for the boy had got the key of the drawer, and yet he was afraid she had, through her being so had.
Q. Did he say that all at once? A. One after the other.
MR. HUDDLESTON. Q. Was this said on the Sunday evening? A. Yes, and on the Monday, towards the evening, he said there was no more in the bottle than you might lay on a sixpence, or the top of his thumb-nail—then he said he had thrown the bottle into the garden; then he said he threw it into the field, and then he said down the privy—the daughter-in-law made answer and said, "Which did you do father, why don't you say one thing?"—and then he said, "I gave the bottle to the boy to throw down the privy.
Cross-examined by MR. BALLANTINE. Q. Were you the constant companion of the unfortunate woman? A. I was, we were great friends—that was known to her husband—when I came in and found her in this state of pain I was of course a good deal excited—I got a bottle of hot water to put to her stomach—I had a young baby with me, and I put it in bed by her side, and she wished me to come to bed with her—I had been with her before when she was poorly—she seemed very anxious for me to do everything I could for her—I went into my own house and fetched the hot water for her stomach.
Q. Do you happen to remember who it was that first mentioned about arsenic? A. Mr. Hutchings himself—the first time he mentioned it I do not think any one was present but myself—on the following morning, when it was talked of, Mrs. Moulton was present, and a person who we called in to lay the deceased out—it was after her death, proposals were made for me to go to Mr. Downing for the certificate.
COURT. Q. Did you undress her? A. Yes—she had a pocket—I did not see the pocket till after her death—I did not see the contents of her pocket, only as the prisoner took out of the pocket the money that he had given her before.
Prisoner. I did not touch it—the pocket was brought down stairs and given to me. Witness. I did not touch it myself—it was brought down stairs and given to him.
COURT. Q. My inquiry has reference to a key, not to any property? A. I did not see any key—I was a very particular friend of hers for seven years—I never saw any drawer or any place that she herself locked up—there might have been—I never saw her lock any up—what I had the use of after her death was all left open, not locked—I opened them—they were not locked—I do not think there were any locks to the cupboards—I believe there were locks to the drawers—I cannot tell whether she had any key to those locks—I did not look inside her pocket—I undressed her, but I did not think of
looking into her pocket for keys—I did not go to the drawer that was said to have been broken open, because the husband and son had nailed the lock on again—I saw the outside of the drawer—I did not see any other drawer there locked up—that was the drawer that belonged to the boy—it was one of a chest of drawers—all the drawers were not locked—I cannot say whether some of them were—I did not try them all—I tried some, and those that I tried were all open—they had locked on—the deceased used to place some clothes in those drawers that were in her son's room, as well as in other part of the house.
Q. Who sent for you to come to her? A. The prisoner, by his little boy—I did not hear him say he was glad I had come—he wished me to go up to his wife to assist and help her—I went to do that.
Q. Do you recollect, at any time before she died, her stating to you that she expected she should die? A. She used sometimes to say to me that she thought she should die a very bad death; not during this illness—she expected to get well when she got rid of her pain—she had not the least doubt of it, for she even said to me and the person with me, "We will have a cup of tea together about two o'clock"—I do not think she made any observation to her husband when he came up with the brandy—she was very thankful for everything she had—I do not know that he said anything—he only said, "There is the brandy"—she said nothing to him then—she had a fit, and I went down stairs directly, and told him there was something bad, that I was afraid there was something broken—he came up, and said, "Dear Mary, how do you fell now?"—she made answer, "Oh, I am not any worse," and he directly went into the next room and called his eldest son, that was at home, to come and see his mother—he then went down stairs, and knocked for his eldest son, that lived a door or two away, for him to come and see his mother as quick as possible—the deceased complained to me of a pain in the lower part of her belly—she said something to me—the prisoner was not by at the time—when I went to her she was lying in her own room, not in the room where the chest of drawers were—they were in the son's room.
MR. HUDDLESTON. Q. Did you hear any noise from their room the night before? A. No. I did not.
MARY MOULTON. I am the wife of William Moulton, of St. Paul's Deptford. I was called in by Mrs. Bywater to the house of the deceased before her death—after her death, we went down to have a cup of tea, and whilst we were sitting having it, the prisoner said that Mrs. Hutchings was down stairs to dinner on the Sunday, and after dinner be went to lie down, and after being up stairs a little while he heard her groan—that he asked her what was the matter, and she said, "Oh, nothing particular"—he said he was up stairs, that he laid a little while longer, and he got up to see about his youngest son—that he heard her groan again, and he said, "What is the matter with you? what have you been taking?"—she said, "Only a little jalap"—he said, "That be d—d, you have been taking something else, I know"—he did not say what—directly afterwards, he said, "I had some arsenic in the house; and I took and broke open the drawer and made off with it"—I had known the deceased for some time, not to be particularly acquainted with her—her husband and her did not live happily.
COURT. Q. Were you long in her room before she died? A. I was with her about two hours before she died—she died almost on my arm—I do not know whether she had any keys—there was nothings of that sort found in her pocket—her little girl used to come to school to me, and we used frequently
to stand and speak at the door, but I was not in the habit of going to sit and chat with her—she had three fits before she died—I remember the prisoner coming up and addressing her as "Dear Mary"—he took hold of her hand, and said, "Mary, my dear, how are you now?"
Q. As far as you could judge, did her appear to be sincere in making that inquiry after her health? A. I cannot say anything as to that—I did not notice that she withdrew her hand from him—I do not know that I should have noticed it if she had done so, as I was on the other side of the bed—he merely spoke, and went down again—her reply was, "I am a little better," or "I am no worse"—I cannot say exactly what time this was—I think it was about eleven o'clock at night—we were down stairs at breakfast by two o'clock—the doctor had been then—Mrs. Bywater saw him—some medicine was sent to relieve her of her pain—I was not present when it was given—Mrs. Bywater had given it to her before I went in—she did not complain of any pain particularly at the time I was there—she was not in any rack of pain but what she could bear it—she complained to me of pain in her inside.
THOMAS HUTCHINGS. I am the prisoner's son—I was sixteen year old last Aug.—I lived at home with my father and mother—about two months ago my father got some arsenic from an ostler named Wheeler, for the purpose of killing the cats which came into the back yard, and ate my young chickens—the arsenic was in a phial—it was not mixed in anything—it was a powder—after it was brought home, some of it was mixed for the purpose of putting in the garden to kill the cats—my father helped to mix it—I cannot say whether any of the cats were killed by it—I found no dead cats in out garden—my father put it out for them, I did not—I have seen him put it out—it was kept in my drawer, locked up, in the back chamber up stairs—I had the key of it—it was not in the room where my father and mother slept—it was in the room where I and my little brother slept—I have a sister younger than my brother—she slept along with my father and mother, in the front room, on the same floor as ours—I think I had seen the arsenic on the Sunday before my mother's death, not after that—that was seven days before—I had not opened the drawer for seven days before—I did not then go to it for the purpose of getting the arsenic—I saw it was then safe, and I looked the drawer—on the Sunday on which my mother died I had the key of that drawer in my pocket all day—I have it now (producing two keys)—the small key is the key of the drawer—the other is a key that was picked up and given to me, it does not belong to anything—I do not think my mother knew about the arsenic being there—I never mentioned the arsenic in her presence, that I know of—I had no reason for not letting her know it—the bottle was not half full when I last saw it—on the Sunday morning in question I got up to have my breakfast—I had it in the usual way—I do not know who got it ready—my mother came down to breakfast—I do not know whether my father was down first—I do not know whether I went out after breakfast or not—I did not go out and come back at dinner time—I dined at home that Sunday, when I came home—I do not think I went out that Sunday morning—we dined about one o'clock—I think I was at home the whole of the day till dinner time—I took the dinner to the baker's—I think I came back directly—I did not go to church—my mother was down at dinner—we had a baked pudding, baked potatoes, and a piece of beef, I think—my mother ate some dinner—she seemed to be not very well, and did not eat much dinner—about half an hour after dinner she was sick and vomited—I went out a little after two o'clock, soon after I had seen my mother sick—she was then down stairs in the front room—my
father went up stairs to lie down, as he mostly did of a Sunday afternoon—he went up immediately after dinner—I came home again at past five o'clock—tea was nearly ready then—my father was then down stairs—I think my younger brother was there—they were getting the tea ready—my mother was up stairs—I went up to see her before tea—she was lying on the bed in my room, the same room in which the drawer was—I think she had her clothes on—she was groaning—she did not appear to be much worse than when I went out that I could see—I do not recollect that my father said anything to me before I went up to see my mother.
Q. Try and recollect, did he say anything about the drawer? A. Yes, he told me he had broken my drawer open, and taken the bottle out, and emptied the stuff into the fire—that was down stairs as soon as I came in, before I went up to see my mother—I do not recollect that he said what he had done with the bottle—I will tell the truth—I cannot recollect that he said anything about the bottle.
Q. Did he give you any reason for having broken open the drawer and emptied the stuff into the fire? A. Yes, because my mother had told him she had taken jalap, and he said he thought she had taken something more than jalap—that was all he said about it—it was then that I went up stair and found my mother groaning—I found that my drawer was taken out, and placed on a box—the lock was broken, as if it had been forced, and the bottle was gone—the drawer was lying a very short distance from the bed where my mother was—I do not recollect that my mother spoke to me when I went up—I said nothing to her then about the drawer or the bottle—I did when I went up a second time—the first time I went up I put the lock on the drawer again—my father came and helped me to nail it on—her went up with me—I got some nails, put the lock on again, and put the drawer in its place—my father helped me to do it—I heard nothing pass between my father and mother on that occasion—there were no other bottles or any medicine in that drawer—I think my father came down out of the room with me after meading the drawer, I am not certain—I went up a second time, after I had my tea—after putting on the lock, I went down and had my tea—me father was there while I had my tea, as well as I can recollect—I think there was ten poured out for my mother—I cannot say who took it up to her—I do not think I did—some tea was taken up by somebody—I saw it taken up, but cannot tell who took it—I cannot tell whether it was my father or my little brother—I cannot say who poured out the tea for her, I did not—it was about six o'clock that we had tea—my mother was ill at dinner time—she had been well enough in the morning to get the dinner ready and make the pudding.
Cross-examined. Q. Do you know anything about your mother having taken any jalap? A. No, I know nothing about it either one way or the other—the pudding we had was plain pudding, under the meat—I had taken it to the baker's and brought it home—we also had a cold mulberry and applepie, baked on Saturday—it came up whole on the Sunday, it had not been cut—I kept books, pictures, and things of that sort in the drawer where the arsenic was—I was in the habit of keeping the key in my trowser's pocket—I got up that morning a little before nine—on other morning I get up at five o'clock—my mother knew that I had this drawer locked, and that I always had the key with me—I had on the same trowsers that I have now, on that Sunday morning—I have a pair of better ones at home—I do not remember ever leaving the key in my other trowssers I had on my best trowsers that Sunday—I have bought these since—I
wore the same trowsers on the Sunday that I had worn on the Saturday—I think my mother was up before me on the Sunday morning—I do not remember whether or not she came into my room—she used not to come into my room to call me of a morning—she used to call me at the foot of the stairs—I do not think she called me that morning—my little brother is eight years old.
Q. Where was this arsenic set to kill the cats? A. In the back garden, on the tiles—it was not done in the day time, but at night—I used to set it at night—I went down with my father to set it—I have seen him mix it up in a bit of grease in a bit of an oyster-shall—I have seen him take it out of the bottle for that purpose—he shook it out into the oyster-shell—I have not known the oyster-shell to be left about, before it was set in the garden.
Q. Did he borrow your key for that, or used you to open the drawer for him? A. I used to open the drawer—my mother was in the house at the time—she was not much out—I do not know whether my little brother knew that I had it or not—I had chickens which the cats used to kill—I work at Mr. Emery's, the cooper—I am not an apprentice there—I get regular wages, 7s. a week—my father is a cooper—he did not become very ill some time ago—I do not know that he was ruptured—he was in regular work at this time—I put the dinner on the table on the Sunday—I cannot say whether my mother was sitting down at the table at the time or not—I saw her make the pudding between ten and eleven o'clock—she made it in the back room down stairs—I am quite sure that the arsenic was never poured out into anything but an oyster-shell, or a bit of pantile, or something of that kind—I never used a saucer or cup—I have never lent my father the key of the drawer—the arsenic was not poured out in the room, but in the back yard—the bottle used, to be taken out into the back yard, as far as I know, and there it was used, and then it was taken back again and put into the drawer—the bottle was. I think, about half full when I first had it—I knew it was poison, and that it was dangerous, and was careful about it—the word "poison" was written on a paper that was on the bottle—I cannot read and write—I cannot read writing—I had a Testament and another book in my drawer—I have read the Testament sometimes—my father did not buy it me, it was my grandfather's, and I had it—I never knew of my mother taking much medicine.
MR. BODKIN. Q. Could you read the word "poison" on the bottle? A. No—I know that it was "poison" that was on the paper—I cannot say whether it was printed—it was on a piece of paper tied with a string round the neck of the bottle—I could read the word "poison" on it—I cannot tell how many times I have had it mixed in the garden to kill the cats—I do not think it was as many as six—it might have been three or four times—I cannot recollect the last time I mixed it—I had not done so on the Saturday before my mother died, nor for weeks before—I had on the same trowsers on the Sunday till dinner time that I had had on the Saturday—I then changed them—that was not after my father had emptied the stuff—it was just at dinner-time—after dinner—when my father told me that he had broken open the drawer, I felt in my pocket to see whether I had the key—I am quite sure I had it then in my pocket—those were my best trowsers, that I had put on after dinner.
COURT. Q. Your habit was to rise early in the morning on a week-day? A. Yes—I usually got home a little before eight o'clock at night—I generally went to bed about ten, or a little after—I and my little brother mostly went to
bed before my father and mother, leaving them up, below stairs—I always took off my clothes when I went to bed—I do not lay awake much at night—I used to sleep very sound—I have seen the cats come into the garden and run away with my chickens—I have mentioned before my mother that the cats used to kill my chickens, and I used to say that I would do something with them that they should not have my chickens—I never told her what I had got to prevent them having my chickens—when the poison was to be mixed I used to go up stairs myself for the bottle—my father was below stairs—he would send me up when my mother was there—there was no secrecy about it at all—my mother must have heard my father give me directions to go up and get the bottle—I cannot recollect what he used to tell me to go up for—I do not know whether there were any other drawers in the house locked up except mine—I dare say there were—my key was the only one in the house that would fir the drawer—I never tried it to see whether it would fit any other drawer—I have never seen my father or mother with any key—I do not know whether anything else was locked up in the house besides my drawer—I never went to any other drawer—I cannot say whether my father had any drawer that he locked up—I dare say he had—my mother had some boxes—I think she had keys to them—I never went to them—I think my mother knew that the arsenic was in the drawer—I am not sure—if she had asked me whether I had such a thing I should not have denied it, because I have said that I would get something for the cats—my mother was down stairs when I said that—my mother was crying after she made the pudding—my father was gone out then—I went with the pudding to the baker's—I cannot say how long I was gone with it—I do not think it was a quarter of an hour—when I came back I stayed in the house until I went to the barker's again—I was with my mother during that time, as far as I can recollect—I was in and out of the back yard and about—my mother was down stairs when I came back from the baker's the first time—I cannot tell what she was doing—I went for the dinner about one o'clock—we all ate the same thing—every one of us ate of the pie, the pudding, and the beef—mother did not have any pie—she did not eat much dinner—she did not seen very well, I thought—I do not think she ate as much as she usually did—about half an hour after dinner she was sick—I was in the house during that time—I cannot tell at what time my father went out that morning—I think he was out at the time she was crying—I am not sure—he did not come home before I took the pudding to the baker's—he came home while I was gone for the dinner—I think he went out before my mother began to make the pudding, but I am not sure—I went up twice to my mother at tea-time—I do not think my father was up both times with me—he went up the first time, and assisted in putting the drawer to rights—I do not think he was up the second time.
JURY. Q. Did your father ever keep any spirits or sugar in the house! A. We mostly had sugar in the house—it was kept in the sugar-basin—it was not in a closet, and was never locked up—I could take what I pleased—we only had one chest of drawers in the house—I think this key would unlock the whole of the drawers—I never tried to lift up the lids of the boxes—I did not go into my mother's room very often—I never tried the key, except to my own drawers—I had two drawers; one I kept my clothes in, and the other was a half-drawer—the same key unlocked both drawers.
COURT. Q. Were the drawers that you used, the two small ones at the top? A. One of them—the bottle was in that one—I did not use the other small drawer—it used to be kept for nails, or anything of that sort—I think
there were three large drawers—there used to be clothes put in them—I do not know whose clothes—there were many things put in that I did not know of—mine and my father's clothes were put in—I do not think any of my mother's clothes were put there—there were shirts of mine and my father's—my mother used to look after our shirts—the three large drawers had locks on them—I believe they all had locks, except one of the small ones where the nails were—I never knew any other drawer to be locked than the one I had the bottle in—I am sure they never were.
CHARLES HUTCHINGS. I am between eight and nine years old. I slept with my brother in the room next to my father and mother—I remember bearing my father come home on the Saturday night before my mother died—I do not know what o'clock it was—I do not know how long it was after I had gone to bed—my mother was in bed, she got up, went down, and let him in, and he came up stairs, and went to bed—I heard something take place between him and my mother after he came home—I cannot recollect what it was—my mother said, "You have begun your games already"—I do not recollect what my father said—I have given an account of what he stated, before to-day—no one has told me not to state it now—he spoke loud—he said, "Hold your tongue"—I heard my mother call him a villain, and my father hit her—she was sitting up in bed—I did not see her—I heard her get out of bed and go down stairs, and I heard the front door shut when she went out—she slammed to the door—I do not recollect whether my father called out anything after her as she was going out—I told the gentleman who examined me what he said, one Saturday night after my mother's death—I remember going before the Coroner at the Garrick's Head, and to Mr. Sandham's office, in High-street, Deptford—I told Mr. Sandham what my father called out to my mother as she went down stairs.
Q. Then, now tell us what you told him, if it was true? A. He called her, "Oh you faggot!"—that was when she went up stairs—my father slammed the door when he came in, and said, "Oh you faggot!"—he then went up stairs to bed—then he struck her, and then she got up, and as she went down stairs, he said, "You had better not come near me to-night"—I saw nothing more of my father and mother till next morning at breakfast time.
COURT. Q. You say she went down, did she go out of the house? A. Yes—I heard the door shut—she pulled it to, hard—she did not slam it—she pulled it to, hard, with the knocker—I did not hear my mother come in again—I went to sleep shortly after.
MR. BODKIN. Q. Was your brother asleep at this time? A. Yes in the same bed with me—after breakfast next morning I went to school—I came back at twelve o'clock—I cannot remember who let me in—my mother was out in the yard, cutting some cabbages for dinner—I afterwards went out, and fetched the dinner beer—my mother did not eat so much at dinner as she generally did—when dinner was over, my father went up stairs to lie down, and my mother went to lie down in the back room, not the room where we slept, but in the room where we had out dinner—I do not know what room my father laid down in—he went up stairs—soon after that, I went again to school—I came back at half-past four—my mother did not go up stairs after dinner—when I came back, my father and mother were up stairs—I did not go up stairs to see—I knocked at the door twice when I came home, nobody came, and I got over the place—I did not find anybody down stairs—I made the fire, to get the kettle to boil for tea—while I was doing so, my father came down stairs—I do not know whether my brother came home—I did not see him there at tea time—my mother stayed up stairs—my brother was not there
at the time the tea