CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 25TH, 1847.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, October 25th, 1847, and following Days.
Before the Right Hon. SIR GEORGE CARROLL , Knt., LORD MAYOR of the City of London; the Right Hon. Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Cresswell Cresswell, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; Matthias Prime Lucas, Esq.; Thomas Kelley, Esq.; Sir Chapman Marshall, Knt.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Q.C. and M.P., Recorder of the said City: John Kinnersley Hooper, Esq.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; William Hughes Hughes, 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. TWELFTH 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, October 25th, 1847.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL., Knt., Alderman; Mr. Alderman GIBBS; Mr. RECORDER; Mr. Alderman HOOPER; and Mr. Alderman WILLIAM HUNTER.
First Jury, before Mr. Recorder.
GUILTY.— Confined Six Months.
GUILTY. Aged 16.— Confined Seven Days.
GUILTY. Aged 20.— Confined Six Months.
GUILTY. Aged 16.— Confined One Months.
NEW COURT.—Monday, October 25th, 1847.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Alderman; and EDWARD BULLOCK, Esq.
Fifth Jury, before Edward Bullock, Esq.
2277. JOHN WILSON and WILLIAM ROWE were indicted for stealing 200 rafters, value 10l.; 8 purloins, 3l.; 12 principals, 3l.; 3 king-posts, 10s.; 4 tie beams, 2l.; 300 gutter boardings, 10s.; 1 door, 3s.; 16 girders, 8l.; 200 feet of flooring, 5l.; 150 joists, 10l.; 30 window sashes, 2l. and 10 window frames, 1l.; of Robert and William Whitmore; fixed to a building.
MR. WILDE conducted the Prosecution.
WILLIAM GARDINER. In August last I was the assignee of a sugar-house in Wellclose-square—this is the assignment under which I took possession—the lease expires at Lady-day, 1854—I was desirous of disposing of the residue of the term last Aug.; in consequence of which I communicated with a person named Adams, and subsequently saw the prisoner Rowe—the first time I saw him was on Monday, the 9th of Aug.—he expressed a desire to see the premises, I showed them to him—he made a proposal to me for the purchase of the residue of the term—he agreed to give me 100l. for it, for the purpose of making an alteration, parting part of the warehouse, and enclosing a counting-house—he said he should use the building for housing materials—he did not say of what sort—I understand from him that he was a builder, and was building houses in various parts extensively—he mentioned several places—in consequence of that, this agreement was drawn up—this is Rowe's writing to it—I had seen Wilson with Rowe on the 11th of Aug.—Rowe introduced him as his friend—this agreement was signed in Wilson's presence—Rowe showed it to Wilson, and consulted him, and Wilson read it—upon that, an order was given by Rowe on Mr. Wilson for 5l.—on the morning of the 12th of Aug. that order was paid by Mr. Wilson, at his residence, is Stoke-Newington—I saw Rowe again on the 17th of Aug., when there was 10l. more paid—I saw Wilson when that was paid—there had been a previous arrangement made with reference to 20l.—that was the sum agreed to be paid by the parties, and 15l. was paid—I said they could not have possession till the purchase-money was paid, and that was 100l.—the agreement stated the arrangement was to be completed in fourteen days—(The agreement was here read)—"Memorandum. Mr. William Gardiner, of No. 4, Paradise-row, Stoke Newington, doth hereby agree to sell, and Mr. William Rowe, of No. 10, Cambridge-road, Mile-end, builder, to purchase, for the sum of 100l., the lease (of which there is about seven years unexpired) of all that brick-bulk sugar-house, with the ground and appurtenances there to belonging, situste and being on the south side of Wellclose-square, Ratcliff-highway, in the said county of Middlesex, and adjoining on the south side there of to another sugar-house, not belonging to the said William Gardiner; and also all the fixtures, articles, materials, and things now being in, upon, or about the said sugar-house, hereby agreed to be sold, and whether forming part there of or not. The ground-rent payable by the said lease, to be paid and cleared up by the said William Gardiner to the time of completing the purchase, and so objection is to be made by the said William Rowe to the title, on account of any breach of the lessee's of assignee's covenants in the said lease, not the lessor's title required, nor any abstract of the title of the said William Gardiner
required to be furnished, it being expressly understood by and between both the said parties that the delivery of the original lease, and such other documents as are in the possession of the said William Gardiner, by him to the said William Rowe, shall be deemed as showing a good title to the said sugar-house. Five ponds now paid as a deposit, and the residue of the purchase-money, to be paid on the 23rd August now instant. when Mr. Gardiner is to execute to the said William Rowe an assignment of the said lease, to be prepared by Mr. William James Adams, at Mr. Rowe's expense; Mr. Rowe, in addition, to pay any district surveyor, or any parochial authorities, fees heretofore payable, or any expense incurred in shoring up the said sugar-house, and indemnify Mr. Gardiner therefrom. As witness our hands, this 11th day of August, 1847. (Signed) WILLIAM GARDINER, WILLIAM ROWE. Witness, WILLIAM JAMES ADAMS."—On Friday, the 20th of Aug., in consequence of some information, I sent two men to the sugar-house, in Wellclose-square, and on Saturday, the 21st of Aug., I went there myself—I saw Wilson on the premises, and a great many persons—I spoke to them all generally—I found the sugar-house in a very confused state—I observed the joists, the rafters, and the purloins were all about, and the roof was open—I do not think the roof was off that day—the bricks were being carted away—the joists and boarding were not removed till a day or two afterwards—by the 25th they were gone—I told Wilson and the men, when I saw them on the premises, that what they were doing would bring them to the Old Bailey. that they were committing a robbery—Wilson appeared to be a foreman or master over the men; they were all at work, he appeared to be the principal—on the Wednesday following he told the witness Keeling, in my hearing, that he wanted something for the money he had advanced—he took up some of the bricks, and carried them away—he said, "Don't take the men, take me"—I gave no right of entry to Wilson or to Rowe—they made no application to me to be allowed to get possession of the premises, nor any person on their behalf—I did not give authority to Wilson or Rowe, or any other person, to pull down the premises.
Cross-examined by MR. CLARKSON. Q. What are you? A. I am out of business—I do nothing for my living—I am a man of small fortune—I live on my property—I have said this assignment was sold by auction—I do not know whether I said that I bought it by auction—James Adams who prepared the agreement is assistant to an attorney as a conveyancer—he lives in Devonshire-street Mile End-road—he is a housekeeper—I commissioned him to find somebody to buy this property of me—there was no hoard round it—there were no posts up preparatory to it—I never heard that the parish had complained of it as being dangerous—there had been a strut against it—it would not have been on the ground but for that—quite different—I do not know who put the strut up—the premised were shut up from 1844, when I became possessed of them till 1847—I gave 20l. for them to the trustees under the will of George Witty—there were a great many fixtures in the sugar-house when I bought it—I sold some of them—I do not know howmuch—I have not got my 20l. back again—I spent a great deal more thanthat—I have not laid out much on it—I have not employed people to gut it—I did not take the fixtures out; they are there now—I took some part out—I took out some clay-rails—I do not know whether that was all that was taken, I was not there—I sent a lad to take some—one pipe was taken out for an alteration—we were going to repair the house for a sugar-refiners—I do not recollect when that was, it was in 1845—that was one single iron pipe—it is in reserve for the freeholder—I believe the person who had to mend the windows has the pipe now—I did not give him the pipe for mending the windows—the
pipe does not belong to him, he brought it away among some clay-racks—nothing else was brought away that I know of—I did not take the iron railings out, nor cause them to be taken out—I never tried to get a man into the house to sell them to him for wrought iron, nor did he tell me it would not do, it was all cast—I did not take any man in—I did not take the iron to a man instead if taking a man to the iron—no such thing—I never said I should have cleared the place of all the iron if it had been wrought iron, but it would not do as it was cast—I never sold the premises to pull down, certainly not—I do not know whether I told Rowe that the fixtures were worth 50l.
Q. Will you tell me what the meaning of these words are in this agreement? "All the fixtures, articles, materials, and things, now being in, upon, or about, the said sugar-house, are hereby agreed to be sold, whether forming part thereof or not." A. That means the counting-house fixtures—I believe I met Wilson, Rowe, Robinson, and a man named Matthews, at the Devonshire Arms to talk this matter over—Robinson and Matthews were to go to look at the premises—I have a carpenter named Carter, I do not call him a foreman—I am out of business—I am not a carpenter—Carter is a jobbing carpenter—I referred the parties to Carter who had the key of the premises to show them—when we all met at the Devonshire Arms I went to Carter's—he had not the key then; he might have mislaid it—he wrenched of the" padlock and hasp in my presence—I ordered him to do it.
Q. Was not the object of your meeting at the Devonshire Arms to enable these people to ascertain whether that portion that could be pulled down was sufficient to pay them their 100l., whether they could get for their the 100l. what you had for 20l.? A. I do not know.
Q. Did you state that you bought the whole of the interior at a sale by auction, that the fixtures were yours, and that you purchased them to prevent the place being pulled to pieces? A. I said nothing about pulling down—I said I bought the fixtures—I did not say that I purchased the whole of the isinterior at a sale by auction, certainly not—here is the catalogue under which I bought (producing one)—I did not say that I had not made up my mind whether I would pull it down or not, but I had since concluded to have it pulled down and sell the materials—Robinson remarked that the sugar-house was of no use except for the purpose of pulling down, and I told him that could not be—I did not say there was nothing to hinder my doing so, and that Adams, my legal adviser, had stated that he had been a whole day perusing the deeds which were a yard high—I said I had not got the deeds then—Adams never saw the deeds—I did not add that there was nothing to prevent them pulling them down, as I had never been asked for ground-rent since I had been is the place—I had not been asked for ground-rent; I had not paid any—I took an assignment of a leasehold interest on which ground-rent was payable, and had not paid any—I do not know that I said that I had not been asked for ground-rent, and that it was not likely I should, as the only claimant to it was an old woman, and she had lived on the Continent many years—I said it belonged to an elderly lady, and I believed she was abroad—I believe Robinson said when he went into the building, "Where are the fixtures that you said were worth 50l. out of the 10l.?"—I did not say in answer to that, "Look at the iron columns, and about a thousand feet of York pavement"—I said the iron doors—I do not recollect saying anything about the York paving—I will not swear I did not—I did not say, "Look at the lead on the roof"—I did not point to the back building and say. "Why that will fetch 200l."—I did not add. "What I should do would be to pull down that part of the building first"—I never heard one of the person say, "Why the wall cannot be all
taken down, because of the adjoining dwelling-houses, which are only two stories high—I know nothing of it—I do not recollect it.
Q. Did you say, "Never mind, get the top and roof off first, and if you are obstructed, state you are going to take off four stories, and then repair and make it into an eight-roomed dwelling-house with a side door, as the building is now in a dangerous state and must be taken down?" A. It is all fiction, I never said so—on coming down the parties might go to wash their hands at a man's who keeps a ginger-beer shop—I went—I do not know whether they all went—I did not, while I was there, say, "There was a sugar-house on that spot, and the parish authorities have pulled it down, and I suppose they will do so with this if I don't, and sell the materials to pay the expenses"—I think Robinson did ask who had been at the expense of shoring up the building, and I said I did not know—I do not recollect the ginger-beer man saying he believed the parish authorities had done it—I do not recollect that I said "Yes"—I cannot positively swear that I did not.
Q. Did Robinson say, "That would be about 15l.; I must not forget to make that an item in my calculation of what the place is worth?" A. I cannot say that he did or did not—I did not hear Matthews say he would call on Mr. Fuller, the agent of the sugar-house, to know whether he or the parish shored it up—I will not swear about it—I do not recollect saying, "Don't do that; if there is any demur about the expense of shoring up, in case you should be called upon to pay, I will repay you"—I cannot remember anything about it—I did not say to Matthews, "In case you or Robinson have the place you may commence pulling down the back building to-morrow"—certainly not—I do not recollect saying, in answer to the suggestion of Matthews. that he thought he should build an eight-roomed house with a side entrance, "I think yours is a very good idea, you,' will be the man that shall have it, but don't say anything about it while Robinson is here, as he wants it"—I did not see Rowe on the 10th—on the 11th I signed the agreement at the Devonshire Arms, with the conveyancer—I did not think of having a stamp put on it—it was afterwards stolen away—I was paid 5l. on account—I said, when I received the 5l., "You don't want possession yet?"—I do not recollect saying, "You don't want possession yet for a day or two?"—Rowe said "No"—I swear I did not see Rowe every day at the Devonshire Arms, from the 10th till the 17th—I will not swear that I only saw him that once, I cannot say—I do not recollect his meeting me and inquiring after the assignment—I did not say, "It is not done, but it shall be done; it is all right; you know what to do"—on the 17th I did not ask for a little more money—he paid me 10l. more on the 17th, from the lead he sold on the premises—I understood so—I believe they had just removed the lead—they robbed the premises to pay me the money—he did not ask for the assignment again—I did not say it was not ready, but "You know what to do, you can go on without it."
Q. Did you say, "You will want a good many horses and carts to cart away the materials; I have got a tenant of the name of Saunders, residing at Hackney; I shall be glad if you will give him a job?" A. Rowe had never seen the sugar-house at that time—I said I had a carter close by where he was building houses at Stoke Newington, that had some horses lying idle and I could recommend him, but that was quite a different business—Rowe told me he was building house for Wilson at Stoke Newington—I do not recollect Rowe saying, "I have been digging for that pipe you told me of, but I can't find it"—I did not say, "You will be sure to find it there"—Rowe never said anything of the sort.
Q. When you said they were all to go to the Old Bailey, did Mr. Wilson
say, "Don't frighten the men, take me, I will take a hod of bricks and carry them;" and did he take a hod of bricks, and carry them in your presence? A. I was in the street; he took them to the cart, but I did not hear him say anything about that.
MR. WILDE. Q. You bought this lease of the executors of Mr. Whitty? A. Yes—I bought the fixtures at a subsequent sale—I have retired from business—I have the lease of several houses—I was in the brass trade—I was summoned to attend before the Grand Jury, and was exempted on the ground of this trial—the first intimation I had of the sugar-house being pulled down, was my going to the place—when I entered into the' agreement I did not understand that I gave them authority to pull it down—I had no idea of such a thing—I have heard that conveyancers practice by a certificate—I did not know whether Mr. Adams had one, but I have been informed that he assists attorneys in that capacity—that is all I know of him.
JAMES FREDERICK KEELING. I am clerk to Mr. Fuller, of Billiter-street—he is agent to Messrs. Witty, the freeholders of this estate—I received the rents many years from Mr. Priest, the executor of Mr. Witty—Mr. William Whitemore and Mr. Robert Whitemore are the ground-landlords of those premises in Wellclose-square—I was in the habit of collecting rents for them for some years—on the 25th of Aug. I accompanied Mr. Gardiner there—I saw Wilson and several men in the act of taking away the bricks, pulling down the premises, and taking away the materials from the building, and there were some carts outside—the principle part of the rafters, purloins, and principals were gone—I saw some of them taken away in one of the carts—Wilson was there directing the men to go on with the business—the whole of the roof was off on the 25th, and they were loading the girders and bricks—there were some window-sashes on the carts—I went with Mr. William Whitemore on the 25th, and told the men if they did not leave off taking down the building they would be indicted for felony, and they stopped till the afternoon—they then went on again and were given into custody—when I went with Mr. Gardiner, Wilson said he should take it down till he had got his money again that he had paid—I went again between half-past three and four o'clock, and Wilson went in again to the men, and said, "Go on"—that was after he was given into custody—I was with Mr. Whitty, in 1844, when Mr. Gardiner came into possession of the premises—I did not draw up the list of fixtures, but there was one drawn up—this is it—a portion of the fixtures were sold to Mr. Gardiner; not all of them—the list contained none of the free hold fixtures—the joists and purloins, and things of that sort, belong to the freehold—they are not in the list of things sold to Mr. Gardiner—he bought some fixtures, and he of course would have a right to remove them, and sell them—amongst others there were clay-racks, and iron doors, and so on, but none of the joists and purloins, and girders are in the list—the amount of the materials which have been taken from the premises, not belonging to Mr. Gardiner, but to the freehold, are worth, as old materials, at least 150l.—it would take at least 400l. to restore the damage done to the premises—the value of the remainder of the house, as it now stands, is about 400l.—I have known the premises a long time, and have inspected them frequently—they were not in a dangerous state—they did not require instant pulling down to save the lives of Her Majesty' subjects—on the 21st of Sept. I went with Kelly, a policeman, to Wilson's house, and found, on a piece of land adjoining his house, three king-posts and four tie-beams—they were articles from the premises in Wellclose-square.
Cross-examined by MR. HAWKINS. Q. You say what is left is worth about 400l.? A. Yes, to be pulled down, in consequence of what they have
done—it was shored up before—I do not know whether that was done by the parish—whoever did it found they had done wrong, and it was laid aside—it has stood so for these twelve months—I spoke to Wilson before I gave him into custody—that was in the morning, before Mr. Whitmore went with me, and Wilson told me he had brought the materials and he should go on till he got his money back.
JAMES CARTER. I am a carpenter, and live at No. 17, Devonshire-street—I know Mr. Gardiner—I kept the key of the premises belonging to him in Wellclose-square—I accompanied him and Rowe there, I think on the 17th of Aug.—I took a hammer and a screw-driver with me and drew the staple, because the key was mislaid—I went again to the premises on the 20th of Aug. and found the doors open—I went in, and saw four men—I could not swear that I saw either of the prisoners—the man I saw were acting as labourers, moving the bricks and materials—the rafters and purlins, and gutter-boards were gone, and the lade too—I did not know either of the four men I saw—I have not given the key to any one since the 17th of Aug., when I went to the premises with Rowe—I hold it in possession now—Rowe knew I had it—I went to the premises again, after the 20th, and put on a fresh lock.
Cross-examined by MR. HAWKINS. Q. You are a carpenter to Mr. Gardiner? A. Yes—he is a gentleman—I went to his premises—Rowe was there, and there were other gentleman whom I do not knew—there was nothing said about pulling down the building, to my knowledge—I stopped down, and they went up stairs—I cannot tell whether they went on the roof—I understood the premises were condemned to be pulled down, but afterwards it was altered—I heard that from the parish—Mr. Gardiner had not said anything about the building being condemned—when we see a building shored up by the parish we know it is condemned.
Q. Did you tell Ablett that you were to superintend the pulling down a building? A. If it was condemned, not without—I never told him that the building was going to be pulled down, and that I was to superintend it—I did not say that it was going to be pulled down, and that I was to be foreman in pulling it down—I did not say that I was to be foreman to Mr. Rowe—we had no engagement—Ablett did not say to me, "In case you are not employed, come to me, and I will help you to a job"—I found the key of the premises in my cupboard, where it was always kept—that was after the lead was gone.
JOSEPH RICHARD. I am a carpenter and joiner, and live in Victoria-place. On the 20th of Aug. I went with Mr. Gardiner, when he met Rowe in Cambridge-road—he told Rowe said, what security had he for his 15l.?—Mr. Gardiner said he would have given him his sovereigns back; what right had he to pull the place down?—Rowe said he did not want his sovereigns, he could do better than that.
WILLIAM JAMES ADAMS. I live at No. 6, Devonshire-terrace, Mile-end—I was formerly a conveyancer—I now assist various solicitors, where they do not keep conveyancing-clerks, which is the case with a great many—they send for me when there is an excess of business, to draw up their leases and things of the sort—I drew up this agreement, it is dated the 11th of Aug.—I kept possession of it for a few days, by the consent of both parties—I was induced to part with it there or four days afterwards to Rowe—he asked me to lend it him, to show a friend, in order that he might raise the money
to complete the purchase—I told him to bring it back, and he promised to do so—he never returned the agreement to me—nothing whatever was said as to immediate possession, and nothing whatever was said about taking up the flooring and pulling, down the house—I was not authorized by Mr. Gardiner to give up the agreement—I did it on my own account, knowing they had bought the property.
Cross-examined by MR. HAWKINS. Q. Have you an office in Devonsbireterrace? A. No—I am a householder there—I made this agreement for myself—anybody may prepare an agreement—I was to prepare the assignment—it was so stipulated in the body of the deed—when that agreement was entered into, there was no stamp to it—I did not give an intimation that it was necessary—there is a stamp on it now—you can get it stamped within so many days—I have know Rowe several years—I had spoken to him about this a week or a fortnight before—I did not tell him I could put him into a good thing, because I had got a sugar-house in Wellclose-square to pull down for Gardner—I believe Rowe made application for the key—I never saw the premises after the agreement was signed—I did not tell Rowe where to apply for the key, I did not know where it was—I cannot say whether as appointment was made to meet at the Devonshire Arms on Monday the 9th of Aug.—I cannot tell whether I was there that day—I live just opposite to it—I was there when Robinson and Matthews were there—that was not on 9th—I do not know it was—I was there some evening, I do not know when—I went to view the sugar-house with them—I cannot say that I was not on duty at the Devonshire Arms with Gardner and Matthews—I went to the premises in Wellclose-square, when Robinson and Matthews and Rowe went to look over them—I thing I joined them at my place, or at the Devonshire Arms—there was something said about the key being lost, but I did not enter into it—I was not there when the staple was drawn and the door forced; I was on the other side of the square—I went into the sugar-house—there were present Rowe and Robinson, Matthews and Carter—the object of their going was to look over the premises—I did not hear Gardiner say that he had bought the interior of the premises at a sale by auction—I did not hear him say that the fixtures and things were his, which he had purchased to prevent the place being pulled to pieces—he did not say that to me or to anybody in my presence—he did not say that he had not made up his mind what to do, but he had now concluded to pull it down—Robinson did not say it was good for nothing but to pull down—it was said that it had been originally let for garden-ground—it was not said that I had been a whole day perusing the deeds; I have never seen them—I remember Mr. Robinson saying that he was surprised to find the place as empty—I do not remember his asking Mr. Gardiner where the fixtures was—Mr. Gardiner did say in my presence, "Look at the iron columns and about 1,000 feet of York pavement"—he did not point to the lead on to the roof—he did not say "Get the roof off first"—Matthews to the Rowe went on the roof—I went up to each floor by myself—I had offered the premises to Mr. Robinson myself before the 9th of Aug.—I did not tell him I had seen the deeds, and that they went back 150 years, and were a yard high—I had never seen the deeds—I did not say I had looked over them, and there was nothing to prevent the place being pulled down—I never said the adjoining sugar-house had been pulled down, and nobody attempted to prevent it—I do not remember Robinson telling Gardiner in my presence that he had made up his mind about the sugar-house, which he would settle in a very few words.
Q. Will you swear that you never heard Robinson tell Gardiner he would
give him what he asked, 100l.? A. He offered me 100l. for the premises, on condition that would give him a receipt, and stipulate that they should be pulled down—that must have been before the agreement with Rowe—it is not likely I should offer that—I will take my oath it was before the agreement—it might be a week or a few days before—I never told Matthews that I had perused the deeds.
MR. WILDE. Q. Who is Mr. Robinson? A. A cabinet-maker, residing in Temple-street, Hackney-road—I had some previous dealings with him about a building in Hackney-road—he and Matthews were very active, and wanted to know about the deeds—I told them I had never seen them—they wanted to buy it, if it was a good speculation—Robinson wanted to have it, if I gave to a receipt, and stipulated that it should be pulled down—I reused to do it certainly—I could not to do it—I had no idea when I drew up this agreement that they had a right to pull down—I gave them no such authority, nor assented to it in any way whatever.
THOMAS WILSON. I live in king Edward-street, mile-end New-town, and am a labourer—I am a puller down of houses—I was engaged by Mr. Rewe and Mr. Wilson to pull down a house in Wellclose-square—I first went to the premises on the 17th of Aug.—part of the chimney was pulled down, and the lead laid on the ground floor—I did see any timbers removed, or assist in removing them—some were removed between then and the 25th—I saw the joists and purloins and timbers removed in pulling down the house—I did not assist in that, I was engaged at the brick work—as I removed the bricks the wood work came out—I assisted in pulling down the roof—Mr. Wilson was there from the 17th, the day I went there, till the day the work was stopped, the day he was in trouble—I saw Mr. Rowe there I may say every day, but not long—I never saw him do anything—the first day he gave me orders to get on the wall, I did not see anything going on that indicated me to speak to the persons who employed me—I was well aware what my work was—there was no hoarding round the premises—the work was not going on in a regular way, I told Mr. Wilson so, and he said the work was going on very comfortably without the hoarding.
JOHN RYAN. I am a labourer, and live in Duck-street, Mile-end Newtown—I know the premises in Wellclose-square—I accidentally went there—I saw the builder at work—I asked for a job, and Mr. Wilson gave me work on the Friday evening, a quarter of a day—I then went to the work—I saw Mr. Rowe there but very seldom—I was cleaning the bricks—I had occasionally to do with the girders and wood—I believe I assisted in placing the sashes at the door.
HENRY WILLIAM REYNOLDS. I am a corn-chandler, and live in Old Castle-street—I was employed in removing some thing from the premises in Wellclose-square, I cannot say what time it was—there were tie-beams and sashes in the cart—Mr. Stratford engaged me—I had a horse, and wanted to sell it, and he went to try it—I saw Mr. Wilson on the premises—he never engaged me—I took the wood work to Sandford-lane, stoke Newington, where Mr. Wilson lived.
ROBERT WHITMORE. I am solicitor, and carry on business in Lincoln's-inn-fields—I have know these premises in Wellclose-square for some years, they belonged to an aunt of mine, Catherine Whitmore, who died in 1833, and I and my brother William came in trust of the premises as devisees—my aunt was possessed of them for forty years to my knowledge—this is the counterpart of the lease.
Cross-examined by MR. HAWKINS. Q. I believe you instituted proceedings against Mr. Gardiner for dilapidation? A. Yes, and got the injunction.
MR. HAWKINS called
---- ROBINSON. I am a cabinet-maker, and live in Temple-street, Hackney-road. On Monday, the 9th of Aug., I was at the Devonshire Arms—the proposition was made to meet at twelve o'clock, it was afterwards altered to one—I saw Mr. Gardiner there, and a person named Carter, a carpenter—two strangers afterwards joined us near the Dog-row, the prisoners Rowe was one, I do not recollect the other—we went together to the sugar-house in Wellclose-square—it was fastened—there was a padlock to it, but no key—Mr. Gardiner called on Mr. Carter to take his hammer and screwdriver, and one thing or another, and force the hasp off, which was the first thing he did—we went into the sugar-house, and I was very much surprised to see the place so empty—I said to Mr. Gardiner that I was very much surprised to find place so empty to what it had been represented—Mr. Gardiner had told me it was the whole interior of a sugar-house, and everything there complete—he had offered it me for 50l., and he afterwards said, "I shall want another 50l. for the interior"—I said I could say nothing to it, and when I saw it I was surprised at the emptiness of the place—we went up to the first floor, and I saw nothing but some iron doors and some columns—we went up to the top, seven or eight stories high—I lifted my man up to the top of the roof, on purpose that he might see what lead was there—during that time Rowe came up, and I lifted him up to see, with my foreman—I was not aware that Rowe was buying it at that time—nothing was said about the lead to Gardiner—he went down after they had both got on the roof—I afterwards saw him down stairs—I wanted to see what was down stairs, and he showed me the stone—he said there was 1,000 feet of stone there, which was worth about 3d. a foot—he particularly pointed to the back building, and said he should pull the back building down first—he took us over the back building, he showed as the iron columns, and said, "You can shake them: you can take them now"—he said, "What I should do would be to pull the back building down first"—he said there was no obstacle at all about pulling down the back building—I made observation that there was a house adjoining, and I said when we came to that what should we do?—he said, "Take down four stories, and if there is anything wrong you will come to it before you come to the fourth story"—we went to a ginger-beer house to wash our hands—it was there said that a sugar-house on the left hand side had been pulled down, and the ginger-beer man said, "The parish authorities will do by this as they did by the other"—I asked who had been at the expense of doing the shoring—the ginger-beer man said the parish had, and collected 20l.—I told Gardiner it was necessary to make that calculation before I entered into the bargain—we all went to the public-house, and a general conversation took place respecting pulling down the building, and what the weight of iron would be—I was about buying it at that time—that was what I went down for—I told Mr. Gardiner it was of no use to me without it was to pull down—Mr. Gardiner said he had purchased the interior at a sale by auction, of Fuller; and he purchased it to prevent the place being pulled down, as he had not made up his mind; but he had since concluded to have it pulled down—I said I had made up my mind to do so, and said there was nothing to hinder my doing so—he said something about an old lady on the
Continent—I remember Adams being there—I said I was surprised to find the place so empty—when I said to Mr. Gardiner, "Where are the fixtures that you bought for 50l.?" he pointed to the iron columns, and said, "You have got quite enough for your money"—he said the back building ought to fetch 200l.—I observed I should call on fuller, to know whether he are the parish shored the building up; and Mr. Gardiner said, "Don't do that; if there is any demur about the shoring up; if there is anything to pay, I will repay you"—I do not think he wanted the ground-landlord to know—he said I could commence pulling down the back building to-morrow—I told him I had made up any mind about the sugar-house, I would settle it in a very few words—I said, "I have made up my mind; I will buy it, in case you have got the right to sell it: I will give you the money in one hand, give me the receipt in the other, with power to pull it down"—that was about the 19th of Aug.—I will say it was from the 16th to the 20th.
WILLIAM MATTHEWS. I was remember going over the premises in Wellclose-square, on the 9th of Aug.—I afterwards spoke to Mr. Adams, the conveyancer, about them; he told me that everything was right, that he had perused the deeds for a whole day; that they were a yard high, that there was no objection to pulling down the place; that it had been let originally for garden ground—it was not fit for anything but to pull down.
MR. WILDE. Q. What are you? A. A carpenter, foreman to Mr. Robinson—I went to view the premises on the 9th of Aug.—I saw Mr. Adams, and I raised an objection that I thought the building could not be sold to be pulled down, and then he stated that he had been perusing the deeds all the morning, that there was no objection to pull them down—that was when I met him just opposite the Kent and Essex tavern, in Whitechapel; and he said, "I have been at work for you all the morning."
CHARLES BUTTON. I am a dealer in hay on straw, and a Carman. I remember the 10l. being paid to Mr. Gardiner by Mr. Rowe—I think it was on the 17th of Aug., about half-past six in the afternoon—I was to have found part of the money, and the money was ready to be paid for the building I told Mr. Gardiner so on the 21st—I heard Mr. Gardiner tell Mr. Rowe, at the time the 10l. was paid, that he should pull the back part down first, that he had got a very good bargain, and he would he went a number or horses and carts to take down the premises, and he had got a tenant at Hackney, and he should be very glad if he would give him a job, that he had three horses in the Hackney-marsh, and he was an honourable man; he could recommended him—Rowe said that the neighbours had complained that the houses shook, and he thought it was not safe—Mr. Gardiner said he had better case the chimney and pull down the shaft, he thought that would lighten the corner where it was shored up, but he would advise him to pull down the back building first as that was a separate building—Rowe said he had been digging for a pipe, but could not find it—(I understood it was a pipe to supply the cistern)—Mr. Gardiner said he had been digging, and if he could have found it he would not have had the trouble; that it was in his inventory, but where it was he could not tell—he said he had removed a vast quantity of materials, a great number of carts, full, and he should have taken the iron-work; but he had taken some of it to a blacksmith, who had tried it over the anvil and found it break, or he would not have had to move it—I remember his saying, that by taking down four stories, and the whole of the back, he could convert it into a dwelling-house, and it would pay him well—he said he had been there three years, and he had never been troubled for any ground-rent, and he did not suppose
post that Rowe would be—I was at the building on the 25th of Aug.—Wilson was there—Mr. Gardiner came with one or two other persons; he wanted to arrest my carman—there was a man had got same bricks on his shoulder, he was going to empty them into the cart—the policeman, and one or two of them objected to it—Wilson said, "Put them down, and if anybody is to be locked up, I will be;" and he took them up and put them into the cart.
MR. WILDE. Q. What share were you to have in this contract, this sale or purchase? A. I should have been paid for my cartage, and I would have lent Rowe any money he wanted—I have had dealings with him, and always found him an honourable man—I had lent him money before—I had none of the materials from the sugar-house—I did not want them—I purchased about 2,000 bricks of Mr. Wilson, which I believe came from those premises—I believe my cart fetched them away.
MATTHEW BATES. I remember seeing Adams about the premises Wellclose-square at the latter end of April, or the beginning of May—he said he was agent for a gentleman who had a large sugar-house to sell in Wellclose-square, that I could have it a bargain, and that he had authority to sell it for 100l. to pull down.
---- ABLETT. I live in Devonshire-street, Mile-end. The witness Carter said to me, "I am going to be foreman in pulling down the sugar-house in Wellclose-square that Rowe has bought, and in case you are not employed came to me and I will help you to a job."
MR. WILDE. Q. What are you? A. A carpenter. I have pulled down many houses in my life—I never got into trouble about pulling a house down. NOT GUILTY
OLD COURT.—Tuesday, October 26th, 1847.
PRESENT—Mr. Alderman GIBBS; Mr. RECORDER; Mr. Alderman HOOPER; and Mr. Alderman HUGHES.
Second Jury, before Mr. Recorder.
MR. BRIARLY conducted the Prosecution.
WILLIAM OSBORNE. I am warehouseman to William Cook and others. On the 11th of Oct. the prisoner brought this order for a piece of a silk, resembling the pattern that was enclosed—the order was not a very business like thing, and I had my doubts about its genuineness—I asked if he was known to any party in our establishment—he said, "No"—I then showed him a piece a silk, the nearest we had to this pattern, and asked if he thought it would do—he said if it was the nearest we had he would take it—I took him and the silk to the entering-room, gave the silk to the entering-clerk, and told him, if he thought the order was not right, he was to go to Mr. Cook, and ask his opinion—I stood by the prisoner while the entering-clerk asked him if he was known in the house—he said, "No"—it was then proposed that the silk should be sent over in the evening by our cart—the distance is about a mile and a quarter—the prisoner objected to that, and said he was to take it with him—I took the order to one of the firm, who
came and asked the prisoner the same question that I and the clerk had asked him—the entering-clerk proposed sending a man with him at once—he objected, and said he was himself to take the goods—we objected to let his have them—he wished to have the order and pattern back again; that was objected to, and he left—we detained the pattern and order—I took the silk to Mr. Bone, in the Borough, and made inquiries—the silk was worth nine guineas—(order read—"Oct. 11, 1847.—Gentleman, Please send by bearer one piece of silk to match, as near as possible, this pattern. Yours, respectfully, E. OWEN, for JOHN BONE.")
Cross-examined by MR. BALLANTINE. Q. You have no doubt about the prisoner being the person? A. Not the slightest, as I was in company with him some time—I got this order just now from the policeman—I took it first over to Mr. Bone—I took charge of it till the prisoner had been examined—it was then given up to the policeman—I received it from the prisoner—he first handed it to Mr. Smith, in my presence—I am not certain whether Mr. Smith gave it me; I believe it was he prisoner—I am not certain whether it was handed back, o whether I took it at the instant—I did not leave the order with Mr. Bone—I took no copy of it—the policeman who is here took charge of it at Guildhall—I do not know whether he recieved it from me or from my employer—it was lying on the table, and whether he took it from my hand or not I cannot say.
MR. BRIARLY. Q. Did you read it when it was presented? A. Yes, and I will swear it is the same, and this piece of silk also—the order was not out of my sight at all in the warehouse—it might have been out of my sight if I left it at Mr. Bone's and I believe I did—it was not out of my sight before I showed it to Mr. Bone—I gave it into the hand of one of the firm, on the premises, and it was returned to me—I have not the slightest doubt this is it.
WILLIAM SPENCER MOPRLEY. I am in the employ of Cook, Sons and Co., of St. Paul's-churchyard. I have seen the prisoner twice, the first was on Saturday the 11th—he and Osborne came down from the silk-room into the entering-room—I saw the order in Osborne's hand, and also after he gave it up to one of the entering men—I did not read it; I should know it again—to the best of my knowledge this produced is it, and this is the piece of silk—I have no doubt of the prisoner being the man, he is differently dressed now.
EDWARD JESSE OWEN. I am the clerk to Mr. Bone, a draper, of 13 and 14, Great Dover-street. This order is not in my writing, and does not resemble it—it purports to be my signature, but it is not, or written by my order—I did not send for any silk, we had no occasion for any—the prisoner was in Mr. Bone's employ between three and four months, and left on the 2nd Oct.—I sometimes write order for goods, they are not sent on plain paper like this, but on printed bill-heads belonging to the house.
JOHN BONE. This order was not written by me or by my authority—I had no occasion for the goods represented in it—the prisoner was in my employ—he left on the 2nd Oct.—I sent for him on the 12th to confront one of the witnesses—he was identified and I gave him in charge.
Cross-examined. Q. He was with you three months I believe? A I think so—we had a good opinion of him—we had a good character with him from the Eastern Counties Railway Company—I believe this is his first offence—since he left me I think he has been in great distress—he has a wife and a young family.
GUILTY. Aged 28.—Recommended to mercy.— Confined Two years.
(There was another indictment against the prisoner.)
EDWARD WALSGROVE (City policeman, 15.) On the 1st of Oct., about three o'clock in the afternoon, I was at the toll-gate at Smithfield-market—it was horse-market day—they pay 2d. there for each horse—I saw the prisoner pay toll for a bay mare pony about 14-hands high—I saw it run up and down by a of boy about sixteen—the prisoner stood at a little distance—I asked if it was his mare, he said it was—I asked how much he wanted for it, he said 15l.—he said he had had it eight months, and that he brought it from Stanstead—I afterwards heard him say to the man who was running it, "Take 10l. for it, swap it or sell it for 10l."—I was watching half an hour to hear something about it—it seemed very much distressed—the prisoner had a smock-frock tied up wet in a handkerchief, as if he had been riding on it.
Cross-examined by MR. BALLANTINE. Q. Did you ask him whether it was a good horse for the saddle? A. No—there were a great many horses there—horses-dealers generally tell lies about horses, whether they have stolen them or not.
GEORGE TREW (City policeman, 26.) On the 1st Oct. I was Smithfield—I asked the prisoner if it was his mare, he said, "Yes"—I asked how long he had had it, he said, "Eight months"—I asked what he had been working it at—he said he run it in a fish-cart to and from London—I asked where he lived, he said at Stanstead in Essex, near the Chequers public-house, that his name was George King, and he had a stable and cart there—I asked who he bought the mare of, he said, "Of a strange man in Smithfield-market"—we took him to the station—the same evening I went to Stanstead, and found be was not known there nor the horse—next morning, on the way to Guildhall, he said his name was not King but Pigg, and he lived at Stock-in-Pelham, Hertfordshire; that is about six miles from Stanstead—I did not go, but I ascertained that he did live there—he then changed his story, and said he bought the mare at Royston-market, last Wednesday, of a strange man, and gave 8l. for it—I asked if anybody was present, he said, "No."
Cross-examined. Q. Royston is in Cambridgeshire? A. On the borders of both Cambridgeshire and Hertfordshire—there is a market there on Wednesday.
THOMAS GUNTON. I live at Maple, in the Isle of Ely—on the 12th of Oct. a mare was delivered to me at the Ram Inn, Smithfield—it was my property—it was a bay pony with a long black tail and mane—the near foot was market at the fetlock, and a little white mark near he hoof—I had had it four years—I had put it into my ground on the 27th of Sept., went to fetch it on the 1st of Oct., and it was gone—it was worth 20l.—I know nothing of the prisoner.
Cross-examined. Q. Do not you know that it was safe on the 30th of Sept.? A. Yes, by hearsay—Ely is seventy-two miles from London—there might have been more then twelve hours to ride it up to London, and there is a railroad.
WILLIAM ISGRAM. I know Mr. Gunton's mare—I went with him and a neighbour, and saw it at the Ram, Smithfield—I was employed to look after it at Maple—I last saw it on the 30th Sept., about half-past eight in the morning—I afterwards missed it, and found the staple of the gate had been drawn—I saw the mare at Guildhall—it was the same.
Wednesday, and on Thursday, the 30th of Sept., about six o'clock in the evening—I saw the same mare at Guildhall.
GUILTY. &dagger Aged 25.— Transported for Ten Years.
MR. RYLAND conducted the Prosecution.
RICHARD SMITH. I am a farmer, and live at Hayes, in Middlesex—on the 22nd of Aug. I bought 104 lambs—one of them met with an accident—I left 103 in care of Thomas Swift, at West Drayton, on the farm of Mr. Valder, of Hillingdon—they were marked with blue paint on the left hip—on the 30th of Sept. I heard that ten were missing—I went with Still to Sudbury and found them there—I knew them immediately.
Cross-examined by MR. BALLANTINE. Q. Did you know the prisoner? A. No—I believe a person named Roadnight was charged.
JAMES SMITH. I am the prosecutor's son—I saw the lambs safe on the 30th of Sept.—I was present when they were bought—I saw no mark on them then—they were moved from Mr. Valder's field to Mr. Taplin's, at Drayton—I missed ten of them.
Cross-examined. Q. How do you know they were moved to Mr. Taplin's? A. Swift said he moved them—he is not here—there ought to have been 113, as there were twenty of Mr. Thornton's there—I found ninety.
WILLIAM VALDER. I am a farmer at Hillingdon—Thomas Smith brought some lambs to my farm—I believe there were 124—I did not count them—they were put into a field called Padgot—they had a blue dot on the hip—I cannot say which hip—I cannot say how many had the blue mark on—there were 119—I counted them, as there were twenty of my father-in-law's, and as I could not count them separately I counted them all—they were moved from my field on Wednesday morning the 29th—I cannot say how many were taken—I have known the prisoner for years—he lives a little more than halt a mile from where the sheep were folded.
Cross-examined. Q. Do you know anything wrong of him? A. Never until this charge—he has borne a fair character—he was brought up a shepherd—his father was a shepherd many years—he has something the matter with his leg, and has a wooden one fixed to his knee, but he can get on very well without it—he was not likely to be employed to drive sheep to a fair—there should have been twenty white-faced lambs—I believe there were only eighteen—I could not count them that night—the blue mark is not an odd one to make, but I do not know that I ever noticed it before.
ARTHUR STILL. I am a cattle-salesman—on the 29th of Sept. I went to Southall-market, and was shown ten lambs fresh marked with oakum, a red cross on the shoulder—they had a stale mark of blue on the near hip, which appeared to have been smudged out—I found the lambs in a pen when I got there the first thing in the morning—either the prisoner of some one brought them—I did not see the man—they were for me to sell—one of the men who took the toll of the market put me in possession of them about twelve or one o'clock—I saw the prisoner sitting on the rails near the lambs, and asked if they were his—he said, "No, they are not mine, but I am to take the account of them if they are sold"—I asked whose they were—he said, "Mr. Hales's"—I said, "Where does he live?"—he said, "Near Ickenham"—I asked what farm he had got, if it was the one Mr. Biles has left?—he
said, "Yes"—I said, "Who recommended him to me?"—he said he did not know—I said, "Was it Mr. Treadaway?"—he said Mr. Treadaway recommended us to bring them here to be sold, as they will be more likely to be sold here than at Uxbridge fair, that they had got into Squire Clarke's place, and he was going to bring an action against Mr. Hill for the damage done to his place, and they were to be sold even if he lost money—I sold them to John Smith for 9l. 15s.—I told him to wait a little, and I would go and get his account—he said he was in to hurry—he waited half an hour—I went in to Mr. Hill's, the bankers, with him, and told Mr. Hill to make out the bill in the name of Hall—it was made out, and the discount, 8 percent., taken off—it was then 8l. 8s. 4d.—the lambs were delivered to a man in the employ of James Smith and taken away—I have seen them since, before the Magistrate at Uxbridge—they are same.
Cross-examined. Q. Was the prisoner well known in the market? A. I do not know—I never saw him there—I have attended the market fifteen years—I know John Roadnight—I had sold things for his father—he was charged with stealing these sheep, but he never came to me—I saw him in charge.
COURT. Q. Is that the only time you have seen him in charge for the same sort of thing? A. Yes—he is here now.
JAMES SMITH. I am a grazier, living at Paddington. On the 29th of Sept., I was at Southall-market, and bought ten lambs of Mr. Still—they were marked with red on each shoulder, and a kind of blue dot on the left hip—I afterwards saw the prisoner—I paid 9l. 15s. for them to Mr. Hill, the banker, and my man took the lambs away—I saw them again at Uxbridge before the Magistrate—they were the same ten lambs I bought of Mr. Hill.
JOSEPH HENRY TAYLOR (policeman, T 115.) On the 1st of Oct. I took the prisoner into custody, at Tewsley, in the parish of Hillingdon—I told him he was charged with stealing ten lambs, the property of Mr. Richard Smith—he made no answer—I was standing there for a few moments with the prosecutor, and several others; and a person there remarked, "Now where are your legs of mutton at 7d. a pound?"—another person said, "He did not do it alone," or something to that effect; and he replied, "I alone did it, and no one else, so help me God!"—another person observed, "Why, these sheep were against Cowley church about half-past one o'clock on Wednesday morning"—he said, "No, it was about half-past two when I took them; I took them up this road straight to Southall-market"—in going to the station-house, he said, "I did not take them out the field, they were in the road"—I searched him, and found 1l. 5s. 3 1/2d.—I afterwards examined the prisoner's lodging, in consequence of a statement he had made to the inspector, and found a few gravel stones on the window-cill, which I produce.
Cross-examined. Q. You have been examined before; are you sure the prisoner said, "I alone did it?" A. I did not hear those words; he said, "I alone took the lambs, and no one else, so help me God," not "I alone did it"—he did not say to me that if anybody stole them it was Roadnight, who gave them to him to drive to market, nor did I hear him say it at his examination at the police-office—he has an impediment in his speech, which makes it very difficult to understand him.
COURT. Q. What was the observation that was made, to which he replied, "I alone took the lambs, and no one else, so help me God?" A. "I don't think he did it alone"—there were a number of persons there, and there were several observations made, so that I cannot speak to it accurately—it was a
butcher who said, "Now where are your legs of mutton at 7d. a pound"—I do not know what that meant.
EDWARD COOK (inspector of police at Hillingdon.) On the morning of the 1st of Oct. the prisoner was brought to the station—after I heard the charge, I went with Richard Smith to Sudbury—I afterwards went to Mr. James Smith's, saw ten lambs, and brought them away—they were the same that were produced before the Magistrate at Uxbridge—when I got back to the station, I told the prisoner I had found the lambs he was charged with stealing—he said, "I expected you would do so," and that it was all true what he had stated—I said I had never heard him state anything—he then said he would tell the truth; that on the Tuesday night, the night before Uxbridge fair, he went to Bet Hurley's to sleep; that he could not tall what time it was, but he was awoke by some gravel being hurled up at the window; that he got up to the window, and asked who was there; a voice said, "It is me, I want to speak to you;" that he went down, opened the door, and saw John Roadnight, who said he wanted him to take ten lambs out of Valder's Old Field, they were already out of the fold, and take them to Southall-market, and to put them into any salesman's hands, to sell them, with the exception of one, and that was Mr. Farebrother's, and he had better not stay there all day, but take a return-ticket, and come down by the train, and go up in the middle of the day—he stated that he did so; that he went up to Southall again, and received 9l. 15s. from the salesman, with the exception of what was taken out; that there was a deduction for commission, and that he received 9l. 6s. 8d., or 4d.; that he came home, and on the following morning, Thursday, about nine o'clock, John Roadnight came to his shop, (which is a shoemaker's); that a man named Branch was at work in the shop, and they had some conversation about a pair of boots that he was making; that they afterwards went into an adjoining room; Roadnight pulled the door to after him, and he gave him the nine sovereigns, and the salesman's ticket that he had received from the salesman; he did not give him the odd silver, that he kept; that Roadnight gave him three sovereigns back; that he then lent him a stick that he had got there, and he went away—in consequence of this statement, I looked for Roadnight, and took him into custody—he was taken before the Magistrate, and discharged.
Cross-examined. Q. When he told you Roadnight laid him down three sovereigns, did he say that Roadnight owed him money for work he had done, and had paid him the bill? A. No, I never heard him say that Roadnight owed him any money—he said Roadnight told him to go to Valder's Old Field, and he would find ten lambs outside the fold; he said that he found part of them in the fold, and that part of them had strayed a little, grazing just without a little low fence, just on to the road—I know Roadnight—he lives at home with his father, who is large farmer and grazier; he is outside.
COURT. Q. Was this case heard at Uxbridge? A. Yes—none of the sheep were in fields beyond Uxbridge—there had been some other sheep stolen within a few days of this—Roadnight has not been charged with stealing his father's sheep—his father lost some sheep some time before—we could never trace the parties or the sheep—there was not a case within the last fortnight of a farmer's son stealing three of his father's sheep—there were six stolen from a farmer named Bailey, at Tewsley, near Uxbridge—the prisoner was charged with stealing them, but was discharged, as it was too long gone past, and we could not trace them—Roadknight was not charged with that.
Thursday, the 30th of Sept., I was at work in the prisoner's shop, when John Roadnight came in; he and the prisoner conversed about a pair of boots he was making—we were all three in the shop—I did not notice anybody go out of the shop—Roadnight asked the prisoner if he might have a stick, and the prisoner gave it him—he was then in the adjoining room, I was not, I was at work—the door was open.
COURT to ARTHUR STILL. Q. Was there anything extraordinary in the hour at which the sheep were brought? A. No, they are brought at all times; some come by train—market commences as soon as it is light, about four o'clock in summer time—I got up about half-past five, went up the alley, and the sheep were there—sheep are mostly driven by night—I have sold them by candle-light—I think it is about five miles from the market to where they were removed—I think it would take two hours to drive them—the market would begin about six o'clock, as soon as we could find any one to buy.
(The prisoner received a good character.)
2280. JOHN PRESS was indicted for stealing 1 cask, value 11s.; and 18 gallons of ale, 1l. 9s.; the goods of Robert Hanbury and others: and RICHARD PRATT , for feloniously receiving the same, well-knowing them have been stolen.
MESSRS. BODKIN and WILDE
conducted the Prosecution.
JOHN SHEPHERD. I am drayman to Messrs. Truman, Hanbury, and Co., and live in Pelham-street, Mile-end. On Saturday, the 11th of Sept., about half-past four o'clock, I helped Press to load one of my masters' drays—he did not tell me what I was to put on it—I put on four puncheons of porter, a barrel of single ale, a kilderkin of treble ale, and a kilderkin of stout—I did not know who it was for—Press had received the orders—it requires more than two persons to put the casks on—we also put on a barrel of treble old ale, and a barrel of double old ale in addition—the dray was then drawn out to make room for another to come, and Press went over to the office for his delivery-note—I stopped out, loading another dray—Press afterwards told me they wanted another kilderkin of double ale on the dray—he had the delivery-notes in his hand—it was rolled out of the brew-house, and laid in the road—Press helped me to put it on the same dray—we then went into Quaker-street and Brick-lane—we went to Howe's, in Union-street, Kingsland-road, and there delivered four puncheons of porter, a barrel of single ale, a kilderkin of double ale, and a kilderkin of stout—I accompanied Press to get the note signed—Mrs. Howe signed it in my presence, Press then said he had got to go to Cockett's, in Great Cambridge-street, Hackney-road, with two barrels, and when he had delivered them I might go home, or stop there which I liked, as he could do without me—he said he had got a kilderkin of ale to deliver somewhere, but did not say where—there was a kinderkin of treble ale on the dray—that was all that was left, except the two barrels for Cockett—we delivered those at Cockett's—I did not see the delivery-ticket for Cockett—I saw the notes signed at Cockett's—there was then only the kilderkin of treble ale on the dray—we turned down into the Hackney-road, and went down Elizabeth-street, to Pratt's house—we there took the kilderkin off the dray, and Press rolled it in—I went after him, close to him—I knew Pratt, and saw him in the bar—Press said, "I have brought you a kilderkin of treble ale"—Pratt said, "That is right"—Press gave him the note—it was doubled up—Pratt went into the parlour
with it—Press said, "Put 'Shepherd' on the back of the note"—it was put on—I did not say anything—Pratt brought the ticket back from the parlour, doubled up in the same from—I did not see "Shepherd" on the back—Pratt gave it to Press—Press said, "Where will you have the kilderkin?"—it then laid before the bar—Pratt said, "Take it and put it in the passage"—Press told me to pitch it into the passage, and I did so—we came back again, and stood by the bar—Press said, "Go out and see to the horses"—I went out—Press followed me soon after—I had left him in the bar—we got back to the brewhouse after ten o'clock—I told my masters of it on the Monday night.
Cross-examined by MR. BALLANTINE. Q. Who did not first mention it to? A. Thomas Lucy, at six o'clock at night—I cannot recollect where I was he whole of Monday morning, I was at work for Messrs. Truman, in my ordinary employment—I cannot recollect the streets I went up on the Monday, I can those I went up on the Saturday—I knew them when before the Magistrate—I did not know the names of all of them—I have been over them since—I have learned them since—I knew them then, except one—I went the road a day or two after, and saw it—I do not know what I went for—I went alone—I went round the same road that we went with the dray, to see the name of the street—I think Mr. Marr told me to go—Press told Pratt to put "Shepherd" on the back of the note, because that was the regular course of proceeding—of I had been assistant drayman, and had been delivering beer, it would have been proper for me to have my name on the back of the note—I had not delivered at Pratt's before—I knew that he was a customer of my employers—I saw the kilderkin loaded into the cart—I always remembered that—I do not remember putting it on—there were five or six of us helped to load the dray—I know it was on the dray, but nothing more—I saw it put on, but cannot recollect who rolled it, or who put it on—the quantities that were loaded on the dray were not called out by any one—Lucy, the foreman, gave Press the notes—he had not given him them when Press told me what to put on—I did not hear Press call out, "A kilderkin of XXX ale"—the loading takes place seventy or eighty yards form the office—the kilderkins are rolled from the office—there are a great many persons employed, and a great many drays loading in the place sometimes, but sometimes there is not—the men help one another to load—there are not four or five employed on each dray—Conquest and Bright would superintend the other drays—I did not hear what took place at Cockett's—Press and he were down in the cellar together—he did not say anything to me about the kilderkin till after we left Howe's.
Cross-examined by MR. CLARKSON. Q. The kilderkin of XXX ale was not put down into the cellar as beer would be, but was rolled up into the passage against the stair-head? A. Yes—Pratt was not drunk—there was nobody there but him.
MR. BODKIN. Q. Did it appear to you that he had been taking liquor? A. Yes, but not be at all drunk—I am positive the cask of XXX ale was in the middle of the dray when we left the yard—it stood endways up wards—I know that the barrel left at Pratt's was the same that was brought out of Messrs. Truman's yard—I have been in the employ ten months—the foreman, Thomas Lucy, authorizes the quantity to be removed, and put on the dray—he did not give me direction—he told Press what to take, I suppose—I did not hear him, but it was him that in general did—Lucy gave orders for those drays that he wanted loaded with town beer—there are generally a lot of hands at home—there were three draymen there, and a lot besides—I was one—I
helped to roll some of the ale over—I did not know I was with Press till after the dray was loaded—before we went to Howe's the dray stopped in Brick-lane, at the corner of Eyre-street—Press went away for about ten minutes there, and left me with the dray—when he returned we went on together.
MR. BALLANTINE. Q. Have you been often examined by different members of the firm about this matter? A. I went before the gentlemen, and the solicitor's clerk and Press was up at the same time—I did not think of what I had stated about stopping there when I was before the Magistrate—I have recollected it because the dray that was loaded after us started before us, that turned one way, I the other, and the drayman and I have been talking about it since—he asked me where I had been so long, because he saw us following him, and he was stopped for ten minutes where they were pulling down some houses, and I said we stopped at the end of Eyre-street—that was how it cameout.
MR. BODKIN. Q. When was it you had this conversation? A. About a week after—that called it to my remembrance that I had stopped there.
ANDREW MARR. I one of three storehouse-clerks to Robert Hanbury and other. Pres was in their service as drayman more than eight years, and Shepherd a few months—Pratt has been a customer several years—the porter and ale stores are separate—the drays are mostly loaded where the porter is kept, and the ale is brought there—it is necessary to roll it there from the store, about forty yards—we had at this time two customers, named Howes and Cockett—the two tickets produced would be issued for their beer—they are my writing, taken from our order-book—when orders are to be executed I fill up the tickets and give them to the loading-out foreman, to get loaded accoding to the written notices—these tickets had been filled up that afternoon—we take them to the loading-out foreman, who would direct the quantity of ale necessary to be rolled out of the storehouse to the place where it is to be loaded—they should give directions for a quantity to be put out, conformable to the ticket—a good many drays are loaded one after another—we load from 1000 to upwards of 2000 barrels of beer in the day—I remember filling up these tickets—there was a duplicate to them which the customer signs, and returns by the carman—they are delivered to the carman in one piece—them pieces are what would be signed by the customer and returned to us; the other part is left with the customer—by this order three barrels of ale, and one kilderkin of XX ale should have been sent out, no XXX ale at all—I remember these order being given to Press that day—he brought them to me in the usual way to get marked off, and said "Here are my notes"—that was after he had loaded—I read the orders to him, and marked them off at the same time.
COURT. Q. Dose he sign your book that contains an account of what you send out? A. No; he signs the notes, and the customer as well—these are the two parts of the notes that he brought back on the Saturday night after he had been executing these orders—his bringing back the duplicate, signed by the customer admitting the receipt of the goods, ends the transaction—if he did not bring back the note, we should then call on him to account for the what he had done with then-beer—the delivery-not is signed when the beer is supposed to have been delivered—we know where the draymen go, and do not consider further check necessary—he does not give a receipt at starting for the beer under his charge—two men go out with the dray—we should know Shepherd had gone with Press, and we should then find where they had been to—we do not make any memorandum in our books of the drayman's name, as taking
out any particular beer—we give out these notes, and they are to bring back the duplicates—we trust to that—we should know that the beer has been sent, by our marking it off in the book, and if there is any failure we should find it out—we have not found it needful to have any further check—we have checks on the man's time—the time is marked on these notes—had he not properly delivered it, we should call on him to account for where he had been during that time—these two orders are marked in our order-book as going out in the same dray—if the beer had not been delivered, we should then have missed him from the place where he ought to have been—we keep that memorandum in order that the man may not waste his time.
MR. BODKIN. Q. In consequence of a communication made by Shepherd, on Monday, did you arrange to go over to Pratt's on the Tuesday? A. No; I went on the Tuesday, in consequence of communication made to Mr. Murray—before I went there I was present at a conversation that took place with Press on Tuesday morning—Press was called into the room; one of the Messrs. Hanbury's was present, I said, "This is an awkward matter; what road did you take?"—he said, "By Shoreditch and Kingsland-road"—(looking at a plan)—I believe this to be a correct plan—he said he came by Great Cambridge-street—this is Hawes's house, and this is Cockett's—the direct way for him to return would be by Great Cambridge-street, Hackney-road—he at first hesitated a little, and I said, "Which way?"—he said he turned to the left in the Hackney-road—I said, "What way did you take then?"—he said Elizabeth-street—I said that was right away from home, half a mile—he said, no it was only a little way, not a mile altogether—I said, "What could induce you to go out of your way, that way?"—he said it was a more convenient road for riding—I said, "That story will not do for me; there were two of you, one to ride and one to drive"—he said it was but a little way, and more convenient—Elizabeth-street would lead to Pratt's house—he denied having been to Pratt's with anybody—he was told my some one that he had taken a kilderkin of ale to Pratt's—I heard him distinctly say he had not been there—Mr. Darnell, Mr. Hanbury, and Mr. Westcott were present—about twelve o'clock on Tuesday I went to Pratt's house, I found him at home, and said there was something awkward with out men, which I was anxious to get at—he said, "What?"—I said, "They have left a cask of ale here"—he said, "There is a cask here; but where it came from, or how it came, I know not"—I said, "It came on Saturday night"—he repeated that he neither knew how or when it came—I found it in the passage—Mr. Cook, who was with me, said, "Perhaps Mrs. Pratt may remember if you don't"—Mrs. Pratt was called, and asked if she knew how the cask came there—she said, "No," she knew nothing; she left all to her husband—that was in his hearing—I said, "But Mr. Pratt, one of our men gave you a note"—he said, "A note?"—I said, "Yes; a note, which you took into the bar, returned and gave it to him again"—he said, "Oh, but there were two of them;" but he did not know whether it was Saturday, or what day—I have not examined the cask, to see whether it has been tapped—he had plenty of cellar-room to have received the cask—it was not with his other casks—I said to him, it was somewhere about half-past eight o'clock on Saturday that they left it—he said he did not know—I said, "Should you know them if you saw them"—he said, "Perhaps I might"—Shepherd was then called in, and Pratt was asked if that was one of them—he said, "Yes; to be sure it is"—he said he told him (meaning Shepherd) to put it there, pointing to the passage where the cask was; but that it being in the way of the barrow, he had turned it
over to the other side—I then saw the kilderkin, near the top of the stairs, leading to the cellar, standing on its end; the marked end downwards—the marks was "XXX" in chalk, and a "No.21;" which enabled those who have the management of the ale to tell when it was brewed—Pratt said that when he returned the note, he did not see his name on it, and so he gave it him back—I said, "Perhaps you will allow us to see your casks"—we went into the cellar—a candle was got, and we found a kilderkin of stout, and an empty cask, marked as having been filled with treble ale; they ought not to have been there—Mr. Cook was with me—Pratt went down with me into the cellar, when the casks were found Mr. Cook put some questions to him which I did not distinctly hear then—we came up, and I said to Pratt, "As you have not ordered this beer of us, and as we have not charge you with it, perhaps you will allow us to take these casks back"—he said, "By all means"—it was either me or Mr. Cook that said, "Let us go and see what other casks there are in the cellar"—I think it was me—it was before I spoke about removing the cask in question—the books are here—there is no order entered for that day, or any days before, for Pratt, for any kilderkin of ale of this kind, I have examined them for that object.
Cross-examined by MR. CLARKSON. Q. Did not you say, before Mr. Cook proposed going to the cellar, "Perhaps you have no objection to let us take the cask which you have never ordered, and we have never sent?" A. That was after we came up from the cellar, but I think I said so both before and after—I am certain those were the words I said to him—I used the word "cask"—I am not constantly in the habit of making blunders—I have never been fined, or threatened to be fined, by the firm for making any—I will not swear I did not send to Mr. Carne six barrels of 36s. ale instead of 40s., it I did, my written order will show—I will not swear I did not tell Press to load six barrels of 40s.., and take it to Crane's myself, and get back the 36s. ale; if I did I put it in writing in both cases—I swear I did not direct him to dispose of the six barrels of 36s. ale that he would receive, among any of the customers—I do not believe that I gave him a blank delivery-order for the purpose of delivering it to any other customer—I have no recollection of anything of the sort—I will not swear I did not do so—I do not recollect that Press afterwards received the ale back, and took it to three places to dispose of, and then came back and told me he could not do so—I will not swear that it did not happen, but I do not recollect it—I will not swear that Press did not tell me he had done so—I do not recollect that the 36s. ale was sent out in mistake, and afterwards brought back and put into store—I will not swear it was not—it has happened that a quantity of beer other than that which was ordered has been sent, and we have sent to change it, making a memorandum, and giving him a note to leave—I am certainly not free from mistakes, but they are very few—I have never been fined for making mistakes—it has not been the custom of the firm to fine the clerks—if a man receives orders and carelessly disobeys them he is fined—that regulation extends to the drayman—it is generally my business to call out the beer that is to be put on the dray—I called out the beer on this occasion—Press heard me—there is no one else here who heard me—I gave my written orders to Lucy to get loaded—he accordingly got Press's dray loaded, and gave the written orders to Press, who brought them to me—I took them, marked them off, read them to him, and gave him them back—he took the treble ale without any order—a number of casks were standing ready to be loaded—I and another storehouse-clerk were busy just at that time squaring our books for the day, and Lucy called out the beer to be loaded on
the dray—at the time I read out the notes, Press was ready to go away—(looking at a paper) this is my writing—it is dated 11th Sept.—(looking at it again)—it is not my writing, this "11th Sept., 1847" is not mine, I think the "31st Sept., 1847" is—they are not written by the same person—I swear it is not my writing—(looking at three other papers)—two of these are my writing, the other is either mine or a very good imitation, I would not like to swear which—I do not seem to doubt that it is mine—I never wrote this "11th Sept., 1847"—it is not a mistake for 11th Oct. to my knowledge—I did not in the first instance walk into Pratt's house as a friend, and ask him to let me taste his porter—Cook had been in—I did not send him in—I have sometimes made blunders, but was never threatened to be fined for them—I have not often made blunders, sometimes a whole week will pass over without one, and sometimes a fortnight—I have not been expected after the goods are called over, and loaded in the dray, to see that they are properly loaded—it is not a part of my duty—not to that extent—I am expected to get the orders correctly executed—I give the written orders, and expect the foreman to get them executed—it is not expected of me that I should see every order executed—it is the duty of the foremen to see that the dray contains what is in the written order—if Lucy had done his duty on this occasion, this could not have happened—beer has been several times supplied to pratt's house since this transaction—I cannot say how often—I know that immediately upon this transaction being discovered, we had an order from the counting-house to query Pratt's beer, that is, that we were not to execute any of his orders without instructions from the counting-house—Pratt has been himself to the counting-house and ordered beer, which has been delivered after we made inquiry as to whether we were justified in sending it—I do not know how soon after the order it was sent—I am not sure how many times Pratt has personally ordered beer, several times—I have not been to his house since—I have no idea how much money we have received from Pratt since this—the order-book is in Court—I should not think it was to the extent of 50l., it may possibly be 40l.—Mr. Cook stated in my presence that the chalk marks on the barrel showed him when the ale was brewed.
Q. Do not you know that by the blundering of your servants and clerks, beer or ale has been delivered to Pratt which he did not order, and for which you have afterwards received the money from Pratt? A. It has frequently happened that beer has been sent to customers who have never ordered it, but it has been entered in our books and charged to them—we have many customers of one name—we have have two named Pratt—a case occurred just in point in March last, Pratt, of Storey-street, sent to order four puncheons of porter and two barrels of single X ale, the clerk in the storehouse booked the order to Pratt, of Cheshire-street, for whom the note was made out, and to whom it was sent—on the man's reaching there, Pratt told him he had not ordered any, but he should be in want of beer in a day or two, and he might save himself the trouble of taking it back; it was taken in, he signed the receipt, the man came back and asked for instructions, he was told we might leave it, if Pratt could make room for it, and it was charged to him—this was on the Saturday, and on the Monday, Pratt, of Storey-street, came and asked why his order had not been executed—I immediately entered it to Pratt, of Storey-street, and sent it to him—they both signed the receipts—Fox was the drayman—he did not tell me that he came back by Pratt's direction, he spoke to Mr. Westcott—a kilderkin would occupy about three quarters of a yard, lengthways—Pratt's passage would allow of about three kilderkins
lying there—it is rather a wide passage—it leads from the front door—the stairs are wider than the length of a kilderkin—I believe this kilderkin had not been tapped or touched—the chalk marks remained on the cask—Pratt might have let it through the trap-door into the cellar if he had been disposed to conceal it—I did not, on the 3rd of Sept., sent stout instead of ale to Pratt—when I questioned him on this subject, and called the circumstance to his recollection, he said, "On yes, to be sure, there were two of them," meaning two men—he did not tell me he was drunk at the time—he did not say, "I have no recollection, because I was drunk at the time"—as we were leaving, he said that he had been drinking on the Saturday.
Cross-examined by MR. BALLANTINE. Q. Were are the receipts kept? A. On and in my desk—I count out a number of these notes at a time, and give them to the loading out-porter—Lucy and Brookes are the foremen draymen—I took these entries from the order-book, and gave the receipts to Lucy—we had about four or five loads at that time—I might have issued nearly 100 receipts on that day—we have from forty to forty-five drays, which are loaded sometimes twice, sometimes three times, and sometimes four times each, in the course of a day, on an average—sometimes they are only loaded once when they have long journeys to go—we issue these notes for town, and different notes for vessel or railway—sometimes we may load 60, 80, 100, or 150 for town delivery—there were, I think, eleven barrels and a half on this dray—that is nearly a full dray—at the time I had the conversation with Press on the Tuesday morning, I had found out that this kilderkin had been left at Pratt's—I was not present at the commencement of the conversation with Press—he was being questioned when I came in, and Mr. Jolliffe, a clerk to Messrs. Tanqueray, the solicitors, was taking down his answers—young Mr. Hanbury and Mr. Westcott were examining him—I accused him of having been to Pratt's, he said he had not.
MR. BODKIN. Q. What casks were moved from Pratt's house? A. A kilderkin of stout, an empty kilderkin, and an empty barrel, besides this cask—it is possible for a drayman to get a cask without our knowledge.
THOMAS LUCY. I am loading-foreman to Truman and Hanbury's. On the 11th Sept., I received these two delivery-notes for Howe and Cockett, and read them over to Press the drayman—his duty was then to go and get the dray loaded according to my orders—after the dray was loaded Press came to me and said, "I am loaded"—I gave him the notes, and he went into the counting-house—I trusted to him to see the dray properly loaded—I did not look at the load.
Cross-examined by MR. CLARKSON. Q. Are these two papers (produced) Mr. Marr's writing. A. I believe so—I think they are—it is my duty to give the draymen their orders—they very often cannot read—it is not my duty to see the goods selected, or to see them put upon the drays—I cannot say whether it was Marr's duty to see them properly upon the drays—it is the draymen's business—I tell the draymen what to get, and where to get it from, and they get it—I do not see that they carry out my orders in every case—I do sometimes—I do not know that 50l. worth of beer has been sent to Pratt's and sold since this charge—I know there has been beer sent—I know that Pratt has been there, but do not know that he paid for it—I have not seen money pass.
THOMAS BROWN. I am potman to Mr. Edmund Howe, of the Union public-house. On Saturday, the 11th of Sept., I received four puncheons of porter, one barrel of single ale, one kilderkin of double ale, and one of stout, from Press and Shepherd.
WILLIAM COCKETT. I am a customer of Trueman and Hanbury's. On the 11th Sept. a barrel of double and a barrel of treble old were left with me—Press and Shepherd came with it about eight o'clock in the evening—I signed this receipt—I received beer corresponding with the receipt—I did not notice the dray when it was in front of my house—Press told me when he was down in the cellar, that he had got a kilderkin of treble ale that he had taken out, he supposed, in a mistake, and he was going to take it back again—he did not propose to me to take it, he said he ought to have taken double ale instead of treble ale.
THOMAS JOLLIFFE. I am clerk to Messrs. Parnell and Tanqueray, solicitors to Messrs. Hanbury—I was at the brewery on the Tuesday afternoon, the 11th Sept.—I was in a room when Press was called in, and asked some questions—I made a note of the account he gave, which I have here—I gave him no caution—he did not know I was an attorney's clerk—I was desired by one of the firm to make inquiry into the transaction, I did not know who was suspected—Press was the first person I saw—I examined him and Shepherd—I took down all that passed, I will not say every word, but I believe all that was material—I did not take down the questions and answers—I took the substance of all that passed—Press stated that on Saturday evening he loaded four puncheons, one barrel of single X, one kilderkin of stout, and one kilderkin of XXX, to go to Howe of Union-street, that he found out by this delivery-note that the kilderkin of XXX should have been XX; that he therefore unloaded the kilderkin of XXX and put one of XX in its place, and he left the former at the yard door of the brewery, having first told Lucy and Brooker of the mistake; that he had also on the dray one barrel of XX, and one barrel of XXX, for Cockett of the Acorn—the above alone formed the load—that Shepherd accompanied him and assisted in the loading—that he took the beer, as stated, to Howe's, and afterwards to the Acorn, returning through Great Cambridge-street, Hackney-road, to Elizabeth-street, Pollard's-row, Bethnal-green-road, Church-row, Granby-street, Thomas-street, Brick-lane, and them to the brewery, and never called in Eyre-street, or at Mr. Pratt's, Chester-street, on his way home—that was in answer to a question put to him whether he had been to Eyre-street or to Pratt's—he said no, he had been to any house whatever, except the two where he had delivered the beer, and he had returned direct from those two houses to the brewery by the way he stated.
Cross-examined by MR. BALLANTINE. Q. When he said he had not been to Pratt's, what question was put to him? A. I believe it was Mr. Marr asked him whether he had been to Eyre-street first—he said "No," he had not—I believe Mr. Marr asked the question again—the questions were pretty well all put by him—he then asked him if he had been to Pratt's, of Chester-street, and he said "No"—I have not got "Chester-street" down—to the best of my belief he said it, I cannot swear positively—I put down all I thought material—I was not aware there were two Mr. Pratts, living at different places, both customers—Pratt was not cautioned—I believe he was spoken to by some agents of the firm before I got there—I went in and heard that some beer had been alleged to be stolen, and I was required by one of the firm to make inquiries—there was no intimation given him in my presence that the beer was supposed to be stolen—I went to make the inquiry—I was there on other business, and was sent for.
MR. BODKIN. Q. Look at your memorandum and tell me whether Pratt is described as the Pratt in question, or of Cheshire-street? A. Mr. Pratt,
of Chester-street, not Cheshire-street—I did not know who was suspected till I was examining Shepherd, because Press denied having been to Pratt's with the kilderkin in question, and Shepherd said he had.
CHARLES COOK. I am out-door clerk to Messrs. Trueman and Hanbury. On the 14th of Sept., in consequence of what I heard, I went to Pratt's house, saw him, and told him I wished to go into his cellar, to see if his casks were correct—I went down, and found two kilderkins of stout which had never been charged—I inquired if he had any other casks—he said he had another up stairs—when we had counted them all in the cellar, we went up and found the cask that was stolen on the Saturday night—beer has been supplied since this, to Mr. Johnson for Mr. Pratt—it was to oblige Mr. Johnson—I cannot say who gave the order—Pratt came after me one day in the road to endeavour to get me to take an order, but I would not take it—I was not present at the order of any of the ale—I heard Johnson admit that it was sent on his account.
Cross-examined by MR. CLARKSON. Q. Did not you go to Pratt, after as arrangement with Marr, and invite him to drink porter or ale with you, before you went down stairs? A. No, I drank some ale before we went into the cellar, but not after a conversation with Marr—I did say, before I went into the cellar, "Pratt, let us taste your ale"—I sat down in the bar with him; he had a glass, and I had a glass; we then went into the cellar—I requested to taste the stout he had in the cellar—we both drank there—I inquired if he had any more—he said, "Yes, there is one up stairs," and when we went up he said, "This is the cask"—it did not appear to me to have been broached; the chalk mark was down—I turned it up to see what mark was on it, it appeared full—I took Pratt before the Magistrate on this charge—we have continued to supply the house with ale since—I do not know that Pratt has paid for beer to the amount of 50l. since that—I do not know the amount—I know he has paid for some—I do not know of the other transaction, when beer was left without an order, which he afterwards paid for—I have only beer there about seven months—I do not know that beer has been left at Pratt's, accounted and paid for, although he had not ordered it—Johnson keeps the Mulberry Tree, in Long-alley—I have seen him at the brewhouse since this transaction—if Pratt is convicted he will no doubt lose his house.
NEW COURT.—Tuesday, October 26th, 1847.
PRESENT—Mr. Alderman KELLY; Mr. Alderman WILLIAM HUNTER; and Mr. COMMON SERJEANT.
Sixth Jury, before Mr. Common Serjeant.
GUILTY. Aged 18.— Confined Four Months.
GUILTY. Aged 21.— Confined Three Months.
GUILTY. Aged 35.— Confined Nine Months.
GUILTY. Aged 26.— Transported for Seven Years.
GUILTY. Aged 14.— Confined One Month.
GUILTY. Aged 22.— Confined Six Months.
GUILTY. Aged 24.— Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
DENNIS O'HARAN. I keep the Crown and Sceptre, in St. Luke's. On the 5th of Oct., in the afternoon, the prisoner came in and asked, me if her husband was there, and described him—I told her I had not seen him that day—she called for half-a-pint of beer, and put a new shilling over the bar into my hand—I gave her change and put the shilling into the till—she went away, and within five minutes came back with her husband—they went into the tap-room, and had a bit of a quarrel—she came out, and said, "I have found him, he is on the drink; I shall have some more"—she called for a pint of beer and put another new shilling into my hand—I said it was very queer she should have two new shilling—I took the other shilling and bent it, and found they were both bad—I came round the bar, took hold of her arm, and said, "How came you to give such money to me?"—she denied it, and made several attempts to go out, and bit my arm—I kept her, and gave her and her husband in charge—I marked the shillings and gave them to the officer—these now produced are them.
Prisoner. My husband gave them both to me.
GUILTY. Aged 47.— Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
MARY ROBERTSON. I live with my son, who keeps a baker's shop in Featherstone-street, City-road. On Saturday, the 2nd of Oct., between seven and eight o'clock in the evening, the prisoner came for half a quartern of flour—it came to fourpence farthing—I put it on the counter—she put down a crown—I did not think it was good, and took it to my son, who said it was a bad one, and took it back to the shop to the prisoner.
Prisoner. They said they could only swear to me by my shawl. Witness. I said, at the Thames Police-court, I could not swear to her positively, but to the best of my knowledge she was the person—I firmly believe her to be the person.
COURT. Q. How soon afterwards did you see her? A. In four or five days.
MELVILLE ROBERTSON. I am a baker at Featherstone-street. On Saturday evening, 2nd of Oct., my mother came to me—I took the crown which I received from my mother and went into the shop—I found the prisoner there, and said, "This is a rank bad crown-piece"—I asked her where she got it—she said her husband obtained it in payment for his wages, he being a bricklayer—I said I was not justified in giving it up, but if her husband liked to come with a policeman I would give it up—the prisoner left the shop, and I did not see her again—I marked the crown, and gave it to the policeman on duty—I saw the prisoner four or five days afterwards at the police-court, and pointed her out.
MARTHA THOMPSON. I am daughter of Clark Thompson, a publican, of High-street, Wapping. On the 7th of Oct., about nine o'clock in the evening, the prisoner came for a pint of porter—I served her—she gave me a five-shilling piece—I showed it to my mother—it was a bad one—I marked it, and gave it to the policeman—this is it—she said she had got it from a man—she was taken into custody.
JOSEPH SMITH (Thames-policeman, 71.) On the 7th Oct., I saw the prisoner pass this crown to Thompson—I took her and the crown—she told me at the station she took it from a man in Whitechapel—I asked her what man—she said she did not know.
Prisoner's Defence. I am not guilty of the first; I do not know where the shop is.
GUILTY. Aged 19.— Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
RORERT HARRIS. I keep the Crooked Billet in Ratcliff-highway. On the 1st of Oct., about half-past six o'clock in the evening, I saw the prisoner—he asked me for threepenny-worth of brandy, I served him in a teacup—he gave me a five-shilling piece—I gave him 4s. 9d. change, and put the five-shilling piece in a little private till, apart from all other money—he then had half a pint of beer, and paid me with one of my own pence—he went away, and directly he was gone I looked at the crown, and found it was bad—I went to the door, but the prisoner was out of sight—a policeman went past, and I gave him the crown—he marked it, and gave it me again—I kept it—on the 15th of Oct., about half-past six o'clock in the evening, the prisoner came again—he called for half a pint of beer—I served him—he gave me a bad shilling—I put it in my mouth, and went round to the fore door—the prisoner said, "Master, don't you like it?"—I said no, it was a bad one; closed the door, and sent for an officer—the prisoner pulled off his handkerchief, and wanted to leave it for the beer, I would not take it—I did not mention about the crown till I got to the station—I knew he was the man that passed the crown when he first came in at the door—the officer came, in about ten minutes, and the prisoner was taken into custody—I went to the station, took the crown and the shilling with me, and gave them to the officer—I said to the prisoner, "I recollect you about three weeks ago"—he said, "You are a liar."
JOSIAH CHAPLIN (policeman, H 124.) I received the prisoner in charge on the 15th of Oct.—I heard Mr. Harris charge him with having passed a bad crown at the station, and he called him a liar—I found on him a good sixpence—in going from the station to the office the next morning, he said; "They can't hurt me about the crown-piece, it is over the time."
Prisoner's Defence. It is not feasible that I should pull off my handkerchief and leave it for the beer, if I had known I had a sixpence in my pocket; I did not know it.
GUILTY. Aged 20.— Confined Six Months.
JOSEPH DOCKERILL. I am warehouseman to Mr. Edmund Ronalds, of 109, Upper Thames-street. On the 19th of Aug. there was a quantity of bacon at the warehouse, placed next a window leading to Old Swan-pier—the policeman gave information, and I missed some—I have seen this (produced), and have no doubt of its being my master's—it is of the same shilling—there is no mark on it—there was room to take it out between the bars of the window.
GEORGE NICOLL (policeman, H 99.) On the 19th of Aug. I saw the prisoner and Jackson, who was tried last Sessions (see page 937)—Jackson had a bag on his back—they saw me, and went down a turning—I took him with the bag which contained this bacon—I told another constable to take the prisoner, but he escaped—I am quite sure he is the person who was with Jackson—I was near enough to see him—he ran away.
Prisoner. I know nothing at all about the bacon; there are plenty of policeman know where I lived; I was no further off than Tower-hill. Witness. We went everywhere after the prisoner, night and day—he went away into the country.
JOSEPH BRAY (policeman, H 43.) On the morning of the 19th of Aug. I was with Nicoll, and saw the prisoner and Jackson together—I am positive the prisoner is the person—I pursued him, and said, "Homar, it is no use, if we don't have you now we shall another time."
Prisoner. He was not acquainted with me. Witness. Yes, I have seen him in Rosemary-lane with his two brothers, and his gang—I have seen him at Denmark-street station—I went dozens of time to his place, and could not find him.
Prisoner's Defence. I was coming home from work; the policeman said, "What is your name?" I said, "George Homar;" he said, "I want you for being with another chap taken for stealing bacon;" I said, "I know nothing about it.
JOSEPH SHAIN (Thames policeman.) I produce a certificate of the prisoner's former conviction on Jackson's trial at last Sessions—the prisoner was tried with Jackson—I have not seen the certificate since.
GUILTY , but not of the previous conviction. Aged 18.
Transported for Seven Years.
o'clock, the prisoner came and asked the price of bags—I told him, and he wanted five dozen—I said he could have them if he had the money—he said he had not the money, but he wanted them for Mr. Reid, and if I sent a boy with him he should have the money—he took a lot of invoices out of his pocket, and said he had been in the habit of buying bags for Mr. Sparks—he took the boy, came back with him, and told me Mr. Reid was at dinner, and the cashier was not in, he would be back about half-past five—I agreed to let the bags remain—at half-past five as the prisoner did not come, I sent the boy to Mr. Reid's, and the prisoner had had the bags away half an hour after he left them.
DANIEL DUOGIN. I was sent by Mr. Ritchie with the prisoner to Mr. Reid's to take five dozen bags, and to get the money—the prisoner had the invoice, and I was to have the money—just before I got to Mr. Reid's he took the bags of me—he laid them on a cask in Mr. Reid's shop—he just spoke to the gentleman, and came out and said Mr. Reid was at dinner, and he was to have the money at half-past five o'clock—he returned to our shop and said so—he did not come at half-past five, and at seven o'clock my master sent me to Mr. Reid's, who knew nothing about the bags.
JOHN REID. The prisoner came into my warehouse that day, while I was standing talking to a gentleman—he walked past me, laid the bags down in the warehouse, returned, and said, "I have left a bundle of bags, I shall be back in a few minutes"—I was not at dinner—I know the prisoner well, and have had dealing with him—I had not ordered any bags.
Prisoner's Defence. I am a porter; I was in great distress; I went to Mr. Reid's, where I had sold things; I saw Mr. Reid's brother; I asked if he wanted any bags; he said he did not know; I got five dozen and took them to Mr. Reid's, expecting to sell them to his brother; I could not get an answer, and I sold them and got part of the money; I did not know it was so pressing for the money for a day or two; I never intended to defraud Mr. Henry of a farthing.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to mercy by the Prosecutor.— Confined Three Months
SLADE* pleaded GUILTY. Aged 20.— Confined Six Months.
THOMAS FRANCIS DYBALL. I am a surgeon, and live in Harrow-road, Paddington. I was in Lower Thames-street on the on the 9th of Oct. I received information from the officer, and saw him take my handkerchief from Slade's pocket—he took the prisoners to the station—I went there—this is my handkerchief.
JOHN DAVIS (City policeman, 551.) On the 9th of Oct., about four' o'clock in the afternoon, I was in Lower Thames-street, and saw the prisoners together, coming from the Custom-house—I saw them follow several gentlemen—they then followed Mr. Dyball—Slade put his hand into his pocket and took something out—I asked Mr. Dyball if he had lost anything—he said, his handkerchief—I said, "Follow me"—I took the prisoners to the station, and
found this handkerchief on Slade—Jones was behind Slade when he took the handkerchief—he had a brown coat on, with pockets at the side.
Jones's Defence. I never saw Slade take the handkerchief, nor knew he had it.
JONES. GUILTY. Aged 21.— Confined Three Months.
WILLIAM DYER. I live in Watney-street, Commercial-road East. On the 25th of Sept., about four o'clock in the afternoon, I was walking from the London-docks to St. Katharine's-docks hotel to get my dinner, I heard a noise behind me, turned and saw Mr. Curtis, a butcher, who keeps a shop a few doors from the hotel, had got the prisoner—I saw my handkerchief drop from his hand—it had been safe in my pocket within five minutes—this is it.
GUILTY. Aged 20— Confined Three Months.
HENRY WILLIAM ALPHONSUS FARLEY. I keep a toy and fancy repository and a post-office, at No. 31, Fleet-street—the prisoner was in my employ upwards of two years—I missed this work-box which we call a lady's companion—it is my property—I had not sold it.
Cross-examined by MR. PARNELL. Q. You had a good opinion of the prisoner? A. Yes; I was in hopes I should have made him a good man—I trusted him with unlimited confidence—I have a great number of word-boxes—this one has the mark "22" on it in my own writing—I can swear it was in my possession within three weeks of the time when the prisoner took it away—I had only this one of this pattern, it is rather a particular article—I had not missed it until it was brought by the officer—the prisoner had 6s. 6d. a-week and presents besides—he had part of his clothes and I partly fed him—I serve in my shop, and my wife and one or two others who have to attend to the post-office—there have been some complaints from the post-office about mistakes in the accounts—I am now suffering severely from it—my property will all be sacrificed to-morrow—for many months I have found a deficiency and could not account for it—the Post-office charge me with 300l. deficiency—all the persons in my shop take money—they ought of put it into the till—the prisoner served in the shop, but mostly in the post-office.
GUILTY. Aged 18.— Confined Six Months.
RICHARD HERBERT. I was by Grenndlle's stall on 16th Oct. I saw the prisoner walk by with his hands in his pocket—he knocked the candlestick off with his elbow, then sat down, put it into his pocket, and ran off.
the prisoner's former conviction at this Court—(read—Convicted Fed., 1844, and confined Two Months)—he is the person.
GUILTY.* Aged 20.— Confined One Year.
FRANCIS WITTY. I am a news-agent, and live in Shoe-lane. The prisoner was my errand-boy—on the 9th of Oct., about seven o'clock in the morning, I sent him with a young a man to purchase three quires of "The News of the World"—he brought but two quires.
Cross-examined by MR. PAYNE. Q. You did not examine them when he brought them? A. Not at the moment—I sent him out, and examined them not five minutes afterwards, and found only two quires—there were some customers in the shop—there is always a great hurry in the morning—some times the publishers send all, and sometimes only a part of what we want, and therefore I considered they had only given him two quires—I asked him about them, and he said he had brought all the papers down.
GEORGE WILLIAM MILLER. I am the publisher of "The News of the World." On Saturday, 9th Oct., the prisoner came about a quarter before seven o'clock in the morning—I gave the young man who was with him three quires—I saw the prisoner take them, but I could not swear there were three there—they were put on a rail.
JACOB MARSHALL (City policeman 328.) I took the prisoner—I heard him state what is on this deposition—this is the Alderman's signature (read)—the prisoner says, "A strange man asked me to sell the quires for him, and told me to say they were Buck's papers; I offered them to the publisher, and as he would not take them, I returned them to the stranger."
(The prisoner received a good character.)
CATHARINE RYAN. I am the wife of Michael Ryan, a tailor, in Gravel-lane. On the 17th of Oct. I placed a sovereign and two half-sovereigns in a box; went out, and left the prisoner, who was in my husband's service, at home—he said he would stay there till I came back—I did so in three-quarters of an hour—he had then left, without notice, and the money was gone—the box was left.
Prisoner. You asked me if I was going out, I said, "No;" but when I found you did not come in, I went out; I lived with you six months, and left three times without warning. Witness. He left us three times, and received what he had owing to him; but this time he left his coat, his thimble, and his scissors, and did not come back for them.
JOHN SULLIVAN (policeman, H 172.) On the 20th of Oct. I found the prisoner in Rosemary-lane—I asked him if he took the money—he said "No"—on the 21st, before the Lord Mayor, he said if the prosecutor would take 10s. a week he would pay it.
Prisoner. I did not, that is a fiction; when this lady was out a gentleman came in and had his tea, and I went out
GUILTY. Aged 21.— Confined Four Months.
GUILTY.— Confined Four Months.
2301. PHŒNIX PARKER, THOMAS BUCKERIDGE, JOSEPH MARTIN, HENRY PALMER , and THOMAS JEFFERYS , were indicted for stealing 1 purse, value 2s.; 2 half-sovereigns; 1 half-crown; 1 shilling; and 2 groats; the property of Elizabeth Delamare; from her person.
MR. RYLAND conducted the Prosecution.
JOHN JENKINSON (policeman, G 53.) On Friday afternoon, the 1st of Oct. about ten minutes past five o'clock, I was in Sun-street, Bishopsgate, and I saw the five prisoners at the corner of Ship-alley, with another man who is not is custody—they stood there seven or eight minutes—I saw the prosecutrix come along with a lady and gentleman; they passed by where the prisoners were—when they had passed a few yards, the prisoners and the other man passed on behind the ladies and gentleman—Martin, I believe it was, passed and walked in front of the lady next the kerb—Parker then walked up to the right side of the lady, the other four covered him behind, and I distinctly saw Parker put his left hand in the lady's pocket, in her dress; he withdrew his hand instantly, and passed something to the hand of Palmer, who was on his left—I was six or seven yards from them, walking towards Palmer; he looked over his shoulder, saw me, and started off, and Parker followed him—the other four crossed to the other side of the street—I followed Palmer and Parker—Palmer outran me—I caught Parker; he said twice, "I have not got it," and laid down on the ground—I was fearful I should lose the lady, and took Parker up and carried him under my arm, went to the lady, and told her what I had seen—she felt in her pocket and said she had lost her purse.
Cross-examined by MR. PARNELL. Q. There were six of them? A. Yes—I should know the sixth man if I saw him—Parker put his left hand in the lady's right-hand pocket—Buckeridge was immediately behind him—the lady was going towards Bishopagate-street—I have not threatened that I would do something of this sort for Palmer—I do not know any toll-collector named Street—I know no Mr. Street—I believe there is a toll-collector at the corner of Sun-street; I do not know him—I know the toll-collector in the City-road, and two or three others, but not their names—I did not tell one of the toll-collectors in the City, that I would give 20l. to get Palmer lagged—nor words to that effect—I did not have a row with Palmer—he reported me for searching his stable and carts—I did not beg him to let the matter drop—he was told to appear at the superintendent's office at nine o'clock the next morning, and he did not—he was taken for an attempt at burglary a few hours after, and was convicted by the Lord Mayor.
Cross-examined by MR. HUDDLESTON. Q. Your attention was particularly attracted to the principal actors? A. Yes; but I positively speak to the whole of the prisoners.
JOHN NOONE (City policeman, 664.) I was Union-street, Bishopsgate, that day—I heard of this robbery—I afterwards saw Buckeridge in a crowd in Union-street—I took him to the station—I found on him a half-crown, a shilling, these two fourpenny pieces, and a duplicate of a ring—I afterwards showed the two fourpenny pieces to the prosecutrix—she claimed them.
Cross-examined by MR. PAYNE. Q. Where did you find the fourpenny pieces? A. In Buckeridge's left hand trowsers pocket, loose—I had no fourpenny pieces—I had no money—one of these fourpenny pieces has a small hole in it, and the other a larger hole.
JOHN SPITTLE (City policeman, 671.) I was in Bishopsgate-street on that afternoon, and saw the five prisoners near Devonshire-street—Parker was standing on the kerb, looking in every direction—after a time they went on separately into Devonshire-street, and then to the top of Houndsditch, to Aldgate—after a few minutes they returned to Houndsditch, and went back to Bishopsgate-street—I had known them before—there were six or seven altogether—I did not know their names before this.
ELIZABETH DELAMARE. I am single. On Friday afternoon, the 1st of Oct., I was in town with my mother and brother—we went to a shop in Sun-street, Bishopsgate—I saw the prisoner Parker looking in at the window—we staid in the shop about a quarter of an hour, and then left—we had got to Union-street, when the policeman came to me—I searched my pocket, and my purse was gone—I had it in my pocket when I left home—it contained two half-sovereigns, a half-crown, a shilling, and two fourpenny pieces, both perforated as these are—I believe these are them.
Cross-examined by MR. PARNELL. Q. You have not seen the purse again? A. No—Parker and Buckeridge were taken into custody first—I walked on the right side of my brother, and my mamma on the other side of him—I was nearest to the kerb.
Cross-examined by MR. PAYNE. Q. Was it not after the last three prisoners had been taken that you recollected seeing Parker looking in at the window? A. I recollected it the first time I was before the magistrate—I do not recollect saying anything to the policeman about it; I mentioned it to my father, and at the Mansion-house—my father gave me those two fourpenny pieces at different times—I do not know how long I had them—there is no mark of mine on them—I did not make the holes in them—I do not swear to these.
Cross-examined by MR. HUDDLESTON. Q. Were there many person in the street? A. It was not very much crowded.
MR. RYLAND. Q. Can you recollect what you were doing when Parker looked in at the window? A. Looking in the street—I did not take out my purse there.
JOSEPH HEDINGTON (City policeman, 20.) On the 2nd of Oct. I received instruction to took after Martin, Palmer, and Jefferys—I have known all the prisoners for years—on Sunday, the 10th of Oct., I was in the Borough, and saw Martin, Palmer, and Jefferys, with two other men and a women, standing at the corner of St. Thomas-street—I went up to them—Palmer, and a man who is not in custody, ran away—I told Martin I took him for robbing a lady, in Bishosgate-street, on the 1st of month—he said he knew nothing about it, he was not there; he had been out shooting that day—I found nothing on him—Jefferys was taken at the same time by another officer.
MICHAEL HAYDON (City-policeman, 274.) I saw Martin, Palmer, and Jefferys at the corner of St. Thomas-street, in the Borough, on the evening of the 10th of Oct.—Palmer saw me, and ran in to a public-house, I followed, took him, and told him what I took him for—he said nothing then, but on the way to the station he said, "Who is it can speak to me?"—I told him, and he said, with an oath, "Then it is all up with me, for that b----r will swear my life away"—he had a large bag with him full of wearing-apparel—he said they
were his, but afterwards said some belonged to Jefferys and to some of the others.
PARKER— GUILTY. Aged 13.— Confined One Year.
BUCKERIDGE— GUILTY.** Aged 21.
MARTIN— GUILTY. Aged 36.
PALMER— GUILTY.** Aged 24.
JEFFERYS— GUILTY * Aged 19.
Transported for Ten Years.
SAMUEL PINKERS. I am a general dealer—I had the care of Mr. Philip Lewis' stall on the 11th of July—there was a crowd of people round the stall, and I ordered a man, who I believe was White, several times off the stall—I had several watches handing up—I afterwards missed one—it has not been found—it was the property of Mr. Philip Lewis—I gave an alarm to the officer.
Cross-examined by MR. PAYNE. Q. Was it not the officer who gave an alarm to you? A. No—the stall is in Levy's clothes exchange, Houndsditch—I had nineteen watches there; some of all sorts—a boy told me about the watch—he is not here—the officer spoke to me about ten minutes afterwards—it was worth a sovereign—I saw it between eleven and twelve in the morning, and about twelve o'clock the boy told me it was gone.
ROBINSON WEBB (City-policeman, 658.) I was in Levy's clothing exchange, and saw the prisoners in company—I watched them for about three quarters of an hour, saw them go up to a jeweller's stall, Heath took up a timepiece, and attempted to steal it, but the man took it away from him—they then went to Lewis's stall, White got into conversation with Pinkers, while Heath took the watch from the nail.
JURY. Q. Were the prisoners together after they took the watch? A. I saw them leave the stall together—they were both together when they left the exchange, as far as I could see—I went after them for about twenty yards, and then did not know which turning they took—I went down one, which must have been wrong—I had seen them talking for three-quarters of an hour before.
WHITE— GUILTY.— Confined One Year.
HEATH— GUILTY. Aged 28.— Transported for Seven Years.
ANN GOODYEAR. I am a wife of Charles Goodyear—we live at Hayes. On the 23rd of Sept. the prisoner came to my house, and asked if I wanted any potatoes—I said "No"—she then asked if I wanted any damsons—I asked her the price—she said sixpence a peck; and said she would come with some
next day—she came in, sat down, and said, "I see you are a poor person like myself"—I said, "Yes"—she asked if I had got 3s.—I said, "No"—she asked if I could borrow 2s., as a servant had some clothes to sell, and if I could get 3s. she could get them—I sent my little girl to Mr. Woodruff's to borrow me 2s. or 1s. 6d.—she went with the prisoner to get the things.
ELIZABETH GOODYEAR. My mother sent me to Mr. Woodruff's to borrow 2s. or 1s. 6d.—he only had 1s. 6d.—he lent me that—the prisoner asked me to give it her, and took me down a lane, and told me to stay there three-quarters of an hour, and if she did not come then, to go home and tell my mother she would bring the things the next day in a donkey-cart—I never saw her again, nor the 1s. 6d., nor the donkey-cart.
Prisoner's Defence. I asked if she wanted to buy a cardinal cloak, a gown, and other things; she said she should like them very much; I said, "If you give me 3s., most likely I can get them;" she said she had not 3s.; the girl went to go and ask her mother's baker to lend her 2s.; she came out with 1s. 6d.—I said, "Well I will see if I can get them for that, the woman knowing me may trust me; "the girl waited while I went; I waited several minutes at the gate; I could make no one hear; a person told me the woman was gone away; I returned, and the little girl was gone; I went to my brother-in-low's the next morning for his donkey and cart; he said he could not let me have it till Monday; I was going to have it on the Monday, but the policeman and this women came; I said, "I hope you are not going to make trouble, here is the money;" the policeman said it was too late for that—if they had been ten minutes longer, I should have been gone with the money.
GUILTY. Aged 30.— Confined Three months.
GUILTY. Aged 14.— Confined Two Months.
2305. MARGARET BURKE was indicted for stealing 4 sheets, value 2l.; 1 table-cloth, 12s.; 1 shawl, 2s.; 2 gowns, 4l.; of Ann cocker, her mistress; having been before convicted of felony; two which she pleaded
GUILTY. Aged 28.— Transported for Seven Years.
GUILTY. Aged 22.— Confined Three Months.
GUILTY. Aged 24.— Transported for Seven Years.
On the evening of the 7th Oct. I went to lie down in my bed-room—I placed my watch and chain on the table; I slept about two hours—when I awoke they were gone—these are them.
Prisoner. Q. Was I in a state of intoxication? A. No you were not, or I should not have taken it.
WILLIAM GAVIN (policeman, H 220.) I took the prisoner into custody—he denied it, and said he knew nothing of it, and was as innocent as a child unborn—next morning he said he had stolen the watch, and pawned it in Rateliff-highway.
Prisoner. I was drunk when I did it, and when I denied it.
(The prisoner received a good character.)
GUILTY. Aged 28.— Confined Six Months.
OLD COURT.—Wednesday, October 27th, 1847.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice MAULE; Mr. Justice CRESSWELL; Sir CHAPMAN MARSHALL, Knt., Alderman; Mr. Alderman GIBBS; Mr. Alderman WILLIAM HUNTER; Mr. Alderman HUGHES; and EDWARD BULLOCK, Esq.
Third July, before Edward, Bullock, Esq.
DANIEL BETTERIDGE. I am a grocer and cheesemonger, at Fulham. On Friday night, the 24th of Sept., the prisoner came to my shop; he said he came to pay a bill that his mother owed me—he gave me this check for 3l. 15s. 9d.—I looked at it, and asked him who the drawer was, not knowing the name of Jameson, at Fulham—he said it was a person stopping there, who had called to pay his mother some money—I took the check and gave him the difference, 3l. odd—I paid the check away on the following Monday, to Mr. Geal.
CHARLES GEAL. I live in Great College-street, Camden-town. On the 27th of Sept. I was traveling for Mr. Baker, of Tottenham-court-road—I received this check from Mr. Betteridge, and took it to Mr. Baker—I know it, my initials are on it.
ANN CROWTHER. The prisoner is my son. On the morning of the 25th of Sept. he had some money—I asked him how he had got it—he said he had won it of a young man, at bagatelle; that the young man had not sufficient money to pay him, and gave him a check—he said he went to Mr. Batteridge with it, and paid a bill of mine—I said he had no business to pay it—he said he paid him 15s. 9d., and he gave him the change out—I did not tell him I had the check from a person that I had done work for—I did not tell him to pay the bill, because I did not know it till the morning afterwards—I never worked for a person named Jameson.
FRANCIS THOMPSON. I am cashier in the house of Glyn, Halifax, and Co.—this check was presented there for payment—I wrote on it "No account"—there was no account—we have several persons of the name of Jameson keeping accounts there, but no William Jameson this is "William"—the check is one of our regular checks, and numbered—it was given to a Mr. Higham Chapman.
ADAM DUNT (policeman, 60.) I apprehended the prisoner on Friday morning, the 8th of Oct.—I told him I wanted him—he said, "I know you do"—I took him on one side, and told him he was wanted for uttering a check to Mr. Betteridge, knowing it to be a forgery—he said he had been a d----d fool—I then cautioned him, and said he must be particular what he said to me; and he said, "I shall say no more"—as I was taking him to the Court next day, he said that a young man wrote it for him at the Swan, at Fulham; but he refused to say who the young man was—he said he had had his mother's name put to the check, because he did not believe he should get the money in his own name—I have inquired for Mr. Jameson, at Fulham, and cannot find such a person—(check read—"London, 24th of Sept., 1847, Messrs. Glyn, Halifax, Mills, and Co. Pay Mrs. Crowther, or bearer, 3l. 15s. 9d. WILLIAM JAMESON.")
Prisoner's Defence. The check was not passed with a fraudulent intention on my part; it was given me by a young man to get change for him.
GUILTY of Uttering. Aged 23.— Confined Twelve Months.
Before Mr. Justice Maule.
2310. JOHN OVENSTONE was indicted for feloniously discharging a loaded pistol at George Crawley, and causing him an injury dangerous to life; with intent to murder him: other COUNTS stating his intent to be to disfigure, disable, and do some grievous bodily harm.
MESSRS. RYLAND and, LAURIE Conducted the Prosecution.
GEORGE CRAWLEY. I am a wine-merchant, carrying on business at No. 12, Mark-lane. I know the prisoner—I first became acquainted with him about Nov., last year—I had some business dealings with him—he was coassignee with Mr. Cremer, under the bankruptcy of a person named Bond—I supplied the prisoner and Mr. Cremer with goods in Nov. and Dec. 1846; and in January of the present year—a sum of nearly 150l. was due to me from the assignees in January—there was an agreement for me to be paid at the expiration of two months—I was not paid—I applied for payment, and in consequence of not being paid, I directed an action to be brought against the prisoner and Mr. Cremer jointly—I believe the action was defended—about Aug., 1847, an execution was put into the prisoner's house—that was under the Judge's order, in recovery of my debt—I believe the goods were sold on Saturday the 11th Aug.—I had had no quarrel whatever with the prisoner—or Saturday the 14th of Aug., I was in the neighbourhood of my counting-house in Mark-lane, about four o'clock in the afternoon, and in consequence of a message that I received, I returned to my counting-house—on arriving there, I saw the prisoner sitting in a chair in the outer counting-house—I asked him whether he wished to see me—he nodded his head—I asked if he would be good enough to step into the inner room—he did so, and I followed him almost immediately afterwards—I closed the door—I said nothing to him, but he turned round and said, "What does all this mean?"—I was about to make a reply, when I received a ball from a pistol—I did not see the
pistol—I felt I was wounded, in the jaw, and I immediately rushed out of the room—I heard the report—I was immediately taken to St. Thomas's Hospital.
Q. Had you observed anything at all peculiar in the prisoner's conduct? A. No more than that at the time he was addressing me there was a shake of the head—I never had an interview with him in course of my business except once—I observed nothing particular in his manner then, expect that he stood at the door did not turn his face towards me.
Cross-examined by MR. CLARKSON. Q. Your observation of him was merely, that there appeared to be something eccentric or odd about him? A. He did not appear to me to be in anger at all, the only thing I noticed was the shaking of the head as he was uttering those words, when I received the ball—I had had a short interview with him some months before; I observed nothing remarkable about him then, except that he stood at the door, uttered a few words, and did not turn his face towards me, and left the counting-house—when he came in, he stood sideways, and did not turn his face to me—he mentioned that he could not pay the account, and immediately left—I cannot say there was anything remarkable or out of the way in his doing that; he was engaged in picking his fingers at the time, not muttering to himself, merely mentioning that he could not pay the account—that was on the first occasion—there was never at any time any quarrel between us, nor any appearance of misunderstanding—this was a mere matter of business.
COURT. Q. There was nothing particular in his manner at all to attract your attention? A. Nothing whatever.
MR. CLARKSON. Q. I do not know whether you observed either after the time, or almost at the same time when he discharged the pistol at you, whether he discharged another at himself? A. I was looking, and I found he was getting something out of his pocket; but I cannot say that I noticed what was done with it.
COURT. Q. I understand that after you felt the ball and heard the pistol, you looked and saw him apparently going to take something form his pocket, but you cannot tell whether he did or not? A. Exactly.
JOHN YATES. I am clerk to Mr. Crawley, and was so on the 14th of August—I know the prisoner; he came to our counting-house on that day about a quarter or ten minutes to four o'clock—myself and a gentleman, named Legg, a friend of Mr. Crawley's, were in the counting-house—Mr. Crawley was not there—I asked the prisoner if he would take a chair for a minute, and I would fetch Mr. Crawley to him—he did not say anything—he stood still, and I left the counting-house, went down the step leading from the counting-house into the yard, and on turning round I perceived that the prisoner was following me—I then repeated, that if he would go back and take a chair I would fetch Mr. Crawley to him—he then went back, and I went to fetch Mr. Crawley—I found him, and he followed me to the counting-house in about half a minute—the prisoner was sitting in a chair when I returned—when Mr. Crawley came in, he said he understood Mr. Ovenstone wanted to see him—Mr. Ovenstone got up from the chair, and Mr. Crawley said, "Step inside, sir"—the door between the two rooms was then shut—I am not sure whether Mr. Crawley pushed it open to allow Mr. Ovenstone to go in, or whether Mr. Ovenstone opened it himself—it was not shut, it was closed—there is no fastening—Mr. Ovenstone went in first—Mr. Crawley said a few words to Mr. Legg, who went out, and then Mr. Crawley followed Mr. Ovenstone—he followed him in less than half a minute—Mr. Crawley pushed the door to after them—they had been in the room about
half a minute, when I heard a report, as I supposed, of a pistol, and I heard Mr. Crawley crying, "Murder."—I ran towards the door—before I got to it, it flew open, and Mr. Crawley staggered out—I observed that his face was black—he then ran out into the street—I followed him outside the door of the outer counting-house, which I locked—I had no sooner done so than I heart a second report—the policeman, Strickland, came up soon after—he and I and another policeman went into Mr. Crawley's room, where we found the prisoner sitting in a chair with his elbows resting on Mr. Crawley's writing-desk, and there was a pistol alongside of him—he was bleeding—after a while the prisoner said, as well as I can recollect, that it was Mr. Crawley's own fault, that he had to thank himself for it; that it was all his doing and John Cremer's I always considered the prisoner a man whose thoughts were very much on his business—he always appeared to be a reserved kind of man—a man always full of thought.
COURT. Q. Have you had many opportunities of seeing him? A. I have met him frequently in the street—I have not talked with him often.
MR. RYLAND. Q. Is that all the observation you have made of him at say time you have seen him? A. Just so.
JOHN STRICKLAND (City policeman, 582.) I was on duty in Mark-lane, on Saturday afternoon, the 14th Aug., about four o'clock—in consequence of some information I received I went to Mr. Crawley's, No. 12, Mark-lane, and there saw Yates—he told me that his master had been shot by a man in his office, or counting-house—I produced the key from Yates, and entered the counting-house—on going through the passage, and opening the inner door, I saw the prisoner sitting in a chair, in the inner counting-house, with his head leaning on his hands, and his elbows on his knees, bleeding from the mouth—there was a pistol lying on the desk by his side, the muzzle was covered with blood, and the pistol was quite warm—it was unloaded—it apparently had been recently discharged—a policeman named Edmonds, and Mr. Harris a surgeon, came to my assistance—I observed a second pistol in the chair the prisoner was sitting on—in moving him, it fell off on the floor—that pistol appeared to have been recently discharged—I took the prisoner in a cab to Guy's Hospital—when I found the second pistol, he said it was that d—d villain Crawley had caused all this, and he was sorry it had not gone through his head, meaning his own head, putting his hand to the side of his head—I did not ask him any question—he said, "I am sorry it has not gone through my head"—he several times afterwards asked how Mr. Crawley was, or whether he was much injured—he stated he had always got his living in an honest way, but he had been very wrongly done by—he mentioned Mr. Crawley's name several times on that occasion—I searched him in the counting-house, and found on him this paper, which I produce—I have had it ever since.
Cross-examined. Q. Was it immediately after the expression he used, that that d—d villain Crawley's was the cause of all this, that he put up his hand and said, "I wish it had gone through my head?" A. No—after we had him in the cab—the observations were at two different places—one was in the room, and the other in the cab—in the room he said, "That d—d villain Crawley has been the cause of all this"—he inquired after Mr. Crawley about a minute afterwards.
COURT. Q. Where was he when he said, "I wish it had gone through my head?" A. In the room—he also said it in the cab—he said, "It was that d—d villain Crawley has done this: I wish it had gone through my head"—and afterwards, in the cab he said, "I wish it had gone through my head."
MR. CLARKSON. Q. Where was it be inquired after Mr. Crawley? A. In the room, he appeared anxious about him—I did not observe any excitement about him when he said, "That d—d villain, Crawley, has caused all this"—he appeared very quiet indeed when I entered—I did not particularly notice his countenance.
JOHN THOMAS CREMER. I was co-assignce with the prisoner to the estate of a person named Bond; in the course of that business I became acquainted with his hand-writing—I believe this paper produced by Strickland to be his hand-writing.
(The paper was here read as follows)—"Mr. Dawson has the painting of Jarius's daughter in security of the money I had on loan from him, which I wish to be settled, and intend doing so as soon as I get settled with Dr. Walker; but Mr. Sheard says he will try and claim the Statute of Limitation. This will show that he is a villain at heart, if he does so, and ought to be exposed to the world at large. See to this particularly. There are debts owing to me much greater than I owe, which can be collected, and every one paid that I justly owe, and there will be a surplus that will belong to you both, Mary and Beatrice. The disgrace which has been brought upon me by that villain, Crawley, is from my not consenting with him and Cremer to get possession of the Bull Inn, which I could not do; and I saw there was something underhand going on between them and Bond. When Cremer requested me to let him send in some articles to the Bull Inn he said that it might come to about 30l., but him and Crawley have made a different affair of it; but it will end in no good to either of them—one must go for an example to deter other such wretches from doing the like. I cannot help saying that my solicitor ought to have looked into this matter of Bond's before he advised me to be an assignee in his bankruptcy, and which, had he done so, would have prevented all that has now occurred; death is far more preferable than the disgraceful situation this villain Crawley has placed me in, and driven me to do that which I never would have contemplated. This action will, no doubt, cause a very great deal of grief to you all, but you must forgive it, as you can never expect that I can know happiness again in this world, after this villain Crawley's conduct towards me, and to see me pine away after day, I know would break your hearts; therefore console yourselves, in the best manner you can, and I trust you will meet with kind-hearted friends who will assist you and condole with you in your affliction, and time will wear smooth that which may now appear so rough and rugged to your views and feelings. Remember me to poor old Mr. Jacobs. I hope that Mrs. Drummond will keep her promise, and get your nephew, Johnny, into Christ's Hospital; I know if she can get a presentstion that she will do it.—To Mrs. Mary Dixon and Beatrice Jenkinson Ovenstone. 46, Upper Charlotte-street, Fitzroy-square. J. O."
WILLIAM GEORGE LEGO. I am an accountant, and am acquainted with Mr. Crawley. I was in his counting-house, in Mark-lane, on the afternoon of the 14th Aug.—I observed the prisoner come up the gateway, I called the attention of the clerk to his coming, and the clerk met him just on the steps of the door, and said, "Mr. Ovenstone walk in, I will fetch Mr. Crawley," as he was in the neighbourhood—I did not observe anything remarkable in the prisoner's manner or conduct—I asked him to take a chair, he walked to the back of the office and took a chair accordingly—I said, "Mr. Ovenstone do you know what o'clock it is?"—he said, "No, no;" feeling about his person, "I have left my watch at home"—I had known
him before, and always thought him a man of excitable conduct—I did not observe any excitement on this occasion.
Cross-examined. Q. Was it in a hurried manner that he said, "No, no," when you asked what o'clock it was? A. It was, slightly.
MILES JAMES RILEY. I am clerk to a wine-merchant, at No. 10, Mark-lane, next door but one to Mr. Crawley's. On the afternoon of the 14th of Aug. I heard an alarm of "Murder!" and "Police!" and went to Mr. Crawley's in consequence—I went into the inner counting-house, and saw the prisoner there bleeding profusely from the mouth and nose—he was leaning his head on his hand—there were two or three other people in the room—I asked the prisoner what could have made him do such a thing as that—he said Crawley had ruined him, that was the reason he had shot him—he then immediately said, "But how is poor Crawley, I am very sorry for it; it is a bad job, I hope you have got good advice for him"—I then observed he had shot himself outside the head, and said, "You have shot yourself outside your head"—he immediately said, "I intended it to have gone through."
FRANCIS NOCHOLLS. I am a merchant, carrying on business at No. 11, Mark-lane. On the 14th of Aug., about four o'clock, I heard a cry of "Murder!" and "Police!"—I proceeded to Mr. Crowley's, went into the counting-house, and saw the prisoner sitting by the side of the table, leaning of his hand, and blood flowing from his mouth—I waited perhaps half a minute—a policeman and other parties were there, I said, "What is this?"—it was observed to me that he had shot Mr. Crawley, and shot himself—the prisoner then said, "The d—d thing, "or something to that effect, "has not done its work"—the policeman had observed that the ball had not gone through the skull, he had pointed the pistol into his mouth, and the ball not being forcible enough, had not gone through his skull, that the ball remained in his head, and then he said, "The d—d thing has not done its work"—that was with reference to the attempt on his own life—he said, "How is poor Crawley?"—I cannot swear to every word under such exciting circumstances.
WILLIAM EDMORDS (City-policeman, 528.) On the afternoon of the 14th of Aug., in consequence of information, I went to Mr. Crawley's—I went into the inner counting-house, and there saw the prisoner—Strickland, the policeman, was there, holding a handkerchief to the left hand corner of the prisoner's mouth, where he was bleeding—Strickland called my attention to feel the bullet in his head, and I directly asked if there was a medical gentleman present, if any medical gentleman was being sent for—a gentleman in the room said, "You had better see if he has got any more fire-arms"—I felt his pockets behind, and he put his hand in, threw his papers down, and said, "I have not"—I think he said, "By G—, I have not"—I know he said he had not—I did not find any more fire-arms—I went with the prisoner in a cab to the hospital—as we were going, he threw his hands down, and said he was quite prepared—I said nothing to him about Mr. Crawley, neither while we were going nor when we were at the hospital—the bullet was extracted from his head by a gentleman, he showed it to him, and he wanted it in his hand—I heard nothing said to the prisoner about the state of Mr. Crawley—as soon as the bullet was extracted I left Strickland with him, and went to see how Mr. Crawley was, at St. Thomas's Hospital—I then went and reported the circumstance.
FRANCIS KEARSEY. I am Mr. Crawley's attorney—by his direction, on the 14th of April last, I brought an action against the prisoner and Mr. Cremer—it was on the verge of trial when a Judge's order was consented to
for the payment of the debt and costs on a given day—the date of the order was the 2nd of July—the payment was to be on or before the 3rd of Aug., and in case of default, judgment and execution—default was made, the judgment was signed, and an execution was put in, about the 14th of Aug.—I have here all the documents connected with the action, and the judgment paper—the sale took place on Saturday, the 14th of Aug.
SAMUEL HARRIS. I am a surgeon, in Fenchurch-street. On the 14th of Aug. Mr. Crawley was brought to my surgery a little after four o'clock—I examined him superficially, and saw that the hemorrhage had stopped—he had a bullet wound over the right upper jaw—he expressed a wish to go to the hospital—I told him he could go with safety, and I left him for that purpose—I then went down to Mr. Crawley's office, and found the prisoner in the position the other witnesses have described, sitting in a chair, with his head on his hands—I found that the ball had taken a superficial course, and lodged under the integuments of the scalp—the hemorrhage had ceased—the ball had taken a course under the left cheek, but I did not examine it, my attention was principally directed to the hemorrhage—I felt the ball with my head under the skin—he asked me, "How is poor Crawley?"—I told him I thought he would do well—he appeared dejected—he made no observation—I asked him what had taken place, or whether he had shot himself—I did not know exactly then what had taken place, and he intimated to me that he was exceedingly sorry that the ball had not gone into his brain, meaning his own brain—I cannot remember the exact expression he used, but it was to that effect—Mr. Crawley's wound was likely to be a dangerous one.
Cross-examined. Q. Could you judge, from the appearance of the wound that the prisoner had inflicted upon himself, whether it was a wound that had been produced from putting the pistol into his mouth, and shooting from the inside? A. I should suppose so—the wound was inside the cheek—there was an immense mass of hemorrhage and clotted blood about him—I did not wipe it away so as to ascertain the course the ball had taken, because I wished him to go off to the hospital when the hemorrhage had stopped.
SAMUEL SOLLY. I am senior assistant-surgeon at St. Thomas's Hospital—I saw Mr. Crawley on Saturday, the 14th of Aug., about half-past ten o'clock—he had been brought to the hospital, and seen by two surgeons previously—I examined him—he was in bed—I found a wound at the side of the bottom of the nose, in the cheek—it was a small round wound, it had the appearance of a gun-shot wound—I probed it, and found the probe touched metal—I extracted this bullet—(produced)—it is flattened a good deal—it was embedded in the bone of the upper jaw—it had taken a direct course from where it entered, in a straight line backwards, towards the back part of the head—it was two inches and a half deep passing along the fangs of the teeth of the upper haw—I had not much difficulty in pulling it out—it was embedded in the bone to the extent of a quarter of an inch, or perhaps less—a sufficient surface was left for the forceps to lay hold of it—I took a firm hold of it with the forceps—I consider the wound was dangerous to life—it did not directly injure any part that was vital.
COURT. Q. How long was Mr. Crawley getting well? A. I think he was about a fortnight in the hospital, and about a week afterwards before he was able to get about, but I am not quite certain about the time—the wound healed about the end of the fortnight.
MR. GILBERT M'MURDO. I am surgeon to the Gaol of Newgate, and also surgeon to Sr. Thomas's Hospital. I saw the prisoner directly he was brought to Newgate—he had been previously under my care at the other prison—he
was under my care from the time he was first remanded—I forgot the exact date, I think it was about the 18th or 28th of Aug.—he was taken to Guy's Hospital, and from there sent to us—he has been under my care ever since, either there or at Newgate, up to the present time—I have seen him constantly, and have, during the whole time, taken notice of his conduct, appearance, and demeanour—I have not observed anything to lead me to believe that he is of unsound mind.
Cross-examined. Q. Have you had conversations with him? A. Yes—more lengthened of late than at first—I should say he was a reserved man—he was very much depressed when he came in—my evidence as to the state of his mind applies only to the time during which I have seen him—I have not been acquainted with his former habits of life, or the circumstances that surrounded him, shortly before this time, until the last day or two, I have heard a little, that is merely hearsay—I have known the desperate state of a man's pecuniary affairs to be a very frequent incident to partial derangement of intellect—great losses, or any great distress, will at times produce it.
Q. Will it not very frequently be found that immediately before an attack of this kind, a man has suffered from some severe vexation or disappointment, from family troubles or pecuniary embarrassment? A. It has been believed that those circumstances have caused such excitement at different time.
Q. I do not mean to produce a wild madness and madness of that description to continue, but I mean that partial derangement which will account for a man on a sudden doing a violent act—do you understand the distinction? A. I understand the distinction, but it is a very difficult question for me to answer—as far as I can answer it, I should expect that if a man's mind was upset by such circumstances, that it would remain so upset for a considerable time—if I saw the person soon afterwards apparently sane, I should not be disposed to consider that he had been insane at that moment, for a short period, any more than I should if a man was put into a passion, which may be called madness—I know the senior physician at Hanwell, he is a man who is looked upon in the profession in every way as a man highly gifted, he has had very large opportunities of judging of this question, and of course his opinion would be worth more on such subjects than that of a person like myself.
MR. RYLAND. Q. You have said, that supposing a person to have committed an act of violence under the operation of temporary derangement of mind, you would expect it to last some time? A. I should—if this man had been in that state on the 14th Aug. I should have expected to find symptoms of it on the 28th Aug.—I did not find anything of the sort.
CHARLES HOLDING. I am deputy-surgeon to the gaol of Newgate, and am a Fellow of the Royal College of Surgeon—I have been seventeen years in the profession—the prisoner has been continually under my charge, with Mr. M'Murdo, since his committal to Newgate—I have had daily opportunities of seeing him, and have watched his conduct every day—I have conversed with him, and from all I have seen of his conduct I have had nothing to lead me to suppose he is otherwise than perfectly sound in mind.
Cross-examined. Q. You have not had very particular experience on the subject of insanity? A. No.
Witness for the Defence.
SIR JOHN EASTHOPE, BART. I live in Grafton-street, Bond-street. I have known Mr. Ovenstone upwards of twenty years—I have employed him as an upholsterer, and have always considered him a very sensible man, humane
kind, and obliging—I have seen one or two cases in which he has evinced that remarkably; one case strikes my recollection, it was that of a widow returning from India in great distress, having lost her husband, and who wanted a house fitted up—I recommended her to employ him, and she described to me that he was characterized by so much kindness, care, and good feeling, that she was much obliged for the recommendation—I have had no opportunity of seeing him within a few weeks previous to the 14th of Aug.
WILLIAM TITE, ESQ. I am the architect of the Royal Exchange. I have known Mr. Ovenstone twenty-five years, during which time I have had an opportunity of forming an opinion of his kindness and general humanity of disposition—I have the highest opinion of his kindness and benevolence—upon two occasions I had a particular acquaintance with him—it happened that twenty years ago we were assignees of an estate together, he was a great loser, his debt was 900l., but in spite of his loss, and perhaps the wrong that was done him, he attended the sale of the bankrupt's effects, bought in all the linen and plate belonging to the laky, and presented them to her, taking the chances that might follow of any repayment; and a more recent case of the same kind occurred, lady whom I know very intimately was greatly afflicted, from change of circumstances, her husband had his goods taken in execution—Mr. Ovenstone never neglected her, but called on her, and with other friends assisted to support her—he was a person of very business-like habits—I have employed him largely, and recommended him largely—I introduce him to Sir John Easthope—I had the greatest opinion of his integrity, talent, honesty, and his manners of business—his benevolence was constant.
MR. RYLAND. Q. What had you seen of him shortly before Aug.? A. He called on me one or two months previously—he appeared to me excited, spoke of some difficulties in connection with his affairs, and asked my advice as to the sale of his library; he had some good books, which he thought consistent with my pursuits—his manner was excited, and a good dead changed—I took the list, and advised him as to the best course—from that time I have not seen him—I think it was less than two months before I saw the account of this accident.
MR. HUDDLKSTON. Q. In your judgment, his manner was much changed from what you had previously noticed? A. Very much.
WILLIAM JOHN HALL. I am the proprietor of the Custom-house-quay. I have known Mr. Ovenstone twenty-three or twenty-four years—I have always known him to be the most amiable, mild, considerate man that I almost ever met with—I have had a variety of commercial transactions with him—I was co-assignee with him, where he was a very large creditor, under very aggravated circumstances, and where he showed such a feeling of kindness as is rarely met with—I have had opportunities of seeing him frequently for the last four years, and I regret to say I have seen his character extremely altered—he has frequently come to me, I having considerable influence over him, and I have constantly advised him upon his affairs—I have entreated him to let me take his affairs in hand; advised him to leave his affairs, and retire into the country for some time, for the restoration of his mind—I have seen him in an excited and unusual state, in more than one instance, and I have actually detained him in my own office—I have seen that his manner has been completely changed—only a fortnight or three weeks before this unfortunate affair he was at my house, when I rendered him pecuniary assistance—his conduct and manner at that time was wild and rambling, talking in a most incoherent
way; in short, I considered him quite unfit to manage his own affairs—he has endeavoured, in the course of this conduct, to explain to me the matter connected with Bond and Cremer, but I never could make head or tail of it—he has promised to go into his affairs—I do not believe he had nerve enough—he always spoke disjointed—I never observed that want of clearness and intellect upon commercial maters previously—I considered him a particularly able man of business, competent to understand anything, and to carry out anything he understood—I believe he has fallen under the severe pressure of kind feelings.
THOMAS TILLEARD, ESQ. , I am a solicitor in the Old Jewry, and was under-sheriff last year. I have known Mr. Ovenstone four, five, or six years during that time I have had an opportunity of knowing what has been his conduct, as a business-like, kind, able, well-disposed person—I cannot say that I have noticed any alteration latterly—I have had no opportunity of judging of it—I always considered him an excitable person—his characters was particularly good during the former part of that period—I have often heard of instances similar to those related.
MR. RYLAND. Q. How long have you sight of him? A. Not at all—I saw him within a week of this occurrence, but I had no opportunity of judging—he has lost upwards of 2000l.
HENRY SHEARD. I am an articled clerk to Mr. Taylor, of No.18, St. Paul's Churchyard. During the last five years I have been intimately acquainted with the prisoner and his business—I have noticed a very market alteration in his manner and conduct latterly—previous to that, he always struck me as a man of unusual kindness of disposition—there has been a very great change in his pecuniary affairs towards the last year—I have had under my notice, as his professional adviser, instances of large debts which have turned out to be bed, to a very large extent—a great many losses occurred almost simultaneously to a very large amount—I have noticed the effect this produced on Mr. Ovenstone's mind—he first began by complaining very bitterly of the ingratitude he had met with from particular friends, who defended actions which he was compelled to bring for debts owing to him—I have suggested courses to be adopted which I thought proper; but he was so obtain towards the latter part of our connection with him, I mean he was so obstinate and stupid—I have not noticed that on previous occasions, when I have transacted business with him—he was the most docile client I ever acted in connection with—he never would question anything—I have latterly perceived a very marked deficiency in his memory—his memory previously was strong, powperful, and retentive on certain points, particularly in matters of business—I perceived a failure on those particular points subsequently—I represented to him this matter of Mr. Crawley's in its right light, but I never could get him to my way of thinking upon it—I do not think he could have understood the facts as they really were—he did not appear to take a rational or common-sense view—he very frequently said, with great energy of manner, that he was quite sure there must be a conspiracy to ruin him on the part of all these people—Mr. Bond was bankrupt, he was an old intimate friend of the prisoner's, for the benefit of the estate, Mr. Ovenstone, as a friend, undertook the management of the hotel after Mr. Bond became a bankrupt—he lost a debt of 600l. upon the estate, about 400l. or 500l. on the furniture, and then became liable for 400l. more in the character of assignee, besides the other losses and bad debts; one was an instance of a house furnished to the extent of upwards of 400l.—the amount of bad debts occurring within about nine
months previous to this event, I calculate, approach to about 2000l., and most of them with intimate friends—that is quite independent of Mr. Bond's transaction, and the others to which I have alluded—the total loss was not so much as 5000l. or 6000l.
Q. Did you ever notice anything of this strong vehemence of manner and excitement, previous to those losses? A. He was always rather excitable, but it was a sort of liveliness rather than passion—I never noticed anything to speak of, of this excitement and vehemence of manner previous to those losses.
HENRY BACON PAUL. I am an accountant, and live at No. 26, Rodney-street, Pentonville. I have known the prisoner for twenty-two years—I have had opportunities of seeing him very generally during the last four years—I have latterly noticed a decided difference in his conduct and manner, an excitement brought on by his troubles—I never noticed conduct equal to that previously—it has displayed itself in various ways—latterly he could not have cast up three lines of figures—before that he was a moderately good accountant, not first-rate—he was able to cast up his books and balance them—he was not able to do that latterly—a lady, a friend of his, committed suicide this time twelvemonths—he had frequently alluded to that lately—it appeared to me to prey upon his mind very much—he has made very frequent allusions to it—I have frequently upon such occasions heard him give orders to his men, sometimes quite the reverse of reasonable—that has been latterly—he would arrange a thing overnight, and net morning not enter upon it, or entertain it, that was quite at variance with his former conduct—he has latterly spoken to me of apprehensions of a conspiracy—his pecuniary losses since 1844 have been about 3800l., and since May last about 1100l; three actions at law, one pending now, which will not realize a penny—he very recently gave a person named Johns, of Newman-street, credit to a great extent for goods—sufficient inquiries were not made as to the stability of that person—I and other friends urged him not go on with it, till he had made inquiry, but he would not—knowing his habits of business, I certainly think he would not have given credit upon a former occasion—he would have been more cautious—some person who owed him money pleaded the Statute of Limitations, upon which Mr. Ovenstone engaged himself in writhing large placards—I did not see where he stuck them—I heard him threaten what he would do—he has been for many years living with two unmarried sisters—one of these sisters has recently married—that came suddenly upon him—he felt that he was taken by surprise, and he said, in a desponding state, that all the world was going to leave him and abandon him—he was very desponding—his sister had formerly taken care of the household, and he regretted her goingaway from him—this is one of the sort of placards he wrote—(looking at one headed "Statute of Limitation Act")—I observed the effect that the actions and proceedings had upon him latterly, before the 14th of Aug.—he was very he depressed indeed, sometimes highly excited, did not know what he was doing, running about wild telling his troubles, them sitting down, going to settle his affairs, then leaving for hours together, I have come back, and found it in the same state, and found nothing done—he has been laboring under very strong excitement—every little thing that happened appeared to affect him latterly—I saw him on the 12th of Aug.—he was very much excited then, raving against parties that had put an execution into his house—his conduct was not at all national or reasonable, running out of the house, and running from one house to another—I was with him in St. Paul's Churchyard on the 12th—he
was very unruly about something at Mr. Sheard's—his conduct was violent—he seemed disposed to quarrel with me—eventually he would not go with me—at one time we were about parting—I saw him on Saturday, the 14th, a little after nine o'clock in the morning—hr then appeared very much depressed in spirits indeed, and was in tears—he said he had had a very restless night—his appearance was haggard and worn-out—he went about to several places, to no purpose whatever, apparently to get rid of me out of the way—I know his family—I do not know Mrs. Mary Dixon, I know Margaret—he has a sister named Mary—there were three sisters—Margaret is married to Mr. Dixon, one married Mr. Downey, and the other is unmarried—the document produced is directed to No. 46, Upper Charlotte-street—Mary is put for Margaret.
JAMES HENRY UTTING. I am an upholsterer, living in Percy-street, Tottenham-court-road. I have known Mr. Ovenstone for twenty years—I have perceived a very material change in his conduct and demeanour latterly—I had opportunities of seeing him every day in June, 1847—I did not find him the same that he was formerly—he did some work for a every respectable lady in Tavistock-street—he expressed great apprehensions of not being paid—there was no difficulty about the payment—I could not make him understand his business latterly—his memory appeared to fail him continually—he had previously been of an exceedingly kind and gentle disposition—in June and July he used to tell me to execute work in the evening an attend to certain jobs, and in the morning he had forgotten it altogether—his conduct was then harsh and unreasonable—he used bad language—I had not heard that before—I know of his pecuniary losses—he spoke to me of the effect the marriage of his sister produced upon his mind—it appeared to me to depress him—I had made observations upon his conduct, two months before I heard of this painful occurrence.
RICHART HOLT. I am a cabinet-maker, and live at No. 20, Melton-place, Euston-square. I have known Mr. Ovenstone twenty years—I was at work for him in May and June last—I have latterly observed an alteration in his manner and conduct—he did not appear to me to act in a business-like manner, quite the reverse—he was formerly a man of accuracy and precision in giving orders—latterly, although I could understand the orders when he gave them, he would alter them altogether in a few hours and not know anything at all about it—I was at work at a house he was finishing in June, his conduct was not reasonable then—I remember his acting in a strange manner at the beginning of Aug.—there appeared to me to be a total failure of memory—several instances occurred, which I could mention if necessary.
JOHN HENDERSON. I am a cabinet-maker, and live in Windmill-street, Rathbone-place. I have known Mr. Ovenstone since the earliest period of my recollection, from forty to fifty years ago—four or five months previous to Aug. he was the most benevolent in his disposition of any man I ever knew, most affectionate to those connected with him and towards those who were in distress—I have not been a great deal with him latterly—the last occasion on which I saw him was the 14th of Aug.—I met him by chance—I had returned from the sale of the property between three and four o'clock in the afternoon—there was strong excitement upon him—the expression of his eye seemed different from what I had seen before—his appearance appeared to be altered—it so much attracted my attention that I made an observation to a person whom I met afterwards—that was before I had heard of this painful occurrence.
---- BLACKBURN. I live at No. 100, Great Portland-street. I have known Mr. Ovenstone upwards of twenty years—I have noticed a great change in his character recently—before that, his manner was particularly kind and benevolent, and his conduct reasonable—I think I had seen him two or three times during the month or two previous to Aug.—of late his conduct has been very different from what I ever saw before, so much so as to attract my particular attention, before I heard of this.
THOMAS DIXON. I am the prisoner's brother-in-law. I have known him twenty-two years—I have perceived a very great alteration in his character latterly—his conduct was kind, humane, and benevolent, up to the time I observed the alteration—he was very fond of and attached to his family—he was particularly attached to his two sisters, who lived with him—I remember the time his misfortune came upon him, and the marriage of his sister—it was about that time that I observed this alteration in his conduct and character—it appeared to me that his memory failed him—I saw by his altered appearance that his nights had been very restless—he seemed to be worn out—he has repeatedly complained to me of sleepless nights—at one time he went occasionally to West-end, Hampstead—I believe he was attacked one night, and he afterwards carried pistols occasionally—I saw him on Thursday, the 12th of Aug.—he then appeared very much disheartened and depressed in spirits—I asked him whether I should purchase any articles at the sale on the Saturday—I was not able to get any answer or orders from him—he avoided it, although I went to him twice.
MARY DOWNEY. I am the sister of Mr. Ovenstone. I have been in the habit of residing with him fifteen or sixteen years—I was married in July last—I have latterly observed an alternation in his conduct, character, demeanour, and disposition—he has appeared to be quite a different person from what he was—there was a carelessness in his eating and drinking, and a disinclinetion to food—from his appearance in the morning there appeared to have been an absence of sleep—he said so—he was out of town before the 14th of Aug.—I saw him on the 12th—he then seemed very agitated in his manner, and rather melancholy—I noticed that on the Friday—his conduct was much the same as on the day before—I saw him on the Saturday, at breakfast—he had a cup of tea—I spoke to him—I only partially understood him—I could not get any answers from him, he rather evaded giving them—his manner changed on a sudden, and then he relapsed into the same state—he asked me a great many unusual questions—he said a great many things that I could not understand—I did not see him again until after this melancholy occurrence.
BEATRICE JENKINSON OVENSTONE. I am the prisoner's sister, and have lived with him upwards of twenty years. I have noticed a change in his character, conduct, and demeanour latterly, a month or two previous to Aug.—his disposition previous to that, during the many years I lived with him, was kind and lively, cheerful and humane; latterly he has become excitable, irritable, and morose—I saw him on Thursday the 12th, Friday the 13th, and Saturday the 14th of Aug.—he appeared very much depressed, so much so, that I made some communication to a friend on the subject—I was talking of taking steps, previous to hearing of this.
THOMAS PLEWS. I am a solicitor, in Old Jewry Chambers—I have known Mr. Ovenstone twenty years—I have had business transactions with him—I had a business transaction with him about twelve month ago, at which time
I saw a great change in him—he was formerly very able in business, more so than any man I ever met with—latterly he has seemed quite to have lost his capacity for business.
JOHN CONOLLY, ESQ. , M. D. I am chief physician to the Hanwell Lunatie Asylum—I am the author of a work on "Disease of the Mind"—my attention has been for many years confined to insanity and nervous affections—I have at present about 1,000 patients under my care at Hanwell, besides my own private patients—I have also a private establishment of my own—I have had an interview with the prisoner, and have heard the whole of the evidence that has been given to-day—previous to my interview with the prisoner I had read the depositions—I have endeavoured to apply my attention and experience to the circumstances of this case—the impression made upon my mind is, that at the time of committing this act the prisoner was not in a sound state of mind—I have know numerous cases where pecuniary losses and domestic afflictions have so operated upon the mind as to deprive it so reason—I believe a great many cases of moral insanity arise from pecuniary losses or domestic afflictions—I have found that in my experience—I believe cases of insanity are very much more frequent from those causes than from physical reasons—the impression upon my mind is, from all the circumstances of this case, that there has been a gradual progressive disease of the mind, that it had arrived at a very extreme state, a kind of crisis had occurred, and that his present state of mind, which is entirely that of a rational person, is not inconsistent with that view, or an uncommon sequel to violent action ensuing upon a long course of morbid irritation—I have known several cases anolagous to it—the opinion I have expressed, is strengthened by the interview I have had with the prisoner.
MR. RYLAND. Q. Your statement generally is, that you consider at the time the act was committed that he could not be in a sound state of mind? A. Yes—I do not believe him to have been unconscious of the act he committed, but I believe him to have been under an impulse which he was not in a state of mind to resist—he had lost control—that it was a sudden impulse supervening upon a long state of agitation—it appears to have been a gradual progressive disease of the mind, ending in a violent impulse, which he could not control—I do not think that he was unconscious of the act he did—I should imagine that he could not draw the distinction between right and wrong—I think he was incapable of consciousness of the wickedness of the act.
Q. In a diseased state of mind, which is arrived at after a gradual progress, does soundness of mind return speedily or suddenly? A. I think sometimes it does, having had several examples in which persons have been sent to be under our care at Hanwell; where the history has been of that kind there has been a long course of conduct showing alteration of character, irritation of mind, then a violent assault has been committed, or an attempt at suicide, and immediately after that, the conduct of the patient has become comparatively calm, or even entirely so, and from that time recovery has commenced, and eventually taken place—that is sometimes attributable to the shock, sometimes to physical effects, such as loss of blood, and sometimes to an alternation in the mode of living—a number of circumstances combine to produce the effect, but at the time the patient is quite sound.
Q. Do I collect, that, in your opinion, at the time he did this act, he was not capable of knowing that it was a guilty act? A. I clearly think that was his state of mind.
the proprietor of two establishments for the reception of such patients—I have heard the greater part of the evidence for the prosecution and defence—I was absent a few minutes—I have had an opportunity, before I came here, of reading the depositions taken before the Lord Mayor, and with Dr. Conolly, had an interview with the prisoner in the gaol—I think there is no reason to suppose that at present his mind is otherwise than sane.
Q. From all the circumstances deposed to, from the experience you have acquired, and from the interview you have had with the prisoner, do you, or do you not, agree with Dr. Conolly, that at the time this unfortunate attempt was made on the life of Mr. Crawley, the prisoner was of sound or unsound mind? A. I perfectly concur with the opinion Dr. Conolly has expressed, and for the reasons he has given.
JOHN SOPER STREETER. I am a member of the College of Surgeons, and a licentiate of the Apothecaries' Company—my attention has been generally directed to the brain and its diseases, suicide, and insanity—I knew nothing of the prisoner before this offence was committed—I have been called upon simply to express my opinion as to his state of mind when the act was done—having reference to the depositions taken against him, and the evidence produced, it is my opinion that he is not of unsound mind at the present moment—I have heard the evidence given by Dr. Conolly—I am entirely of opinion with Dr. Conolly that he was not aware of the moral nature of the act, that it was an uncontrollable impulse—I concur in the reasons given by Dr. Conolly for the conclusion to which he has come—I think that he was ignorant that he was doing wrong, that his mind was obscured with reference to the moral nature of the act, that he did not know it was wrong.
NOT GUILTY , being insane.
2311. PATRICK FAGAN was indicted for feloniously assaulting Ellen Tormey, and cutting and wounding her upon the head, with intent to disable her; 2nd COUNT, with intent to do some grievous bodily harm.
ELLEN TORMEY. I am the wife of Timothy Tormey, of No. 1, Glass-house-fields, Shadwell. On the 29th of May I and my husband slept at the prisoner's father's, at No. 8, Charles-place, Shadwell—we went to bed about eleven o'clock at night—the prisoner's father and mother came home after twelve—their room was next mine—I heard them quarrelling—I and my husband spoke about it to one another—my husband asked me what was the matter—on that the prisoner's mother came to the door—the prisoner then came to the door—he did not usually sleep in the house—he called for my husband to go outside the door, and called him a cowardly rascal—I fastened the door to prevent my husband going out, or the prisoner coming in—on that the prisoner went out into the front of the house—I raised up my window and begged him to go and have peace—he hove up a brick and struck me in the forehead, and I was stunned—I fell senseless—I do not know what happened afterwards—he threw it at me—I was taken to the London Hospital, and stopped there six months—the wound has not healed at present—there were two flower-pots on the window-sill—I did not throw them at the prisoner—I never offended him in my life, nor has my husband that I know of—he was in the room all the time—while I was at the hospital, there was a piece of brick taken from my forehead—I have it in my pocket—(producing it.)
TIMOTHY TORMEY. I am the prosecutrix's husband—I heard a disturbance—I spoke to the old man, and asked him to quiet—they tried to break open my door, but did not succeed, and went round to the front of the
house—I saw the prisoner throw a brick—it hit my wife on the forehead, and she fell senseless—I saw her bleeding; I saw no wound—I leaned over the window to call a policeman, and in so doing shoved a garden-pot, and it fell—that was by accident.
Prisoner. I and my father were discoursing together, and the witness hit me on the head, and my father on the arm with the garden-pot, and I have had two small pieces taken out of my head since I have been in the infirmary in this gaol. (The prisoner's head was bound up.) Witness. The gardenpot did not fall on the prisoner's head—it fell between where these men were standing. On the ground, it never struck any person—he was not hurt a ha'porth.
JOSEPH NASH. I was house-surgeon at the London Hospital when the prosecutrix was brought there on the 30th of May, about two o'clock in the afternoon—she had a wound in her forehead—it might have been made by a brick—it was a lacerated wound, and a very severe one—some pieces of brick were taken out of the external surface—the frontal bone was driven into the cells of the bone itself—it was a dangerous wound—she was in great danger for some time, and is not well yet—I think it is likely to do permanent injury to her brain—her memory is very bad now—the prisoner's father was very much injured also, and was in great danger—I scarcely knew which patient I should lose first, the prisoner's father or the prosecutrix—his scalp was lacerated six or seven inches—I have heard that it was done with a saucepan, or something of that kind—we have a great many of these cases at our hospital.
(The prisoner put it a written defence, stating that the present charge was preferred by the prosecutrix's husband in revenge for having been committed for two months for an assault on the prisoner's father, whom he had dangerously injured, as well as himself.)
TIMOTHY TORMEY re-examined. A charge was preferred before the Magistrate against me by the prisoner's father—he said I had assaulted him, and I went to prison for two months for it—when I came out the prisoner was in prison on my wife's charge—I had assaulted the prisoner's father—that was after going to the police-office to have him apprehended for striking my wife—the prisoner was gone then, and his father and I had a bit of a row—I knocked him down with a tin saucepan—I did not see his head after that.
MR. NASH re-examined. I cannot tell a blow given by a saucepan from one given by a flower-pot—it was a lacerated wound.
BRIDGET FAGAN. I am the prisoner's sister—about half-past eleven o'clock on Saturday night I was at my father's—he was calling my mother up stairs to bed—Mr. Tormey made use of a very bad expression to my father about my mother—she went up stairs to ask why he had called her such names—Mr. Tormey got out of bed and struck her—my brother came in and said my mother was no prostitute—Tormey got out of bed again and took a knife off the table and said he would rip his guts open—Mrs. Tormey got him in doors and he flew to the window, opened it, and was half-way out of the window in his shirt—she held him, and when he could not get out, he threw the garden-pots out and tried to hit my father with them—one of them struck him on the arm, and I heard Mr. Tormey cry out, "O my God, I am killed"—he got loose and came down stairs with an iron saucepan in his hand, and was looking about the place for my brother—he went as far as the lodge, and came back with the saucepan in his hand—my father being the nearest to him he struck him on the head several times—my father was taken to the hospital and Mrs. Tormey too—my father is so very ill through Mr. Tormey striking him, that he cannot come out now.
NEW COURT.—Wednesday, Oct. 27th, 1847.
PRESENT—Mr. Alderman GIBBS; Mr. Alderman HUGHES; and Mr. COMMON SERJEANT.
Fifth Jury, before Mr. Common Serjeant.
GUILTY. Aged 14.— Confined Three Months.
GUILTY. Aged 19.— Confined Three Months
GUILTY. Aged 21.— Confined Three Months.
HENNRY JOHN COLLETT. I carry on business at No. 39, Friday-street, and am agent to Charles Edward Dawson and another—the prisoner was my assistant. I missed fourteen ends of velvet—I have seen some of them since—here is one with a mark and number on it—it has been sold from Manchester, but was returned to me—I had not sold it.
Cross-examined by MR. PARNELL. Q. To whom had it been sold? A. To Messrs. Crocker of Watling-street—I do not carry on business myself—I am agent to Messrs. Dawson, and to others—I have missed these pieces at different times—I take stock from month to month—here is one piece I can positively swear to, No. 18,980—the others I have no doubt are mine—there are nine ends produced altogether—the prisoner purchased one piece of claret velvet himself, and two pieces of black—these others are in papers with our marks on—this one had been in a paper like this, and had the mark erased—this is the piece I can swear to—I would not swear to the others where there is the slightest possibility of a mistake.
Cross-examined. Q. Who pawned them? A. A man about forty-five years old, not the prisoner.
JOSEPH THOMPSON (policeman, F 62.) I took the prisoner—I went to his father's and received from his father a duplicate of one of these pieces of velvet—I have also a duplicate which I received form Frederick Price.
Cross-examined. Q. What are you? A. Clerk to Mr. Hammond, an
advertising agent in Lombard-street, and have been so nearly six months—I was before that in the Court of Bankruptcy about two months, and I was with an accountant for two years—I have known the prisoner about three years—I have had no duplicates of him but these—he came to my office in Lombard-street, and asked me to dispose of these—I had before asked him if he had got any pawnbroker's tickets—Mr. Clark, where his parents lodge, told me to ask him—I asked his once, and he said he would get some in two or three days—I was to try to sell them—I had never sold any before to any one—I never pawned anything in my life—I was to sell these duplicates for 10s., if I could get it—I received the duplicated on Thursday the 30th of Sept., or Friday, the 1st of Oct.—I was examined before the Magistrate on the 13th of Oct.—I said there that I received them on the 1st of Oct.—it might have been a week before that that I had the conversation about them with the prisoner—he said he would bring me some—he did not say what they were to be for, and then on the 1st of Oct. be brought me these.
2316. CHARLES HENRY GAZLEY was again indicted for stealing 36 cigars., value 8s.; 10 cheroots, 1s. 6d.; 1/2lb. weight of tobacco, 2s.; 1 cigar-case, 2s.; and 4 tin boxes, 4d.; the goods of Frederick Hill, his master.
FREDERICK HILL. I am a tobacconist, and live at 69, King William-street—the prisoner was in my service five or six weeks—he stated he had never been out in any situation before—he had no authority to purchase anything in my shop—it was strictly prohibited—I lost cigars, cheroots and tobacco—I believe these produced to be mine—I have no doubt of it.
Cross-examined by MR. PARNELL. Q. I suppose you would not swear to these? A. Yes, I will—here are two boxes I can swear to, and the papers of the shop, with the name of my predecessor printed on them—I can swear to these four cigars and six cheroots—I had a number of these cigars made expressly for my use, by Mr. Newton—I have dealt with him four or five years—they were made from my orders, and I stood over the man while he made them—I invented them, four or five months ago—they are made in a very particular way—the prisoner was prohibited from purchasing—I do not like to have such a thing done—I would not allow the young man in the shop to sell them to the lads, but he might sell as many as he could to others—I will swear to these boxes as being my property—I cannot say how long it is since I had them—I had no idea of the prisoner's dishonesty—I had a good opinion of him—these are ordinary cigar boxes, but they have the name of my predecessor on them—I gave them to the prisoner to scrape the old name out—here is the remain of the name on them—I will swear to the whole of these things, except these two tin boxes and this cigar-case, which are not mine.
GUILTY. Aged 16.— Confined Nine Months.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM LONG. I am a constable at the East and West India Docks. On the 5th of Oct., about ten minutes past four in the afternoon, I was at the gate—the prisoner came out—I called him by name, he would not answer—I ran after him, took hold of his arm, told him I wanted to speak to him, and asked him if he had anything in his hat—I thought he had by the position of it—he said he had got nothing there—I brought him into the box, took off his hat, and found in it 3 3/4 lbs. weight of cochineal—I asked how he came by it—he said he did not know, he found it in his hat, and did not know who put it in—I searched further, and found 1/2lb. more cochineal in his coat-pocket—it is worth about 4s. a pound—the prisoner was foreman of a warehouse, and he had a great many persons under him—it was not usual to rub the prisoner down when he left the docks—the foreman are not rubbed down.
Cross-examined by MR. ROBINSON. Q. You have not missed any cochineal? A. No—the prisoner had the superintendence of the floor—I do not know that he has to return the same amount of cochineal that is given to him—I am not in that floor myself—I have known him there ten or twelve years.
FINNEY HARRISON. I am warehouse-keeper in the Docks—the prisoner was foreman there—I have no doubt about this cochineal being the property of the Dock Company—the prisoner is employed where it is exposed constantly—he had the opportunity of taking it to the greatest extent.
Cross-examined. Q. I believe he is responsible for the quantity of cochineal that is brought down. A. Undoubtedly; when the bags are re-weighed after the garbling, they are expected to return the weight that is given them, minus the dust and the garbling—the dust flying away from it, it is not possible to charge him with that.
Mr. Hazlewood, a beer-seller, of Redcross-place; Mr. Ratley, a tin-plate worker; and Mr. Barrett, a baker; gave the prisoner a good character.
GUILTY. Aged 44.— Transported for Seven Years.
MR. ROBINSON conducted the Prosecution.
THOMAS SLATER. I am a butcher and live at Kensington. I wanted an alteration made in my shop, and the prisoner was recommended to me to do it—he said he could do what I wanted very easily, for a small sum—he did it, and it came to about 8l.; I said to him—"Walk into the parlour and I will pay you"—my clerk said the prisoner had had meat to the amount of 2l., and I paid him a check for 6l., which settled the account—this is the check I paid him—he made out his bill and I paid it.
Cross-examined by MR. BALLANTINE. Q. On whose account did you pay him? A. I thought he was the master—I never knew who he came from—I did not employ Messrs. Longman—I did not know the name—when the other men came, I have said to them, "Where is your master?" and they have said, "He will be here directly," and then the prisoner has come.
JOSEPH PARMAN. I was indebted to Messrs. Longman 1l. 11s. 6d.—I paid it to the prisoner—I cannot tell the date—he came for the money, and had it—the work was done about June or July, and the money was paid, it might be a month afterwards—he signed this bill.
in Brownlow-street, and I have a shop in Holborn—the prisoner was in my employ—he was to solicit orders, and to take money, and pay it to Mr. Longman or to me. when he received it—he had no right to do business on his own account—I stipulated with him that he should not do it—our firm is Longman and Co.—it consists of myself only—I knew of this work being done at Mr. Slater's—my workmen did it, with my materials and at my estimate—the prisoner never paid me the amount for that work—after being asked repeatedly about it, he stated he had received the money and paid it to Mr. Longman—I knew of the goods being supplied to Mr. Parman—I have not received that money.
Cross-examined. Q. Do you say Mr. Longman has nothing to do with the firm now? A. He is not a partner—he manages the business for me—he was once in business for himself, and the name of Longman is over the door, and on the bills—it is done out of courtesy to him—it is a customary thing—I engaged the prisoner myself—he was paid a commission of ten percent. on the receipts, but I believe nothing on the sales—he was not to receive commission on the sales which were effected, though the receipts had not taken place, except when I have advanced him money on account, and he was to receive ten per cent. when it was settle—I have settled with him—I do not owe him anything—he is in my debt—there is an account current between us—I had great difficulty to get his account from him—he was to settle every week—I will swear I am not in his debt at all—he had to make disbursements for me at times, but he was bound to consult me every time he did it, and not to do it without—he did do it, but he was found fault with for doing it—I do not know of his becoming surety for Mr. Longman, or of his accepting a bill of exchange for him—he has never been surety for me.
JOSEPH LONGMAN. I am a copper-plate maker, in High Holborn—it is Mr. Glasscott's business—I am not in partnership with him—I am employed as manager—the prisoner was his town-traveller—I received the 1l. for the wrok done at Mr. Slater's—that was on the 10th of Sept.—I had frequently asked the prisoner for the 8l. which Mr. Slater owed—I said I was surprised it was not paid, and I would call there myself—he said, "Don't do that, I will call again"—I saw him again on the 9th of Sept., and he said, "Mr. Slater has paid that money, I will pay you in the morning;" and the 1l. was brought to me by a workman—I had on several occasions desired the prisoner to call and ask for the money—I had done so on the 8th of Sept., and he said, "I can't see him; I called, and he was not in the way;" and he made many excuses—Mr. Glascott asked me if I had any gold—I said, "No"—he said, "Davidge told me he had paid you 6l."—I spoke to the prisoner, and told him Mr. Glascott had told me that he said he had paid me, and he said, "Never mind, I will pay you in the morning"—I have never received the money of Mr. Parman—I asked the prisoner to call for it on several occasions—I asked him in June or July.
Cross-examined. Q. Why is your name on these bills, and the business carried on in your name? A. Because I carried on the business for many years, and now Mr. Glascott finds money, and carries on the concern—I hired the prisoner—I made an arrangement with him, through Mr. Glascott—he was to be paid 5s. a day for the time he was employed, and to have a commission of ten per cent. on the sales he effected, when the money was paid—if it were not paid, he had nothing—I have lent him money—he has never lent me money—I borrowed money at a loan society on one occasion—the prisoner was not my surety no referee—I have been his surety for two loans of 5l. each, and I never saw one farthing of the money.
MR. ROBINSON. Q. You have been twice his surety, and had to pay the money? A. Yes—I hired the prisoner through Mr. Glascott—the first time I saw him was in Mr. Glascott's shop—he was aware that he was hired for Mr. Glascott—it was his duty to pay this money as soon as he received it.
GUILTY. Aged 42.— Confined One Year.
(There were two other indictments against the prisoner.)
2319. THOMAS HICKEY, CHARLES MARSHALL and THOMAS WILKINSON , were indicted for stealing 1 handkerchief, value 2s.; the goods of a man unknown, from his person; Marshall having been before convicted of felony.
GEORGE SCOTT (City policeman, 560.) On the morning of the 25th of Sept., I was in King William-street, and saw the three prisoners together—I knew them, and watched them—I saw them follow seven or eight different gentlemen, lay hold of the tails of their coats, and attempt to pick their pockets—I saw Wilkinson try two, and Hickey tried three or four, and Marshall was in company with them—they went up to a gentleman, and I saw Hickey take a handkerchief from his pocket—he ran across the road, and my brother officer stopped him, and took the handkerchief from him—the gentleman went up towards the Mansion-house—I have not been able to find him—it was about half-past ten o'clock.
Hickey's Defence. I never stole it; I saw it lying down as I was going on an errand for my master; I picked it up, and put it into my pocket; the officer knocked me down, and took it for me.
Marshall's Defence. I came out from home, and was going to Billingsgate; this officer came across the road, and said, "I want you;" I went with him and they said I was charged with picking a pocket.
Wilkinson"s Defence. I know nothing about it.
THOMAS BRADLEY (City policeman, 269.) I produce a certificate of Marshall's former conviction at this Court by the name of Henry Arnold—(read—convicted the 2nd of Feb., 1846, and Confined one year)—he is the person.
HICKEY— GUILTY. Aged 19.— Confined Six Months.
MARSHALL— GUILTY.* Aged 25.
WILKINSON— GUILTY.** Aged 22.
Transported for Seven Years.
GUILTY. Aged 23.— Confined Four Months.
GUILTY. Aged 23.— Confined Three Months.
GUILTY. Aged 12.— Confined One Month and Twice Whipped.
2323. GEORGE WINCHESTER was indicted for breaking and entering the dwelling-house of Thomas William Buolby, and stealing therein 1 spoon, value 3s.; and 1 pair of sugar-tongs, 7s.; his goods; to which he pleaded
GUILTY. Aged 28.— Confined Six Months.
2324. MARY CAMPBELL was indicted for stealing 1 petticoat, value 1s.; 60 pence, and 120 halfpence; the property of Hyam Solomons, her master; having been before convicted of felony; to which she pleaded
GUILTY. Aged 39.— Confined Four Months.
2325. SAMUEL BUXTON and CHARLES COX , were indicted for stealing. at St. Leonard, Shoreditch, 1 watch, value 5l.; 1 seal, 3s.; 1 key, 1s.; 10 shillings; the property of William Wiltshire, in his dwelling-house.
WILLIAM WILTSHIRE. I keep a beer-shop in Finsbury-market. On the afternoon of the 27th of Oct., about half-past five o'clock, the two prisoners came there—Buxton came first, and Cox afterwards—I had known Cox well, but not Buxton—they drank together—my watch was then in my bar, and ten shillings was in my till—the prisoner stood near the bar—Cox went out and came back, and they joined together again—they went away, and I went to look for my watch, and it was gone—I went after Cox to where he lives, and said to him, "Where is the man that was with you?"—he said, "He is in the tap-room"—I said I had lost my watch—he said he would go and search Buxton, and he did—he pulled off Buxton's clothes and found nothing—the next morning Cox came to my house, asked for a glass of ale, and said, "Have you found that watch?"—I said, "No"—he said it was a bad job—I said, "Yes; where is that man that was with you?"—he said he would go and find him—I then told the officer—this is my watch—(produced.)
JOHN HARVEY (policeman, G 118.) I went after the prisoners—I found them both together in Worship-street—I took Buxton into custody—in going to the station he cried, and said he was going to be locked up innocently—he said he would tell the truth, it was not him that took it, it was the pot-man at the Bald-faced Stag, meaning Cox.
GEORGE PARSONS. I am landlord of the Bald-faced Stag. Cox was my pot-man—I heard of this, and I looked and found this watch in a place where he was in the habit of cleaning knives, and boots and shoes—Buxton had not been there.
Cox's Defence. There is a free passage to the cellar where this watch was found; anybody could go there.
BUXTON— NOT GUILTY.
COX— GUILTY. Aged 28.— Confined Six Months.
WILLIAM GRIBBON I am manager to William Taylor Copeland, Esq. The prisoner was in his employ as a salesman—on the 9th of Oct. I charged him with stealing something form Mr. Copeland's desk, which Mr. Powell had the charge of—he faintly denied it—I asked what he had got about him—he said. "One shilling"—he took it out of his pocket, and I handed it to Mr. Powell,
who said, "This is marked"—it was one of those that had been marked the day before, and put into Mr. Powell's desk, under lock and key—I am quite sure it was one of the marked shillings.
Cross-examined by MR. SWIFT. Q. What led you to charge the prisoner with this? A. Three or four of the warehousemen had told me that he had been borrowing money of them, and not paying them—this money was not in my care—Mr. Powell came to me and said, "There are three of the marked shillings gone this morning"—the desk was in the long room—I saw the money put into the desk on Friday, and on Thursday also—I think there were seven shillings and four half-crowns—the prisoner made no resistance—I charged him with the theft, and he said, "I never stole any money in my life"—I said, "I have more reason to suspect you than anybody else"—he then gave me one shilling and said he had no more—I said, "You must have some more"—I put my hand into his waistcoat pocket, and found another marked shilling. and 7d. also.
WILLIAM VALENTINE POWELL. I am cashier at Mr. Alderman Copeland's in Portugal-street—I marked two half-crowns and seven shillings—they were put in a bowl in my desk, with two or three others—I showed the marked money to Mr. Gribbon—these are two of the marked shillings that were in my desk—the desk was locked, but the key was left in it—they were taken out of the desk by some one.
Cross-examined. Q. Where did you keep this money? A. In a money-bowl in my desk, which is generally locked up, and the key in my pocket; but in this instance the key was in the desk—I had missed money before—I saw this money in the desk on Saturday morning at a quarter-past seven, and it was gone a few minutes after eight—I had left the room, and was away half an hour—the workmen are paid by Mr. George Garrett every Friday night—when I take money for goods I place it in the bowl, and make it up to give it in every Monday—I never marked any before—I marked these in consequence of having missed several sums of money—there might be two or three persons in the room when I left, and when I came back I found three shillings were missing—two of them were found on the prisoner, and the change of one—the men's wages are 26s. a week—they are paid every Friday night—I should not expect the prisoner had spent his wages between Friday night and Saturday morning—Mr. Copeland has no partner—I pay my money to Mr. Garrett.
GUILTY. Aged 40.— Judgment Respited.
2327. ALFRED FREEMAN was indicted for stealing 1 coat, value 1l.; 2s.; 2 waistcoats, 13s.; 2 handkerchiefs, 3s.; 1 stock, 2s.; 1 razor, 3s.; 1 breast-pin, 8s.; 1 pair of boots, 4d.; 2 stockings, 4d.; 1 snuff-box, 2d.; and 1 tobacco-pouch, 2d.; the goods of John Phipps; having been before convicted of felony.
JOHN PHIPPS. I lodge at the Kenilworth Castle, King-street, Islington—I went there, leaving the articles stated at the Star Coffee-house locked up—I returned there on Friday, the 24th of Sept., found the place broken open, and the things gone—these now produced are part of them.
HARRIET RICHARDSON. The prisoner formerly lodged with me at the Star coffee-house—he came back, and asked for a lodging for three nights—he slept in the room where the prosecutor had slept—no one slept there but the
prisoner—I know these articles were locked in a closet in that room when the prisoner came—they were taken away, and I found a chisel was taken from another closet—I know these things are the prosecutor's—he has worn them in my house.
Prisoner. If I had had the property which is laid to my charge I must have had them about me when I came away; and when I went out of your house in the morning, did you see anything on me? Witness. No.
CHARLES RANDALL (policeman, N 172.) I took the prisoner in Old-street—he was wearing this waistcoat, this handkerchief, this stock, and boots—in his coat-pocket he had this pin, which he tried to throw away—I found in his pocket this snuff-box and tobacco-box.
Prisoner. If I had stolen these things the woman must have seen me with them; I was dressed as I am now.
GUILTY. Aged 21.— Transported for Seven Years.
GEORGE GARRETT. I am porter to Mr. Henry Benjamin, a fish-salesman, in St. Mary-at-hill. The prisoner came there on Wednesday, the 6th of Oct., for Mr. Cadwallader's herrings—Mr. Cadwallader had been there and brought one pad, and the prisoner took away two—Mr. Cadwallader came afterwards, I said his pad was gone—he went and found the prisoner with one pad, and he brought him back with it—he asked the prisoner what he had done with the other pad—he said he took no other away—I said, "I know better, you took two"—I saw him take two.
EDWARD CADWALLADER I am a fishmonger. In the afternoon of the 6th of Oct. I went to Mr. Benjamin's, and agreed for a pad of herrings—it was opened, and I tied it up with a string—I only agreed for one pad—I went away, bought another pad of herrings, and took them to Mr. Benjamin's shop, they told me something—I saw a porter, named Tiger, who gave me information—I saw the prisoner come from Darkhouse-lane with one pad of herrings—I followed him, and said, "Where are you going with them?"—he said, "To your place"—I examined the pad of herrings he had—they were not what I had bought.
WILLIAM MOORE. I was in my father's cart, opposite Mr. Benjamin's shop, and saw the prisoner tie two pads of herrings up—he called two men to give him a lift, and went down the market with the pads on his shoulder.
Cross-examined by MR. PRENDERGAST. Q. He did this quite openly? A. Yes—he said to the men, "Here, I want you a minute"—this was in the afternoon—there were not so many people about as there are in the morning—he went across the road, and down the market—I had not known him before.
Cross-examined. Q. How long have you known him? A. Some years, as a porter in the market—he was a little intoxicated.
JURY to GEORGE GARRETT. Q. How came you to let the prisoner have
two pads? A. Mr. Cadwallader sent word to let him have two pads—he then came, and found they were dear, and said he would have but one—when the prisoner came he said he came for two pads of herrings for Mr. Cadwallader, and I thought he had altered his mind, and would have the two—I said to the prisoner, "Take them;" and he took them.
OLD COURT.—Thursday, October 28th, 1847.
PRESENT—Lord Chief Baron POLLOCK; Mr. Justice CRESSWELL; Mr. Alderman LUCAS; Alderman GIBBS Mr. Alderman HOOPER; and EDWARD BULLOCK, ESQ.
First Jury before Edward Bullock, Esq.
GUILTY. Aged 31.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Lord Chief Baron Pollock.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
CALEB EDWARD POWELL. I am assistant-solicitor to the Mint—I produce a copy of the record of the conviction of Mary Ann Allen, alias Sanson, with another, at this COURT in April Sessions, 1842—I have examined it with the original record in Mr. Clark's office, and it is a true copy.
Cross-examined by MR. PAYNE. Q. How did you examine it? A. The original was read first, and then the other—I first looked at one, and then at the other—I have no doubt that it is a correct copy—(read—indicted with William Jones, pleaded guilty, and confined two years)
Cross-examined. Q. Did you know her before the trial? A. No—I have not seen her since till she was committed—I have a distinct recollection of her—I recognised her the moment I saw her, before I got near her—I know her by her looks and face—I should know her for twenty years to come—she pleaded guilty to the charge.
MR. BODKIN. Q. Were you in Court at the time of her trial? A. I was not—I was in attendance at the Sessions, and heard her arraigned—I took her into custody, and appeared before the Magistrate—she was remanded three times—I have no doubt whatever of her being the person.
COURT. Q. You said at first you were present at her trail? A. I am not exactly aware whether it was considered a trail; as she pleaded guilty, we were not asked for any evidence.
MARY ANN CARVER. I am bar-maid at the King of Prussia public-house, at Stratford—on the 2nd Oct., about two o'clock in the afternoon, the prisoner came and asked me for half a pint of beer—it came to a penny—she gave me
a half-crown—I gave her 2s. 5d. change—she went away, and I put the half-crown into the till—my master went to the till an hour or two after that—(I had remained in the bar all the time)—he took out a half-crown, looked at it and it was a bad one—I did not observe how it was lying in the till—it was afterwards given to Andrews, the constable—I marked it.
Cross-examined. Q. You put it into the till without looking at it? A. Yes. JOSEPH BURTENSHAW. I am assistant to William Smith, a grocer, of Albert-place, Stratford—on Saturday the 2nd of Oct., the prisoner came between two o'clock and half-past, and asked for an ounce of sugar-candy—it came to 2d.—she gave me half-a-crown in payment—I put it into the till—there were no other half-crowns there—I gave her 2s. 4d. in change, and she went away—I went to the till about ten minutes after, saw the half-crown, and found it was bad—I took it out and put it on the shelf—on the 5th of Oct., Andrews and Benton came and took it away.
Cross-examined. Q. How long was she in the shop? A. A very few minutes—I did not know her before—I saw her afterwards in company with some other women—I said I knew her by the child—she had not the child in her arms at the time—I looked round for the child—I said I was sure she was the woman—before that, the policeman pointed to her and said, "This is her," or "Is this her." I am not sure which—he did not say, "This is the woman"—there were four women in the cell—he pointed to the prisoner and said, "That is the woman;" and I said, "I knew her without."
MR. BODKIN. Q. Did you know her without his pointing? A. Yes, when I went to the cell—if I had gone alone, without the policeman, I should have known her, of my own knowledge—she had a child when she came to my house—she had not one in the cell—I have no doubt about her being the person—my house is about half a mile from the King of Prussia—it lies between there and the Coach and Horses.
ANN MIDDLEDITCH. I am the wife of James Middleditch, who keeps the Coach and Horses at Bow—on Saturday the 2nd of Oct., about three o'clock in the afternoon, the prisoner came there and called for half a pint of beer—I served her—she gave me 6d.—I gave her 5d. in change—I put the 6d. into the till on some shillings, while I gave her the halfpence; I immediately perceived it looking different to the shillings—I took out it and rubbed it, and told her it was bad—she said I did not know a bad sixpence—Benton, the policeman, was there—I gave him the sixpence—he laid his hand on her shoulder, and said she was the person he wanted—the sixpence was bent.
Cross-examined. Q. Had you a good deal of silver money in the till? A. I had—I emptied twenty-two sixpences from it afterwards on the counter—the sixpences laid on the one side, and the shillings on the other, and I put this sixpences on the shillings, that was away from the sixpences, by mere accident—I had not shut the drawer, when I returned my eye on the sixpence and saw that it looked different to the shillings—there were no other sixpences among the shillings—there might have been five or six shillings and some half-crowns.
MR. BODKIN. Q. Did you lose sight of this particular sixpence at all from the time you put it into the till until you took it out again? A. Merely in turning my eye to give her the halfpence—my eye was of course off the till for that moment—I did not go away from the place or close the drawer—I am quite certain, the sixpence I took out, was the one I had put in, but I would not swear to it—I told the Magistrate at Arbour-square I would not swear to it, though I could do so, as it had been out of my band.
COURT. Q. You say you are sure the sixpence you took out was the one you had put in? A. Yes—I should not like to swear to it, having had it out of my hand—I do not think it was one of the other sixpences, but my motive was that I wanted to avoid any further trouble—I thought the case would have been discharged—I did not tell the Magistrate so, but that was the reason I would not swear to it—I expected the Magistrate would not commit the prisoner—I said so, that he might not commit the prisoner, and that I might have no further trouble about it.
WILLIAM JOHN ANDREWS (policeman.) On the 20th Oct. my attention was called to the prisoner—I first saw her coming out of the King of Prussia public-house—I watched her, and saw her go into Mr. Smith's, the grocer's—I saw her come out of there, and go into the Yorkshire Grey, and from there to the Coach and Horses—I sent my brother constable, Benton, who was in private clothes, to watch her—I received this half-crown at the King of Prussia.
Cross-examined. Q. Was not the first place you saw her go to, the Coach and Horses at Bow? A. No—I have mentioned before to-day that she went into the King Prussia—I was in my police dress.
JOSEPH BENTON (policeman, K 381.) On Saturday, the 2nd of Oct., in consequence of something told me by Andrews, I went into the Coach and Horses public-house, and saw the prisoner there—she was served with half-a-pint of beer, and I saw her give a sixpence to Mrs. Middleditch—she gave her the change, pulled the till out, and just put the sixpence inside the till—she took it out again directly, and said, "This is a bad sixpence"—the prisoner said, "You do not know a bad sixpence"—she was going to take it up, but I prevented her, and took it up myself—she said, "You b——, you gave it yourself"—I took her into custody, and took her to the station—I was not present when she was searched—she had something in her hand, but before I could get round the counter it was gone—she had some money at the station-house—she had some barley-sugar or sugar-candy in a paper—she crammed it into her mouth, and I cried out, "She has some money in her mouth," and she ate it up as fast as she could eat it.
Cross-examined. Q. From which I suppose you inferred that it was not money, but something much nicer? A. She had a sixpence in her mouth—the searcher gave it me afterwards—I am almost sure that I have mentioned that before to-day—the searcher was not examined before the Magistrate—she is here to-day—I will not swear I told the Magistrate that the prisoner put a sixpence into her mouth with the sugar-candy, but I am most certain I did—I will not swear that I recollected it at the time—I will not swear there was a sixpence produced before the Magistrate, said to have been taken out of her mouth—I cannot say there was not—I produced the whole of the money, a sixpence and two half-crowns—the money found on her was all good.
MR. BODKIN. Q. I do not understand you now to say that you saw any sixpence in her mouth? A. No, but I called to the woman to search her, and she said there was a sixpence in her mouth—she said that in the prisoner's presence—I produce the sixpence which I took possession of at the last public-house—I was in private clothes.
MARTHA WADEY. I am a policeman's wife, and act as searcher at the station. The prisoner was brought there by Benton—I found on her two good half-crowns and a sixpence, four farthings, and I think coppers amounting to 1s. 5d.—the sixpence she took away herself from the halfpence, put
it into her mouth, and chewed it with the sugar-candy—I know she had the sixpence—the money was in a pocket in her skirt—she had no loose pocket on—she denied taking it, but I was positive she had one—I found there was a sixpence among the copper, and I afterwards missed it—I said, "There was a sixpence"—she said, "No, there was not"—I said I was certain there was, and said, "You must have it in your mouth," and she handed me the sixpence back again out of her mouth—I asked her why she should change, having so many coppers—she said they belonged to a broom person, they did not belong to her.
Cross-examined. Q. Why did not you go before the Magistrate? A. I was not required to go—the policeman did not know I had found the sixpence in her mouth till I told him—I took it to the officer with the rest of the money—I should not know it again.
MR. POWELL re-examined. I am inspector of coin to the Mint. These half-crowns are counterfeit, and cast in the same mould—this sixpence is likewise counterfeit.
GUILTY.** Aged 35.— Transported for Seven Years.
Before Mr. Justice Cresswell.
2331. JOHN KILDUFF was indicted for burglariously breaking and entering the dwelling-house of Frederick William Hanman Layton, clerk, on the night of the 7th of Oct., at St. Mary, Islington, with intent to steal, and stealing therein, 1 snuff-box, value 1l.; 3 rings, 6l.; 1 locket, 1l.; 10s.: 12 ear-rings, 15l.; 20 pieces of foreign silver coin, 3l.; and 15 English silver coins, 1l.; his property.
MR. RYLAND conducted the Prosecution.
LOUISA WALLS. I am wife of George Mansfield Walls—we were last month living in the service of the Rev. Mr. Layton, of River-house, Duncan-place, St. Mary. Islington. On the night of the 6th of Oct., I and my husband went to bed between twelve and one o'clock—we were the last persons up—we fastened all the doors and windows—we slept in the kitchen under the back drawing-room—as I was going to bed I heard a noise—my husband took a candle, and went into the kitchen—he is not here—I did not go with him—he came back, and we retired to bed—after we had been in bed some time, I heard a noise again, like some one walking about the room—I tried to rouse my husband, but could not succeed—I got up, and went to the back drawing-room with a light—the door was not quite closed—I opened it, and saw two men, the prisoner was one—I thought I had seen him before, but did not know where—he had Mr. Layton's tea-caddy in both hands—the other man had a candle in his hand—the prisoner lifted up his hand, and said, "You be still,"—I shut the door, and went down calling "Murder!" to arouse the house—I went to the bottom of the stairs and rung a bell, which brought my husband and my master to my assistance—next morning I examined the house with a policeman—the front drawing-room window shutters were pushed open, sufficient to get an arm in, when the window was open—I had fastened the inside shutter the night before, but the window-catch had something the matter with it, and it would only shut down—it could have been opened from the outside—the shutter was thrown open.
Cross-examined by MR. PAYNE. Q. How long had you been awake? A. I did not go to sleep at all, as I was not well, and I heard a continual noise—I was alarmed at seeing two men—I went up afterwards with my
husband—the men were gone then—the shutters were fastened with a bar in the middle, which does not go all the way across—I am sure the window was not partly up the night before.
REV. FREDERICK WILLIAM HANMAN LAYTON. I occupy River-house, Duncan-place, St. Mary, Islington—I went to bed early in the morning, and left Mrs. Walls up—I was alarmed, between one and two o'clock, by a violent outcry and the ringing of a bell—I put on a dressing-gown, and ran down into the room opposite to where the robbery was committed—it was undisturbed, and I went into the opposite room, the back drawing-room, and found it in disorder—I found a crow-bar on the sideboard—I missed a silver pencil-case, and a pen-knife, from a work-basket, which was overturned, and the contents strewed about—the window and shutter had not been disturbed—I went into the front drawing-room, which communicates with the back by folding doors, which were open—on entering. I saw the window wide open, and the shutters thrown up—there was a pool of candle-grease on the table, which was slightly burnt, as if a candle had been set there—I found a cabinet broken open by such an instrument as this crow-bar, and missed from it about forty English and foreign coins, a mother-of-pearl snuff-box, set in silver, three massive gold mourning rings, a silver Palais Royal medal, an elui case, and a great quantity of jewellery, principally ear-rings—I examined the window and shutter, and found marks of violence—I did not apply the crow-bar to them, but could tell by my eye that it would have produced them—I also saw marks of the instrument against the window-frame outside—it could be lifted up from the outside; it is about four feet from the ground—it is a Venetian window, the centre opens, and the sides are closed—when it was open, anybody could easily remove the shutter—it is very long, and fastened in the centre by a small pin—a person could thrust his arm into the opening of the shutters, reach the spring lock of the bar, and throw it up—I saw that done afterwards, as an experiment—I afterwards examined the garden, and saw three footsteps—I cannot say whether they were of different people—my garden is enclosed by a wall five feet high—there is a public road on one side, and on the other side next to the window is the yard of the County-court.
Cross-examined. Q. How could a person get their hand in to undo the bar? A. The shutter is very long, and is closed by a short bar in the centre, and if you push the tall shutter, the planks are elastic and give way.
JAMES BRANNAN (police-sergeant, N 9.) I was called to examine the premised about half-past one o'clock in the morning—on the party-wall, by the County-court, I found a boot, and one under the wall—I saw footmarks about the garden—on the Friday I saw the prisoner in custody, and showed him the boots—he said he knew nothing about them, they were not his—he afterwards put them on at my desire—they appeared to fit him.
Cross-examined. Q. You did not find any footmarks corresponding with them? A. No—I did not take any shoes off the prisoner's feet, and measure them.
Cross-examined. Q. What do you know them by? A. By the make—there is not another pair like them in London—I know them by the mock channel, and by the heel, and the closing—I swear they were made by me—I have made a great many like these, but not the same size—these are fives—I do not recollect making any other pair of blucher fives.
THOMAS WITHERS (policeman, N 211.) On Friday evening, the 8th of Oct., about half-past eight o'clock, I took the prisoner in High-street, Shoreditch—I told him I wanted him for a robbery in Duncan-place—he made no answer—on the way to the station he asked me if I had anybody else in custody—I said, "No"—the boots were produced to him at the station—he said he knew nothing of them—soon after that I told him I had found the man that made them—he said, "That is nice."
Cross-examined. Q. What were you about? A. I was on duty; I made a stop, and looked at him, but I did not speak to him—I was on the right-hand side going towards Islington, and he passed me on the same side.
COURT to MRS. WALLS. Q. Did you find out where you had seen the prisoner before? A. At Mr. Barber's, where we had dealt six years.
MR. PAYNE. Q. What is Mr. Barber? A. A grocer, we knew the prisoner as shopman there three years—he has left three months.
GUILTY. Aged 18.— Confined Fifteen Months.
Before Lord Chief Baron Pollock.
MR. RYLAND conducted the Prosecution.
JOHN HYDE. I am a shoemaker, in Little Chapel-street, Westminster—I have known the prisoner ten years—he called on me the evening of the 16th of Sept., about nine o'clock—he began talking about boots—he said, "Hyde, have you got that pair of boots that I tried on?"—I said, "Yes, I have"—he then told me he had been to his solicitor, and had got a check for 10l.—he produced this check—I looked at it, and laughed at him—I said, "I do not think this is a proper check, Austin; I have had several checks, but never had anything like this; it is only a bit of blank paper"—he said he had had several from his solicitor like that, that he had got it at six o'clock in the evening, that it was too late to go to the Bank, he would change it early next morning, and would I let him have a trifle that night; that it would be safer for him not to take it with him to a common lodging-house—I told him I should not like to lend any money on it—he still pressed me to take care of it—I said, "I have no money to lend you; I have just paid the last away to my workmen; come in half an hour, and I will see what I can do for you"—he went away for a time—I took the check to Mr. Dickers, a cheesemonger, in Broadway, and asked him what he thought of it—I went home again—the prisoner came again, and wanted a little money—I did not feel inclined to lend it him, so to get rid of him I let him have 6d., as he said it would be very acceptable to pay his lodging, he left the bill with me—next morning when I opened the door, between seven and eight o'clock, he was there, and wanted me to let him have half-a-crown to get his breakfast, that he should go to the banker's between nine and ten o'clock—I did not let him have any more—he then went to Pattison's the tailor's, and fetched me there—he borrowed a shilling of Pattison—I never saw him again till he was in custody.
Prisoner. Q. What time was there between your receiving that piece of paper and lending me the 6d.? A. I cannot say—you asked me to take care of it till the morning—you did not ask me to lend you 6d. till the morning.
CHARLES CHESTER. I am a solicitor in the Blackfriars-road. I keep an account at the Southwark Branch Bank of the London and Westminster Bank—I did not write this check, or authorize the prisoner or any person to write it—I have known him two years, and have seen him write on several occasions—I believe this to be in his writing—Hyde sent to me the following morning, to know whether it was my writing—(check read—"Southwark Branch Bank, Sept. 14, 1847. No.1407. Pay the Bearer, or Mr. Austin, the sum of 10l. as per account. Charles Chester, Blackfriars-road, London, £10.)
JOHN BAKER (policeman.) I was before Mr. Cottingham when the prisoner was examined—he made a statement which was taken down—it was read over to him, he signed it in my presence and Mr. Cottingham also—(read—the prisoner says, "I admit the checks produced are my writing, but I did not intend they should ever be offered for payment.")
Prisoner's Defence. I wrote the papers, but not with the intention of letting them come into the Bank, or of getting money on them; Hyde has lent me 6d. now and then; and on this evening I went merely under a false pretence, that I was going to get money on the check, I told Hyde it was to use for him to go; I had not the least intention of defrauding Mr. Chester or the Bank.
>GUILTY. Aged 27.—Recommended to mercy by the Jury.— Confined Nine Months
(There was another indictment against the prisoner.)
NEW COURT.—Thursday, Oct. 28, 1847.
PRESENT—MR. RECORDER; Mr. Alderman WILLIAM HUNTER; and Mr. Alderman HUGHES.
Sixth Jury, before Mr. Recorder.
GUILTY. Aged 17.— Confined Six Months.
GUILTY. Aged 49.— Confined Ten Days.
GUILTY. Aged 25.— Confined One Year.
MESSRS. CLARKSON and PARNELL conducted the Prosecution.
RICHARD SCOTT. I am a native of St. Helena—I am steward of the Prometheus—I arrived in London, and was paid 48l. 7s. 5d., on the 2nd of Sept.—on Saturday, the 4th of Sept., about two o' clock, I was near to Trafalgar-square—I
had seven 5l. notes, a doubloon, and four sovereigns—I was standing looking at the monument—the prisoner Saunders asked me if I knew whose monument it was—I said I did not know, but I rather thought it was Nelson's—he said he thought so too, from what he could see—he said he was a stranger in London—I said I was too—he asked me if I would go and look at Buckingham Palace—we went to Pimlico first, and saw the stables—he was admiring the stables for some time—he proposed going to a public-house—we went—I did not like the look of it—we came out, and we went to the Duke of York, kept by Mr. Harrison—we went up stairs—there was no one in the room—we had some bread and cheese, and a glass of rum and water—Saunders drank out of the same glass with me—while we were drinking, Cholm came in—he did not appear to know Saunders—he went and sat down at the farther end of the room—he drank by himself—he saw marked on the wall "Frome Ale," and he had some—he said he had beers over to New York, and had come back again to see about a fortune, that he had been to his lawyer and made it all right with him, and said he had received 40l.—he produced a green purse, which appeared to have, I should think, thirty or forty sovereigns in it—Saunders then said that there was some horseriding at Astley's Theatre, and asked me to go—I said I had been once to the theatre since I had been here, and did not care about going again—he said I had better go, it was a very fine sight—Cholm asked if we would accept of a sovereign each to buy a new hat—I said I never wore a hat in my life, and declined it—Saunders took the sovereign, or something in the shape of one, and recommended me to take one—he said I had better take it, a sovereign would not be amiss in one's pocket, but I declined it—Cholm showed his purse—he had it knocking about the table—Saunders then said I had better show my money, to appear respectable—I took out seven 5l. notes, and some gold—Saunders said, "As we are in a strange place, it would be better to secure our money"—there were three pieces of brown paper produced by one of the prisoners, and Cholm wrapped up his purse and money first, in brown paper, and put it into his pocket—he buttoned his pocket up—Saunders then wrapped up his money, which was loose—it looked like two or three sovereigns—he wrapped it in brown paper, and put it into his pocket, and buttoned it up—Saunders then wrapped up my money, as I supposed, in paper—I took from him what he wrapped up—I had no tobacco about me—there was some on the table—when I took the brown paper from Saunders, I was in the act of putting it into my fob—my trowsers were rather tight—I could not well get it in—Saunders said he would put it in for me—I gave it him, and as I thought, he put it into my fob—we left the house, and went on towards Astley's—when we had got eighteen or twenty yards, Saunders turned round and said he had left his handkerchief in the room where we had been sitting, and he asked me if I would go back and fetch it for him—I returned back, and was gone four or five minutes—when I got to the public-house, it struck me about my money—I did not go up stairs—I looked in my fob, and found, instead of the money, I had some tobacco rolled up in a piece of brown paper—I went immediately back, but could not find either of the prisoners—the road was straight along there—there were two or three lanes—if the prisoners had gone straight on at the pace we were going when I left them, I must have seen them, it was about half-past three o'clock—I went in a cab to the Bank to stop the notes—I have not had any of them back—I gave information to the police the same evening—I was taken by an officer to the station, where these men were, about ten days afterwards—they had not been pointed out to me when I went in—there were five or six persons there—I picked the prisoners out.
Cross-examined by MR. PAYNE. Q. How old are you? A. Twenty-five—I was born at St. Helena, and was at school there five or six years, till I was thirteen—I was then cellarman, at a wine and spirit merchant's, for six or seven years—I went to sea when I was nineteen or twenty, as steward—I have been at sea nearly six years—I was at St. Helena part of the time—I was on shore sometimes between three and four weeks—I afterwards got on board the Prometheus—I have never seen my notes, doubloons, or sovereigns since—I was quite sober—there were only the prisoners and myself in the room all the time—I have said that one of the men was a dark man with more whiskers than Saunders, more than he has at present—he looked different by having more whiskers when I saw him in the room than he had when I saw him at the station, and than he has now—he was not a darker man—I saw the prisoners first, after they were apprehended, at Rochester-row station—I was standing in a corner when they were let out—the policeman did not say, "Are these the two men?" to my recollection—I will not swear he did not—I knew the prisoners in a moment—I do not know what became of my notes, and doubloons, and sovereigns—I saw them put in paper—one of the prisoners must have taken them—there was no one else there—the doubloons and sovereigns were wrapped up in the notes—I smoke—I never use tobacco in any other way—I did not see any tobacco wrapped up—I had not been to any place before I met Saunders—I went to the Adelphi Theatre the first night I arrived—I did not lose any money there—I was paid at Woolwich, and then came to London—I had not been to Astley's Theatre—I went to the Adelphi with a shipmate of mine, not with any woman—on the 3rd of Sept. I went with my shipmate to two or three places, getting some little things—I did not ride about in a cab with two females—I was with one female belonging to the ship, and her husband.
COURT. Q. Was it your own money? A. Yes—it was safe till I had it wrapped up.
Cross-examined by MR. HUDDLESTONE. Q. You did not go into the first public-house that was proposed? A. We went in, but did not stay—it took us fifteen or twenty minutes to get to the second—I observed the first public-house was rather a filthy place—I went into the second public-house being struck by the appearance of it outside—it was a better looking house than the first—Cholm ordered his ale, and he moved from the further end of the room to the table where we were sitting, and brought his ale with him—Saunders and I were talking aloud—I was telling him where I had been, and Cholm struck in by telling me he had been to New York—I heard that the prisoners were taken, before I went to identify them—two policemen came to me, and said they had got two men—I went there next morning—the prisoners were both let out together—there were five or six other men there—they were not all policemen—I was not told to stand out of the way—I did not know the prisoners were going to be let out—they were the only two that were let out.
MR. PARNELL. Q. If Saunders had more whiskers than he has now, has he the same amount of whiskers now that he had when you saw him at the station? A. Yes—he had made the change between the 4th of Sept. and my seeing him at the station—I have not the slightest doubt he is the same man—I had the seven 5l. notes in my hand the moment before the brown paper was produced.
COURT. Q. How was Saunders dressed? A. In a beaver hat, a sort of plaid shooting-coat, and drab boots—he had not those clothes on when I saw him at the station, and he had lost some of his whiskers, but still I recognized
his person—I took particular notice of his voice before the Magistrate—it appeared the same as when he was in the room.
JOHN HARRISON. I am landlord of the Duke of York, in Vauxhall-road, Pimlico, about a quarter of a mile from Buckingham Palace. On the 4th, of Sept., about two o'clock, Scott came to my house with a person who I fancy was Saunders—he was a dark man with full whiskers, fuller than Saunders has got now—after they had been in a little while, Cholm came in, and went into the same room—I am positive of him—he ordered a glass of old ale—he was not sitting with Scott, but at the other end of the room—they were not talking together while I was in the room—I was in the bar when they came down, and went away together—Scott was quite sober—I had seen Cholm at my house before, and knew him by sight—I went to the station after the prisoners were taken—they came out alone, and I identified them—I cannot say how many persons were there.
Cross-examined by MR. PAYNE. Q. When the constable brought them out, he said, "Are these the men?" A. Yes—I was not sure of Saunders—I was sure Cholm—I saw them again three or four days afterwards, and he said, "Are these the men"—I said, "Yes."
MR. PARNELL. Q. Were they shown to you twice? A. Yes—I had gives a description of them to the police, two or three days before they were taken.
CHARLES RIDGWAY. I am a tailor, in Webber-street, Blackfriars-road. Saunders lodged at my house about four months, with his wife—on Saturday afternoon, the 4th of Sept., about three o'clock Mrs. Saunders gave me warning that they were going away on the Monday—on Monday morning, at six o'clock, Mr. Saunders went into the country—Mrs. Saunders left on Monday evening.
Cross-examined by MR. PAYNE. Q. They had given you notice to leave before, over and over again? A. Yes—I was not surprised at their going—their place was taken by the week—they were at liberty to go by a week's warning.
COURT. Q. Was Saunders an early man? A. He went out in general about nine in the morning, but that morning he went at six—he had gone out at six once or twice—I thought he was something of a coach-driver—on the 4th of Sept. he wore a green and blue plaid shooting-jacket—I forget what trowsers he had, but he had drab cloth boots and galoshes.
FREDERICK SHAW (police-sergeant, A 29.) I received information, and two persons were described to me by Scott and Mr. Harrison. On the 14th of Sept. I found the prisoners at Doncaster—when I first saw them Cholm was about twenty yards in front of Saunders—they then joined together—I apprehended them and brought them to town—I found on Cholm a pack of cards what are termed, "Longs and Shorts"—some are longer than the others—I found on him these two purses, a green one, and a brown one—there was 4s. 8d. in the green one; and in the brown one, forty-five pieces of brass having the appearance of sovereigns—I was at the station when the prisoners were shown to Mr. Harrison—he identified them—I had not said anything to him.
Cross-examined by MR. PAYNE. Q. Did he speak positively to both of them? A. He did to Cholm, he was not quite sure about Saunders.
MR. PARNELL. Q. Had you ever seen the prisoners together before? A. Yes, frequently—I saw them together on the 4th of Sept., between ten and eleven o'clock in the morning, on the parade in St. James's-park—I watched them for a quarter of an hour—I had seen them before that.
Cross-examined by MR. HUDDLESTON. Q. When they were identified you took care they should have a fair chance? A. They were ordered by the gaoler to go across the yard—there were several persons about who appeared to have business with the Court—I told Scott we had two men in custody, and he was to come and see if he could identify them—he first gave me information on the Wednesday after the robbery.
COURT. Q. You saw Saunders on the parade on the 4th Sept., and afterwards took him into custody, did you observe any difference in his appearance then? A. He appeared to have some of his whiskers taken off—he generally had full whiskers under the chin, and was differently dressed—on the 4th Sept. he was dressed in a dark plaid coat—a sort of shooting-jacket.
SAUNDERS— GUILTY. Aged 40.
CHOLM— GUILTY. Aged 37.
Transported for Seven Years.
JESSE JONES. I am a linen-draper, at Uxbridge. The prisoner was in my service five or six weeks—he was employed to receive money for me, and was to pay it to the cashier at the desk, unless he was out of the way—the prisoner was to make an entry of the moneys he received in his own book, and to give a check in at the desk which ought to correspond with his book—this is his book—here is an entry, last Monday, of 5s. 6d.—the check is only for 5s.
EMMA LEE. I live at Iver. I went to Mr. Jones' shop at Uxbridge, last Monday, and bought some print, some lining, and unbleached calico—the prisoner served me—I paid him two half-crowns and a sixpence—he gave me a bill which I left behind on the counter—this is it.
JOSEPH COLES. I am cashier to Mr. Jones. I saw the prisoner serve Emma Lee—as soon as she left the shop he handed me two half-crowns—I am quite certain he did not hand me the sixpence—he gave me in the check with 5s. on it—I saw him writing in his own book—I did not see the figures he made—this bill is his writing—the amount is 5s. 6 1/2d.
Prisoner. I cannot positively say whether I took the 6d. from the counter to give the cashier or not; I gave the check for 5s., and put 5s. 6d. in my book; I was serving two customers; I cannot tell how it was; it was a mistake in the check; I was taken directly, and they found nothing on me.
EDWARD SYRREL. I saw the prisoner serving Lee last Monday. I saw her pay him two half-crowns and a sixpence, which he took up from the counter, and went up to the cashier—I took the bill which he had made, to Mr. Jones.
am merely minding it for my sister till she sells the houses—the prisoner was employed by me to wait on those who came to the house—she left me on the 21st Sept.—there were no wages due to her—I agreed for none, only what she could get—I missed a shawl, gown, apron, and other things—I saw her in custody on the 27th of Sept., and she had some of my clothes on—I am quite sure these are not clothes which I authorized her to wear to give her a better appearance—I had given her a plaid mousselin-de-laine frock, and a velvet bonnet, but they were not mine—the things she had on when she was taken were not things I had given her to wear—I have lost other things—there was no one there but her on the morning she left—these things were on the chair in the parlour—I had only been confined ten days—she slept by my side—she got up and let the men in who were working at the sewer—she returned to bed and the milk woman came—I said, "Get up, there is the milk woman at the door"—she got up, and I turned and went to sleep—I saw no more of her till she was taken—I slept till ten or eleven o' clock, and then she and the things were gone—she had the whole care of the place—my husband was up stairs—any one certainly might have come into the parlour.
Prisoner. I went to live with her as a dress-lodger; she dressed me up and followed me about in the evening; and when I took a gentleman home, she took from me the money which I got; all I had was my board and lodging; she gave me the clothes, and said if I took home plenty of gentlemen she would give me other clothes; I got between five or six pounds a week for her; Emma lives in the house as a dress-lodger. Witness. There was a woman of that name, but she was not there that night.
COURT. Q. Have you decked her out from time to time with clothes, to induce gentlemen to go to the house? A. Never; she never had occasion to go out; she only acted as servant to attend the company up stairs—she had not clothes lent her by me to fetch men to the house—she never paid me the money she received from men—I promised her after I was confined, that she should have a new dress, as she was kind to me in my confinement—she was not sent out to attract men—I had no one living there but her—she did not bring in men—I have been informed since that there was a young man who had something to do with her—I believe she has a child—if my husband had anything better to do I should not be in that house.
WILLIAM ELSOM (policeman, B 231.) I received charge of the prisoner from Mr. Tisdell—she was charged with stealing a bonnet, a shawl, and a gown—she said the property she was charged with belonged to Mrs. Tisdell—she did not account for having it on—these are them.
OLD COURT.—Friday, Oct. 29th, 1847. PRESENT—The right Hon. the LORD MAYOR Chief Baron Potcock; Mr. Justice CRESSWELL; Mr. Alderman KELLY; Mr. Alderman GIBBS; Mr. Alderman CHALLIS; Mr. Alderman HUGHES; and EDWARD BULLOCK, Esq.
Fourth Jury, before Edward Bullock, Esq.
2340. WILLIAM KETTLE, GEORGE POLEY , and JOHN DAY , were indicted for burglariously breaking and entering the dwelling-house of Henry Joseph Jupp, about three in the night, at Paddington, with intent to steal, and stealing therein, 3 coats, value 14l.; 3 pairs of gloves, 2s.; 1 spoon, 1s. 6d.; 1 handkerchief, 1s. 6d.; 1 glove, 3d.; 1 nutmeg-grater, 9d.; 1 book, 6d.; 3 cruet-tops, 3s.; and 1 pencil-case, 1s.; his goods; to which
KETTLE pleaded GUILTY. Aged 21.
POLEY pleaded GUILTY. Aged 20.
DAY pleaded GUILTY. Aged 20.
Transported for seven years.
(There were other indictment against the prisoners.)
GUILTY. Aged 14.— confined Twelve Months.
2042. MICHAEL MAHONEY was indicted for stealing in the dwelling-house of Derwent Coleridge, clerk; 4 printed books, value 17s.; 3 pairs of socks, 3s.; 5 handkerchief, 5s.; 1 sheet, 2s.; and 1 case of mathematical insrtuments, 1l. 1s.; his property; and a variety of articles, the property of different person; and afterwards burglariously breaking out of the said dwelling-house.
REV. DERWENT COLERIDGE. I am principal of St. Mark's College, Chelsea. On the 19th of Sept., in consequence of something said to me, I gave information to the police—the prisoner was formerly a pupil at the College—he left, I believe, about eight or nine months ago—I know all this property (produced)—they were all articles in my custody-they have the names of the students on them—the books and clothes belong to the College—they were in keeping—they had been in the library—it is a collegiate institution—I have the separate use of it as a dwelling-house, the same as a master or warden of a college—it is my house; nobody else has the control of it.
EDWARD JENKINS. I am a student at the college—I came down first in the morning, found the shutter thrown back, and the window open, and showed it to Kentish—I know the owners of all these cases of mathematical instruments—Edward Willett is the owner of this one; this coat is mine; this Church-service belongs to Frederick Whiting; this book to Arthur Brewin; and this box of chess-men to Thomas Kentish.
HENRY MARTYN MILLS HANDFORD. I am a at this College—these two books and this atlas belong to me—I saw them safe on Saturday evening the 18th—they were missed on the Monday—they were kept in the lecture-room
in a desk which was not locked.
JOSEPH HANSON (policeman, V 133.) On the 20th of Sept., in consequence of what I heard at Mr. Coleridge's, I went in search of the prisoner, and found him in Vine-street station—I told him I wanted him for robbing St. Mark's College, Chelsea—he said he knew nothing about it—I saw Mr. Turner there—he gave me four books, two handkerchiefs, a Church-service, two duplicates, a coat, two pencils, a medal, and two farthings, which I produce—the prisoner gave his address, 22, George-street, Grosvenor-square.
ROBERT MITTELL (policeman, V 181.) On the 20th of Sept., between three and four in the afternoon, Mr. Turner told me something, and I went to George-street, Grosvenor-square; searched, and found five cases of instruments,
fifteen books, a case of razors, a ruler, a box of chess-men, a bundle of pamphlets, and other things, which are here.
THOMAS KENTISH. I am a students at St. Mark's College—this box of chess-men is mine—I had seen them safe on the Saturday evening; when I case down on Sunday morning a window was pointed out to me by Jenkins—I had fastened it, and put the shutter up about half-past nine o'clock the night before, with a clasp and two bars—it could not be opened from the outside—the window on the stair was also open—I do not know whether it had been shut the night before.
JOHN HARRISS. I am in service of Mr. Cotterell, a pawnbroker, in Oxford-street—I produced some mathematical instruments pledged by the prisoner, on Monday evening, the 20th of Sept.—I saw the prisoner, and swear to him.
WILLIAM GOLDER. I was assistant to John Thomas Neal, pawnbroker, of Duke-street, Manchester-square—I produce a case of instruments—I cannot say who pledged them—I gave duplicate, which has been produced.
Prisoner's Defence. The things were placed in my box without my knowledge; it is impossible for any person to get into the College from outside—the window is bound in the middle with an iron bar, and is not above three or four inches wide.
GUILTY.* of Stealing only. Aged 17.— Transported for seven years.
2343. ROBERT WILLIAMS was indicted for unlawfully obtaining by false pretences, 21 handkerchiefs, value 3l. 13s., and 10 yards of silk, 30s.; the goods of Wynn Ellis and others: also 18 pairs of stockings, 6l., and 30 pairs of stockings, 8l.; the goods of Joseph Wilson and others: also 36 pairs of stockings, 8l. 12s.; the goods of Joseph Wilson and others: to all of which he pledged
GUILTY. and received a good character. Aged 18.— Confined six Months.
Before Lord Chief Baron Pollock.
2344. GEORGE HILTON was indicted upon the three first COUNTS, for that he, having been adjudged a bankrupt, feloniously, wilfully, and contemptuously, did neglect to submit himself to be examined before the Count of Bankruptcy, upon the 27th of April, the day allowed him for finishing his examination; with intent to defraud his creditors. In three other COUNT, he was charged with feloniously neglecting to surrender on the 27th of April, the day limited for his surrender, with the like intent.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JAMES JOHNSTONE. I am a clerk in the office of my father, who is a messenger of the Court of Bankruptcy. I produce the proceedings in a fiat of bankruptcy against the prisoner, George Hilton—I have brought them from the Court of Bankruptcy—this is the adjudication—(The adjudication being read, was dated 8th March, 1847, declaring George Hilton, grocer, of Hythe Kent, against whom a fiat was issued on the 1st of March, 1847,by Mr. Commissioner Fonblanque, to be a bankrupt, within the true intent and meaning
of the Act; signed by the Commissioner.)—I have here the London Gazette of the 16th of March, containing the notice—(This was a notice requiring the bankrupt to surrender himself to Mr. Commissioner Holroyd on the 25th of March, at eleven o'clock in the forenoon, to make a full discovery and disclosure of his estate and effects, and for the choice of assignees, and on the 27th of April, at eleven o'clock in the forenoon, to finish his examination)—the bankrupt surrendered on the 22nd of March—here is the memorandum—(This was a memorandum of the bankrupt's surrender on the 22nd of March, purporting to be signed by himself and Mr. Commissioner Goulburn. and fixing the 25th of March, at eleven o'clock, for his appearing again)—I do not know the prisoner's writing—I remember his attending, and this minute bears his signature—he received his protection on the 22nd—he appeared again on the 25th, made a declaration that he would true answer make, and underwent an examination, which he signed—I produce it.
— ---- FITCH. I have no doubt that this signature of "George Hilton" to this minute of the 22nd of March is the prisoner's writing—I should think this signature on the 25th is also his, but I am more certain of the other.
JAMES JOHNSTONE re-examined. This is what the prisoner signed on the 25th—(This was a declaration to make a full and true disclosure of his estate and effects)—a long examination then follows—that was a meeting for the choice of assignees—it was not necessary for the bankrupt to do anything on that day—there was no adjournment till the last day—that is not necessary—he did not attend on the 27th of April, the day appointed for finishing his examination—there is here a memorandum of his not surrendering, signed by the Commissioner who was in attendance—the Court sat on that day from eleven o'clock until three.
Cross-examined by MR. BALLANTINE. Q. Who was the Commissioner before whom the fiat was taken out? A. Mr. Commissioner Holroyd—he was sitting on the 27th of April, and this memorandum is signed by him.
EDWARD MILLER. I am assistant to Mr. James Johnstone, one of the messengers of the Bankruptcy Court—I served a copy of the adjudication in this case, at the prisoner's shop in High-street, Hythe, on the 9th of March—I saw him about three days after that, in the town of Hythe—on the 16th of March I served at the same place a duplicate summons to surrender—he attended on the 25th of March.
SAMUEL JARMAN. I am clerk to Mr. Humphreys, the solicitor for this prosecution. On the 19th of Oct. I served on the prisoner notice, of which this is a copy—(This being read, was a notice to produce a duplicate of the adjudication, and a summons, dated the 15th of March, requiring him to appear before Mr. Commissioner Holroyd on the 25th of March and 27th of April, at one o'clock in the forenoon. The copy of the summons was then read).
MR. BALLANTINE (with Mr. Parry) submitted that the mere publication of the adjudication in the Gazette, was not sufficient evidence of the act of bankruptcy, but that proof of the fact should also be given, the 24th sect. of the Act(5 & 6 Vict. c. 122) applying only to civil cases; that no evidence of any fraudulent transfer of property having been tendered, the first Count could not be supported; that omission also affecting the other Counts; and that the bankrupt, having surrendered on the 25th of March, had complied with the provisions of the section, the two days there mentioned, being in the alternative, and his sur-
render on either, relieving him from the penalty consequent upon not surrendering. See The King v. Jones, 4 Barnewall & Adolphus, p. 354: and the Queen v. Kenrick, I Cox's Creminal Law Cases, p. 146.
MR. CLARKSON relied on the sufficiency of the adjudication, the Court of Bankruptcy being now a Court of Record, and no step having been taken by the bankrupt to annul the fiat, or arrest its operation.
The LORD CHIEF BARON was of opinion that the adjudication of the Bankruptcy, Court, that being a competent tribunal, was sufficient proof of the fact of bankruptcy, both in civil and criminal cases; that the 32nd sect., (upon which the indictment was framed,) made it penal for a bankrupt to refuse obedience after such adjudication; and that the day limited for the bankrupt's surrender would seem to apply to the 27th of April, when it was certainly made out these he did not appear.
MR. BALLANTINE further contended, that as no proof had been offered is support of the allegation of an intent to defraud the creditors, the defendant was entitled to an acquittal. See the Queen v. Hill, 1 Car. v Kirwan, p. 168.
Upon this point the JURY (under the direction of the LORD CHIEF BARON) found a SPECIAL VERDICT , viz., that all the allegation in the Third and Sixth Counts were made out, except the intent to defraud the creditors.
The learned Judges took until Saturday to consider the case, when Mr. Justice Cresswell, in delivering the judgment of the Court, stated that the Lord Chief Baron and himself were of opinion (having reference to the decision is the Queen v. Hill) that an intent to defraud the creditors was necessary to be alleged with regard to every act describe in the 32nd section as felonious, and there being no evidence here to sustain that allegation, the JUDGMENT must be ARRESTED.
Before Mr. Justice Cresswell.
MESSRS. BODKIN and CLARK Conducted the Prosecution.
JOSEPH PRICB (police-sergeant, 15 H.) On Sunday, 19th Sept., I was in company with Davis, a policeman, and saw the prisoners together with a child in the Hackney-road—the female appeared large in the family way—on Sunday morning, 26th of Sept., about half-past nine o'clock, I went with Davis to No. 29, Sandy's-row, Spitalfields—we went into the back room first floor, and found both the prisoners there, and also the child that I had seen with them in the Hackney-road on the Sunday previous—I asked the female prisoner if she had been ill—she said, "Yes"—I then asked her if a doctor had attended her—she said, "No"—I went out into the passage to the male prisoner, and asked if she was his daughter—he said, "Yes," and she was twenty-two years old—I asked him if she had been ill—he said, "No"—I asked him if a doctor had been there—he said, "No"—I said, "Then if she has told me she has been ill she has told me a falsehood"—he said, "Not bodily ill"—I then went back into the room where the female was, and asked if she had any objection to go with me so that a doctor might see her—she said, "I wish to see Davis, and speak to him"—Davis went in, and when he came out I went for Mr. Mears, the surgeon, and he came to her—after he had been in the room, he said to me in the presence of both the prisoners, "she has recently been confined"—I then took the man to the
station, came back, and took the female in a cab to the station, and from there to the Whitechapel Union—I left Davis in charge until I returned—that was about twelve o'clock—I then searched the prisoners' room—I found no body linen there—I received a bandage from Croning.
COURT. Q. From the appearance of the room, did they appear to have been in a miserable condition? A. There was one bed in the room, and two glasses on the table—everything else appeared in a poor state—there was very little furniture—there was a mattress on the floor, on which the child laid, but no clothes of their own.
PATRICK CURTAIN. I live at No. 8, Rosetta-place, Spitalfields, and am a shoe-maker. I am married, and have two children—the yard of my house adjoins the yard of the house where the prisoners lived—there is a door between the two yards, which was always kept fast—the houses are at right angles—if a person wanted to get from the prisoners' house into my yard, they would have to turn out of Sandy's-row into Rosetta-place, and there is a door by which they could get into my yard without coming into my house—the yard of my house is in front, and their yard at the back—on Saturday morning, 25th of Sept., between ten and eleven o'clock, I went to the privy in my yard, and observed a child lying in the privy on its right side, and its head sunk in the soil—on looking at it I saw its side beat in and out, like—it appeared to me to have life in it—I did not touch it—I called out for assistance—there was a women named M'Donald in the yard, and I afterwards called my wife—she came—after speaking to them I went for a policeman—I was gone about a quarter of an hour—I could not find one, and came back without—as I came back there were several people in Rosetta-place, and I saw the male prisoner standing outside the yard door of my house—from where I was, I could see the window of the room where the prisoners lived, and I saw the female prisoner there—the lower part of the window was open, and she was standing, looking out—on my going out I sent a man named Joseph, and he took the body of the child out of the privy—he was just talking it out as I came in—the head was sunk in the soil on one side, so that I could see the bare ear of the child—the child was not covered—it was quite clean—there was no dirt on it of any sort—it appeared as if it had been washed.
Cross-examined by MR. RYLAND. Q. You say the child was lying on its side? A. Yes—I saw the ear and upper side of the body—the months was quite covered with the soil—I saw it when it was taken out—it appeared quite dead then—I cannot say whether it was dead or alive when I first saw it, for I never handled it—I cannot say whether it was dead or alive when it was taken out of the soil—I only say it was alive when I first saw it, by seeing its side move in and out.
COURT. Q. How far was the soil of the privy below the seat? A. About two feet—Josephs reached the child with his hand easily—I called M'Donald directly I saw the child.
MARY M'DONALD. I live in the same house as the last witness—I was called by him to the privy in the yard—I saw the little baby there—the right side of the head to the ear could be seen—it was quite clean on the side that I saw, just as if it had been washed—I looked at it four or five minutes—I then went out, and Mrs. Curtain came down stairs—I was present when Josephs took it up—he put it into a tub of water—it was not alive then.
JOHN JOSEPHS. I am a general dealer, and live at No. 2, Frying-pan-alley, near Sandy's-row. In consequence of what Curtain told me, I went to the privy in the yard of his house—it was about a quarter of an hour after he spoke to me—I found an infant there, and took it out immediately—it was
dead and cold—the limbs were quite limp—I put it into a tub of water to wash the soil off—the policeman Jowett then came, and took it away.
Cross-examined. Q. Were you there when Mrs. M'Donald was? A. No.—she was in the passage when I came down stair—she had just come out, and I went in to look at the baby—there was no one else there then.
HENRY JOWETT (City policeman, 638.) On Saturday, 25th of Sept., about eleven o'clock in the morning, I was called to Curtain's house, and the child was shown me—it was a male—it was then in a tub of water—I took it to the shop of Mr. Gilbert, a surgeon—it was quite dead at that time—I took it in an apron which I borrowed of Mrs. Curtain for the purpose—she was in the yard at the time—I took it to the dead-house at Spitalfields Church, and left it wrapped up in the apron—as I was going into Curtain's house I saw the male prisoner—he said, "Come on, here is a job for you"—there was all that passed.
CATHERINE CRONIN. I am a widow, and live in the same house as the prisoners—they lived on the first floor in the middle room—the house is at the corner of the court—the window of their room looks into the yard—I had noticed some time before this that the female prisoner was in the family way—I never spoke to her about that, or she to me—I saw her on Sunday morning, 26th Sept.—she was lying on the bed in her room, and appeared very ill indeed—she had a gown on, and a shawl tied round her waist as a bandage—I said to her, "Tilda, my dear, what is it you have done?"—she gave me no answer—I put my arm under her head to lift her up as she was rather faint like—she looked up at me and cried—I said, 'Tilda, my dear, I hope your father don't know anything about this"—she said, "No, my father does not know anything about it"—the policeman thes asked her who she wished to change her, and put something on—she said me—I undressed her, and found no chemise on her—I put her on a clean one that was airing on the chair—I found her not so large as she had been, but I found her bosom full of milk—I have had eight children myself—she appeared like a women who had recently had a child—I said nothing about a child—I said, "Tilda, my dear I am sorry for your misfortune"—she never made me any answer, but still cried—I did not ask her anything else.
Cross-examined. Q. You had known her before this time? A. Yes, from the time she came to the house—I do not know what clothes were about the room—I just kept my eye on herself, seeing her in a faint—I do not know what was in the room at all—her chemise was before the fire airing, and her flannel petticoat—she had no shift on her—she had the shawl tied round her as a bandage, like a women that had been confined.
FRANCES NATHAN. I am the wife of Abraham Nathan, and live in the same house as the prisoners—my room is under theirs, which is on the first floor—mine is the back room, looking towards the yard, and their is the back also. On Saturday morning, the 25th of Sept., about half-past five or six o'clock, I heard a noise in their room, just over my head—it was as if the male prisoner was walking up and down the room, as if he going towards her bedside—I think it was the male prisoner, because I knew his footstep—about seven o'clock I heard him come down and go into the yard—he remained there about five minutes, and I heard him go up stairs again—I saw him about nine o'clock, come from his own place, go down stairs, and go into the yard—I did not see him come down, I heard him—I was at the
window, and saw him go into the water-closet with a pail—he remained there a minute or two—I saw him come out again, and bring the pail with him—it was a round pail, in the shape of a barrel, and was a pail that I knew to be in the house—it was their pail, and it was kept in their room—it had no cover—he went up stairs again—a short time after that, I went myself into the water-closet—it is an open privy—I observed traces of blood—they were from the yard and in the washhouse—I did not see any on the stairs—I washed away the blood myself, and while so doing I saw the female prisoner up at the window, which was open—I said, "Oh, Tilly, look at this!" (pointing at what I had seen) "some person has been into yard and done this; they ought to be ashamed to do so"—she said, "So they ought"—I took no more notice, but washed it away and went in doors—I saw her at the window again when the child was being taken out of the water-closet about a quarter of an hour afterwards, and said to her, "Curse that wretch; they are not ashamed to get them, and curse that wretch that would make away with them"—she seemed to speak very slightly—she said it was a very great shame—I said, "It was no stranger," and she said no, she did not think it was—she looked very pale—I went into the prisoners' room about twelve or one o'clock in the day—she was washing—I saw her throw a cloth over the tub—she seemed very ill, and I being the mother of children, thought she appeared like a lying-in woman—I have lived in the house eight years, and the prisoners near on two years—they have always occupied this same room—there was a little boy, about three years' old, living in the room besides—the female prisoner had been in my room on the Thursday morning, the 23rd—she appeared well in health then, and far advanced in pregnancy—I saw her about eleven o'clock on the Friday night, standing at the door, reclining at the side, apparently very ill—she said to me, "It is a fine night"—I said, "Yes, it is"—I said, "Aint you well?"—she said, "No, Mrs. Nathan, I have got a cold"—she still appeared in a pregnant state then.
COURT. Q. You know the adjoining garden where Curtain lives? A. Yes—the privy in his garden is not far from that in ours—they do not communicate.
AMELIA LEVY. I live in the room adjoining the prisoners' On Saturday morning, the 25th of Sept., I remember hearing both prisoners at four o'clock in their room—I had got up to give my child some drink, and heard the prisoners—I did not listen to them—about six o'clock I opened my door and went up stairs for an old lady that comes down and lights my fire, and the male prisoner came out of his door as I opened my door—he stood at the side of the door, and kept looking at me—I went on up stairs, and when he saw that, he went down—I heard him fasten his door—I heard him come up again—I heard him knock at the door—the female prisoner did not answer him, and he said, "Are you asleep yet?"—she said, "No," opened the door, and he went in—I saw him all day going up and down stairs and into his room.
WILLIAM DAY DAVIS (policeman, C 3.) On Sunday morning I went with constable Price to the prisoners' room, I went in to speak to the female prisoner alone—she said, "You see my poverty; I am not able to go to the sergeant at the station-house, for I have got no clothes, except my gown that is on me"—she showed me her chemise and the things that were at the fire airing, and that she had nothing on but a gown—I told the sergeant what she had said, and he sent me for Dr. Mears, to examine her—she was afterwards brought by Price to the station-house—I afterwards took her in cab to Whitechapel
Workhouse—I had known her three or four years before this, and her father also—as we are going to the workhouse, she asked me what we had done with her father—I told her he was locked up at our station-house—she said, "What for?"—I said, "For secreting the birth of a male child that was found in the water-closet at the back of your house"—she said, "That is false, for my father knows nothing about it; he was out at the time the child was born, and he was out also when I put it down the water-closet"—I said, "Do you say that you did it?" and she said, "Yes, it was me, and not my father"—she said the child was born about three days from that time, in the evening—I said, "What time?" and she said, "It was in the evening"—there was no other conversation.
ELLEM COCHRANE. I am a nurse in the lying-in ward at Whitechapel Workhouse—the female prisoner was brought there on Sunday, the 26th of Sept.—I put her to bed—on the next day, Monday, she said that her father left his home on the Tuesday morning, at nine o'clock, and did not return again till the evening, that during the day she was confined (with a little girl, as she heard them say) there was no one present in the room but herself and her little boy, three years old; she herself had taken the child and put it down the water closet in the next yard; that her father did not know anything of what had happened, until the Sunday—she said she put the child down the water-closet the same day it was born—two or three days' after, she said it was her father's cruelty and ill usage that caused her to do what she had done.
JAMES HAMMERSELY. I am a labouring man, employed about the church-yard. I keep the key of the dead-house, where the body of this child was put—I kept it locked up until Mr. Mears, the surgeon, saw it.
THOMAS MEARS. I am a surgeon, in Spitalfields. I knew nothing of the prisoners until this matter occurred—on Sunday, the 26th of Sept., I was called in, and saw the female in the room where she had been living—I asked her if she had recently borne a child—she said, "No"—I then intimated to her that I must make an examination, and wished the presence of another female—some woman was brought in, I do not know who——I then proceeded to examine the prisoner, and found she had been recently delivered of a child—I told herso—she made no reply—I then proceeded to the dead-house where the body of the child was—I examined it externally, and found it a full-grown male child—the navelstring had been cut—it had passed through the first stool which a child generally voids soon after birth—that discharge would not take place after death—it is a vital action—the umbilical cord had been cut, but not tied—it had not been torn—there were no marks of violence about the child—it was stiff then—it was twenty-four hours or more after the discovery of the body—I cannot form a correct estimate of the time the child had been born—on the Tuesday, by order of the Coroner, I proceeded to make an internal examination—I first opened the chest, and took out the lungs and the heart attached—I found that they floated—the lungs were sufficiently buoyant to sustain the weight of the heart—that indicated that they were fully and perfectly inflated—I then tried the separate lobes of the lungs, and found that each of them floated—I then cut the lungs into a number of small pieces, and carefully compressed them, still every piece floated, from which I am satisfied that they had been fully inflated—I believe the lungs of an infant could not be inflated to such an extent during the progress of delivary—it is possible, where a woman has no assistance—I examined the head of the child—there
was extravasation of blood between the scalp and the bone, but nothing to indicate that it had been the result of violence—I did not see the privy where the child was found—I do not think a child could live one minute without breathing—a child of that age would have strength to move its head—the act of suffocation might produce a convulsive action of the body—it had been washed before I saw it.
GEORGE JOHN HEWSON— NOT GUILTY.
MATILDA HEWSON— GUILTY of Concealing the Birth. Aged 22.
Confined Eighteen Months. (The prisoner George John Hewson was subsequently convicted, upon the same evidence, before Mr. Common Serjeant, of unlawfully aiding and assisting Matilda Hewson in concealing the birth of the said child, and was sentenced to two years' imprisonment.) Third Jury, before Lord Chief Baron Pollock.
GUILTY. Aged 17.— Transported for Ten Years.
NEW COURT.—Friday, Oct. 29th, 1847.
PRESENT—Mr. Alderman KELLY Mr. RECORDER; Mr. Alderman HUGHES; and Mr. COMMON SERJEANT.
Fifth Jury, before Mr. Recorder.
GUILTY. Aged 26.— Confined Three Months.
GUILTY. Aged 18.— Judgment Respited.
GUILTY. Aged 19.— Confined Three Months.
GUILTY. Aged 40.— Confined One Month.
GUILTY. Aged 16.— Confined Six Months.
2352. WILLIAM MEADOWS was indicted for stealing 1 theodolite, value 20l.; and one box, 1l.; the property of Bryan Donkin: also 1 theodolite, 1l.: and one box, 1l.; the property of Charles Frederick Cheffins, having been before convicted of felony: to which he pleaded
GUILTY. Aged 28.— Transported for Ten Years.
(There was another indictment against the prisoner.)
GUILTY. Aged 57.— Judgment Respited.
DAVIS pleaded GUILTY. Aged 34.— Transported for Seven Years.
Mr. Law conducted the Prosecution.
JOHN SMITH. I am a master carman, and live at Shadwell—William was in my employ—on the 29th Sept. I sent him with two hogsheads of brandy from the London Docks to the West India Docks—I gave him money to pay the toll to go the nearest way—he went at a quarter before one o'clock, and I told him to be back by a quarter before three—the straight road does not go down Rose-lane—I saw the two hogsheads next day, and discovered where they had been plugged—Williams did not return till ten minutes before four, an hour beyond his time.
Cross-examined by MR. PRENDERGAST. Q. How long had Williams been in your service? A. Two days—I had known him off and on I suppose for three years—he did work for Mr. Smithers, but I believe he was discharged—I told him to make haste back and attend to my business—by paying 1s. for the toll I think I may gain 2s.—he could go the furthest way without paying toll—I observed no appearance about the casks.
COURT. Q. You said you discovered that they had been plugged? A. Yes—but there was no appearance of any plug—we sent for the Company's cooper and turned the casks up, and there was a hole bored in a very ingenious manner in a slanting direction under the hoop, and a brewer's rent peg driven in so that it would puzzle any man to find it—we did find it—the brandy is here now.
JAMES PEARCE. I am a brass-founder, and live in Rose-lane. On Wednesday the 29th Sept., a little before two o'clock, I saw the prisoners and a boy in a cart—I was sitting at my window after having my dinner—the cart stood still about two minutes, and Davis was in a stooping attitude in the act of boring into one of the casks—there were two in the cart, one in front and the other at the back—Williams was sitting in front to drive, but the cart was standing still at that time under the archway—Davis was standing between the two casks, he looked up, saw me, and said to Williams "Drive on"—they drove on and were gone about forty minutes—they then came through the archway again and gave a nose-bag out to a boy—he went away, and I came down stairs—the cart was just turning the corner to go into the Commercial-road—I went to the corner and saw it standing by the White Horse-gate, waiting on account of the toll—Williams said he had lost the ticket, and Davis came out of the public-house and paid the toll—they
drove on about 100 yards toward the docks—Davis then asked Williams to give him the bag, and Williams gave him a nose-bag out, covered with straw—Davis went up King David-lane with it—I followed him till I met the policeman, and he followed him with the bag—I never lost sight of Davis from the time he left the cart.
Cross-examined. Q. I do not know what you are, you seem to me to be getting into the police? A. No—I never applied for it in my life—I am a brass-founder—I was here seven or eight years ago about some lad taking lead from my master's house—I was smoking a pipe, and enjoying myself, when I observed Davis do this, and Williams stopped at the toll-gate for his ticket or money—Williams was sitting with his face towards the horses, while Davis was stooping—he appeared to be boring—Williams' back was turned to the brandy—he could not see so well as I could, still I dare say he knew what was going on—I saw a boy and I saw both the bags—Davis gave the first bag to the boy—it was a nose-bag such as they give the horses victuals out of.
COURT. Q. Were there two bags? A. Yes—Williams handed the second bag to Davis in the Commercial-road—it was the same sort of bag as the one the boy had—I saw nothing but the nose-bag and a little straw.
HARRY HAYWARD (policeman, 401 K.) On the 29th Sept. I saw the prisoner Davis, and in consequence of information I stopped him in Brook-street—he was carrying this nose-bag with a string over his shoulder—I asked what he had in it—he said, "Some stuff for the horses"—I asked him to let me feel it, and he would not—I took him to the station, and found two gallons and a pint and a half of brandy in this bladder in the nose-bag—I then went to the London-docks, and waited there till Williams returned there—I took him to the station and found these two spiles on him.
Cross-examined. Q. You put down the quantity in a book? A. Not in a book, on the delivery order—I have not the order here, it is lodged in the proper office in the Custom-house—(the witness was directed to fetch the order)—this is the document—I have made a minute of the quantity the hogsheads contained—I remember putting it down—No. 81 contained 58 gallons, and 82, 57 gallons—part of the writing on this document is mine, and it has my name to it—here is "Contents 60," that is what the hogs-heads would hold if they were quite full—here is "ullage," that is the liquid quantity that was in the hogsheads—there was actually 58 gallons in one, and 57 in the other.
WILLIAM PRENDLE. I am foreman cooper at the London Docks—I loaded Mr. Smith's cart, on the 29th of Sept, with two hogsheads of brandy, marked "J. M. 81 and 82"—they were in very good condition—I superintended the coopering, and also loaded them.
WILLAIM ROBERT STEPHENS. I am a wharfinger in the service of the East and West India Dock Company. On Wednesday, the 29th of September, the prisoner Williams brought two hogsheads of brandy to the Docks—they were damp at the bottom, as if standing in wet straw, or perhaps leaking—I saw them stripped on the following morning, and found there was a spile under one of the bilge hoops in each cask—(the bilge hoops are the hoops nearest
to the bung)—those spiles ought not to have been there if the casks had been in proper order—they were gauged in my presence.
Cross-examined. Q. How do you know the spiles ought not to have been there? A. From my own knowledge, having seen many thousand casks—a spile could be used for the purpose of drawing off brandy—a cooper would not use a spile in that part of the cask for tasting—a cooper is the only man who ought to draw samples.
WILLIAM PRENDLE re-examined. I superintended the coopering of those casks at the London Docks—there was no spile in them there that I am aware of—the hoops are taken off and examined by a cooper, and I look the casks round—these casks were perfectly dry all round—I have heard the testimony of Mr. Stephens, and where he found the spiles—there was no spile under the bilge hoops when they were with me that I am aware of—it is possible they might have been there, but not very likely—when the casks are stripped they are looked all round—a spile might have been there, though the casks were perfectly dry.
Cross-examined. Q. Do you speak from a book? A. No—I had a paper given me to put it upon—I left that paper with the searcher, but I took a copy of it at the time—I have that copy with me.
COURT. Q. What did they contain? A. No. 81 contained 55 gallons and 6-tenths, and No. 82 contained 55 gallons—on the following Monday I tried the strength of the brandy in the sample which the policeman brought—it was about two percent. under that in the bulk, but that is accounted for by their keeping it in the bladder—it would lose that strength—this is a sample from the bulk, and this is a sample of what the policeman took—in flavour and quality they are decidedly similar.
JOHN SMITH re-examined. Q. Are you able to give any opinion from the taste of brandy, whether it is the same sort? A. I think I can give a very good opinion—the exact strength of it must be tested by an instrument—this brandy from cask is a shade paler than the other—this may be a little tinged by the bladder—the taste is exactly similar—I believe them to be the same brandy, and finer brandy I believe was never tasted.
Cross-examined. Q. There is a difference in the strength that you cannot tell by the taste? A. No, it is not enough to tell by the taste—the lightest is from the casks of course—the brandy in the bladder may be a little tinged by the bladder, and the loss of strength is accounted for by its being more exposed—this is the bladder it was in, and a nicer thing made for the purpose I never saw—this neck could be used with a gimlet—the bore of the gimlet is rather larger than this—this neck might be put in and turned down, so that an officer would not have discovered it—no wet would have escaped from the hole—I have seen a good many straight ones—I never saw one like this.
COURT. Q. Are you of opinion, from your knowledge, that this brandy was of the same bulk originally? A. I should say it certainly was—it appears to me to be the same liquor.
WILLIAMS— GUILTY. Aged 18.— Confined One Year.
THOMAS CHRISTIE. I am a tea-dealer, and live in Hereford-place, Commerical-road, but my chief establishment is No. 9, High-street, Whitechapel. The prisoner was in my employ, and I had a man I call a manager—in Consequence of suspicion I marked four half-crowns in the presence of a person named Strahan—they were marked in a secret way—I went with the policeman to the shop in the Commercial-road—the prisoner took a half-crown out of his packet and gave it to the policeman—it had a mark on it which the policeman pointed out.
Cross-examined by MR. PARWELL. Q. What is the name of the man who managed the shop? A. Mr. Maw, he is here; the prisoner was under him—the prisoner came to me in Aug., 1846, from Glasgow—I have the other three marked half-crowns in my pocket—this is the marked one which came from the prisoner—these other were brought to me on Saturday morning, the 25th of Sept.—that was the morning after they were paid to the prisoner—the four of them were marked on the previous evening—Mr. Maw brought me the money taken from the till day by day.
THOMAS CHATTERTON PHILLIPS. I am an attorney's clerk, and live in Camomile-street—I received four half-crowns from Mr. Strahan on the evening of Friday, the 24th of Sept., with a view of my using them in a purchase at Mr. Christie's shop—I used them in the purchase of tea and sugar to that amount on Saturday morning, the 25th of Sept., of the prisoner—he put the money into the till.
Cross-examined. Q. You did not see what he put into the till? A. He took the four half-crowns from me and threw them into the till—I heard more than one fall in—I fancy it must have been two or three—I cannot speak precisely to the whole falling in—I should think it was the whole from what I saw—I put the money on the counter, and as soon as he took it up he put it into the till—I was asked to make the purchase—I did not mark the half-crowns, but I saw the marks on them, and can swear to them—I had no change—it was arranged that the articles I should purchase should come to just 10s.—it was between seven and eight o'clock in the morning—there was no one at the counter but the prisoner—two other young men were taking down the shutters—I do not know whether I was the first customer—there was a little girl leaving the shop.
HENRY BAINES (policeman, 256 K.) On Saturday afternoon, the 25th of Sept., I went to Mr. Christie's shop in the Commercial-road—I saw the prisoner, and I told him Mr. Christie, his master, suspected him of robbing his till—I said, "Have you any money?"—he said "Yes," and handed me three half-crowns—I asked him if he had taken any of any person that day—he said, "No, he had it some time"—I looked it over, and found a marked half-crown—I told him what was the one he was charged with—I showed it to Mr. Christie—the prisoner then said, "I will tell you the truth, I borrowed it from the till"—I asked him who gave him leave—he said, "No one, it was to make a purchase"—I asked his master if he has been allowed to go out to make a purchase that day—he said, "No"—I found in the prisoner's box 7l. 12s.—he handed me his keys, and the box was pointed out by the female servant—the prisoner had told me I should find the money in a secret drawer in the box—that money was given up to the prisoner at the request of the Magistrate—Mr. Strahan was examined before the Magistrate, but was not found over, and is not here.
Cross-examined. Q. At what time did you go tot the house? A. About two o'clock—the prisoner handed me three half-crowns, a sixpence, and two pence—Mr. Maw was in a little place parted off at the end of the shop—the prisoner said before the Magistrate, that he had been used to borrow and lend from the till.
WILLIAM MAW. It has never been customary to borrow from the till—it was not done to my knowledge—I found four half-crown in the till when I came into the shop that day—three of them were marked—I took two half-crowns afterwards—I had not seen the half-crowns marked, but I had heard how they were marked, and the one the prisoner produced was marked.
Cross-examined. Q. How long have you been manager of this shop? A. Since last Dec—I have never borrowed money from the till—I have occasionally borrowed money of the prisoner of a night, when I have been casting up the cash—I have asked him if he had a shilling or eighteen-pence, to make it up even money—I have borrowed from him and from others to make it up without the knowledge of Mr. Christie—the money from the till of that day was made up without communicating the fact to Mr. Christie—I have borrowed a shilling or more make it up, and have paid it the next day, when there was money sufficient in the till—I had no direction from Mr. Christie to bring even money—it was my duty to take him every night the contents of the till, whether it was even or odd—I did it of my own free will—I have borrowed of the prisoner and paid him out of the till next morning—I do not call that borrowing of the till, it is paying a debt.
COURT. Q. You took money out of the till to pay? A. Yes—I have borrowed without my master's knowledge, and paid without it—I have the management—I pay for various things in the house, such as bread and provisions for the use of the young men—I dealt with the till in my discretion—I paid from it, borrowed from it, and paid back again—I do not know what object there could be in making up even money of a night, and applying to the servants to assistant me to make it even—I know the prisoner has gone to the till and paid for bread and various things in my presence, and in my absence.
Q. Supposing he had paid with his own money for any article, he would be entitled to take out of the till the same amount that he paid out of his own pocket? A. That has never been done to my knowledge—I borrowed to make the money even instead of counting up the pence—I only took Mr. Christie gold and silver at night, unless we had coppers in 5s. papers—it did not answer any end to make the gold and silver even money—it was done quite in an innocent way—I had borrowed of the prisoner about three weeks or a month before that time—there was nothing owing to him—he was not authorised to make purchase for the house no more than if bread came in—when the supplies have been short, he has been to Whitechapel to bring goods, but not to pay for them.
FREDERICK BUHL. I am a boot and shoemaker, in Burlington-arcade—the prisoner worked for me as a charwoman, from June till the end of Aug.—I lost shoes and boots from my shop—I have seen some produced—they are my property.
Lower John-street, Golden-square. I produce two pairs of shoes which were pawned by a female, I cannot say whom, on the 27th of Aug., for 7s., in the name of Mary Condon.
THOMAS MOULD (policeman, C 123.) I took the prisoner into custody—I told her it was for stealing boots and shoes from Mr. Buhl, in Burlington-arcade, and asked if she had any duplicates—I went to 4, Queen's Head-court—the prisoner described that she lived there in the second-floor back-room—I searched that room, and found nineteen duplicates—two of them are for shoes—one is for two pairs of shoes, pawned in the name of Condon; on the 27th of Aug., at Mrs. Fleming's.
Cross-examined by MR. PAYNE. Q. Where did you find these duplicates? A. The two relating to shoes, on the mantelpiece, the others in a drawer, in this pocket-book—the prisoner said she lived there with her husband, and he was apprehended, but it was found she was living with a man who was not her husband—that man came in while I was searching the room.
WILLIAM ANDREW LUCCRAFT. I live at 4, Queen's Head-court—the prisoner rented a room of me—she took the room in the name of M'Donald, and she and a man named M'Donald lived there as man and wife—the man went out to work I believe in Compton-street—the room the officer searched was the room the prisoner and the man occupied.
Cross-examined. Q. Were you not in Germany at the time you lost the shoes? A. I have been in Germany nearly three weeks, not more, I did not miss any boots or shoes for perhaps a week after I came back—Mrs. Vermeullin acted as my shopwoman and housekeeper—her husband is not living with her—she was never authorized to dispose of goods to get money if she wanted it—she never was in want of money—I paid all my people every Saturday night, and when I was away there was more money received than they wanted—I found that when I came home.
Cross-examined. Q. Did you not tell her several times to pawn things for you, as Mr. Buhl kept you short of money? A. Never—my husband is not living with me—I did not go to Mr. Buhl contrary to my husband's wishes—he was there with me for nine months—there is a large stock of boots and shoes—I missed one pair, and spoke to Mr. Buhl about it—I will swear the prisoner did not pawn one pair, and take her money, and give me the difference—that has been her defence, but I never did—sometimes she used to wash a few things for me—there were a number of boots and shoes in the glass-case in the first floor—we could not always keep the place locked—I will swear that I have not got several duplicates that she brought to me, for the property she pawned at my desire.
GUILTY. Aged 44.— Confined Six Months.
(There was another indictment against the prisoner.)
THOMAS GUNN. I am a printer, and live in Hand-court, Holborn—the prisoner was in my service and was entrusted by me to receive money—I sent him home with work to Mr. John Wood, and gave him a bill and receipt for 1l. 11s. 6d., and I gave him at the same time a bill and receipt for 8s. for Mr. Saunders.
HENRY HARRIS. I am in the service of Mr. John Wood, of Coleman-street. On the 4th of Aug. I paid the prisoner 1l. 11s. 6d. on account of Mr. Thomas Gunn, for Mr. John Wood—this is the receipt the prisoner gave me.
WILLIAM WALLACR (policeman, 205 G.) On the 26th of Sept. I took the prisoner, he had then left Mr. Gunn's—I asked him if his name was James Newman—he said no, his name was Ford—I asked if he knew a Mr. Gunn of Hand-court—he said he knew Hand-court, but did not know Mr. Gunn—I said he answered the description of a person who had embezzled Mr. Gunn's money—he then said he had offered to make the money up, and Mr. Gunn would not.
Prisoner. I sent a friend to know if Mr. Gunn would take the money.
THOMAS GUNN re-examined. I received a letter in which he offered to come back and allow me so much money a week, and a female called to know if I would sanction a benefit at some low public-house, and I would not—I received the letter on the 7th of Aug., and on the 4th he received the money—he was only with me two days this time—he had been with me before—he never did any dishonest act before to my knowledge—he was absent seven weeks before he was apprehended.
Prisoner's Defence. I received the bills, and lost the money through a hole in my pocket in going to work the next morning; I sent Mr. Gunn a letter to tell him I had lost it, and then sent a friend to know if he would take the money.
GUILTY. Aged 19.—Recommended to mercy by the prosecutor. Confined Two Months
Before Mr. Common Serjeant.
Prisoner's Defence. When I went to work for the prosecutor I hired that saw; I was a little in liquor or I should not have done it.
GUILTY. Aged 34.— Confined Three Months.
JULIUS JONAS. I live in Spitalfields—the prisoner was my servant four days—on the 1st of Oct. I missed from the room in which she slept a parasol, and a cap, and after she went out of the room she took a pair of decanters—these are them—they are mine.
Prisoner's Defence. A man gave me the things and told me to take them away.
GUILTY. Aged 14.— Confined Two Months.
GRAHAM BERRY. The prisoner was in my service—on the 6th of Oct. my cashier came to me at breakfast-time, and told me some silver was gone from the desk—he had stacked the silver in Packets of 1l. each on the over-night—I had gone in the shop after that and had taken some, but I left the remainder precisely as he did—there was 5s.—I questioned the prisoner about it—he said at first he had not taken it—I asked him what money he had got, and he told me—I told him he had better tell me the truth.
CHARLES ROSE. I am barman at the Globe tavern, Seymour-street, kept by Mrs. Emily Oliver. On the evening of the 27th of Sept. Harrison spoke to me—I went down stairs and found the prisoner in the water-closet, in the act of concealing these sheets under his coat—they are Mrs. Emily Oliver', and had no business there.
Prisoner. Q. Did you find any sheets in the water-closet? A. Yes—I took them from you.
ELIZA HARRISON. I live at the Globe tavern. On the 27th of Sept. I saw the prisoner go into a bed-room, and in a few minutes he came out with something rolled up—I told Rose of it, and he went after him and brought him out with the sheets dragging behind him.
Prisoner. Q. Did I not ask you for a cloth in the kitchen, and did you not tell me I could find one outside the door? A. No.
COURT. Q. Had he been sleeping there? A. No—he had no business in the room at all.
EDMOND CHARLES GERMAN (policeman, S 169.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 1st Feb., 1847, having been before convicted, and confined one month)—he is the person.
GUILTY. Aged 26.— Transported for seven years.
MR. ROBINSON conducted the prosecution.
WILLIAM JENSON. I keep the Fir-tree public-house, in Whitechapel. The prisoner was my pot-boy between four and five months—I marked some half-crowns, shillings, and sixpence, and put them into a drawer in the bar, and 4s. 6d., to make up 3l., which I usually leave for change—this was between three and four o'clock on Friday morning, the 6th of Oct.—I looked again at ten o'clock, and six of the marked shillings were gone—I called in
an officer, the prisoner's box was searched, and the prisoner was shown one of the marked shillings in my presence—he said he had received it from me in wages on the Monday previous—I said he could not have done so, because I had paid him a sovereign and four half-crowns.
Cross-examined by MR. BALLANTINE. Q. Had you marked the other money? A. Yes, 1l. 6s. 7d.—a sovereign had been changed—whoever had the change for it must have had marked money—I had a barman—he left my employ directly this was discovered—I have a servant-girl—she could get to the drawer where this money was—I suppose I owe the prisoner about 30s.—I had paid him 1l. 10s—I asked him what he wanted, and I paid him four half-crowns and a sovereign.
MR. ROBINSON. Q. What had the prisoner to do? A. To clean the brass-work—he had no right to give change.
CORNELIUS FOAY (police-sergeant H 20.) I was present when the money was marked—I was called afterwards, and searched the prisoner's box—I found three half-crowns, this marked shilling, and a fourpenny-piece—this shilling has the mark Mr. Jenson put on it—I asked the prisoner where he got this shilling—he said, "My master paid it me on Monday"—I called his master, and he said he gave him a sovereign and four half-crowns—I was before the Magistrate, and heard the prisoner make this statement, which the Magistrate signed—(read)—"The prisoner says, "I picked up the shil-ling in the club-room this morning; I showed it to the several-girl."
MR. BALLANTINE to WILLIAM JENSON. Q. Is there a club-room? A. Yes—my servant-girl is not here—I do not know that the prisoner has sent to request her to come—I have not forbidden her to come.
2363. ELIZABETH MARY COLLINS was indicted for stealing 3 chairs, value 2s.; 1 box, 2s.; 1 pan, 6d.; 2 trays, 9d.; 1 kettle, 8d.; 2 dishes, 3d.; 2 rugs, 3d.; 2 plates, 2d.; 1 tea-pot, 8d.; 1 basket, 2d.; 1 fender, 9d.; 1 gown, 6d.; 3 quilts, 4s. 6d.; 2 sheets, 1s. 4d.; 1 screen, 3d.; 1 curtain, 6d.; and 200 sovereigns; the property of Elizabeth Smith, (since deceased.)
EDWARD CLARKE. I live in Spring-gardens, King Edward-street, Mile-end New-town—I am a wire-worker—my mother's name was Elizabeth Smith—she lived in Boar's Head-yard, Petticoat-lane. On the 6th of Sept. I went to see her—she told me to go the cupboard, and I should find a bag—I said, "No, go yourself"—she got out of bed, went to the cupboard, and brought out a bag—she threw the money that was in it on the table—she counted about fifty sovereigns, and then the prisoner came in—my mother said to her, "What, you are came again?"—she wanted to turn her out—I said, "Don't turn her out; I am going into the country, and God known where I may be this day week"—my mother counted on to 200 sovereigns, put them into the bag, put the bag into the cupboard, and said to me, "Ned, when I die, this well be yours, and you will find papers worth 400l."—I went into the country on the 7th of Sept.—I came back on the 3rd of Oct—I went to my mother's room, she was dead, and everything was gone from the room—my mother was alive on the Monday, when I was there, and on the Saturday following she died—the woman next door said some-thing to me, I went to George-yard, and saw Mrs. Smith with my mother's gown on—she said she had bought it, and I should not have it—I said I would buy it—she asked me 1s. for it, and I gave it her—I asked her if she had any more—she said, "No."
Prisoner. Your name is Edward Connor; you came up to your mother's room, and I cooked a dinner for you and your mother; your mother was ill for eight months, and she sold her bed from under her, to keep her in her illness; you said you were going into the country; your mother was not possessed of a shilling, and you know it; she left me the few things because she could not pay me.
JEREMIAM COGHLAN. I know the prisoner—I did not know the deceased Elizabeth Smith—the prisoner was in the room, taking care of a sick woman—I came home one day, and the prisoner asked me if I would buy an old bedstead—I asked if it was her own—she said, yes, she got it from the parish officers of Whitechapel, for taking care of the old woman—I bought a pair of sheets, some broken ware, three chairs, and a table, for 6s.—the prisoner said she got them for taking care of the old woman.
Prisoner. Q. I took you up to the room, did I not? and I said the things were left me, as I was not paid. A. Yes—the landlord came for rent, and I gave him 2s.
Prisoner. I told you Mrs. Smith left them to me. Witness. No, you said Mr. Hughes gave them to you.
JOHN HUGHES. I am a parish officer of Whitechapel. I know the prisoner—I did not give her any of these articles in consideration of her attending this old woman—I did not authorize her to take them, neither directly nor indirectly.
Prisoner. Q. Did I not come to you and tell you she was dead? and I said I did not like to stay with a dead corpse; I asked, "Who is to pay me?" and said, "She gave me what there was." Witness. Yes, she came down about the burial of the person, and I asked where the son was—she said he was gone into the country—I asked who was to take care of the goods—she said she was till his return.
COURT. Q. Did you see the deceased? A. She had come to me for relief for eight months before her death.
Prisoner's Defence. She was not in possession of a farthing piece of money in the world; I never saw any, nor received any, while she was there and I was with her; she would have been dead unknown to any one if I had not been with her.
GUILTY. Aged 61.— Confined Six Months.
OLD COURT.—Saturday, October 30th, 1847.
PRESENT—Mr. Justice CRESSWELL; Mr. Alderman WILLIAM HUNTER; Mr. Alderman CHALLIS; and Mr. COMMON SERJEANT.
Second Jury, before Mr. Common Serjeant.
2364. ELIZABETH RICHARDSON was indicted for stealing 1 watch, value 2l.; 1 fruit-knife, 5s.; 1 thimble, 1s.; 1 pair of ear-rings and drops, 2s. 6d.; 1 handkerchief, 6d.; 1 work-box, 5s.; 3 brooches, 30s.; 3 rings, 28s.; 2 neck-chains, 7s.: 1 pair of ear-drops, 2s.; 2 buckles, 3s.; and 1 10l. bank-note; the property of Emilie Beevor Hooke, in his dwelling-house; to which she pleaded
GUILTY. Aged 29.— Confined One Year.
2365. JAMES RUSSELL was indicted for feloniously and knowingly uttering a forged request for the delivery of 2 sable muffs, with intent to defraud Albert Berncastle and another; also, for uttering a forged request for 1 piece of sain, with intend to defraud Samuel Thompson and another; to both of which he pleaded
GUILTY. Aged 28.— Confined Six Months.
2366. ELLEN HERRING was indicted for stealing 12 gowns, value 5l.; 9 yards of printed cotton, 15s.; 5 shawls, 3l.; and a variety of other articles, value 4l. 21s.; the goods of Elizabeth Lyall, her mistress, in her dwelling-house.
MR. PLATT conducted the Prosecution.
ELIZABETH LYALL. I am a widow, and keep the Horseshoe and Magpie public-house, Middle-row, Holborn. The prisoner came into my service on the 17th of Aug., as maid of all work—I missed a great quantity of things, and on the 7th of Sept. I called in a policeman, and went with his and the prisoner into her room—he found in her box some petticoats, stockings, stays, and a number of things, which I had missed from my drawers—he went into a room close by the prisoner's bed-room—I was not present, but I saw him bring a great many articles from that room—the things altogether were worth about 20l.
Cross-examined by MR. PAYNE. Q. What was the value of the things found in her box? A. I should not put any value on them—they were useful to me—she gave up the key to the officer—I did not hear her say she was innocent of everything except those found in her box—the other things were found in an old lumber cupboard in the waiter's room.
DAVID MORGAN. I am pot-boy to Mrs. Lyall, and slept in the room next to the prisoner's. About four weeks ago I went up to examine the party wall—I looked into the cupboard, and there was a bundle in it—I did not open it—I did not use the cupboard—I was present part of the time the search was made—I did not see the policeman look into the cupboard—my young mistress, in his presence, pulled out these shawls, dress, and other things—I knew nothing of them—I did not put them there—the prisoner was there—she and I were the only servants in the house.
Cross-examined. Q. It is a public-house, and the door is open all day? A. Yes—the cupboard was not locked—I had never looked into it before the day I found the bundle—that was three weeks or a month before the 17th of Sept.—it was an old bit of carpet.
MR. PLATT. Q. What did it contain? A. Handkerchiefs and cravats, nothing of this kind—nobody but the servants of the house have a right there.
FREDERICK SHAW (policeman, A 29.) I was called into the Magpie public-house, I went into the prisoner's bed-room, asked for her keys. she gave me them, I searched her box, and found a great many things, which were identified by Mrs. Lyall—I went into a room close by, examined a cupboard, and found some dresses, three or four shifts, petticoats, and several other articles, which Mrs. Lyall identified—one of the keys I received of the prisoner fitted a chest of drawers in Mrs. Lyall's bed-room, and the others
chest of drawers in the bed-room of her daughter—I was present before the Magistrate, and heard the prisoner say she was innocent of all, except the things found in her box.
Cross-examined. Q. Are not these very common keys? A. Yes.
GUILTY. Aged 18.— Confined Nine Months.
(There was another indictment against the prisoner.)
Before Mr. Justice Cresswell.
MR. BALDWIN conducted the Prosecution.
MARGARET GOODWIN. I live at No. 6, Beauchamp-street, Leather-lane—the prisoner and his wife resided in that house—her name was Matilda. I was called on Sunday morning, the 3rd of Oct., about two o'clock, by the prisoner's child—I went to the front attic, the room they lived in, and found the deceased lying on the floor insensible—she was supported by her husband—he said it was a very unfortunate job, and asked me what he should do—I told him he had better get a medical gentleman, and he went—while he was gone, I laid the deceased on the floor, and applied some vinegar—Mr. Caldcleugh came immediately and examined her person—she had come to her senses before he came—I was with her—she told me that her husband had kicked her—she made use of a coarse expression—she was not sober—I did not see any outward appearance of injury—there was a quantity of blood on the floor—cold water was applied to stop the discharge—I put a large shawl round the lower part of her person—she was not a sober woman—she had complained of floodings several times during the last few months—I have reason to believe that complaint was well founded—I had seen her on the Saturday night, the night before, about ten o'clock—she was then quite well, and in her usual spirits—she had said nothing to me on the subject of flooding that day—I afterwards examined the clothes she had on at the time I found her—I did not find them rent or torn.
Cross-examined by MR. O'BRIEN. Q. The flooding soon ceased? A. Yes, immediately I laid her down—that was before Mr. Caldcleugh came—she was in the habit of complaining, and in ill-health latterly—she was of decidedly intemperate habits.
ELIZABETH CLIFTON. I am twelve years old, and am the daughter of the prisoner and the deceased. On Saturday night, the 2nd of Oct., my father and mother were both out—my father came home about eight o'clock—my mother was at home then—they both went out after that, and came back together about ten o'clock—I had then gone to bed—I sleep against the window, in the room to which they came back—they supped in that room—the noise of the frying-pan awoke me, and I heard my mother call my father a bad name—he did not say or do anything on that—mother had her supper, and then she called father another bad name, and threw the tongs, shovel, poker, and a knife at him—the shovel struck him—my father had nothing to drink—my mother had a quartern of gin, and half-a-pint of beer—I afterwards saw my mother go out of the room—she did not take a light—I could see her, as the door was very loose, and flew open—she was standing on the top stair—father was going out of the room, and she called him another bad name, and struck him with her hand, and he gave her a little bit of a kick behind,
before he got back to the door she cried out, "Oh!"—he went to her immediately and led her into the room—before that, I had heard a sound like the rushing of water—when he brought her into the room he sat her o his knee and said, "How foolish you was to suffer me to kick you; I had no wish to do it, but you aggravated me"—my mother had been very poorly the day before that—she had told me that evening, as she was washing and ironing, showing me the way to wash, that she would put some black ribbon on grandmother's cap, for she knew she should not live till the morning—that was about six o'clock—there was nothing sharp that my mother could have fallen on where my father kicked her—she did not fall—the kick was outside her clothes.
Cross-examined. Q. Were you awake when your father and mother came home that evening? A. No, but I was soon after—they were kind and affectionate towards each other when I first awoke—there was a quartern of gin and a pint of beer on the table—the bad words were not made use of till after the gin had been drunk—my mother drank it all.
SIMON CALDCLEUGH. I am a licentiate of the Apothecaries' Company, and was assistant to Mr. Pollock. I was called in to see the deceased about half-past two o'clock on the Sunday morning—I found her lying on her right side, apparently insensible—she was almost pulseless, and her countenance pallid—after some time I asked her if she was unwell, and she said, "Yes"—I observed a quantity of blood on the floor near the door, and on the two upper steps, and her clothes were saturated with blood—I examined her person, but found no wound then—I subsequently assisted at the post mortem examination.
TIMOTHY POLLOCK. I am a surgeon in Hatton-garden. I was applied to, I believe by the prisoner, to go to the deceased, and requested Mr. Caldeleugh to go for me—upon a second application I went myself, about four o'clock on the Sunday morning—the woman was then quite dead—I found a large quantity of venous blood on the two highest steps of the stairs—I made a post mortem examination on the Tuesday, and believe the hemorrhage to have been the cause of death—(the witness here described the nature of the injury)—the injury might be caused by a kick behind, outside the clothes—it must have been with some violence—it was a lacerated wound, a tear.
Cross-examined. Q. Did you examine the lungs and heart? A. No, n the head—the quantity of blood I saw was sufficient to account for the death—there was not less than three or four pints—I saw nothing else to account for immediate death.
MR. CALDCLEUGH re-examined. I assisted Mr. Pollock at the post mortem examination, and agree with what he has now stated as to the cause of death.
(The prisoner received a good character.)
GUILTY.—Strongly recommended to mercy on account of the provocation, and his good character.— Confined One Month
MR. METCALF conducted the Prosecution.
the Hackney-road—I saw five men there standing at the bar drinking, the prisoner was one of them—I had had two pints of fourpenny ale, but was not tipsy, or I should not have been capable of going to the hospital by myself—the prisoner was in the public-house, when I went in, with a box of tools standing against a little barrow, where he sits to sharpen saws—I promiscuously happened to kick it over—the prisoner asked me to pick the tools up—I refused—he began to pick them up himself—he had picked up some of them, and he had one in his hand, with which he turned round and jobbed it into the corner of my eye—I put up my hand, and the tool was drawn through my fingers—he hit me on the top of the nose, and I fell directly on the stones with my hand to my eye—he called me an old b—at the time, and said, "Take that, and that will stick by you; you will never have to come again"—I felt it go into my eye—I feel it now, and get no rest at night—I am in the hospital now—there was a great deal of blood flowed—my eye is totally destroyed, it is in complete darkness; I shall be a ruined man the rest of my life—he went away, and I went to wash my eye.
Prisoner. The tools were not picked up till after the scrimmage was over? Witness. It is false; he had picked up ever so many of the tools.
COURT. Q. Were you standing upright when he struck you? A. Yes; he had to stoop down to pick up the tools—his back was not towards me then; he stood sideways towards me, with his back towards the stairs—he picked up several tools—I cannot say whether the tool with which he struck me was the last one that he picked up, or whether he had more in his hand—I had no suspicion of his having anything in his hand—I thought he had put them into his box—I was close by him—he was coming up right in front of me when he struck me—it was jobbed in sideways at the corner of the eye—he had not picked up all the tools; they were small tools, files—I do not know whether they were pointed or not—I did not see them.
EDWARD WEST. I live with my father, who keeps the Three Crowns, in the Hackney-road—the prisoner and prosecutor were there on the 22nd of Sept.—the prosecutor was quite drunk—he was there first, drinking beer—the prisoner came in—they were quarrelling for a short time—Jennings was going to throw the beer in the prisoner's face, and was prevented by a man that stood by; on that there was a quarrel, and Jennings knocked the prisoner's tools over; he did it on purpose—they were files and different things in a box—I saw the prisoner immediately after just raise his arm—I did not see him stoop at all, or alter his position—the blow was struck immediately on the box being turned over—Jennings fell, and when he got up his eye was all smashed in—he went into the yard and washed his face—there was blood on the counter—blood and water came out of his eye.
Prisoner. Q. Were the tools and box picked up before the scrimmage or afterwards? A. I had not seen him pick up one before.
COURT. Where was Jennings standing when he was struck? A. Just behind the door—the prisoner was about three yards from him when the tools were kicked over—he then stepped up to him—I did not see the blow struck; I just saw him raise his arm towards striking him—I cannot say whether there was anything in his hand or not—Jennings fell on his right side—I did not hear the prisoner say anything when he was going to strike—there was no bustle in the room.
JOSEPH NASH. I am a surgeon at the London Hospital—the prosecutor was brought there on the 22nd of Sept., bleeding from a wound in the left eye-ball—it was a punctured wound, nearly three-quarters of an inch in length, about one-quarter of an inch in depth, and penetrated to the inner chamber
of the eye: the watery humour of the eye escaped—the wound must have been inflicted by some sharp pointed instrument—I think a file is very likely to have produced it, or anything of that kind—he has entirely lost the sight of his eye.
Prisoner's Defence. Nearly every one of the tools were picked up after the scrimmage was over, and all laid in the box on the floor at the time; I have witnesses to prove that I neither stooped or touched anything, but the prosecutor fell on the iron edge of a cask, and that caused the wound.
JOHN VICKERS. Last Wednesday five weeks I was in the Hackney-road—I had a stall of fish, and stood nearly opposite the house where this occurred—I was in the house when it occurred—I did not see the beginning of the quarrel—when I entered the door, the prisoner was knocked down by Jennings—that was the first blow—he got up again, and was standing alongside of Jennings—he put himself a second time in the attitude of fighting and he got knocked down a second time on some empty barrels—I picked him up myself, and said to him, "Old gentleman, you have got a severe bad eye; you had better not fight any more, go backwards, and wash yourself in the brewhouse"—he said "Yes; and it was done by the barrel"—I left them there, and know no more.
MR. METCALF. Q. Did you see him fall the first time? A. Yes; he fell between the counter and the barrels; right on the floor, on his right side—I saw some files lying down at the far end, towards the door that open towards the bar on the left-hand side—they were distributed about, four or five feet—it is but a small place—the second time he fell with his eye on the barrels that were lying on the right-hand—side as you go into the house—I picked him up myself—he fell on his left side—the barrels were on his right side when he was struck, and he was pitched on t them by the blow he received on his head by the prisoner—it was his left eye, to the best of my recollection—they were in the act of fighting.
JOHN CLARK. I saw Jennings kick Fuller's tools over—Fuller turned round, hit him, and knocked him down—he got up again, showed fight, and Fuller knocked him down again—he tumbled against one of the barrel that stood there, and when he got up he said, "It was not the blow that did it, it was the corner of the cask that did it"—the cask was on his right side when he was standing up fighting—the right eye fell on the cask—I saw his picked up.
JOSEPH CHILD. On Wednesday, 22nd of Sept., I was at the Three Crowns, about a quarter of an hour or twenty minutes—I saw Jennings very much intoxicated standing at the bar—Fuller came in with his box on his shoulder, and he said to Jennings, "How is your temper now?"—he went to the far end of the place, put his box down, Jennings went up to him, d said, "You called me a thief"—he doubled his fist, and said, "I will knock your old head off"—that was the first time, and the second time he served him just the same—the third time he had a pint pot in his hand—he said, "I will not ask you to drink"—he up with his foot and kicked his box of tools over, all about the place—then the prisoner struck him, the other one did the same, and they had two rounds—in the last round the prosecutor fell down and caught his eye right against a small beer cask—after about five minutes the prisoner picked up his tools and went away.
MR. NASH re-examined. I saw the nature of the wound—it might have been inflicted by a nail projecting, or a piece of old broken wood or nail—the orbit would prevent the cask from inflicting such an injury if there was no projection.
Prisoner. There were five small cask there, and he fell on the edge of one; the rivets were standing out.
GUILTY of an Assault. Aged 52.— Confined Three Months.
2369. JOHN LEVERS was indicted for burglariously breaking and entering the dwelling-house of William Hare, Earl of Listowel, about one in the night of the 4th of Oct., at St. Margaret, Westminster, with intent to steal, and stealing therein 6 aprons, value 2l.; 1 pencil-case, 5s.; 1 purse, 6d.; and 6 shillings, the property of Mary Jarrett; having been before convicted of felonly.
MR. BALLANTINE conducted the Prosecution.
MARY JARRETT. I am housekeeper to William Hare, Lord Listowel. I had the charge of his house, which is called Kingston House, Knightsbridge—his Lordship has been absent some time—on Monday, 4th of Oct., I went to bed about ten o'clock—before I went, I looked round the house, and fastened it all—on the following morning I was awoke by the gardener, went down stairs about half-past six, and went into the morning room where I found the window open—it opens on to the lawn—I am quite certain that window was closed the night before, and barred with two iron bars—I then went into the drawing-room, and found the window there open—it is a window folding down to the ground—that was closed the night before, and had a bar across the shutter—it had not been opened for a fortnight—the shutter was inside—I missed from a room called the still-room, six silver tea-spoons, a silver pencil-case, and a purse with about six or seven shillings in it—they were all my property.
Cross-examined by MR. PARRY. Q. Do you remember whether that was a wet night or not? A. It was a fine night—it did not rain at all, nor the day after.
CHARLES BOXALL. I am gardener to Lord Listowel. On Tuesday morning, 5th of Oct., I was going round the house an usual—I was on the lawn within the garden walls—I sleep on the grounds—I noticed the window of the morning room open—I went to unlock the door that opens from the lawn into the kitchen-garden, and saw footmarks on the border near the wall—I found a button there—there were the footmarks of three different persons—I called up the housekeeper—I was present when Bradshaw the policeman compared a shoe with the footmarks in the garden, on Wednesday morning, about half-past seven, they corresponded—I gave the button to Bradshaw.
Cross-examined. Q. Were the footmarks leading from the window, or towards it? A. There was a gravel walk, we could not tell which way they walked from the window as the footmarks did not leave any trace there—the marks were on the border in the kitchen-garden—they were about a quarter of an inch deep—the policeman fitted the shoe first, and I afterwards—I fitted the shoe into four or five marks, and found they exactly corresponded—we did not walk on the mould ourselves—we could reach the marks from the walk—we just put one foot on, to get over to the other side—there were three different footmarks—it had not been raining at all—the soil was quite moist with the dew, and it had been raining two or three days before—there was no rain during the night, or the day after, not between the time the footmarks were made, and the time we compared them—there were a few pinks growing in the border—there were no flowers and vegetables growing where
the footsteps were—the traces were not on the leaves of the leaves of the flower—they were quite distinct in the mould. I put the shoe in, as well as the policeman.
MR. BALLANTINE. Q. Before putting the shoe into the impressions, did you examine the bottom of the shoe at all? A. Yes, and also the impresssions—there were six or seven rows of nails on the show—the marks of nails were quite plain in the impressions on the border—we made a fresh impresssion and it corresponded.
COURT. Q. How is the kitchen-garden divided from the lawn? A. By a wall—on the lawn side of the wall there is a gravel-walk, close up to the wall—they must have got over the wall—I do not recollect whether the foot-steps pointed to or from the wall—I found the button on the kitchen-garden side.
JOHN OSMAN (policeman. T 233.) On Monday, 4th of Oct., I was on duty in Kensington Gore, at about ten minutes or a quarter to eleven o'clock, and saw the prisoner in company with two others, going in the direction of Kingston House—they were near Park-lane, between Lord Listowel's and Kensington, about a quarter of a mile from the house—by Park-lane, I mean the lane that leads out to Brompton, commonly called Gore-lane.
THOMAS BRADSHAW (policeman, T 130.) On Tuesday morning, the 5th of Oct., I went to Lord Listowel's house, which is in the parish of St. Margaret's, Westminster, between eight and nine o'clock—I went into the morning-room, and the open window was pointed out to me—I examined it inside and out, and the shutters likewise—in my judgment it had been opened from the inside, a person could then come on to the balcony, and then there are three steps down to the garden—I went to the drawing-room, and found the front window of that open—I examined it from the outside—the handle of the shutter might have been turned easily, and by just pushing it, it might be forced in—the bar of the shutter would not fasten, so that outside push would open it, and the window was opened by it's being left not catched—there was a handle to it with a catch—I then went to a wall dividing the kitchen-garden from the lawn, and found several footmarks there—I traced the footmarks of three different persons down the kitchen-garden—I received this button from the gardener—on the evening of that same day I was in Knightsbridge, and saw the prisoner there in company with, I dare say, a dozen others—I took him into custody—before so doing, I observed a button off of his coat, which coat I produce—I took him to the station, and found 15s. and three halfpence on him—on the following morning I took his left shoe to Lord Listowel's, compared it with the footmarks there, and they exactly agreed—when I took the prisoner into custody, I told him I took him on suspicion of being concerned with others in committing a burglary at the Earl of Listowel's—he said he knew nothing about it—that was all he said—I found in the drawing-room a piece of greasy paper on one of the chairs, and two Lucifer matches on the carpet.
Cross-examined. Q. What time in the evening was it you saw the prisoner? A. About half-past nine o'clock—the money was in a leather purse in his left-hand pocket—he was not at a public-house—he was standing in the Knightsbridge-road, opposite the cab-stand, about half a mile from Lord Listowel's—I have the shoe here (producing it.)
COURT. Q. Did you notice whether the footmarks were towards the wall or from the wall? A. From the wall—there were several marks towards the wall and close to it, but I could not discern them perfectly—it was rather
dusty where they got up—there was a line of marks that I could trace from the wall down the garden—part of those had the toe pointing towards the wall—there was a scratching up the wall, as if somebody had scrambled up, and under that there were marks—I could discern the toe-plate of a shoe in one part, but the ground was very loose and dusty close to the wall, so that I could not discern more—I saw two footmarks on a border opposite, pointing towards that spot—the others were going away—there were footmarks for upwards of 100 yards down the garden, going away—next to the border there was a gravel path—some of the marks went towards the wall, and some from it—at the time I first took the shoe from the prisoner, it had the other half of the heel on, but it was very nearly off—he had the shoes back, and wore them for two days, and when I had it back again, this part of the heel was off—it was in its present state when he gave it to me—I went and fetched it away fro Tothfield's prison.
JOHN CHANDLER (policeman, T 61.) I produce a certificate of the prisoner's former conviction—(read—Convicted 17th of Aug., 1846, having been before convicted, and confined three months)—I was present at the trial—he is the person.
GUILTY. Aged 20.— Transported for Ten Years.
MR. O'BRIAN conducted the Prosecution.
ALFRED HENRY GRANT (policeman.) On the evening of the 21st of Oct. I took the prisoner into custody—I told her it was for stealing a pint pot—she said she would not go with me—I had another constable with me—we had some considerable difficulty in getting her along—we got her as far as the City-road—she then seated herself on the ground, and we were obliged to send for a stretcher—on raising her, I saw her put her hand into her pocket, and draw out a pair of scissors, with which she stuck me in the thigh—they penetrated some little distance, and blood flowed—I took the scissors from her, and she said, "If you take the scissors from me, you b—y sod, I will knife you"—I did not give her the chance of knifing me—we put her on the stretcher.
Prisoner. I did not take them out of my pocket; they were hanging by my side, by this string, and he dragged them from my side.
JOHN BUBBERS MATHER. I am surgeon to the police of this district—Grant came to me on the evening of the 21st—I found a punctured wound, about the centre of his right thigh, on the narrow part—it was a quarter of an inch long, and about a quarter of an inch deep—it might be inflicted by these scissors.
Prisoner's Defencc. I get my living by tailoring; I was coming home from my work; I went and had half a pint of porter with a young person and her husband; the other female had my basket; when I came out of the public-house, the policeman came up and said I had got a pint pot in the basket; I said I had not; he opened it, and there it was; he said I must come with him, and he threw me on the ground, and fell a top of me; the scissors were by my side, and must have run into him.
GUILTY of an Assault. Aged 23.— Confined Four Months.
ALEXANDER GRANT (policeman.) About eight o'clock, on the night of the 21st, I took the prisoner into custody, in the Curtain-road, nearly two miles from Hitchcock's—I searched her basket, and found this pewter pot is it—I asked where she got it—she said it was given to her mother to clean.
MATTHEW HITCHCOCK. I keep the Star and Garter, Kingsland—this is my pewter pot—on the 21st of Oct. I saw the prisoner, with two or three others, in my tap-room—she remained there about half an hour, and left about half-past three o'clock—I did not miss anything till the policeman brought me the pot about nine o'clock—I do not know when I had it in my possession—I had not given or lent it to anybody.
MR. BRIARLY conducted the Prosecution.
JOHN MILLER. I am a labourer, and live in Star-street. On Wednesday morning last, about one o'clock, I was going home with another man, and the prisoner was lying across the pavement—we passed by him—he jumped up, and got hold of a stone, and threw at us, saying, "D—n your eyes, what did you do that for?"—I had done nothing to him—I cannot tell whether my mate touched him as we went passed, but I did not see him do so—I said, "Come on, or else we shall get into a row"—we both ran down the street, and the prisoner and his wife ran after us—she had nothing on her, she was naked, except her shift, and they were pelting us with stones—we ran right out of the street, across the road, to the Bedford Arms—it was shut up—they would not serve us with anything—I lodge in the same street—we went then to my own door, and stood there—the prisoner and his wife had then gone back—I could not see anybody in the street—I was standing talking is my mate opposite my own door, when the prisoner came up with a bit of bamboo in his hand—he came right up the street, with no shoes and no hat on—h struck at me with the stick—it struck against the wall, and spilt it—I stopped down and got hold of one piece, and he the other—he fought me with his piece, and I fought him with mine—I hit him over the eye, and cut him—he then threw down his stick, and came to wrestle with me—in the wrestle, I heard a knife—it was a shut-up knife, and it went off with a click, and then I received a wound in my breast—I said, "I said, "I am stabbed," and he followed me up, and stabbed at me in the head—I put up my hand to save my head, and I caught it right in my hand—I stood on one side against the wall for a second or two, and then fell down—when I got away from the prisoner, he turned round to my comrade, and by that time the policeman came up—I was taken to the station-house with the prisoner—Mr. Ross examined me and I was conveyed home—I had been drinking a little—I was neither sober or drunk, something between the two.
Cross-examined by MR. PARNELL. Q. What time in the morning was this? A. About one o'clock—my mate's name is Stephen Sullivan—he is not here—the witness Spence was examined at the police-court, in my hearing—Sullivan was not there—I suppose the prisoner had been drunk—he was lying on the pavement—we did not strike him as we passed—I did not strike the first blow in this quarrel—he struck at me, and then I took to fighting—he missed me the first time—we fought with the pieces of bamboo, not till they broke all to pieces, and he chucked one piece away, and I the other, and he closed with me—they broke as were fighting—I was not confined to my bed at all with
this wound—it was in my hand—I have not been to work since—I am not a fighting man—I have been in prison six months for an assault on the police—I know nothing about Sullivan, more than drinking with him—he was not drunk—I cannot say whether he was sober or not—he had not been drinking with me more than an hour before this—he was by while I was fighting, and helped in the fight—he and I went both fighting with the prisoner—he commenced the row on the pair of us, and then the prisoner and I commenced the row on him—both of us set upon him.
JOHN SPENCE. I live in Star-street, and am a labourer. Between one and two o'clock on Wednesday morning last, I heard a noise outside my door, I went to ascertain the cause, and saw the prosecutor and his companion—they each held a stick in their hand, and were ill-treating the prisoner—they dreadfully ill-used him—I called on them to desist from their brutal violence—the prisoner had no stick—at last a wound was inflicted by the prosecutor over the prisoner's eye, which he has now—I then saw the prisoner make a rush at the prosecutor, who said, "I am stabbed; Murder, murder!"—the policeman came up immediately, and took the prisoner into custody—I did not see the beginning of the row—I should say I saw thirty or forty blows struck—I did not see any stones thrown.
THOMAS SIMPSON (policeman, K 85.) On Wednesday morning last, between one and two o'clock, I was in Star-street—I heard some one in the crowd say that the prisoner had stuck the other man—he said he had not, he had no knife to do it with; if he had, he would have run it through him—he said he had done it with a piece of bamboo that he had got from the water spout—I searched the prisoner about twenty minutes after, at the station, but could not find any knife—I produce the pieces of bamboo—I found them at Spence's house.
HENRY HAYWARD (policeman, K 401.) On Wednesday morning, between one and two o'clock, I was in Star-street, and saw a mob of people—I saw the prisoner and prosecutor—the prosecutor was bleeding—he told me that the prisoner had stabbed him—I took the prisoner into custody, and as I was taking him, he threw something from under his hand, which rattled on the pavement like a knife or pocket-comb—I tried to drag him through the crowd, but could not—a woman picked up the instrument, and ran away with it—some gentleman there, said, "Don't you make away with that knife"—I then took the prisoner to the station—I afterwards searched for the knife, but could not find it—the prisoner said he had done it with the bamboo—he said if he had had a knife, he would have run it through him.
Cross-examined. Q. When did you search for the knife? A. As soon as I had taken the prisoner to the station—I cannot say exactly what it was that I saw thrown on the ground—the prisoner was bleeding over his eye, where he has the plaster now—he seemed very sensible—he was not drunk—he was very much bruised, and knocked about, as if from fighting.
DENIEL ROSS. I am a surgeon, in High-street, Shadwell. On Wednesday morning I examined the prosecutor—I found him bleeding from a wound in the front part of the chest, penetrating to the breast bone, about half an inch deep, and about the same in length—it was an incised, clean cut wound—it might have been made by a knife—I should say a bamboo would not have made such a cut—it was clean cut, and had also cut through the shirt—the bamboo would not have done that—it might have torn it, but it would have
had a jagged appearance—there was an incised wound on the left hand, about an inch long, and about a quarter of an inch deep—those were the only wounds that I observed—there was no abrasion of his person in any other place—the wounds bled—neither of them were dangerous—I saw him the following morning—he was doing well. and the wounds were healing.
Cross-examined. The wound on his hand was a mere flesh wound? A. Yes—the edges were clean cut—the wound in the chest was about half an inch each way—I should say this bamboo could not have made it, supposing it to be broken off, and splintered, it would not produce that kind of wound—I should say it would not produce such a clean cut as a knife.
GUILTY of an Assault.— Confined One Month.
NEW COURT.—Saturday, October 30th, 1847.
PRESENT—Mr. Alderman SIDNEY; Mr. Alderman Moon; and EDWARD BULLOCK, Esq.
Sixth Jury, before Edward Bullock, Esq.
GUILTY. Aged 17.— Confined One Month.
2374. HENRY LEVY was indicted for stealing 2 1/2 lbs. weight of cigars, value 2l.; 100 pens, 2l., 30 pencils, 10s.; 2 lbs. weight of sealing wax; 6s.; the goods of Benjamin Isaacs; also, 1 breast-pin and chain, 15s.; and 1 ring, 15s.; the goods of Benjamin Isaacs; and that he had been before convicted of felony; to which he pleaded
GUILTY. Aged 20.— Transported for Seven Years.
2375. JAMES JONES was indicted for stealing 48 lbs. weight of candles, value 5l. 2s.; the goods of Matthew Peter Davies; also 48 lbs. weight of candles, 5l. 2s. 6d.; the goods of Hugh Barclay; having been before convicted of felony; to which he pleaded
GUILTY. Aged 20.— Transported for Seven Years.
GUILTY. Aged 19.— Confined Four Months.
GUILTY. Aged 32.— Confined Three Months.
2378. JOHN HUNT, MATTHEW MURPHY , and RICHARD BUNYAN were indicted for stealing 84 reels of cotton, value 5s. 10d.; the goods of William Bishop and another, their masters; Hunt having been before convicted of felony; to which
HUNT pleaded GUILTY. Aged 16.— Confined Six Months, and Whipped.
MURPHY— GUILTY. Aged 16.
BUNYAN— GUILTY. Aged 15.
Confined Two Months, and whipped.
GUILTY. Aged 16.— Confined Twelve Months.
2380. MARY ANN BRYANT was indicted for stealing 1 watch, value 2l., the goods of Sarah Francis; and one brooch, 10s., the goods of Maria Francis; having been before convicted of felony: to which she pleaded
GUILTY. Aged 17.— Transported for Seven Years.
GUILTY. Aged 14.— Confined Four Months.
GEORGE ACKERMAN. I have three partners—our house is in the precinct of the Savoy—we pay rent and taxes—Mr. Walter resides there—it is his dwelling-house—the prisoner was in our service since the end of April—on the 21st of Oct., in consequence of information I called him into my room—my partners were present, and an officer—I proposed to search his lodgings—he said he had no objection—he went with me and the officer to his residence in London-wall—I saw a female there, whom he introduced as his wife—we made a search on Thursday, and found the books and prints that are now here—I know them to be our property principally—there may be one or two that are not—he said some were given to him by Mr. Hoare, and some were lent him by Mr. Roach, who is a person in our employ—he said he had some paintings, he imagined he had sold them to Mr. Rowland, he did not know whose they were, they were given to him by Mr. Roach to sell, and he had sold them—he went with us to Mr. Rowland's, who produced two of the paintings—they were ours—they had not been sold—I am positive the books are ours by the price in them, and the letter corresponds with our mark—some of them are not marked.
Cross-examined by MR. PARRY. Q. Did not the prisoner come from Mr. Hoare to you? A. Yes—I should call most of these prints soiled, but these two are in a saleable condition—he has not always told us one tale in reference to these prints and paintings—he told me these two were given him by Mr. Hoare, and the same two he said were given him by Mr. Roach for sale—he said the books were lent him by Mr. Roach, that he had sold the paintings to Mr. Rowland before we knew who had taken them, and that those paintings were given him by Roach to sell—Roach was in our employ in the same way as the prisoner is, in keeping the prints and looking after them—he may receive a few shillings a week more than the prisoner—he had been in our employ about a fortnight or three weeks before the prisoner came—I gave Roach into custody, and his lodgings were searched—it was on a Wednesday we discovered the robbery—Mr. Roach was aware we had missed the property—I am not aware whether the prisoner knew it—we found one engraving at Mr. Roach's lodging, which he said he bought of the prisoner for a shilling—this is it—it is an engraving of the crucifixion—I do not know the value of it.
brought them of the prisoner for 2l. 4s.—I have been in the habit of purchasing pictures of him for the last three years—I knew him when he was in his last master's employ.
Cross-examined. Q. Did you give a fair price? A. Yes, for pictures in the state they were in—Mr. Hoare has been with him when I have bought pictures of him—a person in the prisoner's situation would have an opportunity of obtaining prints and engravings for sale—a great many of these are sold by persons who are small dealers, and do not keep shops—there are a class of persons who buy at public sales—these are to be found at most print shops.
JOSEPH THOMPSON (policeman, F 62.) I went to Mr. Ackerman's on the 21st of Oct.—I saw the prisoner—it was proposed to search his box and lodgings, there was not objection—he told me he sold some printings for Mr. Roach about three months ago, at Mr. Rowland's—I asked him how be received them of Mr. Roach—he said, "Sometimes by night, and sometimes by day"—Mr. Roach was called up, and stoutly denied it—I went to the prisoner's lodgings, and found the books he said Mr. Roach lent him—there were one or two prints in frames—he said Mr. Hoare had given him them.
Cross-examined. Q. He displayed the greatest readiness to give every information? A. Yes; all his statement about the pictures, and about Mr. Roach, was voluntary—we had no clue to Mr. Rowland's but what the prisoner said—when we went to his room I saw his wife go to a drawer, take some pictures out, and put them under here cloak—she was walking about the room—some of the pictures were in a box in the bed-room—they have a bed-room and a sitting-room—Mr. Roach was in custody an hour or two till we took the prisoner.
JAMES ROACH. I am in Mr. Ackerman's service—the prisoner was employed in the same department—I cannot recollect any of these pictures—I never lent the prisoner any books—I never gave him any pictures to sell.
Cross-examined. Q. How long have you been in Messrs. Ackerman's employ? A. About seven months—I was taken into custody on this charge—I cannot say whether this print of the "Crucifixion" is Mr. Ackerman's—I purchased it for 1s. of the prisoner—I never dealt in pictures—I never gave pictures or prints to the prisoner—I admired this print of the "Crucifixion"—he told me Mr. Hoare, his late employer, had given him a couple—I said he might as well let me have one—I was in the employ of Mr. Marshall, of Holborn-bars, for five years—I left him to go to Mr. Ackerman.
GEORGE ACKERMAN re-examined. Q. Do you know the value of these paintings? A. We consider them worth from 20l. to 30l.—we paid 25l.; or guineas, for one of them—we have had some of the paintings some time, and some were engraved.
MR. PARRY called
RICHARD HOARE. I am now out of business—I was a print-seller—the prisoner was in my employ for three years—I knew him eight or nine years—he was an honest man—I never knew anything to the contrary—I have given him some prints—I think one of these is one that I gave him.
MR. GODSON conducted the Prosecution.
man's General Register-office, in London—it is part of my duty to grant register tickets—in August, 1845, I granted a ticket to John Foster; this is a duplicate of it, which was kept in the office—I gave the party the corresponding half of it—this is it—it was issued from our office, and bears my signature—I have not doubt it was granted by me—it is dated, "11th of Aug., 1845"—it has been altered in six places—there have been five erasures, and one place has been altered without an erasure—(read—"Mariner's Register Ticket, issued pursuant to Act 7 and 8 Victoria. 112. No. 32885. Name, 'John Forster;' now altered to, 'William Thompson,' born St. George's East, in County Middlesex, 13th Aug., 1793, now altered to '1815.' Capacity, 'fidler;' now altered to 'cook;' height, 'five feet three inches:' now altered to five feet five inches;' hair, dark-grey; complexion, fresh; eyes, grey; mark on person, none; signature, 'John Forster,' altered to 'William Thompson' "—issued to the above-named 'John Forster,' altered to 'William Thompson,' 11th Aug., 1845"—this one was an exact counterpart of the other, only the one I gave out has my name written in full, and the duplicate has only my initials to it.
JOHN FOSTER. I obtained this ticket, as a seaman, on the 11th of Aug., 1845, in the capacity of fidler—I made a voyage to Bombay and bask, and to the Carnatic—I returned home last Jan.—I went to live in my own lodging—I have since removed to Mill-yard—I met the prisoner Thompson some months back—he was a stranger to me, but I asked him to drink—he sat down, and said he was on board the Sarah, as cook, and was going to the West Indies, but he was sorry to say he had lost his ticket—I told him I had a ticket at home, which was of no service to me, if it was of any to him, I would give it him with all the pleasure of life—he asked if I had it about me—I said an, it was at home—he asked me to bring it down the next evening, and I did, and gave it him—he told me he would satisfy me when he got his advance note—I told him I wanted no satisfaction, he was welcome to the ticket—he said if I did not want anything, he would stand something when he got his note cashed—I said he might do as he thought proper about that, and gave him the ticket—he read it, and said it did not exactly agree in age and height, and asked if I knew anyone who would alter it—I said I knew nothing about the altering it myself, but there was a Mr. Williams, who wrote, in the Black Horse, he might take it to him, and see what he could do with it—he then went away to go to the Black Horse—I saw him again the next day, in a beer-shop—we went from there to the Black Horse, and I saw him give the ticket to the prisoner Williams, and he asked him whether my name could he altered into his—Williams said he did not see why it could not be done, but he was not in a fit state to do it that evening, but if he would call the next morning it should be ready—I cannot recollect whether anything was said about the height—Thompson went on board his ship, and the next morning I went down and saw Williams—I asked him whether he had done that for Thompson—he said no, but he would do it in my presence—I saw him scratch out something, and write something, but what it was I cannot tell—my eyes are very bad without my glasses—I cannot tell whether he altered it in one place or many—I saw him scratching out and writing—he might be a quarter of an hour about it—he scratched out with a bit of white paper—I cannot say whether it was writing paper or what—he gave me the ticket, and I went, saw Thompson, and gave it him—I saw Williams next day—he said he was very sorry for what he had done, he was afraid he bad got himself and me into a scrape, and he very much pressed me to go back to the ship, and get the ticket back again from Thompson—I went to the ship, and
Thompson was cooking—I asked him for the ticket—he said the boatswain had goy it looked up in his chest—before that, Thompson had said to me that the ticket was not altered to his satisfaction, and he would make an alteration, or get it altered, and he said he daubed it over with tar that the alteration might not be seen—it has the appearance of tar on it—I believe the ship sailed on the second or third day afterwards, but I went on board the ship again, as she was hauling out, endeavouring to get the ticket again, as I thought I might get into trouble, though I had done it innocently—I told the steward of the Sarah of it before she sailed, and also the boatswain, and the owner—Thompson sailed with the ship—he came into the dock at the last moment, and had hardly time to get hold of the fore-chain, and get on board, or I should have given him into custody—he was taken when he came back.
Williams. You came and said to me, "Williams I want you;" you took me to the corner, and there was Thompson, who was a perfect stranger to me; I refused you altogether that night; it was not my inability to do it that night, but my unwillinguess; you came to me the next day, and I wrote the word "Thompson" mis-spelt; that was the only thing I wrote.
COURT. Q. Was that the only thing he wrote? A. I do not know, I saw him scratching and writing—I did not look at it—I wrapped it up and put it into my pocket.
Thompson. Q. Why did you follow me down to the ship for money? A. Because you owed me 5s.—you told me you would pay me, and you never did—you gave me 3s. 6d. half an hour before you were taken.
MR. GODSON. Q. What did he owe you 5s. for? A. I had two new check shirts and a jacket and trowsers in pawn—he was very bare of clothes and I sold him the duplicates for 1s. 6d., and I spent 3s. 6d. for beer and tobacco and one thing and another that I paid for him—I went to get that 5s.—I asked him for the tickets—I did not ask him for the money.
JAMES WATSON (policeman, H 152.) I went to No. 18, Wells-street, where Thompson lodged—I got this ticket from Mr. Terry's son, the lodging-house keeper—Thompson had told me that he lodged there, and that his ticket was there—I went for the purpose of getting it—I had apprehended Williams before that—I said I wanted him to go to the station respecting a charge against him for altering a ticket from the name of Forster to Thompson—he said be was aware of it, he had heard something of it, he could not deny that he had done it, but he was sorry for it.
GEORGE BRIDGES. I am master of the ship Sarah—Thompson sailed with me with this ticket—I joined the ship at Gravesend—I mentioned to Thompson that I heard he had got false possession of the ticket, and had no right to it—he denied it—he sailed in my ship the 22nd of April, and came back and was paid off on the 18th of Sept.—he behaved very well with me.
William's Defence. This is the first time I ever was in a criminal court: I am a cripple and cannot work, that is why I have to get a livelihood by writing.
Thompson's Defence. This man got me to take this ticket; I agreed to give him half a sovereign for it; I was hard up and expected to be kicked out: I took the ticket and said it would not do for me; he took me to Williams, and I heard Williams say that he could not do it that night, but he could in the morning; I never saw Williams afterwards; the ticket was brought to me after I had signed articles in the ship—I can neither read nor write.
WILLIAMS— GUILTY. Aged 47.
THOMPSON— GUILTY. Aged 28.
Recommended to mercy.— Confined Fourteen Days.
ISAAC JOHN NATHAN. I am a fancy dress and masquerade tailor, and live in Castle-street, Leicester-square—the prisoner was a servant in my nursery, and afterwards kitchen-maid—she left me without notice about the 20th or 21st of Sept.—after she left I missed a great many things—we missed this salt-holder while she was with me.
ALFRED ROBERT WOOD. I am a pawnbroker at High-street, St. Giles's—I know the prisoner; she had been employed by my brother and family—on the 21st of Sept. she came to me with this salt-holder—I asked if she wished to pawn it—she said, she wanted to sell it—I gave her 12s. for it—she said she had it left her by a deceased aunt, and she had no further use for it.
GUILTY. Aged 35.— Confined Three Months.
THIRD COURT.—Saturday, October 30th, 1847.
PRESENT—Mr. Alderman MUSGROVE; Mr. Alderman SIDNEY; and Mr. COMMON SERJEANT.
First Jury, before Mr. Common Serjeant.
GUILTY. Aged 36.—Recommended to mercy by the prosecutor.— Confined Nine Months
GUILTY. Aged 23.— Judgment respited.
MR. CLARKSON conducted the Prosecution.
JOSIAH LAPPAGE (policeman, K 284.) On Saturday, the 16th of Oct., I was in a pawnbroker's shop in the Mile-end-road—a person came in to the next box to the one I stood in, and wanted 2s. 6d. on an iron wrench and an oil stone—I could not see him, there was a partition between us—the pawnbroker took the wrench in his hand and asked if it was his property—he said, "Yes"—the pawnbroker said, "Here are the initials of the London and Birmingham Railway Company on it"—the man said, "Yes"—the pawnbroker asked whether it was his, he said, "Yes it is mine"—the pawnbroker handed it to me—I looked at it and handed it back—he took in the oil stone, but not the wrench—I then went out, met the prisoner at the side door coming out, and asked him if the wrench belonged to him—he said, "Yes, it is mine'—he had it under his coat apparently putting it into his side pocket—he handed it to me—I said, "How is it it has the initials of the London and Birmingham Railway Company are on it"—he said, "The smiths put it on"—on the way to the station he said, "If we can get it away for a pot of beer, it is better than paying 18d. or 2s. for it"—he also said, "I have several tools in
my chest at home, marked with the same initials"—he said he lived in White-horse-lane—I went there, searched his chest, but found he had no tools with this mark on them—I found a duplicate for the oil-stone on him.
WILLIAM WALTON. I am a foreman in the carriage department of the London and North-Western Railway Company—this wrench is their property—when persons who have not got tools are employed by the Company, it is the custom to permit them to have the use of tools—it is their duty to take them back to the store when they have done with them, where they are booked to the party who takes them out—the prisoner worked for the company twice—the last time was five or six weeks ago—it is not true that I gave or lent him the wrench—I never knew he had it—it is a strict rule that no person shall take tools home with him.
Prisoner. I lent the Company's man a wrench of the same size six weeks ago, he broke it and showed it to the foreman, and wanted to get it mended, and could not; the foreman gave me this one instead.
Witness. That is not correct—I might have lent him one, but this one has been in store since that—I know it by a particular flaw and some dots which are on it.
JOHN TIPING. I am a coach-maker in the service of the London and North-Western Railway Company—I know the wrench produced—I have worked with it—it is the duty of a workman to return it to the store when he has done with it—no workman is permitted to pawn the goods of the Company—it was in my charge—I worked with it six or seven weeks ago, I lost it, and could not tell what had become of it—I missed it about the time the prisoner left.
GUILTY. Aged 36.— Confined Three Months.
WILLIAMS pleaded GUILTY. Aged 26.— Confined One Months.
ELIZABETH ROBERTS. I am single, and live at 60, Stanhope-street Hampstead-road, in the house of Mrs. Ellis—I went into the country and left a box of clothes there—I returned the first week in Aug., found my box nearly empty, and twelve yards of silk was gone—I do not know the prisoners—they were not at the house when I left—the silk produced is mine.
HARRIET ANN ELLIS. I am the wife of John Ellis, of 60, Stanhope-street—Roberts lived at my house—Williams was there as housemaid—Oakshot said she was her mother, and used to come backwards and forwards to her two and three times a day—I found Robert's box broken open and the things gone.
Oakshot's Defence. I pledged it not knowing it was stolen.
OAKSHOT— GUILTY. Aged 55.— Transported for Seven Years.
(There were two other indictment against Williams, and one against Oakshot.)
abroad—I keep the house, 35, Exeter-street, Strand—the prisoner was my servant—I was going out of town on Saturday, the 18th of Sept., and sent the cabman back to say I had left three rings on the mantel-shelf—he came back and said the servant was gone out—I came back on Monday afternoon, the 21st of Sept., and missed the rings—my daughter lives with me—the prisoner was brought back—she said, she had never seen the rings, but perhaps they were brushed away into the dust heap—she afterwards stooped down, and picked two form the dust heap—she said she had pledged the third, had given the ticket away, and did not know the pawnbroker's name—this diamond ring produced is mine.
Prisoner's Defence. I did not return till one o'clock, as they did not get up until that time; she keeps an open house; I thought this ring belonged to some of the company who stopped there; she owes me 8s. as wages.
GUILTY. Aged 17.— Confined Three Months.
COMFORT ALEXANDER. I am the wife of Samuel Alexander, of 125, Gos-well-street. On Tuesday afternoon, 8th of Sept., about three o'clock I went into my yard, and saw the prisoner standing about three yards inside our gate with a parcel under his arm—he asked me the price of a stove—I watched him—he kept going backwards and forwards, and looking at the stove—I said, "Do you want to buy it?"—he said, "Is that the lowest price"—I said, "Yes"—I took hold of his coat, and said, "Let me see what you have got"—he pulled me outside the gate—I found this pair of bellows under his coat, and I found a parcel on him—these are my bellows (produced.)
Prisoner. Q. Did you take the bellows from me? A. No—Mrs. Alexander had them in her hand—I took you in Pear-tree-street, about fifty yards off.
Prisoner's Defence. The bellows were not taken from the premises; when they were at the station they had an iron hook on them, which must have caught hold of my coat when I looked at the stove.
MRS. ALEXANDER re-examined. I cannot say whether there was a book on them or not—when I charged him, he twisted himself round, and would not let me see—I said, "I will see," and he flung them three yards from where I stood, inside my gates—I could see no part of them from under his coat, I only saw a projection—any person had a right to come in and view the goods.
GUILTY. Aged 65.— Confined One Years.
GEORGE EKINS CRANE. I am builder, in Royston-street. I am building houses in Old Ford-lane, Bow—on 16th Sept., in the morning, I received information, went to the buildings, and missed a load of bricks—I have never found them.
JOHN SAMUEL FOX. On 15th of Sept., eight o'clock in the evening, I saw the prisoner loading bricks from Mr. Crane's building, with a cart—I left him with the cart there half loaded, and went to my lodging, and in about half an hour they came by with a cart load of bricks, which appeared to be the same I had seen them loading the cart with.
Prisoner. Q. When I was loading them, did not you ask me and my brother what we were going to do with them? A. Yes, and you made me no answer—I told Mr. Crane at six o'clock next morning.
THOMAS DAVEY. The prisoner and his brother hired a stable of me, and on 15th of Sept., between nine and ten o'clock, I saw them drive a cart load of brick in, and next morning a little after seven, they drove them away,
Prisoner. Q. Why did I hire the stable? A. To put your horse in—you told me you were engaged in carting bricks, and that sort of thing.
Prisoner's Defence. I own to offering them for sale; I have sold bricks before; I was hired to drive a load of bricks for Mr. Palmer.
WILLIAM ROWLAND (policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted March, 1844, of stealing bricks, gad confined three months)—he is the person so tried and convicted.
(John Payne gave the prisoner a good character.)
GUILTY. Aged 22.— Transported for Seven Years.
DANIEL CLOVES. I am a coal-merchant, at Ratcliffe. I have one partner—the prisoner was in my service for several years—I have lost some weights and a bag—I believe this half hundred weight (produced) is mine.
Cross-examined by MR. HORRY. Q. I believe he has been eight years in your service? A. Yes, I believed him honest until this.
WILLIAM CHARLES POTTER (policeman, K 212.) On 11th of Oct., about seven o'clock in the evening, I saw the prisoner come down Broad-street with this bag containing this weight, and go into a marine store dealers in Broad-street, and look back twice—I went in—he gave me no account of the bag—I was in plain clothes.
Cross-examined. Q. Did he not say he had found it in Love-lane? A. Yes—I went into the marine store dealers, and asked what he had got—he said, "Nothing"—I said, "You have, and I believe it is a weight you stole from Mr. Cloves, I am an officer and shall take you"—he said, "I did not do so"—I took him to the station—he said he had picked the bag and weight up in Love-lane.
GUILTY. Aged 40.— Confined Four Months.
WILLIAM PICKERING. I live in Turnmill-street, Bethnal-green, and keep fowls. On the 25th of Sept., near seven o'clock, I missed a fowl—I afterwards saw the prisoner in custody—before I said anything to him, he said, "I had your fowl, it is at Rickett's house at the back of Shoreditch Church"—I went there and found it—I did not know the prisoner—to the best of my judgment the fowl which is here is mine.
EDWIN RICKETTS. I am a wire-work cage-maker, and keep a bird shop—this fowl was brought to my shop on the 25th, between six and seven in the evening—I cannot say who by—I am not certain it was not the prisoner—I put it outside the door for sale.
Prisoner's Defence. I bought the fowl for 9d.; I do not know who of; it was a black one; (the fowl produced was white.)
GUILTY. Aged 17.—Strongly recommended to mercy by the Prosecutor, believing him to be in distress.— Confined Nine Months
Prisoner. The captain desired me to take care of anything I found in the ship belonging to him. Witness. You were not authorized to remove anything from the ship, or to give them to your wife to take care of for me—I left you in care of the ship and things.
WILLIAM LONG. I am a constable of the East India warehouse. On the 4th of Oct. I stopped the prisoner's wife with a bundle of clothes, amongst which was this spoon, table-cover, and towel—the prisoner was not with her—I went on board the ship and fetched him—he said he gave her them to take to wash.
Prisoner's Defence. I found the spoon in an old mustard-pot in the pantry, and the other things in a washing-tub.
THOMAS CANNEY re-examined. They were in the pantry when I last saw them—the prisoner had no business with them—he had the care of the ship, but the articles were not in his charge—he was not to have anything removed without orders.
GUILTY. Aged 59.— Confined Three Months.
ANN CONNOR. I am a window, and live at Lincoln-court, Drury-lane; the prisoner lodged with me. On Monday, the 4th of Oct., I went into her room, turned down the bed, and missed a pair of sheets, and afterwards a saucepan—she did not come back—these are my sheets—(produced).
Prisoner's Defence. I did not sell the sheets; I left them with the woman and told her I would call for them in the evening.
GUILTY. Aged 20.— Confined Nine Months.
JAMES GROOM SHORT. I am an iron-founder, No. 19 Bell-street, Mery lebone—the prisoner worked with me. I lost a screw-driver—this produced is it, it has my mark on it—he had no business with it off my premises—these pincers and hammer are mine—I missed the pincers at the latter paid of Jan., or the beginning of Feb.—I cannot recognise this lead.
Prisoner's Defence. I was at Frome, in Somersetshire; a man, named James Short, died there; his wife had a sale; I bought the tools there for 7s. 6d.; I had them before I came to London.
The Prisoner called
(The prisoner received a good character.)
GUILTY. Aged 30.— Confined Three Months.
JOHN EDWARD SLOPER. I am in the employ of James Miles, and another, of No. 9, Guildford-passage—the prisoner was errand-boy there. On Sturday morning last I saw some packages marked, each contained 5s. in copper—the prisoner came about one o'clock in the day—I watched him—the shopmen told me something—I struck the prisoner's pocket, found something weighty, and sent for a policeman—he was searched in my presence, and two of the marked packages found on him.
GUILTY. Aged 13.— Confined One Month and Whipped.
2398. THOMAS ADAM BURGESS was indicted for stealing 2½ yards of silk, value 14s. 6d.; 1 yard of cloth, 5s. 6d.; 2¼ yards of doe-skin, 14s. 6d.; and 4 yards of twilled-cotton, 5s. 6d.; the goods of Alfred Spark, his master. ALFRED SPARK. I am a tailor, and keep the house, No. 64, Hatton-garden. The prisoner was in my employ about an hour and a half, as a journeyman—I went out for half an hour, came back, and he was gone—I missed some silk, woollen cloth, doeskin, and cotton—I left only him in the room.
Prisoner. You went out, and gave me 1s. to get my dinner? Witness. I did not—it was not twelve o'clock when I returned—I was to give you 5s. a week, and your board and lodging, and I had given you 2s. in advance.
JOSEPH TURNER (policeman.) I was called, and took the prisoner—he at first denied knowing Mr. Sparks, but, in going to the station, he recollected that he knew him well—he said he was working there two hours, and left because he did not like working in the parlour by himself.
Prisoner's Defence. I never took anything out of the place.
GUILTY. Aged 26.— Confined Three Months.
2399. HENRY PAVIOR and FRANK AUGER were indicted for stealing, at St. George, Hanover-square, 3 mugs, value 12l.; 1 teapot, 10l.; 2 goblets, 11l.; 6 salt-stands, 1l.; 1 muffineer, 10s.; 1 coffee-pot, 10l.; and 1 tea-canister, 10l.; the goods of William Burn, the master of Pavior, in his dwelling-house; and ELIZABETH AUGER , for feloniously receiving the same; to which
PAVIOR pleaded GUILTY. Aged 21.— Transported for Ten Years.
MR. BODKIN conducted the Prosecution.
WILLIAM GASCOYNE. I am butler to Mr. Burn, of No. 6, Stratton-street, Piccadilly. Pavior has been in his service eighteen months—it was part of his duty to clean the plate—he had access to it whenever he pleased—there was a good deal of plate stowed away, not in common use—I missed him on Saturday, the 11th of Sept.—he never returned after that—about nine o'clock in the morning I had occasion to look at the plate, and missed a great quantity—I immediately communicated with my master, who sent for the police—Auger frequently came to the house to see Pavior—I understood him to be a friend of his—I do not know whether he was in any business—I have seen him there two or three times a day—I saw him once in the pantry where the plate was kept.
Cross-examined by MR. PAYNE. Q. How long used he to stay? A. I cannot tell—I cannot say when I saw him in the pantry—I never saw him take any plate away.
WILLIAM BURN. On the Saturday Pavior left my service, I received a communication from Gascoyne, and sent for the police—he was not under any notice to quit—he absconded—on the same night I received a parcel containing plate belonging to me—on the Monday I received a letter from Pavior—this is the cover of the parcel—(produce)—I have examined the property produced—here are three mugs, a teapot, and other articles—they are all mine—it is my dwelling-house, and is in the parish of St. George's.
Cross-examined. Q. Have you any other name? A. No—Elizabeth Auger came to me, and sated that she was in great distress—I gave her half-a-sovereign—I did not know she was concerned in this at the time I relieved her—she stated that her time had been occupied in running about pawning the plate with my servant, and that she had not a single shilling.
SARAH ADAMS. I have the care of the house, No. 8, Stratton-street, the next but one to Mr. Burn's—I have seen Pavior going in and out there—on Saturday morning, the 11th of Sept., I saw a policeman go in—soon after that Pavior came home—I made a communication to him, and he did not go in—he went away—I saw no more of him.
RICHARD BURT. I am in the service of Mr. Probet, a butcher, of Shepherd's-market—I know Pavior and Frank Auger. On Saturday morning, about twenty minutes or half-past ten o'clock, I was in Bond-street and saw them run from Stralton-street up Bond-street—I called to them—I said, "Halloo"—Pavior answered the same—he kept on, and I lost sight of him.
Cross-examined by MR. PAYNE. Q. Do you know Auger by sight A. Yes—I am not an acquaintance of his.
JOHN GRAY (policeman.) On the 11th of Sept. I was sent for to Mr. Burn's—Pavior was then gone—on the 26th of Sept., a fortnight afterwards, I found him in Litchfield-street, Soho—I told him I wanted him for stealing a quantity of plate, money and books, the property of his master, Mr. Burn—he came quietly, and said it was right—he gave me an account of how the plate was taken away—on the 30th I took the other two prisoners—they were living together at No. 16, Noel-street, St. James's—I told them they must go with me to the station to explain respecting Mr. Burn's plate—they said they could only say what they had said before, which was the truth—I had seen Elizabeth Auger before, on Saturday, the 18th—Frank Auger was not there—I asked her if she could tell me where her son Frank was—she said he was in the country—I said I wanted to see him, there had been an extensive robbery committed at Mr. Burn's, in Stratton-street, Piccadilly—she said she would endeavour to find him—I left my address, and in about an hour after she came to the station, and said she had pledged a large quantity of plate for a man who represented himself as a butler, who she had washed for for two months; that she did not know his name of his address—she went with me to some pawnbrokers' shops, and, amongst others, to Mr. Roberts—she said, about half-past eight o'clock the butler came to has and requested her to accompany him to Mr. Roberts's shop, and redeemed six knives and forks, and delivered to her a sealed packet—I asked where the packet was—she said, "At home"—I afterwards opened it, it contained fourtes duplicates, relating to Mr. Burn's property—she spoke of him as the butler, a person whose name she did not know, or where he lived—I asked her to see I she could find him out, and she took me to different public-house is the neighbourhood of St. Marylebone, I found no such person—she gave me no idea that the person was a servant of Mr. Burn, or who he was, but after she knew the shirt produced belonged to Mr. Burn, she said she had been there and washed two shirts for Pavior, two months before the robbery—on Wednesday, the 20th, I desired Frank Auger to go to Mr. Burn's with me—in going along he said he never received anything from Pavior except a silver mug, a silver tea-pot, a coffee-pot, some cups and saucers, and books, and had delivered the duplicates to him (Pavior)—his mother was by the side of me a great part of the way; I do not know whether she heard it, she made no remark—she afterwards said she met Pavior on the 11th, went with him to Regent's-circus and received a parcel and some money, and sent it by the Parcels' Delivery Company in the Commercial-road, and she then went to Upminster, in Essex.
Cross-examined. Q. The first time you saw Elizabeth was the 18th of Sept.? A. Yes—it was on the evening of the 11th that Mr. Burns gave her some money—she came to me and said her son would meet me at any place I chose to appoint—I met them by appointment in Oxford-street—she said she had been once at Mr. Burns, about two months previous., and washed a shirt. MR. BODKIN. Q. That was after the property had been discovered and
claimed? A. Yes, some time after—at the time she made the appointment and kept it I was aware of the pledging—only the knives had a crest on them—they were redeemed—the house is in the parish of St. George, Hanover-square.
JANE ANN BASS. I am kitchen-maid to Mr. Burn. Auger came there several times to see Pavior—a month or six weeks ago I saw Elizabeth Auger in the servants' hall, talking to Pavior—her son was not there then.
Cross-examined. Q. Was it not two months ago? A. No—I was examined before the Magistrate—I cannot say whether it was two months before I was before the Magistrate.
FREDERICK POOLE. I am shopman to Mr. Roberts, pawnbroker, Morti-mer-street, Canvendish-square. I produce a silver tea-pot, a knife and fork, six salt-stands, thirty-eight knives, and a candelabra-stand—they were pledged by a man at different times; I have no recollection of him, it is three months ago—I find in a packet which the officer has produced duplicates corrresponding with them, with the exception of one, which was left with us—the silver tea-pot was pawned on the 9th of Oct., for 3l.—there is no mark or crest on it—I have know Frank Auger and his mother five or six years—I had taken in pledges of him in the name of Clifford—these tickets are all in the name of Clifford, except the tea-pot, which is in the name of White—I have six salt-stands, pledged by Elizabeth on the 6th of Aug.—I do not find a corresponding duplicate to them, as both tickets are in my possession—when the last pledge but one was brought, this ticket of the salt-stand was brought with it by the same woman to have it redeemed—she gave the name of Ann Clifford, No. 10, Wells-street—that was the name I knew her by.
COURT. Q. Did you know anything of her? A. The first pledge I took in of her concerning plate was some pepper-castors, for two guineas—they were in the house a week or ten days, and she brought money and redeemed them—she was asked whose they were—she said they belonged to a gentleman of extravagant habits who did not wish his name to be known; that she was in the habit of pawning at Mr. Baker's, a pawnbroker in the neighbourhood; and if we would lend her money on them she would bring them to us.
MR. BODKIN. Q. Who did she say employed her to pawn them? A. A gentleman of extravagant habits, who was in the habit of pledging a great deal of plate.
Cross-examined. Q. She brought the things to a place where she was know? A. Yes—she did not say anything about receiving the plate from the hands of the gentleman—she did not say, on the first occasion, that he employed of the pawn them, only that they belonged to him—she did on the occasion of pledging the candelabra-stand—she told me she should not be able to go to him that day as he lived some little distance off, and she should have to take an omnibus.
RICHARD HENRY CLOUD. I am shopman to Fuller and Fleming, Pawnbrokers, of Lower John-street, Golden-square. I produce a mug, pledged for 1l. on the 7th of Aug., 1847, and in the name of Henry White, No. 6, Stratton-street, I believe by Frank Auger—on the 10th of Sept., Elizabeth Auger came, and wanted to have more money on it—we could not advanced it—I only knew her by the name of White—I produce a tea-caddy, pledged on the 6th of Aug., with a pair of trowsers, by Frank Auger, for 30s.—on the 19th the trowsers were taken out, and the tea-caddy left for 2l.—on the 10th of Sept., Elizabeth Auger came with the ticket of the tea-caddy, and requested it to be made up four guineas, as she had a pledge somewhere else for that amount, as it was for a lady—she did not come again after that.
Cross-examined. Q. Were you the person that spoke to her about the money on the tea-caddy? A. Yes—I cannot say what time in the day it was—I swear she said it was for a lady—the young man gave her the money—I did not make out the ticket—I was present, and can swear to her.
CHARLES JOHN THRIFT. I am shopman to Mr. Russher, pawnbroker, Great Portland-street. I produce a silver mug. pawned on the 2nd of Aug. by Elizabeth Auger, in the name of Clifford, Wells-street—I have known her by that name four years, and I believe it to be her right name—I produce another silver mug and two silver goblets, pawned by her on the 5th of Aug.—she said they were the property of a gentleman who did not want his name mentioned.
Cross-examined. Q Did you recollect that before the Magistrate? A. I should have done so, but I was not asked the question.
HENRY FREDERICK WHITTON I am shopman to Mr. Rotchford—I produce a silver coffee-pot pledged, to the best of my belief, by Elizabeth Auger, on the 30th of Aug., for 5l., in the name of Jane Nelson, of Silver-street, for Henry Jameson, of 122, New Bond-street, who she said was a gentleman.
MR. PAYNE to JOHN GRAR. Q. Did Elizabeth Auger ask you, before you went to Mr. Burn's, what sort of a man the butler at Mr. Burn's was? A. Yes—I do not recollect asking her why she asked me that—I took her into Mr. Burn's room, and into the butler's pantry—she had some tea and wine there—I told Mr. Burn I had found all the property through her information, and that she bore a very good character in the neighbourhood, and was a widow with a large family—Mr. Burn gave her 10s., and said no harm should come to her or her son, if she would find him—I was not then aware of the different representations she had made at the different pawnbrokers—after we left, she wished me to search her place—I said I did not want to do so—and she had also asked me when I went to get the duplicates—she us a laundress.
MR. BODKIN. Q. Did you inquire for Mr. Henry Jameson, of 122, New Bond-street? A. Yes—I found no such person, it is a false address.
FRANK AUGER— GUILTY Aged 21.
ELIZABETH AUGER— GUILTY. Aged 42.
Transported for Ten Years
(There were two other indictments against the prisoners.)
OLD COURT—Monday, Nov. 1st, 1847.
PRESENT—MR. ALDERMAN GIBBS; MR. ALDERMAN MUSGROVE; and Mr. COMMON SERJEANT.
Third Jury, before Mr. Common Serjeant.
2400. JOSEPH PEMBERTON was indicted for burglariously breaking and entering the dwelling-house of George Hodson, about ten in the night of the 25th of Sept., at St. Pancras, with intent to steal, and stealing therein, 4 pairs of trowsers, value 1l.; 1 coat, 2l.; 1 pair of sheets, 2s.; 2 pair of stockings. 1s.; 1 handkerchief, 1s. 6d.; 1 pair of boots, 6s.; 2 shirts, 2s.; 1 pair of stays, 1s.; I bed-gown, 6d.; 1 flannel-shirt, 1s.; 1 quilt, 6d.; and other articles, his property; having been before convicted of felony.
MR. CAARTEEN conducted the Prosecution.
ELIZA HODSON. I live with my husband, George Hodson, at 10, Augusta-square, Regent's-park. On Saturday evening, the 25th of Sept., about twenty minutes past nine o'clock, I left the house by the frond door, which I pulled to after me—it is a corner house—there is a window on the Square side in front—I left that quite safe—I returned in about an hour, the front door was as I had left it—I missed some things—some one must have entered by the little window, which was shut when I went out—I went to the station, my things were shown me there—the property here in mine.
Cross-examined by MR. HORRY. Q. It was a wash-house where they got in? A. Yes—in front of the house—I saw it safe just before I went out.
JOHN BATSFORD. I live at 1, Augusta-square. On the evening of the 25th of Sept. I was in my garden, and saw Mrs. Hodson leave her house, and almost immediately I saw four men walk up to the house, examine the front of it, and look at the area window—one of them went into a public-house, and two of them went in front of the house—they went away, and commenced drinking beer and smoking cigars, and then two went in front of the house again, and I heard a breaking of glass—I directly missed one of the men—I afterwards saw him come out of the front of the door, go down the steps, and beckon to the others—one went to him directly, and went into the house by the street door; the other two stood by the rails, drinking porter and smoking—the prisoner is one of the men who went in at the front door—I sent for Mr. Bott, a neighbour, from a public-house opposite—he came in two or three minutes, and while I was speaking to him the prisoner came out with a bundle on his head.
Cross-examined. Q. How far off were you in your garden? A. Fifteen or twenty yards—there were no house between me and Mr. Hodson's—I could see four persons—it was a moonlight night—it was the prisoner who gave the beer and cigars to the men—the steps of the square were fifteen or twenty yards from me—I saw the prisoner as he came down the steps, followed him to his house, and found the bundle there—it was from Mr. Bott's garden, three doors off, that I saw the prisoner come down the steps—he came towards me, but on the opposite side of the way.
JOHN HORSFRD. I am gate-keeper at the Royal Botanic Gardens—I produce a certificate of the prisoners's former conviction (—read—Convicted March, 1839, having been before convicted of Felony, transported for seven years)—I was at the trial—he is the person.
GUILTY. Aged 30.— Transported for Ten Years.
2401. CHARLES SYLVESTER and THOMAS COLLINGS were indicted for breaking and entering the dwelling-house of John Morries, on the 21st of Sept., at Paddington, and stealing therein 6 watches, value 15l.; 1 watch-case, 2l.; and 1 watch-guard, 12s.; his property; to which
SYLVESTER pleaded GUILTY.** Aged 28.— Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
JOHN MORRISS. I am a watchmaker and silversmith, at 7, Margaret-terrace, Harrow-road, in the parish of Paddington. On the 21st Sept. I locked my shop door, and went down stairs to dinner—I came up about two o'clock, and found Sylvester in the shop—I took hold of him, he struck me and got away—I pursued, and caught him again; he again got away—I still pursued him—there was a horse and cart about fifty yards from my house, he threw a handful of watches into it, but most of them rolled about—there was a man in the cart, I believe it was Collings—he said, "You take the reins, Sir, and I will catch the man"—he got out of the cart, and ran—I cannot be sure he ran in the same direction; he never came back to own his horse and cart—I saw the watches, they were my property—the lock of the shop was picked.
JOSEPH DRAKE. I am a constable of Paddington, and live in Market, street. On the 21st of Sep., about two o'clock in the afternoon, I saw a horse and cart in the road, about fifty yards from Mr. Morriss's shop—Colling was in it—I saw Sylvester come from the direction of Mr. Morriss's he went up and spoke to the man in the cart—they were not together a minute—Sylvester returned towards Mr. Morriss's, which is No. 7—I went to No. 2 and in two or three minutes I heard a cry of "Stop him!" and saw Sylvester running towards me without his hat—I thought it was a quarrel, and let him pass; I pursued into the road, and saw him run to the cart, and throw something thing at it; I pursued more quickly, and as I passed the cart, I picked up three watches in the road—Collings was then in the cart.
Cross-examined by MR. O'BRIEN. Q. When did you see Collings next? A. About three weeks afterwards, in custody—I have no doubt of him—I had never seen either of them before.
Cross-examined. Q. You had never seen him before? A. No. WILLAM NATHEWS (policeman, D 198.) On the 21st of Sept. I heard a cry of "Stop thief,!" and saw Sylvester running—I saw Mr. Morriss at the head of the horse of a chaise-cart—Collings got out of it, and said to Mr. Morriss, "You hold the reins, and I will catch the thief"—I have no doubt of him.
Cross-examined. Q. How far was the cart from Mr. Morriss's? A. About fifty yards—it was not a hundred—I did not measure it—it was in the same street.
COLLINGS— GUILTY. Aged 36.— Transported for Seven Years.
JOHN BONEY. , I live at 51, Pear-tree Court, Clerkenwell—the prisoner was in my service three months ago, and left—on the 26th of Sept., I went out with my wife from six o'clock till a quarter past eight—I received information which caused me to go to the station, where I found my cash
box—it contained seven sovereigns, nearly 1l., worth of silver, a bill of exchange for 300l., and other things—it was safe in my dwelling-house when I left.
ELIZA LAVINIA THURLOW. I am in the service of Mr. Bonney. On the 26th of Sept., in the evening, my master and mistress were out—the prisoner knocked at the door—I opened it—she asked if Mr. Bonney was at home—I said he had gone to chapel—she asked if I would give her a little water to drink—I said I had no spring water, I would give her some other—she said I need not trouble, and asked me to read a letter she had—I fetched a light, and she had no letter—we went into the parlour—she run across the room and took a bunch of keys out of a cupboard door, and said she had left some linen when she was in Mr. Bonney's service, would I go up and look for it—I said I knew nothing of it, so she had better call again—she said she had left her needle-case on the corner of the mantel-piece, would I go up and get it—I said, "No"—she said she would go up herself—I said if she would give me my master's key's she might, but she would not—she blew out the light, and went up stairs—I went for assistance, and shut her in the house—she was taken in the next yard, with the cash-box.
Prisoner. Q. You saw me take the cash-box; did not you ask me to go up stairs? Witness. No—you never went into the kitchen.
GUILTY. Aged 18.— Transported for Seven Years.
(There was another indictment against the prisoner.)
2403. JOHN LEATHER was indicted for feloniously breaking and entering the dwelling-house of Peter Robertson, and stealing therein 1 watch, value 6l. 6s.; 1 watch-case, 2l.; 1 watch-dial, 5s.; 2 watch-hands, 3s.; and 1 watch-frame, 26s.; his property.
MR. MELLER conducted the Prosecution.
PETER ROBERTSON. I am a watchmaker, at 39, Kingsland-road, Shoreditch. On the 5th of Aug., between one and two o'clock, I was in my back shop—there is a partition, breast high, with glass, between the front and back shops—I could see the shop-window—I heard a crack, west into the shop, but saw nothing—there was no one at the window—I again heard a noise, and saw the prisoner and another man in the act of extracting watches from the window—I only saw one arm in the window—I saw it distinctly with a watch—I ran into the street, and saw the prisoner with another man shorter than himself, twelve or twenty yards from the shop, walking away—there was no other person on the pavement—I gave an alarm, and ran two or three yards, when the prisoner looked round—I am sure he is the man—I had seen him about twelve o'clock that day with another man—I cannot say whether that was his companion when I was following them, he was about the same bright—the prisoner ran down the road to the first turning on the left—the other ran up the road—I followed the prisoner about 100 yards, into two streets, and called,:Stop thief!"—he heard me—when I got back, I missed two watches, one was unfinished—the window was brown, and a slip taken out with some instrument—I saw the prisoner, about six weeks afterwards, at Featherstone-street station, and recognized him at once.
Cross-examined by MR. HORRY. Q. Had you given information of the robbery? A. Yes, and the officer told me a man was in custody on suspicion of robbing my window—I went to the station—the prisoner was not pointed out to me—I recognised him directly as the man I pursued—he was sitting on a bench—there was no one else sitting there.
JOHN JENKINSON (policeman, G 53) On the 27th of Sept. I took the prisoner, at 24, New Norfolk-street, Shoreditch—he lodged there—I told him what I took him for—he did not say anything—I searched his room, and found a skeleton key—I was present when Mr. Robertson identified him.
Cross-examined. Q. Did not he say he knew nothing about it? A. No, he did not make any answer, after he was charged at the station he said he knew nothing about it.
GUILTY.†Aged 28.—Recommended to mercy by the Prosecutor.— Transported for Seven Years.
2404. RICHARD CHARLES HARRIS was indicted for feloniously altering a receipt for goods, with intent to defraud Richard Hocking, and others.—2nd COUNT, for uttering the same.—Other COUNTS, calling it a receipt for money, and an accountable receipt.
MR. BALLANTINE conducted the Prosecution.
JAMES COX. I am a carter, and take goods for Messrs. Hocking and Co.—I have done so several years—the prisoner was a porter in their employment—when I or my men deliver goods, we give a receipt for the money—on the 4th of Aug. some goods were delivered by my men at a wharf—I delivered this receipt to the prisoner from my own hands—it was then either for 1s. or 10d., but I am not quite sure which—my own writing is on the back of it.
Cross-examined by MR. HORRY. Q. You are not in the habit of delivering goods yourself at the wharf? A. A great many, and a great many I do not—I have many men under me—I received a great many notes, of the same sort, on the same day, but not from that wharf—it is very seldom we have one there—one of my men delivered the goods, and accounted to me—I swear there was either 1s. or 10d. on that receipt originally.
ROBERT SILVERLOCK. I am clerk to Messrs. W. J. Hall and Co., of Custom-house Quay—I issued this receipt—it was then for 6d.—it is for 1s. 6d. now—this other one was for 4d.—it is now 1s. 4d.—I know nothing about this other one.
Cross-examined. Q. You do not know to whom you gave them? A. No, I simply know that they are altered.
Cross-examined. Q. You issued it in the usual course of business, you cannot say to whom? A. Of course not.
JAMES TAYLOR. I live at No. 27, Change-alley, and was clerk to Messrs. Hocking and Co.—the prisoner was a porter in their employ—it was his duty to pay the moneys at the different wharfs and obtain the receipts for them, and at the end of the week it would be his duty to account to me for the sums of money he had disbursed, and received—it would be either deducted from the money paid him before, or
given to him if he had money paid him afterwards—on the week ending the 9th of Aug. he produced this account to me—he also produced these four receipts as vouchers of that account—the account was settled on the foundation of their accuracy—they make up the exact account.
Cross-examined. Q. Just as he presented them to you, so you examined and paid them? A. Yes—I was about to leave Messrs. Hocking, and another clerk named Watling was engaged in my place—I was assisting him and showing him how to do the business—he was there about a month—there was another person employed under the prisoner—it was the prisoner's duty to see to the sending away of these parcels—if he wanted anybody to assist him he could get a person—I paid the prisoner, and then it was for him to settle what disbursements there might be—the other porters did not produce separate accounts—all the accounts were included in the prisoner's—he settled for them.
MR. BALLANTINE. Q. Do you know whether this account is in the prisoner's writing or not? A. Yes it is—Mr. Hocking's name in Robert.
CHARLES WATLING. My employers' names are Richard Hocking, Ridley, and Hitchcock—I know it is Richard Hocking, from the circumstance of a Post-office order coming there, addressed Robert Hocking instead of Richard Hocking—that was how I first became acquainted with if—I have only been there a short time, and should very likely not have known it, if it had not been for that circumstance—I have no doubt of it now.
Cross-examined. Q. You have no doubt because the Post-office order had that name in it? A. Yes, that is the foundation of my knowledge—I was examined before the Magistrate—I was there several times—Harris ought to account to me—I do not remember saying to him, "If the governor asks you any questions relative to what money you have in hand, say that you have 10s. more than you really have, and I will make it all right"—I swear nothing passed about telling the governor that I would make it all right—I have not the slightest recollection of saying anything of the kind—I recollect inquiring of him how much money he had had from me, because I was 10s. short—I was in the daily habit of giving him money, a half-crown, 5s., and 10s., and my last note was that I had given him 10s., without charging him with it—I asked how much he had had, and he said so and so—I said, "Are you sure you have had no more"—he said, "No"—I said "Then there is no occasion to say anything about it, if I cannot find it out I must make it good"—before I went into Messrs. Hocking's service I was twenty-one months out of employment—I was endeavouring to do business for myself—I went to Messrs. Hocking's on the 9th of Aug.—I am married and have two children—eighteen months or two years ago a warrant was sent up to me from Norwich for neglecting go support an illegitimate child—I know a person in Great Union-street, Borough—I sent 5s. to her, but she could not be found—I do not recollect sending her a sovereign.
MR. BALLANTINE. Q. Did you tell the prisoner to forge the four receipts for the purpose of sending the sovereign? A. I did not—these matters occurred before I knew the prisoner or the prosecutors.
(The prisoner received a good character.)
GUILTY of Uttering. Aged 21.—Recommended to mercy on account of his character — Confined Six Months.
2405. SAMUEL JOHNSON, THOMAS STEVENS , and THOMAS M'FELL , were indicted for a robbery, together, on Ellen Judge, and stealing from her person and against her will 2 shillings, 3 sixpences, and 12 pence, the moneys of John Judge; Johnson having been before convicted of felony.
MR. BALDWIN conducted the Prosecution.
ELLEN JUDGE. I am the wife of John Judge, of 14, Jeffries-buildings, New Tothill-street, Westminster. On Sunday, the 3rd of the Oct., about half-past one in the night, the three prisoners came to the door and asked me if John Judge was at home—I said he was not—they forced me from the door, and said they would b—y well see what they could do—Johnson hit me in the side of the face, and put out the light—I had an opportunity of seeing their faces before the light was put out—the prisoners are the same men—when the light was out, M'Fell kicked me several times, against the stairs, and put his hand into my pocket three several times and pulled out 4s., two or three six pences, and sixpence in halfpence—I know what I had in my pocket—I screamed out "Robbery!" and "Murder!"—I made my escape into the parlour—my husband was inside—he shut the door—they burst it open, and put out the light that was inside—my husband ran out at the door, and screamed "Murder!"—they all three ran out, and the policeman came—I could see them by the light of the fire—I am sure that M'Fell is the man who kicked me—i have been under a doctor since, and I am sure that M'Fell is the man who kicked me—I have been under a doctor since, and I am seven months in the family way.
Cross-examined by MR. PAYNE. Q. How do you get your living? A. My husband goes to Covent-garden—my house is not a house of accommodation for men and women, it is a lodging-house—I let the bends by the night, not by the half-hour—Jeffries-buildings leads into the Almonry and into New Tothill-street—common prostitutes do not come and bring men to my house continually—I let my beds by the night—I have but two to let—there are no sofas—I never saw the prisoners before—I told them my husband was not at home, but he was inside the parlour door, looking at them—the door was half open—I have lived in the house for nearly six years—my children are ten, and six years old—they were all screaming when this happened—I am not mistaken as to the prisoners—I had plenty of light to see them by—they were there altogether about ten minutes—I saw Johnson and Stevens again the same night—they were taken by the description I and my husband gave—M'Fell was not taken for a week—I had plenty of light to see him. Johnson. Q. Can you swear it was me in the passage? A. Yes, you hit me in the side of the face, and put out the light, and M'Fell is the person that kicked me against the parlour door—if my husband had not appeared, I think I should have been murdered.
JOHN JUDGE. I am the husband of the last witness—on the night of the 3rd of Oct. the three prisoners came to my door and inquired if I was at hours—my wife answered, "No, he is not at home"—I was in the parlour at the time—the parlour door was open, and there was a light in the passage—when my wife denied me they crushed her from the door, and put her into the passage, and then Johnson struck her with right hand on the jaw—the light was put out before he struck her, but there was a light on the parlour table, which was convenient to the passage—M'Fell took hold of my wife, hit her against the stairs, and took 4s. out of her pocket—she called to me that she was robbed and murdered—I got her into the parlour in the best manner I could and shut the door—they broke open the parlour door upon me and out the
light I had on the table, but I had a splendid fire, and I identified them from the fire—I saw them both in the parlour and passage—on my solemn oath they are the three persons.
Cross-examined. Q. Where were you when you first heard anything? A. In the parlour—if I had made my appearance, they would have killed me—there were three of them, and there were three children in bed in the parlour to take care of, they were frightened—I am an Irishman—I thought they were suspicious characters—I had never seen them before to my knowledge—I could not interfere to prevent my wife being robbed, as I had the baby in my arms—I could not have laid it down, it might have fallen out of bed—I have only three beds, and I let them to the best advantage I can—there is plenty of property in the Almonry belonging to the Dean of Westminster—he gets plenty out of it—he lets plenty of houses out for accommodation.
COURT. Q. Do you think it is the Dean, or the lessee that does it? A. The property is his—I do not know whether the lessee derives the benefit from it.
MR. PAYNE. Q. Do you mean to swear that your house is not one of them? A. It is not—it is a lodging-house—I do not know that women of the town come there constantly with men—when people come for a bed I accommodate them for a night—the door is not left open for people to come in as they like—you must knock at the door—the money for the night's lodging is paid to my wife, I believe in the morning—I do not receive it—she keeps it all.
MR. BALDWIN. Q. How long did this last? A. About five minutes.
CHARLES BEAR (policeman, B 230.) On the morning of the 3rd of Oct., about a quarter to one o'clock, I was on duty in Jeffries-buildings, and saw the prisoners there—I knew them—I passed by them at first, and ordered them on—they appeared as if they went on—I passed by them, and in a about five minutes I heard a cry of "Police!"—I went back, and the prisoners were then gone—I am sure the parties that I saw there at that time were the three prisoners.
Cross-examined. Q How many minutes had you seen them? A. Five or six—they went down into the Almonry from Jeffries-buildings—I am quite sure they are the three I saw—I know Judge's house—it is a lodging-house—I cannot say whether it is a house of accommodation—I have only been on the beat a short time—Tappin has been on it longer that I—I have seen people go in—I did not take particular notice whether they were prostitutes—I was only on the beat five of six times—I cannot swear that I have seen women of the town go in there.
Cross-examined Q. How long have you been on the beat? A. Some time—Judge's house is a lodging-house—I have not seen prostitutes and men go there—sometimes I have seen men go in, and women too—I have not seen prostitutes go there to my knowledge—the Almonry is full of prostitutes, but I think there is no brotbel in Jeffries-buildings—I am only on the beat occasionally.
MR. WILLIAM WADHAM COPE. I know this to be Mr. Broderip's writing—( read)—"The prisoner Johnson say, 'They have given a false statement altogether, for I know the parties who did do it; I was in company with them on Sunday, and they told me what they had done on Saturday night; the policeman came to me; I can state the names of the parties; the constable knows them well.'—The prisoner M'Fell, says, 'I am innocent.'—The
prisoner Stevens, says, 'I am innocent; I don't know what I could do in such a case as this."
Johnson's Defence. On the 3rd of Oct., I was at the Nag's Head, in Tothill-street. A person was talking to me about what had been done on the Saturday night previous—in five minutes the policeman tapped me on the shoulder, and asked me to go to the prosecutrix's house—when we got there she said we had kicked her, and robbed her—we went to the station, and she gave us in charge.
Stevens' Defence. I was drinking with two or three more young men; the policeman came in and took us.
John Hawker, carpenter, Westminster, gave M'Fell a good character.
JOHNSON— GUILTY. Aged 19.— Transported for Ten Years.
STEVENS— GUILTY. Aged 16.— Confined One Year.
M'FELL— GUILTY. Aged 20.— Transported for Seven Year.
2406. FREDERICK WILLIAMS, alias Parsons. was indicted for berglariously breaking and entering the dwelling-house of William Ashton and others, about 12 in the night, of the 10th of Sept., at St. Pancras, with intent to steal, and stealing therein, 4 1/2 yards of oil-cloth, value 5s.; the goods of William James; and ANN WILLIAMS, alias Mary Mack , for feloniously receiving the same, well knowing it to be stolen, having been before convicted of felony.
WILLIAM JAMES. I live at 34, University-street. Tottenham-court-road. I let the house, No. 9, Southampton-street, Fitzroy-square, in apartments, to Mr. Ashton—it is in the parish of St. Pancras—on Friday night, the 10th of Sept., I lost a piece of oil-cloth from there—I had seen it safe on the Thursday—this now produced is it—it is mine—the people in the house shut the house up—they are not here.
JOHN DEAR (policeman.) On Friday night, about twenty minutes past twelve o'clock, I was on duty in Southampton-street, and saw the male prisoner in company with another man and a woman, not the female prisoner—the female put a latch key into the door of No. 9, and they went in—I waited some time, but seeing a light in the kitchen I thought it was all right, and passed on, the next evening Mr. James told me the oil-cloth was gone—I thought the woman who went in, lodged there—I should know her again.
JEREMIAH LOCHERBY (policeman.) On the 13th of Sept. I took the female prisoner into custody in Brill-row, Somers-town—I locked the door, and took her to the station—I went back again, and found seven keys in the room—three of them were skeleton keys, and one of them opens the door of No. 9, Southampton-street—I found outside the room door fourteen other keys, four of them skeletons—there was linen and flannel there, and a small box of tools—I took the male prisoner on the 15th of another charge—I told him I took him on suspicion of being concerned with the female prisoner in taking some oil-cloth—he said he knew nothing about it—on the way to the police-court he asked me how long the female prisoner had been in custody—I said I supposed he knew as well as I did—he said, no he did not—I said, "You know very well what she is"—he said, "I know she is a thief."
and then he said, "What shall I be good for after this? who do you suppose will employ me? and if I want to get married to a respectable young woman, who do you think will have me?"—on the 16th I again searched the room, and found a small box with fourteen duplicates in it; and on the 18th, at the police-court, when I went to the cell to speak to him, he said, "These duplicates you found in the box are all square; they relate to shirts and handkerchiefs, things I pledged when I came home from sea"—I knew the male prisoner before—he lived with the female—I am quite sure I have seen him at her house.
(The prisoner Williams put in a written defence, starting that she had always got her living honestly by shoe-binding, and that she had been entirely led into this)
FREDERICK WILLIAMS— GUILTY. Aged 28
ANN WILLIAMS— GUILTY. Aged 20.
Transported for Seven Years.
(There were three other indictments against the prisoner)
MR. ROBINSON conducted the Prosecution.
BAMIN ROBINSON MARSHALL. I am clerk to Mr. Robinson, of Little Britain. On Thursday, the 7th of Oct., Mr. Palmer came with a pany and chaise—the prisoner was with him—it was represented as Mr. Palmer's property—it was sold—the prisoner and Mr. Palmer came next morning—they were told that Monday was our pay-day, but if it was not convenient to some a written order would do—the prisoner came on Monday morning, about ten minutes past nine o'clock, and presented this order for 11l. 4s. 6d.—I gave him the pen, and he receipted it—we have since paid Mr. Palmer the amount.
Prisoner. Q. When you came to me on Thursday morning, at Mr. Aldridge's in St. Martin's-lane, did you not ask me to go to Mr. Robinson's with you? A. No, I did not—I swear positively the order is not my writing-the signature, "William Palmer," at the bottom, is my writing—that was signed for the satisfaction of Mr. Robison, to show that the other was not my writing—I am a plumber, painter, and glazier, at No. 28, Austin-street, Upper Baker-street—I have lived there two years, and in the neighbourhood about nine years.
JAMES WEBSTER JONES (policeman.) I took the prisoner into custody, and told him it was for obtaining money from Mr. Robinson by false pretences—he said it was a bad job, it could not be helped, and not to make a noise, but to take him away quietly.
Prisoner's Defence. The order is not my writing; I know nothing about it, no more than that Mr. Palmer gave it me.
GUILTY of Uttering. Aged 28.— Confined Nine Months.
MR. METCALE conducted the Prosecution.
HENRIETTA REDFORD. On Friday night, the 22nd of Oct., about twelve o'clock, I was in a public-house in Whitechapel-street, with my husband. I saw the prisoner there—my husband left, in consequence of missing a ring off his finger—as soon as he was gone out, one of the women was going to leave—I said, "Stop a minute, my husband will be back with a policeman, and perhaps you will have no objection to be searched"—I went to the threshold of the door, and she struck me—I fell, and the prisoner came and thrust his hand down my bosom, to take my watch from me—I grasped his hand, and tried to raise myself up, and he kicked me at the side of the temple—I fell down again, with the pain, but I held his hand till I rose myself up, and found the policeman at my elbow—the prisoner did not succeed in getting the watch—he put his hand in twice, and caught hold of it the second time, but I held it till the policeman came up.
Cross-examined by MR. O'BRIEN. Q. What is your husband? A. He works at his father's a tallow-chandler's—I was married before, to a man of the name of Richardson—I think he is dead—he was transported five years ago—I do not know what for, I was not living with him at the time—I have been married a second time, eighteen months—I was in custody once myself for stealing, and was transported—I had four years and a half in prison—I have been in service since—I was never prosecuted by my sister—I was once a witness against my sister here, and she was acquitted on my evidence.
JOHN RIDDLE (policeman.) I heard violent screams of "Murder!" across the Whitechaple-road, and when I got up, the prosecutrix had hold of the prisoner—she was bleeding, and gave him into custody for stealing her watch—on going along she said he had attempted to steal it, and had knocked her down and watch, that—the prisoner said he had not kicked her, or touched her watch, that she was fighting in the public-house with another woman, and he was endeavouring to separate them.
Cross-examined. Q. How many were there in the public-house? A. I do not know, I did not go in.
GUILTY * of an Assault.— Confined Six Months.
HARRIET WARD. I am the daughter of the last witness. He gave me his watch on the 10th of Oct.—the prisoner came on the 12th, between three and four o'clock, to visit me—I had seen the watch safe before, and she had it in her hand about six o'clock to look at the glass, which was broken—I missed it ten minutes after she went away—there was no other person in the house but her and me.
Prisoner's Defence. They did not bring this child until my third hearing;
she then said she saw me put something down my bosom, she did not know what.
GUILTY. Aged 26*.— Confined Six Months.
2410. CATHERINE HENNESSEY was indicted for burglariously breaking and entering the dwelling-house of Francis Cain, about eleven in the night of the 26th of October, at St. Leonard, Shoreditch, with intent to steal, and stealing therein 4 pairs of boots, value 16s., his property.
FRANCES TURNPENNY. I am single, and live at Mr. Cain's, 55, Holywell-lane. About eleven o'clock on the evening of the 26th of Oct. I saw the prisoner kicking at the side door, and when she found she got no answer there, she came to the front door—I looked out of the front room window—she kicked the door open, and went in—I did not see her come in, but I heard her after she was in—some persons came round the door, and she swore at them—I saw her come out afterwards, and then she went away—she was afterwards taken into custody.
JOHN HENNESSEY. I live at No.55, Holywell-lane, and work for Mr. Francis Cain, a shoemaker. About half-past eleven o'clock on this night I came up to the door and saw Turnpenny and my mother standing at the door—they told me that the door had been burst open—I went after the prisoner and took her, and found a Clarence boot on her—it is my master's property—this is it—I had seen the boots safe at nine o'clock—I and my master's brother left them safe.
JOHN SMITH (policeman.) In consequence of information, after taking the prisoner into custody, and finding one boot on her, I went to her lodgings in company with the landlord—on going into the back yard there was a pair of boots in the water closet, and two pair and a half in basket in the adjoining yard—the one boot in her possession corresponded with the odd boot—the prosecutor's house is in the parish of St. Leonard, Shoreditch.
Prisoner's Defence. They are my property—I was going to my brother-in-law's place at the time the witness came up—it is my daughter-in-law that lives in the place; I was very drunk.
GUILTY. Aged 44.—Recommended to mercy by the Prosecutor.— Confined Four Months
2411. WILLIAM LUCK and ROBERT WATTS were indicted for a robbery together upon Sheik Adsgil, putting him in fare, and stealing from his person, and against his will, 1 handkerchief, value 3s.; 1 half-sovereign, and 10 shilling, his property.
WILLIAM CLAY. I live at No. 10, Queen-street, Poplar. On Sunday night, the 18th of Oct. I went into the Black Horse public-house, High-street, Poplar, to look for my father, and saw the prisoner Luck and the prosecutor, Sheik Adsgil, there—I then saw a man named Carty throw the prosecutor on a from, and Luck put his hand into his bosom, took out a handkerchief with money in it, and gave the money to Watts—the prosecutor had said, when they were all there together, that he had a half-sovereign in gold, and ten shillings in silver, and Luck said, "Stand some gin"—he afterwards led the prosecutor out, and said he would find the man that had got his money—he took him as far as Coombe's. then caught him by the throat, threw him down, and ran away.
Cross-examined by MR. BALDWIN. Q. How long had you been in this
public-house? A. About a quarter of an hour—I had never seen the prosecutor before—he gave his name at the Thames police-court—I knew the prisoner very well—I did not run away, because I had no hand in it—I knew nothing of it before it took place—I did not hear any of them say anything about it, before I saw Luck put his hand in the prosecutor's bosom—he gave the wink to Watts—I heard Watts say nothing before—I heard the prosecutor say he had ten shillings and half a sovereign in his handkerchief—he gave Luck one shilling for some gin.
THOMAS WATKINS , (policeman.) I took Watts into custody, and told him I wanted him on suspicion of robbing the Lascar—he said, "Well, I suppose I must go"—on the way to the station he said, "There were more in besides me"—I said, "I know there was"—he said "Luck was, and Carty, and a young man named Thompson."
Cross-examined. Q. Did he say anything about Clay? A. No—I had said nothing to him before he said this—it was voluntary, in going to the station.
CHARLES WYKES (policeman.) I heard a cry of "Stop thief!" and ran up the street after Luck—I lost sight of him for about five minutes, and found him in High-street, Poplar, looking on the pavement—I asked if he had lost something—he said, "Some halfpence"—I said, "You are the man I was looking after, that ran away for robbing the black man"—he said, "I ran away because I was in danger of my life, but I did not rob him."
WILLIAM CLAY re-examined. I heard the prosecutor state his name before the Magistrate and at the station-house besides—Luck heard it at the station-house, and Watts did the police-court—it was "Sheik Adsgil."
MR. BALDWIN. Q. You know something about the language and habits of these people? A. Yes—Sheik is a religious name, the same as Peter or Paul.
LUCK.†— GUILTY of Larceny.— Confined Six Months.
WATTS.— NOT GUILTY.
NEW COURT—Monday, Nov. 1st, 1847.
PRESENT—Mr. ALDERMAN GIBBS; Mr. ALDERMAN WILLIAM HUNTER; Mr. ALDERMAN CHALLIS; and EDWARD BULLOCK, ESQ.
Fifth Jury, before Edward Bullock, Esq.
GUILTY. Aged 18.— Transported for Seven Years.
2413. JAMES FROSTICK was indicted for stealing 2oz. of tobaccos, value 9d.; 10 pence; and 6 half-pence; also, 8 cigars, 1s.; and 1 box, 9d.; the property of Joseph Collins, his master; to both which he pleaded
GUILTY.— Confined Three Months.
GUILTY.— Transported for Seven Years.
GUILTY. Aged 17.— Confined Three Months.
GUILTY. Aged 51.— Confined Four Months.
GUILTY. Aged 24.— Confined Twelve Months.
GUILTY.— Confined Twelve Months.
GUILTY. Aged 19.— Confined One Months.
GUILTY.— Confined Six Months.
SARAH CLARK. I am the wife of Benjamin Clark, a butcher, at Tottentam. The prisoner was in his service about five years; he had to deliver meat, and to receive money, which he was to bring home, and pay to me—I always enter it in the book—Mr. Neville is a customer of ours.
Cross-examined by MR. PAYNE. Q. Is the book here? A. Yes, the ledger is—I enter accounts in the day-book, and then in this ledger—I keep the books and the bills—my husband attends to the business—he receives money when I am not present, never when I am—he is not here—if he had received this money I should have known it—my brother is also in the shop, and receives money of the customers—he is not here—I have not received this money of the prisoner—the day-book is not here.
ANN CORNWALL. I am cook to Mr. Neville, of West-green, Tottenham, he deals with the prosecutor. I paid the prisoner 1l. 11s. 5d. for meat, on account of Mr. Chalk, from Aug. the 16th till the 21st—I paid him afterwards 1l. 0s. 10d. for Mr. Chalk, and after that 1l. 13s. 4 1/2d.—I saw him receipt all the bills.
WILLIAM HOLLAND (policeman, N 146.) I took the prisoner into custody—I told him he was charged with embezzling 29l. 9s. 5d., and 7l. of his employer—he said he had spent it—in going to the station he said, in two or three weeks he thought he could make it up, and he begged his master not to let him go to the station—he did not say he had paid his master, or any one else.
Cross-examined. Q. Where did this conversation take place? A. In going to the station—this master gave him time to make up the 29l., therefore I said that might be a debt, and he is only indicted for these other sums.
GUILTY. Aged 29.— Confined Six Months.
MARY ANN WAREN. I am single. On the 25th of Sept., about two o'clock in the afternoon, I was in the Queen's show-room at the Custom-house—I saw the prisoner close to me—I detected his hand in my pocket and laid hold of him—I saw him pass something to a man standing behind—I then discovered that I had lost my purse containing two sovereigns, one half-crown, two shillings, and a sixpence—I have never seen it again.
Cross-examined by MR. PAYNE. Q. Where do you live? A. In Providence-row, Walworth, with my mother, who is independent—she supports me—I was at the Custom-house to see the goods on show—there were a good many people there—there were some musical boxes playing—the prisoner was standing close to me—I had several female friends with me—they are not here—one of them did not tell me that the prisoner had not taken my purse—they certainly told me to search my pocket—the officer searched, or pretended to search, the other man who received something from the prisoner—he did not search him—I do not call a man throwing open his waistcoat, and saying, "I have got nothing," searched—I laid hold of the prisoner and the other man too—the officer found nothing—they would let him go, they did not properly search, not as I would have done—I know my purse had been in my pocket a few minutes before I caught the prisoner—I was not going to buy anything—there was nothing for sale that day—my friend did not search in my pocket to see if the purse was there—I searched in my pocket—I believed the prisoner handed something to the other man, but I was not positive it was my purse.
COURT. Q. Did the other person get away? A. No—I gave him is charge—they searched him and let him go.
Cross-examined Q. What officers are in attendance there? A. A great number of weighers—I dare say there were upwards of twenty officers—I do not know who searched the other man—I did not ask, nor I did not hear—a foreign gentleman came to me said, "You are wanted in the Queen's warehouse," and I went and took the prisoner.
GUILTY. Aged 19.— Confined Six Months.
JOHN HEYLEN. I am a cow-keeper at Paddington—the prisoner was my cow-boy. On the 14th of Oct., as I was rather short of milk, I gave him 3s. to get some at Mr. Higgins', in North-street, Lisson-grove—I did not see him for a couple of days afterwards—he was discharged the same morning—I went to Mr. Higgins' the same afternoon.
Cross-examined by MR. O'BRIEN. Q. You discharged him the same morning he had the money? A. Not for three hours afterwards—I told him
to pay for the milk when he got it, as they usually do—I did not tell him so that morning.
COURT. Q. Did he say anything to you afterwards about the money? A. Not a word—I saw him again on the Monday night, afterwards—he then said he had paid the 3s. to Mr. Higgins's son.
WILLIAM HIGGINS , Jun. My father is a cow-keeper in North-street, Lisson-grove—I did not see the prisoner take the milk from my father's, but I saw him bring the empty pails back—he did not pay me any money—I was in the kitchen washing my hands—he generally used to pay me, but he did not that day.
Cross-examined. Q. Where was the milk? A. In a little dairy—my mother came out of the dairy as the prisoner brought the pails back—she is not here.
WILLIAM HIGGINS , Sen. I saw the prisoner come for the milk—the amount of it was 3s.—he did not pay me that day—he never paid me—my son used to measure the milk out for him—I met the prisoner going from the door when he came for the milk.
MR. PARNELL conducted the Prosecution.
CHARLES FILT. I am a lard-manufacturer, in Suffolk-place, Hackney-road—the prisoner was in my service for about four months, to superintend the business, and take charge of the factory—he lived in a cottage on the premises, rent free—on the 1st of Oct. on going to the premises, I saw drops of fat, form a vat in the factory which contained liquid fat, from the factory door to the cottage door in which the prisoner lived—I pushed the cottage door open, and found more spots on the cottage floor—the prisoner was not there, his wife was—I made a search and found six or seven vessels which contained the same sort of fat as was in the vat—while I was doing that, the prisoner came in—I asked him how the fat came there—he said be brought it in for his own use—I sent for a policeman, and in the interval the prisoner said, "I hope you will forgive me"—his wife was present—she said, "I hope you will forgive us both"—there was 23lbs. of fat altogether in the pans in the cottage, in the gross state, but the weight of the fat only was about 14lbs., worth 7s. or 8s.—the prisoner had no right at all to take fat for his own use—he had 18s. a week and firing, and the cottage to live in—he said he took this fat from the vat.
Cross-examined by MR. PAYNE. Q. How long had he been in your service? A. About four months in the service of myself, and with my father about two years—he was not allowed to take fat to fry a bit of fish, or for other domestic purposes—if he wanted any he was to ask me for it—he had no right to take any at all.
THOMAS O'BYRNE (policeman, K 44.) I took the prisoner at the cottage—I found all the fat there—I asked him how it came that the vessels of fat were there, he did not seem to understand what I said, but I believe his wife said it was for her own use, or their own use, I cannot say which.
GUILTY. Aged 23.— Confined Two Months.
HENRY JOHN WALKER. I live in Oval Cottages—the prisoner was in my service. On the 9th of Oct. I brought home a case of lead pencils—I placed them on a piano, in the sitting-room—I missed them, and on the 10th of Oct. I sent for the policeman—I went to the prisoner's bedroom, and saw her boxes; one of them was locked, she unlocked it in my presence, I found in it two half-handkerchiefs, four pairs of gloves, and some mousselin-de-laine—they were my property—I asked how she accounted for their being there—she said nothing—I found a cap in another part of the room, which I also know to be my property—these are the articles—I gave the prisoner in charge.
HENRY ALFRED STAMMERS (policeman, K 315.) I was called to the prosecutor's, on the 10th of Oct.—I went into the prisoner's bed-room, and saw these things found in the box—she pulled them out herself—she made no statement about them.
Prisoner's Defence I am quite innocent; the old gloves my mistress gave me to do my work in; the old handkerchiefs were about the room, and I used them as dusters; the old muslin I meant to wash for the rag-bag; the cap was lying about the room; I have been in service ever since I was nine years old, and never had such a charge laid against me.
COIGNET pleaded GUILTY. Aged 18.— Confined One Month.
FREDERICK CHARLES POW. I am clerk at the Model board-and-lodging house, in Glasshouse-yard—Coignet was there for five or six nights—he left on the morning of the 25th of Sept.—after he left, I missed six leather bed-covers from the ward in which he had been sleeping—I afterwards went to the station, and this bed-cover was brought there—it is the property of Russell Gurney, and others, the proprietors of the lodging-house.
Cross-examined by MR. PARNELL. Q. This you call a bed-cover? A. We use it for that purpose—we value it at 7s. when new.
JOHN HENDERSON (policeman, 174 H.) The prisoner Coignet was put in my charge—I went with him to Crawley's, in Rosemary-lane—it is a shoe-maker's shop—Crawley was in the shop—I asked him if Coignet had brought a skin there—he said he had—I asked him to show it me; be brought out this leather bed-cover—he said he gave Coignet 4d. for it—I went with Coignet to the station; Crawley followed me—I did not find say other skin at Crawley's—I did in another place—Coignet told me he had sold one to Crawley for 4d.
Cross-examined. Q. Crawley is a shoemaker? A. Yes; he purchases second-hand shoes—I have made inquires about his character, which have been very satisfactory indeed—I would not buy this cover for anything but to make an apron of it—I would not give more than 1s. 2d. for it.
ROBERT BOWIE. I am one of the proprietors of the Model lodging-house, with Mr. Russell Gurney, Robert Bowie, senior, and other friends of Mr. Gurney—I purchased this bed-cover for the use of the house, about ten months ago.
Cross-examined. Q. It has been in constant use ever since? A. Yes;
they last four or five years—we had twenty-four of these, and paid 7s. 6d. each for them.
CRAWLEY— NOT GUILTY.
JOHN ROBERT FOULGER (City policeman, 89.) On the 25th of Oct. I was employed by the prosecutors to watch the prisoner, who was their carman—I watched him from their warehouse to Fleet-street—he delivered goods at two places—he afterwards got to Stanhope-street, Clare-market—he stopped at the end of Stanhope-street—he untied a parcel of tobacco, took some out, and placed it at the bottom of the cart—he tied the parcel up again, and went and delivered some in Clare-street—I followed him to King William-street, Strand; he stopped there, and took some more out of a parcel, and placed it at the bottom of the cart—he went to Great Newport-street; he there untied a parcel, and took some more out; he at last got to Great Warner-street, Clerkenwell, he stopped the cart opposite a public-house, and went over to 29 1/2, which is a chandler's-shop, taking nothing with him; he stopped a few minutes, and then came out and took this bundle from about the same place, in the bottom of his cart where I had seen him put some tobacco—he crossed over to the chandler's-shop and took the bundle in—he was coming out again, and I stopped him, and asked him what he had put on a shelf there (I had seen him put the bundle on a shelf)—he made no answer—I asked him again, and I went and took the bundle down—he said it was tobacco; he had bought it, and he had left it there for some friends in the country—I told him I should take him into custody—he said, "For God's sake don't do that; if you lock me up I shall get discharged, and perhaps get six months for it"—I took him to the station—this is the bundle I saw him put on the shelf in the shop—I saw him deliver some parcels of tobacco, it Rider's-court, Leicester-square, that was directly after he had taken some tobacco out in Great Newport-street.
Cross-examined by MR. PAYNE. Q. Did he not say he had a wife and family? A. Yes—I was in plain clothes—I do not know anything of him—his wife is outside—I searched his house, but found no property—I do not know that one of his children is subject to fits.
JOSEPH MICHALSKI. I am a tobacconist, and live at No. 21, Rider's-court, Leicester-square. On the 25th of Oct. the prisoner delivered some tobacco at my place—it is generally brought in one large bag, with smaller bags inside, which I generally order on Saturday—I took the small bags from the large one on the 25th, and put them by, as I had plenty of stock from the last week—on Thursday, the 29th, Mr. Rippon came and weighted the bags—one bag of shag was nine ounces and a half short of weight, and another which was bird's-eye, wanted two ounces—the other bags were full, and as usual, overweight.
ABRAHAM CROFTON RIPPON re-examined. I was present when Mr. Michalski weighed the tobacco—there were two ounces deficient in one parcel, and nine ounces in another—the policeman was likewise present—the tobacco was weighed at my premises, as is usual, in the scale—two persons see the weight of each parcel, and the weight of it is marked outside the bag at the time it is weighed—the prisoner had been with us about six months—he had no
authority to part with any tobacco on the way—it is put into separate canvas bags—he was not allowed any for his own use—it used to be customary to allow the men some; but some years ago we had to prosecute several men, and we now allow each man 6d. a-week to spend as he pleases, instead of giving him tobacco—this tobacco produced by the policemen is similar to our manufacture—we cannot swear to it.
Cross-examined. Q. Did the prisoner come from Mr. Stone to you? A. I cannot exactly recollect—we had a character with him—he had 1l. a week, and 6d. for tobacco.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the prosecutor.— Confined Three Months.
GEORGE ATKINSON. I am foreman to Mr. James and Mr. David Boyd, of Marylebone. The prisoner was in their service—on the evening of the 7th of Oct., I saw the prisoner come out of the shop—he appeared to have something round his body, under his jacket—I followed him to a marine-store shop, in Southmoulton-passage—I looked through the window, and saw the marine-store shopman bend this lid, and throw it under the counter—it is a copper soup pot-cover—I went into the shop, and asked the prisoner to come with me to Mr. Boyd's—he asked me to forgive him—I told him I could not, he must come back to his master—the lid was given into the constable's hands—this is it, it is my master's property, worth about 3s.—I can swear to it by the private mark—when the store shopman gave up the lid, the prisoner ran away with it—Iran and overtook him—I found an officer in Oxford-street—the prisoner asked the officer and me to let him go—I gave him to the officer, and told him to bring him back to Mr. Boyd's—he no away a second time, and I caught him and gave him to the officer again—at the time I saw the prisoner, I said to him, "What do you do here with this lid?' and he said, "O God forgive me, God forgive me," and then he said be found the lid in the rubbish."
Cross-examined by MR. PAYNE. Q. Are you the only person here from the firm? A. Yes—I was shutting up the shop when I saw the prisoner come out with something round his body—I left the shop, and went to the marine-store keeper's—I was not told to watch the prisoner—I went of my own head—I know this is a kettle-lid—it is termed so in the trade—the prisoner was a bricklayer's labourer—there was some rubbish there—Mr. Boyd has a son in the business—I do not know of any other partner.
JOSEPH GILBERT (policemen, D 177.) I saw the prisoner and Atkinson together, in Oxford-street—Atkinson spoke to me, and the prisoner said, "For God's sake let me go," and ran away—Atkinson overtook him, and took him to his master's shop—the prisoner had this lid in his left hand, and he gave it to me—he said he had found it in the rubbish in the cellar where was at work.
(The prisoner received a good character.)
GUILTY. Aged 28— Confined One Month.
2429. JOHN KNIGHT was indicted for stealing 1 coat, value 2l., 1 pair of trowsers, 10s.; 2 waistcoats, 7s.; 1 pair of braces, 1s. 3d.; 1 handkerchief 1s.; and 1 pair of gloves, 3d.; the goods of George James Mattocks.
GEGORGE JAMES MATTOCKS. I lived at my mother's in Circus-street, Marylebone. On the night of the 23rd of Sept., I went to a chest of drawers in my bedroom, and took out a coat, and locked the drawers again—I left in the drawer a coat, two waistcoats, a pair of cloth trowsers, and other things—I did not sleep there on that night—the next morning I was sent for, I went to the bedroom, my mother told me my things had been stolen—the drawer was open, and appeared to have been forced—I missed a coat, and two handkerchiefs which I had left in the drawer the day before—I missed my trowsers on the Sunday, and a pair of braces were on them—the gloves were in the coat pocket—on Monday the 27th, I was called to the station, and saw is a prisoner—my braces were on him—I am quite sure they are mine—there is a little place where I stitched them myself—I believe these to be my gloves, but I have no particular mark that I can swear to—the order things I have not seen again—I am quite sure the braces were on the trowsers.
Cross-examined by MR. PARNELL. Q. When had you worn these braces? A. On the Sunday previous—I saw them on the Monday, when I put them away—I am prepared to swear that these braces were on the trowsers—this is the work on them—this one was originally joined to the other brace—these gloves I do not swear to—I believe them to be mine from the wear of them—these other gloves the officer found at the prisoner's lodging—I believe there are lodgers in the next room to where I lost my things from—there are two rooms on the first floor, one of them was mine—Mrs. Tapp has the room next to mine—she has her daughters and another young woman there—I believe one of her daughter bears a bad character—I believe the prisoner was acquainted with her—I never saw him before to my knowledge—Mrs. Tapp's other daughter bears a very good character, I do not know the young woman, I have heard she is a servant out of place—I am a French-polisher.
REBECCA BRUCE MATTOCKS. I am the wife of George James Mattocks. On that Friday, about eleven o'clock in the forenoon, I saw the prisoner come in at my street door; I concluded he had gone up stairs—he came out again and went away—his body was enlarged, and I concluded he had been to take washing away—I saw a string hanging down—I went up stairs into the room where my son had slept, and observed the drawers were open, and his best clothes were gone—I called to a person who is in Court to run after the prisoner, and she took a wrong direction—I saw the prisoner when he was apprehended, and knew him again decidedly—I had not known him before I am sure I am not mistaken in his person—these gloves are my son's—I sewed the thumb of them.
Cross-examined. Q. Which is the thumb? A. I cannot exactly say that you can see my work—I have lived in that house thirty years—I have been in the habit of seeing the washing of the other lodgers go away—it does not generally go away wrapped round a man's body—I saw a string hanging down at the opening of his coat-tail—I was in my shop—my husband is a broker and appraiser—my lodger's room is over the shop, on the first floor—I have only one lodger, Mrs. Tapp, on my first floor—her husband died in our house—she has kept it on ever since—she has one lodger and three daughters—they have not a good many visitors—there is not a man comes there once in three weeks—Mrs. Tapp's daughters are shoebinders, and work at the next door—I have a lodger in each room on the second floor—one is a smith and his wife, the other is Miss Prendergast; she is an invalid, and not capable of getting her own living—I would not aver anything about these
braces—the man who came, had no occasion to knock—I was cleaning my door and passage—no person would walk up stairs without it was minister—a person who came for linen would not walk up.
SELINA HARRIS. I am the wife of James Harris, and lodge at No. 31, Circus-street. About eleven o'clock, on the morning of the 24th of Sept., I saw the prisoner—he stumbled up the stairs—I went up—I afterwards saw him standing against George Mattock's bedroom door, putting something in his right-hand coat-pocket—I observed his person, and saw his face and his coat—I observed that he was much stouter then when he went up—I did not see him come down—I did not see him again till he was at the station—I did not know him the first moment, but when he turned round I knew him; I knew him when he put his hat on—I am sure he is the man.
Cross-examined. Q. What coat had he on? A. A blue coat and broad pockets—he was standing at the room-door, putting something into his pocket—he looked paler and stouter then than when I saw him before—he was very pale at the time—I did not see any strings—I had not see him before—I had never seen any of the lodgers in that part—the street-door is on the latch—visitors always knock—they knock twice for the second floor.
GEORGE HIMBURY (police-sergeant, D 12.) On the 27th of Sept. I was called to Shouldham-street—the prisoner was given into my custody—I took him to the station—I went and saw Mrs. Harris—she went with me to the station—she did not know the prisoner at first, not till I turned him round—the prosecutor was there—he said he had lost a pair of braces and a pair of gloves, beside what he had told me of before—I asked him what sort of braces—he said a brown pair—I then unbuttoned the prisoner's waistcoat, and he had these braces on—the prosecutor showed me where he had mended them—I went to a house in Kilburn-lane, where the prisoner's wife lived—I found these gloves there—the prisoner said he never was in Circus-street in his life.
Cross-examined. Q. I suppose the first thing you did was to examine the trowsers? A. I examined the trowsers and waistcoat—they were not the prosecutor's—I then found the braces on him—Mrs. Mattocks identified the prisoner at the station—he was the only prisoner there—I turned the prisoner round, and Mrs. Harris identified him—she said she would fetch some more—she fetched Mrs. Mattocks, who was quite certain of him.
CATHERINE TYLER. I am the wife of Joseph Tyler. The prisoner was employed to wash at my house—she came on the 19th of Oct., and was there all day—when she was going home I said I had given her eight table-cloths—the said she knew nothing of it—I said I had given her eight table-cloths in the wash, and she had brought back but seven—I asked her to help me to look for it—she said, "Search me"—I said, "If you are willing to be searched I will help you"—I found this table-cloth at the back of her clothes, under her petticoats, and these two pieces of soap were in her pocket—I can speak to them—they are my cutting.
Cross-examined by MR. PAYNE. Q. Are you quite sure this was about her person? A. It was; she pulled off her gown and petticoat and said, "It is not on me"—it fell down—I am quite sure it was on her person before it got on the ground—her husband is a journeyman hatter—she has one child.
(The prisoner received a good character.)
GUILTY. Aged 22.— Confined One Month.
SAMUEL GALE. I am an ironmonger, in Oxford-street. On the afternoon of the 22nd of Oct. I was in Drury-lane—I was told something, and missed my handkerchief from my coat-pocket—the prisoner was pointed out to me—he was walking along—I cried, "Stop thief!"—he ran away, and dropped my handkerchief—I picked it up—this is it—I did not lose sight of the prisoner—the policeman stopped him—I am sure he is the same person.
Cross-examined by MR. PAYNE. Q. What time was this? A. About three o'clock—the prisoner was about three yards from me when he was first pointed out—I am quite sure he dropped the handkerchief—he was stopped in Broad-street, from 50 to 100 yards from where I was first spoken to—he was in the arms of the policeman before I picked up the handkerchief—he dropped it very shortly before he was stopped—there was a cab between me and the prisoner, but it was at a great distance—it did not impede my sight at all.
JANE BROOKMAN. I am the wife of Isaac Brookman, of the Victualling-office at Somerset-house. I was in Druary-lane—I saw the prisoner take the handkerchief from Mr. Gale's pocket—I told Mr. Gale—I am quite sure it was the prisoner.
Cross-examined. Q. Did you see him stopped? A. No—I saw the handkerchief thrown away—I was a very short distance from Mr. Gale when it was taken.
GUILTY.* Aged 20.— Confined Twelve Months.
MR. CROUCH conducted the Prosecution.
WILLIAM HALLOWS. I am landlord of the Builder's Arms at Kenesington—the prisoner was my pot-boy for three or four months. On the 13th of Oct. I wanted him to take a letter to the post, and went out of the bar to call him—he came up the stairs which lead to the cellar and the kitchen, with a half-gallon tin can under his arm—he went and put it in the pot-house, locked it, and put the key into his waistcoat-pocket—he went out, and I went to the window of the pot-house, hooked the can up with a stick, and found in it a pint of gin—there was another can in the pot-house, which was a two-gallon can—the prisoner had no occasion to have gin in a can of this kind—it is used for ale or porter—he had no access to my cellar—the keys were in the bar—he could not get in without a false key—he was not allowed to go and get gin out of the cellar—I and my son go to get it—the kitchen is down stairs, in a line with the cellar—I did not hear any door locked—he did not answer immediately when I called him—I thought he was in the yard—I called him three times—I sent for a policeman—he took the key from the prisoner and unlocked the pot-house—I did not go into the pot-house—my wife did.
Cross-examined by MR. PARNELL. Q. Is your wife here? A. No, nor my son—my son was at Hounslow at the time—my son is my bar-man—the stairs lead to the beer-cellar, the spirit-cellar, the kitchen, and the coal-cellar—the prisoner had to go to the beer-cellar and to the kitchen, from time to time—I have known him twelve months, he was with Mr. Stokes, who had the house before me, and I took him from his recommendation—the pot-house is across the yard—I did not know of any other key to the pot-house—I was not aware that my son kept one key—my son has been there since—the pot-house door is always open—this was about five minutes before seven o'clock in the morning.
MR. CROUCH. Q. Had you seen that can before that morning? A. I had not—I had four or five of them—he had no right to have it down stairs.
COURT. Q. If he took out gin to sell, did he take it out in cans? A. No, in bottles—I saw him carry this can across the yard.
THOMAS BRADSHAW (policeman 130 T.) On the morning of the 13th of Oct. I was called in by Mr. Hallows—I told the prisoner that his master said he intended to give him in charge for stealing spirits—I searched him—I found the key of the pot-house in his waistcoat-pocket, and 16s. 10d. in silver, and 12 1/4d. in copper—I unlocked the pot-house with the key, and went in, but found nothing there—I took the prisoner to the station—I came back, made further search, and found a bottle of sherry, between the ceiling and the rafters of the pot-house.
Cross-examined. Q. Did you find any more cans in the pot-house? A. I found one more can, which was two sizes larger than this, with beer in it—the prisoner said it was stale beer, and had been there from last night.
GUILTY. Aged 20.— Confined One Month.
2433. GEORGE PAIN and CHARLES PAIN were indicted for stealing 20 spoons, value 4l.; 1 neck-chain, 4l.; 1 pair of sugar-tongs, 5s.; 2 knife-rests, 2s.; 1 pair of nut-crackers, 2s.; and 1 box, 6d.; the property of Margaret Brown.
THOMAS BROWN. I live at 31, Munster-street, and am a baker. The prisoners were in my service and slept in my house, but not on Saturday nights—there was a box of plate in my house belonging to my mother—it was missed on the 6th Oct.—the last time I saw it safe was on the 27th Sept., it was kept on the drawers in my mother's room, which is the first-floor back—on the 5th Oct. I missed 8s. out of my own pocket, and on the 6th of Oct. I missed a silver-watch and chain off my drawers—the prisoner were in my house every day—they could go up the back stairs from the backehouse to the room up stairs.
Cross-examined by MR. HORRY. Q. You have about ten other persons in the house? A. There are some lodgers on the second and third floors, and there are some children—George Pain has been with me twelve months, and Charles about two months—I had no character with them.
MARGARKT BROWN. I am a widow, and live with my son. About a fort-night before I was before the Magistrate, I missed a small deal box from my bed-room, which contained twenty-two silver spoons, a gold chain, some tea-tongs, and nut-crackers—after my son lost his watch I went up to look for my box, and it was gone—I have seen the chain since—this is it—I am quite sure this was in the box.
Cross-examined. Q. Is it gold? A. I believe it is—I know it is the one I missed—it is a chain that my husband bought me some years ago.
in the evening, I went with Mr. Brown to his bakehouse with Hopper—I found Charles Pain there—I left him in charge of Hopper, and went to the Duke of Clarence—I found George Pain there, playing at skittles—I told him I wanted him—he said, "For what?"—I said go to the station, and asked him where his clothes were—he said, "At Westminster"—I said, "You must go you are"—he took his old coat from a bench, and went to the station—I found on him 5s. 5 1/2d., a pair of gloves, a memorandum-book, and a knife—he was asked where he lodged on Saturday nights—he said in Tothill-street, Westminster, in Mr. Dalby's house, but he did not know the number—we went the next morning, and found Mr. Dalby; he showed us up into a room, and showed us a box, in which we found a quantity of clothing, and in a waistcoat-pocket we found this chain which Mrs. Brown has identified as hers.
WILLIAM DALBY. I kept a coffee-shop in Tothill-street, Westminster—the prisoners and a brother of theirs have lodged at my house on Saturday nights for four years—they kept their clothes in a box in the room—I was present when the officers came and unlocked the box—I saw the gold chain found.
Cross-examined. Q. During the time you have known the prisoners you believed them to be honest? A. Yes.
2434. ANTHONY PRESSER was indicted for stealing 1 knife and fork, value 2s., the goods of James Roy; and JANE MAYBANK for feloniously receiving the same, well knowing them to have been stolen; to which
PRESSER pleaded GUILTY.—Recommended to mercy by the Prosecutor. Confined Nine Days
JAMES ROY. I am a paint-manufacturer in Bank side—Presser was in the habit of coming to my house with a blind friend of mine—there were knives and forks about—he came on the 10th of Oct., and after he was gone, a silver spoon and other things were missed—I went to Maybank's shop in White Lion-street, Chelsea, and saw this knife there, which I believe to be mine—I have nothing to swear to it by, but the general appearance.
Cross-examined by MR. ROBINSON. Q. Have you made inquiries about the character of Maybank. A. Yes, she has borne a most honourable character—this knife was in the dripping-pot in the shop, on the counter—it is a very common sort.
ALFRED JOHN SALTMARSH. I met presser with a fork and a knife like this—I took it to Maybank's, and sold it for 4d.—she asked how we came by it, and Presser said he had had it in the house for two years.
MAYBANK— NOT GUILTY.
(There was another indictment against Presser.)
CARTER* pleaded GUILTY. Aged 17.— Confined Four Months. WALPOLE* pleaded GUILTY. Aged 13.— Confined One Month and Whipped.
o'clock in the afternoon, I saw the three prisoners and another in Lower-road, Islington—they went to Mr. Pratt's, a broker, in Mount-row, Liverpool-road—Shepherd and Walpole passed the shop several times, and Shepherd took a metal tea-pot, looked at it for a moment, and then gave it to Walpole, who ran across the road with it to Carter and the other boy—those three then ran away together, and Shepherd ran on the same side as Pratt's shop is—they then joined and went to the Blue Coat Boy—I there saw Walpole give Carter the tea-pot—Withers ran with me—he took Shepherd—Carter ran down the City-road, and I ran after him—while he was running he threw the tea-pot, which was in an apron, into a garden.
THOMAS WITHERS (policeman, N 111.) I was with Randall—I saw Shepherd with a tea-pot in his hand by Mr. Pratt's shop—I saw Walpole run after Carter—they all went away—I went on to the Blue Coat Boy—I saw Carter run with something under his arm—I stopped Shepherd, and afterwards saw Carter in custody of Randall, and the minute before, I saw Carter throw the tea-pot into a garden—I saw a man go over the garden and get it.
EDWARD PRATT. I am the son of Thomas Pratt, a broker, in Mount-row, Liverpool-road—I know this tea-pot—my mother used it for two years, and it was put in front of the shop for sale—we missed it about two o'clock in the afternoon on the 16th of Oct.
Shepherd's Defence. I did not take it at all.
SHEPHERD— GUILTY. Aged 16.— Confined Nine Months.
WILLIAM ALLKINS. I keep a butcher's shop in Whitecross-street—the prisoner was in my employ. On the 6th of Oct. I recollect locking one of my tills—I left another unlocked which had no silver in it—I do not recollect whether it had any copper in it—the prisoner was in the shop at the time I locked the till—my wife and Mark Edwards were there—I went away for about ten minutes, and about half an hour afterwards a person said something to me, and I went to the till and missed a half-crown, which I had taken and put into the till after I came back—the prisoner then went out on an errand, and while he was gone Edwards told me something, and I seat for an officer—when the prisoner came back I called him into the parlour and told him I suspected he had robbed me of half-a-crown—he said he had no money about him but a penny—he was searched by the officer, and one shilling was found on him, and my wifesaid, "I can swear to that, it is bent" the prisoner said he did not know he had it—that was in his pocket, and there was half-crown and 1s. 6d. in his boot.
ELIZABETH ALLKINS. I am the prosecutor's wife—I can swear to this shilling, it is bent—I took it from a person in the shop, and put it in as empty till—it was afterwards gone from the till, and I saw it found on the prisoner.
PETER DIXON. I am an officer of St. Luke's—I found this shilling in the prisoner's pocket, and this half-crown and 1s. 6d. in his left boot—when I found the shilling, he said he had no more, he did not know he had that.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor.— Confined Three Months
PRISCILLA HERD. I am servant to Mr. James Haldane, a tailor in Bond-street—Mrs. Sleaman has his linen to wash—I received from her a basket of linen—it was brought by the prisoner on the 28th of August—there were only seven shirts in it instead of nine, which I had sent to be washed—these are the two shirts, they are my master's.
Prisoner's Defence. I was talking the linen home, a man asked me to give him a ride, which I did, and he stole the two shirts—Mrs. Sleaman said if I would get her the duplicate she would say nothing about it—I saw the man afterwards, and asked him to give me the duplicate, or to send it to Struttonground—he sent it by a little boy.
GUILTY. Aged 18.— Confined Six Months.
(There was another indictment against the prisoner.)
OLD COURT.—Tuesday, November 2nd, 1847.
PRESENT—Mr. Alderman GIBBS and Mr. COMMON SERJEANT.
First Jury, before Mr. Common Serjeant.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
EMMA WAITE. I am daughter of Thomas Waite, of the Spread Eagle, Gracechurch-street. On the 21st of Oct. I was at the tap—the prisoner came and asked for three halfpenny-worth of rum—I served him—he gave me a shilling, I looked at it, thought it was bad, and told my father—he looked at it, said it was bad, and sent for a policeman, who took him in charge, with the shilling—he had been before on the 15th, and asked for half-a-pint of porter, and given me a shilling—I thought it was good till after he was gone, I then put it on the shelf, where there was no other money, until my father came in, and asked him if it was good—I afterwards burnt it—it melted quickly.
Cross-examined by MR. HORRY. Q. Are you sure the prisoner is the man who came on the 15th? A. Yes—I knew him by coming once or twice before.
THOMAS WAITE. I keep the Spread Eagle, Gracechurch-street. On the 21st of Oct. I was sitting in the tap, my daughter called me, I went to where the prisoner was, and she put a bad shilling in my hand—I kept it, sent for a policeman, and gave it him—I had never seen the prisoner before, but eight days before, my daughter gave me a shilling, which was on the shelf—I burnt it, it went away like a piece of paper.
CHARLES BAILEY (City-policeman, 524.) On the 21st of Oct. I was called into the Spread Eagle, found the prisoner, took him in charge, and received this shilling from Mr. Waite—(produced)—I searched the prisoner, and found a good shilling on him.
Cross-examined. Q. This is not a Mint prosecution? A. No, the authorities of the Mint have not thought proper to prosecute it, but the City have—I did not hear of it till last Tuesday.
GUILTY. Aged 37.— Confined Six Months.
JEFFRIES— GUILTY. Aged 24.— Confined Two years.
EDWARDS— GUILTY. Aged 17.—Recommended to mercy— Confined One Year
GUILTY of a common Assault. Aged 68.— Confined Three Months.
MR. HUDDLESTON conducted the Prosecution.
JACOB HENRY BURN. I am a coal-merchant, and live in Great Newport-street. St. Martin's-lane—I knew the prisoner six or seven years ago, when I sold him a ton of coals—I met him in Fleet-street on the 8th or 9th of Sept. last, and asked him how he was then employed—I ultimately gave him leave to get me orders for coals—I told him he was not to collect any money on my account, I particularly told him I would collect it myself—on the 11th of Sept. he brought me an order for two tons of coals, to be delivered to Mr. Sevenoaks, Great Charlotte-street, Blackfriars-road—I have the note here—he told me they were to be paid for in the first week in Oct.—about a fortnight after I made inquiry of Mr. Sevenoaks, and found he had paid the prisoner—I afterwards met the prisoner in Farringdon-street, and told him he had been receiving money from Mr. Sevenoaks for me—he said he had not—I gave him an account of the different people from whom he had received money, and among them I mentioned Mr. Sevenoaks—he said he had not received the money—when given into custody he said, "Pray don't, because if you do I shall be transported."
MARY ANN SEVENOAKS. I received some coals from Hellyer—I never saw Mr. Burn, and never heard his name mentioned—I believe there was a bill or ticket delivered with the coals—it was very much like this one (produced), it was the same sort of thing—I paid the prisoner a sovereign for the coals, because I had ordered them of him—I did not know anybody else belonging
to the coals—about ten days after, Mr. Burn came—the prisoner lodged in our house, and he said, "There will be a bill come here in the course of the day, will you take it in?—I said, "It will come in your name, I suppose?"—he said, "No, it will come in your name, as concerning these coals, but I took your money, and made use of it; I have been disappointed in money, which I thought to make up before now; if you will favour me by saying no more about it, the money shall be left at Mr. Burn's house before the following Tuesday."
Prisoner. Q. Did not I say I owed you 2l.? A. Yes—he said before that he was an agent, selling these coals for Mr. Burn.
Prisoner's Defence. Mrs. Sevenoaks produced a bill of what I owed her; she paid me the sovereign without any false representation at all.
GUILTY. Aged 31.— Transported for Seven Years.
(There were two other indictments against the prisoner, and he had been before convicted of embezzlement.)
ELIZABETH BUCKEE. I live at 21, Coppice-row—the prisoner was in my service—I marked seventeen halfpence, twenty-four pence, and a sixpence—I missed 2s. 8d. in copper, and a sixpence—I have not found the halfpence—a sixpence was afterwards shown me—that is all that has been identified.
—( policeman.) The prisoner was charged with stealing halfpence—I found a market sixpence on him—we could not find the halfpence.
THIRD COURT.—Tuesday, November 22, 1847.
PRESENT—Mr. Alderman WILLIAM HUNTER and EDWARD BULLOCK, Esq.
Second Jury, before Edward Bullock, Esq.
2445. SARAH CHILROY was indicted for stealing 3 table-cloths, value 3l.; and 1 sheet, 5s.; the goods of Reuben Laurence, her master; and MARGARET MORRIS for feloniously receiving the same, well knowing it to have been stolen.
EMMA LAURENCE. I am a laundress, and am the wife of Reuben Laurence, of Douglas-street, Westminster—Chilroy washed for me—I have had the laundry since the 4th of Oct.—before that, William Silman had it—I was his forewoman there seventeen or eighteen years—Chilroy worked there then—these three table-cloths produced are Mr. Wilkin's property, of Morley's Hotel—they were sent to me to wash, and were in my care.
ROBBERT HERLE. I am shopman to Mrs. Reeve, pawnbroker, of Redcross-street—I produce three table-cloths taken in, I believe, of Morris, in the name of Morris—I cannot swear to her—the person had a duplicate.
station. for attempting to pledge this table-cloth in Red Cross-street—it b "Morley's Hotel," marked in full, on it—Herle said, n her presence, that she brought it to pledge, and he detained if—it is the same that Emma Laurence speaks to—she gave her address, 6, Crown-court—I went there, saw Chilroy, and told her Morris was in custody, and I had come to search the place—I searched, and found a box containing two table—cloths, and various other articles, marked "Morley"—Chilroy said that Morris was her sister, and said, "I brought the table cloth from where I work, and sent my sister to pledge if, as we were distressed, and wanted food for the children, and intended to take it back next week"—somebody was coming up stairs—I said, "I suppose you do not want anybody to know there is a constable searching your place"—she made a motion to somebody on the stairs, but I called her in—I went again next day, searched, and found various articles, and eleven duplicates—none of them related to the sheets or table-cloths—when the pawnbroker said she attempted to pledge the table-cloth, Morris did not say anything—the table-cloths were produced before the Magistrate, in the prisoner's presence—this table-cloth was brought to her knowledge when she said she had taken them from the place where she worked, and given then to her sister to pledge—nothing was shown to her at the time she said she took it—I did not take it with me to her house—it was at the pawnbroker's—there was no duplicate of this given—the other two had been pledged previously—Morris said, at the pawnbroker's, that she brought it from Ireland,
ROBERT HERLE re-examined. I do not know who pledged the other two table-cloths—Morris said this table-cloth had been sent to her from Ireland, and afterwards said a party sent her to pledge it, not naming any one—I examined it, found "Morley's Hotel" on it, and told her I should detain it—she left the shop—I followed, and gave her in charge.
THOMAS TYLER re-examined. When I found the table-cloths, Chilroy said, "For God's sake, don't take them away; you will ruin me"—I said, "Be cautious what you are saying, you will implicate yourself"—she went down on her knees, and said, "If you must take them, I will tell you all about it; Morris is my sister; I had the table-cloth from where I work, and sent her to pledge it at Mrs. Reeve's, in Redcross-street, to get the children food, and she said she would get it back the following week"—we did not know at that time that there were other things stolen.
CHILROY— GUILTY. Aged 49. MORRIS— GUILTY., Aged 70.
Confined Twelve Months.
(There were two other indictments against the prisoners.)
WILLIAM BRADDICK. I am a moneys of William Braddick, her prisoner was my servant, and carried about milk for me. On the 19th of Oct., about two o'clock in the day; I saw her in my shop, at the till-drawer—she had do occasion to be there, either to put in or take out—I met her coming away, saw something in her hand, laid hold of her arm, and requested to see what she had got—she wrenched herself from me—I seized her hand three times, telling her she had got something in it, and requesting her to show it me, and said she had been to my till—she turned herself round, put her hand into her bosom, and emptied it, then opened her hand, turned round, and said she
had nothing—I laid hold of her, pushed her into a little parlour, where my wife was, requested her to search her, and left them there—I had marked money previously—my wife said she had found 6s. 10d. on her—the prisoner was then on her knees in the parlour, and so near that she might have heard that—the money found was not marked.
prisoner. My master objected to my mixing his money with mine, so I kept my money in my bosom, and his in my pocket. Witness. I did not object to it.
CHARLOTTE BRADDICK. I am the wife of the last witness. On the 19th of Oct., at two o'clock in the afternoon, I was in the parlour—my husband brought the prisoner in, and desired me to search her—I desired her to strip—she said, "It is useless to do that, I have not a penny about me"—I asked her again—she undid her thing—I took four shilling, three sixpences, and a fourpenny-piece, from her bosom, and said, "Oh, Ellen, why did you do this?"—she said, "I did do it; it is the first time, do forgive me, and I will go to Ireland"—she went down on her knees, and kissed my hand—I said, "Why did you take it?"—she said, "The devil tempted me"—my husband sent for a constable, and gave her in charge—we have been extensively robbed.
Prisoner. You told me Mr. Braddick did not like his money to be mixed with mine. Witness. I never objected to it—the money in your bosom was all loose.
GEORGE PUPLETT (policeman.) I took the prisoner—I found her down on her knees, begging pardon, and asking them to forgive her—as we went to the police-station, she said 18d. was hers, and the rest her master's.
prisoner's Defence. It is false, I never spoke at all; the money in my bosom was mine; I was in the habit of seeing a gentleman two or three times week, who sometimes gave me 10s., and sometimes that money altogether amounted to 6l.; while my mistress was in the country, my master wanted to take liberties with me; I was never near the till at all.
GUILTY. Aged 24.— Confined Six Months.
(There was another indictment against the prisoner.)
JOHN MARTIN. I keep the Old Globe, Mile-end—I have known the prisoner about a month, about my place. On Tuesday morning, the 19th of Oct., I missed between two and three feet of leaden-pipe, which had been attached to my premises to the water-butt—it went along the wall into the kitchen, and was fixed to the hold-fast—one end ran into the butt, and the other into the kitchen—it was safe between four and five 0"clock on Monday evening—I have not seen it since—the prisoner was in and out several times that afternoon.
JOHN WHICHER. I keep a marine-store shop, at Globe-road, Mile-end—I know the prisoner by sight—between seven and eight o'clock, on Monday evening, he came and offered me between two and three feet of leaden-pipe—I examined it—it apparently had been recently broken off, and then put into the mud—I refused to buy it, and said I did not think he came by it legally—he took it away—I have seen the pipe produced, it corresponds with what he brought—he was brought to my shop again next day—I am sure he is the person who came the day before.
my shop on Monday night, about a quarter-past eight o'clock—he pulled out a piece of pipe, about two feet six inches long—it was bent up—he said, "I have got a bit of lead to sell"—I said, "I shan't buy it"—he went away—I am positive he is the man.
ROBERT YOUNG (policeman, K 126.) On Tuesday morning, about eleven o'clock, the prisoner was given into my charge by Mr. Martin, for stealing the pipe—he said he was innocent—I took him to Mr. Whicher, who identified him—I afterwards cut off a piece of the lead which remained in the yard, and Whicher said immediately he was sure it was the same.
Prisoner's Defence. It is not very feasible that I should go into a marine-store dealer's so close at hand; I did not enter their shops; I was in Mileend poor-house at the time; I slept there that night, and they won't take you in unless you are there before eight o'clock.
Prisoner. I know I was at Hicks's-hall; I don't deny it.
GUILTY. Aged 21.— Confined Twelve Months.
HARRLETT GABALLY. I am a widow, and live at Brooker's-buildings, Pittfield-street, Hoxton—I know the prisoner—I was present at his marriage with my daughter, at Shoreditch Church, on Christmas-day, five years ago—my daughter is alive, and has been there to-day.
MARY BARRY. I live at 30, Essex-street, Strand—I know the prisoner. On the 29th of last Dec. I was married to him, at Bloomsbury Church, is the name of Mary Barry—I did not know that he was a married man—Edward Anderson was present.
Prisoner. Q. Was I sober the night previous to the marriage? A. Yes, certainly.
RICHARD WALKER (policeman.) I apprehend the prisoner, and said it was for bigamy—he said, "I am aware of it, I know all about it; I am ready to go with you"—I produce a certificate from Shoreditoh Church, which I have examined with the original—it is a correct copy—(read—"Marriage solemnized at the Parish Church of St. Leonard, Shoreditoh. No. 405. 25th Dec., 1842. William Dennis Dailey, of full age, bachelor, tailor; Harriett Gabally, minor, spinster, dressmaker; married by banna, by me, Edward Watts. William Dennis Dailey, his mark; Harriett Gabally, her mark. The above is a true copy extracted by me. R. KING, Curate.")
Prisoner's Defence. I lived with my first wife, but found it was impossible to control her, and was driven to excess of drink; I was induced to the second marriage in a fit of drunkenness.
GUILTY.* Aged 26.— Confined Twelve Months.
RICHARD BECKETT. I am in the employ of Benjamin Stradley, a poulterer, of Leanenhall-market. On the 29th of Oct., about ten o'clock in the morning, I was standing at the shop-door, and saw the prisoner come down the passage, stand before the shop, take a fowl from the board, put it under her shawl, and walk away—I went after her, stopped her, and she dropped the fowl from under her shawl—it is Mr. Stradley's.
Prisoner's Defence. I did not take it.
GUILTY. Aged 44.— Confined Fourteen Days.
MR. LAW conducted the Prosecution.
SARAH BALLARD. I have been Mr. Colley's housekeeper for seven years—his name is Samuel—he is a cab-proprietor and livery-stable keeper, at No. 8, Marlborough-yard, Marlborough-road, Chelsea. The prisoner came there several times for a foreman's place—at last Mr. Colley engaged him, at two guiness a week—his duty was to take the cab men's money every night, and give it me every morning—some time before July there had been disputes between the prisoner and me, as sometimes he was 10s. short in his account—he suggested to me that the money must be got from the cab men, and he would summon them at the County Court—he said he would make out the books with Mr. Colley, and get them all to the County Court, and get all the money from the cab men—on the 24th of July he applied to me for 1l., to get the summonses from the County Court—I gave him 16s. for that purpose—he said it would cost him 30s.—he has never paid me back—I spoke to him about it when I discharged him.
Cross-examined by MR. BALLANTINE. Q. When did you first charge him? A. I found he had not taken out the summonses within a week after I week after I left—I discharged him on the 31st—I always take all the money and pay all—nothing is bought without me—I mentioned to Mr. Colley that I thought Mr. Crispin had deceived us—he was taken into custody about the last week in Sept.—Mr. Colley was too ill to go out—I did not hear him give that as a resson for not taking the prisoner into custody before.
Q. Between the latter end of July, when the prisoner left, and the third week in Sept., when he was given in charge, was your master in such a state of health as not to be able to go about his business? A. He was given up by the doctors during that time, in Aug.—he was ill several weeks, and unable to get out, but the prisoner had absconded, we could not find him—I was married to a man named Beckenham, and have the certificate in my pocket—we were married twice—I did not say in the yard I wished I could find something out against Crispin, for I would lock him up if I could—I never uttered a threat against him in my life—he went through the books before he left—I charged him in the other Court with stealing three sums of money, but there were thirty sums—the Jury acquitted him—(see page 1246)—I have never gone by the name of Beckenham since I have been in London—many people know me by that name—Mr. Colley did not.
Cross-examined. Q. Did you ever know Mrs. Ballard by the name of Beckenham? A. No—she only lived with me in the capacity of house-keeper—I decline saying whether there was any other connexion between us—I saw her give the prisoner the 16s., he wanted 1l.—I have said that before—it was on the 24th of July, for summonses in the County Court—he was taken in the third week in Sept.—I was too ill to attend to my business, or I should have looked into it before—I was not ill in Aug., but he absconded in Aug.—I kept my bed for about three weeks in Sept.—when I was better I gave him into custody the first time I saw him—I saw present
when he was taken—it was in a beer-shop—I do not know whether anything was said at that time about the 16s.
WILLIAM HENRY BARWICK. I am clerk at the Brompton District Country Court, Sloane-street, Chelsea. I am produce two plaint-books, in which the original plaints of suitors are entered—they begin at the 3rd of April and are down to the present time—I have examined them from before the 24th of July to the present time—there is no entry in which Samuel Colley is plaintiff, or William Crispin either, there are no such names—it is the custom when a plaint is entered to give a plaint-note, that is a voucher—the district of that Court includes Marlborough-road, Chelsea.
Cross-examined. Q. Could he have gone anywhere else? A. Not without a special application to the Judge—I am aware of the practice of other County Courts; they always give plaint-notes, and the amount paid for fees is entered on them.
MR. BALLANTINE called
RICHARD SHERWOOD. I am a farrier, and live in Green-street, Chelsea. I know Mr. Colley and Mrs. Beckenham—she has gone by the name of the Beckenham ever since I have known her, which is a good many years—I remember the prisoner being in their employment—at one time he said that Mrs. Beckenham gave him bad money—after he left I heard her say, if she could get half a chance at him, she would give it him, if she could get a close at him.
Cross-examined. Q. Were you ever in Mr. Colley's employ? A. I worked for him nearly two years—it is eight months ago last Saturday since I left—they told me they could only afford to keep one man, and did not want me any longer—I have been out of Court during the whole of this trial—I have had no conversation with anybody outside about this business, except when a man came and asked me a question, and I told him I knew nothing about it.
DANIEL M'CLOUD (police-sergeant, B 18.) I knew the prisoner in Mr. Colley's employment, and have known the female by the names of Mrs. Colley, Mrs. Beckenham, and Mrs. Ballard—I remember the prisoner leaving—I saw him every day for a fortnight after he left—he did not appear to be skulking out of the way at all—on the night of the 13th of Aug. I was called on by Mr. Colley's housekeeper to take him into custody for defamation of character—she did not say a word about any act of embezzlement or robbery.
Cross-examined. Q. Have you ever had conversation with Mrs. Ballard about the prisoner? A. Not before that night—I recollect once there was a complaint made by a neighbour living opposite Mr. Colley, respecting the cab men bringing women home of a night and making a noise—I did speak to her on that occasion, and hoped she would have it done away with—to the best of my recollection, I never had any conversation with her about the prisoner's character—on the 14th of Aug. the prisoner went to Devonshire, he returned on Sunday, the 5th of Sept., and I saw him every day up to, I believe, the 25th.
MR. BALLANTINE. Q. You knew where he was if any inquiry was made at the station? A. Yes, I knew that he was going some days before he went.
MR. LAW. Q. He comes from Devonshire? A. Yes, and so do I—I cannot say that I saw Mr. Colley during the first three weeks in Sept., but I saw him very frequently in that month—I saw him before the prisoner was given in charge, and in the same month; I saw him frequently in a butcher's shop close by the side of his yard.
known the prisoner twelve months, he was a lodger of mine—I always knew him to be a just, honest, upright, steady man: no one could have acted with greater propriety than he—I knew of his intention to go into the country before he went, and he left his address with me; if any person came, I should have given his address.
Jury. Q. Did Mr. Colley know that he lodged with you? A. I am confident he did—I have seen Mrs. Colley come there—she came there a few days before this transaction took place.
MESSRS. ROBINSON and LAW conducted the Prosecution.
DANIEL MORGAN. I am a cab-driver, and live at No.5, College-place, Brompton. About the 10th or 11th of July, I bought a horse of the prisoner for 2l. 2s. 6d., and gave gun 5s. for himself—he told me he brought the horse from Mrs. Colley.
Cross-examined by MR. BALLANTINE. Q. Is that the custom in the trade? A. I gave him directions previously about two or three horses which were to be sold, and said I should allow him a commission for doing so—I know Mrs. Colley—I always called her so—I did not know the difference till lately—after the prisoner left Mr. Colley's employ, one Saturday morning, Mrs. Colley asked me, if it was true what they had heard about the Excise, that the prisoner had given information against them to the Excise, and threatened to ruin them, and I said I saw Crispin and the Solicitor to the Excise talking together on the subject—Mr. Colley said to Colley, "I will fix him; I will lock him up to-night; I will put him out of the way of the Excise."
GEORGE GRANT. I have driven Mr. Colley's cabs six or seven years, on and off—I was in the habit of paying the prisoner—on the 13th of July I paid him 14s., and on the 14th 15s.—on the 14th he asked me for the money that I owed the day before—he had this book to enter his payments in (produced); but he had a small book as well, that he used to put it in when he came home at night—he told me that he would enter it in this in the morning—on the 14th of July here is an entry of his of 7s. against my name.
Cross-examined. Q. How often have you been a witness for the prosecutor? A. Three times—it was for Mr. Colley—this is the fourth—I have nothing to do with Mrs. Ballard—I have always believed her to be Mrs. Colley—she has not received any money of me of late.
SAMUEL COLLEY. The horse sold to Morgan is mine—I employed the prisoner to take the horse to Mrs. Pomatin's, at Battle-bridge—I am under a contract with her, to have all my worn-out horses—the entry in this book, "No.1173. G. Grant 7s. 14th of July," is the prisoner's writing—it is the book he had of me to keep his accounts in—he only accounted for 7s. that day.
SARAH BALLARD. This is the book kept by the prisoner—he should pay the money to me every day—here is an entry, "George Grant, 7s."—he has paid me that, but has never accounted to me for any other sum on that day.
Cross-examined. Q. Did you inquire at the chemist's for him? I went there the week after he left, and he was in bed—I asked if I could see his wife—he afterwards came down to me—I said, "Mr. Crispin, what have you
done with the money you received to take the summonses out?"—he said, "What I please; summons me; get it how you can."
MR. BALLANTINE called
RICHERD SHERWOOD. I am a farrier. I asked Mrs. Beekenham one morning, if she thought the Slone-street horse's house shoes should be taken off; she said she had sold the horse to Crispin, and told me not to pull the shoes off—as I went up the yard, Crispin came down with two sovereigns, and two half-crowns in his hand, jingling it—after that I went to get some nails, and saw the prisoner drop 2l. 2s. 4d. into Mrs. Beckenham's hand—I cannot say when it was, I think it was in July.
(The prisoner received a good character.)
MR. ROBINSON conducted the Prosecution.
ELIZABETH SARAH ALLSOP. My husband is a greengrocer, at No. 38, Bartholomew-close. In Aug. last I sent some scales, by my little girl, to Mr. Caudle's to be cleaned—I did not go myself; it was several days before I got them home—the prisoner brought them home—I paid for them; but through a mistake, I paid him 7s.; the bill was 8s. 6d.—he did not sign the bill in my presence—I gave him the 7s., and asked him to take it off the bill—he said, no he would take the bill back and get it altered; and when he did, I said I would pay him the 18d., which I did—I paid it him as Mr. Caudle's apprentice—I had to send twice before he came for the scales.
Cross-examined by MR. BALLANTINE. Q. Do you know whose writing this receipt is? A. Mr. Caudle's I believe—I paid the money in Aug—I cannot say the day of the month.
GEORGE CAUDLE. I am a scale-maker—the prisoner was my foreman—at the time this happened I was in Whitecross-street, and the prisoner came to me there from time to time—he told me that a person named Allsop, of Bartholomew-close, had sent about some scales, but he thought they were hardly worth doing—he said nothing more then—I saw him several times afterwards, but nothing more was said about Mr. Allsop's scales—about the 9th or 10th of Sept. I was sent for to Mr. Allsop's, and found out that they had been repaired—the 8s. 6d. has never been paid to me—this "G. Candle" is in the prisoner's handwriting—that at the bottom is mine—I wrote it when Mr. Allsop gave me the bill—the rest of the bill is the prisoner's writing—he had no authority from me to sign my name to the bill.
Cross-examined. Q. When did you go into Whitecross-street? A. On the 17th of Aug., I came out on the 8th of Sept.—I did not a sign over my property—I went through the petty Bankruptcy Court—I had the interim order or protection—my petition was field on the 4th of Sept.—I was arrested for debt previous to the 24th of Aug.—I have no wife; I buried her eight weeks before this took place—I have one boy and two girls, children of my wife's—the prisoner was the only person left to carry on the business—I had made no provision for the children—I was taken away suddenly—they were supported by the prisoner's getting goods from my different trades-people, which I have now to pay foe—he obtained the goods on credit as for me—I did not authorize him to sell things while I was away—he had no business to carry on; he was merely in the house—I believe he did sell some things while I was away—I cannot say—I had
not employed him to remove anything from my house—there were some things removed, to the amount of 6l. or 7l., while the sheriff's officer was in—they were removed back again—they need not have been removed at all—they were removed back after I was in gaol, directly the man was out of possession—I have not got them now—the greatest part of them have been taken away by the prisoner—he has been selling them—I have made a charge against the prisoner for it—we found things in his possession at Bethnal-green, to the amount of 6l. or 7l.—they were no portion of the things that he assisted me to convey away—the landlord came in which a distress warrant, and sold part of my goods—I was in Whitecross-street at the time—while there, I received some money from the prisoner—he pledged one of my beds for 25s., and brought me 22s. to pay the prisoner fees with—he brought me 10s. for a glass mug, 4s. 6d. for some old iron, 5s. 6d. the balance of a bill, and 3s. 6d. a week's rent, from one of my lodgers—that was all the money he ever brought me—he brought me bread, and I sold a few half-quartern loaves to different prisoners, and that was the only thing he brought for my support—he did not bring me bread every day—he might have brought it eight or ten times during the three weeks I was there—I did not sell part each time—be brought four half-quarterns at a time—never more.
MR. ROBINSON. Q. Is there anything due to him for wages? A. Nothing—he had to take care of the apprentice, two girls and a lad, who are here—he had obtained goods on credit to the amount of some-where about 4l. 10s.—he did no business for me while I was away—when I got back I found no account of anything having been done, but I found a great quantity of my things were gone, upwards of 20l. worth altogether—he gave me no account of them at all while I was in prison—the debt he had incurred, 4l. 10s., was quite sufficient for the support of the children, without the 20l. worth of goods that were deficient.
MR. BALLANTINE. Q. Have you paid him his wages since you came out? A. No—the name at the bottom of the bill I wrote as a mark of identity, when I gave it to the officer.
Cross-examined. Q. Did you give the prosecutor permission to keep back 20l. worth of goods? A. No—I had not even seen him—I do not think he had any such permission, because there are a great many creditors, and if he kept 20l. worth of goods, it would have been in fraud of his creditors.
MR. ROBINSON. Q. He is still carrying on the business? A. Yes, on his own account—no complaint was made by the assignees about his secreting goods.
(The prisoner received a good character.)
2453. JAMES NASH was again indicted for stealing 1 anvil, value 1l.; 1 hammer, 6d.; 1 box, 1s.; 4 pairs of scales, 35s.; 1 iron beam, 6s.; 1 pair of shears, 1s.; 1 drill stock, 7s.; 1 scoop, 15s.; 3 baskets, 2s.; 180 files, 50s.; and other tools, 45s.; the goods of George Caudle, his master.
MR. ROBINSON conducted the Prosecution.
GEORGE CAUDLE. When I returned from Whitecross-street, there had been a sale by auction, and whole of the property had been sold by Mr. Thomas, for the landlord—I find by the catalogue there were a great many
things not included in it that were missing—the anvil and different things found at the prisoner's house, and a large quantity of brass weights—the weight are not mentioned in this indictment—after the prisoner was taker, into custody his house was searched—I was present with the policeman—the anvil was found, and the different things mentioned in the indictment—they are now here—be had no authority to take them from my house—he was taken in custody on the charge of embezzlement.
Cross-examined by MR. BALLANTINE. Q. What was the amount of your debts? A. Somewhere about 160l.—I have paid nothing yet—I have not got my final order—I was discharged in Court—I expect to pay my creditors something in the pound from book debts which I have outstanding—when the sheriff came in, I had furniture in the house to the amount of between 60l. and 70l.—some of that went to a Mrs. Hunter, but very little—most of them were children's thing, and they were returned by Mrs. Hunter—there were a few articles besides—there were seven pairs of hand-scale—the prisoner gave them to her to take out of the house; not by my direction—I swear I did not authorize him to hand them over to her—she told me she had takes them; that the prisoner had given them to her—she is an acquaintance of mine, and my wife's when my wife was alive, and she has occasionally been backwards and forwards since—these things were taken during the time I was in prison—they have been brought back since—they were there when the broker for the Bankruptcy Court came—I am now carrying on my out-door connection again—I am doing nothing in-doors—I employed the prisoner to take some things to the amount of 6l. or 7l., to his own house when the sheriff's officer was in—he took them, and they were returned to me.
MR. ROBINSON. Q. Next morning? A. Yes—since that he has had no authority from me to move anything whatever from the premises—the articles now produce are not same.
Cross-examined. Q. Can you tell me whether or not the prosecutor had any right to remove any articles to the prisoner's? A. He had nothing is do with me concerning it—I should not consider he had any right to remove anything off his premises.
GUILTY. Aged 25.—Recommended to mercy by the Jury.— Confined Two Months
(There was another indictment against the prisoner.)
NEW COURT.—Tuesday, Nov. 2nd, 1847.
PRESENT—Mr. ALDERMAN WILLIAM HUNTER; Mr. ALDERMAN MOON and EDWARDS BULLOCK ESQ.
Sixty Jury, before Edward Bullock, Esq.
MR. ROBINSON conducted the Prosecution.
CHARLES COLLINS. I live in Queen's-row, Chelsea, and drive a cab for Mr. Colley. The prisoner was his foreman—I was to pay him 11s. a day—on the 14th of March I paid him 11s., on the 21st of March, 11s., and on
the 25th of July, 7s., and 8s. next morning to make it up 15s.—I cannot say whether the prisoner made any entry of these sums in any book—sometimes he has put down the money on paper, sometimes in a book, and sometimes not at all.
Cross-examined by MR. BALLANTINE. Q. Are you in Mr. Colley's employ? A. I have only been out about twice within the last fortnight, as my wife has been ill, and I keep acoffee and eating-house—I suppose I have been away about six months during the last five years—I did not know the prisoner before he came to Mr. Colley's—he was the only foreman—there is a lady there, Mrs. Beckenham—the prisoner told me that he was to receive all the money, Mr. and Mrs. Colley had nothing to do with the money—Mrs. Beckenham goes sometimes by the name of Mrs. Colley—she is housekeeper, and she and Mr. Colley live together in the same house, that is all I know—her husband lives somewhere else—she has not interfered in the business since the prisoner has been there—I never paid her in my life—I have not heard her request other men to pay her—when they are without a foreman, of course she takes the money—I know nothing about whether she accounted for it or not—I know Joseph Stone—I do not know where he lives—I have not stated to him that I could not name the sums I paid the prisoner on any particular day, as I kept no books.
MR. ROBINSON. Q. The prisoner gave you to understand that Mr. and Mrs. Colley had nothing to do with the business? A. Yes—he stopped me one day when I was going to speak to Mrs. Colley, and said Mr. and Mrs. Colley had nothing to do with the business, it was all entirely on his own account—I am able to speak about paying the 15s. because I pawned my watch that morning to pay it.
SAMUEL COLLEY. I am a cab-proprietor, at Marlborough-road, Chelsea. The prisoner was my foreman, I paid him two guineas a week—it was his duty to look after the cabmen, to receive the money from them, and account to my housekeeper or to me the morning after—this is the book in which it was his duty to make an entry of the amounts he received—here is no entry of 11s. received on the 14th of March, nor 11s. on the 21st—on the 25th of July here is an entry of 7s. to Collins—here is no entry of 8s. on that day nor afterwards.
Cross-examined. Q. How many cabmen had you in your employ? A. Sometimes fourteen or fifteen—he had to receive money from them all and to pay it to me or to my housekeeper—her name is Sarah Ballard, not Beckenham—I do not know that she is ever called Beckenham—I never heard her called so—this is the first time I ever heard the name to the best of my belief—this is the first suggestion I have ever heard about it—I do not know that the cabman sometimes call her Mrs. Beckenham, and sometimes Colley—her husband's name is Ballard—I do not know where he lives—she is my housekeeper—I never complained that she rather intercepted the money coming to me—I know a man named Morgan—I cannot tell when I made the charge against the prisoner—the first time I found a deficiency was in Aug.—be left me the last day of July—I think I gave him in charge in Sept., I cannot tell on what day—I had looked over the books before then—he went through the accounts about the middle of July—I should have given him in custody in Aug., but I could not find him, he absconded—he has been admitted to bail, and has surrendered here to-day—I did not hear from Morgan that he had threatened to inform of me for cheating the Excise—there would not have been aword of truth in it—I have been to the Excise since this—I heard of
it opposite my gates, a day or two after the prisoner came out of prison—he said that was the reason I charged him—there was no affair about a cab of mine that was injured, which I had a discussion with the prisoner about, to my knowledge—there was a cab injured by one of Messrs. Elliott's drays in March last—I gave my case to Mr. Hollis Anthony, for him to bring an action in case they did not settle—I think he got 23l. for me, I cannot exactly recollect—I did not direct the prisoner to appear on the trial, if necessary, and represent the damage done to the cab—the prisoner was foreman of my yard—I do not know whether he was the first person who saw the cab when it was brought home—I was in bed and asleep at the time—the prisoner did not say there was no injury done to the cab at all—he could not say that, for he went and got the report from the station, where the drayman was locked up—he reported the circumstance of the cab being broken to me—I said, "You had better see about it," and he went to the station—he said the cab was smashed all to pieces, which it was—he was not present to give evidence, but he saw the cab—I should not think that he knew all about it—he did not understand it—I have never been in trouble—I never was tried for anything in my life—I have sat here as a juryman—I have lived eighteen years in the neighbourhood where I now reside.
MR. ROBINSON. Q. I believe Messrs. Elliott's paid 23l., and no section was brought? A. Yes—I saw the cab the next morning, it was literally broken to pieces, one of the butts rolled on the roof of it—the wheelwrights came every day to see the state of it, and they were perfectly satisfied—I went to the Excise-office and found no complaint had been made of me—the prisoner left me, but not of his own accord—I found out a deficiency in July, which was before he left—I accused him, and he said, "I have taken good care to trust nobody but what I know has got plenty of goods, and I will summons them to the County Court"—I had not then found out that he had received money of cab-drivers and not paid it—I found that, about the 15th of Aug., and went to the County Court to see if he had taken out any summonses, which he had 15s. of me to do, and I found he had not—I summoned him to attend as a witness at Rochester-raw police-court—he did not attend—I took steps to find him, but had a very serious illness, and was not able, for about three weeks, to get out of my bed—he was taken about the third week in Sept.
SARAH BALLARD. I am housekeeper to Mr. Colley. The prisoner paid me no money from Collins' on the 14th of March, nor on the 21st of March—on the 25th of July he paid me 7s., on the part of Collins—this is the book he kept—here is the 7s. entered, but no account of the 8s.—he never accounted to me for that.
Cross-examined. Q. The prisoner did pay money to you occasionally! A. It was his duty to pay me once a day the money he had down in this book—my husband married me in a wrong name the first time—I then found that his name was Ballard—I was married twice to the same man—the second time I was called Mrs. Ballard—that is my proper name—I have lived nearly seven years as housekeeper to Mr. Colley—he hired me as his servant—I never told him I was married to a gentleman who married me in the name of Beckenham—I never told him anything at all about it—he knew I was a married woman—I am not aware that he ever knew my name was Beckenham—the men about the yard never used to call me Mrs. Beckenham—Collins never did to my knowledge—I was married ten years before I went to live with Mr. Colley—I have not seen my husband these six years—there was a man
named Welham in Mr. Colley's employ—I never applied to him to be a witness against the prisoner.
MR. ROBINSON. Q. I suppose for the last ten years, since you were married in the name of Ballard, you have gone by that name? A. Yes, always.
Second Jury, before Mr. Recorder.
ROSTOW HULLS. I am a baker. The prisoner was in my service—he had to take out bread, and bring back the money to me or my wife—my wife is not here—I discharged him last Saturday fortnight—Mrs. Allen dealt with me for bread—he paid me 2s. 11d. as received from her—I have it down in my cash-book—here is the entry, 2s. 11 1/2d. on the 4th of Oct., and on the 13th of Oct. he paid me 2s. 11 1/2. for Mrs. Allen—he never paid me 10s. received from Mrs. Tyler or Miss Pritchard.
Cross-examined by MR. HOREY. Q. How long was the prisoner with you? A. Six or seven weeks—I had no character with him.
JAMES WIDSDEN (policeman, S 42.) I took the prisoner—I said, "I want you to go with me to the station"—he said, "Very well; if you will give me time I will pay the money bank"—I have known the prisoner nine to ten years—I never knew any wrong of him.
GUILTY. Aged 36.— Confined Two Months.
(There was another indictment against the prisoner.)
MR. HUDDLESTON conducted the Prosecution.
JAMES COVINGTON , the elder. I am in partnership with my son James, at No. 8, City-road-wharf, Regent's-canal—we are lightermen—the prisoner was our clerk—it was his duty to execute orders, and to receive money. On the 26th of Aug. I gave him a crossed check for 9l. 8s. to pay the income and property-tax, which together was 9l. 8s. 1 1/2d., to the collector—I did not put the 1 1/2d. in the check—he either had the 1 1/2d., or was ordered to pay it—he had no business to get the check cashed—the receipt for the property-tax, which was 2l. 2s., he was to leave at Westminster, and the receipt for the income-tax to bring to me—I saw him next morning, and asked him for the income-tax receipt—he pretended to look for it in his pocket-book, and said he must go home and find it—he then absconded, and I did not see him again.
Prisoner. Q. Did you not send the check to the tax-collector previous to giving it to me? A. Certainly not—I have known you perhaps ten or fifteen years—I have unfortunately let you have money on more than one occasion when you have asked me—I never saw Mr. Corbett of Birmingham in my life—I have heard that he has called at my office—I know Mr. Meredith—I saw him at market, and spoke to him about you—I released you from Islington station on the 31st of March—most likely I expressed sorrow at what had taken place.
I saw the prisoner standing at my bar—my daughter handed me this check—(produced)—I gave her 9l. 8s. for it—she gave it to the prisoner—it was a crossed check, drawn by Mr. Covington—this is it.
FREDERICK JOHN CAUSLEY. I live in Bath-street, and am a collector of taxes—Mr. Covington's income and property taxes amounted together to 9l. 8s. 1 1/2d.—on the 27th of Aug. the prisoner came to my place and paid 2l. 2s. 3 1/2d. for the property-tax—he did not pay the income-tax—he said it would oblige Mr. Covington by my taking the property-tax only.
Prisoner. Q. Are you in the habit of taking less and giving a receipt in full for Queen's taxes? A. Certainly not—to the best of my recollection you said it would oblige Mr. Covington to leave the income-tax, because he wanted to settle his rent.
Prisoner. Q. Did you not say to Mr. Covington, on leaving the station, it would be considered a debt, and did we not leave the station with that understanding? A. Certainly not—I did not ask if you intended to enter an action against me for false imprisonment—I stated I took you into custody for the check—you were partly undressed—you pulled up your waistcoat and said, "I am very sorry, but I lost the money out of my pocket"—I said, "Why did you not go to Mr. Covington and tell him you had lost it?"—you said you had been drinking—on the way to the station you said, "I lent a friend of mine, a master builder, 5l. to pay his men on Saturday, I shall have the money returned."
Prisoner's Defence. I could not pay 9l. 8s. 1 1/2d. out of a check for 9l. 8s.; I told the collector I must of necessity have the property-tax receipt because I must see the ground-landlord, as there was a settlement between him and Mr. Covington; I went to Mr. Freeman, the ground-landlord, and then had to go Bromley; I had to stop on Bromley-common, and I suppose I lost the money; I missed it when I undressed myself; early the following morning I went to Bromley to find the money, but was disappointed; I went to friends to try to raise the money; some promises were held out to me that I should have the money that day; I did make the representation that I had paid it, as I hoped I should be able to bring the receipt that day, but I could not; I said to Mr. Covington at the station, "I shall be enabled to make up the money very shortly, pray don't press the charge against me," and he let me out with a full understanding that the balance of the check was a debt, and I was to pay him; I obtained a situation with the prospect of getting 4l. or 5l. a week; I told my employer the reason I left Mr. Covington, and asked him to call and pay Mr. Covington; he said he would; I afterwards saw him on the railway; he said he had not seen Mr. Covington, but he had left instruction with Mr. Meredith to pay him.
GUILTY on the Second Count. — Confined Nine Months
(There was another indictment against the prisoner.)
Sixth Jury, before Mr. Recorder.
GUILTY —Aged 36.— Confined One Year.
(The prisoner received a good character.)
2458. SARAH GRAY, the, younger , was indicted for stealing 2 bed-gowns, value 7s.; and 1 frock, 1s.: the property of Edward Wilson, her master; and SARAH GRAY, the elder , for feloniously receiving the same, knowing them to be stolen.
SARAH WILSON. I am the wife of Edward Wilson, a confectioner, we live in Hoxton Old-town. The younger prisoner was in my service about six months—she lodged and boarded in my house—the other prisoner is her mother—she frequently came to see her daughter at the door, but was not permitted to come in—she was not in the house that I am aware of—I missed my bed-gowns and frock about the 14th of August—I told the younger prisoner I had lost them—she said she did not know anything about them, she had not seen them—I have since traced them to Mrs. Spiers', who keeps a general shop in Hare-street, Bethnal-green.
Cross-examined by MR. PRENDERGAST. Q. You did not see them there? A. No—my husband did—I have seen them since, and sworn to them—the elder prisoner was frequently at the shop door, and sometimes at the private door—I saw the bed-gowns and frock safe about August—I am not aware that persons who come to my house go into the bed-room—I have a washerwoman, but she does not go up stairs—these three articles were all put aside before the prisoner came—this bed-gown I have not used for the last year-and-a-half—it was not one that the younger prisoner or the washerwoman had anything to do with—I have friends and visitors, but they do not go up stairs—it is very seldom that I go up from the time I leave the bed-room in the morning till I go up again at night—I have lodgers, but they have no right in my bed-room—it is the second floor front room—one lodger has the second floor back room, she is a nurse, and is very seldom at home—I have a single lady in the first floor front room, and an old lady and gentleman in the back room—I thought it most likely some of those persons did go into my bed-room, till I found where the things were—the things were in a box which had another box on the top of it—I had a good deal of trouble to move it, but I find the lid could be raised without that, it was not locked—I always kept the room-door locked—none of my lodgers have a key that will open it—it is not an uncommon key—it was kept on the mantel-piece in the parlour—the lodgers had not access to it—the younger prisoner had to go up to make the bed.
JOHN SMITH (policeman, 121 N.) The younger prisoner was given into my custody at her mother's, in Buttesland-street. I told her she was charged with taking a pair of stockings—she burst into tears, her mother said, "Do not cry, my dear, I am sure you know nothing about it"—I took the younger prisoner to the station, and her mother followed her—I told her mother she might bring her daughter refreshment, or a blanket—she left a short space, then commenced running, I followed her, and she went to Mrs. Spiers', 45 Hare-street, Bethnal-green—I went in and saw them together—the mother said she had come for a blanket for her daughter—I said, "No, you have not come for a blanket, but about Mrs. Wilson's things"—I said to Mrs. Spiers, "You have a gold ring, a pair of sheets, bed-gown, and frock, of Mr. Wilson's, which he has missed from his house"—she turned to the elder prisoner, and said, "Have I got those things"—she said, "Yes, you have the ring"—she went to the drawer and produced it—I showed it to Mr. Wilson, who was present, and said, "Is that your ring"—he said, "Yes"—I said, "You have a woman's bed-gown and a frock"—Spiers produced them, and said they had been brought there by the elder prisoner—the prisoner made no reply—I asked if there were any other things; Spiers said, "No, you are quite at
liberty to search"—the prisoner said, "It is no use your searching, there is nothing but what belongs to herself"—she said, "Mrs. Gray, you must be a good-for-nothing woman to bring things that did not belong to you; I supposed these things belonged to you"—the prisoner said distress drove her to it, and if Mr. Wilson would allow her she would redeem the things and replace them—I brought away the bed-gown and frock, which Mrs. Spiers charged the elder prisoner with having brought to her.
ELIZABETH SPIERS. I live at 45. Hare-street, Bethnal-green—I bought this frock and bed-gown of Mrs. Gray, six or seven weeks ago, for 1s. 6d.—she said they were her own, and if I thought proper she would buy them back of me again in a short time—I delivered them up to the officer.
Cross-examined. Q. She told you she brought them to you because she knew you, and knew you would let her have them again? A. Yes—I have known her four or five years—she intended to repay me, and to get them back—she brought them to me six or seven weeks before—unless I had expected them to be re-bought I should have got rid of them—I buy and sell second-hand clothes—I sell things at the door—I had not put these at the door.
SARAH GRAY, Sen.— GUILTY.—Recommended to mercy by the Jury.
SARAH GRAY, Jun.— NOT GUILTY.
2459. SARAH GRAY, the younger , was again indicted for stealing 1 ring, value 15s.; the goods of Edward Wilson, her master; and SARAH GRAY, the elder. for feloniously receiving the same, knowing it to be stolen.
SARAH WILSON. I am wife of Edward Wilson—I lost a ring with hair in it, on the 31st of May—the younger prisoner was in my service then—it was kept in a glass drawer in the bedroom—the key of the bedroom was kept down stairs the greater part of the day, except when she had it to make the bed—she used to go to speak to her mother at the door, and to go to her mother's frequently two or three times a day—her mother was always at her elbow—I questioned the younger prisoner about this ring—she said she knew nothing about it—this is it.
THOMAS SMITH (policeman, N 121.) I produce this ring—Mrs. Spiers produced it in the elder prisoner's presence, and said, "You told me this was your sister's—she made no reply—Mrs. Spiers said she had advanced 2s. on it to Mrs. Gray, and had had it some months.
ELIZABETH SPIERS. I got this ring of Mrs. Gray, about two months before I gave it to the officer—she asked if I would let her have 2s. on it—I said I would rather not have anything to do with it—she said she should be much obliged to me, as I had know her so long—she said it was her brother's, and her sister had let her have it because she had no money to lend her, and I was to take care of it because she must have it again in a few days—she never came to have it—I named it once or twice, and she said she had been so short she could not get it, but she would get it as soon as she could.
Cross-examined by MR. PRENDERGAST. Q. She would have had it out? A. I believe she would—I have known her five years—I have nothing to say against her.
SARAH GRAY, Sen.— GUILTY.— Confined Three Months.
SARAH GRAY. Jun.— NOT GUILTY.
It being a mortice-gauge the prisoner was
JOHN WILLIAM RICHARDSON. I am a carpenter, in the service of Mr. William Dark, a builder, at Stepney-green—the prisoner is apprentice to William Mason, who is in Mr. Dark's employ—Mr. Dark is finishing some houses in Ben Johnson's-fields—Mr. Mason was doing the joiner's-work there—I gave out the stuff for the work—the prisoner fetched the materials for his master—he came and selected eight deal boards to be employed by his master, Mr. Mason, on Mr. Dark's account—I desired him to let me know what he took—he measured 110 feet—he got them on Mr. Mason's account from our place, representing they were wanted by Mr. Mason for the building—he had them away, and he ordered six more, but he never had them.
WILLIAM JOSEPH MASON. On Friday, 15th Oct., I lost sight of the prisoner after dinner—he came back about three o'clock—I asked him where he had been—he said for some nails—I afterwards went out of the buildings, and he was bringing some boards over the fence—he said he got them from Mr. Dark's—I asked him who sent him for them—he said no one, but he did not like to come empty-handed—I found he took eight boards—I received on the premises four boards which measured fifty-six feet—I never saw the other four boards, they never came to the premises—he never gave any account of them.
Cross-examined by MR. PRENDERGAST. Q. Were you working as a master carpenter? A. Yes—the prisoner was my apprentice—I was doing the work, and was then to be paid for it—I am what is generally termed a piece-master, I take work under builders—I find labour and they find materials—I am accountable to them for what materials I have, and give orders for what I want—I afterwards get my money for the labour, not the materials—I take as many materials as I want—they are put down to my credit—they are measured out to me, and I receive them, and if they are not appropriated to the building I dare say I should be brought to account for it—the four boards I received have been since used for the building—I did not send the prisoner for any—it was not his business to bring any.
JOHN WILLIAM RICHARDSON re-examined. Q. What did the prisoner say when he came to you on that Friday? A. I asked him what stuff he wanted, and he looked it out—I booked it—I have been in the habit of serving him for these two months—he came as from his master, and I delivered it for his master—he said he wanted stuff for the building, and I let him have it, believing it was for the building—he mentioned that he wanted some boards for cupboard-doors up stairs—they were Mr. Dark's houses—the materials he had were put down on a board first—we have a stuff-board for the whole week—they were booked to the building which belongs to Mr. Dark—Mr. Mason is only taskmaster, everything that goes out is booked as going to Ben Jonson's-fields—we do not mention one house more than another.
2462. JOHN GINGLE and SAMUEL WELLS were indicted for stealing 2 gallons and 1 pint of rum, value 3s.; the goods of Charles Lucey, the master of Wells.—2nd COUNT, of the East and West India Dock Company.
MR. ROBINSON conducted the Prosecution.
THOMAS DRUHAM. I am a Custom-house officer. On the 19th of Oct. I was stationed in the West India Dock basin, about seven o'clock in the evening—there was a strong smell of spirits, which I supposed was rum, and I heard a driving of spiles—I stood up, and saw three men in the lighter, Major—I might be from twelve to twenty yards from them—I went on board, saw one man on the cabin-head, and two below—I asked the man on the cabin-head if he was captain—he said, "No"—the other two were down by the casks—they stepped into the cabin—I went down, and found the casks were spiled—I called out, "Lightermen!"—the men in the cabin gave no answer—I lighted a match, went into the cabin, and found the two prisoners and no one else there—I said, "Why did not answer me when I first hailed you?"—Wells said he was asleep, and did not hear me—I followed them into the cabin—Gingle pretended to the asleep—I merely held the light up to him, and said, "O, it is you"—he made no answer—I had known him for years—Wells said he was very sorry for what was done, he had been to a coffee-shop, and they had done this while he was away—he did not say what was done—I considered he meant the spiles—I went to the doc-gates, and spoke to another revenue-officer—he came on board, and found the spiles sticking out of the casks as I had—he went back to fetch his light, and while he was away Wells broke the spiles—I told him he would be held to account for that, that they would be gauged the next day, and he would have to account for it—the man who was on the head of the cabin stepped off the lighter to another craft—I have not seen him since—I did not stop him—I was satisfied he had nothing in his hands—there was an empty bladder found in the body of the lighter.
Cross-examined by MR. PRENDERGAST. Q. How long have you been in the service of the Customs? A. I entered it in 1834—I have belonged to the port of London all that time—I am not now in the rum department—I go merely to take charge of any lighters—a spile is a piece of wood made by coopers for the purpose of plugging spirits—these spiles did not appear to be made by a tradesman—they were rougher work—Wells, who denied having any connexion with it, knocked off the spiles in my presence—I was standing on the cabin-head, and he was just under me—I did not stop him—I told him to be careful—he did it with his back turned to me—I did not know it till I heard it break—he came from the cabin into the hold of the lighter—I do not know whether he did it with a brick—there was a brick found in the barge afterwards—there was no knife found—I did not say the spiles would look very badly in these casks, and he must account for them—it is not likely I should say that, after giving the information—I am quite satisfied Wells was not asleep—I was no board the lighter called the Sampson when I first saw these persons in the hold of the Major—there might be two or three barges between the Sampson and the Major—it was not very dark, but just dark—I saw these men as soon as I stepped on board—I could not distinctly see the men in the hold from the Sampson—the barges between the Sampson and the Major might probably be higher than the Sampson—I do not know that one of them was a decked barge—I was either in the stern or the bows of the Sampson, I cannot tell which—there were some bags of sugar there—it is what is called a punt—I understand Wells was called as a witness against Gingle, the first day they were at the Thames-police, but I was not there—I have known Wells as a lighterman for several years—he was always an honest man.
Cross-examined by MR. PAYNE. Q. Do not you know that Gingle has been twenty-eight years in one employment? A. I have known him the last eight or ten years in Mr. Taylor's employ—I do not say that I recognized the men till I followed them into the cabin—while I went to inform the revenue-watchman, Gingle left the Major—I only found Wells there when I came back—Gingle was not there when I heard the spiles broken off—I had not seen him do anything except, standing close by the casks.
JAMES BOWSTEAD. I am a Custom-house watchman, in the Docks. On the evening of the 19th of Oct. Druham came to me, and I went to the Major—I saw Wells, and said, "What is the matter here? here is something wrong in these spiles sticking in the casks"—he said he knew nothing about it—these spiles did not appear broken off then—I got a light, and then said they were cut off—Wells said they were not cut off, he broke them off—I afterwards saw Gingle on board his own craft, the John, going out of the dock—I went on board it, and found three bladders, containing rum, under the stern-sheets—Gingle was the only person on board—he said he knew nothing about them.
COURT. Q. Where was this lighter? A. Going out of the docks when I examined Gingle's vessel—the Major was at the other end of the docks—Gingle had no business on board the Major.
Cross-examined by MR. PAYNE. Q. Was the barge Gingle was in empty? A. Yes—I cannot say whether he had been there from two o'clock in the afternoon—I only came on duty at four o'clock—the John was surrounded by barges—some of them might have spirits on board—I found these bladders under the stern sheets—I told Gingle he must go with me—he said, "Very well."
GEORGE SAUNDERS. I was standing by the side of the lock, and saw Gingle going out with the barge—I asked what he had on his barge—he said it was empty—I went on board, and found the bladders under the stern shoots, beneath some rubbish and sweepings—I saw the rum measured—there was two gallons and a pint.
Cross-examined by MR. PAYNE. Q. Did not Gingle say he know nothing about the bladders? A. Yes.
CHARLES LUCEY. I live at Clapham, and am a lighterman—the Major belongs to me—Wells was in my service—he was sent to get 100 hogsheads of rum—three of them were afterwards meddled with, and plundered.
Cross-examined by MR. PRENDERGAST. Q. How long has Wells been in your employ? A. About fifteen years—he has borne an irreproachable character—he came in the evening, and mentioned that the craft had been plundered while he had gone to get his tea—he had a good character not only with me, but in the neighbourhood in which he has lived many years—the barge was taken back, and the hogsheads re-gauged the next day—there were three gallons deficient, which we have had to pay for.
COURT. Q. Did he give you any account? A. He said the craft was loaded about two o'clock in the afternoon, and could not get out, and he had an opportunity to go and get refreshment, and it was plundered—he said nothing of Gingle—he did not profess to know who had done it—he said the officer told him he had better cut off the projecting part of the spiles—the officer was the first who gave information.
Cross-examined by MR. PAYNE. Q. The John does not belong to you? A. No, to Bell and Co.—a lighterman is frequently absent from the barge, and he would be absent on this occasion, because he could not get the craft out—there would be no necessity to stop in the lighter when it was empty—they have to wait for the tide to get out.
COURT. Q. Do they go on board each other's lighters? A. Yes, talking, when they are waiting for the tide.
Cross-examined by MR. PRENDERGAST. Q. If Wells had gone to take his tea or coffee, that would have been no neglect of his duty? A. No—we leave barges perfectly safe in the dock.
ISAAC BRADFORD. I gauged 100 hogsheads of rum on the day previous, and on the day of delivery—amongst them were Nos. 9125, 9127, and 9157—I gauged them again on the 20th, and found from No. 9125, there was about three pints, from No. 9127 a gallon and a half, and from 9157 about a gallon and a half gone—there was a deficiency of three gallons and one quart.
COURT. Q. Are you a judge of the strength? A. I am—I tested the strength both before and since—I measured the quantity in the bladders—in one of them was one pint of spirit, which was 15 percent. and 6-10 ths under proof—the bulk in the hogshead 9157, which I think that was taken out of, was 10 per cent. under proof—that in the bladder had lost 5 per cent.
Cross-examined by MR. PAYNE. Q. Was this foreign rum? A. Yes—it was not arrack—arrack is an East India spirit—this was from Havannab and Cuba.
WILLIAM LONG. I am constable of the docks—Bradford pointed out three hogsheads to me, Nos. 9125, 9127, and 9157—I noticed fresh spiles had been put in them—I took Wells into custody, and told him to be careful what he said, that I took him on suspicion of stealing two gallons of rum in company with Gingle—he said, "I was not with him in the dock, nor was he in my barge."
Cross-examined by MR. PRENDERGAST. Q. Was not Wells examined first as a witness against Gingle? A. Yes—other circumstances occurred, and he was afterwards taken into custody—he said he knew nothing about it, and was getting his tea.
(Wells received a good character.)
GINGLE— GUILTY. Aged 55.—Recommended to mercy by the Jury. Confined Twelve Months
WELLS— GUILTY. Aged 31.— Confined Three Months without hard Labour.
PATRICK JORDEN. I am in the service of Mr. John Williams, of Hampstead-road. I was employed in a building in New Oxford-street—on the 4th of Oct. I was coming down the ladder, and saw the prisoner coming out of the building with a pair of steps on his shoulder—I followed him to Museum-street—he put the steps by a public-house door, and went in—he came out again, and went round a fence and went into the public-house a second time—I went in and gave him in charge.
Cross-examined by MR. PRENDERGAST. Q. He left the steps in the street? A. Yes—I knew they were my master's—he went away from them, came back, and went into the public-house—he was a little intoxicated.
JOHN CROW (policeman.) One the 4th of Oct., Jorden came to me, and pointed out the prisoner—I took him, and said he was charged with stealing the steps—these are the steps—he said he knew nothing of them—he was drunk—his coat was dirty, and the steps had the same sort of dirt as his coat had.
Before Mr. Common Serjeant.
2464. WILLIAM ASHCROFT, alias Jameson , was indicted for unlawfully casting, placing, and throwing 22 large paving-stones upon and across the Eastern Counties Railway, thereby endangering the lives of certain person whose names are unknown.
MR. SERJEANT WILKINS and MR. BALLANTINE conducted the Prosecution.
CHARLES JOHNSTON. I am an independent gentleman, living at Leyton, in Essex. On the 25th of Oct., between three and four o'clock in the afternoon, I was fishing in the river Lea—I had been fishing there from eleven o'clock—I was within view of the railway—I was not 400 yards from it all day—I saw several trains pass backward and forwards up to the time mentioned, without impediment—I saw the prisoner, between three and four o'clock, as I thought throe a quantity of stones on the railway—I could not see that they were stones, but I saw the action of his body, stooping and picking them up, and I heard them fall very heavily on the line, and heard some of them strike together as they fell—I laid down my rod and watched him—I had been watching him previously, as no person had and right to be where he was—I should think I watched him for about a quarter of an hour altogether—there is a gate and a stile—I saw him get over the gate, and walk nearly in a direction towards me—when he came up to me I said, "Have you been clearing the rails?"—he was then advancing near me—he said, "No"—I had a little conversation with him about angling, and I saw a down-train approaching—the prisoner did not say anything—I said, "Why, there is the train coming," watching his countenance all the time—he made no reply, but walked on pretty smartly over the marshes—I saw the train come on, and when it got to where I had seen the prisoner, I saw some stones lying on the line—I went close up, and could see them—they were between the rails—the train stopped suddenly, and I saw a man get down from the engine—I ran up as fast as I could, and met the man at the spot where the prisoner had been—I pointed out the prisoner, who was then running—I described his dress—I have no doubt that he is the person—when I saw the stones, they were between the rails—they had been cleared by the guard, and laid in safety.
Cross-examined by MR. MELLER. Q. How many stones did you see between the rails? A. I cannot say—I did not count them, I was so much flurried, the danger was so great—I should say some of the stones were nearly 50lbs. in weight—they were paving-stones, hard granite stones—I saw the prisoner before he got over the gate—I was about two hundred yards form him—the gate did not much obstruct my view of the line—the ground I was standing on was rather low, and the rail rises—I was him for a quarter of an hour before he got over the gate—I was watching him—I had no sport that
day—I should have thought he saw me—he appeared to be picking up something heavy and casting it from him, hurling the stones on to the railway—I can make no mistake about his picking them up—I saw him pick them up—I have given an account of this before—I had passed the rails in the morning, and there were no stones in that position then—I saw him throwing the stones—he seemed to take his time about it—I think I can swear he was a quarter of an hour there—I saw no other person—I saw him in a stooping position—he had been throwing something, but I could not see what he was doing—I heard the stones falling heavily—I was very much shocked—I thought that he was doing wrong, and I was several times inclined to run over to see what he was doing, but I came to the conclusion that very possibly he might be employed by the Company, because I had seen persons before, repairing the rails in different places, and this person was better dressed, I thought he might have been an overseer, and for that reason I did not go—the next thing I saw was the prisoner again getting over the gate—I was watching him—he was only in conversation with me a few minutes—two or three words passed between us—I had never seen him before—he appeared a little fresh, but not so much but he knew what he was about—the train passed the place where the prisoner had been standing, then it stopped, and one of the guards got down—the prisoner was then walking smartly away—when I pointed him out, he ran—he was about two hundred yards from me when I pointed him out—he had continued walking—I went up to the rails to speak to the man, and saw the stones—I saw more than three or four as large as the largest of those produced—they were between the rails—I was more than a dozen altogether—they were of different sizes.
ABRAHAM KILBURN. I live at No, 58, Wheeler-streets, Spitalfields, and am guard to one of the trains on the Eastern Counties Railway. Last Monday afternoon, when the down train got near the Lea-bridge Station, I heard the guard's whistle, the signal of danger, on which I applied the break and stopped the train as quickly as possible—the fireman jumped off the engine before the train had stopped, and ran back to a gate—in consequence of something that he said to me, I directed my attention to the prisoner—he was pointed out to me by Davison, the fireman—he was running from the rails—I went after him, with another guard, and overtook him at the farther end of the Lea-bridge marshes—when we were near upon him, he turned round and walked towards us—I took him by the collar, and told him he was my prisoner he said, "What for?—I said, "For placing some stones on the line of railway"—he said, "You did not see me do it"—I told him there was a gentlemam close by who did see him do it—he mad no answer to that—I told him he must be a very wicked man, as he had been drinking, to try to throw the train off the line—he could scarcely speak when I got up to him, he was out of breath—he said he had not been drinking—he walked very quietly with me to the station—on the way he asked me where he should see me tomorrow—the other guard said he would let him know in the evening—when we had got him in safe custody, we went back, and found twenty-two stones on the line—I have brought some of them here—some were on the up-line and some on the down-line—when I saw them, the fireman had put them off the line—we have what we call "life-guards" to the engines—they are pieces of metal, that push off anything that is on the line—some of the stones had been broken by the train passing over them—I did not myself perceive the motion as the train passed over—it was evident at the time that the stones had been recently broken by being crushed—I was in the back part of the train.
Cross-examined. Q You would feel any obstruction in front, would you not? A. No, not from stone like these, because as soon as the enginewheels go on them, they would crush them—if the guard preceding the tender had not removed the obstruction, then it must have been felt by the other carriages—a log of wood, placed in a different position on the line, would be the worst kind of obstruction I know of, infinitely worse than stones—I have been engaged on this railway seven years—anything placed on the line during a dark night would be more dangerous, because we could not see, and could not put on the break—on this occasion, as soon as I heard the whistle of the guard, I put on the break—I was not in a position to see anything on the line—Davison pointed out the prisoner to me—Mr. Johnston was not present then—I did not see him till after I had got the stones off the line, not for about three-quarters of an hour—I saw a man go to meet Davison—Davison communicated to me after that—I did not hear Mr. Johnston communicate with Davison about this matter—when I saw the prisoner, I should think he was about half-a-mile from me—he was looking behind him—he did not see me coming—he did not see Mr. Johnston point him out—he was running when I first saw him—I had no conversation with Mr. Johnston—I was not by Davison's side the whole of the time—Davison was the first person that ran up the line to pick the stones off, but he never left the train to go after the prisoner at all—the prisoner did not appear as if he had been drinking—I thought as he had been running, and was out of breath, that very likely he had been drinking—it was my impression at the time that he had been drinking—I did not feel the slightest motion when the carriage went over these stones—sometimes if the train is heavy, the iron of the safety-guard will get bent, if it meets with anything on the line—I removed twenty-two broken pieces of stones—there were five or six more, quite as large as the largest produced, these were lying on the rail when Davison say them, six of them were on the rails of the up line—this was one of those on the up line—the smaller stones were scattered about—I saw the heap from which it was said they were taken—it was a large heap on the side of the railroad—I was about 200 yards from the prisoner when he turned round to meet me—he had been gone very near a mile—he had gone half-a-mile when I first saw him—I ran across and he had ran round, and that made the distance longer—I do not think he could have run in a straight line from where I saw him, because there are a lot of wide ditches, some of which you cannot get over—he went round by the river.
MR. WILKINS. Q. Did Fuller, another guard, go with you in chase of the prisoner? A. Yes.
THOMAS DAVISON. I am a stoker. I was atoker to the half-past four o'clock down train to Broxburn, on the Eastern Counties Railway—we were going at the rate of about twenty miles an hour, I think—the stoppage took place near Lea-bridge Station—it is not a place where we ordinarily stop—as we were going forward, I saw six large stones on the up line—I could not see the down line—I felt the crushing of stones as we went past the place—if the engine or carriages had not crushed the stones, the effect might have been to throw us off the line—we stopped the train as soon as possible, immediately I saw the stones on the up line—we were not going at a rapid rate—after I had run back to the place, Mr. Johnston came up to me, and pointed out to me a person who I think was the prisoner—he was then about half-a-mile off—Kilburn and another followed him—I went back and looked at the line—I found six of these stones on the up line, and a great many on the
down line—all those on the down line were crushed—those on the up line were not
Cross-examined. Q. You were in such a position that you could see any obstruction on the line? A. Not on the down line—I could on the up line—I first saw the prisoner when Mr. Johnston pointed him out to me—he was then running—I am sure he was running at the time he was pointed out—these stones were placed about a yard from each other—if they had been placed together in a heap, it might have been a very dangerous obstruction.
MR. BALLANTINE. Q. I suppose anything before you on the down line, being on the ground, you would be hardly able to see? A. No, but the up line being on my side, I can see that.
WILLIAM YOUNG. I live at West Ham. I was the driver of the engine last Monday afternoon—as the engine passed over that part of the line where the stones were found, I felt something crushing under the engine—I gave the usual signal to the guard to put on the breaks, that is three whistles, and I shut off the steam—as soon as the train came to a stand, I sent my stoker back to clear the stones off the up line—six large stones were lying on the up line, three on each rail—I did not see the stones on the down line, but those on the up line were similar to those produced.
Cross-examined. Q. You did not give evidence before the Magistrate! A. I was not called upon—I did not examine the line, what I saw was in passing—we were going at rather more than twenty miles an hour—I could see the stones very well lying on the railway.
MR. SERJEANT WILKINS. Q. Could you, by looking back when the train had stopped, still see the stones on the line? A. No, I do not think I could—I am quite certain I saw them in passing.
JOHN JENKINSON (policeman, G 53.) I know this signature to be Mr. Arnold's, the Magistrate's—(read—"The prisoner says, I was walking across the field and came to this place, and when I got there I found a stone lying on the down rail, and a heap of stones on the further side; and without any motive I took up the stones and threw one on the other, and I left them lying ae described—I left three or four on the up line—that is quite true—I threw them from the heap myself.")
(The prisoner received a good character.)
GUILTY. Aged 39.—. Confined Two Years
ANN BILLINGS. I am the wife of Benjamin Billings, who keeps the Steamengine beer-shop at Stratford. On Saturday afternoon, the 23rd of Oct., the prisoner came to me for 3s. for a bushel of apples, which he said he had left at the station for young, Mr. Dickenson—I knew young Mr. Dickenson, and paid the prisoner the 3s., believing Mr. Dickenson had sent him for it—if I had not believed that, I should not have given him the money.
Cross-examined by MR. PAYNE. Q. Did not you know the prisoner? A. No, I had seen him—I would not have lent the prisoner the money—I did not know what he was—I cannot say whether he had any dealings with Mr. Dickenson or not—I gave him the half-crown and sixpence, because I thought he was telling the truth when he said he wanted it for Mr. Dickenson.
Cross-examined. Q Are you young Mr. Dickenson? A. Yes—I know the prisoner—I bought 100 cabbage-plants of him—I paid him 6d. for them—he had said he had got some nice cclery—I asked him how he was selling it—he
said what I wanted he would make me a present of—he was to have brought half a bushel of apples to a young man working with me at the new works—it is five or six minutes' walk from the Steam-engine beer-shop—he was to have met him there with some apples on the Thursday night—he came on the Saturday, and said he had brought the half-bushel of apples and left them at Mr. Billings', and he came to him for 2s. on the works, but he would not give to him.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy.— Confined Three Months
Before Mr. Recorder.
JOHN DALTON. I live at Stratford, and am a oilman. On the 25th of Sept., I missed twenty-four skeins of twine, from the floor of my shop, about three yards from the door—it was twine manufactured in a peculiar way—the manufacturer who makes it for me makes it different to others—it is close wove and close spun—I do not know the prisoner.
JANE CLARK. I am the wife of James Clark; we live in New-street, Stratford I have know the prisoner six or seven years—she has brought me a few old gowns to dispose of, which she gets in exchange—a month ago last Friday, I was sitting in my own place, and she came and said she was poorly in her inside, and asked me to go and sell this twine for her that she had got in exchange—I said I did not know where to go with it—she said, "Go any where"—I said, "What am I to ask for it?"—she said, "3s. 6d."—I said, "Suppose I cannot get that"—she said, "Get what you can"—I took it to Mrs. Rainer's, and sold it for 2s.—the prisoner gets here living by selling lace, and caps, and things.
Prisoner. I never told you to go anywhere; I never set any price on it. Witness. You did.
RACHEL RAINER. I am the wife of John Rainer, a horse-breaker; I keep a marine store-shop. On a Friday in Sept. Mrs. Clark brought a bundle of twine to me, and asked 3s. 6d. for it—she said, an old lady had sent her with it, who had taken it at a gentleman's house in exchange—I took it to Mr. Cox, next door, went back, and gave Mrs. Clark 2s. for it—I hung it on a nail by the door, and the officer came and took it away.
Prisoner. I have not brought anything to your shop. Witness. You have not been to my shop for three or four months—when you did come I some-times bought of you, and sometimes not.
JOSEPH BENTON (policeman, K 381.) I took the prisoner into custody—I told her it was for a bundle of twine—she took an oath, and said she knew nothing at all about it—in going to the station she said, "Policeman, I will tell you the truth about it; I bought it of a little boy for 1s."—this is the twine.
Prisoner. I did not take an oath; I denied it, because I did no know what to say.
Prisoner. I never was in his shop; I am innocent of the offence; I am a poor destitute creature, and have no friends belonging to me.
GUILTY. Aged 44.— Confined Six Weeks.
Before Mr. Common Serjeant.
JOSEPH CARTER. I live at Victoria-terrace, Stratford. I was working on the railway on Monday morning, the 18th of Oct., I laid my coat on the ground—my handkerchief was in the pocket—my coat was safe at nine o'clock I missed it at ten—John Miles worked there—this is my coat.
JOSEPH BENTOS (policeman, K 381.) I took John Miles into custody—just before I took him I saw him give a duplicate to the prosecutor—he said he had pawned the coat, he took it in a drunken spree, and did not think it would come to this.
ALFRED SCOTT re-examined. Thomas Miles told me he had given 25s. for it a few weeks before—I have no doubt he is the man—I recollect his face—I said before he was the person—I am confident it was him by his full whiskers—I described him as such.
Thomas Miles. I am not the man that pawned it; I was not there at all; I was at home at eleven o'clock.
(John Miles received a good character.)
JOHN MILES— GUILTY. Aged 26.— Confined Three Months.
THOMAS MILES— NOT GUILTY.
Before Edward Bullock, Esq.
WILLIAM SMITH. I am a waterman, and live at Deptford—I had known the prisoner about twelve weeks when this matter happened—he keeps a lodging-house, and lets out beds—I had been in the habit of going there. On Monday the 27th of Sept., I was there three different times; in the morning, at two o'clock, and about four or five—I went alone—I stopped about half-an-hour, when I went about four or five—a young woman that lives there took my jacket, which I had taken off at a public-house close by—I went to the prisoner's house for it, and found him standing at the door—I asked him to allow me to go in and get my jacket—he said I should not come into his house any more—I said, "I must come in, or else you go in and get it"—he called the young woman's name two or three times—I said, "I will go in"—I took him by the hand, pulled him away from his own door, and walked into the passage; and as I was in the act of turning into the parlour, I found myself pricked in the left side—I ran out of the house, saw a friend, and discovered a small prick in my side—I thought it was done with a penknife—the hole was very small, and not above three drops of blood came from it—I was taken to a doctor close by, and he put a bit of plaister
on it—he sent me to a surgeon, who probed it—I was able to walk to the office next day—I was not ill above two or three days—I did not see who it was that struck me; it was in the dark passage—there were one or two persons outside the door.
Cross-examined by MR. BALLANTINE. Q. You struggle to get into the prisoner's house, and he did not want you to come in? A. There was not much struggling—I think this might have occurred by accident, if he had a knife in his hand—there was a mat at the door, and he might very likely have stumbled over that—he is not a vindictive man, but very civil and quiet.
COURT. Q. Did you hear him say anything? A. No; he is a man of very few words—I was drinking with him in the morning and afternoon—there was no animosity between us.
HENRY STORER. I am a labourer, at Deptford. On Monday night, the 27th of Sept., I came out of the public-house with Smith—I saw the prisoner at his own door—Smith wanted to gain an entrance after his jacket—the prisoner said he should not go in, he had been ill-used enough through him, if his jacket was there he would send for it—he called a female, named Lis, three times—there was no answer, and Smith forced the prisoner from the door, and forced his way in; as Smith pushed by him he resisted him, and made a blow at him with something—I do not know that he had anything in his hand—it was between seven and eight o'clock, getting dark; we got a light, and I saw the prisoner in the back room, with this instrument in his hand (a pointed instrument)—he came out of the house shortly after, and I told him he had stabbed Smith—he did not deny it—he said, "If I have, I will stab some one else; lock me up, I want to be locked up"—two or three young men took hold of him, and took him along till they met an officer—in going along he gave this instrument to one of the young men, and said, "It is not a knife, nor a fork, nor a dagger; it is a firmer that I use in my work.
THOMAS OAK MITCHELL. I am a surgeon—Smith was brought to my surgery on Monday evening the 27th—I found a punctured wound on the left side of the abdomen—he complained of a good deal of pain, and could not stand upright—I probed the wound, and found it was about three inches deep—it was a dangerous wound—such an instrument as this would cause it—there was also a contused wound over the puncture, which showed that some violence had been used in the infliction of it.
Cross-examine. Q. You said before the Magistrate that it was not a dangerous wound? A. Not in itself; but had it taken a straight direction instead of a lateral one, it would have been dangerous—I put some lint on it, and a piece of plaster over it, to keep it on—I brought him through it.
Before Mr. Common Serjeant.