CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
SESSION I. TO SESSION VI.
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 GOAL 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, November 22nd, 1847, and following Days.
Before the Right Hon. JOHN KINNERSLEY HOOPER , LORD MAYOR of the City of London; the Right Hon. Thomas Lord Denman, Lord Chief Justice of Her Majesty's Court of Queen's Bench; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Sir James Duke, Knt.; Thomas Farncomb, Esq; William Hunter, Esq.; Thomas Challis, Esq.; William Hughes, Esq.; and Francis Graham Moon, Esq.; Aldermen of the said City: John Mire-house, 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.
HOOPER, MAYOR. FIRST 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 know to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 22, 1847.
PRESENT—The Right Hon. the LORD MAYOR, Mr. Aldn. WILSON, Mr. Aldn. JOHNSON, Mr. RECORDER, and Mr. Aldn. CHALLIS
Before Mr. Recorder and the First Jury.
ANN SCOTT. I live at 3, Redgate-court, Minories. On Saturday evening, 18th Sept., my little boy was playing at the window—I saw the prisoner approach him—I was much alarmed, as he had caused him a serious hurt a month previously—I went to the window, which was a little open—he had a piece of something in his hand, and said to my son, "I will take the big side of this and thrust it down your throat, and you will not be able to say much"—I threw the window up, and said to my son, "Henry, come round to the door, and I will let you in"—and I said to the prisoner, "What do you mean by coming and insulting me and my child continually, as you did on Wednesday last, when you followed me down the court, and alarmed my baby very much by screaming in my ears, why do you do so? you promised the Alderman you would not"—he used very bad language, and threw the remains of some fish which he in his hand, in my face—my son approached the window, and said to him, "What do you mean by this? why come near our house? we don't insult you"—he thrust his fist in his face, and asked what he had to do with it—I went to the door to let my son in, and he thrust the door open, and caught me between the wainscot and the door—my son came to my protection and put him out, a policeman came up, or he would have torn me to pieces if he could.
Cross-examined by MR. BALLANTINE. Q. Was not the defendant bound over to appear at the London Sessions? A. Yes—I did not go before the Grand Jury there—I came here and preferred the bill—I did not give the defendant notice that I was coming here—I believe he was taken into custody by a warrant—what the at the London Sessions, and so was I, but I was told to come here—what the defendant did to me was to throw the fish-bone in my face, and squeeze me between the door and wainscot till somebody came to
my assistance—he was inside the passage—the door opens inwards—my son works in the Tower—I never said to Sarah Smail that if I sold the bad from under me I would send the defendant to prison.
GEORGE SCOTT. On 18th Sept. last I was at home—the prisoner approached the window—my little brother was there—my mother being afraid that the prisoner, who had preciously hurt him, would hurt him again, went to the window and asked him why he continued annoying my brother—he said he should do so, making use of bad language, and he threw the fish in my mother's face—I went to the window and he thrust his fist in my face, asked me what business I had with it, and challenged me out to fight—at my mother's request I did not go out—she went to the door to let my brother in, and the prisoner shoved the door back and squeezed my mother against the wainscot—I went into the passage and saw him doing so—I put him out.
Cross-examined. Q. What time was this? A. Between six and seven in the evening—there was no one else there at that time—I did not see Edwin Fell or William Rhodes there—I am employed in the Tower—I am not a fighting-man—I never fought a prize-fight.
EBENEZER LUFF (City policeman, 519) On 18th Sept. I was called by the prosecutrix's daughter, who stated that her mother was very much ill—used—I went down the court and found two men holding the prisoner back—he said, "Let me go, let me go, I will smash her, I will do for her before Monday"—Mrs. Scott said, "I shall summons you for it"—I persuaded him to go away into a public-house—about ten minutes after I heard a noise down the court and found he was at the window, challenging young Scott to fight—I persuaded him to go away—in about a quarter of in hour he was back again making a disturbance—I said if he did persist in making a noise there I should take him to the station and lock him up—he again went away and I heard no more.
Cross-examined. Q. You saw no assault? A. No—it was between seven and eight o'clock that he said he would smash her—that was after the alleged assault—I did not hear Mrs. Scott use abusive language—I have not heard her do so—there were several persons there—the two who had hold of him were persuading him to go away.
MR. BALLANTINE called
EDWIN FELL. I am the defendant's brother, and am a wine-cooper in Duck-street, Whitechapel. I went to my brother's house on 18th Sept., about a quarter past seven in the evening, to borrow a tool—I saw his lip cut, and his mouth bleeding—he told me something about it—I did not see it done, but afterwards, between seven and eight, as we were proceeding towards the Minories, I saw him knocked down by George Scott, and Mrs. Scott looked out of window and said, "Give it him, George; give it him; you can do it; he is bound over to keep the peace, and he can't hurt you."
SARAH SMAIL. I live in Worley-court. On 18th Sept., about half-past seven in the evening, I went to fetch my little boy in—I passed Mrs. Scott's door, and saw her and her husband and two sons come out together, and I heard George say he would settle the b—.—I saw no blow struck—I saw Fell's mouth cut and bleeding—Mrs. Scott told me on the Monday following that she was determined to put Fell into prison, provided she sold all she had.
COURT. Q. Did she say why? A. No—she said they had had two or
three words, and that he had thrown the fish-guts or something at her—she did tell me that she had been assaulted.
GUILTY. Aged 31.— Confined One Week, and enter into his own recognizance, and find sureties to keep the peace for two years.
NEW COURT.—Monday, November 22nd, 1847.
GUILTY. Aged 36.— Confined Eighteen Months.
CARTER pleaded GUILTY. Aged 19.
MACKERALL pleaded GUILTY. Aged 18.
Confined Six Months.
GUILTY. Aged 42— Confined Six Months.
6. THOMAS JONES , breaking and entering the dwelling-house of Richard Brook, and another, and stealing 1 cup, value 7l. 7s., their goods; to which he pleaded GUILTY. Aged 36.— Transported for Seven Years.
ANGELINA SMITH. I am the wife of William Smith, a printer, of Cock-lane, Smithfield—it is his dwelling-house, and is in the parish of St. Sepulchre—the prisoner lodged with us for five years—I kept my money between the mattress and the sacking of the bed—she has seen me put money there, and take it from there—I kept it in a little black pocket-book—on Wednesday afternoon, Nov. 10, I took out four half-crowns, which were loose on the sacking, but the pocket-book was there—the prisoner was in the room—I left her there, and told her to lock the door, and bring the key up to me—she did not bring it—I sent the girl, Rogers, down—she came back with the girl, and gave me the key, and then went out with my daughter and another person—the prisoner borrowed 6d. of me before she went out—I saw her go—it was about four o'clock in the afternoon—she did not return—at four the next afternoon, I looked at the place where my money was—I had never left the place then till then—I missed two 5l. notes—I said to the girl, "I have lost two 5l. notes"—she said, "Mrs. Jones has got them, I know"—I had had
four 5l. notes there a day or two before—I did not see the prisoner again till the following Saturday, when I gave her onto custody.
Cross-examined by MR. PAYNE. Q. Did she not come home on the Friday? A. Yes, on Friday afternoon—no one occupied the room where I kept my money but myself—I sleep there—I had no reason for the prisoner going into that room with me—I trusted her everywhere—I had no suspicion of her—I wanted to go up stairs with the four half-crowns for my daughter, who was waiting, and left the prisoner to lock the door—came up with the girl a few minutes afterwards—I do not think the prisoner drinks much, nor do I to hurt myself—I have worked thirty-three years for Mr. Smith, of Gough-square—the prisoner and I might drink a little together—my husband and daughter knew nothing about this money, only the prisoner and I knew of it—I never gave the prisoner two 5l. notes to take care of when we had been drinking together—we had been out that day—we had been to my daughter's—I do not know exactly where she lives—we had a pot of beer when we came home—when we had it I fetched the four half-crown—I wanted some loose silver in my pocket—I know nothing of a 5s. subcription for a goose—I heard that the prisoner paid 9s. 3d. out of my 5l. notes, but they were not changed in my presence, nor did I tell her to do it—I did not know Mr. Poole's, in Bartholomew-close, till I was taken there—the prisoner knew that I was in a goose-club in King-street—I did not give her any authority to subscribe for the goose—I have got 6l. 10s. of my money back—I had saved the money out of my earnings.
LOUISA ROGERS. I live with Mrs. Smith. I was on the stairs when she came out of her bedroom that day—I then went into the room, saw the prisoner there, and stepped on the hearth-rug—she did not know I was behind her—she put something down by her side—I said, "What have you got there?"—she said, "Here are two sovereigns in the box, and the notes in the book"—I said, "Put them back again," and she did; but I heard some-thing crush in her hand—I saw my mistress's pocket-book in her hand, and told her to put it back—she came out of the room, locked the door, and gave the key to my mistress—she went out in about a quarter of an hour, took her child with her, and did not come home till Friday night.
Cross-examined. Q. She went out with your mistress's daughter? A. Yes, but she left her at the top of the lane—my mistress and the prisoner were very social—I have lived there ever since I was eight years old—the prisoner came back on Friday to give herself up—Mrs. Twiss went out with the prisoner—she was a friend of my mistress's daughter.
JOHN RYAN. I am a tailor, in Bartholomew-close. I have known the prisoner eleven years—she used to come regularly to work, unless she went out with her mistress to have a drop of drink—she did not come on Wednesday, Nov. 10, and on Thursday I went to Mr. Abrey's beer-shop—the prisoner was sitting there—she said she wanted to speak to me, and said would I get a drop of gin—I sent for it, and we went to her first-floor front room—she told me she had left 7l. 10s. in trust with Mrs. Abrey, to take care of, and she would take it back again—Mrs. Abrey came in, and I said, "Hand back this money to this women, and let her take it back'—she said, "No, I will not give it up to her"—I raised the window, called the policeman, and said, "I will give both these women into custody"—he said, "Have they robbed you?"—I said, "No"—he said, You have been drinking, I cant take them"—I went to Mrs. Smith, and gave her notice—on the Friday Mrs. Albrey gave up some money.
Cross-examined. Q. Was the prisoner sober? A. No—she had not come to work on Monday, Tuesday, or Wednesday—I know Mr. Poole's—there is a goose-club there—she told me she was entrusted with some money, and had lost a portion of it, and given the rest to Mrs. Abrey, to take care of till she got the money to take back to the person—Mrs. Abrey gave the policeman 5l. 13s. 6d., and said she would give up the rest by another instalment—the prisoner had a very good character—I never met with a better—I know that Mrs. Smith and she have been out together, and Mrs. Smith has sent to my house for the prisoner to go for money for her, and I have seen money of Mrs. Smith's in the prisoner's hand at my place—I advised the prisoner to go to her landlady, and put her in possession of how she was situated, and she would do the best she could for her—I was not with her when the note was changed.
MARY ABERY. I am the wife of William Abrey, of the Adams' Arms, Bartholomew-close. On 10th or 11th Nov. the prisoner brought me a 5l. note to change—Ryan came with her—they were both drunk—I sent out twice for change, and did not get it—a gentleman came in for a glass of ale, and gave me change—Ryan asked me for the note or the change—he said it was his note—I would not give it up—he sent for an officer, who came to our door, but he would not take me or the prisoner—Mrs. Smith came to me next morning, before I was up—I gave her the money—the prisoner gave me a 5l. note, a sovereign, and half-sovereign.
Cross-examined. Q. How long were the prisoner and Ryan there? A. All the afternoon—when the gentleman gave me change for she note, the prisoner was asleep in my tap-room, very tipsy—I kept the money, because I had suspicions it was not right—I made use of 16s. 6d. of it, thinking I could make it up next morning—I thought I had let my house—I intended to give it to the owner—if I had not found her owner I should have advertised it.
CHARLES CHURCHILL (City policeman, 278.) I took the prisoner—I got from Mrs. Smith four sovereign, two half-sovereign, three half-crowns, three shillings, and one sixpence—she said received it from Mrs. Abrey.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy by the Prosecutor and Jury. — Confined Six Months.
8. JOSEPH LOVEGROVE , stealing 1 jacket, value 4s. 1 knife, 6d. and 1 comb, 3d. the goods of John Barber; having been before convicted; to which he pleaded GUILTY. Aged 52.— Transported for Seven Years.
GUILTY. Aged 17.— Confined Four Months.
GUILTY. Aged 25.— Transported for Seven Years.
between five and six o'clock in the evening—the fowls were all safe when they were fed that day—I know the prisoner well.
GEORGE HILL TRYER. (policeman, T 187.) On the morning of 17th Nov. I was on duty at Staines—I had been by Mr. Holgate's yard the night before—I saw the fowls all safe then, and a sheet over a chain—between two and three o'clock I went down again—the fowls and sheet were gone—I know the prisoner—I had marked his door that night by putting a rose-bush at it at eleven o'clock—I had seen him safe in his house at eight o'clock in the evening, and had passed his door every hour after that—I afterwards went to his house, and found the rose-bush was dropped down—I think the door had been opened—it is a bye-place, not where people pass—I asked for admittance, was let in, found the prisoner there, and asked him where he had been—his wife said to him, "You have been on to it again"—I then asked him whether he had got anything in the house—he said he had not—I searched, and found this sheet under the bed, and this fowl wrapped up in it, quite warm—this sheet has Mr. Holgate's initials—it is such a sheet as I had seen hanging up at his premises—I took the prisoner, took his boots off, and the sergeant and I fitted them to some marks in Mr. Holgate's yard—they exactly corresponded.
Prisoner's Defence. The officer brought the sheet and fowl to my house, and put it under the bed; I was in-doors by a quarter past six on Tuesday evening, and was in bed by eight; I never went out till the officer came on Wednesday morning.
CHARLES BUTLER (police-sergeant, T 1.) I produce a certificate of the prisoner's former conviction—(read—Convicted 31st Jan., 1842, having been before convicted; confined six months)—the prisoner is the man—he has been tried here since then, and at Horsemonger-lane.
GUILTY. Aged 43.— Transported for Seven Years.
MARTIN M'MAHON. I am in the employ of Mr. Holmes, of High-street, Putney. On Thursday evening, 11th Nov., I was going over Putney-heath, and saw the prisoner driving two donkeys off the heath—I did not know him before, but am sure he is the person—I knew the donkeys—one of them was Mr. Biggs'; the other had been his, but he had sold it—I called to the prisoner, and said, "Those donkeys don't belong to you"—he mocked me, and said, "Who are you?"—he came to me, and I thought he was going to hit me, but I stood still, and he let me alone—I have since seen the donkeys at Guildhall.
Cross-examined by MR. HORRY. Q. Did the prisoner driver the donkeys away? A. I went away, and saw no more of him—he said the donkeys were his, and what business had I to interfere with him?
FREDERICK WHITE (City police-sergeant, 9.) I saw the prisoner on Friday afternoon, 12th Nov., in Giltspur-street, with two donkeys—one of them was the one Mr. Johnson claims—I asked him where he got them—he said he bought them of some gipsies Wimbledon-common.
Cross-examined. Q. He told you where they had been kept? A. Yes, at his father's, and gave me his address.
has been shown me by the officer—it is mine—I kept it in a yard by the side of my house—it had been the property of Mr. Biggs for some time—it had wandered away.
Cross-examined. Q. Do you know Putney-heath? A. Yes—I live two or three miles from it—I do not know that there was any gipsy encampment there.
Cross-examined. Q. Do you know there had been gypsies on the Common? A. I had not seen any.
MR. HORRY called
MARY ANN FORD. I am the prisoner's mother. He brought home one donkey on the Tuesday evening, and another on Thursday evening—he put them into a little shed which he built in the back yard—he told me he had bought them—I know he had been saving up money for some time—he used to take linen home from laundresses—he had always been a good boy.
(No evidence was offered.)
MR. CLARKSON conducted the Prosecution.
WALTER HILLS, ESQ. I am a barrister-at-law, and live at 3, Hanover-terrace in the parish of St. Mary Abbots, Kensington—it is my dwelling-house. The prisoner was in my service from Feb. till 9th Oct., when she left—I had found some fault with the state of the house on my return from the country, and she gave notice, and left—before she had left, and afterwards, we missed some articles, but we did not miss this ring and pin till they were found at the pawnbroker's—I ascertained the prisoner had been living at Mr. Walton's, in the Colonnade—the policeman went there, and brought me the duplicate for the ring and pin, which I took to Harrison's, the pawnbroker's, in Drury-lane—they produced the ring and pin which I had purchased—this is the pin—it cost ten guineas—I had been to Ely, and returned on 9th Sept.—Mrs. Hill had the ring—I do not know whether that had been in the country, but the pin had—I had worn it in the country, and it must have been taken after our return.
DAVID WATERS. I live at 17. Colonnade, Brunswick-square. On 23rd Oct. the prisoner took a furnished back room on the first floor of me—she left, without notice, on 3rd Nov.—she had paid me one week's rent, and left one week unpaid—after she left I found five duplicates in her room, one of them for a ring and a pin—I communicated it to the police, and the officer came, and I delivered the duplicates to him—this is the ring and pin.
FREDERICK NEWLY. I am assistant to Messrs. Harrison and Co., pawnbrokers, Drury-lane. This is one of our duplicates—I took this ring and pin in pledge, to the best of my belief, of the prisoner—I advanced 16s. on them—that was all that was asked—she gave the name of Anderson—I asked if they were her own, and whether she was a housekeeper or lodger.
Prisoner. It is false; you did not ask me any question.
of them is for this ring and pin—I went to Messrs. Harrison's, in Drury-lane, and found the property there—I took the prisoner on 13th Nov., in North-street, Manchester-square.
GUILTY. Aged 26.— Transported for Seven Years.
(There was another indictment against the prisoner.)
OLD COURT.—Tuesday, November 23rd, 1847.
Before Mr. Recorder and the Second Jury.
GUILTY. Aged 17.— Transported for Seven Years.
(A girl, named Mary Ann Turford, was convicted of this offence at the last Session [See Vol. 26 page 1220]; but the prisoner stated that she knew nothing of it; that he took the watch, and gave it to his uncle to sell, to whose possession it was traced; and that his mother had sworn falsely on Turford's trial, for whom, a communication being made to the Secretary of State, a pardon was obtained.)
MARY LEA pleaded GUILTY. Aged 45.— Confined One Day, and to enter into her own recognizances for two years.
17. JOHN WOODS , stealing 1 cash-box, value 1s. 17 sovereigns, 16 half-sovereigns, 2 crowns, 12 half-crowns, 119 shillings, 78 groats, and 1 half-guilder; the property of George Kimpton, in his dwelling-house.
GEORGE KIMPTON. I am a licensed victualler, at Steel-yard, Upper Thames-street. On Thursday evening, Nov. 11, about seven o'clock, I left my bar, leaving the prisoner and another man there—from what my wife said, I went from the parlour into the bar, and saw the prisoner leaving the house with another man—I followed, crying, "Stop thief!"—the prisoner went to Hand-court, Dowgate-hill—he was stopped by two officers—I found my cash-box in an officer's hands; there was 38l. 2s., and a foreign coin in it—it as kept in a cupboard in a corner of the bar—you must get within the bar to get to it.
Cross-examined by MR. CLARKSON. Q. Where was it kept with reference to the counter? A. It is a circular bar, the door is six or seven feet from the cupboard, but they could get inside by opening the door—none of my family were at the bar—they were in the parlour—that does not give a view of the bar—there were no persons outside the bar besides the prisoner and the other man, that I know of—I had not the command of the bar from where I was, but I should have got up if the outer door had opened—it could have been done by a boy creeping in on his hands and knees—there was a younger person with the prisoner, who had not been taken—I saw two persons leaving
the house—I do not know how many there were before them—two other persons have been taken, but without my sanction—they were before the Magistrate—there is a door at one end of the bar, and a cupboard at the other, in which the box was—no person could have reached the cupboard without opening the door, unless they reached over, which would be a great deal of trouble—I do not think that is the way they got it—there is a lock to the door—it was locked at the time—it was dark.
HENRY FINCH (City policeman. 440.) On Thursday evening, Nov. 11, about seven o'clock, I was on Dowgate-hill, speaking to another constable, I heard a cry of, "Stop thief!" saw the prisoner running up Dowgate-hill with another person, and stopped him, he being the nearest to me—in so doing he fell down, and I fell too—I did not see anything, or see him do anything, before I stopped him—I did not see him put anything anywhere—I was examined before the Magistrate—this is my name and writing to my deposition—it was not read over to me before I signed it—I saw no cash-box picked up—in getting up I saw this cash-box in a door-way; I picked it up—I did not see how it got there.
(The witness's deposition being read, stated, "I saw Wilson running towards me, and observed him place the cash-box, produced, in a door-way; I seized him, and falling, pulled him down on me; I searched him, and picked up the cash-box.")
Q. How do you reconcile that with what you have said to-day? A. I did not search him, the other constable searched him—I believe he put the cash-box there, because he was the nearest to me—the deposition was read over to me before I signed it.
Cross-examined. Q. How many persons were running when you seined the prisoner? A. Five or six, and several others behind me.
COURT. Q. Before you are dismissed, do you wish to after any of your evidence, or to stand by what you have said? A. I believe the prisoner put the box into the door-way, because he was the nearest—I did not see him do it.
WILLIAM GORMAN (City-policeman, 436.) I heard a cry of "Stop thief!" and saw the prisoner running up Dowgate-hill—I did not see him drop anything—I did not see the cash-box—I had him by the collar, and he dropped this handkerchief close to his legs—these seven skeleton-keys, and a picklock-key, were in it—(produced)—I did not see the cash-box till I saw it at the station—I went to the station with the prisoner—I did not see it on the way there—I heard Mr. Kimpton say in the prisoner's hearing, "Where is the cash-box?"—Finch said, "I have got it"—I did not see it, as there was a crowd—there were about half a dozen persons when the prisoner fell with the officer—two of them were officers—they took some other person at the spot—there were several strangers there.
Cross-examined. Q. Did not you see other people running from Mr. Kimpton's besides the prisoner? A. Yes, half a dozen, more or less—I have been in the police nearly seven years.
MR. BRIARLY conducted the Prosecution.
JOHN HARDWICK. I keep the Scotland Arms, and am a bait and livery-stable keeper, at Kensington. On the 25th of Oct. the prisoner came to hire a chaise to go to Hanwell—he gave the name of "Tomlinson," said he was the son of the proprietor of the Blackheath livery-stables, and gave me a card to that effect—I have not got the card; I gave it to the inspector, it is lost—he said he should return the same evening, about nine o'clock—he brought a horse and gig with him, and said his father could put them on a month's job immediately—I let him have a horse and gig—he did not return—I saw him again on Wednesday morning, three days after, at Bow-street—the horse and gig were at the green-yard—they were mine—the harness is worth 5l., the mare twenty-five guineas, and the gig 15l.
Prisoner. Q. When you came to Bow-street, did not you say it was not your harness that was at the green-yard? A. Yes, I found mine at Shephead's-bush—I believe the person there said it was put on by accident.
GEORGE COLEMAN (policeman F 24.) On the night of Oct. 26th, I took the prisoner at the Cyder-cellars, Maiden-lane, Covent-garden, for stealing a cigar-case—the horse and gig were standing at the door—there was a man minding it—the prisoner said it was his—he said something to the man, but I could not hear what—I took him to the station, and ordered another constable to bring the horse and gig there, and sent them to the green-yard.
GEORGE TOMLINSON. I am a job-master and fly proprietor, at the Green Man, Blackheath. I have seen the prisoner once before—he same to me, and asked me to give him the address of the Parcels' Delivery Company, on the back of one of my cards—I did so—he is not my son—I had nothing to do with the gig, or hiring it—he had no communication with me about it.
Prisoner. Q. Did not I meet with an accident in driving down Blackheath-hill? A. Yes—the horse died in my stable.
COURT. Q. Have you got one of your cards with you? A. Yes—(producing one)—he did not represent to me that he was going to hire a horse or gig—he did not ask leave to be called my son—I did not want to borrow a horse and gig, or want one to be brought to the Green Man—I have not seen the horse and gig—I did not lend the prisoner one.
JOHN HARDWINK re-examined. I did not make any bargain with the prisoner—I should have charged him 10s. if he had been home about nine o'clock—I am quite sure he said he was the son of Tomlinson, on giving me the card—it was such a card as this, but it was doubled up, and had on it "Rolls-building, Fetter-lane."
Prisoner's Defence. On 18th Oct. I was returning home from surveying; coming down Blackheath-hill the horse took fright, and ran into one of the Parcels' Delivery Company's horses and killed it; I was thrown out, was severely cut, and three of my rids fractured; I was carried to the Fountain inn, and attended by a surgeon; the house went on to New Cross, ran foul of a gentleman's horse, and injured the gentleman; my gig was smashed to pieces, but the horse was uninjured; on Saturday evening I left the Fountain to go to Mr. Matson, at Deptford, close by, and we rode together to look at the gig, and agreed to fetch it away in the evening to be repaired; I went to the owner, and a man told me there were two warrants against me, one for killing a horse, and the other for furious driving, and nearly killing a gentleman named Hawkins; I was astounded, and started off to London to my friends; on Sunday I went to Richmond, and partly succeeded in raising money to pay the damages; although I had promised to be back, I stopped all night at Shepherd's Bush; the parties all knew me, as I had a large black patch on my nose, which could be described; I went to my friend's at Richmond on
Monday, and next day to Putney; I went to the Cyder-cellars, trying to obtain money, and was apprehended and charged with stealing a coat, and in the morning a man said I had stolen the horse, gig, and harness; the harness was changed by the ostler by mistake for some much inferior; I went to Mr. Tomlinson to obtain the address of the party to whom the horse which was killed belonged.
The Prisoner called
GEORGE JOHN CLUTTON. I live at 38, Queen's-road, Royal-crescent, Notting-hill. On the Sunday after the accident the prisoner put up a horse and gig at my livery-stable at Shepherd's Bush—next morning Mr. Sawyer came for them—he said he wanted them particularly—I did not know what for—I saw the prisoner drive past the stable with Mr. Sawyer's man, and about two hours after the prisoner returned with another horse and gig to go to Richmond.
MR. BRIARLY. Q. What are you? A. Clerk to a harp and pianofortemaker—I have known the prisoner about eight years—he is a surveyor, I believe—I do not know where he lives—I had not seen him for twelve months before the accident—while he was under the effects of it at Deptford he wrote to me—I went to him—he had the appearance of injury.
GEORGE COLEMAN re-examined. The person who keeps the Parcels' Delivery Company in Fetter-lane charged the prisoner at Greenwich police-court with killing his horse, but the Magistrate would not hear anything of it.
MR. BRIARLY conducted the Prosecution.
THOMAS ASSITER. I am in partnership with my brother-in-law, Thomas Knox—we keep the Fountain in the Broadway, Deptford. On 18th Oct. the prisoner was brought there by a police-sergeant and a surgeon, having had an accident—they said he was surveyor to the County Fire-office—I took him in—he staid till Saturday 23rd—I lent him a scarf and a cigar-case—his coat was injured, and he gave it to my brother-in-law, who lent him a coat, and took his top coat, which was covered with blood and dirt, to the tailor's to be repaired—the loan was returned, and Knox wore the coat on the Friday and Saturday—we did not know the prisoner took the coat when he left—we were not aware of his having it again—he did not wear it again, to my knowledge—it was not lent him twice, to my knowledge—I did not lend him anything to take away—he never returned the scarf and cigar-case—he said he was going to New-Cross to get his gig repaired—I saw him next at the Cyder-cellars, in Maiden-lane, at a quarter before twelve o'clock on Tuesday night, with my brother-in-law's coat on—this is it—(produced)—it is a top coat, but he wore his smaller coat, which he has on now, over it—I gave him in charge—he left 5l. 8s. 10d. in my debt—I found he had given the name of Joseph Holmsby at Woolwich—he gave me the name of Sinclair—I went to London on the Monday, and found he had got a horse and chaise, and gone to Notting-hill—I came to London again on Tuesday morning and watched in Buckingham-street for him, about half-past eight o'clock, as he had an appointment to meet Mr. Sawyer there—he did not come—I found him and a chestnut mare described in the "Hue and Cry"—I went to the Cyder-cellars, and saw a chestnut horse outside, I went down stairs, and saw the
prisoner with a whip in his hand—he had the shawl round his neck, and the cigar-case in his pocket.
Prisoner. Q. Had you seen me during the day I left, with your brother's coat on? A. No, if I had I should not have given you in charge for stealing it, as I was not aware you were going away—I thought you were going to return at eight o'clock.
THOMAS KNOX. I am a publican, the brother-in-law of the last witness, and am in partnership with him. On the 20th Oct. I lent the prisoner this coat—I received it back, I think, on the 22nd—I did not lend it him again—I wore it afterwards on Friday and Saturday—I laid it down on Saturday either in the bar or kitchen, where he had access—I missed it on Saturday after he left—I did not give him leave to take it—it was worth 2l.
Prisoner. Q. Do you remember lending me your watch? A. Yes—you did not tell me you should not require the coat when you gave it me back—if you had asked me to lend it you when you were going out I should have done so—I should not have given you in charge if I had seen you going out with it.
COURT. Q. If you knew he was going out not to come back, and that what he was saying was not true, would you have let him go away with it? A. Certainly not.
ANN AUGUSTA ASSITER. I am the daughter of the first witness, and live with him at the Fountain, at Deptford. On Saturday evening, before the prisoner left, I saw him put this coat on and another over it—he took my father's scarf from the bar-parlour table, put it into his hat, and said my father had lent it him before, and he supposed he might have it.
GEORGE COLEMAN (policeman.) On 26th Oct. I took charge of the prisoner at the Cyder-cellars, Maiden-lane—he wore this coat under the one he has on now—he had the scarf round his neck and the cigar-case in his pocket—I told him he was charged with stealing them—he said, "Come on"—at the station he said the coat was lent him—he refused to give his name and address—he was searched, and nineteen shillings and some halfpence found on him.
GEORGE JOHN CLUTTON. I am a clerk, and live at Queen's-road, Notting-hill—to the best of my belief this is the coat the prisoner had on when he came to my house—I said it was a nice coat for shooting—he said he had it for surveying.
Prisoner's Defence. I left the house on Saturday evening to fetch the gig, and received notice that warrants were out against me; if I had not thought I was going to return I should not have thought of taking the coat; I intended to return it when I called to settle the bill.
GUILTY. Aged 23.— Confined One Year.
HENRT DUCKWORTH. I am a salesman at Smithfield, and reside at Finhley. On Monday, 8th Nov., I had perhaps 1,000 sheep in Smithfield—twenty were in a particular pen—I missed one from that pen—the skin now produced (looking at it) I can identify as the skin of the sheep I then lost—it was the property of myself and brothers, and was worth 30s.
Cross-examined by MR. BALLANTINE. Q. I suppose in Smithfield-market it is not unusual for a person to buy a single sheep? A. Out of twenty it is
very unusual—we sell them by the lot—if we have a lame, or tried sheep, it is usual to sell it as an odd one.
WILLIAM CURNICK. I am a butcher, 10 Lower-street, Islington. On Monday afternoon, 8th Nov., I saw the prisoner in Smithfield—I saw him unfasten or unhasp the gate of a pen and let a sheep run out—there were twenty sheep in the pen before—he pushed it along before him up Long-lane, and there tied its legs—I went up, and he asked me to give him a lift up with it—I accused him of stealing it—he said he had not, and he would go back with me to the man he bough it of—I left a witness in charge of him while I went back to see whether he had bought it of Mr. Duckworth—I gave him information, and he missed the sheep.
Cross-examined. Q Did not he say he would go back with you into the market, sheep and all, and point out the man of whom he had purchased it? A. No—he said he would go back with me to the market to the man he had bought it of—I declined doing so, because, I knew he had bought it of no one.
JOHN STOPER. I live at Holloway, and am a drover to Messrs. Duckworth. I put twenty sheep of theirs into a pen in Smithfield on 8th Nov.—I afterwards went to Baldwin-street, City-road, and there saw a sheep in a truck at Mr. Pickford's door—it was a half-bred sheep, marked red on the head—I knew it to be one of the twenty I had put into the pen—it was brought back to Smithfield by a man named Matley, in whose possession I found it.
Cross-examined. Q. Who is the salesman to Mr. Duckworth? A. He sells for himself—he was Smithfield on this day.
THOMAS WILLIAM GOODING. On 8th Nov. I saw the prisoner at the Smithfield end of Long-lane with a sheep on his shoulder—its legs were tied—he put it down, took a piece of red ochre wrapped in paper from his pocket, and marked the sheep with two stripes down the back, and a stripe across—I came up, and the prisoner said he was willing to go back into the market to the salesman of whom he bough it—I remained to watch him, at Curnick's suggestion—the prisoner, after carrying the sheep a little further, drove it up Red Lion-yard, and escaped into Aldersgate-street.
Cross-examined. Q. And the sheep with him? A. Yes—he drove it before him—it went as fast as it could, on the trot—most likely I could have caught it.
EDWARD MAYNARD. I live at 7, Middle-row, Old-street. On 8th Nov., about one o'clock in the afternoon, I saw the prisoner and another man in Middle-row with a sheep—it was taken into a house in Starch-alley by a young woman—they went and fetched a truck and put the sheep into it—I met Stoper and told him of it—the prisoner ran away—the skin produced has the same mark as the sheep I saw.
Cross-examined. Q. Where was the prisoner when you say he ran away? A. In Old-street—he left the sheep—the other man went with the truck dawn Brick-land.
FREDERICK WHITE (City policeman, 15.) I apprehended the prisoner at Mr. Pickford's, in Baldwin-street, on 8th of Nov.—I searched him at the station, and found this piece of red ochre paper in one of his pockets.
Cross-examined. Q. Did you find any money on him? A. No, only a knife and comb.
RICHHARD JOHN YOXALL. I am butcher, at 129, Whitecross-street—the prisoner is my brother. On Sunday, 7th Nov., he made a request of me, and on Monday morning I lent him 34s., between ten and eleven o'clock—he told me what he wanted it for.
JAMES BRANNAN (police-sergeant, G 20.) I produce a certificate which I got at Mr. Clark's office—I was present at the trial to which it refers, and know the prisoner to be the person who was then convicted—(read—Convicted Aug., 1846, of stealing meat, and confined one year.)
GUILTY. Aged 21.— Transported for Seven Years.
NEW COURT.—Tuesday, November 23rd,1847.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY. Aged 12.— Confined Three Months.
GUILTY.** Aged 25.— Transported for Seven Years.
GUILTY.* Aged 19.— Confined Four Months
GUILTY.* Aged 12.— Confined Nine Months.
MESSRS. ELLIS and SHEA conducted the Prosecution.
ELIZA LANGRIDGE. I am the wife of James Langridge—we keep the George public-house. On 5th Nov. the prisoner came for three halfpenny-worth of gin, and a pipe of tobacco—I served him—he gave me a half-crown—I looked at it, and suspected it was bad—I called my husband, and gave it to him—he asked the prisoner where he got it—he said he worked for it—my husband asked if he had any money to pay for what he had had—he gave him another half—crown from his waistcoat-pocket—I gave him 2s. 4d. change—my husband kept the two half-crown in his hand, and gave them to the policeman—as soon as I saw the second half-crown, I said it was bad, my husband put it into the till—he did not throw it into the till—there were other half-crowns there.
Prisoner. There was a man and woman at the bar who both changed half-crowns. Witness Yes, but they were put into the till, and the till was closed.
JAMES LANGRIDGE. On Friday, 5th Nov., between ten and eleven o'clock, I saw the prisoner in front of my bar—my wife gave me a half-crown, and asked if it was a good one—I said, "No"—I told the prisoner it was bad, and asked where he had got it—he said he worked for it—pressed him as to who he worked for—he then said, "Between you and me and the post, I don't know where I got it"—I said he must pay me for my gin and tobacco—he gave me another, and I said, "I think this a good one"—my wife gave him the change—I kept the first half-crown in my left hand, and the second I put in the front of the till, where there was no other silver—I found that that was also bad, and I went round the counter, told him so, and asked him to give me the 2s. 4d. back, which he did—I would not let him go away, and he said, "I will go and sit in the tap-room"—he went in, and spoke to a man there, who gave him a fourpenny-piece, and the prisoner handed the man something very slily—I kept both the half-crowns in my hand till I gave them to the policeman.
Prisoner. Q. Did you not say the second was good? A. I said I thought it was good, but as soon as it dropped into the till I saw it was bad.
Prisoner. Q. When you came in, did I say anything? A. You persisted that you had only given one half-crown.
Prisoner's Defence. I gave my half-crown, and they said, it was not good; I gave him another, which was good; her said, "This is something like;" he put it into the till, and they gave me 2s. 4d. and just as he was going to shut the till, her discovered another bad one; he picked it out amongst six or seven; he says now it was put in the end of the till; for what reason was it put there if he thought it was good; if I knew I had a bad half-crown in my pocket, I should not have passed it to him.
JAMES LANGRIDGE re-examined. We put the money in the front of the till—the till is on the decline, and every time it is shut the money goes to the back with the other, but the till was not closed after he gave me the second half-crown, and it had not gone with the other money.
GUILTY. Aged 32.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SARAH ANN NEWBEGIN. I am the wife of John Newbegin, a butcher, in Bethnal-green-road. On Saturday evening, 23rd Oct, the prisoner came in about nine o'clock—he asked for one pound of beefs-teak—my husband cut it for him, I weight it, put it in paper, and gave it him—he gave me a crown-piece—I turned it over, and threw it into the till—there was no other crown there, I am positive—after I had put it in, I observed it to be bad by the side of the other silver—I took it, and gave it to my niece, who handed it to my husband—he asked the prisoner how he came by it—he said he took it of his master, whose name was Jones, and lived in Hope Town—afterwards, while our man was gone for a policeman, he said he took it of Mr. Brown, in Brick-lane—he was given into custody.
Prisoner. Q. When I gave you the crown, how many times did you
sound it, and look at it? A. Not at all—I just turned it over in my hand, and put it into the till—I did not lay it down or give it to my niece.
JOHN NEWREGIN. The prisoner came on 23rd Oct. for a pound of beefsteak—he gave a five-shilling piece, which was put into the till, and taken out, and given to my niece—she gave it to me—I perceived it was bad—I told the prisoner it was bad, and asked where he had got it—he said of his employer, Mr. Jones, of Hope Town—I said, "Send for a policeman"—the prisoner would have walked away, but I would not let him—I kept the crown in my hand till I gave it to the policeman.
EDWARD BILTON (policeman, K 300.) I was called to Mr. Newbegin's shop, and took the prisoner into custody—I received from Mr. Newbegin this crown-piece—I found on the prisoner 1s. 1 1/2d. in good money—as we were going to station, I asked him who Mr. Brown was—he said he was a something, he was a man who sold things.
MARY CLEMENTS. I am the wife of George Clements, a cow-keeper, in Green-street, Bethnal-green. On 29th Oct., about ten o'clock in the morning, the prisoner came for a pint of milk, and two three-farthing eggs—he laid down a coin—I asked him what he called it—he said, a crown he had just taken—I said I doubted it, and at that moment a person came in, and wished him to be detained—I sent for an officer, and gave him into custody—I gave the crown to the officer.
GUILTY. Aged 20.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ANN SAYERS. I am a widow, and keep a tobacconist's shop, in Crawford-street, Marylebone. On Thursday, Oct., the prisoner came, and asked for half an ounce of common shag tobacco, which came to 1 1/2d.—she gave me a shilling—I gave her 10 1/2d. change—I laid the shilling on the counter, as another customer came in, and did not examine it—after the customer was gone I took it up, and found it was bad—I am sure it was the shilling I had received from the prisoner—I had no other—the other customer paid me a half-crown—I marked the shilling, and kept it apart from other money till I gave it to the policeman—on the Monday following, the 25th, the prisoner came again for half an ounce of common shag tobacco—I recognised her directly—I served her, and she paid me with another shilling—I noticed that it was bad, and told her she had given me a bad one similar to that on the Thursday before—she said I must be positive in what I said—I sent for an officer, and gave her into custody—I gave him both the shillings, having first marked them.
SAMUEL CHESTER (policeman, D 23.) I was called into Mrs. Sayers' on 25th Oct.—I received from her these two shillings, and took the prisoner into custody—she said she could prove where she had been all the week before, and denied having been there on the Thursday—a halfpenny was found on her at the station.
Prisoner's Defence. I was never in the shop before.
GUILTY.* Aged 23.— Confined One Year.
MESSRS ELLIS and BODKIN conducted the Prosecution.
JAMES FREDERICK HEAP. My mother keeps the Prince of Orange, in Philip-street, St. George's. On 6th Nov. the prisoner came to my mother's bar, called for a pennyworth of gin, and gave me what resembled a shilling—I gave him 11d. change—I then took up the shilling, tried it by a test which we have in the till, and found it was bad—I gave it to my mother—I tried to get the prisoner but he was gone—Mr. Solomon came in—I showed him the shilling, but he did not have it in his hand—I cut it, and put it on a recess—on the following Monday, the next day but one, the prisoner came again, about seven o'clock in the evening—I knew him directly—he asked for a pennyworth of gin—I went and told my mother, then came back to the prisoner, and served him a pennyworth of gin—he laid down a counterfeit shilling—I took it up, applied the test to it, and it was bad—Mr. Solomon was there—he detained the prisoner, and we got an officer—I told the prisoner he had tried it on before with me—I marked the shilling, and gave them to the policeman.
Prisoner. I was at your house on the Monday, but not on the Saturday. Witness. I am quite sure he is the man who was there on the Saturday.
GUILTY. Aged 26.— Confined Six Months.
EDWARD FIELDS BARBER. I keep the King's Head, in Great Tower-street,—the prisoner was in my service—I had an umbrella left by one of my guests on Friday night; early next morning he sent for it, and I could not find it in the coffee-room—it was found between the prisoner's mattress and featherbed—he gave it to the officer—this is it—it had no business in the prisoner's bedroom.
Cross-examined by MR. PAYNE. Q. Did you ever see it before? A. No—I know it only by the owner's describing it to me.
EDWARD FIELD BARBER. The prisoner was in my service—I thought it necessary to search his box, and found seven bottles of wine at the bottom of it, wrapped in cloths—I found great fault with him for robbing me—he confessed it was my wine, and said he was very sorry.
Cross-examined by MR. PAYNE. Q. Is it yours? A. Yes—the house is mine—the licence is not in my name—I have a house in another neighborhood—my sister holds the licence—the property is mine—the Magistrates know that—I told them so—this wine had been in my cellar—I had not for—given the prisoner for this—I intended to forgive him—he denied it at first, and said his cousin had bought it; but he afterwards said it was mine—I did not give him into custody—if he had behaved himself well to the end of the
week, I should have let him continue; but when I found he had robbed one of my guests of the umbrella, I prosecuted him—I had entertained a high opinion of his honesty before.
GUILTY. Aged 23.—Recommended to mercy by the Jury and Prosecutor. Confined Three Months.
MARY CROUGHAM. I am a servant out of place. I lived with the prisoner for a week—when I went there I had a bundle of clothes—on 9th Nov. I went to see the Lord Mayor's show, and when I came back the prisoner was drunk, and my bundle gone—I asked what she had done with the bundle of things—she said she had pawned them—I asked where—she would not tell me—I did not owe her anything.
Prisoner. Q. Did you not bring down the shawl, and give it me? A. No—I have been kept out of a situation all this time, having no clothes—I am twenty years old—I have been in London twelve months—I had been in service before.
JAMES BLOGG (policeman, G 124.) I took the prisoner—she at first refused to tell me anything—after the first examination she told me she took the clothes and left them at a leaving-shop, in Playhouse-yard, and she did not know where.
Prisoner. She took the things herself; and both she and my husband said they did it to get me out of the way.
GUILTY. Aged 40.— Confined Six Months.
JONES* pleaded GUILTY. Aged 19.— Confined Six Months.
WILLIAM JACKSON. I am Captain of the Ravensburg. I was on Tower-hill on Nov. 1, looking at a puppet-show—the policeman asked me if I had lost anything—I said, "Yes, a handkerchief," which I had in my pocket—he said, "Can you swear to it?"—I said, "Yes, it was a red silk handkerchief"—this is it.
JOHN DAVIS (City policeman, 55.) About half-past eleven o'clock on the morning of 1st Nov., I was on Tower-hill—I watched the two prisoners together, about ten minutes, looking at Punch and Judy—I saw Jones put his hand into the prosecutor's pocket, and draw out this handkerchief—he put it into his own pocket—Watson was close behind him—he might possibly know nothing about it.
WATSON— NOT GUILTY.
MR. METCALF conducted the Prosecution.
HENRY ROUSE. I am shopman to Mr. Fell, a corn-chandler, at Kensington. On 20th Oct. I saw his cart go towards the granary, between three and four o'clock—I was afterwards standing at the corner of King-street, and saw Hawkins bring a sack full of something down a private court, which leads to our granary—he crossed the High-street, went to King-street,
and took it into Mr. Blake's stable—Key was standing behind the stable-door when he came in—he followed Hawkins with the sack on his back into the stable—I informed my master, and after that I saw Hawkins and Ridley in close conversation together, come out of the court—I noticed that the sack was turned inside out.
Cross-examined by MR. CHARNOCK. Q. Ridley is the man against whom the bill has been thrown out? A. Yes—he and Hawkins came out of Market-court in deep conversation—I believe Key is servant to Mr. Blake—I am not aware that he was assisting our carman that day—I have heard that Hawkins is a strapper, a man who carries things for anybody—I saw him come out of a private court, which leads to a brewhouse, belonging to a Mr. Hawkins—the court is adjoining to our premises—you can go up it to our premises—the cart went up Church-court—Mr. Blake is a cab-proprietor—he has till lately bought corn of my master.
WILLIAM WARWICK. I am a carman to Mr. Fell. I fetched ten quarters of oats, and a bushel of tares, from Paul's-wharf, for him, on 20th Oct.—I got to the granary with them about half-past three o'clock—I took five or six sacks into the granary and laid them down—I did not shoot them—I took my shovel, as I had got a heap of oats to move—I was up there ten minutes or a quarter of an hour—I could not then see the cart—my master came and spoke to me some time afterwards—I did not miss a sack—I had fetched twenty from Paul's-wharf; and there were but nineteen.
Cross-examined by MR. CHARNOCK. Q. Did you ever miss one? A. No, I did not; I loaded the cart, and counted twenty sacks—I had them shot down to me in the cart from above—I did not stop on the road; I had no money, or else I should—we use the sacks for the coals, and I turned them to make them clean for the corn—as I was going down the ladder I saw Ridley, he was assisting me—I told him I would give him 2d. another day—I do not know Hawkins.
THOMAS FELL. I am a corn-chandler. I went to my granary on 20th Oct. in consequence of something that was told me—I counted and missed one sack—I went to Mr. Blake's stable with the policeman, went up stairs, and under about three-parts of a truss of hay I found this sack, turned inside out, with oats in it—I sent the officer to my granary for a sample of the oats that had just come in, compared them with the oats in the sack, and I believe they were mine—the sack was marked with my name—Hawkins had no business with my oats—I do not know him—I know Key, as servant to Mr. Blake—I had not sold any of these oats to Mr. Blake.
Cross-examined by MR. CHARNOCK. Q. It is difficult to swear to oats? A. I can swear to these—Mr. Blake is occasionally a customer of mine—he had dealt with me perhaps within a fortnight of 20th Oct. for a sack or a bushel of oats.
Cross-examined by MR. ROBINSON. Q. Did you see Mrs. Blake there? A. Yes.
JAMES ROGERS (policeman, F 143.) I took Hawkins into custody—Mr. Fell asked him what he had done with the sack he had on his back half an hour ago—he said he had no sack—Mr. Fell said, "If you will come with me, we will go and see if we cannot find one"—we all went over to Mr. Blake's premises—Key came in while we were searching—this is the sack of oats we found there.
Cross-examined by MR. CHARNOCK. Q. Did not Mr. Fell say, "You have carried a sack of mine to Mr. Blake's? A. No, he did not say, "My
sack"—Hawkins did not say, "I know nothing further, only Ridley asked me to carry a sack to Blake's—he appeared very much confused—he was not tipsy—it was about four o'clock.
(Hawkins received a good character.)
HAWKINS— GUILTY. Aged 33.— Confined Six Months.
KEY— NOT GUILTY.
JAMES CRISP. I am shopman to Mr. William Grady Mott, a jeweller, of 36, Cheapside—it is his dwelling-house, and is in the parish of St. Matthew, Friday-street—at a quarter before ten o'clock in the morning, on 19th Nov., I heard a crash at the window—it had been quite sound before, and I saw the prisoner, through the window, with a tray, containing twelve watches, in his hand—I ran out, and seized him with the tray in his band—he had not moved from the window—he struggled, but I kept him—the watches were my master's property.
Prisoner. Distress drove me to it.
GUILTY. Aged 25.— Transported for Seven Years.
THOMAS SERGEANT. I am a law-stationer, in Took's-court, Lincoln's-inn. On 9th Nov., between five and six o'clock, I was going through Cheapside, I felt something at my pocket—I turned, and my handkerchief was gone; I had seen it not a second before—Denning was near to me—I observed him step into the road where Benningne was—there was a movement of the hand, and something passed from Denning to Benningne—the officer took them into custody, and my handkerchief was taken from Benningne—this is it.
GEORGE HUBBARD (City policeman, 171.) Mr. Sergeant came and told me that two lads had picked his pocket—I went, and took Benningne, and on undoing his jacket this handkerchief fell from under his arm.
Cross-examined by MR. BALLANTINE. Q. Where did you take them? A. Near King-street, Cheapside—one of them was on side of the way, and the other on the other—I believe it was about a minute after the robbery.
THOMAS SERGEANT re-examined I called the policeman's attention to it as soon as I saw him—the prisoners had dispersed, and went one on one side, and one on the other.
Cross-examined. Q. How do you know the handkerchief to be yours? A. By the pattern; there is no mark on it—it is one of a set I had recently had.
(Denning received a good character.)
BENNINGNE— GUILTY. Aged 18.
DENNING— GUILTY. Aged 18.
Confined Three Months.
GUILTY. Aged 62.— Confined Three Months.
JOHN WOOLLERD. I am shopman to Mr. Thomas Bowtell, a bootmaker, 58, Cheapside. On 10th Nov. the prisoner came into the shop, took a pair of galoshes, and went out—I followed him round Bow-lane, and took him with them—they are my master's—these are them (produced.)
Prisoner. I had no clogs on me. Witness. He dropped them.
GUILTY. Aged 20— Confined One Year.
GUILTY. Aged 18.— Confined Three Months.
MR. WILDE offered no evidence.
(There were three other indictments against Rowe, upon which MR. WILDS offered no evidence.)
OLD COURT.—Wednesday, November 24th, 1847.
GUILTY. Aged 30.— Confined Six Months.
Before Mr. Justice Coltman.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
CALEB EDWARD POWELL. I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of John Walker at this court last April Session—I have examined it with the original record in Mr. Clark's office, and it is a true copy—(read—Convicted, and confined six months.)
GEORGE STANBURY PEDLER. I am a chemist and druggist at 199, Fleet-street. On Wednesday evening, 10th Nov., the prisoner came to my shop about seven o'clock and asked for a pennyworth of Epsom salts and the same quantity of pillacotia—I served him—he threw down a shilling, which I suspected to be a smasher, by the peculiar manner which these persons have of throwing down their money, giving it a ring on the counter—I took it up, and immediately walked round and secured the door—I looked at the shilling, saw it was bad, and said, "Why, you have given me a bad one"—he said, "If I have I will exchange it"—I said, "That will not do, it is a system with you, I shall give you in charge"—I asked his address, and he gave it 6, Field-lane—I had never seen him before—I sent for a policeman—Loder came—I marked the shilling and gave it to him—he took it away with the prisoner.
BENNET LODER (City policeman, 343.) On 10th Nov. I was called into Mr. Pedler's shop, and he gave the prisoner into my custody, charging him with attempting to pass a bad shilling, which he marked and gave me—I searched the prisoner at the station, and found twopence in cooper on him—he stated at the station that a gentleman gave him the shilling, and told him that he would give him sixpence if he would go into the chemist and druggist's and bring him a pennyworth of salts—I took him before a Magistrate—he was remanded and ultimately discharged on 13th Nov., about one o'clock—I produce the shilling.
Prisoner. I said my master gave it me, and not a gentleman. Witness. What I have stated is quite correct.
GEORGE GRAY. I keep a coffee-shop in Water-lane, Blackfriars. On Saturday evening, 13th Nov., the prisoner came there between seven and eight o'clock, and asked for a cup of tea and some bread and better—my wife served him—it came to twopence-halfpenny—he gave me half-a-crown—I saw it was bad, bit it with my teeth, marked it, and said, "This is a bad one"—he said, "I have just received it from my master"—I gave it him back, and said, "You had better give it back to your master again"—my wife went to the door and called a policeman—Barber came and took the prisoner into custody—I went to the station, and saw Barber produce the same half-crown that I had marked—this now produced is it—these are the marks I made with my teeth, on the reverse side—I noticed the marks I made on it before I gave it him back—Barber produced it to me not a minute after I got to the station—he and the prisoner went on one side of the way to the station, and I on the other, and met them there—I did not lose sight of the prisoner.
Prisoner. Q. Did not you take the half-crown into the parlour, and then to a baker's shop? A. I went out at the door to look for a policeman, and went into a baker's shop—I did not say anything to you about its being bad before I went out—I bit it before I went to the baker's—I did not part with it—I returned to my shop in less than a minute—I then told you it was bad, and gave it you back—my wife was looking for a policeman in the meantime—I did not give the half-crown into anybody's hands—on persons came in when I returned, except a young man from Radley's hotel on a
message to me—you were then sitting at your tea—I did not part with the half-crown to him, nor was it ever out of my possession till I gave it back to you—I told you to drink your tea and be off as quick as possible, but you did not seem to be in a hurry—you said you were an old customer, but I had never seen you before—you were out on the step when the policeman came—I kept my eye on you—it was between the lights, and I just lost sight of you as the policeman was taking you to the station; but it could not be much, for I was close to you.
JAMES BARBER (City policeman, 322.) On Saturday, 13th Nov., I was called to Mr. Gray's, and took the prisoner into custody—he was standing opposite the door—Gray said that he had passed a bad half-crown, that he had marked it and given it him back again as he had stated that he had got it from his master in the Gray's-inn-road—I said to the prisoner, "Let me look at the half-crown if you please"—he gave it me, and said, "I took it from Mr. Smith, bootmaker, in Gary's-inn-road"—I took him to the station, and found on him two silver fourpenny-pieces, and fourpence in halfpence—I produce the half-crown—I have kept it ever since, separate from other money—I went to Gray's-inn-road the same evening, but found no such person there as he named, or any one that knew the prisoner—I found a person named Smith, a bootmaker, in Henry-street, leading out of the Gray's Inn-road.
(The prisoner put in a paper, begging for mercy, stating that he was by trade a boot-maker, and that he committed this offence in consequence of his having been discharged from the House of Correction without a farthing in his pocket.)
GUILTY. Aged 25.— Transported for Seven Years.
45. JAMES MORDEN, THOMAS SHIRES , and THOMAS CUMMINGS , feloniously assaulting Richard Henry Hibbs, putting him in fear, and stealing from his person and against his will, 1 watch, value 20s. and 1 guard-chain, 5s. his goods; and beating, striking, and using other personal violence to him.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
RICHARD HENRY HIBBS. I am a butter-factor at Beer Regis, Dorsetshire, On 9th Nov., about twelve o'clock, I was in King-street, Cheapside, near Guildhall, going to Lawrence-lane, and saw the three prisoners—I got into the crowd, and several persons all at once fell on me—the prisoner Morden hit my hat over my eyes—I saw him strike it—they then knocked it off—some friend took it up, and gave it me—I had a stick in my hand—I got from the middle of the road on to the foot-pavement, from them—the prisoners are three of them, I am sure—I had a butter-knife in my hand, which I had just bought, wrapped in brown paper—they fell on me—Shires got me against the wall, and butted me in my face with his head—they got me my stick away from me—I cannot swear who got it away, as they got me down—I struck Shires with the knife in the paper—I tried to defend myself with the stick first, and then with the knife—I do not know that I was struck with the stick, I fell on the pavement through their violence—while Shires was butting me I saw my watch go from my waistcoat pocket—I cannot say who took it—it was secured round my neck by a silver chain, which broke, and I lost both watch and guard—Morden had a tight dark cap on, with a green peak in front—I did not see that I wounded any of the prisoners with the
butter-knife—when I struck Shires with it they let me go, and some people in King-street pulled me into a house, a policeman brought Shires to me there a few minutes afterwards—I went to the station about a quarter or half an hour after, and found Morden there—I saw Cummings standing at the station-house door, in Moor-lane, pointed him out to the officer, and gave him in charge, as one of the persons who had assaulted me.
Cross-examined by MR. PAYNE. Q. Which way were you going? A. Down King-street—I did not use my stick to force my way through the crowd—I wanted to get through to get to Lawrence-lane—they did not set up a laugh at me because I wanted to pass—I did not lay hold of Shires when he butted me—I tried to keep them off with my stick, but do not think I struck either of them—I did not strike Shires with it—I do not think anybody pushed him against me—there were a great many people behind him—he did not come with an officer to give me in charge for striking him with a knife, and wounding him; and I did not turn round and say, "I give this man in charge for assaulting me"—as soon as he came, I said, "That is the man that got hold of me"—he did not charge me, in my presence, with stabbing him in the back with the butter-knife—I do not think he called the police—I do not know that he brought the policeman to take me into custody—the policeman had him, and I gave him in charge—the policeman had taken him into custody—he was in custody when he came in—I struck him twice or three times with the butter-knife, once in the face—I cannot tell whether it was twice in the back—this is the knife—(produced)—it is not a cutting knife, it has no edge—it was in brown paper, but had no sheath—Shires' face was bleeding—he did not complain, in my presence, that I had stabbed him with the knife, and say that he had brought the policeman to take me.
MR. RYLAND. Q. You used your stick or knife on nobody until you had been attacked? A. No—I did not hear Shires make any charge against me—I charged him as soon as he came in with the policeman.
Morden. Q. Did I have your watch? A. No; you were in the mob when I lost it—you touched my hat.
Cummings. Q. Did you see me do anything? A. I saw you among those who fell on me, and beat me down—you were one of the foremost that dragged me down.
JOHN CHILCOTT MARDON. I live at Bath. I was in London on Lord Mayor's-day, and went into King-street, to see the procession start—I stood by the side of Hibbs, and saw the three prisoners—one of them did something to me, and I went for a policeman—before I went I saw Morden strike Hibbs on the head, and his hat went over his eyes—he had a stick, which was taken away—I cannot say by whom—there were thirty or forty people there—he had a brown paper parcel in his hand—I did not see him do anything with it—I saw him prostrated to the ground—Shires was the principal person in that, he struck at him with his fists—Cummings was the second or third from him—I returned with a policeman, and found Shires still there, but not the others—I found Morden in custody at the station—the policeman took Shires—Hibbs came to the station, and said one of the principal men had a green front to his cap—I went with him into the cell to see Morden—I said, in his hearing, "That is the man"—he gave him into custody—I was outside the house when the policeman came out with Shires—I then followed to the station—Hibbs went at the same time, and I heard him charge Shires—I did not see Cummings taken.
Cross-examined. Q. Was Shires' face bleeding when you saw him afterwards? A. Yes.
Morden. Q. Can you swear I hit you on the hat? A. Yes—I said I should know you again—you used very bad expressions, and said, "What is your hat more than anybody else's?"
Cummings. Q. Did you see me there? A. Yes—I did non see you strike anybody—when they were attacking Hibbs I heard you say, "Go in at him."
WILLIAM BESTOW. I am an artist at Vernon-place, Pentonville. On Lord Mayor's day I was in King-street, and received a caution—I saw Hibbs coming through the crowd—he was bonneted several times—Morden and Shires both struck him on the hat—he came from the mob and stood by my side—the mob followed several other gentlemen, and then got sight of Hibbs again, and all the prisoners struck him several times—I saw Cummings there—a signal was given by a whistle, and "Oh!" and "Here he is!"—they struck anybody who had a hat on—they made free and bonneted any one—there were thirty or forty of them—when they struck Hibbs a second time he lifted up his stick and gave Shires a severe blow in the face—I cannot say whether it made it bleed—the mob beset us all round—I saw Hibbs pulled into the passage of a house by main force by the gentleman belonging to it—I stood some few minutes, and was then pulled into the next house—I was robbed—I gave Morden in charge—he was taken to the station—Shires was afterwards brought there by a policeman—Hibbs said, in Shires' presence, that he could swear he was among the crowd, and that he was one that struck him and buffeted him about—I saw Cummings at the station door—I identified him, he was taken, brought in, and confronted with Hibbs, who said he could swear he was among the crowd.
Cross-examined. Q. Several people had their hats knocked down and knocked off? A. Yes, twenty or thirty people had their hats knocked off, and four or five hats were torn up—Hibbs brandished his stick when he was molested—I cannot say that he tried to force his way through the crowd—the stick is not here; it was broken up by Morden and Shires—I saw the knife—Shires was struck in the face, and in two places in the back with it, when he was butting Hibbs—he bled.
Morden. Q. Did you see me break Mr. Hibbs' stick up? A. You and Shires together.
FAITHFUL CAPE. I am a joiner, in Blomfield-street, Moorfields. I was near Guildhall on the morning of Lord Mayor's day, saw Hibbs there—I was close beside him, on his left hand—I saw the three prisoners there—Shires was shoving his head up against Hibbs' head—I helped to keep Hibbs up, and assisted him—I did not see the other two do anything, no more than seeing them in the gang—they were about an arm's length from Shires at the time he was hitting Hibbs—I did not hear either of them say anything—I am sure they were all three there.
Cross-examined. Q. And a good many besides? A. Yes, a great many—I should say about forty—it was distressing to see them spoiling people's hats, and knocking them about—I did not see Hibbs with the knife till after he was got into the house—he was flourishing his stick about in his own defence.
THOMAS BRADBURY. I am a gold-beater, in Cripplegate. On 9th Nov. I was in King-street, Cheapside, and saw Hibbs and the three prisoners there—Hibbs was hustled very much indeed by Shires—I saw him jobbing him with his head, and endeavouring to get him down—as soon as he attempted that, I should say no less than a dozen different person ill-treated Hibbs—I saw
him knocked down—Shires was the principle one in it—he made the first attempt—I did not see either of the other prisoners do anything—I did not assist Hibbs, as I had my two little boys with me.
Cross-examined. Q. Did you see Hibbs use his knife? A. I did not, nor anything wrapped up in brown paper—I saw with a stick, but not the knife—I cannot swear he did not use it, but I did not see him do so—I was there about three-quarters of an hour—he had the stick in his right hand—I did not notice whether he had anything in the left—I think I first saw the knife produced at the station by the policeman—Hibbs was secreted in a house part of the time while they were looking for a policeman—I saw Shires' face bleeding—I cannot say whether that was while he was butting at Hibbs.
CHARLES BAILEY (City policeman, 324.) I was in King-street on Lord Mayor's day, and was sent for—I found Shires at the door of a house in King-street, bleeding from the face—nobody had given me any charge against him at that time—he said he had been stabbed by a gentleman who was in the house where he was standing, and he wished to give him into custody—in consequence of that I went into the house, leaving Shires outside—my brother constable came in with him afterwards—on Hibbs seeing Shires he said that he was one of the persons that had assaulted him whilst others robbed him of his watch—Shires was then taken into custody, and taken to the station—Hibbs went with me—Morden was there in a cell—Hibbs was taken into the cell, and he said that Morden was another man who had struck him.
Cross-examined. Q. Shires was standing outside the house bleeding when you came up? A. He was—he had wounds in the back and in the face—I am not aware that at the station he desired his charge against Hibbs to be taken—I cannot swear that he did not—it was Coram, a police-sergeant, who came into the house with Shires—he is not here—when Shires wanted me to take charge of the person who had stabbed him, I told him I would go in and see—he came in with Coram in two or three minutes.
COURT Q. Was Shires then in custody? A. No—he came in to make the charge against Hibbs.
JOHN STRADLING (City-policeman, 117.) I was on duty in King-street on the morning of Lord Mayor's day, and saw a disturbance—I saw the three prisoners there—Morden was given into my charge for picking the pocket of a Mr. Bestow—I took him to the station—Shires was brought in as I was coming out—I saw Cummings outside—he was pointed out to me my Hibbs as one of the party, and I took him into custody—I recollect having seen him before in King-street.
Morden. Q. Did you see me knocking anybody's hats about? A. I saw you in the mob very active in bonneting—hands were up in all directions—there was a good deal of riot.
Cumming. Q. Did you see me in the mob? A. I did—you were all bonneting—I cannot describe one more than the other.
Morden's Defence. I was going down King-street to see the Lord Mayor's show; I got very near to the bottom, and saw a tremendous lot of persons knocking hates about; I certainly joined in it, but with no intention of robbery; I saw Mr. Hibbs cutting a way with his stick through the mob; several persons pressed upon him, and hit him on the hat; I did so myself; Shires was standing in front; a whole mob pushed him and several others on to Hibbs, Hibbs then hit Shires with the stick; Shires caught hold of the
stick with both his hands, and cut him in the face with it; Hibbs then used the knife; he was taken into a shop in King-street; Shires said he would give him into custody; I said so would I too; I had not been there above five minutes after the policeman came, when the other gentleman came up and said, "I give this man in charge for attempting to pull at my pocket;" I was taken to the station-house, and recognised as being in the mob, which I own that I was, and that I did join in the bonneting for which I beg for mercy.
Cumming's Defence. I was in King-street, coming from the hospital and was given in charge; I saw the other two prisoners going to the station; I followed them, and was taken; I know nothing about them; I am a hard working man.
(Shires received a good character.)
of an Assault.
Confined Six Months.
46. JAMES MORDEN , again, indicted for feloniously assaulting William Bestow, putting him in fear, and stealing from his person, and against his will, 1 pocket, 1 purse, 1 pair of gloves, 1 half-crown, and 2 shillings, his property.
MR. RYLAND conducted the Prosecution.
WILLIAM BESTOW. I am an artist, living at Pentonville. I was near Guildhall on the morning of Lord Mayor's day, waiting to see the procession start—I had an inside pocket to my coat, in which was a pair of gloves, a penknife, and a purse containing 4s. 6d.—there was a great crowd and confusion—during the scuffle with Mr. Hibbs I heard my coat tearing, and felt a pulling at the skirt—I looked down, and found the lining of the coat comletely torn out with the pocket—it had been quite sound before—it must have taken a good pull to tear it off—as I looked down I saw my pocket in the prisoner's hand—I laid hold of it, and pulled it several times—he would not loosen it—at last I managed by main force to get it from his hand, with the contents just as they were taken—he had bonneted me several times before that, during the struggle with Hibbs—he did nothing to me at the time I was struggling to get my pocket from him—I received a blow on the cheek from him a minute or a minute and a half before—a policeman was sent for—I kept my pocket in my hand—I was pulled into the doorway of a house next door to where Hibbs was pulled in—I kept my eye on the prisoner all the time, and directly the policeman came up I gave him in charge, and handed my pocket to the policeman.
Prisoner. Q. There did you not catch hold of me, and give me in charge at once? A. There were too many of you, you would have served me as you did Hibbs.
JOHN STRADLING. (City policeman, 117.) I saw the prisoner and Bestow on the mob together—Bestow gave him in charge, with his pocket, containing a purse, a pen-knife, and a pair of gloves—I have had them ever since.
Prisoner's Defence. I was passing through the mob, as I stated; and at the time Shires was stabbed I stood there while he was going to give the person into custody; this gentleman came up, and said, "I give this person in charge for attempting to pick my pocket;" which I am innocent of.
(The prisoner received a good character.)
GUILTY. Aged 18.— Confined Fifteen Months, inclusive of former sentence.
MR. RYLAND conducted the Prosecution.
JAMES MARNHAM. I knew the deceased by the name of Henry Bull—I was with him twice with Twig on the evening he met his death, at the Sir Issac Newton public-house—the second time was from half-past nine to ten o'clock—the prisoner was there, in another part—we were in a little box by ourselves, drinking together—after a bit, the prisoner came into the box—he did not drink with us—he had some drink of his own—the prisoner and Bull had some conversation, and began quarrelling about which sold the most fruit, and which had most fruit in their shop—they challenged one another to fight, and went out into the fields near Primrose-hill—I and Twig went with them—they there pulled off their coats, and sparred up to one another—they had one scrambling round, and both fell—I did not see any blows struck—they ran into one another—I do not know which was undermost—the prisoner got up first—the deceased tried to get up, and in the act of rising he slipped—the prisoner hit at him, I do not know whether he hit him, but he hit at him, and as soon as he did so Bull fell forward on his face—and Twig immediately went up to him, and sat down, and rubbed him, but he never moved or spoke afterwards.
Cross-examined by MR. CLARKSON. Q. These young men knew each other before, did they not? A. Yes—I never saw them together before—they had each been having drink—Bull had had a goodish drop—I do not know what Goode had had—it was moonlight when they went into the field—we all went into the New Inn on our way to the field, and had a pot of beer together—we all drank out of it—I did not observe whether they shook hands, or whether they conversed together during the single round which they had.
RICHARD TWIG. I was with Bull and Marnham, at the public-house, on the Sunday evening in question—the prisoner and Bull had some words about fruit—they afterwards went out to Primrose-hill to fight—they stripped, and had one round—I did not see any blows struck—they had but one bit of a scuffling round—it was a moonlight night—they both slipped down—I could not see which was undermost—they both got up together, and began again—Bull slipped down on his knees, and as he was rising up again, his foot slipped, and he fell down on his knees and forehead, towards Goode—Goode stood in an attitude to strike, but I could not see whether he hit him—he struck at him—Bull never moved or spoke afterwards—he was carried home to his brother's.
Cross-examined. Q. Did you all go to the New Inn and have some beer together before they went to have it out? A. Yes—they had both been drinking—the principal dispute was which master sold the most fruit—Goode lives with his mother, who is a widow, and a fruiterer; and Bull lived with another fruiterer—they tossed up together for some gin—there was but one round—in the course of it, I heard Bull say, good humouredly, "I think I can lick you, "and Goode replied, "Well, try"—there was no appearance of spite on either side—I cannot tell whether any injury that he might have received was from a fall or a blow.
JOSEPH WADE (policeman, S 328.) About half-past twelve o'clock on Sunday night, the 24th of Oct. Twig gave me information—I went and found the body of the deceased, and Marnham watching by it—I fetched Mr. Britton,
who said he was quite dead—the body was taken home—I saw the name body after the Inquest, when it was opened.
Cross-examined. Q. Were you present at the prisoner's examination before the Magistrate? A. Yes, on Wednesday, the 26th—the verdict of the Coroner's Jury was given on that same day—I do not remember the Magistrate saying that he was sorry he could not admit the prisoner to bail in consequence of the verdict of the Coroner's Jury.
HENRY GASCOIGNE. I assist my uncle, Mr. Key, who keeps the Sir Isaac Newton. On Sunday evening, the 24th of Oct., I saw the prisoner and deceased there—there was some quarrelling between them—the deceased began it.
WILLIAM SAMUEL BRITTON. I am a member of the Royal College of Surgeons. On Sunday, the 24th of Oct., about midnight, I was called to see Bull—I found him quite dead—I afterwards made a post-mortem examination—I found the brain very much congested, and a large quantity of blood diffused over the surface of the brain—that was quite sufficient to cause instantaneous death—I afterwards found a rupture of a very large vessel—that must have been produced by some sort of violence—I found no external marks, or any appearance of disease, to account for it.
Cross-examined. Q. Whether the violence was a fall or a slip, you cannot tell? A. I could not speak positively.
(The prisoner received a good character.)
NEW COURT.—Wednesday, November 24th, 1847.
PRESENT—Mr. Ald. GIBBS.; Mr. Ald. MOON; and Mr. COMMON SERJEANT
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY. Aged 21.— Confined Three Months.
GUILTY. Aged 20.— Confined Four Months.
GUILTY. Aged 20.— Confined Three Months.
GUILTY. Aged 19.— Confined Two Months.
GUILTY. Aged 17.— Confined Three Months.
STANTON pleaded GUILTY.** Aged 20.— Transported for Seven Years.
SNOW— GUILTY. Aged 24.— Confined Three Months.
54. JOHN GRACEY , stealing 2 watches, value 4l. guard-chain, 9l. 1 brequet-chain, 1 breast-pin, 4 rings, 1 pencil-case, 1 hair-chain, 1 brooch, 8 forks, and 1 pair of sugar-tongs, value 30l. the goods of Charles Williams, and another, his masters; to which he pleaded
GUILTY. Aged 20.—Recommended to mercy. — Confined Eighteen Months.
GUILTY. Aged 19.— Confined Three Months.
MICHAEL HAYDON (City policeman, 274.) On the 9th of Nov., at half-past seven o'clock, I was in Cheapside, and saw the prisoner take this handkerchief from the pocket of Mr. John Ward Floyd, who came to the station, and gave that as his name, in the prisoner's presence—those initials are on the handkerchief—he identified it as his in the prisoner's presence.
Prisoner. Q. Did you see me take it? A. Yes—I found it at your feet—the moment I seized you, you dropped it—you gave your address at the station, but I forget it.
GUILTY. Aged 17.— Confined One Month.
BARTRAM pleaded GUILTY. † Aged 19.— Confined One Year
MICHAEL HAYDON (City policeman, 274.) I was on duty in Cheapside, saw the three prisoners in company, and saw Bartram try one or two pockets—they appeared to be acting in concert—Jackson placed himself in front of Mr. Smith, and as soon as he began to walk slowly, Bartram took this handkerchief from his pocket—I laid hold of him, and took the handkerchief from his pocket—my brother officer took the other two prisoners—I had watched them for a quarter of an hour or twenty minutes.
Jackson. I had not been from my mother's more than a quarter of an hour.
JOSEPH HAGGET (City policeman, 484.) I saw the prisoners in company—I saw Bartram try several pockets—the other two were sometimes in front, and sometimes behind the gentleman they tried—I am sure they were together a quarter of an hour, and were trying pockets.
Jackson's Defence. I had scalded my hand, and did not attempt any such thing.
Hetheridge's Defence. I did not attempt any pockets; I had not been from home a quarter of an hour.
JACKSON— GUILTY. Aged 19.
HETHERIDGE— GUILTY. Aged 17.
Confined Three Months.
GUILTY. Aged 56.—Recommended to mercy by the Prosecutor. — Confined Ten Days.
Prisoner's Defence. I bought the table-cloth of a man for 5s. 6d., the shirt for 2s., and the cloths for 1s. each; my husband being out of work, I was obliged to pawn them to get bread for my family.
GUILTY. Aged 25.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. CLARKSON conducted the Prosecution.
LAWRENCE MYERS. I am a comb-manufacturer, and whalebone and bristlemarchant, at 88, Leadenhall-street. Skinner has been in my service twelve years—he is a'packer—the packing is generally done by woman—up to Christmas last I manufactured combs—I have not done so since—it was Skinner's duty to select all the damaged once, whose teeth were not perfect, and put them by themselves—they are what are called wasters—he had authority up to Christmas to sell those—it was his duty to make an entry of those sales in a book called the till book—since I have left off manufacturing combs I have supplied the retail trade by purchasing of the manufacturer—I took stock last Christmas—on 13th Nov. some 3 1/2 inch wasters were produced to me—these are them—if at Christmas last, or before then, any such articles had remained in my stock they would have appeared in my stock-book, which is here, and there are none such in the book—since I have ceased to manufacture, it has been the practice to return the wasters, if there were any, to the manufacture who supplied them—it was Skinner's business to select and apportion the combs which since Christmas I have bought of the manufacturer—the perfect combs are packed in dozens, with which I supply the trade—I have been a manufacturer for many years—I have looked critically at these combs produced—in my judgment they are not wasters which have been spoiled and damaged by the machinery—I feel confident they have been wilfully broken by hand—if these had been wasters, the teeth would be cut instead of being broken—I have one here that is a waster by
the failure of the machinery—this other one has the teeth broken—I can state on my oath that these have been wilfully broken by hand—It was Skinner's duty to be at the warehouse by eight o'clock in the morning with another person, but in consequence of the other not attending to his duty, Skinner was left alone in the morning—this is the till-book—here is no entry of any sale in it since Christmas till Saturday, 13th Nov., when there is, "Wasters, 3s. 6d."—on that day, being of the Hebrew persuasion, I allow no business to be done, except wagons are drawn into the yard—Skinner knew it was my habit not to do business on that day—it was strictly forbidden—I when to the warehouse that morning, about a quarter before ten o'clock—when I got there I saw the till-book with this entry in it—the ink was quite wet and pale. I know noting of Mahony.
Cross-examined by MR. BALLANTINE. Q.. Can you tell by the appearance of these combs whether they have been long in stock? A. I should say not longer than six months—they are ivory—they do not become discoloured by keeping—the small sizes are not our manufacture; the large sizes are—it was not the prisoner's duty to sell wasters if any body else was there, but if he were alone he did—if any comb became accidentally broken it would became a waster—it is quite impossible that twenty-four of this size could be broken by accident—breaking them would reduce the value of them very considerably—in their sound state a dozen would be worth 3 s. 6 d. in their present state five dozen are worth 5s.—if these had been genuine wasters, I should have complained at the sum of 3s. 6d. being taken for them—they are worth more than that—there had not been an export order sent out three weeks previous to this transaction—there are orders in hand, but not for combs of this description—it would not be necessary to lay by a great many for exports—the orders are sent to the manufacturer for the sizes as we want them—Skinner and Davis took stock at Christmas—I am speaking of representations made by them—it was done under my supervision.
MR. CLARKSON. Q. These combs can now only be disposed of as wasters? A. Yes—if he had sold any wastes which either were, or ought to have been, in the stock-book, having been part of my stock up to Christmas, he ought to have entered them in the till-book—all these sales ought to have been in the book.
DAVID SOLOMON DAVIS. I am in the employ of Mr. Myers. Skinner has not paid me any money for wasters since Dec. last—this bundle of five dozen are wroth 5s.—if they had been perfect they would have been worth about 12s.
Cross-examined. Q. Were you one of the persons who took stock? A. Yes, and Skinner—my master was not present—we took stock of long wasters, not of short ones—if there had been a dozen long wasters I should have entered them—if there had been only nine I should not—I should not have entered short wasters at all—when I got there on the morning of 13th Nov. Skinner told me there had been a man for some wasters.
MR. CLARKSON. Q. Was that after the office had been there? A. The officer was there—two dozen of these are long wastes—my master was not present when we took stock—he was in and out, and saw the book as we were going on.
MR. BALLANTINE. Q. Was the 3s. 6d. paid over to you on 13th Nov.? A. No.—=I never touch money on Saturdays—I saw the money placed on the desk—I arrived just after the officer.
JOHN SPITTLE (City policeman, 671.) I watched Mr. Myers' premises—I saw Mahony come there on the morning of 6th Nov.—I saw him again on Saturday, 13th—he went into the yard about five minutes after eight o'clock—the gates were not opened when he arrived—when he came out he crossed the road, went into a doorway, and took something out of his pocket—I walked up to him—he seemed to be counting combs—he went on—I and Webb followed him, and took him to the station—I asked him what he had in his possession—he made no reply—Webb said, "You have got some combs you brought from Mr. Myers"—we afterwards went to Mr. Myers', saw Skinner there, and told him a man had been taken to the station with a quantity of combs in his possession, who said he bought them of him—Skinner said that was the case—we asked what he gave him—he said 3s. 6d.—I left Webb with Skinner, went away, returned in half an hour, and found Webb at the bottom of the yard, and Skinner in the warehouse—Mr. Myers said, "Skinner, what is all this about?"—he said he had sold the combs, and booked them—he took the book out of the drawer, and showed it to his master—he said he had sold combs previously, and handed the money to Mr. Davis.
Cross-examined. Q. You saw him take the book out of the drawer? A. Yes—I think the book was closed.
ROBINSON WEBB (City policeman, 658.) I had been watching Mr. Myers' premises for a fortnight—on 13th Nov. I saw Skinner undo the warehouse—Mahony was close to the spot—when Skinner and the workmen went in—Mahony went as far as the steps of the counting-house—he then went half-way down the yard, returned, and went into the counting-house—he came out into the street, went to a doorway, turned himself round, and took a parcel out of his pocket—I walked past him—he was turning some combs over—he put them in his hat—we followed him to Houndsditch—I took the combs from him—I went back to the counting-house—Skinner was standing in the yard—Spittle asked if he had sold any combs that morning—he said he had, and received 3s. 6d. for them—Spittle left me with Skinner—Skinner went up to the further end of the counting-house, which was quite dark—in two or three minutes Mr. Davis came in—he asked Skinner who I was—he said, "It is some one come from the station, I suppose; I have sold some wasters this morning"—and he came to the passage of the warehouse—I went into the yard, and was there two or three minutes—when I went back Mr. Myers said, "Skinner, how is this about selling these combs?"—he said, "I have sold some this morning," and he showed Mr. Myers the till-book—Mr. Myers said, "How is this, you have never made any entry in this book since last Dec.?"—he said, "I have sold others, and have always given the money to Mr. Davis as I have sold the combs, and he has entered it in the day-book."
JURY. Q. Did you see any money? A. No—I searched—Spittle and I went in at the same time.
SKINNER— GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Six Months.
MAHONY— NOT GUILTY.
61. THOMAS JULIUS JOHNSON , stealing 1 10l. and 1 5l. Bank-notes, 1 sovereign, 4 half-crowns, 10 shillings, and 12 sixpences, the property of Philip Champion Toker; also, 19 sovereigns, 4 half-crowns, 30 shillings, and 20 six-pences, the moneys of Samuel John Mason, in his dwelling-house: to which he pleaded
GUILTY. Aged 22.— Transported for Seven Years.
GUILTY. Aged 23.— Confined Six Months.
63. THOMAS SMITH , feloniously assaulting Charlotte Louisa Battam, and stealing from her person and against her will 2 purse-tassels, value 1s. 6d., her goods, and beating, striking, and using other personal violence to her; having been before convicted.
MR. PAYNE conducted the Prosecution.
ANN BATTAM. I live with my husband at 41, Oxford-terrace, Paddington, the prosecutrix is my daughter. On 9th Nov. we were in Summers-place, at the back of our house—she had a purse in her hand, but I did not know it at the time—the prisoner came up, and in an instant threw her with great violence into the road—her head struck the curb-stone—I was not aware he had snatched at the purse—he dragged her up again by it, shook her, and ran away—I afterwards saw the purse in her hand—the tassels were all torn to pieces—I had been into a shop with her—it had the tassels on then.
CHARLOTTE LOUISA BATTAM. On 9th Nov. I was walking with my mother in Summers-place—my purse was twisted round my finger, and the tassels came together—the prisoner came quickly on me, pressed against me, laid hold of my purse, and threw me down—he pulled me up again by the purse—my mother screamed—the prisoner ran away—I ran a little way after him—he did not get the purse—the tassels were gone off it—they were safe on it when he came up—they were worth about 1s. 6d.
GUILTY. Aged 36.— Transported for Ten Years.
JOHN COX. I am a victualler, and keep the York Minster, Wardour-street, Soho—the prisoner was in my employ fourteen days—I missed thirty-nine bottles and six gallons of wine from the wine-cellar—I found some bottles and a quantity of broken bottles in the lodgers' room—I went to bed about twenty minutes to one o'clock—I was awoke by a noise by the prisoner and one of the lodgers going from one room to another—they knocked down the ladder leading to the loft—I went up and saw Simpson—he went into his room and tried to shut the door, but I was too quick for him—I found the prisoner had not been to bed—the bed had not even been sat upon—I found him under the bed, drunk, with his apron and coat on—I found the port wine bottles in the lodgers' room, where they had been regaling themselves—I
put the bottles in my own room, came up again, and found the prisoner in the lodgers' room.
CHARLES SIMPSON. I went to bed between two and three o'clock this night—I was awoke by the prisoner asking me to have something to drink—I denied it at first, but afterwards drank some of it in bed—it was in the dark—I do not know what it was, whether it was wine or brandy—it was not gin—I cannot swear it was not beer.
Prisoner's Defence. I had been drinking with some friends in the tap-room, and was the worse for liquor; I went up to bed about twenty minutes to one; I took up a pint pot with some half-and-half in it, and asked the lodgers if they would have something to drink; they both had some.
GUILTY. Aged 20.— Confined Six Months.
(There was another indictment against the prisoner.)
Cross-examined by MR. PAYNE. Q. Did you never lose your watch before? A. No—I never charged anybody with stealing it—I did not charge three people with stealing it, and then find it tied up in my shirt—I asked the landlady to take charge of it, and pulled it out of my pocket, but she refused—I did not hear anybody say, "Do not touch his watch, for he charged three people with stealing it, and it was found tied up in his shirt"—I am a land-drainer—I was not showing the watch about among the people—the prisoner worked for me two winters—I work now when I can get it—I have work now at Lord Grosvenor's.
THOMAS GODLEMAN. I was at the public-house, and saw George's watch on the table—John Lavender took it up and put it in his pocket—George missed it—we told John Lavender he had better deliver the watch up—he said he had not got it—Henry Lavender went out of doors, came in again, and was there I think while we shut up.
Cross-examined. Q. John was searched and it was not found? A. He offered to be searched, I did not see him searched—I keep the house—I was there when my wife was asked to take charge of the watch—she did not take it, because she was too ill to take care of herself—I did not take it, because I did not want it—I did not hear anybody say George had accused some people of stealing his watch, and it was found tied up in his shirt—I have known the prisoners twenty-five or twenty-six years—I never knew anything wrong of them—there were ten or twelve people in the room when John took it—I have not seen it since.
Cross-examined. Q. The prisoners have borne very good characters up to this time? A. Yes—I never knew George charge any one with stealing his watch before—I did not hear it mentioned that night—we were not all drank.
JOHN LAVENDER— GUILTY. Aged 29.
HENRY LAVENDER— GUILTY. Aged 27.
Confined Six Months.
66. JOHN LEARY and JAMES EDWARDS , burglariously breaking and entering the dwelling-house of John Rayner, at St. Giles's-in-the-Fields, about the hour of two in the night of 17th Oct., and stealing therein 10lbs. weight of beef, value 6s. 1 pipe, 10s. 1 hat, 12s. 1 pair of gloves, 6s. 780 pence, and 960 halfpence, his property; and 1 hat, 5s. the goods of Samuel Foot.
JOHN RAYNER. I keep the Red Lion public-house, Great Wyld-street, in the parish of St. Giles's-in-the-Fields—it is my dwelling-house. On Oct. 17th I went to bed at one o'clock in the night—I locked all my doors, and shut the windows—I left 5l. 15s. in copper in the bar-parlour, wrapped up in the Advertiser Newspaper—my brother-in-law got up first in the morning, at seven o'clock—I missed two hats, three books, two pocket-handkerchiefs, a pipe, and a pair of gloves—(produced)—this hat is mine—the other one has not been found.
Cross-examined by MR. BRIARLY. Q. Is there anything particular that you know it by? A. Yes, by its being broken—the window of the room where the money was was shut, but not fastened—it could be pulled down from outside—it was about five feet from the ground—I was not up till my brother-in-law told me of it.
SAMUEL FOOT. I am brother-in-law of the last witness. I went to bed at one o'clock that night, got up about seven next morning, found the parlour window down, and missed the packets of copper and a hat, which I have not seen since.
ROBERT WILLIAM TUBBS. I know the prisoners—I met them this night about two o'clock—they asked me where I was going—I said, "Home"—I went home, but could not get in, I came back, met them again, told them I could not get in, and they said they would walk about all night with me, if I would go with them into Wyld-street—I went there, into the last house in Wyld-passage—they asked me to wait for them till they came—I waited; they came out about half-past three o'clock with a bundle in their arms, and ran away from me—I told about it next day.
Cross-examined. Q. Had you not a key which fitted a house in the neighbourhood? A. They asked me to lend them my latch-key and I lent it them—they had seen me with it several times, as I had known them about a month, and I used to be always playing with it in my hands—I am a sweep—I do not go up chimneys—I have done so—I saw the prisoners enter the house—I swear I did not go in with them—I did not open the door, or have part of the booty—I have not a regular allowance for these occasions—I did not go down the chimney of the house in Great Wyld-street—I cannot account for my key fitting that lock—I do not know how they knew it would open it—I had never tried it to the door—I did not know before that it would fit it—I do not know how it was possible they could get from that house into Mr. Rayner's—I know nothing about it—I swear solemnly I was not one of the party who committed burglary.
COURT. Q. Have you tried your key since to the door? A. No.
Cross-examined. Q. Had you ever seen the prisoners before? A. I do not know that I had, but I recognized them at Bow-street.
JAMES CONNELL. I am a costermonger. On Monday, Oct. 18th, I was at the corner of a street—the prisoners asked me to change some halfpence—I went into their room—some coppers lay on the table—they said there was 1l. 16s., but there was only 1l. 15s. 5 1/2d.—I changed some for them.
Cross-examined. Q. Were you at Mr. Rayner's that morning? A. No—they employed me to change the money because Leary knew I was a costermonger—I have been in prison for ten days for begging, and have had eight days besides, that is all.
LEARY— GUILTY. Aged 20.
EDWARDS— GUILTY. Aged 18.
of Larceny only.— Confined Nine Months.
JAMES ANDREW WILSON. On 6th Nov. I was returning from Paddington, and was accosted by the prisoner—she forced her conversation on me—I missed a handful of silver from my pocket—there had been 20s. or 30s.—it was all gone but a 4d. piece—she was taken in charge—I walked by her side—the officer found 15s. in her mouth, and I picked up half a crown, a portion of the money which was taken from her.
Cross-examined by MR. PAYNE. Q. What time was it? A. About one o'clock in the morning—no one had accosted me but the prisoner and her two associates—I had had nothing but a glass of grog—I took no notice of the three, but the prisoner walked with me about ten minutes, from twenty to forty yards—I was trying to get rid of her, but could not release myself—I did not give her anything—she wanted to know whether I would go house with her—I merely asked her which way she was going—she said she would show me—I went ten or twelve yards, and then saw a policeman.
ROBERT SMITH (policeman, 160.) Wilson gave the prisoner into my charge for stealing money—I saw something bulge out in her check, and tried to force it out—she said, "Let me go, I will give it up"—she did not give it up, and with the assistance of another constable I got four half-crowns and two shillings and sixpence from her mouth—Wilson picked up another half-crown, which made five.
Cross-examined. Q. How did you get the money? A. Another man held her arms, and I thrust my thumb into her mouth, as she appeared to be swallowing the money—it fell out—this was in the street.
WILLIAM PENNY (policeman, E 140.) I produce a certificate of the prisoner's former conviction—(read—Convicted April, 1844, for stealing a half-crown from the person, confined one year)—the prisoner is the person.
GUILTY. Aged 35.— Transported for Seven Years.
68. JOHN LEWIS , stealing 2 knives, value 2s. 2 shoe-brushes, 7s. 2 snuff canisters, 1s. 4d. 1 butter print, 1s. 1 butter-stabber handle, 6d. 2 bags, 6d. 1 currant bag, 1s. 1 iron hoop, 6d. 34 lbs. weight of chicory, 1l. 14s. 11 lbs. weight of pepper, 1l. 6 lbs weight of black-lead, 12s. 12 lbs. weight of currants, 6s. 13 lbs. weight of candles, 7s. 11lbs. weight of soap, 5s. 3 lbs. weight of pimento, 6s. 2 lbs weight of carraway seeds, 4s. 10 ozs. weight of cloves, 5s. 12 ozs. weight of sugar-candy, 1s. 1 lb. weight of stone blue, 2s. 10 packets of groats, 2s. 14 ozs. weight of ginger, 1s. 3 cakes of soap, 1s. and 1 hank of twine, 1s. the goods of Frederick Baynham, his master.
MR. PAYNE conducted the Prosecution.
FREDERICK BAYNHAM. I am a grocer at Hounslow—the prisoner was in my employ for about two months—he kept a shop in a very small way as well—in consequence of suspicion, I went with Sergeant Jacques to the prisoner's house, and found some brushes, knives, and other things mentioned in the indictment—the prisoner had access to them—(produced)—these brushes were in my stock—I had not sold them to him or anybody—I had not sold these two tins or this butter-stabber—they are mine—before we went to the house I accused the prisoner of taking a quantity of candles—he said he had not—I asked why he did not purchase his candles of me—he said because I did not sell them cheap enough—he said "I give 5s. 10d. a dozen, and you can't sell me them under 6s. 3d., and I purchased them at Mr. Hedman's, in town"—we went to Hedman's—the prisoner was not present, but I told him afterwards that I had asked Hedman if he had purchased a quantity of candles of him, and that Heddman said he had not—he said he had purchased them there—I never went there with him—just as we got to his house, he said to the sergeant, "All the candles I have in the house are hanging over a rail on the counter"—we searched the house, and found about 10lbs. of candles in a cupboard behind the counter, and candles hanging in the shop besides, and in the bed-room, these brushes, and some scented soap—the policeman went down-stairs—the prisoner said, "I know I have wronged you, and hope you will forgive me"—he said something similar at the station, and again afterwards—I believe the whole of the property found to be mine—it is worth 5l. or 6l.—I dealt in things of the kind, and had not sold him any—I can speak positively to several of them.
Cross-examined by MR. PARNELL. Q. Had you never sold him anything? A. Yes—tea, coffee, and sugar, but no pepper since he has been in my service—he owes me 11l. for goods sold him five years ago—he has been carrying on business in a very small way more than five years in the same place—I swear to this bag—I bought these brushes at Bliss's the manufacturers, Barbican—I know them by having a "3" on them, and "warranted all hair"—I did not put that on them, but I have corresponding brushes which also have a "3" on them—I found them at the prisoner's, in a drawer up-stairs—I swear to these old knives, there is no private mark on them, but I have lost some like them—I made these snuff canisters, no snuff-dealer has any like them I believe—it is not common to keep snuff in such canisters—the prisoner occasionally swept the shop—he was not allowed to carry off any sweepings or rubbish—I never knew that he did so—I found this old iron hoop at the house—I charged him with stealing it—we left a pound or two of candles, and several things behind, to the value of about 1l.—his wife managed his shop entirely—his duty was on my premises—I was not angry with him for not dealing with me—I asked why he did not deal with me—I wanted to get at the robbery—he has six children, all living with and supported by him—his house is about 300 yards from mine—he did not say "if I have done wrong I am sorry for it," but "I know I have done wrong."
CHARLES JACKS (police-sergeant.) On 2nd Nov. I went to the prisoner's shop, and asked him to put out all the candles he had—he said all he had were hanging up—I found some hanging up, and on searching, found above 10lbs. in a box—I found the things mentioned—I went down-stairs, and left the prisoner and Mr. Baynham alone—as I took him to the station I heard him tell Mr. Baynham he knew he had wronged him.
Cross-examined. Q. You cleared off everything there? A. No—there
was tobacco and several things, which Mr. Baynham said were his, but he could not swear to them—I took nothing but what he said was his.
GUILTY. Aged 34.—Strongly recommended to mercy by the Jury. — Confined Four Months.
SAMUEL JOHN STONEA. I am shopman to Sarah Cordwell. The prisoner was in her service. I accused him of taking half a crown and other moneys out of her till—he at first strongly denied it—I said, as the young man had seen him take it I should send for a policeman and give him in charge—he still stoutly denied it—I sent for a policeman, and then he said there was no necessity for that, for he had taken it.
Prisoner's Defence. I had been serving customers outside, went to the till and put in 2s. I did not take the half-crown out; I had money in my possession; it is nothing but envy on the part of Tooley.
GUILTY.* Aged 16.— Confined Three Months.
GUILTY. Aged 20.— Confined Three Months.
GUILTY. Aged 17. Confined Six Months.,
OLD COURT.—Thursday, November 25th, 1847.
LAURENCE HENDERSON. I am a seaman, belonging to the bring Prince of Wales, lying at Blackwall. The prisoner has been a shipmate for nearly twelve months—on the evening of 3rd Nov. I went ashore with a boat to fetch him on board—as we were going towards the ship we had a few words—I began them—he was not drunk—I told him he had been along with a man named Williams one night—he called me a liar—when we got on board
I pushed my hand against his face, and he then stepped forward and stabbed me with a knife in the thigh—I did not see him take it out his pocket—it was dark—it was about a minute after I pushed him that he struck me with the knife, not immediately—it was a common shutting knife—I did not strike him.
DAVID PERTH. I belong to the Prince of Wales. I was in the boat with Kerr and Henderson—a few words passed between them—Henderson began them by stating that Kerr had been along with Williams—Kerr called him a liar, and some words passed between them—about a minute after they got on the quarter-deck I went between them to make the boat's painter fast, and I saw Kerr take his knife out and stab Henderson—I did not see Henderson shove him.
Prisoner. Q. Did you not see him strike me in the boat. A. No.—he might have done so without my seeing it—I did not see your nose bleeding.
COURT. Q. How long have known the prisoner? A. Eleven months—he had Henderson have had rows before.
ROWLAN ROBERTSON. I am a surgeon. I examined the prosecutor—I found an incised wound, about an inch and a half long, on the outer side of the left thigh, which had been done by a knife or sharp instrument, such as I afterwards saw produced—it was a severe wound, but not dangerous.
ROBERT WESTFIELD (policeman.) I apprehended the prisoner on board the Prince of Wales—as I getting up the ship's side, he said, "I am the man you want"—I asked him where the knife was—he said, "Here it is," and pulled it out of his pocket—I looked at it and said, "There is no appearance of blood upon it"—he said, "No; I wiped it on my trousers"—he said that the prosecutor gave him some month, and he took the knife and ran it into him, that he meant to do it.
Prisoner. Q. Did not I say that he struck me? A. No.
Prisoner. I hope you will have mercy on me; I am sorry for what I have done, and will not do the like again.
GUILTY of an Assault. Aged 20.— Confined Six Months.
Before Mr. Baron Parke.
MR. PAYNE, for the prisoner, called the attention of the Court to a defect in the inquisition, which was directed to be quashed upon the ground of insufficiency.
MR. HUDDLESTON conducted the Prosecution.
ISAAC BRIDGES. I am in the employment of Messrs. Bissell, of Tipton, and am captain of a boat which is used for the conveyance of iron upon the Grand Junction Canal, from Tipton to London. On Friday, 29th Oct., I had a loaded boat on the canal, drawn by one horse, going from London towards Birmingham—when I got near to a place called Dawley-deep, I saw two boats coming in a direction from Birmingham—I was at that time driving my horse—it was about six o'clock in the evening—it was not over dark, it was dusk—my wife was steering the boat—I know the prisoner, but can't say how long he has been on the canal—it is the practice for any boat going form
London to Birmingham to keep the road to Branston—the boats coming into London should drop their line and let the other boats swim over their rope—the horse drawing the boats from London should go on the canal side, and the horse drawing the boat towards London should keep the hedge side, drop the line, and let the horse pass over it—the prisoner was with the second of the two boats, which was thirty or forty yards from the first—I passed the first man's boat in the right way, when I met his horse he turned my horse over the line and dropped his rope in the correct way, his horse keeping the hedge side of the towing-path—that was a boat called the Thistle—the prisoner's boat was the Wellington—when I met him, his horse was against the water's edge—that was its wrong place—there was not space enough left between his horse and the water's edge for me to drive my horse on the inside—he did not stop his horse—I hove my line over his horse's head, and then my line was in its right place, exactly as if my horse had gone over his line—his line was under mine—if the had stopped then and sunk his line, my boat would have gone over it as it did over the first—he did not stop—I called out to him loud enough for him to hear—I hooted fro him to stop his horse, and he did not—the rope by which the boat is drawn is attached to a small mast, which you cannot pull forward, but a little thing will pull it back—that is to enable the rocks to fall off—the prisoner's line loosed my from the boat, swept the deck, and made fast to my wife who was steering—the line fastened round her wrist and pulled her completely out of the boat into the water—I do not know what became of the prisoner—he did not stop to assist in getting my wife out of the water—my wife died on the next Friday night—her name was Ann Bridges.
Cross-examined by MR. PRENDERGAST. Q. Did you jump into the water? A. Yes—I did not see the prisoner when I came ashore, not to notice him—my boat was coming from Paddington—I ought to have been on the side nearest the water, instead of which I was on the outside, because there was not room for me on the other—the prisoner knew he was on his wrong side, because he saw me heave the line over the horse's head—his boat was on the right side, but he was on the wrong—I called to him before I met him to put his horse on the right side, and he pulled his horse in to the water's edge—it is a common thing, when two horses meet, for the opposite party to put their horse on the right side—I relied upon his doing that—I was behind my horse, minding my line over the other boat—we are not always at our horse's head—that was not the reason of my being on my wrong side; but he pulled his horse so near the water's edge, that my horse could not get on the right side—my horse was not further form the water than it ought to have been—=if I had been at his head I could have put him in a different position, if the prisoner would have let me—I cannot say whether he would or not—it was not owing to my looking after the rope that my horse got wrong—my horse would have been on his right side if the prisoner had kept his horse away—my looking after the rope had nothing to do with it—if he had kept his horse right, mine would have been right—I relied on his keeping his horse right, and I told him to do so—it is a usual thing to say, "Put your horse on your right side"—I swear that I said so to him—he made no answer—I do not know that I had ever seen him before—I did not know his name, and cannot say that I ever spoke to him—I knew him again when I saw him afterwards—I told him to stop his horse after I hove the line over his horse's head—we do not generally throw the line over, but such jobs are frequently done—it ought not to be done—the usual thing is to put the horses the right way
and then the lines will be right—the lines cross when we meet—that is the signal for the man coming towards London to stop, and let the rope slacken in the water—each boat had one horse—the horse going from London should be nearest the water—I was pulled out of the water by a rope which I caught hold of—it was my brother who pulled me out—people sometimes follow the rule about going to and from London, and sometimes not—many frequently follow it—it is quite as often neglected as followed.
MR. HUDDLESTON. Q. How would the ropes go if a person did not follow that rule? A. If they do not follow that rule there must be some mischief—they ought to follow it—it is a rule well known among the boatmem—there are public notices of it at every toll-clerk's office—there are very few that do not know it—the notices are printed papers stuck up inside the offices—there was room enough on the hedge side of my horse for the prisoner's horse to have gone.
ALFRED BRIDGES. I am the brother of the last witness, and am captain of the boat George, on the Grand junction Canal. My boat was behind my brother's, and going in the same direction—when we got Dawley-deep we met the Thistle and the Wellington—the Thistle was the first—she cleared my brother's boat by dropping her line under it—the horse of the Thistle took the hedge side of the towing-path—I have been a boatman all my life—I do not know the prisoner—I have seen him on the canal for a few months—the rule on the canal is for the boats that go to London to take the way to Branston—that is on the water side of the towing-path—that rule has been established ever since I can remember, which is twenty-five or twenty-six years—I was not near enough to see on which side of the towing-path the prisoner's horse was when he met my brother, nor did I see the ropes till the woman was in the water—the prisoner was with his horse—he stopped his horse after the woman was in the water—she was entangled in the rope—I and my brother got into the water, and after disengaging her from the rope the prisoner went off with his horse—he waited till we got the woman out—the rope was foul of her till we got her out—I and my brother called out to the prisoner, "Stop the horse, stop the horse!"—that was after she was in the water—I did not hear my brother call out before that—I was twenty or thirty yards behind—he ought to have stopped, and allowed my brother's horse to go over his rope.
Cross-examined. Q. You know that this rule you speak of is quite as much neglected as it is followed? A. I do not know; it ought to be followed—the signal for stopping the horse is the meeting of the ropes—the horse going to London ought then to stop, and let the line slacken, for the other to go over it.
WILLIAM RAYNER. I am a surgeon, at Uxbridge. I attended the deceased—the cause of death was mortification, arising from the injury she received from the rope—there was mortification of the arm, and gangrene of the lungs in consequence.
Cross-examined. Q. Did you find quite enough to show that she must have died of that? A. Yes—there was a deep broad impression round her wrist, showing that a very tight ligature had been round it—the place was not mortal—she died on the Friday following the accident, from a shock to the nervous system, produced by that wound—I could not trace any connection between the shock to the nervous system and the wound—whether she died of fright form being knocked into the water I cannot tell—the mortification extended the whole length of the arm to the shoulder, and reaching to the longs death ensued.
RICHARD ROADKNIGHT (police-sergeant, T, 11.) I apprehended the prisoner on 31st Oct.—I asked him if he was the man that was driving the horse at the time the woman was injured near Uxbridge—he said he was—I said he must go with me to Uxbridge, as she was not likely to live—he said he knew he was wrong by not stopping the horse, and letting the line under their boat instead of over it.
Cross-examined. Q. What else did he say? A. He said after the woman was in the water the husband jumped in, and if it had not been for his throwing the rope they would both have been drowned—he did not say that he did not perceive the rope.
MR. LOCK. I am a clerk to the Grand Junction Canal Company. I produce the Act of Parliament constituting the Company, and also the original by-laws—I have not myself seen copies of those by-laws posted along the line—(The Act empowered the Company to make be-laws, one of which imposed a fine upon any person in charge of any loaded boat passing toward Paddington who should not give way to a loaded boat proceeding in a contrary direction.)
Cross-examined. Q. You have never seen the prisoner at your station? A. Not until the accident, to my knowledge.
(The prisoner received a good character.)
Before Mr. Justice Coltman.
76. EDWARD PROBERT , stealing, at Allhallows-the-less, 10 sovereigns, 2 half-sovereigns, 20 crowns, 32 half-crowns, 5 shillings, 2 sixpences, 3 groats, 6 pence and 13 halfpence; the moneys of Benjamin Walker and others, his masters, in the dwelling-house of James Pallett:—2nd COUNT, the moneys of James Pallett.
MR. CLARKSON conducted the Prosecution.
BENJAMIN WALKER. I am a hatter, in King-street, Rotherhithe. I was a member and president of a society called "The Silk Hatters' Trade Society," on 11th Oct. last—it was held at the Black Bull, Upper Thames-street—the prisoner was the secretary, and was paid 16l. a year, and 6d. for every night that he attended—the society consisted of a great number of persons—we raised contributions among ourselves, and kept the cash in a bag, and the bad in a deal box, which had three different locks and keys to it—myself as president, John Tucker, the vice-president, and the secretary, each had a key—the Society met on 5th Oct.—the box was produced, each of the officers produced his key, and it was opened—there was then 20l., 8s., 0 1/2d. in the bag consisting of ten sovereigns, two half-sovereigns, half-crowns, fourpences, pence, and halfpence—it was counted, placed in the bag, the bag put into the box, and the box locked, and taken away—each officer had his key, and after the usual routine of business the society broke up—it was always the practice
to entrust the box to the charge of the landlord until the next meeting—we met again on 11th Oct., which was the pay night, and a night on which the secretary was expected to attend—he did not attend—we had the box down, but the prisoner not being there with his key, of course we could not open it—the next morning, in consequence of information from the landlord, we had the box forced, and found all the money gone.
Prisoner. Q. How are you able to state so accurately the amount contained in the bag? A. I counted it myself about half-past nine o'clock on the Tuesday night—4s. was taken from it to pay the officers for their attendance—the remainder was placed in the bag, and I signed your minute-book, certifying that the amount was correct—the bag was placed in the box, the box securely fastened in my presence, and sent up stairs by the committee—it would have been secure without being fastened by your key, if it was fastened by the president and vice-president—I do not know in which part of the box the lock was situated of which you had the key.
MR. CLARKSON. Q. Was the 4s. taken from the balance? A. It was taken from the 20l. 8s. 0 1/2d., leaving 20l. 4s. 0 1/2d.
THOMAS VICAT. I am a hatter, in Long-lane, Bermondsey—I was a young member of this club—the prisoner called on me on 9th Oct., at Mr. Joyce's, in the Strand, opposite St. Clement's Danes Church, where I work—it was not by appointment—we went into the public-house next door, and had something to drink—he told me he was in trouble, for he had lost the keys of the box, and would I assist him in getting a locksmith—I said I did not know anything of a locksmith about there, very likely he could get one somewhere handy—he asked if I would meet him at the Ship, in Long-lane, at nine o'clock, on Saturday night, 9th Oct., and bring Davis with me—I said I would—Davis is an apprentice in our shop—I asked him if he would go—he said he would—I was not aware anything wrong was contemplated—I went there at nine o'clock, and Davis was there with Probert—I was behind time—we had something to drink at the bar—Probert said it was too late then to go to the Black Bull to get a locksmith, but would I meet him at nine o'clock on Monday morning, the 11th, at St. George's Church, and bring Davis with me—I went to St. George's Church according to my appointment—Davis was with Probert—he was there before me—we all went together to a public-house in the Borough, and afterwards to the Black Bull, not to the bar—we went straight through to the parlour, and saw the waiter—Probert asked him to bring the box down—it was brought, and placed on the table—Probert went out, brought a locksmith, and told him he had lost the key, and he was to put a lock on the box—the locksmith got a screwdriver, forced the box open, and Probert took out a bag and contents—I believe he ordered him to take the lock off, and make a key, and the locksmith brought a new lock and key—I understood his object to be to supply a key which he had lost—there appeared to be a good bit of money in the bag—I saw some half-crowns taken out of it, and in Probert's hands—I do not know what became of the bag and contents—some one unlocked one of the locks—I do not know who—I do not know whether the other two were forced—I did not pay great attention—I was merely waiting in the room—the box was afterwards locked, and taken by Mr. Pallett's young man—I do not know what was done with the bag.
JAMES PALLETT. I am landlord of the Black Bull, in Upper Thames-street, in the parish of All Hallows the Less—the Silk Hatters' Trade Society assemble there—when the meeting has been adjourned, it has been the
practice of the society to leave the cash-box under my care, and I have kept it on their behalf until it was produced on the next meeting—I kept it in my own bed-room—it had three locks, and the president, vice-president, and secretary, each had a key—I knew the prisoner as the secretary—I did not know the president and vice-president—it was the practice to change those officers—my instructions from the society were to deliver the box to no one but the secretary—on Monday, 11th Oct., Probert came with two others—he came to the bar, and said, "Mr. Pallett, I want our box"—I called some one in to mind the bar, fetched the box from my bed-room, took it into the room, set it on the table, and shut the door—I always expected that three persons must be present on the production of the box, as there were locks and keys to it—I was not aware but that these other two persons were the two other officers of the society—if I had known that the prisoner, although the secretary of the society, had brought two persons who were no officers of the society, and contemplated anything wrong to the box, I should not have parted with the possession of it—I never received any directions except from the prisoner, and his directions were that I was to deliver the box to no one but himself—he being the secretary, great confidence was placed in him—he afterwards came to me, and produced a key which appeared to be a little broken—he said he wanted a smith, and I referred him to our porter, who fetched a smith—I received the box from time to time from the committee themselves, not from the hands of the secretary.
COURT. Q. Did you attend the meetings of the society? A. I did not—at the end of the meeting, they rang the bell, and the waiter was called—he took the box up stairs, and put it in my bed-room—it was originally delivered to me nearly four years ago, by three or four parties—I do not know their names—I have only known Mr. Walker's name for the last fortnight.
BENJAMIN WALKER re-examined. I was not present at the original deposit of the box with Pallett—I do not know who was—it was the practice for the president, vice-president, and secretary to stop to see the box delivered—it was given to the landlord or the waiter—I never knew it to be entrusted to the secretary to deliver to the landlord—the society met every Monday evening—the prisoner had no authority to call for the box, except the three officers were present
COURT to JAMES PALLETT. Q. If the prisoner had come by himself, and had asked for the box, should you have given it up to him? A. I should not, because I knew there were three locks, and it required three persons to he present to unlock it—I should not have delivered it up except to three persons.
ROBERT GARNHAM. I am in the employ of Mr. Frewer, a locksmith, 26, Newton-street, Halborn. On Monday, the 11th of Oct., I went with the prisoner to the Black Bull, in Upper Thames-street, to pick a lock—I had my pincers, and was going to pick it—the prisoner said, "Force it open"—he told me to make all the haste I could; to take the old lock off, and put on a new one—I forced one lock, the others were open—I got a new lock and put it on, and a different key—I did not see it locked—I left the key in the lock—when I returned with the new lock, the prisoner said, "I hope you have not brought the old lock again, but have brought a new one"—he paid me, and I went away.
DONALD MURRAY (policeman, M 119.) In consequence of directions, on Sunday, 24th Oct., I went to Bristol, and found the prisoner there in the Bridewell-jail—by direction of the Magistrate I brought him away—I told him he was charged with breaking open the box of a society held at the
Black Bull, Upper Thames-street, and taking therefrom 20l. 8s. 0 1/2d.—he made no reply—at the railway station, before we started by the train, he said he had taken the money, and he hoped they would be lenient towards him—I cautioned him that what he said I should tell—I did not search him—the constable at Bristol delivered to me 5l. 0s. 4d.—the prisoner was not present—I said to the prisoner, "There is only a small portion of the money recovered, what has become of the rest of it?"—he said he had spent it.
Prisoner. Q. When or where did I tell you I took the money? A. In the railway station—I did not try by every possible means from the time of leaving the Bristol-station, till we arrived at Paddington, to induce you to admit taking the money—I did not tell you to trust to the leniency of the society, nor say that I considered you very obstinate in not doing so—I did not tell you you were doing very wrong to your wife and family in not doing so—I left you at the Mansion House while the commitment was made out, and I went to the Southwark police-court—I might have gone to the Black Bull—I think I did—I had some bread, cheese, and porter there with the prosecutors—I might while there have exposed to their view some of the property that was taken from you—I showed a guard-chain to the persons there—I have had the property I took from you ever since.
MR. CLARKSON. Q. How long have you been an officer? A. Nine years—upon my solemn oath I did not say anything whatever to induce the prisoner to make a confession, or threaten him if he did not—I am especially appointed as a warrant-officer as well as a policeman.
Prisoner's Defence. I have been accused of taking a certain sum of money, 20l. 8s. 01/2d., when the prosecutor admits there was not that sum there.
GUILTY. Aged 28.— Transported for Seven Years.
MR. CLARKSON stated that the prisoner had defrauded the society to the amount of 40l.
NEW COURT.—Thursday, Nov. 25th, 1847.
Before Mr. Recorder and the Sixth Jury.
77. WILLIAM BAILEY , stealing 1 sovereign, the money of John Smith, his master.; also obtaining 3lbs. of bacon, 1lb. of butter, and 16 eggs, value 5s. the goods of John Taylor, by false pretences; to both of which he pleaded
GUILTY. Aged 14.— Judgment Respited.
MR. CLARKSON conducted the Prosecution.
RICHARD WORLEY. I am a constable, at St. Katherine's Docks. On 8th Nov., about a quarter to three o'clock, I was at the principal entrance—I had received information—I saw the prisoner going out, stopped him, and asked what he had about him—he said, "Nothing particular"—I said, "You must walk with me to the lodge—he did so—I asked what he had in his pocket—he said, some wool which he had drawn from different bales in the ware-house as a sample—I asked if he had any paper about him to show how
he came by them, or a pass to pass it out—he said he had nothing of the kind, and that he was in the trade—I found wool in his pockets and hat, two pounds and three quarters, altogether—it was loose, not in a wrapper—his hat was as full as it could be, so that he could get it on—I turned round to the door to inform Superintendent Mumford, and the prisoner then attempted to destroy part of the wool by throwing it on the fire—it is known to the trade that persons cannot take anything out of the Dock without a pass.
Cross-examined by MR. PARRY. Q. Are there a great many bales in the warehouse? A. Thousands, I believe—when I asked him for papers I meant orders to draw samples.
JOHN PASSMORE MUMFORD. I am superintendent of the Dock Police. I went to the Police-office in the docks where the prisoner was—he said he obtained the wool from the wool-floor, from six different bales—he afterwards said he had taken it (or some) from Brown's warehouse—that is not in the docks, I believe it is near London-bridge—he afterwards said he had taken it from the London Docks—the rule in the docks is never to let any articles that are warehoused go out without a pass—persons in the trade know that.
Cross-examined. Q. Do sales of wool take place in the docks? A. No, in Mincing-lane—wool is not sampled till after the sale—the parties come with a catalogue, and then attend the sale, and buy from their remarks in the catalogue—they feel the wool, and then put it back or drop it in the avenue—that does not become the sweepings of the warehouse, there are men appointed to pick it up again—if they took any away I should take them into custody—there was a sale approaching—it is probable two or three hundred persons had been there that day, examining, not sampling—I do not allow samples of wine to go out without a pass—I require one for all articles, however trifling—I do not know whether there are different sort of wool here.
MR. CLARKSON. Q. Was there to be a sale? A. Yes, at four o'clock—this was at there o'clock.
JOHN BROADWAY. I am deputy warehouse-keeper of the wool warehouse in the St. Katherine's Docks. When wools are landed they are placed in the warehouse—we afterwards receive orders from the merchant to sample them—the brokers then classify and lot them for public sale—the brokers have samples—the buyers examine them by catalogue, but are not allowed to take sample till they are sold, when an order for sampling is obtained by the purchaser—people in the trade know that none is allowed to be taken before selling—I have frequently seen the prisoner there—I saw him on this occasion in the warehouse close by the bales of wool—I thought his pockets were bulkier than they ought to be, I followed him down stairs and gave information to Walley, the store-keeper—I have examined this wool—it is of various kinds—there were such wools in the warehouse—I decidedly think it formed part of what was in the warehouse.
Cross-examined. Q. Did not he say something about samples from Mr. Brown? A. Yes—Brown is a warehouse-keeper, and houses wool for public sale, the same as the Dock Company do—a portion of this wool might have come from Brown's as well as from the docks—there were fifty or sixty people in the warehouse, but the prisoner was last—people do not finger a little and take it away as a sample to my knowledge—it would not be allowed—only brokers take samples—a sample is one or and a half pounds from each bale—if there were 1000 bales to sample, the broker would
be entitled to one pound from each, he would take 1000lbs. of wool—he would be obliged to produce sampling orders for it—wool is worth 1s. 1d. or 1s. 2d. a pound—the prisoner had two pounds and three quarters.
JURY. Q. Are the public made acquainted with the regulations that no goods shall be taken without an order? A. It is well known—we do not profess to tell everybody that comes—there are not printed regulations.
MR. CLARKSON. Q. It is pretty well understood in the wool trade that no sample is to be taken? A. Yes, I was there to answer any questions—if I had been asked if a sample might be taken, I should have said no.
GEORGE NICOLL (policeman, H 99.) I took the prisoner from the Dock house to Denmark-street station—I asked his address—he said, "9, Munning-lane, Bradford, Yorkshire"—he was asked how long he had been in London—he said, a few weeks, and had been living at 49 1/2, Trinity-square.
MR. PARRY called
JOHN WILLIAM FISHER. I am a rag-merchant, in Leman-street, Good-man's-fields. I have known the prisoner about five years, have had heavy dealings in woollen goods with him to go to Yorkshire, and always thought him a highly respectable man.
Cross-examined by MR. CLARKSON. Q. Do you wool samples? A. No—I have heard the prisoner talk about coming to London to make purchases at the docks—I was never there with him—I know from him that he is in the habit of frequenting the docks—I sometimes buy dirty wool with the chippings in it.
Cross-examined. Q. Do you know where he lodged in Wellclose-square? A. Yes—I knew he was in the habit of frequenting the St. Katherine Docks to examine wool—I do not deal in wool, or go to the docks; I deal in shawls and silks—I do not know the dock regulations.
Cross-examined. Q. Where has he lived for the last four or five years? A. I cannot say—I have known him in London buying wools—I have sold him wool-sweepings, which I got at the rummage sales at the London Docks—I never bought any of him.
JOHN PYM. I am a rope and paper merchant. I have known the prisoner five or six years—he is a respectable and strictly honest man—he was in partnership with a gentleman named Little, at 49 1/2, Trinity-square.
Cross-examined. Q. Do you know that he has been in London for the last four or five years? A. Yes—I have generally seen him two or three times a week, but sometimes not for a month or six weeks—I understood, that, after purchasing goods he took them to Yorkshire.
Cross-examined. Q. Where do you live? A. At 4, Errod's-place, Wellclose-square, not at 49 1/2, Trinity-square.
GEORGE NICOLL re-examined. In consequence of information I went to 4, Errod's-place, Wellclose-square—the landlord was at home—the prisoner's room was pointed out to me—I found 16 1/2lb. weight of wool there—(producing it.)
MR. PARRY. Q. Where was it? A. In this sack—it is similar wool to this other.
GUILTY.—Recommended to mercy by the Jury. — Confined Two Months.
MARY HUNT BATEMAN. I am wife of Henry Bateman, timber-merchant, of the Elms, Clapton. I purchased a mantilla Mr. Cook's, 246, Regent-street, and this bill (produced) was brought me by a person—I do not know whether it was the prisoner—I paid the man 3l. 3s., and saw him write a receipt on the bill, which was left with me—it was about seven o'clock on Saturday evening—I live six miles from Regent-street.
FREDERICK WILLIAM SHARPE. I am manager of the business of Charles Cook, of Regent-street. The prisoner was in his service as porter up to 6th Sept., and received money on Mr. Cook's account, which he ought to pay over to the cashier—I was not cashier—he has never paid the money or accounted for it—he admits that the receipt to this bill is his writing—it was his duty to account to me, but not to pay me—he had his leg broken on the night of 7th Sept., within three days of his receiving the money, and was taken to the hospital—I went there and taxed him with receiving the money—he said he had, and as soon as he came out he would make it good to Mr. Cook—the accident was not the reason of his leaving—he came to business very tipsy on Monday morning, and was discharged—it then occurred to me about Mrs. Bateman. and I made inquiry.
Prisoner. It was my duty to pay the money to the clerk, and he should pay the cashier. but I have seen the clerk since. Witness. The clerk had not arrived on the Monday morning when the prisoner was discharged—the prisoner got back at nine o'clock on Saturday evening, and delivered up the change to the cashier which he had taken out in the morning, in case the lady should give him 4l.—he had received it of the cashier—he did not pay the 3l. 3s.—the clerk was not there—he returned the change, and said nothing about the three guineas—as the clerk was not there he ought to have given it to me or the cashier—he came on Monday at seven o'clock—I understand he was taken away to a public-house by some friends—I sent there for him—he came tipsy at half-past eight o'clock—the clerk had not arrived then—this is the only charge against him—he has been six or seven months in Mr. Cook's service.
FREDERICK GEORGE UNDERHAY. I am foreman to Charles Botten, brass-founder and engineer, of Crawford-passage, Clerkenwell. The prisoner was his apprentice—in consequence of something, I had him watched, and on Thursday, as he left the factory, I stopped him, and brought him back within the gate—he said he was sorry, and admitted taking some metal—I found some copper in his pocket—another piece was found by the constable—they weighed altogether 1 1/4lb.—(produced)—this is my master's property—I had marked it, expecting it to be taken—the last time I saw is it was in the factory, where the prisoner worked—I am not certain about this other piece, but there was a piece very similar missed from one of the workmen's benches.
Cross-examined by MR. ROBINSON. Q. Has Mr. Botten a partner? A.
No—the prisoner has been in this service about twelve months—the copper is worth 11d. the piece I marked, about 5d.—the prisoner's conduct was generally good—I suspect he has been in the habit of taking metal—there are about fifty people employed there.
(The prisoner received a good character, and a person engaged to employ him.)
GUILTY. Aged 17.— Judgment Respited.
ANN CARTER. I am the prisoner's sister—I am single, and live in Botolph-lane, Cambridge. I was present at the parish church of St. Andrew Barnwell, at Cambridge, in May, 1836—I do not know the day of the month—my brother was then married, by banns, to Emma Webb, whom I have seen here this week—they lived in Cambridge after the marriage.
Cross-examined by MR. PRENDERGAST. Q. Did you know her? A. Yes—her real name was Amy Semaine—her father's name was Semaine—I only knew what she told me—she said she changed her name, as she did not like the name of "Amy:" she chose "Emma" in preference—she told me before her marriage, that she did not like it, and would not be married in that name—my brother knew her before their marriage—she lived in Gas-lane—that is not a place of high reputation—a great many young ladies live there—I live in a very different part of the town—she always thought it was not a marriage, as she was married in a false name—there was a disagreement between them.
Q. Were they in the habit of saying to one another that they were not married? The COURT considered that this question could not be put, any attempted impeachment by the parties themselves, of the legality of their marrtage, not being admissible; and having, at MR. PRENDERGAST'S request, consulted MR. BARON PARKE, decided that the parties declaration invalidating their own marriage could not be received.
Witness continued. She was sometimes called "Amy," and sometimes "Emma"—she went by the name of "Webb" to the world; but when her friends came they called her by her right name—her father is a horse-slaughterer—I saw him at the marriage.
JOHN HARVEY (policeman, G 118.) I produce a copy of the register of marriages, at St. At. Andrew's the Less, Cambridge, in June, 1836—I have compared it with the original, at the clergyman's house; it is a true copy—I also produce a copy of the register of marriages, at Hackney Old Church—I have compared it with the original—it is a true copy. (The certificates were here read.)
EMMELINE PETTITT. I am nineteen years old—I lived in Brick-lane, Spitalfields, and lately at Frederick-place, Kingsland-road. I have known the prisoner four years, and was employed by him as assistant in his knitting manufactory—he paid me wages—I know Emma Carter, who lived with him—I walked out with him since last Christmas; in consequence of which, words passed between him and the person passing as Mrs. Carter—I afterwards left, and was married to him on 13th Sept., at Hackney Old Church, by banns—Elizabeth Wood was present—I lived with him as his wife till he was taken in charge—I did not think he was legally married before—I thought he was not married—the woman said she was not legally married to him, and I thought I was at liberty to do so.
Cross-examined. Q. Was not she willing to accommodate you to live in the house? A. Yes—she offered to let us have apartments in the house since we have been married, but I would not stand it—my father, and everybody else, thought the first marriage was null.
Cross-examined. Q. It was no secret that some ceremony had taken place between the prisoner and another woman? A. No.
GUILTY.— Confined Six Months.
PETER PIGE. I live at Font Cottage, Goldsmith-row, Shoreditch. The prisoner was in my service—I discharged her on 2nd Nov.—I had put away some money, consisting of gold, silver, and copper, in some rags in the chimney in my bed-room, to the amount of upwards of 20l. I think, I am not certain—after she was gone I missed some—by a book which I kept, there was a deficiency of 9l. 17s. 5d.—I went with the officer to Mrs. Hodges, in Goldsmith-row, and found the prisoner there—one piece of rag such as the money was wrapped in, was given to me by Mrs. Hodges—I knew that piece—I saw some pieces of rag taken by the officer—I cannot identify any of them as having contained any of these parcels of money—I know that the rag that Mrs. Hodges gave me, had contained a parcel of money, but I do not know how much—I cannot tell whether there was gold, silver, and copper in each of the parcels—they were handed to me by my young man—I did not see the contents of them before I put them away.
GEORGE TEAKLE (police-sergeant, H 8) On 4th Nov. I went to Mrs. Hodges, in Goldsmith's-row—I found the prisoner there in bed—I told her she was charged with stealing money of Mr. Pige, her master—she said she knew nothing about it—she got up and dressed—I saw on the bed her pocket and a bottle with some gin in it—I found in her pocket 28s. in silver and some duplicates, and some old pieces of rag in the bed—Mr. Pige said he could swear those wrappers had contained parcels of money—she said, "I did not take the whole of your money; I own I took one lot; that is your wrapper, that belongs to you"—she did not mention any coin that she had taken.
PETER PIGE. I missed a blanket and other articles—the officer found the duplicates of them on the prisoner, and I found the articles at the pawnbrokers—these are them—the prisoner said they were my property, and she had taken them from me, but she intended to get them out again—these are the duplicates—the pawnbrokers are not here—the articles were ordered by the Magistrate to be given up, on account of her admitting that she stole them.
Prisoner's Defence. I took the things, thinking when he settled my wages with me I would get them out.
MR. RYLAND conducted the Prosecution.
GEORGE ALLLEN. I am an officer of Excise. On Wednesday evening, 3rd Nov., I was near Rood-lane, in Fenchurch-street, between six and seven o'clock—I was carrying a bag in each hand—some female came up to me—I do not know her—she either asked me the way to the railway station, or whether I had come from the railway station—she did not stay with me, she went away—I had a silver watch, secured with a silk guard—after she was gone, a policeman came to me, and in consequence of what he said I missed my watch—the guard had been broken or cut, I do not know which—my watch was afterwards shown me by the policeman—this now produced is it.
Cross-examined by MR. PAYE. Q. Did you not tell the policeman two or three times that you had not, lost anything? A. Yes, twice—I thought I had not—there is no mark on my watch—it is a common one—I do not know that it has any number or maker's name—I have no doubt of its being mine from my general knowledge of it—I had had it about ten months—I had it from Birmingham—it went pretty well—I did not know it was taken, nor that the guard was broken—I had been to the Permit-office, in London-street, Fenchurch-street—I was quite sober.
Cross-examined by MR. PARRY. Q. How long did the woman speak to you? A. I do not know—I am married—I believe this is a silver watch—I will swear it is mine—I believe it to be mine by the general appearance of it—I had only this one—it came from Birmingham, through the Post-office, in a tin box—I paid 3l. 15s. 8d. for it—this is the bill of it—I did not agree to give the woman 5s. for any purpose—I will swear that—I do not recollect seeing the female prisoner till the next morning at the Mansion-house—I should think not a minute elapsed between the woman leaving me and the policeman coming to me—he asked me twice if I had lost anything—I told him no—he said he wished me to satisfy him—I put one of the bags on the pavement, put my hand in my pocket, and missed my watch—I had seen it safe that morning, and several times during the day—I had seen it within an hour—I walked through the street with a bag in each hand—I did not take notice of the woman who spoke to me—I do not think I had spoken to any other person but her and the policeman.
MR. RYLAND. Q. You believe your watch was safe at the office in London-street? A. Yes, that is better than 200 yards from where the woman spoke to me.
JOSEPH HEDINGTON (City policeman, 20) I was in company with Haydon in High-street, Borough, on the evening of 3rd Nov., about a quarter before six o'clock—I saw the three prisoner—Curtis walked first, followed by the two men—they were about five or six yards apart, but they varied the distance from time to time—I watched them—they went over London-bridge, and about the centre of the bridge Curtis spoke to a gentleman—they then went up King William-street to Lothbury—Curtis there spoke to a gentleman at the corner of the Bank for a few minutes—she then returned to the men, and they walked to the end of Princes-street—they separated and went past the Bank, and in Exchange-buildings they spoke for two or three minutes—they then went on, and appeared to have missed Curtis—Thomas went on to Gracechurch-street, and I after him—he saw Curtis standing there, and he held up his umbrella, she nodded—she then went down Gracechurch-person
followed him—he then slackened his pace and began to walk—I street, and the men on the other side—they walked on to Fenchurch-street—they again separated, and near Lime-street Curtis spoke to a gentleman—he left her, and she went and spoke to the prosecutor at the corner of Philpot-lane—she left him, and the two men went over to her, and were looking down—I went and spoke to the prosecutor—he said he had lost nothing—I asked him again, and desired him to satisfy himself—he left in his pocket, and missed his watch—I went down Philpot-lane, and met the two men—Green struck at me with a riding-whip—I called Haydon, and we took them—I searched Green, and found on him a gold mourning-ring, a diamond ring, a gold pin, a silver watch, a gold guard, and a seal—at the time I saw Curtis go to the prosecutor the men were in sight—Green was standing very nearly opposite to her, and Thomas a minute before crossed on the same side that Curtis was on—they were both within a very few yards of her—on that same day I had been with Haydon at the police-court, Southwark, and Green and Cutis passed us—Green then had a small black and white dog with him.
Cross-examined by MR. PAYNE. Q. You say when Curtis spoke to the prosecutor one of the men was on the opposite side of the way? A. At first they were both there, but Thomas crossed, and went and stood very near where the prosecutor stood—he crossed and went down Philpot-lane after the robbery, but he had passed Curtis and the prosecutor, while they were talking, he passed on towards Gracechurch-street—Green was on the opposite side of the street, standing looking over to Curtis—when I went up to the prosecutor the two men were coming towards me up Philpot-lane again—I laid hold of Green by the scarf, and he struck me.
MICHAEL HAYDON (City policeman, 274.) I was in company with Hedington in High-street, Borough, on 3rd Nov.—I saw the prisoners—we watched them, and fallowed them over London-bridge—on the bridge Curtis accosted a gentleman, and the two men were at a little distance behind—they then went down King William-street, down Princes-street, and at the corner of Lothbury Curtis accosted a gentleman—the two men were, as before, a short distance off—Curtis remained with the gentleman about five minutes—she then returned to the men, and said something to them—they walked up Princes-street to the corner of the Bank, and passed to Bartholomew-lane to the corner of Exchange-buildings—there they all joined again, and stood by a shop window—from there they went to Cornhill, and on the left-hand side Thomas appeared to have lost sight of Curtis—he started off to Gracechurch-street, and Curtis crossed and walked to the corner of Gracechurch-street——there Thomas recognized her, and he appeared to raise an umbrella—they then walked down Gracechurch-street, and at the corner of Fenchurch-street they separated—Curtis went to the corner of Lime-street and accosted a gentleman—she left him, and accosted the prosecutor—the two men were then standing opposite, at the corner of Lime-street—I watched them about a minute, and suddenly Curtis left the prosecutor, who had something in hishand, which I think was a carpet bag—Curtis started, and the two men came close to where she and the prosecutor were standing, and were looking down as if they had lost something—Hedington asked the prosecutor if he had lost anything—he said, "No"—Hedington said, "Feel your pocket"—he did, and he said, "Yes, my watch is gone"—Hedington started after the two men who had gone down the lane—I was going after Curtis, but I heard Hedington cry for assistance—I turned back, and saw him struggling with Green—Thomas ran past me—I pursued him about half way down the lane, and cried, "Stop thief"—some
and ten—I did not sell you anything—you said you would call next day at went up and secured him—I handed him to a brother officer, and as I suspected Curtis would return to the Borough, I followed her, and at the foot of London-bridge I saw her—I stopped till another officer came up in case of a rescue—I then went up to her and said, "I am a constable, I want you for stealing a watch from a gentleman"—she trembled and said, "Come this way, here it is, here it is," putting her hand in her pocket and pulling out this watch—I showed it to the prosecutor within ten minutes afterwards and he claimed it.
Cross-examined by MR. PARRY. Q. I believe the prosecutor went to the station that night? A. Yes—he saw Curtis that night—I should say he is quite mistaken if he says he did not see her till the next morning.
GREEN— GUILTY. Aged 35.
THOMAS— GUILTY. Aged 24.
Transported for Ten Years.
MR. RYLAND conducted the Prosecution.
CHARLES BARNES BARFOOT. I live in the Strand. On Sunday evening, the 10th of Oct., I got out of an omnibus in Gracechurch-street, between eight and nine o'clock in the evening—I had a gold watch in my waistcoat-pocket, fastened with a gold chain round my neck—I had seen my watch a few minutes before—when I got out, Curtis came up to me at the corner of Lombard-street—I forget the observation she made, but I went along Lombard-street, and she followed me to the corner of Nicholas-lane, which was twenty or thirty yards—she was with me a few minutes—she then ran away and immediately Hancock appeared—he said, "Halloo" in a sort of alarm—I said to him, "I thought you were a policeman"—he said, "No"—he left me and I discovered that my watch was gone, but not the chain—I gave a description of the prisoners to the police—I next saw Hancock in custody at the station—he had been apprehended from the information I gave—he is the man—Curtis I recognized in Newgate—the swivel of my watch chain was very loose—the watch could be detached from it by a snatch.
Cross-examined by MR. PARRY. Q. When did you see Curtis in New-gate? A. About a week since—she followed me at first—I went up the court with her for about two minutes—we were standing pretty close together—I was rather in a suspicious position with her—I did not notice whether the court was dark or light—it was in the road I was going—my watch has not been found.
COURT. Q. Was there anything in the state of your dress or otherwise to induce the exclamation of "Halloo?" A. No.
WILLIAM NEWNHAM (City-policeman, 67.) I knew the two prisoners—I heard of this robbery, and about two nights afterwards I saw the two prisoners in company together in a public-house in Cannon-street—they came out and walked by the White Bear, and there the woman separated from the man—she walked up King William-street with a gentleman whom the accosted there—they just passed the end of Nicholas-lane, and the man followed them, and he turned up Nicholas-lane—I went up Abchurch-lane and saw the woman and gentleman standing talking, and the man was just by in a door-way—the women then left the gentleman and I told him he was in bad company—I have seen the prisoners in company in the street since then.
COURT to C. B. BARBER. Q. How shortly before you got in company with the female were you conscious of your watch being in your possession? A. About ten minutes—I am not exactly certain it was in my possession when I got out of the omnibus, but when I was in I had it—I was not more then two or three minutes in the woman's company—the man had no opportunity of actually taking the watch—it must have been taken by another person—he came up with his hat in his hand behind him—he came from Lombard-street—I was standing close to the woman, side by side and talking to her—I was not about to remain with her if he had not came up.
Hancock's Defence. I am perfectly innocent; I know nothing about this woman or the watch.
CURTIS— GUILTY. Aged 19.— Transported for Ten Years.
HANCOCK**— GUILTY. Aged 43.— Transported for Seven Years.
OLD COURT.—Friday, November 26th,1847.
GUILTY. Aged 19.— Confined Four Months.
GUILTY. Aged 21.— Confined Twelve Months.
GUILTY. Aged 31.— Confined Three Months.
MR. PARRY conducted the Prosecution.
GEORGE GARRETT. I am the son of John Garrett, a lapidary. On 1st of July the prisoner came to our shop for some goods which he had looked out the day before—I had not served him in the first instance, my father had—he first asked for the invoice—I gave it to him—he opened the persons, looked over them, and upset a paper of pearls on the counter—he then said the papers were not large enough to contain the goods—I turned my back to get a larger piece, and he then said he would call again next day—I did not miss anything then, but in the after-part of the day I missed a carbuncle-garnet, a ruby, and an emerald.
Prisoner. Q. What time did I call in the morning? A. Between nine
eleven o'clock, and pay my father—the things were not to be taken away until they were paid for.
COURT. Q. Did he come next day at eleven o'clock? A. No, I never saw him again till he was at the police station.
JOHN GARRETT. I am a lapidary, in Red Lion-street, Clerkenwell. On 30th June the prisoner came to my shop to look at some stones—my son was showing them to him as I came in—I missed the articles stated, on the afternoon of 1st July—they are worth 8l.—I saw nothing of them till a fortnight afterwards, when Mr. Rothschild came to sell me some stones, and among them was this carbuncle, which is worth 50s.—I recognized it at once.
Prisoner. Q. At what time did you miss the things? A. About five o'clock, on 1st July—you had told me the day before, that you would come at eleven—I was there at eleven to meet you, but I found you had been soon after nine—I have my book here—on 30th June there is entered, as selected by you, four carats of emerald, a gross of stones, a large ruby, and an emerald, which were two of the articles stolen—I can swear to this carbuncle being mine—it was manufactured in my place—it is Indian cut, and has been re-cut by ourselves; and that is why I know it more particularly.
COURT. Q. Did you say that these things were sold to him the day before, only not paid for? A. He looked them out the day before—he was not to have them without the money—he was to call next day at eleven, and pay for them, but he did not.
Prisoner. Q. How long was it in your possession? A. A fortnight—I then gave it up to Mr. Garrett—I know this to be the same I bought, because I had only one of that size—sometimes I have thousands—if I were to show you a paper with fifty garnets, and you were to select a dozen, and then mix them again, I could not tell which you had selected; but at that time I had only one—this is a carbuncle-garnet.
NATHAN JACOB CALISHER. I am a dealer in precious stones, 88, Aldgate. The prisoner came to my shop last July—I did not purchase anything from him then—he came again, and I then bought of him a carbuncle-garnet, an emerald, and a ruby—the carbuncle-garnet was similar to that produced—I had no others in my possession at that time—I sold it to Mr. Rothschild—the prisoner said he was a foreigner, and dealer in stones—he has a foreign accent.
Prisoner. Q. When I first came, did I not say that I had more articles, and would call again? A. Yes—you did not sell me any emeralds—you showed me two—I cannot swear this is the same carbuncle you sold me, but I had no other, and that I sold to Mr. Rothschild.
JOHN GUNN (policeman.) I took the prisoner into custody—I told him what is was for—Mr. Garrett and his son were with me—he said he was a stranger to Mr. Garrett, he never saw him before—I asked if he knew the son—he said, "No, I am a gentleman; you are mistaken in the man"—I found 8d. in his pocket.
Prisoner's Defence. I certainly sold Mr. Calisher a ruby, and a carbuncle, but I was in possession of rubies, emeralds, carbuncles, and all kinds of stones; I went to Mr. Garrett's shop at ten o'clock, as the son states; if he had any suspicion, it was his duty to have told his father immediately.
GUILTY. Aged 33.— Transported for Seven Years.
Before Lord Chief Justice Denman.
MESSRS. BODRIN and CLERK conducted the Prosecution.
GEORGE SILVERTON. I am a fisherman, in George-street, Adelphi. On Friday, 27th Aug., I was at my door, and saw the Cricket steam-boat at the pier of the Fox-under-the-Hill—I saw the explosion, and immediately ran down to the boat, and found the deceased, Thomas Shed, lying in the after-part of the cabin—the boat was sinking, and was torn to pieces—I was assisted by the captain—I found the boy, Shed, covered with wood and water, and a stream of blood coming from him—he was insensible—I took him to Charing-cross-hospital—I saw his father there afterwards that same day.
ARCHIBALD HENRY HAMILTON. I am a short-hand writer, 6, Francis-street, Waterloo-road. I was a passenger by the Cricket on 27th Aug.—I was on the Fox-under-the-Hill pier before I went on board, and she was coming up the river from London-bridge—it was about half past nine o'clock in the morning—I remained on the pier about five minutes before I went on board—she came up, and discharged her passengers—I stood talking to a gentleman—I should say there were about sixty persons when I went on board—some came after that—I was in the fore part of the vessel when the explosion took place—I was on board about three minutes before the explosion—she was very near the pier, if not quite at it, when I first saw her—I did not notice whether her wheels were in action or not—I should think they were quiet from the time she stopped until the explosion, but I did not take my notice of that, and cannot speak about it—I noticed no escape of steam from the chimney while she was lying alongside the pier—if there had been any I must have seen it, because I noticed it particularly.
Cross-examined by MR. SERJEANT WILKINS. Q. Have you often travelled by steam-boats on the river? A. Not by the halfpenny boats, but frequently by other boats—I am not at all an engineer—I should say the boat had been alongside the pier somewhere about five minutes before I went on board—I was engaged during that time in conversation with a gentleman—there was not any confusion before the explosion took place—there were people passing and repassing—sixty people had gone on board before me, and I think more than that number had come on shore—there was the usual confusion—I think there were from 90 to 100 on board, or from that to 120, when the explosion took place—it was an extremely beautiful morning, and the atmosphere was very clear, and I think if the steam had been blowing off I must have seen it.
COURT. Q. What induced you to observe that no steam was blowing off? A. Because I had had an argument three or four days before with a gentle-man about these very halfpenny boats.
MR. SERJEANT WILKINS. Q. You have usually gone by other boats? A. Yes—I never went by these boats before—I do not know the difference between a high and low-pressure engine—the steam-chimney is the small chimney that comes up beside the large one—I saw no steam escaping there—I think there was a little smoke coming from the funnel.
MR. BODKIN. Q. Did you hear any noise? A. I did not—I did not
expect to see the steam coming out of the small chimney—I did not see any steam whatever blowing off.
MR. SERJEANT WILKINS. Q. Did you not say that you expected to see steam coming from the small tube beside the chimney? A. No, I did not say that—I expected to see the steam come out of the funnel where the steam generally escapes from—the steam generally escapes out of the funnel when the vessel is alongside the pier—I do not know whether the steam generally comes out of a tube, with a knob like an acorn at the end of it—I expected to see the steam escapes from the usual funnel, that goes up alongside the chimney.
MR. BODKIN. Q. You have been on board steamers when the steam has escaped? A. Yes—I have noticed the noise that it occasions—I did not hear any such noise on this morning—I could not have helped hearing it if it has escaped—I did not notice whether the steam-pipe, after going up some height independent of the chimney, communicated with the chimney.
JAMES HOOKEN. I am a tailor, in Maddox-street, Hanover-square. On Friday, 27th Aug., about twenty-five minutes past nine o'clock, I went on board the Cricket steam-boat—it was alongside the pier when I came down—I saw the boat from the time I got the under the dry arches, and I got down to the bottom as quick as I could—that would take me perhaps two or three minutes—I was on board about six minutes before the explosion took place—I saw the boat six or seven minutes before the explosion took place—during that time I did not see any steam escaping—I observed that there was not any—I have frequently gone by steam-boats on the river, and very frequently by these particular boats—it is a common practice with me to do so; having travelled by steam-boats for years, I am familiar with the noise that steam makes when it is blowing off—I have heard that noise in the Cricket on other occasions—there was no such noise in the Cricket on this occasion during the time I saw the boat at the pier; there was no noise whatever, it was as still and as quiet as possible.
Cross-examined by MR. SERJEANT WILKINS. Q. It was so still, that you might have heard a pin drop? A. You might—it is my impression that there were about 200 people on board—I have been given to understand that the steam blows off through the funnel where the smoke escapes from—I mean the chimney—I cannot say that I have ever seen it blowing off there—I have generally heard a hissing noise—I have heard that when I have not seen steam—I believe I have seen the steam escape on board these boats—I take it for granted that I have—my object this morning was to get Black-wall as quickly as possible, where I had business—I was not with anybody that I was acquainted with, prior to going on board—I was not in conversation with any one at the moment of the explosion—directly I went on board I turned to the right, towards the stern of the vessel, and took my seat on the river side of the stern—there was no one close to me—the boat was going to London-bridge.
MR. CLERK. Q. You say when steam was not blowing off you heard a hissing noise? A. I have heard a hissing noise when I have not been aware that the steam was blowing off—I have heard hissing noises from these boats, and I have not observed steam blowing off at the time—I took it for granted that I had seen the steam blowing off through the funnel, hearing it blowing off—I cannot say that I particularly noticed the top of the chimney, to see it—when I heard it, I was satisfied that such was the fact, I observed no further—I heard no hissing on this occasion.
on board the Cricket at the time the explosion took place, and had been on board four or five minutes—I went on board at the Fox-under-the-Hill pier—I sat in the after part of the vessel, close to the paddle-box—when I got on board, there was no steam blowing off whatever—I have been on board steamer when the steam has been blowing off—I did not hear any noise, it was quite quite—the pier is about 100 yard long—while people are going down this pier, they have an opportunity of seeing the chimney of the vessel—I did not notice whether any steam was blowing off as I was going to the boat, or whether any smoke was coming out the chimney—I noticed nothing till I sat down—I then saw no smoke, and heard no noise.
Cross-examined by MR. CLARKSON. Q. Were you alone or in company with any one when you went on board? A. I was not in any particular company—I was sitting alongside a costermonger—I had gone on board alone, and put my basket down by me—I was taking to the costermonger—I had been sitting there a minute or two when the explosion took place—I dare say I was in talk during the whole of the time—I am nothing of an engineer—I do not know the difference between the working of a high and lowpressure engine—I know nothing about the blowing off of steam, except by hearing the noise—I did not make any observation on the funnel of the engine so as to tell how it was constructed, or of how many pipes it was composed—my attention was not addressed to it from any anticipation of danger—my observation was entirely casual—I heard no noise—I was looking out for the captain to take us away, as I was rather late that morning.
MR. BODKIN. Q. Do you mean that you were rather late, or that the boat was rather late? A. I was rather late.
WILLIAM REDGRAVE. I am a tailor, in London-street, Fitzroy-square. On 27th Aug., about a quarter or half-past nine o'clock, I went on board the Cricket as soon as she came up—my wife and eldest son were with me—we were on board at the time of the explosion—that was about five or six minutes from the time I first saw the boat, as near as I can possibly guess—I do not think we were on board more than four or five minutes—I am positive there was no steam blowing off while I was on board.
Cross-examined by SERJEANT WILKINS. Q. I believe you have commenced two or three action against the Company? A. I have, in conesquence of injuries sustained on this occasion—I know nothing of engineering—I expected to see the steam from some part of the top, near the chimney—I always have seen it near the side of the chimney, and sometimes underneath the paddle-boxes—I expected to see the steam either from some part of the side of the chimney or beneath the paddle-boxes—I saw none at either of those places—I named to my wife how quietly we were sitting—I did not notice whether or not there was any smoke from the chimney—I was going to London-bridge on business—I was talking to my wife, and was anxious to go off—we were looking for the parties to come on board and work the vessel—I was not in conversation with any other party—I was complaining of their waiting—I was not before the Coroner—I gave a statement of this to my solicitor first—I think that was seven or eight days after the accident—I first made a statement for the purpose of this prosecution one day last week—I did not go before the Grand Jury.
HENRY CRASE. I am surveyor, in Adam-street, Adelphi. I was on board the Cricket at the time of the explosion—when I came down the pier the boat was alongside—I was on board about five minutes before the explosion—during that time there certainly was no steam escaping from any part of the vessel.
Cross-examined by MR. SERJEANT WILKINS. Q. Were you examined before the Coroner? A. Yes—in my first statement I said nothing about the steam—I was not called back, but a question was asked of me—I was going from the Adelphi into the City—I did not expect to see the steam, because it escapes in these boats through the funnel—I expected to hear it—I was not engaged in conversation—I was about the sixth person from the boiler.
JAPHET EDWARDS. I was formerly stoker on board the Cricket—I first went there in June, 1846, to the best of my recollection—I remained about two months, and was then transferred to the Ant—I came back to the Cricket at the beginning of the summer, and was discharged at the latter end of May—when I first joined it, a person named Kent was the engineer, and had the management of the boat—after that a person named Clark acted as engineer—he was there when I left—I am not aware that he was succeeded by Heasman—I know Heasman perfectly well—I have seen him occasionally driving the Cricket during Clark's time—Clark was the regularly appointed engineer to the Cricket—I joined her before she ran in actual service—her machinery was then all new, and her engine was a high-pressure engine—during Clark's time there were two lines attached to the two valves—I did not notice that in Kent's time, there merely was a bit of line as a sort of check, which he used to prevent the valves from getting hung on their seats—he used the check occasionally for shaking the valves, provided they got hung on their seats—there were two spring-valves, and two lever-valves—the string was attached to the lever-valve on the larboard bow—(pointing it out upon a model produced)—during Clark's time, I have seen other uses made of those lines—a beam came in front of the boiler, two large spike nails were driven into the front of the beam, and usually had those lines drawn taul, drawn as tight as possible, and made fast round the nails, so as to confine the valve from acting—there were two lines during the time Clark was there—he always made a practice of it, and we frequently had quarrels respecting it—it caused a great pressure of steam, consequently the engines worked quicker—frequently it caused the engines to get hot, in consequence of the steam being so very strong—whenever I got an opportunity, when Clark's back was turned, I always made a practice of letting go the lines—Clark has frequently rebuked me for it—when the lines were tight, in the way I have described, no steam whatever escaped up the funnel—there was a steam-gauge in the engine-room, such an instrument as this one produced—that is intended to indicate the pressure of the steam in the boiler—when the valves were not tired, they would left at about forty-four, indicated by the gauge, and the steam would escape—when the lines were tight, I noticed that after it exceeded forty-four, the mercury would get into such an agitated state that it was impossible to tell exactly what pressure we had—I have seen a small bubble of mercury rise to 200 on the gauge, with air and water intermixed.
Cross-examined by MR. SERJEANT WILKINS. Q. How long were you on board with Clark? A. I think about three weeks altogether—he joined at the commencement of last spring—while I was with him he was constantly in the habit of tying down the valves—sometimes the engines got hot—I never noticed any portion of the boiler red hot—I repeatedly warned Clark, and I reported him for it to the owners—no repairs were rendered necessary to the boiler, in consequence of his improper use of it while I was there, further than one morning when I was getting up the steam the steam-pipe burst—it split—that is the pipe that leads under the flooring of the engine, and
conveys the steam to the engine—I never noticed particularly that the boilers leaked or dribbled—I have heard internal noises, and have called Clark's attention to it, and begged him to release the valves, or there would be an accident, reminding him of the persons' lives that were at stake—I never heard any steam escape when these valves were tied down—if any had escaped I must have heard it—in Kent's time the string was tied to the valve on the larboard boiler, the one that did not explode—I never saw that tied in Kent's time—he used it as a check during the time I was on board—I never meddle at all with Salter's spring-valves—I never touched them once, I did not understand them—the string was attached to the extremity of the lever on the larboard boiler, and I have seen Kent frequently, perhaps just before the vessel would stop at her destination, or perhaps afterwards, give the line a shake, to ascertain that the valve acted freely, that it did not stick in the socket, that it acted in a proper mode—the spike-nail on the larboard said was driven in, and Kent used to have a string tide to it and hung up just out of my way.
MR. BODKIN. Q. Was it the same nail that you afterwards observed in Clark's time? A. There were stronger nails then—there was a piece of 3-8 iron driven in after that, so as form a sort of cleet—there are two nails to each line—I never heard any steam escape when the strings were tight—if Salter's spring-valves had acted, I should have heard the steam from them the same as the others—it did not appear to me that they acted at all.
WILLIAM WILLIAMS. I am an engineer at Ashford, in Kent, and have been on board the Cricket on different occasions—I cannot tell the exact day that I was last on board—it was about two months before the explosion—on that occasion I observed the lever of the safety-valve—there was a spun yarn of string attached to it—it was tight—the boat was not stationary at the time—I never observed it when it was stationery—there was only one string—it was on the starboard side—the valve could not act with the string in the state in which I observed it.
HERMAN REED. I am a manufacturer of musical instruments—I was on board the Cricket on the Sunday immediately preceding the explosion—I went on board at London-bridge, and came up the river—I saw some lines attached to the machinery in the box covering the down of the boiler—I mean the box that comes round here on deck—there was one line on the right side, and one on the left—they were attached to the lever of the valves—they were not hanging loose—they must have been drawn tight—they were in a slanting direction—they did not bag at all, that I noticed, they were straight—I could have put my hand to them, but I did not wish to meddle with anything I had no business with.
WILLIAM WARREN. I am an engineer. I was on board the Cricket, in April last—on the Wednesday before the explosion I was on board the Cricket—I then observed that the leavers of the valves had a spun yarn attached to them, as I had seen them before—the spun yarn was attached to the end of the safety-valves, then passed under a beam and made fast to a nail or staple on the beam, but I did not go down into the engine-room at that time—I felt the lines, and they were tight—that was in April—on this last occasion all I saw was on deck—the string appeared to be in the same condition at the top as it was in April, when I went down into the engine-room and examined it—the boat was stationary at the time—there was no steam escaping—that caused me to leave the boat, and I stood on the pier till it started—there was no steam escaping during the whole time it laid by the pier.
RICHARD PATER. I was acting as stoker on board the Cricket at the time of the explosion—I had been so for about three weeks—the prisoner was then acting as engineer in charge of the engine—he came there after me, and had been acting about a fortnight at the time of the explosion—I have noticed two lines that were attached to the end of the safety-valves, they were there all the time I was there—I have seen those lines pulled—I have seen the iron nails or spikes, and have seen the lines hung over the spikes—I never took notice of the two spring-valves—I never noticed any steam escape by means of the spring-valves—I have seen it escape by means of the other valves, which had the weights on them—those weights shift from one end of the lever to the other, like a steel-yard—during Heasman's time the weight was always in the same place, about an inch from the end—I have seen him pour oil into the spring-valves, but I never saw act—on this morning the boat made four trips from London-bridge to this pier before the accident occurred—this pier was the conclusion of the trip—Heasman was in the engine-room while the passengers were landing—I was in the cabin—I saw Heasman after we got to the pier, before the explosion—he was then just coming out of the engine-room as I came out of the cabin—he was on deck—I did not see him go on to the pier—he stood by the larboard paddle-box—I believe there was then no one in the engine-room—I remained near the paddle-box until the explosion took place—he remained there also—just before he came out of the engine-room, I heard a noise like some one trying the water, turning one of the taps in front of the boiler, to ascertain that there was a proper quantity of water in it—the noise I heard was the noise of water passing—I was on deck about two or three minutes before the explosion took place—Heasman was standing by me all that time—I did not notice whether there was any steam blowing off at that time—when it blows off it makes a considerable noise—I have not been used to engines of a low pressure—I had seen the lines attached to the levers on that day—I might have seen them when we were at London-bridge—I recollect the steam blowing off the last time we left London-bridge, while the vessel was lying alongside London-bridge wharf—the trip from there to the Fox-under-the-Hill takes about six or seven minutes—I do not remember hearing it blow off after that—the lines came down direct from the levers into the engine-room—there were no pulleys.
Cross-examined by MR. SERJEANT WILKINS. Q. There ought to be pulleys, ought there not? A. Yes, that deficiency is attributable to the engine-maker—there are pulleys in the Ant and Bee—the use of the pulleys is instead of pulling the lever down, to pull it up—they pass over this place (referring to the model) and pull the lever up—I have seen those lines pulled to release the valves, to move them from being stuck in the sockets—there are pulleys in the other vessels, one to pull up and the other to pull down—the steam-gauge is our only guide as to the pressure of the steam—I noticed the gauge when we were at Waterloo-bridge, and it them indicated about 24 or 25—we were about a minute coming from there to the Fox-under-the-Hill—in the case we should rather exhaust than increase our steam—in the ordinary course of things when we got to the Fox-under-the-Hill the steam would be very low—I had not made up the fires at all before going on deck—if there was any escape of steam at that time it would be very slight, as the pressure was so low.
MR. BODKIN. Q. Do you mean that the gauge is the only guide you have as to the pressure of the steam? A. Yes—I know what pressure the
boilers used to work at, it was 40lbs. to the square inch by the gauge—the valves opened at a pressure of about 39lbs. by the gauge—we know, without reference to the gauge in the engine-room, when the safety-valves act, when the steam escapes and blows off—that would indicate to us that the pressure had arrived at the working power, without reference to the gauge, supposing the valves to be open and in action—I have seen Heasman oiling the valves—in order to do that he would have to come on deck and examine them—he would then have an opportunity of seeing whether there were pulleys or not—it is usual for the pulleys to be down in the engine-room, between the engine and the boilers.
MR. SERJEANT WILKINS. Q. Is it not usual for the engineer, whenever he has a chance, to come on deck to get air? A. Yes, the heat beneath is intolerable.
MR. BODKIN. Q. Is it not usual, when he dose that for the stoker or some other person to remain in the engine-room? A. The stoker generally dose remain there.
JOSEPH WHELDON. I was foremast hand on board the Cricket on 27th Aug.—I had been working on board four months before the time of the explosion—at the time of the explosion I was outside the paddle-box, where the passengers step on board—I saw Heasman come on deck, out of the engine-room—the stoker was there also—Heasman had hardly been out of the engine-room a minute and a half before the explosion—I heard him try the water-cock before he came on deck, and heard water escape—I noticed no other noise, further than the jet-pipe open for the draught of the fires in the funnel—I mean the draught of air—it is a steam blast—I do not know the noise made by the blowing off of steam on board the Cricket.
Cross-examined by MR. CLARKSON. Q. Is it the custom for the engine-driver to come up for air when the vessel is alongside the pier? A. Yes—when Heasman came up he came and spoke to me just by the gangway of the engine—I should say that was about the most dangerous place he could be in in case of an explosion—when I heard him try one of the water-cocks before he came up, I heard the water fall on the plate of iron, denoting that there was water enough in the boiler—when the vessel is alongside the pier receiving passengers it lists to and fro, what we call a careen—I heard no hissing noise just before the explosion took place further than the jet pipe—I cannot say whether a slight escape of steam makes a noise if the gauge indicates a low pressure—I have not been in the engine-room—I do not know what wages the prisoner received—he was a weekly servant like myself—he was engaged to drive the engine.
MR. CLERK. Q. Was there any other person who had charge of the engine beside the prisoner at the time you were there on the 27th of Aug.? A. No—the stoker act under the orders of the engineer, and his duty is to make up the fires—the boat sometimes careens over when a number of passengers are coming off at the same time—a dozen passengers coming on one at a time in the course of as many minutes would make the boat careen over—one person coming on board makes the boat careen.
ALFRED CRIPPS. I was engaged on board the Cricket as foremast hand, at the time of the accident—I was on the larboard side at the time of the explosion—the prisoner was standing alongside of me—we were standing there two or three minutes before the explosion—I had been on board all the trip—the vessel had been at the pier three or four minutes before the prisoner came from the engine-room, and then he stood with me there or four minutes
before the explosion took place—while the vessel was alongside, before the explosion took place, I heard a little whizzing noise—I do not remember the steam blowing off at London-bridge before we started—I am familiar with the noise steam makes in blowing off—generally speaking it makes a great noise—what I heard was a little whizzing, not a second before the explosion took place.
Cross-examined by MR. SERJEANT WILKINS. Q. I take it that the noise the steam will make, depends upon the quantity escaping? A. Yes.
EDWARD MARTIN. I was captain of the Cricket steam-boat. The prisoner was engineer on 27th Aug., and had been so about thirteen days—I do not know that any instruction were given him as to what the working powers of the boiler were—I had nothing whatever to do with the boiler—I knew there were strings attached to the levers of the valves, but I do not know whether they were there at the time of the explosion—I recollect being at London-bridge that morning before we came up on the last trip, steam was blown off there—after we arrived at the Fox-under-the-Hill, I did not remain a minute on board—I was on the pier-barge at the time of the explosion—I had not been there ever since I left the boat, I had been to the top, and back—I should think it must have been eight or nine minutes form the time we arrived, until the explosion—we were not behind our time—the time was scarcely up—she exploded as I came down the pier—she had then been in my sight half-a-minute—I did not notice whether any steam was blowing off during that time, not while I was on the barge—there was a little hole knocked in the side of the vessel, which took my attention—Heasman had the charge of the engine during the whole of the trip—I did not at all interfere in the management of the engine, it was entirely under his control.
THOMAS MEACHAM. I am foreman to Mr. Joyce, who made the engines for the Cricket. They were finished, I think, in July, 1846—the boilers were made by Mr. Trotman—I continued superintending their working, under Mr. Joyce, for six months after they were fixed on board the Cricket—that is the usual practice—the minimum pressure at which these engines were intended to work, was 45lbs. per square inch, and about 60lbs. the maximum, to be regulated according to the position of the weight on the levers—if the weight was at the extreme end, the pressure would be 60lbs.—one is loaded at 60lbs. and the other at 66lbs.—there is a difference in the two, the weight on one of the levers is above, and the other below; the one on the top could not be placed underneath, in consequence of its being in the way under the pipe—that accounts for the difference between the two—as far as regards one of these safety-valves, 60lbs. would be the utmost pressure at which it could be used, unless an extra weight was put on—there were two other valves, called "Salter's spring-valves;" they are similar; they are screwed down to act the same as a weight—they opened at 80lbs., I think—it is marked on the index—according as you screw it up or down, you affect the action of the spring, and tighten or loosen the valve—the engine was brought down to Mr. Joyce's place, at Greenwich, on the evening of 3rd Aug. last, for some repairs—the boilers were then examined, and one new tube put in, and several of the others repaired—the wearing out of those tubes is not at all unusual—the breaking or wearing of those tubes is of no importance to the stability of the boiler—they frequently leak, perhaps through not being properly cleaned—they are occasionally burnt a little, and leak at the ends; but that is not of much consequence—they require looking after occasionally—on the boilers being repaired on the 3rd of Aug., they were subjected to
the hydranlic test, at a pressure of 150lbs. on the square-inch—they bore that well—the vessel resumed her work on Sunday, the 8th, I think—the valves were all looked at, repaired, and put in order, in acting condition—when the engine was fixed, there were not intended to be any lines to the levers of these two valves—they are not at all necessary—if the engineer were desirous of knowing whether those levers were acting properly, he would go on deck—we tested the boilers occasionally, when they came down—they were not tested at the maker's, I believe—they were tested after they were put on board, at the same pressure, 150lbs. to the square inch.
MR. SERJEANT WILKINS to JOSEPH WELDON. Q. Had you seen Heasman the day before the explosion, using a broom-handle to lift one of the levers? A. I had.
MR. BODKIN. Q. To which of the valves, one of those with the string, or one of the others? A. I never saw any string to either of the valves—I do not know the difference between Salter's valves and the others—it was the valve that had the long lever, that had a round weight to it—he was on deck at the time—he put the broom-handle under the valve to raise it up—he put it through a round hole that went through the steam-case—by putting the broom-handle in, it pressed the valve up.
THOMAS MEACHAM, Cross-examined by MR. SERJEANT WILKINS. Q. When was it that you tested this boiler? A. Just after it was put into the vessel, when it was fixed; that was in July, 1846—we only tested it once then—it has been down to us for repairs once or twice since—it is quite usual, to test a boiler when it is put on board—I do not suppose it makes any difference whether it is tested before or afterwards, so long as it is tested—if it turned out not to answer the test, we should have had to remove it, but we can generally tell—it was tested again when it came to be repaired; which was first in March, I think—the test then applied was about the same, upwards of 100—a 1 oiler is generally tested at two or three times its working pressure—I think it was so tested in March—I do not know that any repairs were then made—no doubt a few ferrules were put in the tubes—it is usual to do so after the boiler has been working—the boiler was put into general working repair—the valves were repaired at the same time; the seatings were not good, and there would be a loss of steam in consequence—they were re-ground or milled—the cause of their requiring that was the quantity of dirty water constantly bulging up—they were milled, to make them tight—they had no business to get corroded if the man who had charge of the engines attends to his duty—it was impossible for them to have got rusty—they might get corroded—the Thames water is used for the purposes of the boiler, that is very dirty—when I tried the experiment in Aug., the valves were loaded with a quantity of fire-bars of about 11lbs. each, nine on each of the two levers—in my opinion, if any of the valves had acted, it would have been sufficient to relieve the boiler—I think it improbable that the boiler would have burst if one valve had been left open—I did not notice when the boiler came to be repaired that one of the front plates had bulged a little—I never noticed that—the man having charge of the engine, pointed it out, and asked me if it was bulged—I said no, I thought it was more how it was made—I do not know that that was when it came to be repaired—it was while the boat was there—I do not know when it was—it was about eight or nine months before the explosion—it was as to the shape of the front of the boiler, not to any bulging, about which he asked my opinion—that was the original shape of the boiler—I do not know that the boiler was originally perfectly flat—it is not all particular whether it is flat or not.
MR. BODKIN. Q. It was long after your attention had been called to this supposed bulging, that the boilers were tested to the extent you have mentioned? A. It was some time afterwards—the experiment was repeated exactly three weeks previous to the accident—I think if one value had been opened, it would have allowed sufficient steam to get out to prevent the explosion—the balance-value were intended to act at a pressure of about a pound or two more than the others, at about 65lbs.—one of the levers would act at 60lbs. and the other at 64lbs., five or six.
COURT. Q. What do you mean by saying that you superintended the boilers for some time? A. I superintended the manufacturing of the engines—we guaranteed the machinery for six months, and during that time I occasionally went up to London to see how it acted.
JURY. Q. Is it usual to put pulleys to raise the levers? A. Sometimes the men do it to save themselves trouble—it is not usual for the engineers to do it, it is not necessary; we have not affixed a pulley either of the other engines, but I know that the men have done so to prevent the trouble of going on deck—if a safely-valve is kept in proper order, a pressure of 60lbs. per square inch is quite enough to rise it—I am positive no pulleys were supplied from our factory.
WILLIAM JOYCE. I am an engineer, at Greenwich. I contracted with Mr. Smith for building the Cricket, and supplying the machinery—she went to her station on 4th July, 1846—the machinery was made under my superintendence, except the boilers, which were made by Mr. Trotman, who is a boiler-maker—the boiler was tested, after it came from Mr. Trotman's, by my people—I do not attend to all the details myself—for six months the whole was under my guarantee; at the end of that time it was handed over to the proprietors, formally, and by letter—at the time the boiler was sent home there might have been a slight convexity in the front plate, but very slight indeed, if any—no boiler is made perfectly true, that is, not so true as another piece of machinery—there might have been a convexity of one-eighth or one-sixteenth of an inch; there was such a convexity—I think I noticed it previous to its going in—I should say it is not usual to place cords at the end of the levers of safety-valves—I do not think we have ever supplied them—if the valves were properly cleaned by the engineer, I should not think it necessary to use strings or pulleys to lift them—it is the usual duty of the engineer to take charge of the valves, and see that they are properly kept clean—I saw the wreck after the explosion; about a ton and a half of iron was thrown from the boiler through the stern of the vessel, and was lying in the river, about forty yards from the vessel—I had not myself ascertained the strength of this boiler, nor was I present when my people did it—I should certainly think that if on 7th Aug. it was capable of bearing a pressure of 150lbs., that a pressure of 60lbs. would not have thrown a ton and a half forty yards, unless there had been a great deterioration of the boiler, which I am not aware of—the working pressure if this boiler was, I believe, from 45lbs. to 55 lbs. on the square inch.
Cross-examined by MR. SERJEANT WILKINS (referring to the model.) Q. If the vessel tipped or careened in this way, would not the water run from one boiler to the other through this tube? A. It would have a tendency to do so—some of it would—flame and smoke comes through every one of these tubes—sufficient water ought to be kept in the boiler, to keep the tubes surrounded by water—I took no part in testing the boiler, I entirely relied on the report of my manager—the front plate of a boiler should be made of good
iron—there are several kinds of iron used for the purpose—Low-moor iron is by some persons considered the best—there is a difference of opinion about that—I do not think it is the best for this purpose, it is more used for furnaces—this was the best Staffordshire iron—I believe it was the best iron, because it was contracted so to be—I know where it was bought, and the price paid for it, and a very experienced man purchased it, and used it—I have seen a portion of the iron since the explosion—I believe it was the best iron—I am speaking of the tube-plates—the whole of the part where the tubes go in was made of the best iron—I believe the other part was made with as good iron as could be used, save and except the Low-moor iron—I should say the front plate of the boiler was made of iron of the best quality—I do not see any other way of making boilers than with a flat face—if it was practicable to dome them at each end perhaps it might be better, but I conceive it would be impossible to make the tubes tight if they are made convex—I have since seen the exploded and the unexploded boilers—I should say the rivets were made as they ought to be—I think they were large enough—I do not profess to be a practical boiler-maker—all the rivets that I saw, properly filled the holes—the tubes through which the fire passes, and the metal containing them, should be fastened at the back with a stay—I do not recollect the number of holes there were there, nor am I aware that only one of the holes was bolted—it would be wrong to leave any of them unbolted—this boiler was held by the front plate principally—there is one stay here, and one at the back, with the number of bolts, whatever it may be—I believe those are all the stays—if these tubes were charged with flame, and left uncovered by water for five minutes, the heat would no doubt be considerable—if water was suddenly thrown upon the tubes so heated, it would produce a very considerable supply of steam, and would have a tendency to produce a great expansive power—the heat would beget steam, and that steam would, of course, cause pressure—I supplied the Ant and Bee with machinery—I did not supply pulleys to the valves of those vessels—to the best of my recollection the pulleys were put afterwards by the engineers, for their own convenience—I have no recollection of their being supplied by us—I believe we have not supplied them to any steamers.
COURT. Q. Who supplies them to the engineers? A. You can buy them at ironmongers' shops, for 2d. or 3d. each—I can swear that we never made any—to the best of my recollection we have not supplied any, but it is so long ago that I should not like to say positively.
JURY. Q. It steam had been generated suddenly in the manner spoken of, of course the safety-value, if it was in a proper state of operation, would have relieved a boiler so overcharged with steam? A. Most undoubtedly—I think that 60lbs. weight of steam would certainly not have propelled a ton and a half of iron to the distance spoken of—I think it would require a very much greater weight of steam.
WILLIAM TROTMAN. I am a boiler-maker, in Whitecross-street, Borough. I made the boilers for the Cricket steamboat—I did not prove them before I sent them home—they were to be proved by Mr. Joyce—I have been in the habit of making boilers from my youth—B. B. H. iron was used for the front plate of these boilers—that is Staffordshire iron, from the Bloomfield ironworks—I consider it perfectly good iron for the purpose for which it was applied—I paid 15l. per ton for it—it is the iron that I am in the habit of using for such purposes—I should not have hesitated to try that boiler at a pressure of 200lbs.—I agreed with Mr. Joyce to try it at 100, which it was
stated it was never to exceed—that was a verbal agreement between Mr. Joyce and myself—I saw the boiler after the explosion, and saw the mass of iron lying at the stern of the vessel.
Cross-examined by MR. CLARKSON. Q. What was the thickness of the boiler? A. Three-eighths of an inch, with the exception of the steam-chest, which was five-tenths of an inch, and the two plates three-quarters of an inch—I did not observe a convexity in the front plate of one of the boilers—there might have been, perhaps, a quarter of an inch or so, but not more—that was merely in the working of the plate—I believe there was a little convexity, but very little—they were both alike, I believe—I should consider that a boiler for a high-pressure engine should be as strong as a boiler for a lowpressure engine—the rivets are of the same size and thickness in each, and about the same distance apart—I have made scores of high-pressure boilers before for railways, but not for a steam-vessel—it would have been much stronger and better calculated to resist pressure if it was convexed at both ends, because that is as strong a shaped boiler. I believe, as we can make—I saw the boilers when they were fixed in the vessel.
MR. BODKIN. Q. Were these boilers strong enough for the purpose for which they were intended to be applied? A. I believe so—I am sure they were—I would risk my life for double the pressure that they were started to bear—in my opinion they were calculated to bear a pressure of 60lbs. to the square inch, with perfect safety.
THOMAS LLOYD, ESQ. I am chief engineer and inspector of machinery to the Admiralty. By direction of the Board of Trade, I inspected the wreck of this vessel after the explosion—I made a careful examination of the remaining materials of the boiler—I saw the outside part of the boiler lying at a considerable distance from the vessel—from all I saw, I think I can form a tolerably accurate judgment of the force that was employed to produce the explosion—I should say the explosion did not take place at a less force than 130lbs. on the square inch—it might be more—I think it must have been at least that—I saw the remaining boiler—that must have been exposed to the same degree of pressure as the one that exploded—the flat plate in front of that boiler was considerably bulged, I think to the extent of an inch and a half, it was damaged—I subjected it in that damaged state to a pressure of 136lbs. on the square inch—if either of the valves had acted at a pressure of 65lbs. or 66lbs., I think the explosion would not have taken place (referring to the model) if the vessel were to have careened for any length of time, and these tubes were to have become red hot, it is quite possible that steam, or an explosive mixture, might have been generated so fast as to have caused the accident; but if such had been the case, the boiler would have borne marks of it afterwards—I saw nothing about the boiler which showed that the tubes had become red hot—I think it quite possible that the explosion might have taken place under those circumstances, although all the valves were in healthy action; but if the iron had been very hot, and had become cold by the action by the water, there would have been an appearance of oxydation on the outside of the tubes—I found no such oxidation on these tubes—I think this explosion took place from the pressure of steam generated in the ordinary way—if the vessel had been lying at the pier of eight or nine minutes without steam blowing off. that would in my opinion be sufficient to account for the accident, or very nearly so—the blowing off of steam in a high-pressure engine makes a greater noise than from a low-pressure engine—there was nothing in the appearance of the remaining parts of the
boiler to show that the valves were not in healthy action at the time the explosion took place—two of the valves of the unexploded boiler seemed to be quite right—they were to all appearance quite right—if the boiler did not burst under a pressure of 130lbs., and the valves were calculated to rise and act at 60lbs. or 65lbs., the action of the valves must have been prevented.
Cross-examined by MR. WEBSTER. Q. Do you think that the action of all four valves must have been prevented? A. I think so—it would be a very great defect in the construction of the machinery if three out of four valves had never, or very seldom acted—my attention was not called to the state of the valves in the exploded boiler—I do not recollect any one calling my attention to the fact that the valve in the exploded boiler was stuck fast and could not be removed—I heard of it afterwards—Mr. Hughes was there—I am not aware that his attention was called to it—Mr. Hughes was employed with me by Government—after I heard of it from some other person, a person called on me to say that he had called Mr. Hughes's attention to it, I asked him whether that was so or not, and he said yes, but he attached no importance to it—I did not apply my attention to the subject after that, it was too late—I expressed the opinion that there was nothing in the appearance of the valves to indicate that they were not in a good state of action previous to the explosion—I have never noticed steam escaping without making a noise—I do not imagine it possible—the noise is made by the steam itself, not by its passing through the pipes—if no steam blew off, that would be quite sufficient to account for the accident—the temperature of the tubes when uncovered with water would depend upon the length of time they were exposed to the action of the fire alone—they would become red hot if exposed long—they might become very considerably heated without being red hot, and be of a temperature that would generate steam very rapidly, much more rapidly than in the ordinary working of the boiler if covered with water.
Q. Can you give any ides of the increased rapidity with which steam would be generated under such circumstances? A. I can hardly come to figures, but I imagine that the quantity of steam generated under such circumstances would by no means be what one would suppose at first sight—if only the upper row of tubes became red hot, I apprehend that the quantity of steam that alone would generate would not be very great, because the tubes are very thin, not more than one-eighth of an inch thick; and if they were raised to a very considerable temperature, the quantity of heat they would impart to the water would not very materially increase the pressure of the steam, not anything in my opinion likely to cause explosion—if two rows of tubes were uncovered with water, the generation of steam would, of course, be double—persons going on board and coming out of a vessel would keep it listed for a short time—if it was kept on one side for some time, the effect would be to fill one boiler with water, and rather to empty the other—the effect to that would be that the tubes in the empty boiler would be exposed to the fire without water on them—it is not improbable that the vessel should heel over to a certain extent—a great number of the tubes might, perhaps, become bare of water—the model produced shows the thing better than anything—by putting it to any inclination you like, you will see how many tubes are bared—it would depend upon the height of the water in the boilers—I think it quite impossible that nearly all the water in one boiler would be transferred to the other—if there was a very small quantity in the boilers, a small inclination would allow the whole to run in—it would not flow so readily as in
the model—I do not know how large the connexion is made here—I imagine it is much larger than in the actual boiler—this line represents the ordinary water line—the tubes are confined between the water line and the red line and the top of the furnace door—I have here a drawing of the boiler (producing it)—these three dark marks are the three gauge-cocks—by placing this stick across, you will see here the exact inclination which the vessel would assume in order to allow the water to flow from one boiler into the other—such an inclination as that, would not leave any of the tubes uncovered with water, and would produce no mischief—it is probable if a vessel were inclined in the way suggested, that several of these tubes might have been exposed to the fire for some time, clear of water—I think the pressure of steam would be the same in both boilers if there was a perfectly free communication—I imagine that a twentieth part of the size of the pipe of communication would allow the extra quantity of steam to pass from one boiler to the other—I can conceive no difference of pressure could arise from that cause—there is no possibility of the steam-pipe being stopped with water, unless the communication between the two boilers was closed I see nothing which could prevent the steam from having the same pressure—I cannot conceive such a state of things—it would necessarily follow that the boiler which contained the less water would contain the more steam—the steam could not become surcharged with heat—if one boiler was short of water, and the tubes were not covered with water, steam would increase very rapidly in a very short time—I did not say that in that state of things the steam would increase very rapidly in elastic force—I apprehend that would not increase the elastic force of the steam—if the tubes were altogether bare, and the same quantity of water remained in the boiler, the steam would not be generated any faster—if there was little water in one boiler, and the other was empty, steam would increase more rapidly in the empty boiler, but there being a communication the pressure would be the same in both—that would of course depend upon the rate at which the steam could travel from one boiler to the other—this is the first case of explosion I have had to do with—I have heard of a great number—there is a considerable difference of opinion among scientific men in accounting for these explosions—I have never heard of an explosion taking place when steam has been blowing off—it is quite possible that a very small quantity of steam may be blowing off and yet the boiler explode, if the aperture through which the steam passes is not sufficient to let out the steam as fast as it is generated—I have heard it stated that the pressure, as indicated by the gauge at Waterloo-bridge, was 25lbs., but I should doubt the fact of the steam being at that pressure at that time—supposing it to be so, the elasticity of the steam could not in the one minute occupied in getting from there to the pier increase to a dangerous extent—even if the tubes had been clear of water, I do not think that would have increased the elasticity of the steam sufficiently to have burst the boiler—if by the tilting of the vessel the tubes being bare of water acquired a considerable temperature short of red head, it would cause a sudden generation of steam; but that would be quite insufficient, in my opinion, to account for the great pressure which the steam must have had—some persons imagine that explosions arise from the generation of gases in the boiler—a few persons entertain that opinion—the character of the water has nothing to do with it—the steam would have the same quality, whether the water was dirty or clean—I am not aware that the character of the water would affect the theory you allude ✗valve with a weight on it, the other was carried away
with the exploded boiler—the remaining valve would have lifted at a pressure of 66lbs. on the square inch, supposing the weight to have been at the extremity of the lever—the engineer can tell whether the steam is blowing off at a valve or not, by going on deck he could have lifted with his hand the end of the lever, and made a rough guess at it.
Q. But if he was down in the engine-room, on looking at the steamgauge, and the state of things there disclosed, had he any means of knowing the state of pressure as between 40lbs. and 66lbs.? A. Except, as I have said before, he had pulled the string we have heard so much about, and that had caused the valve to lift, that would show that the steam was getting up—the pulling of that string would cause the valve to lift, if the pressure of steam was nearly equal to the pressure on the valve, it would release the valve—if the object of proving a boiler is merely to see that every thing is tight and proper, I should be quite satisfied with proving it at double its working pressure, having only that object in view—I think that the working-pressure of a boiler should not exceed one-tenth, I will not say of the absolute strength of the boiler, but of its calculated strength, supposing it to be made of the best possible materials, and without defect of any kind, a kind of boiler which of course you cannot get—I think a pressure of 66lbs. constantly, would be dangerous—I never saw a high-pressure boiler like the exploded one—I consider it an objectionably-constructed one—I have heard the witnesses describe the way in which the boiler had been used by Clark—the tying down of the safety-valves would weaken the boiler, supposing that the steam got an elastic force beyond the 66lbs.; the valves might be tied down without that result being attained—I think the course pursued by the previous engineer, Clark, would weaken the boilers and render them dangerous in use—the course of testing to which they were subjected would also be likely to weaken them; it would be a choice of evils, perhaps—it is quite impossible to estimate the effects of the various causes—I think a constant pressure of 66lbs. would be dangerous, even if proper care had been taken of the boiler—the valve that was loaded at 66lbs., was, I think, the valve of the unexploded boiler—I was not able to ascertain that owing to the way in which the weight on the unexploded boiler was placed, the valve could only open a very small way; because when I first saw the vessel, the deck, and every other part in connexion with the boiler, was blown away—I never saw the steam-chest—the area of that valve is nearly five square inches—if the valve could only open to the extent of one square inch, from this weight coming in contact with the top, it would be a great defect—I should desire each valve to open freely to the extent of half-an-inch—I think one square inch would have allowed all the steam that this boiler could generate to escape, that would be under the ordinary state of things, when the tubes were covered with water—I should not apply that observation to the state of things if the tubes were hot from being uncovered with water, and water thrown upon them afterwards; that is a state of things hardly to be imagined, a large amount of steam would then be generated in a short time, but I do not think the steam would generate so fast as to make it dangerous from that cause—I think the engine-driver was perfectly justified in keeping the weight at the extreme point of the lever, unless he received direction to the contrary—that would be 66lbs, on one lever, and 60lbs. on the other, unless the captain ordered him to slacken his pace, or rather it is the simple pressure of the steam in the boiler; the captain I imagine would not interfere in that matter—I consider the engine-driver would
be perfectly justified in working at 66lbs. continuously—when I saw the remaining Salter's valve, several days after the accident, the index then pointed to a little more than 20—that indicated a pressure on the boiler of 40lbs.; whether it was so at the time of the accident or not, I cannot tell—if it was in the position in which I saw it, it would lift at about 40lbs.—I had no means of ascertaining that as a fact—I do not know whether the boat was then in the custody of the police, there were police-officers about there when I made my examination—the heating-surface in these boilers was about as much as in ordinary boilers of that power, it was sufficient to generates steam rapidly—if all the valves had been properly in operation, the steam never could have accumulated in the boiler to a dangerous extent—they should all four have lifted at the same pressure, at or under say 60lbs.—I do not like spring balances at the end of a lever; I should prefer weights, although spring balances are commonly used—there was one peculiarity about this which I think was probably calculated to mislead an engineer; namely, that the index on the spring balance did not, as it usually does, show the same as the pressure of steam in the boiler; that is to say, if the Salter's balance indicated 20, the pressure of the steam on the boiler would be 40lbs.; that is not the usual way in which these things are put on—I should think it most likely that the prisoner did not know that fact—I never saw the mercury-gauge, that was blown away and destroyed—the express object with which the mercury-gauge is put there is for the engineer to consult it, and see what the pressure is—I found the front plate of the unexploded boiler bulged—I also examined the stays, there were only two, and they were both broken—those stays were altogether insufficient for the purpose of sustaining the front plate—I consider it very objectionable to have steam-pressure brought on a flat plate in the way in which it was on this boiler—you can calculate the pressure easily enough; but the entire pressure of steam in the boiler was borne by the front plate, which I think is objectionable for the purpose of sustaining the pressure of the steam—when the pressure comes upon a flat plate of that kind, the strain in the direction of the plate in the surface is enormous when the least bulging takes place, that is on objection to it—if the plate did not bulge at all, if it were not perfectly rigid, the strain in the plane would be enormous, beyond any calculation—when it bulges at all, the pressure comes in the middle, somewhat in the way in which it does on a musical string—a very small pressure at right angles with the plate will bring the great pressure in the plane of the plate—I do not think that plate was suffcient to sustain the weight of 60lbs.—upon certain assumptions, I calculated what the pressure of steam would become in five, ten, and fifteen minutes, supposing no steam had been permitted to escape during that time—the pressure of steam in five minutes, I believe, would be 90lbs., supposing the boiler had been in proper operation, and a sufficient quantity of water in the boiler, but steam not permitted to escape, and that the pressure of steam was 50 when she came alongside the pier, then the pressure at the end of ten minutes, I take it, would probably be 130lbs. or 140lbs.—I should consider the front plate insufficient, irrespective of any consideration of that kind—all the safetyvalves communicated into one pipe, and all went up into the funnel and escaped with the smoke—the area of that pipe leading into the funnel was less than the united area of the safety-valves, but enough to allow all the steam to escape which would be generated by the boiler—the greater the pressure the smaller would be the pipe necessary to carry it off—I examined the boiler, and proceeded to test the materials—I took pieces of the plates
that were rent, they were three-eighths of an inch thick—I took strips of them and tested them in the usual manner—I tore them asunder—the average mean pressure which they bore was 17 tons on the inch—strips of Low moor iron will bear 21 2/3—some of these plates were laminated—iron of good quality may be laminated by accident—it is a matter to be guarded against as much as possible—these plates were separated in the manufacture—they were of two thicknesses instead of one, the parts had not been properly incorporated—I found that lamination in some of the parts where the fractures took place—the iron had become a little thinner by wear—I tried some common plate, and that bore about the same as the iron of the Cricket's boiler—I think that neither the quality of the iron or the workmanship of the boiler were such as ought to have been placed in a vessel of this kind—some of the rivets did not fill the holes—they were generally too short to make a good rivet—they were not insufficient in thickness—I do not attribute the explosion wholly to the deterioration of the boiler by wear—if the boiler had been stronger there would have been of course less chance of explosion—I also examined the unexploded boiler—I apprehend that that was subjected to the same pressure at the time of the explosion—I found that it leaked—I have never expressed an opinion that the exploded boiler might have been inherently defective—of course it might have been defective, but from my examination of it there was no reason to suppose so, except in point of construction, and those other matters to which I have referred.
MR. BODKIN. Q. You have stated several points in which you consider the construction of this boiler was open to objection, did you take those circumstances into your consideration, when you arrived at the judgment which you say you formed from an inspection of the wreck, that this explosion did not take place under a pressure of 140lbs. or 150lbs.? A. I formed the opinion that the pressure must have been at least 130lbs. chiefly from the fact of the unexploded boiler bearing that pressure—that result is not at all affected by the original defective construction of the boiler—it is the business of the engineer in charge of a steam-vessel, if three out of four of the valves do not act, to put them in order, and to see that they are in order—in the Navy the engineer is responsible for the general management of the engine, but in these boats, the Cricket for instance, the engineer would be considered the solely responsible man for a matter of this kind—I think it would be no evidence of negligence on the part of the engineer that he had worked the lever at a pressure of 66—I think the bare fact of the weight being there, would be an authority for him to do so—two of the valves would no doubt be ample if they were in good order; indeed I have no doubt that one, if in good order, would have been sufficient to have prevented the explosion; but it is not for an engine-driver to judge of those matters, he ought to have them all in good order, because if he trusted to one, and that happened to get out of order, an accident of this kind might occur—a continuous pressure at 66lbs. would not be free from danger—I do not think, from my inspection of these boilers, that the period had arrived at which danger could arise from using the boilers at that pressure—I think they might have run some time longer without an accident, but when they became injured by wear then I think it would become very dangerous—these boats are built very nearly crank, which causes them to oscillate—the weight of one person going on board would cause some inclination—on the passenger quitting the boat, or going into the centre of it, the boat would assume its original level, and so it would oscillate from time to time—if
by the tilting of the boat some of the tubes in one boiler were bared of water, that mischief would terminate on the boat recovering its horizontal position; the water would instantly cover the tubes again—that would be the case each time the boat recovered its position—the degree of inclination necessary to expose any of the tubes in the boiler from the water, would depend upon the height of the water in the boiler—it would be impossible to expose all the tubes, if there was a proper quantity of water in the boiler—it is the duty of the enginedriver to see to that—the water coming from the water-cock immediately before the explosion would indicate that there was a sufficient quantity of water in the boiler—if there had been any generation of explosive gases, I should have expected to find oxydation on the tubes—I found none—I believe that on explosive mixture was formed, but that the explosion was occasioned by the pressure of steam of the ordinary kind—it was eight or ten days after the accident that I saw the spring-valve.
COURT. Q. When did you first go to the vessel.? A. On 7th Sept.—my chief reason for considering that the pressure was 130lbs., is from finding that the other boiler bore that pressure afterwards—the pressure on both boilers must have been the same, the steam having a free communication from one to the other—it is scarcely possible to suppose, looking at the nature of the material of which the boilers were composed, that the one was inferior to the other; the strength would be uniform—I put a pressure of 136lbs. on the unexploded boiler, and found it sustained it—I do not know that it had that pressure at the time of the accident, but I assume that it must have had at least as much as that to have exploded the other boiler—that is assuming they were of equal strength, and that the other would not have exploded at a less pressure; but I should mention that this boiler did not absolutely burst at that pressure, therefore I think it must have borne at least that pressure to have exploded—if the other boiler had been considerably weaker I should have been able to have detected it by, looking at the materials, because the whole of the front of the boiler was blown out, and it was a part of that very front which I tested in the manner I have described—from what I saw, I formed the opinion that the pressure must have been as much as 130lbs. throughout, it might have been more—I formed no opinion from the distance that the metal was blown—I do not think that material—I imagine that to be scarcely within the limit of calculation, because the pieces of the boiler which exploded, carried away with it the whole of the deck, tore open the end of the vessel and went to a considerable distance beyond, therefore the mere distance to which it was thrown could not show the pressure employed in throwing.
JURY. Q. Could a pressure of 60lbs. have caused that propulsion of the ton and a half of iron? A. That is really a question which I cannot answer—the unexploded boiler was considerably injured, so as to be unfit for its purpose—the escape of steam would make noise enough for a person on deck to hear it—it makes a very great noise—if the steam was blowing off as it should blow off, there would be quite noise enough to be heard by any person in the neighborhood of the vessel.
COURT. Q. Will you explain the proportion which you state is to be observed between the calculated strength of the boiler and the actual working power? A. I consider that if the calculation be founded upon the strength of a boiler, supposing that materials to be without defect, and of the best possible quality and workmanship, which of course you cannot obtain in a work of this kind, then I say you ought not to use that boiler at a pressure of more than one-tenth
of what that calculation would give—if you to work a boiler at a pressure of 50lbs. on the square inch, your calculated strength ought to be 500lbs—you must allow the pressure of any material to be something more than one-third of the breaking weight—if a piece of iron is calculated to bear three tons, you could not safely put more than one ton upon it, and I think you must allow something like a third for the wear and tear of the boiler—the plates of a boiler put to this kind of use wear thin, and certain parts become injured; I think you ought to allow another third for that, which makes it one-ninth, and I have calculated it at at one-tenth—the part of the boiler that gave way was too weak; but the shell of it I find, having just made a calculation, would have borne ten times the pressure it was intended to work at—the front of this boiler was the weak part of it—a flat surface of that kind held to the boiler only by its circumference, is ill calculated to sustain a pressure—I can only tell what pressure that front plate would bear, from the experiment I made upon the unexploded boiler, which bore 136lbs.—(looking at some pieces of iron produced), these are portions of the exploded boiler—I did nothing with the other boiler except making the experiment—I tried it, and found it was of the ordinary strength—to the best of my knowledge, it was in a perfect state as a boiler.
JURY to WILLIAM WARREN. Q. When was it that you went by this boat? A. The last time was on the Wednesday or Thursday previous to the accident—I left the boat in consequence of seeing the strings tied as I had seen them before, and seeing no steam escaping—I stood on the pier during the whole time the boat remained there, and no steam blew of at all—I am an engineer, and knew the possible danger of going by the boat—directly an engine stops it is usual for the overplus of steam to escape from the safety-valve—I saw them both tied in the middle of April—I did not see that they were tied on this occasion, but I saw the yarn attached, and they seemed to me as they had been before—I did not go into the engine-room.
GUILTY.—Recommended to mercy by the Jury, on account of the blameable conduct of the Company, in not giving proper instructions, or employing properly-qualified persons as engineers. — Confined Two Months.
NEW COURT.—Friday, Nov. 26th 1847.
Before Mr. Recorder and the Fifth Jury.
GUILTY. Aged 16.— Confined Six Months.
(There were two other indictments against the prisoner.)
GUILTY. Aged 27.— Confined One Year.
GUILTY. Aged 20.— Confined Six Months.
93. HENRY MORLEY , stealing 1 hammer, value 1s. 9d. 91 lbs. weight of nails, 2l. and 1 hammer-head, 1s. 3d. the goods of Edward Kitchen and another, his masters; and DANIEL HEDGES , feloniously receiving the same.
MR. HUDDLESTON conducted the Prosecution.
CHARLES KITCHEN. I am in partnership with my brother Edward—we are ironmongers, and carry on business at 533, Oxford-street—Morley was our porter—his wages were 1l. 1s. a week—in consequence of information I set Allen to watch our premises—some hammer-heads were shown to me at the station—they were our property.
Cross-examined by MR. PAYNE. Q. Morley has a wife and three children? A. Yes—I was not aware of it at the time—we do not inquire whether our men are single or married.
RICHARD RAXWORTHY. I am in the employ of Edward and Charles Kitchen. On Monday, 18th Oct., I saw a hammer in a drawer in the shop counter, near one of the windows—it was the first article that laid in the drawer, and was the only hammer of that size and description in the shop—there was another, but it was smaller—on the morning of the 19th Oct., I was coming down stairs, and saw Morley behind that counter in a stooping position, close to the drawer where I had seen the hammer—he appeared to take something from the drawer, and conceal it about his person—he went out shortly after—I went to the drawer and missed and hammer, which I had seen there the day before—I gave information, and on 30th Oct. went with the policeman to Hedges' premises in Crown-street, Soho—I saw Hedges' wife and son at the shop—his wife left the premises, and one of the policemen was directed to follow her—soon after, the son came out, and I went with him to 4, Falconbridge-court, to a house or apartment which I believe belonged to Hedges—Mrs. Hedges, or the woman who passes as his wife, said it was their place—I saw this hammer there, under some linen on a large table—it is the same I had seen in Mr. Kitchen's shop—it is one of a peculiar description.
Cross-examined by MR. PAYNE. Q. What time did you see the hammer safe in the drawer on the 18th? A. About four or five o'clock in the evening—it was Morley's duty to sweep the shop in the morning—it was then time to go out to his breakfast—this is a gardener's hammer—the shape and make are peculiar—it is chequered on the face of it to keep it from slipping off the head of the nails—the head is all bright—they are not usually polished in this way—here is another of the same sort, but of another size—they were the only two in our house—I do not mean to say the makers made only these two—two other persons had access to that drawer.
COURT. Q. Had you noticed this flaw in the head of this hammer? A. Not particularly before it was lost.
MR. HUDDLESTON. Q. Do you believe this to be the hammer that was in the drawer? A. I do—it is like it in every respect, except the private mark on the handle being erased—there is the trace of the ink on it now, on this side where the mark was.
WILLIAMS PERRINS. On 19th Oct., in consequence of information I went to Hedges' shop, 31, Crown-court—I saw Hedges there—I saw this hammer in the shop—I asked Hedges what made the face of it chequered—he said he did not know—I should think it was from half-past nine to ten o'clock in the morning—the handle appeared as if the part where it had been marked was recently scraped with glass—I could see faint ink marks—it was more
visible then than it is now—I can hardly see it now—I went there again on Saturday, 23rd Oct., saw Hedges, and told him I had broken the point of an article which I had bought of him on the Tuesday before, and he re-pointed it—I then asked if he could sell me a hammer—he showed me one, the handle of which was very dirty—it was not the one which I had seen on the Tuesday before—I objected to that, and he said he had two new hammer heads in stock, and he would re-handle me one by Monday morning—I went again on Monday morning and got this hammer with a handle—I recognised the head of it as the property of Messrs. Kitchen—I am positive of it, it has our private mark on it—they have tried to erase it, but could not manage it—it is a very difficult job—we went over the stock-book and missed two hammer-heads of this description.
COURT. Q. Are these letters on the head what you call the private mark? A. Yes—here is one I have brought from the stock, which matches it exactly—it is marked with ink which stains the steel, and they cannot get it out.
Cross-examined by MR. BALLANTINE. Q. This new hammer was exposed in the window, you saw it from the outside? A. No.—it was in the window, but I question if I could have seen it from the outside—I will not be positive whether we missed one or two hammer-heads from the stock—I did not buy this hammer of Hedges—I bought this hammer-head and new handle for 1s. 9d.—that is a fair price.
JOHN JAMES ALLEN (policeman, E 159.) On the 19th Oct., in consequence of instructions from Mr. Kitchen, I watched Morley—I saw him leave Mr. Kitchen's shop about half-past eight o'clock in the morning—I followed him to 31, Crown-street, marine-store shop—the name of "Hedges" is over the door—Hedges was in the shop—Morley went in—he had a short waistcoat on—he put his hand inside apparently and took something from under it—I could not see what it was—I would not swear that Hedges saw him take it from under his waistcoat—I could see it was handed over to Hedges—Morley left the shop in about three minutes—I watched Morley the following day to Hedges' shop, but he merely went in and out again—he was not in a minute.
JOSEPH HUGHES (policeman, E 114.) I searched Hedges' shop and found two packets of nails wrapped in brown paper behind the counter, under some baskets which contained old iron and other things—I also found these pieces of brown paper—(produced)—I found some jars full of nails, and behind some old bottles on some shelves some more nails in paper—after I had done searching the place I told Hedges I was going to ask him some questions, and he need not answer me without he liked—I asked him where he got this property from—he said he bought it of a young man, but did not know his name—I asked if he should know him again—he said "Yes"—I asked him if he kept a book—he gave me one—I was looking in it and could not see the entry—he said, "There is no account of these things there"—I said, "Don't you know you are obliged to keep an account of all you buy"—he said, no, he had heard of it, but he did not think he was obliged to do it—I took him to the station—he gave his address, 4, Falconbridge-court—while I was in the shop, his wife and son and the officer went away—I asked him where they were gone—he said he did not know, he supposed they were gone home—I said, "Where is that?"—he said, "No. 4, Falconbridge-court"—I went there, but the hammer had been found before I got there.
Cross-examined by MR. BALLANTINE. Q. How old are you? A. Twenty-six—I have been five years in the police—if Hedges had given me no account I should have taken him all the same.
MR. HUDDLESTON. Q. Did you take Morley? A. Yes—I felt his pocket, and found a packet of nails—I took him to the station, and in his left-hand trowsers' pocket I found two more packets of nails—the charge was entered against him, and he was told he was charged with stealing the nails which I found upon him—he said, "I believe that is right."
COURT. Q. What was the charge read to him from? A. From the charge-sheet—Hedges did not say a word to me about where be got the articles I found in his shop, till I asked the question—he then said he had them of a young man, he did not know his name—he was confronted with Morley at the police-court.
MR. BALLANTINE called
ANDREW DOWNES. I am a house-painter, at Stewart's-rents, Drury-lane—I heard that Hedges was desirous of selling his business, and I went to inquire about it on Thursday evening, 14th Oct.—I had not known him before—while I was in conversation with him, Morley came into the shop and asked Hedges if he bought nails, pointing to the window, and said, "I think you have a quantity in the window"—there were a quantity of loose nails there—Hedges said, "I do"—Morley asked him what he gave a pound for them—Hedges said 3d.—Morley said, "That is not enough"—Hedges said, "I can't give more, I sell them myself at 4d."—I cannot say whether the nails in the window were ticketed or not—Morley then produced some nails—he said he was a hawker, and had several odd lots—the loose nails were then weighed, and weighed one pound and a half—he then produced four or five brown paper packages of different sizes—they were not weighed—they were bought by the package—he could feel that they were nails—he paid 4 1/2 d. for the loose nails, and 3s. for the packages.
COURT. Q. How was he to ascertain the price of the packages if they were not weighed? A. I do not know—I do not know whether the papers were marked.
MR. BALLANTINE. Q. Morley said he had several odd lots? A. Yes, that he had taken for a debt, but he must have a better price for them than he had for the nails—he said they were odd lots—he did not say of what—Hedges said if he brought them he would give him a fair price for them—Morley then left the shop—I did not see him again till the 6th Nov., when he was in custody—I went to give evidence—Hedges and Morley appeared perfectly ignorant of each other.
MR. PAYNE. Q. When did you paint a house? A. I do not know about painting a house—I have painted fronts frequently—I did so last week—I heard that Hedges wanted to dispose of his business—I have been in that line myself, and I wanted it again—I was not taking a lesson—I went to inquire his terms about his business—Hedges asked me 10l. for it—we came to no agreement—Morley was not the only person who came in—Hedges bought rags and bones, and other things—I had never seen Morley before—he was dressed as he is now, with a brown top-coat and a hat on—I had never seen Hedges before—I did not know him when he lived at Mr. Rhodes's, the tallow-chandler's—Morley said he lived in the neighbourhood—he did not mention any place—he said he hawked ironmongery—I considered Hedges gave more than the value of these nails to sell in a marine-store shop—they would certainly sell in ironmongers' shops—I do not know what they would fetch—they were new—I should have purchased them if I had had the business—I have been in that business before, in Clement's-lane—I gave it up because I could not make it answer—I should have bought new nails if
they had been offered me—hawkers go about with new nails—I kept the place about two months—I bought rags and bones, and nails—I never bought nails in packages of hawkers—I have bought loose ones—I have bought new nails when they have been brought in with old iron—I gave a farthing a pound for them—I have lived at 16, Stewart's-rents, Drury-lane, for the last three years—there are no shops there—I kept the marine-store shop last April twelve months—I do not know whether I shall take Mr. Hedges' business we have not had time for the arrangement.
Cross-examined by MR. HUDDLESTON. Q. Have you been carrying on the house-painting business since you were a marine store dealer? A. Yes, and at the time—I work for myself—I painted my father's house in Stewart's-rents a week ago, and did up some rooms for him—I do not know who I painted for last before that—I have been glazing—I put in a square of glass at the Queen's Head public-house about three weeks back—I got 1s. 6d. for the glass—I decline to tell what profit I got on it—that is all the work I have done for the last three weeks—I have been to the Garrick's Head—I was not in the box there—I was not the Judge or a witness—I was a spectator—there was no bill or receipt given at Hedges'—I kept books when I was in the marine store dealing—of course I entered all things I bought—I did not have receipts from persons who picked up iron in the street—I should not if I bought a pennyworth—I do not know that I should if it came to a shilling, if it bought it over the counter—I should say, "Is this your property?"—I do not question as to the honesty of the articles.
MR. BALLANTINE. Q. Were what you saw new nails? A Yes—I could not recognise any of the packages now—I should expect to sell them at 4d. a pound, and buy them at 3d.
COURT. Q. Could they be made for twice that money? A. I do not know, I am not a furnishing ironmonger.
MR. BALLANTINE. Q. If you had been in business as an ironmonger or hawker, and were about to give up business, and had nails of this kind, would you expect to get a farthing more than 3d. a pound for them? A. I should not—I should endeavour to get the best price I could for them.
CHARLES KITCHEN re-examined. One or two of these wrappers bear my private mark—we wrap up nails and other articles we sell in the shop in papers of this description—I can identify some of them as having the writing of one of my assistants on—this hammer-head and hammer was the property of myself and partner—these loose nails found in Hedges' shop weigh 94lbs.—I cannot swear to them—we missed a large quantity of this description.
COURT. Q. You make your nails up in paper parcels? A. Yes—some weigh 2 1/2 lbs., and some 3lbs.—the largest of these parcels is about 3lbs.—the cost price of making is 1s. 0 1/2d. for 3lbs.—the selling price is 1s. 4d.—these papers have contained nails, some of them 1 1/2 lbs.—the cost price of these loose nails is 4 1/2d. a pound, and the selling price is 6d.—they are disposed of to hawkers in packages, not as loose nails—we could not afford to sell these loose nails at 3d. a pound.
MR. BALLANTINE. Q. Supposing there were a bankruptcy and a forced sale, would they fetch more than 3d. a pound? A. No, but they would be sold in large quantities in bags—it would entirely depend on the state of the market—sometimes they would fetch more than 4d., and sometimes less.
COURT. Q. Is it an article in which people deal as hawkers? A. I can
hardly say—they might buy a lot of them, but the marine store dealer would buy them cheaper at a sale.
(The prisoners received good characters.)
MORLEY— GUILTY. Aged 27.
HEDGES— GUILTY. Aged 45.
Confined Eighteen Months.
GUILTY. Aged, 17.— Confined One Month.
MESSRS. GODSON and PETERSDORF conducted the Prosecution.
JAMES RICHARDSON HARRISON. I am an officer of the Customs at North Shields. It is my duty to grant register-tickets to applicants—these tickets produced were granted by me—a person applied to me for them who I believe was the prisoner—he came with the master of the ship—I delivered one ticket to the party, and kept the other at the office—this is dated 18th April, 1847.
Cross-examined by MR. HUDDLESTON. Q. When boys come with masters, do the masters answer the questions? A. No, the boy generally answers—the answers are not suggested by the master—the questions are distinctly put to the boy and answered by the boy, both when he is accompanied by the master and his father—the father or the master may put in a word.
JOHN MORRIS. I am a master mariner at North Shields. In April last I went with the defendant to the Custom-house to obtain a ticket—he was then bound apprentice to Peter Dale, Esq., of North Shields, part owner of the ship Peggy—I was the master—I took the defendant to the Register-office with Mr. Dale's clerk—we obtained the ticket—the defendant gave it me, and we went a voyage to St. Petersburg and back to Grimsby, in the port of Hull—when we came to Shields the ship was going to sea again, and he said he was ill—I sent for him, and asked him what was the matter—he said his head ached—I said that would work off, but he might go to bed—he then had a sore leg—I looked at it, and gave him some medicine—I brought him up to London—he then left to see his friends—my ship went to Newcastle—he did not go with me—I made an application for him—he did not come back to the Peggy—I did not see him till the day before I came from London the last voyage, a fortnight or three weeks ago—I found him on board the Rajahstan—he had the appearance of a sailor, and was at work amongst other persons—I do not recollect whether be was bound for four or five years.
Cross-examined. Q. Had you not a good deal of salt provision? A. Not a great deal, we had some—I do not know that that makes people have sores—I heard that the defendant took a fancy to the sea, and his father wanting to deter him from it sent him with me—it was his own choice to go with me—he signed the deed of apprenticeship in the Register-office at Shields, and I signed it at the same time—his father was not present, he was in London—his father stated when he started that he was to go an experimental voyage to Newcastle, and if he chose to go to the Baltic he was to be bound—I could not take him apprentice there without that—it was not my place to acquaint his father with the circumstance of his being bound—he had seven or ten days to do it in, and was told to do it—his father brought him to me on board
the ship, and said, could he be bound as a sailor?—I said I would not take him, or any other person's boy, till he had a bed and other things—his father said, "I should not take to have him bound till be knows how he likes it"—I said, "Bear in mind, if he does not like the sea, I will send him back; and if he is bound and does not like it, I will endeavour to have his indentures cancelled"—I told the boy ten or twelve days to write to his father to say whether he was to be bound there or sent home—he got no answer, and was bound to Mr. Dale.
THOMAS WILD. I am clerk to the Assistant-Registrar in London. On 22nd Oct. the defendant applied to me to have a ticket—Captain Nicholas Stevens was with him, and his father, and Mr. Anthony a colonial agent I believe—he produced two indentures for enrolment, one of them was left in the office—we cautioned the boy to speak the truth, and put the question to him—I objected to give him the ticket that day, because I found he had been bound to his father—on the 25th the whole party appeared again and produced the cancelled indentures by which he had been bound to his father, and this indenture, by which he became bound to Stewart—I then asked him his Christian and sirname, and whether he had ever had a register-ticket before, or ever been registered before—he answered, "No"—I then asked when he was born, and his birth-day, in order to get his age—he gave the day he was born—I asked him whether he had ever been to sea before—he said he had not—thereupon I granted him this ticket which is attached to this indenture, and I kept one—I handed this one to the captain—it is the captain's duty to keep the ticket while the boy is in his service, and return it when his apprenticeship is over; but tickets of others, who are not apprentices, he returns at the end of the voyage.
Cross-examined. Q. I suppose you have a good many people come to your office? A. Yes—we do the business as quickly as we can consistently with our duty—I asked the prisoner the questions, from the category before me—I generally ask from the category, perhaps not exactly in those words, but to the import—I cannot say that it was word for word—I take down the answers, but will not swear I asked the questions in the very words of the category.
MR. GODSON. Q. According to your memory, give us the words you used about the register? A. "Have you ever had a register-ticket before?" and he said, "No"—I asked him if he had ever been at sea before, and he said, "No"—I put this question No.4: "When did you first go to sea?" and he answered that he had not been—I am sure that that answer was written down at the moment—at the moment I was writing the answer, I had the question under my eye—I have not the slightest doubt that I read it in this language correctly—I believe I read the second question, "Have you, or have you not, been registered before?"
COURT. Q. Are you quite sure you took down the answers? A. Quite.
GUILTY. Aged 17.— Confined Fourteen Days.
MR. PAYNE conducted the Prosecution.
at nine o'clock in the morning of 29th Oct.—I returned at five that after noon, and it was gone—from what I heard, I gave information to Brannan—I went the next day to Mr. Green's stable, in Hunter's-mews, Dorset square—I saw my gelding there—from what Mr. Green said, I went to Nevill's stable, and saw Burke, whom I knew by sight—he said, "I know this man very well"—he shook hands with me, and said, "I sold Green your horse; I will go with you up to Green's"—Burke and Brannan went in my cab, and I drove them to Green's—I claimed the horse of Green—he would not give it up—he said he bought it of Burke—he would have given it up if Burke had had the money to give him—I gave Burke into custody—next day, Sunday, I went with Brannan to Bexley-heath, and saw Moss—Brannan asked him if his name was Moss—he said, "Yes"—he asked him if he had bought a grey horse on Friday, in Smithfield—he said he did, of a young man of eighteen or twenty, and gave 4l. for it—he said he thought he should know the man again if he saw him—I had my son with me at the time—Moss looked very hard at him, and said, "It was a young man resembling him"—I asked him if it was him—he said, "No"—he asked how many more sons I had; and he came to town, and saw my other sons—he said none of them was the person—Moss was given into custody, next morning, outside the Court, having come there of his own accord—I valued my horse at thirty guineas—I gave fourteen guineas for it—I bought it in a low condition, eighteen months or two years ago—I turned it out to grass for six weeks—I can produce a gentleman who will give me 28l. for it any day—I have got the horse—the Magistrate ordered me to have it to work—it is worth fifty guineas as well as one penny is worth another—4l. is not a price for it—I found the halter with it at Green's, that it had been tied up with.
Cross-examined by MR. PARNELL. Q. What time did you go to Nevill's stable? A. I went more than once—I went first to inquire for the horse, and about Moss—I expected Barney Bushell, a horse-dealer, would give me information—I did not know who stole it—I had never seen Moss—Burks told me that Moss sold him the horse, and Green told me he bought it of Burke, at Smithfield, and paid him 6l. 10s. for it—I would not take fifty guineas for it—I might buy a hundred horses, and not have one like it.
Cross-examined by MR. PRENNDERGAST. Q. Were you with your father at Bexley? A. Yes—Moss looked at me and said I was not the person who sold it.
ANN TREMAINE. I am wife of Edward Tremaine, a cabinet-maker, and live in a room over Mr. Heales' stable in Gloucester-street—on Friday, 29th Oct., about ten minutes past two, I heard James Heales go away from the stable—the lodger above me then went out from his dinner, and left the stable-door open—my little boy went to shut it, and a man came and told him not to shut it for a few minutes—in a few minutes I opened my window, and saw the horse going from the stable, led by a man with a rope—I do not know the man—I only saw his back.
Cross-examined by MR. PRENDERGAST. Q. Who was this lodger? A. I do not know his name, he has left—I never associated with him—I was not long in the house—I do not know where he is gone—he was the father of four children—I do not know whether he was young or old—he did not have the horse—I did not notice the man that led the horse—I merely
opened the window and saw his back—I think he had a cap on, but do not know—I looked at the prisoners at the police-office, to see if either of them was like the man—I do not think they were.
EDMUND THOMAS TREMAINE. I am eight years old, and live with my mother, Ann Tremaine—I remember the Friday when the horse went away—I saw the stable-door open—I was going to shut it—a man came and told me not—I do not know who it was—he went away—I did not see any more of him—I do not know whether he took the horse—I went up to my mother.
Cross-examined by MR. PRENDERGAST. Q. The man you saw was a stranger? A. Yes—it was not either of the prisoners.
JAMES BRANNAN (police-sergeant, G 20.) I went with Mr. Heales—I heard Burke tell him he had sold the horse to Green—I went to the mews in Dorset-square, and saw the grey gelding—Burke told Green not to give it up, that he had bought it in Smithfield yesterday, of a person named Moss, and borrowed four sovereigns of Green to pay for it—Burke said he bought it of Moss, whose brother lived in the Kent-road, and if I would accompany him there he would send to his brother—I put him in Mr. Heales' cab, and was taking him to the station—he said, if Mr. Heales had been quiet he would have rendered him all the assistance in his power, but now he would see him d—d"—I took him to the station, and found on him this piece of paper (produced)—he said it was a warranty—I said it was not—he then said it was given to him by Moss—he said he bought the horse about half-past two—on the Sunday I went with Heales to Bexley, saw Moss, and told him who I was, and that I had information he had sold a grey horse on the Friday preceding, in Smithfield, and that I had Burke in custody—he said yes, he did, he bought it of a young man he did not know, but he thought he should know him if he saw him again—he looked at Mr. Heales' son, and said he was like him, but afterwards said he was not the person—I showed him the piece of paper I had taken from Burke—he said that paper was given him by the young man, that he gave the young man four sovereigns for the horse, and stood a quartern of gin—Mr. Heales said the horse was safe in the stable at two o'clock—Moss said it was a quarter past two when he bought it—he accompanied me to different places, but could not find the young man—to the best of my recollection Burke said he bought the horse for 5l. 10s.
WILLIAM ROGERS. I am a boot and shoe-maker—the prisoner was in my employ eight or nine months—he was paid by the work he did, sometimes three times a week—these boots are mine—one pair was found at Fawcett's, the other pair was in pawn—this pair, that was sold, I know by a mark in the leg—I speak to them from the make, and the binding as well—this other pair are my own marking and cutting out,
Prisoner. It is but the Ordinary mark on every pair of shoes in London. Witness. I marked these myself—I expect the work of the other pair is yours—I cannot swear to the make, but I know the binder's name, and the cutting out—I have never sold them to any one to my knowledge—I can
swear that I have had all the work returned that you had to make—if there were given out to you, you must have returned others of mine to me, and must have stolen these or the others.
ELIZA FAWCETT. I am a widow, and live in Great Chapel-street, Westminster—I have known the prisoner three or four years—I formerly used to work for him, but have not for two years—he used to serve the pawnbrokers and other shops with work—his price was very low, and I got better work—he called on me in Sept., and told me Mr. Rogers had had a robbery, and had transported a young man for robbing him—he said Mr. Rogers might be robbed to a considerable amount without finding it out—I gave him orders to make my children two pairs of boots—he told me he was shopman at Mr. Rogers's, but still he got up work on his own account—he said the two pairs of boots for my daughters would be 14s.—money being short, I demurred to having them done—he called and said he had several pairs, and this pair I should have for 5s. 6d.—these are them—I paid him half-a-crown off them—the name of "Gornall" is inside them—Mrs. Rogers called and claimed them as her husband's.
Prisoner. Q. Did not you put a pair of vamps in a pair of boots for me? A. No, I have done no work for you these two years.
WILLIAM MILLERMAN (policeman, B 95.) I took the prisoner at Mr. Rogers's, took him to the station, and received the boots from Mrs. Rogers—she showed me the prisoner's lodgings, and I found the duplicate for the produced by Roberts.
Prisoner's Defence. About the middle of July I had a pair of boots to make; I damaged one, and retained them in my possession; I ripped of the soles I had damaged, and sold them to Mrs. Fawcett, about the beginning of Sept., for 5s. 6d. I had some materials by me which I got bound and made up, and took to Mr. Rogers; I felt justified in retaining that pair by me; this larger pair I also damaged, and the vamps have been put in by Fawcett; had she spoken the truth, it would be proved it was a pair I had out for Mr. Rogers, and he not paying me one Saturday night, it very much inconvenienced me, and I pawned them; I had taken in a pair of my own instead of them.
WILLIAM ROGERS re-examined. The binders put their mark in the boots before they are given to the prisoner to make—the mark does not show that they ever came into my stock to be sold—I have not found the prisoner's quantity of work deficient—these must have come out of my stock—I can swear to the binder's name—the prisoner could not replace them without my knowledge—I should know any other work that came into my stock—he was to put the soles to them and to bring them to me—he had no materials of his own—I was not in arrears to him—I sometimes have omitted to pay them on Tuesday or Thursday, but always paid on Saturday.
JURY. Q. How had the prisoner access to these boots? A. He lodged in the house, and he came backwards and forwards to the shop to have his work.
Before Mr. Common Serjeant.
WILLIAM ROGERS. On 5th Nov. I learned from a neighbour that I had a man in my employ who was robbing me—my wife went to Mrs. Fawcett's, and found a pair of upper-leathers in the prisoner's possession—I can swear to them as mine.
ELIZA FAWCETT. I live in Chapel-street, Westminster—I know the prisoner—he called at my house at nine o'clock on the evening of 29th Oct.—my little girl opened the door—I saw him give her these two pairs of upper-leathers—he said he would call for them on Sunday or Monday—I looked at them, and saw they were not his property by the mark in them—I returned them to him—they were found in his room.
Prisoner's Defence. I had these two pair from Mr. Rogers's to make; they were never made; I wanted some binding done for a person, and took these to show how I wanted them done.
WILLIAM GIBSON. I am a bootmaker, in Brownlow-street. At one o'clock last Sunday morning I was passing up Holborn-hill, and the prisoner and another took hold of my arms, and wished me to go somewhere with them—in a moment afterwards I missed my handkerchief—they crossed the road—I went over, and asked them for it—they said they had never seen it—a policeman came up—my handkerchief was found at their feet—this is it.
Prisoner. There was no female with me.
Prisoner's Defence. He said at Guildhall he took it out of my hand; the Alderman told him to be correct, and then he said he picked it up by my side.
GUILTY. Aged 20.— Confined Three Months.
THIRD COURT.—Friday, Nov. 26, 1847.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. CHALLIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
GEORGE WORT. I live at 9, Titchborne-street. On 9th Nov. I was in the crowd on Ludgate-hill—I had a handkerchief in my pocket, missed it, an officer gave me information, I turned round and saw it an officer's hands—this is it—(produced)—it is mine.
THOMAS BRADLEY (policeman.) I was on duty and saw Williams take this handkerchief from Mr. Wort's left hand pocket—I was dragged back, but as soon as I could get near I took him—the handkerchief was then gone—I
had seen both prisoners in company for three-quarters of an hour, attempting to pick pockets.
William's Defence. There was a dozen people there when the officer took me.
MARTIN— GUILTY. Aged 17.
WILLIAMS— GUILTY. Aged 17.
Confined Three Months.
CHARLES KNOCK. I am a shoe-maker at York-place, Hoxton—the prisoner was my journeyman for about three weeks, and lived in the house—on 11th Feb., about five o'clock, I left my shop—in about ten minutes I heard something, returned, and missed the prisoner, also sixteen pairs of shoes, and a hammer and pincers—he had not given me notice of his leaving—I never saw him again till he was in charge—I have not seen the tools since.
Prisoner. He has made a mistake in the date, or else I should have pleaded guilty.
GUILTY. Aged 24.— Confined Three Months
MARY ANN MOORE. I am single, and live at Gloucester-buildings, White Cross-street. On Nov. 5th, between two and three o'clock in the morning, I was at the King's Arms public-house—the prisoner was there—I had drank with him several times, but was not acquainted with him—he offered to see me home, went with me, and in about three minutes snatched my shawl from my neck—this is it—(produced.)
Prisoner. I took it, but not with the intention of stealing it.
ROBERT BRIDLE (policeman.) About twenty minutes past five o'clock I was near the Borough-road—the prisoner was walking towards me with something under his arm—he saw me and turned back, and I after him—I found him and the shawl in a privy.
Prisoner's Defence. It is false.
GUILTY. Aged 18.— Confined Nine Months.
JOHN GINGLE. I was at work on board the bring Sally, in the London-docks—I put my handkerchief into my jacket pocket, which I took off and gave to a little boy to hang up on the vessel—I was away five minutes, came back, and the handkerchief was gone—I asked the boy something, ran ashore, and found the prisoner with my handkerchief in his breast—he had no business on board.
GUILTY. Aged 18.— Confined Two Months.
JONES pleaded GUILTY.* Aged 32.— Transported for Seven Years.
MICHAEL HAYDON (City-policeman 274.) On 20th Nov., about a quarter past six o'clock in the evening, I saw the prisoners together—I lost sight of them, and saw them together again at twenty minutes to seven, watched them, and saw Jones go into Mr. Tite's, a stationer's shop, in Cheapside—Nile went close to him—Jones took four reams of paper from the shop, and went away—Nile stopped, looked round, and then followed Jones—I followed, took Nile, and went on and took Jones.
Nile's Defence. I only spoke to Jones at the corner of Wood-street, and had nothing to do with stealing the property.
NILE— GUILTY†. Aged 19.— Confined Nine Months.
JAMES BUSH. I live in Charles-street, Drury-lane. On Wednesday afternoon, 10th Nov., between three and four o'clock, I was in Regent-street, and saw the prisoners together at a pawnbroker's shop—Sullivan stood in front of the window, and Stapleton in the next door-way—Sullivan left, and seemed to speak to Stapleton, then returned to the window, took a trowel, and gave it to Stapleton—one went one way, and one another—I followed to Strutton-ground, and told an officer, who took Stapleton—Sullivan got away, but I am sure he is the boy.
GEORGE BIGGS (policeman, 45.) I took Stapleton—he said he had not taken the trowel—I gave him in charge of Bush, went after Sullivan, and took him, with the trowel—this is Mr. Broderip's signature to this deposition—( read—."The prisoner Sullivan says, I was at the corner, and Stapletonand another came to me with the trowel."
Sullivan's Defence. This boy and another came to me, and asked me to buy a trowel; I looked at it, and said I had no money.
Stapleton's Defence. A boy asked me to buy the trowel; it was not Sullivan.
SULLIVAN— GUILTY. Aged 16.—Recommended to mercy by the Jury. — Confined Two Months.
STAPLETON— GUILTY. Aged 16.— Confined Six Months.
106. THOMAS SMITH , stealing 2 shawls, value 7l. 4s. 24 boxes of artificial flowers, 6s. 1 necklace, 1l. 1 shirt, 10s. and 1 pair of stockings, 1s. the goods of James M'Dowall, in a port of entry and discharge.
MR. BALLANTINE conducted the Prosecution.
JAMES M'DOWALL. I am a mariner, and live at Ashley-place, Stepney. In 1845 was captain of the Grecian—the prisoner was steward—in Dec., 1845, we were off Canton—I was ill some time, and I gave two shawls and twenty-four boxes of artificial flowers into the prisoner's possession to put into a sideboard to take care of—I expected to return home with the ship—I told him one shawl was for Mrs. White, and another for my wife—I did not say who the others were for—soon afterwards I was very ill, and was
sent ashore at Hong-Kong—I had not removed the articles then—they could not be got out, as the cabin was stowed with tea—it was impossible to take them out till the tea was removed—at the latter end of August, 1846, I arrived in England, went to my wife and to Mrs. White, but heard nothing of the shawls or artificial flowers—I had sent a letter to England, but had received no answer—after seeing my wife, I made inquiries for the prisoner, and found him at Deptford—I had been in such a dangerous state with brain fever at Hong-Kong, that the doctor gave no hopes of my recovery—when the prisoner saw me he seemed very much frightened and surprised—he could not speak, I should say, for five minutes—I said, "Well you may be both afraid and ashamed to see me"—he said he really was—I said, "What is the reason you did not deliver the things to my wife, or go to see her and tell her the things were in the ship?"—he knew where she lived perfectly well—he said he was ashamed to go, on account of the ship being broken into in St. Katharine's Dock and all my property stolen—I said, well he might be, for I did not suppose anybody had robbed the ship but himself, and I should take him up to St. Katharine's Dock to make inquiries—I think this was on a Saturday—he agreed to come over and meet me on Monday, but did not come—I went to his lodging on the Monday or Tuesday week, and told him if he did not come over to the dock with me I must certainly bring him over—he agreed to come over next day, but did not—I went to St. Katharine's Dock, and made inquiries of the inspector and officers, but could hear nothing of the ship being broken open—I went before a Magistrate, and then went with an officer to take the prisoner—the officer called me into an up-stairs room at the prisoner's house, and found a shirt, pair of socks, and four or six boxes of flowers—I cannot swear to the boxes or the flowers, but they are both similar to mine—I had twenty-four boxes in the vessel.
Cross-examined by MR. ROBINSON. Q. Where did you get the shawls? A. At a warehouse at Canton, and the flowers also—I have not often brought over such things—I know of no one having flowers on board but me—I had five shawls and two handkerchiefs, but only left two in the prisoner's care—he was to have the custody of them all the way home—no person could get to them but him—I gave them into his own hands—they were put into a till, which was planked up—I had not the brain fever when I gave them to him—I told him to put them into the sideboard drawer, which was not locked, but they were battoned up, about two days afterwards, at Whampore, not at Hong-King; we had not much company on board—I had a friend on board two or three times—whether it was a female friend has nothing to do with it—I had female friends on board sometimes; coloured ones, but not very often—I will not say whether they stayed all night or not—I do not recollect what I paid for the flowers—some of my things were sent on shore after me, but not all, by a great many—they were sent to Messrs. Tanner's, my agents—that was when it was known that I could not come home in the vessel—I was not sensible at the time, and did not know what was sent—I gave the prisoner nothing to pay the duty with; I should have paid that myself—I did not direct him to take the things to my wife—the Court have retained Mr. Humphreys to prosecute for me, as I have not the means—I believe the Grecian came home in May, 1846—I did not arrive till the latter end of August—when I first saw the prisoner, Mrs. Anderson was in the room—I adhere to my statement that the prisoner was alarmed and shook for five minutes—I do not know whether it was ten minutes—I do not believe the prisoner had any shawls on board—I was told that he purchased some flowers on board after I left the ship—I
inquired at the dock of Mr. Humphreys, the head inspector of the gate-keepers, at the Baggage Warehouse, and at the Queen's Warehouse—I have seen Mr. Taylor since at the Court—I do not know that information was given to him which he is here to swear to; I have seen him here—the least thing that happens ought to be reported to the inspector—if anything was reported to him it would be his duty to give information to the police—I said I would make the prisoner pay dearly for these things—I said I would take him up—I did not say I would give him in custody if he did not pay for them—he did not offer to go down to the docks with me when I made the appointment—I went to him first on a Friday—he came over on Saturday to go to the docks; I met him, and he took me to Mr. Foster, who, I think, had some of the things—Foster said he knew the Custom-house officer who was on board the ship when she was discharged, and that he knew something about them; but I believe he got me away on purpose to keep me from meeting Smith at the dock till the dock was shut—Foster then took me to look after Rose—he took me to two or three houses, where the people shut the door in his face—Mr. Taylor's name was not mentioned by either party—I will not be certain whether Smith was going with me, but I told him he had better go to the docks—I was to meet him at the Baggage Warehouse—I went, but he never came—I swear that—no: I promised to go to the dock with him, but he never came to go with me—he and Taylor did not offer again to go with me to look after Rose—I think that the vessel arrived again in June this year—I was present when an application was made to postpone the trial on account of the Grecian not being here, but that she would be here in June—my reply was that she could not be here till Sept.; I knew it was impossible if she made the voyage as she always did, as she had to go from Bombay to China—she is away now—she was here in June—I was chief mate nearly five years—I do not know whether they are two odd stockings that I have had put in this indictment—the washerwoman used to come for the things to be washed at Canton—she came for a good many people's beside mine—my things have sometimes been changed at the wash—I went before the Magistrate six or seven times before I could get the prisoner committed for trial—two or three days after he was committed, the carpenter of the Grecian arrived—I was told that he went before the Magistrate to tender his evidence, but it was too late as the depositions were taken.
MR. BALLANTINE. Q. How lately were the coloured ladies on board the vessel? A. Not for a week or ten days before we left—the cabins were all full then—I inquired of the police-inspector at the dock, and of every other person who I supposed knew anything about it—Foster is a tailor, in Broad-street, Ratcliffe.
THOMAS WILLIAM WRIGHT. I am a hatmaker, at 158, High-street, Shadwell. In consequence of information I received from Mrs. M'Dowall, I went to the St. Katharine's Docks to the ship Grecian—the new captain was on board—I saw the steward, and asked how Capt. M'Dowall was—he said he was as bad as he could be to be alive—I asked what things he had of his on board—the said only a sword-stick and five bamboo canes—the vessel had arrived about two o'clock in the morning; this was between three and four in the afternoon—I said, "Mrs. M'Dowall has received a letter from Capt. M'Dowall saying he is better, and has a few things on board"—I took the letter out of my pocket, and read the part which concerned him—it was about the two shawls, the flowers, and some toys for the children—he said, "Tom, I sent everything on shore to the agent at Hong Kong"—I went into the
cabin where the sideboard was, but did not take particular notice; it was blocked up with something—a month or six weeks afterwards he called on me, and asked where Capt. M'Dowall lived—I said, "I can't exactly tell you, but I will take you round and show you"—when he saw him, he said, "Capt M'Dowall, I never thought of your things till this minute"—he afterwards said the cupboard was broken open, and some things were stolen.
Cross-examined. Q. Was not his observation this, "Capt. M'Dowall, I never thought of your shawls till I saw you?" A. Yes, that was the first time he had seen him in England—I believe the carpenter and Mrs. M'Dowall were present—I believe my sister was to have had one of the shawls, and I went down to inquire whether there were such things on board, on account of Mrs. M'Dowall giving me the letter.
AMELIA ANDERSON. I am a wife of William Anderson, of Deptford—I have known the prisoner about five years—in the summer of 1846, he came to lodge at my house—he said he had been home two days—he afterwards brought seven or eight boxes of artificial flowers, as near as I can recollect—he showed some of them to me; some were afterwards found—he said the ship had been robbed in the docks, and he had lost two white crape shawls,. which he had brought over for his cousin; from the place where they had been battened down—he said nothing about Capt. M'Dowall or his things.
Cross-examined. Q. He always spoke of them as things for his cousin? A. Yes—he brought a chest of tea for her, which was kept at my place till he could get the shawls—I was present when he saw Capt. M'Dowall—I noticed no alarm about the prisoner—he was smoking a pipe—I did not see the least difference in him—he told the captain he has lost two of his own shawls from the ship, and his likewise—I think he said if the captain would wait a little he would go down to the docks at once—I think the captain said he was engaged, and would meet him next morning—the flowers remained at my house two or three weeks, or longer than that—when the prisoner went out he took about four dozen shirts with him—he did not bring back so many.
MR. BALLANTINE. Q. Has the prisoner lodged with you since? A. Yes, within the last twelve months; he left last January—he has lodged with me ever since he came back—we were very good friends—when the captain came to see the prisoner he was smoking his pipe in the garden—I tapped at the window, and he came in—he did not know who he was to see—the flowers were taken from my premises.
HANNAH SMITH. I am the widow of William Smith—the prisoner is my brother—he came to my house on 8th May, 1846—he had arrived on Thursday evening, the 7th—I did not see him till he came on Monday morning, the 11th—on Tuesday evening he had a China crape shawl in his hand of a cream colour, a whitey-brown, what is called military white, and he told me gave 18 1/2 dollars for it to the steward of a steamer, and he was to have five guineas for it—I said, if he got that he would get paid—he said Capt. M'Dowall was very ill, and not expected to live.
Cross-examined. Q. Are not these kind of shawls often brought over by stewards? A. Yes, and by foremast-men—people generally bring home something of the kind.
JOHN EVANS. I was a policeman, but am superannuated—I took the prisoner, and said he was charged by Captain M'Dowall with stealing two crape shawls—he said, "I never stole the property, the ship was robbed in the dock after she arrived—I never had the shawls at all"—I asked him if he was entrusted by Capt. M'Dowall to bring home any shawls—he said he
was not, he never had any shawls at all—I produce the artificial flowers, a shirt, and a pair of socks—we went to the captain's lodging.
Cross-examined. Q. You went with the intention of taking the prisoner? A. Yes—I was in plain clothes—I left the prisoner outside—I asked a few questions of the captain, and in four or five minutes called the prisoner in, and took him in charge—I asked him, in the first instance, whether he had been entrusted with any shawls and beads, not beads only.
JAMES M'DOWALL re-examined. These flowers are similar to what I entrusted to the prisoner, but they are all to pieces now—the shawls I entrusted to him were crape, very nearly white, they cost me 3l. 5s. each, 18 1/2 dollars.
Cross-examined. Q. Then they were not whitey-brown shawls? A. They were of the colour of whitey-brown thread, that is a cream colour.
MR. ROBINSON called
JOHN CONNOR. I am carpenter of the Grecian—I recollect some wood-work being put up against the sideboard before we left Hong Kong—I do not know when the things were put in the drawer—they were battened down fourteen or fifteen days before we left Whampore—I took ashore two chests and five cream-coloured crape shawls of an inferior sort, for the captain, who had been ill four or five days, with a second attack of brain fever, and left them with one of the clerks of Tanner and Coles—the captain was always ill at intervals—the clothes and shawls did not come from the sideboard, they could not until the things were taken out of the cabin—I had some artificial flowers on board, of the same quality and character as these produced—I cannot swear they are the same, they have been squeezed down and flattened—I let the prisoner have some, I cannot say how many—every one on board had flowers—it is a very common thing to bring shawls and other things home—I was not in England when the prisoner was examined before the Magistrate twelve months ago, but as soon as I arrived I went to the police-office to state what I knew—the prisoner always bore a good character.
Cross-examined. Q. Did you sell the flowers before the battening up? A. Yes; that is, I gave them to the prisoner—I sold some to Capt. Longford—I did not sell any to M'Dowall, and did not know of his having any—I have no doubt these are the same I gave Smith, but it is impossible to say—I came to England in the vessel, she arrived in dock on Thursday, 8th May, between one and two o'clock in the morning—I left as soon as she came in, about half-past one—I went on board next day, and again on the Tuesday following, to get paid—the cargo was then all cleared out, and the cabin cleared—I do not know what was in the sideboard when it was battened up—I never took the liberty to look—I only went on shore once with the things, they were handed up to me by Smith and another man—I was not in the cabin.
----FOSTER. I am a tailor, at 72, High-street, Shadwell. As far as I can recollect Capt. M'Dowall arrived here in August—I heard of his loss either from himself of Mr. White—I was present when the prisoner met the captain at my house—the prisoner reported that some property had been taken from the ship, and said, if the shawls were on board, no doubt they were part of it—the prisoner told me that some things had been abstracted from the ship while he went to be paid—I knew Rose the Custom-house officer, who was in the ship—it was agreed, when Smith was at my house, that M'Dowall and I should go in search of Rose, and Smith was to make inquiries at St. Katharine's Docks, and meet us there—the captain went with me, he did not keep the appointment—he came afterwards with me, and met
Smith at my house, who said he had waited at St. Katharine's Docks till they were closed, and then came home to my house—an appointment was made for the next day—the prisoner was late next day, as I had to wait on a gentleman, and he accompanied me, and requested me to go of a message for him, as he wanted to see the captain of a steam-vessel—as far as I have seen he has shown no indisposition to meet any examination—he brought a brown silk dress home for my wife, some flowers, and a present for my little girl, there was no secret about it—I have known the prisoner nearly six years, and never heard anything against him till this.
Cross-examined. Q. When did you first see him after the vessel arrived? A. I think it was the next morning, Friday—I think I saw him on the Saturday, but not on Sunday—I was in the habit of seeing him pretty well every day—he said he had brought home a shawl as a present for his cousin Martelli—a shawl I think was the word—I did not see it—he said he had brought home a chest of tea, some fans, and other things—he gave my wife a silk dress, worth, I should say, 1l., I made him a coat in return, which I did not charge him for—I saw him with no shawls whatever—he told me, in May, that the ship had been broken into—I went to the Custom-house to Rose, but not to the inspector of police or the dock-office—I did not go before any Magistrate in May, or to any station-house—I only went to look after the Custom-house officer, who was the only person I saw, as all the cargo was under his charge.
----TAYLOR. I am a Custom-house officer in the baggage department, I am not the principal of that department. I recollect information being given in May, 1846, by Smith—he said something about the clearance of a box of tea and a case of preserved ginger, and said the ship had been robbed during his absence—I have not the landing-book with me, but we landed the packages about the 15th.
GUILTY. Strongly recommended to mercy by the Jury and Prosecutor, having been a year and a half in gaol. — Confined Three Months.
OLD COURT.—Saturday, Nov.& 27th, 1847.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice COLTMAN; Sir PETER LAURIE, Knt., Ald.; Mr. Ald. WILSON; Sir JAMES DUKE, Knt., Ald.; Mr. Ald. WILLIAM HUNTER; Mr. Ald. HUGHES HUGHES, and EDWARD BULLOCK, ESQ.
107. DENNIS FITZGERALD,alias Kennelley , breaking and entering the dwelling-house of Jane Smith, on 14th Nov., at St. Pancras,✗ and stealing therein 11 spoons, value 2l. 4s. 2 pair sugar-tongs, 16s. 2 half-crowns; and 5s. her property; having been before convicted; to which he pleaded GUILTY. Aged 20.— Transported for Seven Years.
GUILTY. Confined Six Months.
GUILTY. Confined Three Months.
GUILTY. Confined One Month.
111. JOSEPH PULBROOK , stealing 3 pairs of uppers for slippers, value 4s. 2 uppers for slippers, 1s. 1 pair of uppers for boots, 1s. and 12 yards of galloon, 8s. also 1200 yards of galloon, 3l. the goods of James Davies and another, his master; to both of which he pleaded
GUILTY. Confined Six Months.
Before Mr. Justice Coltman.
112. GEORGE PHIPPS , feloniously forging and uttering a warrant for the payment of 42l. 9s. 11d., with intent to defraud the Governor and Company of the Bank of England; other COUNTS, stating his intent to be to defraud Thomas Rance, the surviving executor of Elizabeth Griffith, deceased.
MR. CLARKSON and SIR J. BAYLEY conducted the Prosecution.
ABEL CLIFTON. I am one of the principal clerks in the office of the Three per Cent Reduced, Bank of England—I produce a true copy of the account in the Bank books of the stock of Elizabeth Griffith, deceased—I copied it myself from the books—on 11th Nov., 1828, the amount of stock standing in her name was 4,000l. 0s. 6d.—the next amount, after that had been reduced, is 3,300l. 0s. 6d. on 11th Oct., 1841—381l. 15s. 9d. was transferred on that day, leaving 2918l. 4s. 9d.—Thomas Rance, as the executor of Elizabeth Griffith, was entitled to receive the dividends on that amount after 11th Oct., 1841—I presume there was a dividend due on that stock on 11th Oct. last, but that is not my department—the amount has remained the same to the present time, and whatever dividend was due on it, Thomas Rance, as surviving executor, was entitled to receive.
RICHARD BREADY. I produce a certificate of the burial of Elizabeth Griffith—I compared it with the original in the parish of Chelmsford—it is a correct copy—(This, being read, certified that Elizabeth Griffith, of Duke-street, aged 60, was buried on 5th Aug. 1830.—Signed, J. Hutchinson, officiating Minister)—I also produce a certificate of the burial of John Rance, which I have examined with the original at the parish of Great Baddow, in Essex—(This certified the burial of John Rance of Hatfield Peveril, Dec. 21st, 1830. aged 62.)
HENRY ROBERT HOWARD. I am a clerk in the Bishop of London's office, Doctors' Commons. I produce, from the Consistorial Court of the Bishop, the original will of Elizabeth Griffith, and also the register-book of the Court for the Diocese of London, containing the entries of wills and the acts of the Court—this is the entry in the register—(reads,) "The will of Elizabeth Griffith was proved at London, 22nd Dec., 1830, before the worshipful the Judge by the oath of Thomas and John Rance, brothers of the deceased, the executors, to whom administration was granted."
(The will of Elizabeth Griffith was here read, dated 19th Nov., 1829.
After dividing her furniture, plate &c., between her niece, Jane Rance, and her daughter Elizabeth Mary Phipps, it conveyed the residue of her personal estate on trust to her brothers, Thomas and John Rance, to be invested in stock, the interest of the same to be paid to her said daughter, E. M. Phipps, during her life; and after her death, the principal to be divided amongst her children.)
JOHN LEWIS. I am a clerk in the Consol-office at the Bank of England—I give out warrants for the dividends on the three per cent. reduced. On 21st Oct. I was applied to for a dividend warrant payable on some stock standing in the name of Elizabeth Griffith, deceased—this is the warrant I gave out—(looking at one)—the person who made the application gave a proper description of the stock, and the amount of the dividend—he stated that he was the executor, Thomas Rance, and I gave him the warrant—he signed "Thomas Rance" to the bottom of it, in my presence—I produced to him the dividend receipt-book, which I have here—he signed "Thomas Rance" to that, in my presence.
Prisoner. Q. Can you swear that I am the person who applied for the dividend warrant? A. No; I cannot tell whether you are the person or not, so many hundreds and thousands come for dividend warrants.
(The warrant was here read. It was for 42l. 9s. 11d., after deducting the income-tax, due on 10th Oct., 1847, on the before-mentioned stock, signed, "Thomas Rance." The entry in the dividend receipt-book was also signed, "Thomas Rance.")
THOMAS RAIKE. I am a clerk in the Dividend Pay-office at the Bank of England. I produce the pay-book, containing an account of the money I paid in cashing dividend warrants on 21st Oct. last—42l. 9s. 11d. was paid by me on that day to the bearer of this warrant, in two 5l. notes, Nos. 36681 and 36682, dated 14th Sept., 1847, and 32l. 9s. 11d. in cash—this (looking at a note, No. 36682) is one of those notes.
Prisoner. Q. Will you swear I was the person who came with the warrant? A. I can not.
THOMAS RANCE. I live at Hatfield Peveril, near Chelmsford, in Essex,✗ and am one of the brothers of the late Elizabeth Griffith—I had a brother named John, in her lifetime—my sister lived at Chelmsford, she died on 29th July, 1830, and was buried there—she left a daughter, Elizabeth Mary, surviving her, who was married, at the time her mother died, to George Phipps, the prisoner—my sister was a widow when she died—my brother died on 15th Dec., 1830—at the time of my sister's death the prisoner lived at Enfield, in Middlesex, and carried on business as a saddler and harness-maker there—I and my brother John were the executors of my sister's will—I have no recollection of proving the will—I cannot recognize my sister's writing at the bottom of this will—(looking at it)—I think it is hers—when she died she had 3,300l. 0s. 6d. in the three per cent. reduced—on the 28th Nov., 1831, I as surviving executor, gave the prisoner a letter of attorney to receive the dividends—this is it (produced)—it is my writing—it was to save the trouble and expense of my coming to town—I cancelled that when the prisoner became insolvent, and from that time down to April, in the present year, I received the half-yearly dividends—(referring to the letter of attorney)—the date of the canceling of this is 18th Oct., 1837—I request here that no further act may be done by this power—the prisoner knew that I cancelled it at that time, and I continued from that time always to receive the dividends down to April last—I received this letter on 6th Nov., 1838—(produced)—I believe these signatures are those of the prisoner and his wife, Elizabeth Mary
Phipps—my daughter, Louisa, was in the habit of transacting my correspondence at that time—the prisoner knew that—she used to write for me to him, and receive letters from him—(This was directed to Miss Rance, Swan Inn, Hatfield Peveril, dated 22nd Oct., 1838, signed by Robert Mattheson, the assignee under the prisoner's bankruptcy, also by the prisoner and his wife, directing the interest of his said wife in the stock in question to be paid to Luke Addington, Esq., he having purchased her interest in the same, and declaring his receipt to be a sufficient authority for the said payments)—in consequence of that ntoice I, afterwards, when I received the half-yearly dividends paid them over to Mr. Luke Addington, who banked at Coutts and Co.'s—I paid them to Messrs. Coutts on his account up to last April—I have the receipts—I do not exactly know when Mr. Addington died, but after his death I paid the dividends to Samuel Addington, his executor—in 1841 the prisoner applied to me for the sale of 300l., a portion of the stock which he represented to have paid on account of the deceased's estate—I took the opinion of my attorney, and afterwards of counsel, as to my right to do so—I afterwards sold as much of the 3,200l. 0s. 6d. as would repay the prisoner the sum he had advanced—that left 2,918l. 4s. 9d., the sum now standing in the Bank books, the half-yearly dividend on which, after the payment of the property tax, was 42l. 9s. 11d.—I received that dividend in April last—on 26th Oct. last I applied for another half-yearly dividend then due, and found it had been paid—I did not sign this "Thomas Rance" to this dividend warrant, nor this "Thomas Rance" to the book—I did not authorize the prisoner or anybody else to go and receive that dividend for me—I did not know it had been received before I went on 26th Oct., and found somebody had been there before me—I never had the probate of my sister's will in my possession—my brother John lived with me at Hatfield Peveril—he was buried at Great Baddow, near Chelmsford—he was then in his sixty-third year—I was at his funeral.
Prisoner. Q. Can you swear you never gave me authority to receive the dividends? A. Never—I did grant you a power of attorney—I have explained the reason why I withdrew it—I believe I wrote to you in 1837, for you and your wife to meet me in London on a certain day—you met me in London, but not on the day appointed, I think—I do not recollect your having some business to transact with a gentleman at the west-end—you promised me that you would not receive the dividends—I cannot recollect which dividend it was you received contrary to your promise, but I think it was the April one—I went down to Enfield a day or two after, and you told me you had taken the dividend—I do recollect the exact words you used—I do not recollect that you told me the reason you received it was because a gentleman came into the City to meet you, your wife, and me; and as I did not come, you settled the account with him—you did not show me the receipt that I recollect—I was angry because you took it—you had had an order from the assignees not to receive it—I had received an order to pay the dividend to assignee under your insolvency—before that time you received the dividends.
SAMUEL WEYMOUTH HOPWOOD. I am a clerk in the office of Messrs. Hopwood and Co., solicitors, of Chancery-lane, who are the solicitors to the executors of Mr. Luke Addington—I produce a deed of assignment, dated 1st Aug. 1838—I am not the attesting witness.
Prisoner. Q. Is that deed signed by myself and Mrs. Phipps? A. I cannot prove that, your names appear there.
am the attesting witness to this deed—I saw it executed by the prisoner Elizabeth Mary, his wife.
Prisoner. Q. Did you hear it read over to me and Mrs. Phipps! A. I cannot remember that—I cannot remember that you made any observation at the time—I cannot remember Mr. Matheson the assignee, or Mr. Lucena, being there present when it was read.
(This being read was a deed, dated 1st Aug., 1838, by which the interest of Elizabeth Mary Phipps in the stock in question, from 10th Oct., 1837, ✗ assigned absolutely to Luke Addington, in consideration of the sum of 298l.
MICHALE WHALE. I am shopman to Mr. Oliver, a boot and shoemaker of 108, Bishopsgate-street without—I have known the prisoner twelve ✗ eighteen months—I learnt from him that he was a saddler and herness maker—I did not know where he liver until this transaction—on 18th Oct. last he came, and purchased a pair of boots at 6s. 3d.—he did not pay for them on that occasion—he came again on the following Thursday, the 21st, and bought two pairs of children's boots at 6s. 0 1/2d. making 12s. 3d.—he said he would pay me, and asked if I could give him change for a 5l. note—I gave him 3l. in gold, and the remainder in silver—he produced a 5l. note—I did not then know his name, and asked him, and he gave me the name of Wilson, of Enfield—this is the note (No. 36682)—the writing, "Wilson, Enfield," on the back of it is my own—I wrote it in the prisoner's presence—I went to Enfield on 29th Oct., in company with the two Forresters, and there saw the prisoner in his shop at work—I recognized him as soon as I saw him, and he did me—I merely paid him the compliments of the morning and he recognized me by the name of Oliver, not knowing that I was not Mr. Oliver—Forrester asked me, in the prisoner's presence, whether that was the gentleman, and I said it was—Forrester said he had called respecting a 5l. note, and asked if he had changed a note lately—he said, "Yes, on last Thursday"—Forrester said, "Do you mean yesterday?"—he said, "No, I mean yesterday week" this being on Friday morning—he said, "Did you change it with the gentleman?" pointing to me—he said, "Yes, I did"—Forrester than asked where he had got the note from—he said he had it of a Mr. Emery—Forrester asked, "Where, at Enfield?"—he said, "No, in the Liverpool-road, Islington—Forrester asked how he came to put the name of Wilson on the back of it—he said Mr. Emery told him to put the name of Wilson on the if he was asked any questions—Forrester said, "You must go along with me to Mr. Emery, and I, the prisoner, and the two Forresters, went to Mr. Emery together.
Prisoner. Q. Will you swear you asked me my name, or the name you should put on the note? A. I asked you what was your name, and when was your address—I swear this is the note you gave me.
DANIEL FORRESTER. I am one of the officers attached to the Mansion-house. On Friday, 29th Oct., I went with my brother and Whale to Enfield and saw the prisoner sitting in his shop there—we went in, and I said to the prisoner, "I come to ask you some questions respecting a 5l. note that you passed about a week since," pointing to Whale—he said, "Yes"—I then said, "Where did you get it?"—he said, "I received it from Mr. Emery at Islington on last Thursday week as a loan"—after a little while he said, "Is that not satisfactory?"—I said, "No, not exactly; your name being Phipps, and you put Wilson on the note"—he said that Mr. Emery told him that he had received it of a person named Wilson—we then proceeded to Mr. Emery's with the prisoner—the prisoner pointed it out, in the Liverpool-road I think—we
found Mr. Emery, and I said to him in the prisoner's presence, "Did you lend the prisoner a 5l. note on last Thursday week?"—he said, "No, never a 5l. note, nor 10s. at one time."
Prisoner. I understand you to say that I said I put any name on the note, now I did not put my name to any note? Witness. I think I said so, but I meant that you gave that name.
JAMES EMERY. I live in the Richmond-road, Islington—I formerly resided at Enfield twenty-two years, and kept a school there—I know the prisoner—I never lent him a 5l. note—I have lent him 2s. or 3s., or a half-crown, but never so much as 10s. at one time—I never told him I had received a 5l. note from Mr. Wilson of Enfield—I never paid him a 5l. note or 5s.
Prisoner. Q. Do you recollect my calling on you on 18th Oct. at your school-room when you were packing up? A. Yes, and you asked me to lend you 30s.—I did not do it—I told you I was expecting to receive a large sum of money—I did not promise to lend you or your wife the 30s.—I never saw you from then till you came to my house in the Richmond-road in custody.
ANN FOSTER. I am the wife of Thomas Foster, a baker, at Enfield—the prisoner has been in the habit of dealing with us for bread—I keep my husband's books, and receive money for him. In Oct. last the prisoner owed us about 14l.—we had made frequent applications to him for payment, but had not been able to obtain it up to 22nd Oct. last—he had only paid 1l. previous to that, and that was to Mr. Foster, not to me—he called on me on 22nd Oct. I think, and said he had come to pay us some money—I am sure it was after 21st—he paid me 3l., he said he did not wish it taken off the bill, as he did not wish his wife to know anything about it—I tore a slip of paper out of the book, and gave him a receipt for the 3l.—he said he had borrowed it—he did not say where—he promised to pay me some more, and I think on the following Tuesday he paid me 50s. more—he did not state where he got that from—he then said, in the presence of myself and husband, that we were not to take it off the bill, as he did not wish his wife to know anything about it.
LOUISA RANCE. I am the daughter of Thomas Rance, of Hatfield Peveril—I generally answer his letters—I have had correspondence of that kind with the prisoner, and have received letters from him, sometimes addressed to me, but generally to my father—by that means I have acquired a perfect knowledge of the general character of his writing—the name "Thomas Rance" on this warrant, and in this receipt-book, (looking at them) to the best of my belief, is the prisoner's writing.
Prisoner. Q. Will you swear positively that is my writing? A. I would not swear to any one's, unless I saw it written.
MR. CLARKSON. Q. Have you had a great many letters from him on your father's account? A. A great many.
STEPHEN LANCASTER LUCENA. I am an attorney at Guildhall-chambers, and at Enfield. In 1838 I prepared this deed that has been put in—I have not had a great deal of correspondence with the prisoner, but I have acquired a knowledge of the character of his writing—I believe the signature to the warrant and in the receipt-book to be his writing.
Prisoner. Q. How long is it since you have seen my writing? A. I think eight years, until the other day—I should not like to swear positively that this is your writing—I believe it to be yours—I do not recollect in 1838 bringing a deed to your house to sign in the presence of Mr. Mattheson and my clerk—I do not remember reading it over to Mrs. Phipps; I may have
done so—I am not prepared to say where it was executed, or whether I was present at its execution—my name is not there as an attesting witness, therefore the presumption is that I was not—I have no recollection of Mrs. Phipps refusing to sign it on finding it was an absolute sale of her life-interest, nor of my taking away the deed and bringing another in ten days, which she signed.
Prisoner. In 1837 I became insolvent, owing to very severe illness of my wife and family, my medical bill being upwards of 200l. Mr. Lucena was employed by the creditors to oppose me in the Insolvent Court, and during the time of my incarceration he went down to Mr. Rance, stating he was a friend of mine, and though he had orders to attend the Court, told him he could transact the business for him without his coming up; after I came out of prison, Mr. Addington pitied my case very much, and lent me 300l. to pay my creditors 10s. in the pound; they all signed the release which Mr. Lucena drew up, except Mrs. Hughes, the creditor for whom he had opposed me, who would be paid in full 100l., which, with 159l., the amount of Mr. Lucena's bill, was paid out of the 300l. advanced by Mr. Addington. Witness. A great part of what the prisoner states is right—it is substantially correct, except as to my going to Mr. Rance—I certainly did go to Mr. Rance, but it was as solicitor to the assignee—I employed Mr. Rance, as the trustee under the will, to pay the money under the estate—I drew up the release by which the prisoner was discharged by his creditors—my bill was 159l., and was paid.
MR. CLARKSON. Q. Is that account (producing one) in the prisoner's writing? A. I should say it was, but I have not seen enough of it to go into general matters of account.
LOUISA RANCE re-examined. This account is in the prisoner's writing—I have seen it in his possession—he showed it to me in Sept. last, when he came down to my father's solicitor—(This was a statement of the account existing between the prisoner and Mr. Addington, containing the payments of the dividends from 5th Sept. 1844, down to 5th April 1847, at which time a balance appeared due to Mr. Addington of 514l. 6s. 3 1/2d.)
(The prisoner, in a very long defence, entered into a detailed account of the circumstances connected with his insolvency, and the assistance rendered him by Mr. Addington, stating that the deed signed by himself and wife was supposed to be merely an assignment of her life-interest to Mr. Addington, and not on absolute sale; and that matters had, up to the present time, remained unsettled between himself and Mr. Addington's executors.)
(Joshua Nunn, leather-cutter, of Enfield, and Samuel Young, gave the prisoner a good character.)
GUILTY. Aged 47—Recommended to mercy by the Jury and Prosecutor. — Transported for Ten Years.
The child being too young to be examined as a witness, the prisoner was ACQUITTED.
MR. BALDWIN conducted the Prosecution.
GUILTY of an Assault. Aged 19.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
SAMUEL ARCHBUTT. I am a solicitor, in King's-road, Chelsea. I left town with my wife and family, on 7th Aug.—I returned in two of three days, and left again on 4th Sept., leaving my servant, Jane West, in charge of the house, and Dignam, my clerk, in charge of my offices—I returned on the 7th and in consequence of a communication from Mr. Kayes, my articled clerk, I examined my premises, and found a drawer, in which I occasionally kept cash, broken open; also my wife's wardrobe, and the toilet-glass drawer—a great quantity of thing were stolen—I had left a good watch-guard chain lying on a shelf in the wardrobe—I do not think it was covered up—I found that Dignam had absconded—he was subsequently taken into custody and prosecuted—I withdrew from that charge, and he was sent to the Sessions on another—whilst he was in prison I received a written communication from him, through the Governor, in consequence of which I had the prisoner and two other persons taken into custody—this is my gold guard-chain—(looking at it)—I know it from the swivel being broken, which was the cause of its being put away.
JANE WEST. I was servant to Mr. Archbutt—he left town on 4th Sept—I had known the prisoner about a month or six weeks previously. On Sunday evening, 5th Sept., he came to the house about six o'clock, and I went out with him, leaving Dignam in charge of the house—I came back before nine—I did not discover that any robbery had taken place until the Monday morning—I did not know what things were in the wardrobe.
Prisoner. Q. On your return home did you notice anything unusual in the behaviour of Dignam? A. No more than he felt very much agitated—you left the house with Dignam, and did not return again.
COURT. Q. The prisoner had never left you during the time you and he were out? A. No, he was with me all the time.
MR. BALLANTINE. Q. Did he come on any other occasion? A. He came several times to see Dignam—I did not see him again until the Monday morning, when I went out, and saw him and Dignam together, in Sloane-street—he did not come to the house at all after the Sunday, that I know of—he left about five or ten minutes past nine on the Sunday, with Dignam—he only staid in the house about five or ten minutes after our return.
Prisoner. Q. Had I any opportunity of obtaining access to the article stolen? A. Not that I am aware of—Dignam could have done so—I have frequently left Dignam in the house while I have been out on errands.
JOHN DIGNAM. I was clerk to Mr. Archbutt. I took charge of the house on Sunday, the 5th Sept.—I went there about six o'clock in the evening—I had previously made an arrangement with Ensor—he told me that he was going to meet some friends down at Westminster, and asked if I would accompany him—I said "Yes," and went with him to the White Horse—I saw his friends there—Ensor proposed that they should come to Mr. Archbutt's house on the next Sunday; that I should come and take care of the house, and he would take the servant out; and while she was gone, they were to
come and rob the house—I went to my master's house on the Sunday—I did not expect that the prisoner's friends were coming; they did come, and they robbed the house—I did not—that was while West and Ensor were gone out—they broke open Mrs. Archbutt's wardrobe—no guard-chain was taken, to my knowledge—West and Ensor came back about ten—I was then in the house—Ensor remained about five minutes, and then he and I both went out together, and walked to Westminster—he left me about eleven that night, and said that he was going back to Mr. Archbutt's residence to sleep—I saw him again on the Monday morning, about nine, or half-past, close against Mr. Archbutt's residence—he told me that West had discovered that all the plate was gone—while we were talking together, we saw West, who told us the loss she had sustained—after the prisoner and I had gone some distance he produced a gold guard-chain, and said that that had been looked over on the Sunday, that he found it in the wardrobe—we went down to Greenwich, and he pledged the chain at Mr. Abethal's there—the prisoner is a private in the East India Company's Artillery—he has enlisted latterly—he had not at the time in question.
JOHN GEORGE PRIOR. I am assistant to Mr. Abethal, a pawnbroker, at Greenwich. This gold guard-chain was pledged on 6th of Sept., for 2l., is the name of Edmund Burke, I believe by the prisoner—he was not in uniform at that time.
Prisoner's Defence. It is perfectly untrue as to my having introduced Dignam to the persons he says I introduced him to; I received the chain from Dignam on the Monday morning; I pledged it at his request, and gave him the proceeds of it.
GUILTY. Aged 18.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
SAMUEL ARCHBUTT. I left my house at intervals, from 7th Aug. till my return on 7th Sept.—when I left on 7th Aug. there was a gold watch, made by Pitt, in an open drawer—I did not miss it till 7th Sept., when I missed the other things—when I came house from time to time, I noticed the state of my bed and night-shirt, and felt certain that a man and woman had been sleeping there—I told West of it—I left her in the house on all the occasions of my absence—I left no man in the house—there were young men in the offices—there is a connection between the offices and the house.
JANE WEST. My master went out of town on the 7th Aug., and left me in charge of the house—the prisoner came on the Friday evening, I think—I do not know whether that was the same evening my master left, I think it was—it was shortly after—I had not known him before—he came round that night after Dignam, about some papers, or something—Dignam first introduced me to him—he did not come to see me after that—I do not say never—he came once or twice, but not often—I slept next to the nursery—that is not my master's bedroom—my master never spoke to me about the sheets of his bed, or his night-gown, or anything of sort.
Prisoner. Q. Did I ever sleep there? A. No—a little girl slept with me in my own bedroom, and that Mr. Archbutt knew.
repaired—I think the maker's name was Pitt, but I am not positive, I did not enter it—I advised that it should not be repaired, and bought it for 35s.—I afterwards sold it with a lot to a Jew named Napthali, and have never ✗een it since—they send them away, and melt them—it was not worth repairing—35s. was its full value as old gold, allowing 2s. for the movement.
MR. ARCHBUTT re-examined. This is my pocket-book—I believe it was safe on 7th Aug.—the watch was not in going order—it had an ordinary vertical movement, and a very plain thin case, which I could bend with my nail—it wound up in the face—I dare say 35s. would be a fair price for the gold—as a watch, it was worth 4l.
Prisoner's Defence. I received the watch from Dignam, in the pocket-book, and I kept possession of the pocket-book afterwards; I did not know at the time that the property was stolen, neither did I the chain.
GUILTY of stealing, but not in the dwelling-house. Aged 18.— Transported for Seven Years more.
THOMAS CALLOW. I am a brass refiner, the prisoner was in my employ for eight or nine months. On 18th Oct. I gave him some money, I cannot say how much, to go to Mr. Plato's in Holborn, for some foundry ashes—he brought me back this bill and receipt, and produced it to me as Mr. Plato's receipt—(read—"To 35 bushels of foundry ashes, at 2s. 6d., 4l. 7s. 6d. 24 pots, at 1d. each, 2s. 1 3/4 cwt. dirty brass dust, at 14s., 17s. 6d., or 19s. 6d. total, 5l. 9s. Settled same time.—J. Wilson.")
JOHN WILSON. I am under foreman and time-keeper to Mr. Plato. There is no other J. Wilson in his employ—this bill was made out by me, and the receipt is also mine—I at first added up the bill, and made it 5l. 9s. but previous to receiving the money I added it up again and made it 5l. 7s., and altered the 9 into 7—since the bill has left my possession the 7 has been erased and a figure like a 9 substituted for it—I received 5l. 6s. from the prisoner—1s. was always allowed him for himself every time he came—he generally took away a load.
THOMAS CALLOW. Last Monday I sent the prisoner to fetch some brass dust from Mr. Plato's—he was to pay for it—he brought back this bill and receipt, and gave it me in the parlour—I said, "I do not like to see bills served in this sort of manner; it seems to me as if some of the figures have been scratched out and altered"—he said it was as the bill was given to him—he gave me the change, charging me 4l. 7s. 6d.
Prisoner. When I brought home the dust it was weighed, and turned out its weight, unless a little might be split; you said it was no doubt the weight. Witness. It weighed 625lbs. with the bags—4lb. a cwt. is generally allowed over, besides the tare of the bags—he charged me for 6 cwt. and 1 qr., and there was only about 6 cwt. good weight.
JOHN WILSON. This bill and receipt was written by me—it originally stood, "6 cwt. dirty brass dust, at 14s., 4l. 4s."—I received four sovereigns a half-crown, and 6d. from the prisoner—the bill has been altered to represent 4l. 7s. 6d., and there is a something between the 6 and the cwt. which may stand for a half or a quarter.
Prisoner. Q. Is that the same bill you delivered to me. A. Yes—any body can see that the figures have been altered.
Prisoner's Defence. It is the same as when I received it from Mr. Wilson it was never out of my hands till I gave it to Mr. Callow, neither did I alter it.
GUILTY. Aged 28.— Confined Eighteen Months.
NEW COURT.—Saturday, November 27, 1847.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY. Aged 21.— Confined Three Months.
GUILTY. Aged 19.— Confined Nine Months.
GUILTY. Aged 17.— Confined Three Months.
GUILTY. Aged 30.— Confined Three Months.
JAMES CHIVERELL pleaded GUILTY. Aged 15.— Confined Three Months.
JOHN MORRIS pleaded GUILTY. Aged 10.— Confined Nine Months.
GUILTY. Aged 26.— Confined Three Months.
GUILTY.— Confined Four Months.
GUILTY. Aged 15.— Confined Three Months.
GUILTY. Aged 15.— Confined Eight Days and Whipped.
WILSON pleaded GUILTY. Aged 21.— Confined Nine Months.
SHIRLEY pleaded GUILTY. Aged 21.— Confined Three Months.
SARAH CLARK. I am single, and live at 1, St. Swithin's-place, Chapman-street, St. George's in the East. I employed the prisoner—I sent her on 29th Sept. with three pairs of trowsers to Mr. Clark, whom I work for—she came back, and said it was too late, that she did not receive either money or work—I went myself next day, and afterwards saw her—she asked me to stop a bit and I should have my trowsers—I went with her to her mother's, and she asked her mother to release them from pawn—I gave her into custody—she had no business to pawn them—these are them.
Prisoner. When I took them I intended to get them out again.
GUILTY. Aged 30.— Confined Three Months.
GUILTY. Aged 44.— Judgment Respited.
The articles being the property of James Gardner, the prisoner was
133. WILLIAM PEYTON , stealing 1440 yards of galloon, 576 yards of webb, and 1/2 a yard of silk twist, value 2l. 15s., the goods of William John Barron, his master; and JOHN IRVING , feloniously receiving the same; to which
PEYTON pleaded GUILTY.
MR. PARNELL conducted the Prosecution.
WILLIAM JOHN BARRON. I am a galloon-manufacturer in Aldermanbury. Peyton was my apprentice between six and seven years, and served in my warehouse—Irving has been in the habit of dealing at my shop for upwards of twelve years, till within the last two or three months—Peyton has frequently served him—I was shown these goods by Mr. Fell—they are mine, and have been stolen—goods of this description were never sold to Irving—he was in the habit of buying boot-laces, which are very different to these—these are galloons—they are worth 4s. a gross.
Cross-examined by MR. METCALF. Q. What did you give him for them? A. 3s. a gross—that is rather lower than the average price.
from Mr. Barron's warehouse, in Aldermanbury, with a parcel to 11, Shapp-street, Pearson-street, Kingsland-road, where Irving lives—he called them on 5th and on 6th Nov.—I took him into custody on 8th Nov.—I went the same day in quest of Irving—he was gone in the country—I found him at Gravesend on the 16th—I jogged him on the arm, and said, "I am a police-constable, your name is Irving, is it not?"—he said, "Irving! no, certainly not—why do you ask me the question?"—I said, "I am positive your name is Irving—do you know William Peyton, a lad of nineteen or twenty?"—he said, "No, I do not; I did know a Sir William Peyton, if that is who you mean"—I said, "No, that is not the person I allude to"—he said, "That is the only one of the name I know"—I said, "Do you know a Mr. Barron?"—he said he never heard the name in his life—I said, "You have sold some property to Mr. Fell that was stolen from Mr. Barron"—he said, "All the property I sold I bought."
IRVING— GUILTY. Aged 65.— Confined One Year.
PEYTON pleaded GUILTY. Aged 19.— Confined One Year.
MR. PARNELL conducted the Prosecution.
WILLIAM JOHN BARRON I have a manufactory at Haggerston, and a ware-house in Aldermanbury—Perkins was a weaver in my employ at Haggerston—he might come to my warehouse in Aldermanbury once or twice in a week, from six till seven o'clock in the evening, to fetch and carry his work—this parcel of goods contains ten gross of galloons and ten gross of web—it is all my property—Perkins could not have bought it at my warehouse—I was not there that morning—he had it from the warehouseman at ten minutes past nine o'clock—Peyton had authority to sell to customers, but not to a work-man.
ROBERT PACKMAN (City policeman, 133.) I went to Haggerston-bridge on 8th Nov.—I saw Peyton come from the factory to the bridge—Perkins met him, and they went to Mr. Barron's warehouse in Aldermanbury—they went in, and I waited outside—in three or four minutes Perkins came out with this bundle under his arm—I followed him to Finsbury-pavement, and asked what he had got—he said some shoe-binding, and he was going to take it to a shoe-maker in Church-street—he could not tell me the name nor the number—I asked where he brought it from—he said, if I looked at the stuff I should see.
Perkins's Defence. I deny saying that I was going to take it to any shoe shop; on Monday evening I met Peyton, and he said, "I am going to have a suit of clothes, could you sell me some work?" I said, "I don't know, I will if I can; at what price?" he said, "The galloons at 4s. a gross, and the web at 1s. 6 1/2d., but don't take less than 3s. 9d. for the galloons, and 1s. 6d. for the web; if you cannot get that, return them to me this evening or the money;" I had not the slightest knowledge of their being stolen.
PERKINS— GUILTY. Aged 30.— Confined one Year.
Prisoner. I know nothing about the spoons.
GUILTY. Aged 30.— Confined Six Months.
(There was another indictment against the prisoner.)
CHARLES WILLIS. I keep the George public-house. On Wednesday evening, 27th Oct., I missed a table—this now produced is it.
Prisoner. I picked the table up in the road.
GUILTY, but not of the previous conviction. Aged 28.—Recommended to mercy by the Prosecutor. — Confined Three Months.
ESTHER SOLOMON. I am the wife of Alexander Solomon, a general dealer, Great Alie-street, Whitechapel. Elizabeth Phillips was in my service for six weeks—I missed a shawl of my own, and a shawl of my daughter's who is nearly twenty-one years old—these now produced are them—I know Mary Phillips by her coming to my place—I gave her some things to wash for me.
JOHN BLAKE (police-sergeant, H 3.) I took Elisabeth Phillips into custody—she said something, but her mistress had said she would not hurt her—I then took Mary Phillips, the mother—she said she did it from distress, but she intended to release them again.
Mary Phillips. I said knew nothing about them, and you said the more the better for me.
ELIZABETH PHILLIPS— GUILTY. Aged 11.— Judgment Respited.
MARY PHILLIPS— GUILTY. Aged 30.— Confined Six Months.
HENRY BREWER. I am a poulterer, in Marylebone-street. Bucking was in my service—on this day fortnight he came to me and said I was wanted—I went and saw a policeman, who took me to the station—another policeman
came in with Bristow, and showed me a fowl which I had lost—the officer then took Bucking into custody, and there was then a second fowl found on Bristow, which was also mine—Bucking had no right to sell my fowls.
CHARLES HAWKES (police-sergeant D 9.) I was duty at seven o'clock in the morning, on 13th Nov., in Marylebone-street. I saw Bucking open the prosecutor's shop door—he beckoned with his head to Bristow, who was near the door, dressed as a cab man—Bucking saw me, and he tried to imitate the beck by yawning—I then saw Bristow go into the shop and come out again with his hand in his pocket—I gave him to an officer—he produced one fowl, stating that if he would let him go, he would give the fowl up—another fowl was afterwards found on him—these are them.
BUCKING— GUILTY. Aged 19.
BRISTOW— GUILTY. Aged 21.
Confined Nine Months.
GEORGE ATKINS MILLS. I have one partner—we live at Northumberland-wharf. The prisoner was in our employ as a coal-porter—I charged him with taking some rope in a sack—he said he had taken it, and sold it to Mr. Griffiths—I went there, and saw it, and gave the prisoner into custody—this is the rope—(produced)—I know it is mine—it came off my wharf.
Prisoner. I took it off the wharf, but it was allowed to six of us; the ships come with coals, and we picked this out; a man who works with us took the 2s., and we had 3d. a piece; I did not think it was any harm.
GUILTY. Aged 23.—Recommended to mercy by the Prosecutor. — Confined Fourteen Days.
RICHARD HARVEY. I live at and manage the Duke of Lancaster public-house, for Mr. Viney. The prisoner was in my service about three months, and up to this time I had no reason to suspect her—I found some person was robbing me from the till—I placed certain sums in the till, and found a deficiency—the money was my own—I had an interview with an officer, and I marked six sixpences and one shilling, which I gave to him, with instructions to purchase certain articles—the next morning, 15th Nov., I came down, at half-past eight o'clock, expecting to find the money in the till—I only found three sixpences, one shilling, and a four-penny-piece—I went into the bar parlour, and said to the prisoner, "I have reason to suspect you have been robbing the till for some time"—she called me a vagabond—the policeman came in, and I said to her, "Have you seen this gentleman before?"—she admitted she had—the policeman then asked her if she had any money, and she pulled two marked sixpences out of her pocket—I gave her in charge, went up stairs, and found other money.
JURY. Q. Had you paid her any wages during the time she was with you? A. Her mother resided in my house, and she agreed to allow her money during the time she was learning to be a bar-mind.
Prisoner. There was a goose-club in the house, and I was to receive the money for it, 8d. a week; I had to pay it to Mr. Harvey, and when I paid
him small money or halfpence, he has asked me why I did not put that into the till, and give him large money. Witness. No, that has not been the case.
WILLIAM EDWARD BALL (policeman, N 365.) I received from Mr. Harvey six sixpences and one shilling—I sent the whole of them in by another officer, about eight o'clock in the morning; he parted with five of the sixpences and the shilling—I sent a stranger in afterwards with one sixpence, and 3d. in halfpence—I afterwards went in, and two of the sixpences were in the prisoner's pocket—she said they were two sixpences she had taken for a shilling for the goose club, and the she begged her master to forgive her.
RICHARD HARVEY. On Thursday, 11th Nov., I had an interview with the officer—I gave him some money, with certain arrangements—I was to come down the next morning, by a signal, at half-past eight o'clock, and come to the till—I came, and found, instead of 4s., only 3s. 6d.—one sixpence, which had been marked, was missing—we were just sitting down to breakfast, and I said to the prisoner, "Have you any money of the goose-club?"—she said, "Yes, up stairs"—I told her to fetch it down, and she came and laid the marked sixpence, and some other money, on the table.
STEPHEN JOSHUA HOLLOWAY. I am a tailor, at Knightsbridge. On the evening of 14th Oct. the prisoner case to my shop, about half-past nine o'clock, for some work—I was engaged in the cutting-room—she advanced three-parts down the shop, she retreated a little, and went to a side counter, where there was a long brass rod, with about twenty pieces of waistcoating on it—I went on the opposite side of the cutting-room, and by the reflection of a looking-glass I saw her distinctly take a piece of waistcoating from the bar, and put it under her arm—she came into the middle of the shop directly—I went to let a gentleman out, and the prisoner walked back to the cutting-room—I asked her to step up stairs—my wife went up before her, and I after her—when she got within four steps of the top, she stopped, and laid down the waistcoat-piece on the stairs—I said, "You brought it from the brass rod thus far, you might as well have taken it all the way"—she said, "Me, sir?"—I said, "Yes, I saw you take it"—my wife said, "Yes, I saw her too"—I said to a female, "Get a policeman;" but I told her not to get one—I gave her into custody afterwards.
Cross-examined by MR. PAYNE. Q. What do you call this? A. It is composed of silk and wool—it is called Thibet—the prisoner knew there was a looking-glass in the place.
cloth, and when I came down to the cutting-room with the prisoner, when I had detected her in taking this waistcoat, I said, "Mrs. Grey, you have robbed me bitterly; you have been with me eleven months; it was only the other night you took a piece of blue cloth off my shelf; you are the only person that was left there, and it must be yourself, and the next morning the cloth was gone; on account of your robbing me so bitterly I shall give you into custody"—she said, "Pray do not; have mercy on me; I have been a respectable person"—I said, "I have always thought you were; you were the last person I should have suspected"—she then said, "I will tell you all if you do not give me into custody"—I said, "You have no occasion to tell me; I have lost from twenty-five to thirty waistcoat-pieces"—she said, "If you have lost that quantity, there are others stealing them besides me"—she then said, "If you will not give me into custody I will tell you all"—I said nothing, but waited for her reply—she then said she had stolen the blue cloth and three waistcoat-pieces, and that present one was the fourth—she said, "I assure you, Sir, that is all I have taken"—after some little consideration I said to her, "What have you done with the three waistcoat-pieces?"—she said, "I have made them up; the blue cloth I have got at home"—I said, "If I go with you will you give me the blue cloth?"—she said, "I will"—I said, "You are sure you have not pawned it?"—she said she had not—I said, "Do not make a fool of me and I will go"—it was then half-past ten o'clock at night—she took me to a house in Gloucester-place, Kensington, and she rang her aunt out of bed—I said to her, "Have you not got the key?"—she said, "No"—a female then put her head out of window, and the prisoner said, "Get a light and come down"—she did so, and let us into a back room—the prisoner then said, "Mr. Holloway accuses me of robbing him, and he says this house is full of stolen goods"—I said, "I said no such thing; I came for the blue cloth"—the prisoner then denied that she ever took the blue cloth or the waistcoat-pieces, or committed any robbery—I said I should look in her boxes—I said, "Where are her boxes"—they took me up stairs and showed me one—I looked in that for the cloth, but could not find it—we came down, and then I could not get out, the door was fastened—a woman up stairs got the key and let me out—there was a policeman outside.
Cross-examined by MR. PAYNE. Q. Was there not a policeman at the door when you went in? A. No—the prisoner ran away, when the person in the house got a key and opened the street door—the prisoner's aunt offered me a sovereign, and said she would give it me if I would let her off, and I should have the blue cloth in the morning—I said, if they did not produce the blue cloth by ten o'clock in the morning—I would prosecute—if she had sent my property I should not have prosecuted—I found her in some person's employ a month afterwards, and took her—I had six or seven men in my employ—I did not accuse any of them of taking the blue cloth—I had not the cloth above five or six hours before the prisoner took it.
Prisoner. He accused a man who was in his employ, and discharged him. Witness. I did not—I have every man now at work for me that was there when the cloth was stolen.
ELIZABETH COCKS. I am in the prosecutor's service. I heard the prisoner say, "Mr. Holloway, all I have taken is the blue cloth and three waistcoat-pieces; the one I have taken to-night makes the fourth"—she said, "Pray do not take me in charge, I will return you the blue cloth and make you amends"—she said that three or four times.
Cross-examined. Q. He sent you for a policeman, and told you not to bring one? A. Yes—I am his niece, but I live in the office of a servant.
GUILTY. Aged 28.— Confined Four Months.
JOSEPH PUDDIFORD (policeman, K 276.) On the evening of 18th Nov. I saw the prisoner going to a marine store shop in Penny Fields, Poplar, with a bundle under his arm—I took him into custody, and found he had this iron—I asked how he got it—he said he found it on the shore about a fortnight ago.
OSCAR THORPE. I am foreman of the iron ship-building department of Messrs. Money Wigram and others—I can swear to this one piece of iron as their property—this could not have got on shore—it was fifty yards from the shore, in a dry dock—the prisoner was in our employ, and has been a hardworking, industrious man.
Prisoner's Defence. I found it on the shore; I worked all day without food, and I took it to get a loaf of bread.
WILLIAM COX. I am a shoemaker, in Globe-place, Chelsea. I received information, went to Mr. Brooks, a pawnbroker, and there found this pair of boots—I know them to be mine—I could not miss them, and I could not say whether I had sold them—the prisoner was my journeyman—I went back and told him if he would give me the duplicate I would get the boots out, and there should be no further bother—he denied it.
ADOLPHUS BRADFORD. I am apprentice to Mr. Cox. On Friday night I was looking for lasts—I saw the prisoner's coat drop, and under the coat was the duplicate of these boots, pawned at Mr. Brooks'—I do not know whether the duplicate fell from the coat-pocket.
(The prisoner received a good character.)
GUILTY. Aged 17.— Confined Six Days.
(The prosecutor engaged to employ him again.)
JOHN PERRIE. I am a carpenter, in the employ of Thomas Mills—the prisoner was in his service. On 26th Aug. I received information, and missed a piece of lead, about 25lbs. weight—this is it—I am sure it is my master's by the marks on it—I had seen it safe on the day before, when it was taken up from the foundation with four other pieces—this was the largest piece of the five.
Cross-examined by MR. PRENDERGAST. Q. Is there any mark on this piece? A. Yes, where I stuck the pickaxe in it when we were taking down a building.
WILLIAM LAMB. I live in New-street, and am a carpenter—I was at Mr. Mills's shop on 26th Aug. I saw the prisoner come into the yard with his jacket and some pieces of board—I saw him place his jacket near this lead—he took his jacket away with something heavy in it, and put it in the truck—I told Lacey.
Cross-examined. Q. What became of the prisoner? A. He came outside the shop-door—I was in hopes I should see a policeman, but none passed; he began crying, and said if I said anything about it I should be the ruin of himself and his family; he then made his escape, and I could not prevent him.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy by the Jury. — Confined One Month.
MR. PRENDERGAST conducted the Prosecution.
JOHN SMITH. I am in the employ of Mr. Joseph Hornby Baxendale and others—the prisoner was in their employ—it was his duty to carry out goods, receive the money for the carriage of goods, and pay it to me—he did not pay me 2l. 14s. 5d. on 28th Aug., from Leaf and Co.
Cross-examined by MR. HORRY. Q. Are you authorized to receive money from all the porters? A. Yes, forty or fifty payments are made to me in a day; I received about that number that day—I receive the payments up stairs—the books and money pass up a pipe—I do not see the carman—the clerk casts up the carman's book below, and the carman puts his money in a bowl, which I work up by a pulley—there is the carman's name with it.
MR. PRENDERGAST. Q. Have you received that sum of money of say one? A. No—the prisoner went away after that—I never saw him afterwards—on 25th Aug. he went out with these goods, to deliver them at Leaf and Cole's—he came back near the premises on the following day, but I did not see him myself—I should have seen him after that if he had been in his duty—he went away without giving me notice.
MR. HORRY. Q. Do you know that a short time before he had been discharged without notice for contradicting one of the customers, and was away for three weeks? A. I was not aware of it.
EDWARD STEPHENSON. I live at Messrs. Leaf and Cole's, 39, Old-change. On 25th Aug., thirteen or fourteen packages were delivered there—I paid the person who brought them 2l. 14s. 5d.—this is the bill and receipt—I do not know who brought them.
Cross-examined. Q. How often have you seen him write? A. Not more than once or twice—once, perhaps, five months back, and once about a month after—I have the book here in which he wrote.
Cross-examined. Q. This bill was pinned in the carman's book, and left in the office? A. Yes—I cannot tell who took that book away?
WILLIAM WADSWORTH. On 25th Aug. I went to deliver thirteen or fourteen packages at Leaf and Co.'s—the prisoner went with me—he had the book, and took the bill in—I delivered the goods off the van, and left him in charge of them.
COURT. Q. Is this receipt your writing? A. No—it is not my business to take money.
Cross-examined. Q. How many times that day did you go out with the prisoner? A. I am not certain—I do not remember the foreman telling the prisoner that he had made a mistake and delivered a parcel at the wrong place—I heard the prisoner say something about it—I was forced on one occasion to have another man to go out with me, in consequence of the prisoner not going—I cannot say whether that was the time I went to Leaf's.
MR. PRENDERGAST. Q. Do you remember delivering these packages at Leaf's? A. Yes—the prisoner was with me then—he went with that load.
(The prisoner received a good character.)
GUILTY. Aged 34.— Confined Three Months.
Lewis. She is a convicted thief; she was here for pot-stealing, twelve months ago. Witness. It is false.
Lewis's Defence. I went home with a young man—he gave me these two sheets till he had got money, and he gave me the knife to eat bread and pork.
Brown's Defence. I was tipsy, and this woman gave me the sheets to put in my apron.
BROWN— GUILTY. Aged 40.
LEWIS— GUILTY. Aged 32.
Confined Three Months.
THIRD COURT.—Saturday, November 27th, 1847.
me to a person named Drew, of Back-street, Bristol, who he said he had been with two years—the reference was written for by my agent—I received an answer from Drew by post; but in three or four days my letter was returned, as Mr. Drew was not to be found—I do not know where the letter came from, as the envelope was destroyed, and I had no other means of ascertaining—the prisoner gave me another reference which I did not apply for, but took him into my service in consequence of the letter I had received—he came on Friday, Oct. 22nd, about the middle of the day—he stopped all day, and slept there—he went out next morning and did not come back—I never saw him again till he was in custody—after he was gone, I missed about fifty silk handkerchiefs, worth from 5l. to 6l., from a drawer in the shop, which was not locked—I have not found them since—I was not aware at the time I took him that the letter had not found Bristol.
Cross-examined by MR. ROBINSON. Q. When did you see the handkerchiefs safe? A. About the middle of the day before—they were bandannas—I have no partner.
JOHN BILL. I live in Leather-lane. On 22nd Oct. I was in Mr. Sander's employ—the prisoner came about twelve o'clock—I was there the rest of the day—I slept in the same room with him—next morning, when we were dressing the shop, he asked me where the bandannas were kept—I showed him—he could not want to know that to put some out, as we had quite finished dressing the shop—I left him near the drawer; in about five minutes he came to me and asked me the way to the Post-office—he did not go then, but returned to the part of the shop where the bandannas were—in about five minutes he came and told me he was going to the post, went out, and did not return—about half-an-hour afterwards Mr. Sander opened the drawer, and asked me where the bandannas were—I went to the drawer; a quantity were missing—I afterwards saw the prisoner in Cheapside, and asked him how he was getting on; he pretended not to know me, and asked where he had seen me—I gave him in charge.
Cross-examined. Q. Was not that three weeks afterwards? A. I believe it was on 15th Nov.—I told him my name and where I lived—he did not say anything to that—I am out of employ now—I have left Mr. Sander since—I stated before the Grand Jury, that after speaking to me the prisoner went round to the drawer where the bandannas were—I am not certain that I said it before the Magistrate—there was not a bandanna on the counter that had to be put away—there had been no customers served that morning at the counter where the bandannas were kept—there is a counter on each side of the shop—there was another shopman and a boy besides me—we did occasionally serve bandannas on both counters.
Cross-examined. Q. He denied having taken the things? A. Yes.
MR. MELLOR conducted the Prosecution.
being put into my house at Enfield—10l. 18s. was the sum sued for, as the amount of the debt. On 26th Oct. the prisoner was left in possession by the Sheriff—he solicited me to pay him that night—I said I should like to have my solicitor's advice as it was an undue demand, or else I would pay it under a promise—he said if I paid him I should save 2l. expenses—I paid him on 27th, at a few minutes to twelve o'clock, my wife was present—he demanded 13l. 10s., the amount of the debt and costs—I paid him a 10d. note, and 3l. 10s. in gold, for which he gave me this receipt (produced)—I endorsed my name on the note, but cannot tell the number of it as I had 200l. in notes, in my pocket-book—I had been receiving several sums for professional business, during the last Session of Parliament, and some was money which I had lent and which was repaid me—the principal part of it I had received from the London and Birmingham railway, and a check and bill for 195l. odd from a Parliamentary solicitor for one of their bills—it was chiefly from the London and Birmingham Railway—I had given Mrs. Ryan three 5l. notes, at the breakfast-table, about nine o'clock in the morning—shortly after I paid the prisoner, my wife left the room—she was present and saw me pay him—she sat on his right hand, close to him—I read the receipt aloud and put it in my pocket—she left the room five or six minutes after I paid him, and he left almost immediately—about twenty minutes or half-an-hour after he left I received a communication from my wife—I saw the prisoner leaving my premises, going down the road with a person, but whether a companion or a casual passer-by I do not know; I thought he was a companion—he had a snuff-coloured coat on—he was 400 or 500 yards from me—I went out and walked by the brook, the opposite way to the prisoner—I had been out about a quarter of an hour, or twenty minutes after he had left, when my servant came and told me her mistress wanted me—I came up with the prisoner about a mile from where I had last seen him—he had asked me the nearest way to the railway station, but I found him a mile on the contrary road, near the Black Horse, that was nearer London—he wanted to get to London, but going away from London would be shortening the distance, as there was a station a mile and a half nearer that way—a policeman took him in charge—I found next morning, before the Magistrate, that the numbers of eight 10l. notes in my pocket-book ran consecutively except three.
Cross-examined by MR. BALLANTINE. Q. Did you produce the other notes before the Magistrate? A. Yes—the policeman saw them, and the numbers were taken then—I had not taken the numbers—part of the money I had received for a couple of bills which I had discounted—one was a 50l., and the other a 25l. bill, which I had been paid—I do a little business in that way—the prisoner did not have to give me any change—I showed him out at the front door, and in about three minutes saw him with another person—I only went out to direct him, and to have a cigar—the person came towards him, and turned back with him—I did not see him coming towards him, but should say he must have done so—it was a hazy morning—they seemed to me to be talking together, and appeared to be companions in every sense of the word—the original sum on which the action was brought was 3l. 15s.—the attorney's name was key—he sued for 7l. 10l.—those were costs—I did not petition the Court of Bankruptcy—he took me there—I swore there that I had lost 165l. some two years before—I did not give that as a reason for not paying the debt—the Commissioner said it was a gross case of injustice to swell up the case to such large costs—I had lived in a man's house, and had gone to great expense in it, and wished to remain there if he would put proper fastenings
to my lower windows—he would not, and I said I would leave at a day's notice—I had entered a quarter—he came the following night, and demanded three month's rent, or three months' notice—I would not pay it—I said I would pay Mr. Clarke, who was outside—the man said it was all right, and next day sent me a copy of a writ—I lost 165l. in notes paid me by Parker and Lesil—they were all stopped at the Bank—I did not make a complaint before a Magistrate, as I did not suspect anybody—the prisoner had come to the house, at twelve o'clock the day before, with another person, who went away, leaving the prisoner there—I did not tell the prisoner to run after him, and tell him to come back—I told the prisoner I should not feed him, and he went out after the other—I bolted the kitchen door, and would not let him in—he was out till seven o'clock at night—I then took compassion on him, and let him in—this debt has been due since 1845—the Commissioner of Bankruptcy said it was a gross case, but if I was able to pay it I must—I said I was able—he said that when Parliament opened I was to pay him 1l. a week—I did not pay it—twelve months have elapsed since then—I have not paid him a farthing, and did not intend until I had got credit for the former execution—it was a matter of disputed account—I had paid 10l. to stay proceedings.
ANN RYAN. I am the wife of last witness. On 27th Oct., about nine o'clock in the morning, he gave me three 5l. notes—I wrapped them in a piece of paper, and put them into my pocket—I remained in the parlour until about a little before twelve, when the prisoner was paid—I saw Mr. Ryan pay him a 10l. note and some gold—he said, "There is a 10l. note, and the rest I will give you in gold"—I did not notice the amount of the gold—the prisoner did not give any change—Mr. Ryan put his name on the back of the note—I saw a receipt written, and given to Mr. Ryan; and immediately after that I asked Mr. Ryan to lend me his pencil, to take the numbers of my notes—I took them out of my pocket, went into the other parlour, and made this memorandum (produced)—the numbers were 3871, 3872, and 3873—I took up a piece of paper, rolled the notes up in it, then went into the other parlour, and returned Mr. Ryan his pencil—my baby screamed, and I threw the notes down on the breakfast-table, carelessly, and went to see what was the matter—I returned in a about a quarter of an hour, and Mr. Ryan was the gone, and the notes were not on the table—the breakfast had been cleared away some time when I threw them there—I sent the servant after Mr. Ryan—in about a quarter of an hour I saw him, and communicated my loss to him—these three notes are mine (produced)—the night before the prisoner ordered some food of a person passing by, and rang the bell—Mr. Ryan went out immediately, and asked if he had money to pay for what he had ordered—he said he had not a farthing in the world.
Cross-examined. Q. How many servants do you keep? A. Only one—I sent her for my husband immediately after asking her if she had taken the notes—I have been married long enough to have had six children, I take charge of them myself—I have lived with my husband all the time—the notes were safe at twelve o'clock—I thought of taking the numbers when I received them, and asked my servant to bring me a pencil, but she could not find one—I left the notes on the table of the room the prisoner was in—the folding-doors between the parlours were open.
JOHN LOGSDAIL. (policeman, N 136.) I took the prisoner on Wednesday at one o'clock, about a mile from Mr. Ryan's—I said he was charged with stealing three 5l. notes—he put his hand in his pocket, and said, "I received
them from Mr. Ryan, and have given a receipt for them; he gave them to me; these are them" (produced)—I took him to the house, searched him, and found 8d. in his pocket, in a memorandum-book—these are the papers the notes were wrapped up in (produced)—Mr. Ryan gave them to me—it is not impossible that the prisoner threw them away while with me—I do not believe he did—I do not think it was raining then, but I think it had been.
GEORGE RYAN re-examined. These papers are extracts from a book which I had been writing—I found them on the grass in the road, 700 or 800 yards from my house, after the prisoner was taken—my doctor was with me—they were in the direction in which the prisoner had gone, and in which he was brought back—I only know the notes by the numbers—I did not know the prisoner before.
MR. BALLANTINE called
LAURENCE LEVY. I have been a Sheriff a officer twenty-five years, and have known the prisoner about twelve months; he always bore the best of characters—since he has been bailed I have put him into a very large house—I never found him a shilling wrong.
Cross-examined. Q. Are you acquainted with his writing? A. Yes, I have seen him write repeatedly—(looking at the receipt)—I should be very sorry to say this is his writing—I do not think it is his.
MR. BALLANTINE to LAURENCE LEVY. Q. How much would the prisoner have been bound to levy for the amount of execution? A. 10l. 18s., and 21s. for the writ—17s. Sheriff's poundage, levy-fee, 5s.—mileage, 7s.—(I should have charged 10s.)—discharge fee, 4s. 6d., and 2l. 2s. provision-money, as he had no victuals—I should have put it down 14l. 10s. 6d., which he would have to receive, and more, if I had made the account out.
MR. MELLER. Q. Was he the person to make out the account? A. No, he had no right—it was not against the duties of his office to receive this money—(looking at another paper)—I cannot swear this 13l. 10s. in pencil is the prisoner's writing—it is half robbed out—it was not admitted before the Magistrate that I am aware of—I think there was a receipt put in—I will not swear this is it—I do not remember the amount of it, or the amount stated—I know Mr. Ryan stated that he had given him 13l. 10s.—the prisoner admitted giving a receipt—I was the officer, and made him my deputy.
MR. BALLANTINE. Q. You say you should have returned it at a larger sum, was it counted up for you by Mr. Hemp, your brother officer? A. Yes—I should have charged 10s. mileage, and 2s. 6d. the warrant, which would have made it 15l.—and if he had brought any less he would have had to make it up to me—I received no money from him.
ALFRED MORRIS. I am an apprentice belonging to the barque Diadem, lying in the St. Katharine's Docks—on 10th Nov., about twelve o'clock, I was on board, and saw the prisoner on board the Spisesse, the next vessel astern of us—he unfastened a rope from another ship, coiled it up, and threw
it under the head-board, and covered it up—he then went on board the Spisesse again, and threw another coil under the hatches of a small lighter—my master went on board the Spisesse
Cross-examined by MR. O'BRIEN. Q. Was the rope fastened to your vessel? A. No—it went from the Spisesse. to another vessel.
WILLIAM HARDY. I belong to the Diadem—I went with the mate into the prosecutor's barge—the mate found one coil under the head-board, and another under the hatches—I know this rope well—(produced)—it belongs to the Spisesse—I had it in my hand the same morning—I saw this piece spliced on to it—Jemima Suckling is sole owner of the Spisesse, and William Boult the captain.
Cross-examined. Q. Do you know the name of the other boat the rope extended to? A. I did not take notice—it was cast off when I went—this rope is nearly worn through, half-a yard from one of the ends—I know the other by its being half-an inch thinner than the other, and by seeing it spliced—the mate and his boys had the care of the ropes—the mate would have to make them good, but he is discharged—there was only me and the mate there.
GUILTY. Aged 34.— Confined Three Months.
JOSEPH HARPER. I am a master shipwright, and live in Burr-street—the prisoner was in my employ, to collect money for me—he should give me an account of it every Saturday night, and give me the money, and I used to sign a book—he never accounted to me for 2l. or 2l. 8s., received of Mr. Ewer.
Cross-examined by MR. ROBINSON. Q. Was it his duty to pay you as soon as he received it? A. Not always—I balanced the book on Saturday night—Ewer is a weekly customer, but sometimes he does not pay for three or six months—he did not generally pay weekly—this took place two and a half years ago.
JOHN EWER. I am a ship-joiner, and dealt with Mr. Harper for timber—the prisoner came backwards and forwards on Saturday for money, on or about 4th May, 1845—I paid him 2l.—I do not recollect the day of the week—it was generally Saturday—on 24th May, 1845, I paid him the full amount of the bill, 2l. 8s.—to the best of my recollection it was two sovereigns and the rest in silver—he wrote this receipt in my presence (produced.)
Cross-examined. Q. Do you remember going with the prisoner to Mr. Harper on Saturday night, and paying him some money afterwards? A. No.
JOSEPH HARPER, Jun. I am son of the prosecutor—the prisoner was in our employ in May, 1845—he left in Aug.—a book was kept for him to enter his money in—either I or my father went over the account every week—there is no entry in this book of 2l. or 2l. 8s. since the 1st May—he never paid me those sums—I found out they had not been paid a month, or six weeks after he left—I did not know where he was gone—I found him in Nov., 1845; took a copy of the bill to him, and asked if he knew anything about it—he said he had never received the money—I afterwards asked him to give me the money, and there would be nothing further done in it—he said he could not give it me then, but would in a week, on a certain day; he did not fix any place—I went to where he lived on that day, but he was gone and his things and all.
Cross-examined. Q. How many times have you seen him since he left? A. Several times, but only once since I found this transaction out—he has not been constantly to my house, or I to his—I threatened in November to take him up unless he paid the money—he acknowledged it when I showed him the receipt—the entries in this book are in his writing—there are no entries of mine while he was in the employ—if he paid me money I should not make the entry under any circumstances—I do not know that he has been living in the neighbourhood of the docks since—I have been about there, I have never been anywhere else—there was three or four day's salary owing to him—it was not arranged that that should go in part liquidation of this debt.
MR. ROBINSON called
WILLIAM COTTON. I am a dealer in coals and wood at Northampton-street, Cambridge-road—I have known the prisoner thirteen months—he is an industrious honest man—I met him one day in Tower-street, two months ago' he pointed and said, "There is Mr. Harper, my late master, looking at me"—he saw his master turn round—we did not stand still, only looked round and walked on the contrary way to that which his master was going—I only saw his master once—(The witness was unable to point out Mr. Harper in Court.)
(The prisoner received a good character.)
MR. PAYNE conducted the Prosecution.
HARRIETT MASKEY. I am wife of William Maskey of Prospect-house, Hornsey-road. On 8th Nov. I paid the prisoner 7l., on account of Mr. Hutley his master—this is his receipt (produced)—I saw him write this "by cash 7l."
Cross-examined by MR. PARNELL. Q. What time was it? A. From six to seven in the evening, to the best of my recollection—I was in the habit of paying him—I gave him an order on this occasion for half a firkin of Dutch butter, but it did not come—he was quite sober.
RICHARD SIMMONDS. I am a general shopkeeper at 22, Park-street, Russell-square, and deal with Mr. Hutley—on 8th Nov. I paid the prisoner 2l. 5s. 11d.—he gave me this receipt (produced—read—"Settled, Nov.8, A. Muggeridge.")
Cross-examined. Q. What time was it? A. Between ten and eleven in the evening—I thought he had had a drop of drink—he was capable of taking his money—I had known him as collecting-clerk in another situation, when he used to come to me—I have paid him a good deal of money—I have never been in a case against him before—I gave him an order on this evening for some butter, cheese, and bacon—they did not come.
Cross-examined. Q. What time was it? A. About half-past eight—he did not appear to have been drinking much—I did not give him an order, but promised him one on the following Monday—I knew him in his previous
situation, and had a good opinion of him—he carried our cutom to Mr. Hutley partially.
WILLIAM WILLEY. I am cashier to Mr. Hutley—the prisoner's duty was to collect money on one day, and pay it in on the following morning—if he received 20l. 19s. on 8th November, it would be his duty to pay it me on the following morning—on the Tuesday morning, about half-past eight, I asked if he had any money; he said, "No"—I keep a book, which he signs when the entries are made—I did not see the prisoner there again.
Cross-examined. Q. How old are you? A. Fifteen—I have been cashier to Mr. Hutley about twelve months—it is my duty to take orders—the prisoner gave me no orders on this Tuesday morning—I did not see him till a quarter past eight that morning—I did not see him come in—I was there at seven—he would have to come through the counting-house where I sit—I should have seen him if he had been there before a quarter past eight—his time to come was seven, if he had nothing to do before he came—I do not know whether he takes a list out collecting—we have a clerk named Jessy Joy—I do not know whether he made out a list of the places the prisoner was to call at—when I first saw the prisoner that morning, he was in the counting-house—he had not his hat on—directly he had seen me, he passed with his hat in his hand, going out—I did not know where he was going—there was some butter to be averaged that morning—it was his duty to average it—it has not happened that he has delayed paying me his money when butter was to be averaged—I have not noticed that he has occasionally neglected to pay it—there are other collecting-clerks—it has not happened that they have put off paying till the afternoon, I swear that—it has happened once that they balanced with Mr. Hutley himself, but it is not the rule—I do not know that some conversation passed between the prisoners and Mr. Hutley before he went on the Monday, about the list he had got—I did not see the prisoner come back on that Tuesday—I did not see him again till I saw him at Bow-street—averaging butter, is finding out how much the butter has lost on its voyage—I do not know that an account came to us for some butter that was averaged on Tuesday morning—I could tell whether the prisoner averaged any, by referring to my book, but it is not here—I know there was some to be averaged, but cannot say whether it was done.
COURT. Q. Are other people engaged in averaging butter? A. Yes—there was not such a hurry to average the butter, that he would not have time to pay me—he has been about four months in the service, and had always accounted to me in the morning.
MR. PARNELL. Q. Was there a particular time to average butter? A. No—I have averaged it myself at all times of the day—I only saw him for a few minutes that morning, just as he passed—I said, "Have you any money?" he said, "No".
Cross-examined. Q. Do you remember a conversation with him before he went out collecting on the Monday? A. Yes—he had a list which contained the names of Mrs. Maskey, Mr. Simmonds, and Mr. Durbridge, to the best of my recollection—very likely I pointed to Durbridge's name, and said, "Do you think Durbridge's is good money?"—he may have said he thought it was, because he had got an independency—I did not see him again after that conversation—butter was averaged on the Tuesday morning—he may have accounted to me in one instance, but it was not the general way—collectors
do not put off accounting for an hour or two, to my knowledge, when they are going out—I have convicted three of my collectors, I transported the last—I have not received any of this money, but 13l. 2s. 6d. has been paid to the policeman; I do not know whether that was any part of this, as after the prisoner left my house he went to Mr. Pinder's, and collected 10l., and then went and averaged the butter.
MR. PAYNE. Q. Did you ever charge one that was not guilty? A. No; there was no reason to suppose that Mr. Durbridge could not pay—this is the prisoner's writing to Mr. Durbridge's account.
FRANCIS MORRIS (policeman, 70.) I found the prisoner at Wandsworth Police-court, on 12th Nov., making a charged against some person—I do not know what name he was going by—he gave his proper name to me—I told Mr. Cottingham he was charged with embezzling several sums of money, and mentioned the amount—the prisoner said, "It is not so much as that; I never meant to keep the money"—I took him in charge.
Cross-examined. Q. When did you first go there? A. On Wednesday, the 10th, I think—I heard he was in custody, and was to be there on Friday—I went on Friday, and saw two women in custody, who were charged with robbing the prisoner on the Tuesday night, at twelve o'clock, in a house of ill-fame, in the Waterloo-road—his deposition was taken—the women have been committed for trial to the Surrey Sessions—some money was produced by an officer—I do not know whether Muggeridge was brought from the Infirmary—I heard that be had been brought to the Court in custody, and that he had been in Horsemonger-lane for refusing to give an account of himself, and threatening to destroy himself.
MR. PARNELL called
ADELAIDE JEFFERIES. I am servant to Mrs. Merritt, of 32, Commercial-road. The prisoner lived there—he generally came home about eleven o'clock at night—I expected him at that time on this Monday evening—I was up till twelve o'clock, he had not come in then—I left Mrs. Muggeridge waiting for him—I did not hear him come home—at a little past seven next morning, I was cleaning the step, and he was going out and spoke to me—he was very tipsy indeed, he could scarcely walk—he came home again about twelve o'clock that day, he appeared very tipsy then—I think he went to sleep in a chair—he seemed rather poorly—he had some tea—I do not know that any vinegar was made use of—I saw him go out at five o'clock, he was quite tipsy then—I had never seen him so bad as that before—I did not see him again till I saw him at Clerkenwell prison on the Saturday.
Cross-examined by MR. PAYNE. Q. How long have you lived there? A. More than four months, but I have lived with Mrs. Merritt more than two years—the prisoner was so drunk at seven o'clock in the morning that everybody could see he could hardly stand—if he went to his master's everybody could see that he was drunk—I did not tell Mrs. Muggeridge it was a pity he should be let go out by himself—I did not tell her he was tipsy, she knew it, as he slept with her.
ANN MERRITT. I keep a lodging-house in the Commercial-road—the prisoner and his wife lived there—on the evening in question Mrs. Muggeridge came into the same room where I slept, and asked me to allow her to sit there—she sat with me till two o'clock, we then both went to bed—the prisoner had not then come home—his time generally was eleven o'clock, but he was generally late on Monday—I went to sleep about three o'clock—I am sure he had not come in then, because I was listening—I next saw him
between eleven and twelve o'clock on Tuesday—he came in very intoxicated—he knew me—he did not walk steadily—he threw himself into the armchair, and wanted some gin directly—his wife would not let him have it—I waited with them a quarter of an hour—I went in and out—he was not able to take care of himself—he had some beer, as he would not go out unless his wife let him have it—I saw his wife give him a glass and a half of vinegar to sober him, about four o'clock—he went out about five—I did not see him again till I saw him in the Infirmary at Horsemonger-lane prison, under medical treatment—he had been threatening to destroy himself—he bore the name of Robert Thompson then, and when he was before the Magistrate—I attended before the Magistrate, and half of a 10l. note was produced—before he went out of the house that night his wife persuaded him to tell us what money he had got, and he produced a 10l. note in two pieces, as well as other money—his wife put each piece up separately—I believe it was one of those pieces which was produced at the Police-court, and also some gold which the policeman swore had been dug up in a garden.
WILLIAM COLES (policeman, 94.) On Wednesday morning I saw the prisoner at the station, making a complaint against two women, for robbing him of half of a 10l. note and ten sovereigns—I took them in custody, and then went with an officer and found some money buried in the ground—half of a 10l. note was given up by the brothel-keeper—I was before the Magistrate on the first occasion—the prisoner gave the name of Muggeridge—he had given the name of Thompson, but said that was his wrong name—he said it was money he had collected for his master—he had said the same at the station-house—he was the worse for liquor, and not in a state to give evidence—he was not in the dock a minute before he fainted away, and I should say twenty times we had to walk him about the yard—we sent for a medical man by order of the Magistrate—he was not let go—he was to go with me to 32, Commercial-road; but I brought him back, as I was afraid he would commit suicide—he said he should not go back, he should make away with himself, for it was his master's money, and he could not get it back—he seemed in a very desponding wretched state—Mr. Cottingham sent him to the Infirmary.
Cross-examined. Had he the appearance of a man who had had his liquor drugged? A. I should say he had not been drugged, or he would have laid senseless—I saw him at half-part two o'clock on Wednesday morning—I was present when the officer came to take him—neither the house-keeper or the maid were examined to prove he was drunk on Monday night.
OLD COURT.—Monday, Nov.29th, 1847.
154. GEORGE STACEY and MILES STANDLEY , breaking and entering the dwelling-house of Benjamin Massey, on 25th Nov., at St. Andrew, Holborn, and stealing therein 2 watches, value 8l., his goods; to which they pleaded
GUILTY.— Confined Twelve months.
JOHN ACHELOR. I am a horse-slaughterer. On 13th Nov. the prisoner brought me a grey mare, and a grey gelding to be slaughtered—I asked where he brought them from—he said from Hillingdon, near Uxbridge, and that they belonged to a gentleman named Mills—they did not appear fit to be slaughtered, they were in very fair condition, as if they had been turned out—I noticed that to him, and he said a man named John Williams had given them to him to bring; that they had been knocking a gentleman's carriage to pieces, and he had sent them up to be slaughtered—I said it was very strange the coachman did not come with them and have them dispatched, if that was his master's wish—he said he wanted to go other business—I asked if he could refer to any respectable person that knew him—he said, "No"—I said, "Then I cannot buy the horses"—he said he would take them away—I said, "No, you shall not; you have tried to get me into a deal of trouble, and I shall give you in charge"—I did so, and kept the gelding and mare at my stables—they were owned on the Saturday.
Prisoner. I said the coachman brought them to me, and asked me to take them down to you. Witness. You said the coachman had given them to you at Kilburn, and that he had been with Mr. Mills for twenty-five years—no one came to me on the Thursday or Friday to say that any one was coming to bring the horses—I saw no one till you came with them.
WILLIAM TAYLOR. I am in the employ of Mr. Harvey, a cab-proprietor, in Gordon-square. On Friday evening, about half-past five o'clock, I left a grey gelding and grey mare, the property of Mr. Harvey, in a field near Harston-green, close alongside the turnpike-road—there were five horses in the field—I went again next morning at a little past six o'clock, and missed the grey gelding and mare—the gate was taken off on the hinge side; the other side was locked, the same as I had left it—I afterwards saw the same horses at Mr. Achelor's stables.
Prisoner. Q. At what part is this field? A. Against Kensal Green-road, or Harrow-road, in Wilsden parish.
Prisoner's Defence. I met a man named Williams, who I had known for many years at Uxbridge, and he asked me to take the horses to Mr. Achelor's, saying they had knocked his master's carriage to pieces, and his master was going to sell them; I was not the least aware of their being stolen; he asked me to lend him a pair of gaiters and shoes, which I did, and he said he should be up on Friday; he said he lived with a gentleman named Mills, or Myers, at Hillingdon; I am a stranger in London.
GUILTY. Aged 60.— Transported for Seven Years.
162. JAMES MALLISTER , burglariously breaking and entering the dwelling-house of Charles Webb Coleman, about two in the night of 18th Sept., at Paddington, and stealing therein 1 curtain, 1 counterpane, and other article, value 35s. his property; having been before convicted.
MR. PLATT conducted the Prosecution.
to bed about eleven o'clock—myself and servant were the last persons up—we both went to bed together—the house was quite safe—the kitchen window was shut, but not fastened—my son came down first in the morning, about eight o'clock—he called me—I went down, and found the house in confusion, and the kitchen window wide open—I missed a shoulder of veal, weighing about nine pounds, some bacon, coffee, tea, sugar, cheese, some brushes, a curtain, a counterpane, and four pigeons—the counterpane was over the pigeons, which were in a crate in the yard.
GEORGE HAWKINS (policeman, D 73.) On 22nd Sept., between five and six o'clock in the morning, I heard a conversation between some women, in consequence of which, about six o'clock, I went to 15, William-street, Lisson-grove, and found a girl there in bed, named Emma Harris—I searched the place, and found this window-curtain, counterpane, and some rings belonging to it; also these two shoe-brushes, table-cloth, and towel, and this flannel jacket under the bed—I have seen the prisoner wearing that jacket.
Prisoner. Q. What day was it you took the girl into custody? A. Wednesday, the 22nd—I should have taken you, if I had seen you there—I made a mistake in the day before the Magistrate, and said it was Monday—I did not tell you I would swear your life away.
EMMA HARRIS. I live at 15, William-street, Lisson-grove. Hawkins came there and took these things away—I gave them up to him ay once—I was taken into custody, was remanded, and afterwards discharged—I told him where I got them from.
Prisoner. Q. Did I bring the things to your house? A. I think it was you—I cannot swear to you.
COURT. Q. Are you an unfortunate girl? A. Yes; other young men come there beside the prisoner—I live by myself—I am sometimes out for a good bit at a time—several more young girls live in the house—I put these things on the bed on the Sunday; they were brought to my room by a young man, I cannot swear that it was the prisoner—I was there when he left them—I was examined before the Magistrate—this is my mark to these depositions—( The witness's deposition being read, stated "the prisoner brought them to my room on the Sunday morning, two or three days before this, and asked me to take care of them")—I could not swear it was him—he lived in the house at that time, not with me.
CHARITY PRIDEAUX. I live at 15, William-street. On the Sunday in question the prisoner was in the front kitchen, with a girl named Emma Thomas—I dined with them—they had veal and bacon for dinner—it was a large joint of veal, but what joint I do not know—there was not a dish large enough for it, and the prisoner gave me some money to go out and buy one.
Prisoner. Q. Do you remember my saying on the Sunday before that I would have a joint of veal? A. Yes.
GEORGE LOVE COLEMAN. I am the prosecutor's son. On 19th Sept. I came down about eight o'clock in the morning, and found the house in confusion, and the kitchen window open—I missed the article stated—I know the curtain now produces, it used to be over the window—these brushes are my father's, and are marked, and this counterpane I know very well by the pattern—we have had it ten or eleven years—my father rents the house—it is in the parish of Paddington.
SOLOMON HANNANT (policeman, D 8.) I found the prisoner at a public-house in Drury-lane, on 1st Nov.—I had been looking for him for some time—I told him I wanted him for a burglary, and stated the place—he said, "I know nothing about it"—I searched him at the station, but found nothing on him relating to this charge.
Prisoner's Defence. I am innocent of the charge; I own to the jacket being mine.
STEPHEN BENNETT (policeman) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted Feb., 1846, and confined ten days, solitary)—I was present at the trial—the prisoner is the person.
GUILTY.*† Aged 20.— Transported for Seven Years.
Before Mr. Justice Coltman.
163. ANN SIMONS was indicted for stealing, on 15th Oct., at St. Marylebone, 1/2 a yard of sarsnet, value 2s.: 11 yards of stain, 5l. 4s. 6d. 28 yards of corded silk, 13,l. 8 yards of silk, called Radzimore, 1l. 15s. 5 yards of velvet, 6l. 6s. 123 yards of calico, 7l. 9s. 52 yards of Irish linen, 7l. 17s. 138 yards of Valenciennes lace, 23l. and a great variety of articles to the amount of 260l. the goods of James Marshall and another, her master; and PHILIPS DEVEREUX HICKMAN , for feloniously receiving the said goods, knowing them to have been stolen.
MR. ATTORNEY-GENERAL with MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JAMES MARSHALL. I am in partnership with Mr. Stinton, as linen-drapers and mercers, carrying on business in Vere-street, Oxford-street—in Oct. last, the prisoner Simons was in our service, and had been so for about two years and a half—she was saleswoman in the clock department—we make up good from silk, satins, and other materials—it was her duty to cut out those things for the purpose of their being made up—by those means she had access to our general property—we took stock on 20th Feb. last, and then found a large deficiency—we had no suspicion of Simon then—on Tuesday, 19th Oct., in consequence of a communication made to me by Mr. Brown, one of our assistants, I called Simons into the hosiery-department, where Brown was engaged, and told her I wished to see a dozen pairs of cotton stockings that had been taken from that department a few days previous—she told me she had had none—I sent for Brown, and told him that she denied having had any stockings from that department—he told her he was positive he had given her the stockings—she said, "Oh, yes, I remember them; but I brought them back to the department"—he said he was perfectly satisfied they had never been returned—I then asked her who she brought them back to—she said she did not know, she laid them on the counter—I then told her that I wished to see six pairs of white silk stockings that she had taken from the same department—she stated that she had them to get marked, and that she brought them back to the department—I told her that I was afraid she had been robbing us to a very large amount, and that she was a very bad girl—I was then given to understand that she had taken some property to a Miss Rourke's, and I went there with Mr. Brown—I did not take Simons—she was not then in custody—I found some of my property at Miss Rourke's, which Brown brought back—in consequence of what I discovered in going to Miss Rourke's, I gave Simons in charge—she was searched at the station—I was not present—her boxes were afterwards examined by Alison, the constable, who took her into custody—on searching her boxes I found other articles, which I claimed—she had previously told me that some portion of the stocking she had taken would be found in her boxes, the others she had given to a woman who had the care of her child—that was after I had returned from Miss Rourke's, but before she was given in charge—she had before that begged that I would look over it, in conesquence
of her child—I told her I would not—I saw Alison take from her box some letters, and this piece of paper produced, bearing the name of "P. D. Hickman, Esq., 18, Lincoln's-inn Fields, Holborn"—after we had been before the Magistrate at Marylebone Police-court, I went to 33, Welbeck-street, where one of Simons's sisters lived—I then went at 18, Lincoln's-inn Fields, about half-past eight o'clock in the evening—up to that time I had no knowledge that I should find any of my property there—the housekeeper opened the door—I inquired for Mr. Hickman, and was told that he was not at home—I did not leave my name or any message—the female prisoner had then been remanded—I went to Mr. Hickman's again, about half-past ten o'clock on Wednesday morning, with Alison, the constable, and a servant from 33, Welbeck-street—I saw the housekeeper again, but did not see Mr. Hickman—I inquired if they knew a person of the name of Simons, or Simmons—I left my name and address on that occasion, and a message that Ann Simons had been robbing us to a very large amount—I believe that was all I said on that occasion—I did not say I would call again—there was another examination before the Magistrate on the Wednesday—I was attended by my attorney, Mr. Lloyd—Mr. Hickman was not there—a Mr. Wathen attended as Simons's attorney—I now know that Mr. Wathen is Mr. Hickman's attorney—Mr. Hickman himself told me so—I went to Mr. Hickman's chambers again on the Thursday morning, about half-past eleven o'clock—I went with him—I had before that been at the Police-office on that same Thursday morning, and was introduced to Mr. Hickman there, by Mr. Wathen—he told me there was a large quantity of goods that he wished to give up to us, which he had no doubt belonged to us; that he had forced the drawers that morning, and found them—we then called a cab, and myself, Alison, and Mr. Hickman, went to Mr. Hickman's chambers—Mr. Wathen did not go—in the cab, Mr. Hickman told me that the first time he met Ann Simons was in Holles-street, about two years ago, that he afterwards wrote to her and made an appointment with her, and that he had known her since that time—he told me he had paid off a mortgage for her father which had cost him 280l., and altogether he had paid 500l. for her father—I told him I was surprised to hear that she had a father alive, as she had always given me to understand that she had no father living—he said that she had, and he believed him to be very well connected—I asked him if he was aware she had had a child—he said he was not, that his firm belief was that he had her to himself—when we got to Lincoln's-inn Fields he took us up stairs into his apartments himself, and pointed out the goods, which were in two large bundles on the floor—he pointed to the drawers, and said they had been taken out of those drawers—they were drawers in a wardrobe in the bed-room—there were two bed-rooms—he said Simons had slept at his chambers on the Saturday night previous—he did not say with whom—I asked him if he was aware she was in our employment—he said he was, that she frequently came down there of an evening, and that he allowed her 3s. 6d. a day for cab-hire—I asked him if he was not very much surprised at receiving such an immense quantity of goods from a young woman, knowing that she was in a situation—he said that she had always told him that she had paid for them, that she had a salary of 70l. a year, and that her perquisites made it 120l.—her salary was 30l. a years, and I should say her perquisites were not more than 2l. for the whole time she was with us—she boarded and lodged in the house—I told Mr. Hickman the salary she had, and he seemed very much surprised—I then recognized a waistcoat that Mr. Hickman was wearing—it has been taken possession of—this is it (produced)—he said she gave it him—I
asked if he had had any others—he said, yes, he had—I recognised it by the material, and told him I had no doubt that the stuff was stolen from our shop—he said he had no doubt it, that Ann Simons brought it to him, and told him that she had got it from Marshall and Stinton's, that it was a remnant and cost very little—that was the first he mentioned to me about any presents; he said she gave it to him—I then asked him if he had any more, and he said he had eleven other waistcoats from the prisoner Simons, which were made up—they were not produced on that occasion—he pointed out a great many things in the room as having been received from her as presents—an easy chair, a bronze dog, a cigar-case, a very handsome plant on a pedestal, and a gold chain—those were the principal things that he pointed out at that time—he afterwards pointed out other things—a list was made of the things he pointed out (looking at a paper)—I did not make it out, but I have no doubt this is a correct list of the things he said he had received as presents from her—there was a bird-cage and some birds, a flower-pedestal, a glass-case, some pocket-handkerchiefs; I believe he said eighteen—he produced them—they were cambric, and unmarked—there was a gentleman's short sable boa, a lady's silk dress, and some chair-covers, I do not know how many—he represented the silk dress as being a present from Simons to one of the servants—there were some table-covers, a crimson velvet cushion, and a chintz bed furniture lined with yellow—(SIR FREDERICK THESIGER, on the part of Mr. Hickman, objected to this portion of the evidence as irrelevant, the articles not being suggested to be part of the stolen property. The ATTORNEY-GENERAL urged its application, as showing the connexion between the receiver and the principal. The COURT was of opinion that, in connexion with the statement of Mr. Hickman, it was receivable)—Mr. Hickman also pointed out a pair of crimson bell-ropes, a variety of china articles, and some pieces of linen wristhands, also as presents, and a gold watch which he said belonged to her—a gold chain he pointed out as a present from her to him—this list contains the generality of them—Mr. Hickman said he was very glad he had been the means of restoring any property—I looked over the goods in both bundles, and there were two boxes of goods also produced—I recognised the goods as my property—all the things in the bundles were our property—the generality of them were silks, shawls, &c.—the things found in the bundles have not been kept separate, they have been put with those found in the boxes—there were two lengths of velvet, which he said she had given to him for waistcoats—they were in one of the bundles—he said he had not had them made up, as he did not like them—I recognised the whole of the goods—the boxes were by the side of the bed, one locked and one unlocked—Mr. Hickman rang the bell for a servant to bring a chisel to open one of the boxes, and he assisted to open it—it was forced—it contained silks and shawls, lace, and other things, all new—he said, while we were examining them, he had not the slightest idea what the boxes contained—we then examined the box which was unlocked—that contained similar goods, all new—I told him my impression was that there was 500l. worth of goods there—I have since had an estimate made of the value of all the goods found at Mr. Hickman's chambers—they amount to 260l. and a fraction—(the articles were here produced, filling four boxes)—I have no doubt that all these articles are made of my property—here are the chair-covers, eleven waistcoats, and the two pieces of velvet of which Mr. Hickman spoke, one blue and the other drab—we make up silk skirts like these—I had seen Mr. Wathen on the Wednesday, and had some conversation with him, and on Thursday Mr. Hickman said he had desired Mr. Wathen to wait on me the day before—here is piece of black velvet—I had
matched it with a piece, and this corresponds exactly, in the cutting and the length, with a piece which we had in our stock on 20th Aug.—the other piece is here—the officer took charge of things found at Mr. Hickman's.
Cross-examined by MR. SERJEANT WILKINS. Q. How many people are employed in your establishment? A. About forty-five—they all sleep on the premises—there are about a dozen females—neither Mr. Stinton nor myself live on the premises—Mr. Stinton has not lived there for seven or eight years—there is a person named Snellgrove in our establishment—be has not a share in the business—he is no partner—he has a fixed salary of 200l. a year, and he receives one-eighth of the profits—he is not liable for any losses—he shares in the losses—his shares of the profits if paid to him by way of salary; and in case there is no balance at our stock-taking, he receives 200l., whether we make a farthing or not; but what he receives is always paid him as salary, and received as such—supposing there are no profits, he receives 200l. a year—he has the option of taking either one-eighth of the profits as a salary, or 200l. a year—he has not always been paid out of the profits of the business—he has no banker that I am aware of—I believe Mr. Stinton banks at the same place as I do—I have no private banking account, and I am not aware that Mr. Stinton has—we bank at the London and Westminster Bank, Stratford-place—Mr. Snellgrove, our clerk, makes some of the purchases, and I make some—many of the purchases are paid for by the acceptances of the firm—Mr. Snellgrove does not join in those acceptances—he has never done so—a lady named Webb is a cloak-maker, in our cloak-room—she lives in Berners-street—Mr. Stinton lives at Cricklewood—I never heard him complain of being robbed—we had a French lady in our establishment—she left about three weeks ago, because I was dissatisfied with her—she was engaged to manage our dress-making and millinery department, and I found she did not make her appearance in business till about eleven o'clock in the day, and she allowed one of the young ladies to sleep out without our permission—those were the reasons why I discharged her—a housekeeper had the charge of the house at night—Madams Louise had the management of the house while she was with us, for a very short time—Mr. Snellgrove had the superintendence of the house at night, and had the key of the outer door—Mr. Snellgrove was not before the Magistrate—I believe he is here—I have sent for him.
Q. Did you some time ago compound with your creditors? A. Never—we stopped payment about five or seven years ago, I am not certain which—I am sure it is as much as five—we paid every one 20s. in the pound, with interest—eighteen months was given us, and we fulfilled our engagements at the end of that time—Mr. Stinton has the care of the books—he is assisted, of course—we had always taken stock twice a year previous to out stopping payment, and once a year latterly; but for the last two years, twice a year, on 20th Oct. and 20th Aug.—we only took stock once in 1846—I am certain of that—it was on 20th Aug.—We next took stock on 20th Feb., 1847, and again on 20th Aug.—I am not aware that I said we took stock in Oct.—if I did I was mistaken—on all those occasions Mr. Stinton had the superintendence of the books—we have continually missed portions of our stock—I cannot say the exact time we first did so—on taking stock we found we were deficient of our usual profits—we found that more particularly in the last twelve months—we have missed things that never could be accounted for—we missed stock previous to that, but we cannot prove what particular stock we were deficient of—we were deficient of our profits—I am speaking of the amount of stock—we have missed profit—it is impossible to tell what part of our
stock was deficient—we first discovered the loss of profit on taking stock on 20th Feb. last—we then missed, I suppose, about 1000l. we could not account for it—Mr. Stinton assisted me in balancing the books.
Q. On the day you first accused Simons of having robbed you, I understand you to say that you left her for a short time after you had made a certain accusation against her? A. I did, and went to Woodstock-street—I was absent about a quarter of an hour or twenty minutes—I did not leave her with any one particularly—she was left in the shop, with directions that she was not to be allowed to go up stairs—Mr. Stinton was there, and there were always young men in the shop—Mr. Stinton was not standing by the side of her when I returned—he was in the shop, whether he remained there I cannot say—I did not see or hear him go up stairs—Mr. Stinton, myself, and Alison, were present when the prisoner's boxes were opened, and the letters found—the letters were scattered about in different parts of the box—Alison and myself took them out—I am quite sure or that—it is my firm belief that Alison and myself took them all out—Mr. Stinton was present—I do not know why he took no part in it—I will not swear he did not take any of things out—the letters were collected together, I should say, not more than five minutes after the things were taken out—they were then in Alison's hands—Mr. Stinton was in the room—he did not leave the room all the time I was there—we all left together—he did not go with me to the station-house—the letters were not sorted and read as they were taken out of the box—there might have been one or two of them read, but there was such a number that it would have been impossible to have read them all—they were not all carefully looked at—I looked at some, and Alison at some—Mr. Stinton was in the room the whole of the time, and he might have read any of the letters—I am not aware that he did not—there was a ball at my house in 1846 or 1847, I am not certain which—Miss Simons was not there—I remember her being present at a ball where Mrs. Stinton and Mrs. Marshall were—that was not at Mr. Stinton's, but at Mr. Abel white's, at Cricklewood—Mrs. Marshall was dressed in velvet on that occasion, and Mrs. Stinton also—Miss Simons had on what is called a blue glace dress that evening—I do not remember whether or not she had a splendid bouquet—I should say Mr. Stinton did not dance with her—it is my firm belief that he did not—I cannot swear either way—a shopman named Barker has lately been turned away from our premises—I was not present when Mr. Stinton asked the assembled shopmen whether they had ever seen anything pass between him and Miss Simons—Mr. Stinton has told me of if—Barker was discharged, because I found a letter that he had written to Ann Simons, in her box—it was merely asking her to get him a better place—that was one reason why he was discharged; and another was, I found his wife was making cloaks for Howell and James—I swear that he was not discharged because he said he had seen Mr. Stinton too familiar with Simons—he was not accused in my hearing of having said so—Mr. Stinton was anxious that he should be discharged—the articles that have been produced here to-day are ours—I only know them from their general appearance—this sort of stuff would present the same appearance in any other shop as well as ours—our shop-people were never allowed to purchase things at cost price, with our sanction—it was done some time ago, but not lately—it was altered about nine months ago—I do not know a Mrs. Coles—I never saw her in my life—Mr. Stinton got Simons's character.
Q. Was it Mr. Stinton who introduced her to the house? A. I believe she applied for a situation, we wanted a young person in the cloak-room at
that time, and Mr. Stinton engaged her—she was introduced the same as all other young persons who come into our service—I first knew her by seeing her in our employment—I never saw her before she was in our service.
Cross-examined by SIR FREDERICK THESIGER. Q. The first time you ever saw Mr. Hickman was on Thursday, 21st Oct.? A. Yes; he came with Mr. Wathen to the station-house—I think it was about half-past ten or eleven o'clock—Simons was not then at the station—I was sent for, and found Mr. Hickman there—Mr. Stinton fetched me—Alison and I were at the house in Welbeck-street—we went from there to the station—Mr. Wathen was there with Mr. Hickman—we went afterwards to Lincoln's-inn Fields in a cab—Alison, I, and Mr. Hickman, were all three inside—part of the conversation I have repeated was while we were in the cab, before we arrived at Lincoln's-inn Fields—it was not while in the cab that I put any question to Mr. Hickman about giving the girl money—there was a conversation about the father—I do not recollect that I asked him any question about money—I do not recollect how he came to tell me about giving the father money—I have no recollection of what led to that conversation—on arriving at Lincoln's-inn Fields, one of the servants opened the door—to the best of my recollection it was the same person that had opened the door when I was there before—we proceeded up stairs immediately, and went into the sitting-room first—the bed-room opens into the sitting-room—the door of the bed-room is about in the middle of the room, I think—I should say a person could not come in at the door of the sitting-room, and pass into the bed-room, without being seen by a person sitting at the table in the sitting-room—you cannot get into the bed-room without going through the sitting-room—the table was exactly opposite the bed-room door—it would, of course, depend very much upon what part of the table the person was sitting at—we passed from the sitting-room into the bed-room—the housekeeper, Mrs. Burdon, was present—we found one bundle in one room, and one in the other, one in each bed-room—there are two bed-room—the chest of drawers and wardrobe of which I have spoken, were in the first or front bed-room—one bundle was in that room, another in the back bed-room—there was a bed in each room—Mr. Hickman took me there for the purpose of seeing the things which he said had been takes out of the drawers—I did not notice that he had the waistcoat on when he came to the station-house, but he had no opportunity of changing his dress before I noticed it—he did not point the waistcoat out to me—I recognised it, and said to him, "The material of the waistcoat which you now have on came from our house"—he said, "Yes, it was a present from her," and that she said it was a remnant from Marshall and Stinton's, and it cost very little—the price of it is 6s. 6d. a yard—it was not a remnant—I do not know how much it would take to make a waistcoat—it might be sold at 6s. a yard—we consider them remnants when they are not of a dress length—the price would depend on the length—it might be one, or five yards—if it were two yards long, we should offer it at 6s. a yard; that would be the lowest price for that material—I should think there is about three quarters of a yard in a waistcoat; that would be 4s. 6d.—these are the boxes—(pointing to them)—this one was locked—I did not see a strap and seal to the other—the things which were in the bundles have been put into these boxes—the things produced were found either in the boxes or the bundles—these brown waistcoats are made of what we call Tassore silk—it is an Indian silk—there are eleven made of that stuff—it is half-a-crown a yard—it would take about a yard to make a waistcoat.
Q. You have stated that you had some conversation with Mr. Hickman, about giving Ann Simons money; was not the question you put to him
whether he gave her much money? A. I put that question to him in his room, and he said he did not give her much money—he afterwards stated that he gave her 3s. 6d. for her cab-hire every night she came—I do not recollect whether he repeated in the room what he and previously stated in the cab with respect to the mortgage, or the money he had paid for her father—he might have done so—did not understand that he had ever seen her father—when I called on the Tuesday night I did not leave my name or my business—I called again on the Wednesday, at half-past ten o'clock—Mr. Hickman was from home—I stated what my business was, and about an hour and a half or two hours after, Mr. Wathen called on me—Mr. Hickman did not tell me when I was at his room on the Thursday, that some of the things were at the wash—some things that were said to have been at the wash were afterwards delivered to Inspector Tedman—I should say my observation as to whether he was not surprised at receiving such presents from a girl in Simons's situation, was not made with reference to the things he said she had presented to him—I should say it was made both before and after he had pointed out the presents—he made the observation in the bed-room, after we had taken possession of our stock, and likewise in the sitting-room afterwards—it was made in both rooms—he had pointed out the things received as presents when I made the observation—the bird-cages, birds, plant, cigar case, the bronze dog, and the watch and chain, are not my property—these cambric handkerchiefs are 52s. 6d. a dozen—I believe there are eighteen of them—the two pieces of velvet, which he said he had not had made up because he did not like them, were about a yard and a half each, and worth 25s. a yard—I also found a brown velvet waistcoat made up, which he said she had given him, that is bout the same value—there is about a yard and a quarter in it.
Q. I believe that Mr. Hickman gave you every facility for searching every part of his rooms, and assisted you in discovering whatever property there might have been there? A. He did; he requested me and the officer, on a subsequent occasion, to search every part of his rooms, to ascertain whether there was any other property of ours that had not been produced—I said it was quite unnecessary—I believe that was on the Monday after—I had a glass of wine with him on the Thursday—I do not recollect just as I was going, his calling me back, and saying, "Why, you have forgotten to look in her work-box"—be did not point it out to me—the workbox had been examined long before that—I swear he did not call my attention to it, and say I had omitted to search it—I swear we had examined the box before—he did not say so to any one else in my presence.
MR. ATTORNEY-GENERAL. Q. How is it that Mr. Snellgrove would have any interest in the losses? Just explain the arrangement at which he is with you? A. He has a fixed salary of 200l. a year, and when we take our stock and balance our books, he has the option of taking 200l. a year, or one-eighth of the profits—it is usual to give mangers an interest in effecting good sales, for the purpose of increasing the profits of their principals—if the profits do not amount to 200l. a year at one-eighth, then he receives no additional sum beyond the 200l.—if the profits of the year amounted to 800l., he would then only receive the 200l.—persons in our establishment were allowed to purchase goods at cost price—they used formerly to purchase of any of the young men, but during the last nine months, if any person in our employment purchased any goods, it could only be with the approbation of Mr. Snellgrove—formerly a bill used to be made out for them, and it was stamped by the
clerk at the desk with a stamp which we use as a receipt-stamp—while Simons was in our serviced I was not aware that she had a father living—I have since found out that she has—he keeps a small inn at Gumley, in Leicestershire.
JOHN STINTON. I am in partnership with Mr. Marshall, and have been a member of the firm since its commencement, which is about ten years—neither I or Mr. Marshall reside at the house of business—I live at Cricklewood, beyond Kilburn—the female policeman was taken into custody, on Tuesday, 19th Oct., in consequence of a communication made to Mr. Marshall—she was called into the shop, and some questions were put to her—after she had answered those questions she was taken into custody, and taken to the station—after that the officer returned, and went up stairs with Mr. Marshall and myself, and examined her boxes—one box was locked, and the other unlocked—I saw the things taken out of both the boxes—there were some letters found in one of them—the policeman took them out—this envelope was found among the other things in the box—I did not attend at the police-court on the first occasion, I think that was on the Tuesday—Mr. Wathen called on the Wednesday; I saw him—he called again on the Thursday, and on that occasion I saw Mr. Hickman at the door in company with Mr. Wathen—he remained at the door while Mr. Wathen came in and spoke to me—I had never seen him before, to my knowledge—I then accompanied Mr. Wathen and Mr. Hickman to the Police-court—on the way, I asked Mr. Hickman if he knew anything of the prisoner Simons having a child—he said he did not believe that she had one, or that he did not know—I first heard of her having a child from herself, on the morning of the robbery—I had never heard it before from anybody—she said it in the shop—no one was present but myself and her; Mr. Marshall had gone out after some of the things—he had not put any question to her before that—I think he did when he came back.
Q. What led to her stating that she had a child? A. I said to her, "Miss Simons, I always thought you had some property"—she said, "No; I have none beyond 3s. or 5s. a week (I do not know which), which is for the support of my child"—I did not make any observation on that; I only expressed my surprise—I made some exclamation, but what it was I do not know—I was perfectly surprised at it.
Cross-examined by MR. SERJEANT WILKINS. Q. When did you first become acquainted with Simons? A. On her application for a situation, in April, 1845—I swear upon my solemn oath that I never knew her before April, 1845—she then applied to me in the shop for a situation—I do not think any one was present at the time—she came into the shop—I was at the desk at the end of the shop—there are about twenty shopmen and shopwomen in the shop—I do not think I can call to mind anybody that was in the shop at the time—I am not certain whether there was anybody present who is now here, but I should say not—I engaged her, subject to her reference proving satisfactory; and upon its proving satisfactory, I did engage her—I did not consult my partner as to taking her into our employ that I remember—it is not customary to do so—I have employed others without consulting my partner—I generally have the engagement of persons in the house—I engaged Madame Louise—I consulted Mr. Marshall, in that instance—I know Mrs. Cole, a dress-maker, in Argyll-street—I went to her as Simons's reference—on that occasion, I asked Mrs. Cole to become a customer—it turned out that she had been a customer before, which I did not know at the time—she only had
a few things, and was in our debt—I think she only had one transaction, after I engaged Simons, I sued her for that money—I do not know what has become of her—it did not then occur to me that it would be prudent to inquire still farther about Simons, inasmuch as Simons herself said we had better not trust Mrs. Cole—she did not say she was not trustworthy; she said I had better not trust her—that was about a month after Simons was in our house—it did not then occur to me that it would be prudent to inquire still further about Simons—I was present when Simons was first accused, when she was questioned about some stockings, and when she was given into custody—I should say half an hour elapsed between her first being accused and her being given into custody—she staid in the shop in the interval—I was at the desk, and she was close to it—I came away from the desk—I do not know that I was standing by her for any length of time—she was standing there—I do not remember that I stood beside her—I will not swear I did not—I was at the desk, and she came and stood at the door, if I remember right—I went up stairs—I did not meet her on the stairs—I went up stairs because I wanted to prevent her going up—I did not talk to her on the stairs—I went up after her to prevent her going into her bedroom, because whilst my partner was out he did not wish her to go up stairs, or to have any communication with her boxes—I went up stairs, to prevent her going to her boxes—I did not follow her into her bedroom—she did not go into her bedroom—I lost sight of her, and I believe she turned into the water-closet, but I cannot say—I came down again, when I found she was not in her bedroom—I should think I was not away from the shop a minute—I did not see her return to the shop, but she was down in the shop when I got there—I had looked in at the door of her bedrooms, which was open, and seen that she was not there.
Q. Now, Sir, mind what you are about; upon your oath, did not you desire her to go up stairs, and when on the stairs ask her to give up to you all notes that you had written to her? A. On my soul, I never spoke to her—on my oath, I did not—I never wrote to her in my life—I never wrote to her in the shop on slips of paper, and put them into her hand, and said, "Mind that"—Barker was turned away in consequence of a note found in Simons's possession, and because we found his wife was making cloaks for other houses—those were the only reasons—I asked the young men in the shop whether any of them had seen me take improper liberties with Miss Simons, or too familiar with her—Barker said he had not seen me do anything of the kind—he did not say he had seen me looking wickedly at her, and her at me—I swear that—I do not know whether Barker is here—he has been subpœned by us, I believe—I should like to explain this more fully, he said that he thought she had looked at me very singularly—he did not say that I had looked at her—I did not on that occasion lift up my hands and beg him, for God's sake, not to repeat it, lest it should come to Mrs. Stinton's ears—nothing of the kind passed—I live at Crickelwood—I was never robbed in going home, nor ever complained of being robbed—I was not stopped by anybody, and have never said so—I have never ridden in a cab with Miss Simons—I swear that most positively—I know Miss Webb, of 2, Barners-street—I do not remember getting into a cab with Miss Simons, at the stand opposite Marylebone-lane, and being driven by John Kiddle, No. 1693, to the corner of Berners-street—I will swear I did not—I swear I have never been driven in a cab with Miss Simons in my life, or in any carriage—I have always managed the books of our establishment—we sometimes take sock every six months, and sometimes every twelve months—we
have taken stock twice this years—I am not quite certain whether it was twice or not, in 1846—I think it was in Feb., 1847, we first discovered a deficiency of stock—I should say we were then about 1,000l. short—I had an impression that Miss Simons was possessed of property—I really do not know what induce me to think so—I never asked her to lend me any money—she never advanced me any money—our firm had been in some difficulties some tears before she came into our service—I am not aware that we were at all straitened when she came to us—I do not know that when she first came into our service, she had 800l.—she never told me so, and I do not believe that she had—I really do not know what made me think she had property—it was an impression I had received by report—I never met her at a ball—I met her once at a party—she appeared in a blue glace silk dress—I did not recommend it to her as being well adapted to her complexion, and request her to have it made up—I should think the party was shortly after last Christmas—nothing particular impressed her dress on my mind—I should think there were thirty or forty people, altogether, at the party—with the exception of my wife and Mrs. Marshall, I do not think I can tell you what any other lady wore on that occasion—I think Miss Simons had a bouquet—I did not afterwards tell her that I was sure some gentleman had given her the bouquet—I have no recollection of mentioning it to her afterwards—I would not like to swear I did not, nut my impression is I did not—I swear I did not quarrel with her on the suspicion that she had it from a gentleman—the policeman took the letters out of her box—nobody assisted him—I did not—I did not read one—I am sure I did not take any into my hand—I did not assist in taking anything out of the box—I do not remember that my partner did—I think it was the policeman entirely—the policeman had the whole of the letters.
Q. Were you ever met by any person walking in George-street, Hanover-square, between eight and nine o'clock in the evening, with Simons? A. Never, to my knowledge—I never walked with her at that time in the evening in George-street, Hanover-square, nor in the neighbourhood of Manchester-square—I have never walked with her in the evening, nor ever walked with her in my life—I believe her sister, Elizabeth Simons, is here, subpœned on the part of the prosecution—I never wrote to Simons—I never wrote her a note, recommending that she should have the blue glace dress made high up on the neck, as she was poorly—nor sign it, "Yours, affectionately, JOHN STINTON"—I did not say to the prisoner, when I saw her up stairs on the day she was apprehended, that it was a bad job for her, and a worse for me—I might have said it was a bad job, but I have no recollection of saying anything of the sort—I did not say it was a bad job for me—I saw the boxes when they were first found in her bedroom up stairs—I went up stairs with her—once of the boxes had no lock, and was opened without any difficulty.
MR. BODKIN. Q. In what capacity was she engaged when you first took her? A. For the cloak-room—she always continued in the same situation—there was nothing in the slightest degree different in the hiring of this young woman from the hiring of any others, whom it was my particular duty to engage—the letters came out of the box which was locked—the policeman produced the key which opened it—I consulted Mr. Marshall about engaging Madame Louise, as she held an important situation as manager of a department—Simons' was an ordinary situation—when I went up stairs Mr. Marshall had either gone for the policeman, or to fetch some things that
had been sent to Miss Rourke's—it was arranged before he left, that Simons was not to be allowed to go up stairs to her bed-room before he returned—it was in consequence of that that I followed her up when I saw her go up—the ball that has been spoken of, was at a neighbour's of the name of A belnhite, near Kilburn—it was a children's party—Mrs. Stinton invited the prisoner, and another young women from our establishment accompanied her—they were taken there, and brought back by Mr. Snellgrove, the head of our establishment—I do not know whether Mr. Marshall noticed the blue dress or not—there was nothing particular in it which accounted for my looking as it—I do not know whether it was from our establishment—my wife was dressed in a velvet dress, and Mrs. Marshall also—I do not remember how the other young woman who went from our house was dressed—on my solemn oath, I never in my life took any improper liberties with this young woman.
MR. SERJEANT WILKINS. Q. Did not Miss Simons object to wear a velvet dress on account of Mrs. Marshall, and Mrs. Stinton being so dressed; and was not the blue glace dress upon that suggested by you? A. She made no such remark nor did I make any such suggestion to her.
ELIZABETH SIMONS. I am the prisoner's sister—upon her being given into custody on 19th Oct. I went to her, and she gave me directions to go to Mr. Hickman's—I knew Mr. Hickman before—she did not tell me what I was to go for—I went there between seven and eight in the evening—I found him at home—I told him my sister was in custody, that she had been robbing Mr. Marshall, and asked if he had anything there—he immediately went into the bed-room to look into some drawers, and found some things of hers there—he took them from the drawers and tied them up in a bundle—he went into the bed-room by himself—I was not with him—he brought the things into the sitting-room and tied them up there—he said he would go to Mr. Marshall with them in the morning, and see what he could do for my sister—that was all that passed, that I recollect—he gave me a sovereign to take to my sister—I came away in a cab, leaving the bundle there—there was only one bundle when I left—it was a large one, and contained a great many things—I do not remember whether he forced open the drawers from which he took the tings, or whether they were open—I did not hear any noise like the forcing of drawers—I could not see them.
Cross-examined by MR. SERJEANT WILKINS. Q. Do you remember your sister going into the service of Messrs. Marshall and Stinton? A. Yes; I know she was acquainted with Mr. Stinton before that, because I met her once with him by St. George's Church, in Hanover-square—I asked her who he was—they were walking together, between eight and nine in the evening—I have me them two or three times—I met them in the neighbourhood of Manchester-square, but in what street I cannot say—that was in the evening—Mr. Stinton is the person I met with her—I remember at the beginning of the year my sister having a blue glace silk dress to make up to go to a ball in—she fetched it from her sister at Madame Devy's—I did not see the parcel opened—I saw a letter a week after, and read it—I have never seen Mr. Stinton write—I saw the signature to the letter.
(MR. SERJEANT WILKINS stated that the prosecutors having seized all the prisoner's papers, notice had been given to them to produce this letter; The ATTORNEY-GENERAL denied the existence of any such letter.)
MR. ATTORNEY-GENERAL. Q. I forgot to ask what you were? A. A milliner—I have been out of a situation for the last three months—I have been very ill, or I should have been at home—I have been living on the money I saved
while in a situation—I am not living under the protection of any one—I ✗ not obliged to answer that, and shall decline doing so—I pawned two shawls for my sister, about six weeks or two months ago—she had them about four months, I should say—she said they were presented to her—I do not know whether they had been worn—it was quite four years ago that I saw my sister and Mr. Stinton walking by St. George's Church—the last time I saw her with him was about that same time—I cannot say that I have seen her walking with him later four years ago—I cannot recollect either one way or the other—it was before the time she was in Marshall and Stinton's service—I do not recollect whether it was summer or winter—it was between eight and nine in the evening—the gas lamps were alight—I had been to Lewis and Allenby's shop, in Regent-street, on the first ossacsion—I then lived with Madame Parry, in Regent-street—I did not speak to him or to my sister—I merely passed by, without taking any notice—I was not surprised at seeing her walking with a man so late at night—the next occasion on which I saw them might be three or four months after—I cannot say whether it was in the summer or winter—I did not speak to either of them then—I do not k now how long it was between that and the third occasion—I cannot say whether it was a month—it was not years—my sister told me it was Mr. Stinton, a day or two after the first time I met them—I do not remember where she was living then—she called on me at Madams Parry's, and then I asked her who he was—I did not take any particular notice of him—I do not know how he was dressed on either occasion—I looked at him, because I thought he was such an insignificant looking man—I saw them once in Oxford-street together, and once in a street leading into Manchester-square, that is all I remember now—I have not since ascertained that he was then living with his wife, in Vere-street—I did not know where he was living—I cannot tell whether all the four times I saw them was in one or two years—my sister said he lived in Vere-street.
MARY BURDON. I am laundress at the Chambers, in Lincoln's-Inn-fields, where Mr. Hickman lived—he had a sitting-room and two bedrooms on the second floor—I know the prisoner Simons, she was in the habit of coming to Mr. Hickman's chambers, and sleeping there with him occasionally—I never saw her bring parcels, or anything.
Cross-examined by SIR FREDERICK THESIGER. Q. How long have you been the housekeeper there? A. Twenty-five years—I am the wife of a barrister's clerk—Mr. Hickman has been there nearly four years—I keep one servant, and have another young person with me—I have frequently seen Miss Simons there—she first came there about two years ago—she came continually from that time up to the time she was apprehended—Mr. Hickman frequently left town on Saturday, and returned on Monday s—during his absence Simons frequently came there, and remained in the Sunday, and dined there—she had the key of the wine-cellar to obtain wine—her sister sometimes came with her, during Mr. Hickman's absence—Mr. Hickman appeared to be very much attached to her—she appeared to possess his entire confidence—she occasionally slept there, in middle room, which leads out of the sitting-room—there were two chests of drawers and a wardrobe in that room—the cheat in front of the bed has for some time past been kept exclusively for Miss Simons—I have seen her go to those drawers with a key—I have occasionally gone to them when I have seen anything about, for the purpose of putting it away, and found them locked—I have heard Miss Simons call them her drawers—when she came, I
have frequently paid the cab-hire myself—the chest and drawers and wardrobe where Mr. Hickman kept his things were not locked at all—I had access to them at any time—I was not at home on 19th Oct., when Elizabeth Simons, the prisoner's sister, came—I afterwards saw Miss Simons' drawers open—they appeared to have been forced—the lock were all standing up, not as if the key had been turned—the drawers were then empty, and some things were put into a shawl in the centre of the room—I saw the drawers first in that state on Wednesday morning—I did not see the things till Mr. Marshall fetched them away—I then saw them—they were females' dresses, and had been worn—there was a trunk by the side of the bed, close to the wall, with a strap to it, which I pointed out to Mr. Hickman on the Wednesday evening—it usually stood there, and had a large pillow thrown over it, I do not know why—I was in the habit formerly of keeping Mr. Hickman's bed-lines in it—it was quite an old box—this is it—(looking at one of those produced)—when I called Mr. Hickman's attention to it, he cut the strap, and opened the box—we found lace and other things in it—Mr. Hickman appeared very much surprised indeed—he expressed himself annoyed, and thanked me for telling him—he ordered that nothing in the box, or any one thing, was to be touched or disturbed—I obeyed his orders, and the things as they were found in the box were given up to Mr. Marshall and the policeman—the other box has "E. S." on it—I had seen that for some time standing under the bed—the day Mr. Marshall came, Mr. Hickman took it out—I very seldom cleaned the room, my servant did—I did not call Mr. Hickman's attention to it—I think he pulled it out on the Thursday morning—it was locked, and was forced open by the policeman—it was found to contain silks, and a variety of things—the outer door of the house was always closed on Sunday—there is a back staircase—Miss Simons only went up that on one occasion that I recollect—I showed her up—this black box was brought to the chambers on Sunday, 3rd or 4th Oct.—I saw the cab man bring it as far as the door—Mr. Hickman was out of town at the time—my servant, Riley, I believe, took it up stairs—I afterwards saw it under the bed—Mr. Hickman dined at his chambers occasionally—he was very punctual and regular in his payments for anything which he had, he never seemed to want money; and, with the exception of his acquaintance with Miss Simons, he was correct and regular in his conduct and habits—after 19th Oct., when Elizabeth Simons came, Mr. Hickman always sent for me, or one of the servants, before he went out of a morning, to say where he was going, and where he might be sent for—he desired me to let anybody that came, search everywhere, whether he was at home or not—he first gave me those orders on the Wednesday evening, after Mr. Marshall had called—he waited at home till ten o'clock next morning, for the purpose of seeing anybody that might call—his usual time for going out was nine o'clock—not a single thing was disturbed in the chambers, or removed, before Mr. Marshall and the policeman came on the 21st—I do not know of anything having been at any time removed from the chambers by Mr. Hickman since I have been housekeeper there—I was present the greater part of the time When Mr. Marshall and the officer were looking at the things—I saw Mr. Hickman fetch the work-box, I cannot tell where from—the officer had a bunch of keys with him, and he opened the work-box with one of them—they merely opened it; but Mr. Hickman wished them to look further, and they saw some lace—I did not see any of the other keys on that bunch tried to any drawer or trunk.
have lived there nine months—I know Miss Simons—I have often seen her come to Mr. Hickman's chambers—she slept there occasionally—she has very often been there on Sundays, when Mr. Hickman has been absent—I have seen her bring parcels and bundles—I have carried them up stairs for her—sometimes Mr. Hickman has been in the room when I have taken them up—I always carried them through the sitting-room into the bedroom—that was by Miss Simons' orders—I put them on the bed or on the drawers—I never put them in the drawers—there were two chests of drawers in the room—Miss Simons only had one set—I have never seen those drawers open, they were always locked—I have received three dresses and two cap-ribbons from her as presents—I have seen two boxes in the room—one I believe had been Mr. Hickman's box, the other was brought there about two months ago—I carried it up stairs—it was rather a large trunk—it was heavy, and seemed to have a good many things in it—Mr. Hickman was out of town at the time it came—Miss Simons brought it in a cab.
Cross-examined by SIR F. THESIGER. Q. You say she brought parcels with her at different times? A. Yes; she always asked who was up stairs when she came—I have sometimes told her that there were friends of Mr. Hickman's with him—I have twice carried parcels to the back part of the house by her orders, when I believe gentlemen were up stairs—you can get into the bedroom by the back stairs—when I have taken up things for her the back way, I have placed them on the bed, or on the drawers in the bed-room—the back stairs lead into the back bedroom, and you can get from there into Mr. Hickman's bedroom—if you go up the front stairs, you must go through the sitting-room to get to the bedroom—you pass in at one door and turn into the other directly—I could pass from the sitting-room door into the bedroom without Mr. Hickman seeing me—he always sat with his back to the door, and his face to the fire-place—I did not usually take a candle with me into the bedroom when Miss Simons came—I went in the dark, and the candle usually stood on the drawers—she used to go into the bedroom immediately, sometimes she would shake hands with Mr. Hickman, and pass into the bedroom, and sometimes she would pass in without taking any notice of him—I have not seen the parcels put away anywhere—on one occasions I saw her put some diapers away—I have heard her call the drawers "my drawers"—I never saw them open, except on one occasion, and then she opened them herself with a bunch of keys—I have several times tried the drawers, if I have seen anything about, or if I have seen a piece of ribbon hanging out, and found them locked—the boxes were kept under the bed when I saw them—the box that I carried up I laid in the bedroom, and I saw it there next morning—I afterwards saw it under the bed, I think the same evening, I will not positively say—I cleaned out the room, swept under the bed, and saw the boxes from time to time—I do not know who placed the box I carried up under the bed—Mr. Hickman's wardrobe and drawers were always open—no things were removed from the chambers after 19th Oct., except those taken by Mr. Marshall and the officer—Mr. Hickman left orders with me that nothing was to be moved, and if anybody came they were to have free access to every part of the room to search where they liked—Miss Simons' sister occasionally came to see her on Sundays, during Mr. Hickman's absence—she has come the first thing in the morning, about ten o'clock, and her sisters would call sometimes in the evening—they did not dine there very often—they did occasionally, in Mr. Hickman's absence—she had everything that was ordered for her, and I obeyed her as if she had been the mistress of the apartments,
according to Mr. Hickman's orders—I have received money from Mr. Hickman to pay for her cab-hire—I have never seen him give her any money—when she has not paid for the cab he has said, "What money do you want?"—I have not seen any money pass.
MR. ATTORNEY-GENERAL. Q. When Miss Simons brought the box which you put into the bedroom, it was in Mr. Hickman's absence? A. Yes—I saw it next morning in the same place in which I had put it—Mr. Hickman came home the following day—I first saw the box under the bed the last thing on the Monday evening—Mr. Hickman had come home in the morning, but he went out again immediately on business—he did not stop more than ten minutes—Miss Simons came in the evening—I rather think she was there when I saw the box under the bed.
GEORGE ALLISON (policeman, D 88.) I was called to the prosecutors' house on Tuesday, 19th Oct., and took charge of the female prisoner—I took her to the station, and received from her there a purse with money, and some keys—I afterwards returned to the prosecutors' house, and went up to the prisoner's room where her boxes were—there were two boxes, one of them was locked—I opened the locked box with one of the keys I had received from her—I took from those two boxes, property claimed by the prosecutors—I found some letters and papers in the locked box, which I took charge of, and now produce—the envelope with Mr. Hickman's name and address on it was also in the locked box—I produce every paper that was found in that locked box—I afterwards went with Mr. Marshall to Mr. Hickman's chambers, and there took possession of a large quantity of property, which has been produced—I first went with Mr. Marshall to make inquiry, and on the Thursday went again with Mr. Hickman, and found two large bundles on the floor—I have produced the contents of those bundles, and also the contents of the two boxes of which I took possession—I have had them in my possession ever since—I heard Mr. Hickman state that he understood Miss Simons had a salary of 200l. a year, and also state how he got acquainted with her, and where he met her the first time—he said he knew where she lived—I made a list of all the things I found.
Cross-examined by MR. SERJEANT WILKINS. Q. Did I understand you to say that you found two boxes in Miss Simons' room? A. There were two boxes up stairs that were pointed out to be hers—they were by the side of the bed—the locked one was against the wall, and the other under the window—the hasp of that was tied with red tape—Mr. Marshall and Mr. Stinton went up with me, and a female, to point out the boxes—she is here—I turned out the contents of the boxes—I took all out of the box that I unlocked; and everything that was marked, and Mr. Marshall said was his, I put on one side on the bed—I called for something to put the letters in, and this tin canister was brought me—it was placed on the table, and I put the letters into it whilst the things were being taken out—Mr. Marshall was pretty actively engaged in looking at the marks on the different things, whilst I was taking them out as fast as I could—there was a very great quantity—I handed them out one by one—I took the letters with me—I think I put them on the table until the tin box was brought, but I am not certain—I know no one touched them.
MR. BODKIN. Q. Was Mr. Stinton in the room? A. Yes, I think he was part of the time—he did not carry any of the letters away.
Mr. Hickman's premises—I called over the goods while they were written down, and examined it afterwards—this list contains an account of the goods so found—(looking at it)—I have put a fair value on the goods—they amount to 262l. 18s. 4 1/2d.—I have not put any value upon the things pointed out as presents from Miss Simons to Mr. Hickman.
JAMES MARSHALL re-examined. I cannot form any opinion of the value of the articles said to be presents—one of the articles found at Mr. Hickman's was, I believe, the blue glace dress which Miss Simons wore at the ball—that was given up amongst the rest of the worn articles—my house is in the pariah of St. Marylebone.
SIR RICHARD FREDERICK, Bart., having been called to the character of Mr. Hickman, the ATTORNEY-GENERAL rose to reply upon the whole case. Mr. SERJEANT WILKINS objected, no witnesses having been called for Simons, and contended that this right was limited to cases where parties were jointly indicted for the same offence, and did not extend to those where the offences were distinct, and where the parties might have been separately tried. See Archbold's Criminal pleadings, The king v. Hayes, 2 Moody & Robinson, 155; and The Queen v. Jorden & Cowmeadow, 9 car. & payne,118. The ATTORNEY-GENERAL considered that the resolution of the Judges gave a right to reply under the present circumstances, although he admitted it was a right to be exercised with great forbearance; he also stated that in the superior courts it was constantly the habit to reply upon the whole case where parties, jointly indicted, had severed their challenges. Mr.SERJEANT WILKINS did not think the resolution of the Judges extended to such a state of circumstances as the present. The COURT allowed the reply.
SIMONS— GUILTY. (See page 162.)
HICKMAN— NOT GUILTY.
( There were two other indictments against Mr. Hickman for feloniously receiving 6 pairs of stockings, and 12 pairs of stockings, the property of the same prosecutors, upon which the Attorney-General offered no evidence.)
NEW COURT.—Monday, November 29th,1847.
Before Mr. Recorder and the Fifth Jury.
GUILTY. Confined One Month.
THOMAS WALKER. I am a stove-maker, at 302, Oxford-street, London, and at Birmingham. The prisoner was employed by me to collect money—he was paid by commission—he was to account to Mr. Spencer, my clerk—the sums of 5l. on 12th July, 5l. on 16th Aug., and 2l. 10s. 9d. on 26th Aug., have not been paid to me by the prisoner.
Prisoner. I was not in your employ; you asked me if I would at my leisure hours gather money for you, which I said I would, for which I was to be paid. Witness. You received money for me, and were paid for it by weekly wages.
REV. HENRY LEE. I live in Noel-street, Islington. On 12th July I paid the prisoner 5l. on account of Mr. Walker; on 16th Aug. I paid him 5l. and on 26th Aug. 2l. 10s. 9d. on the same account, for goods which I had received from Mr. Walker—the prisoner said he came from Mr. walker, to apply for the amount due from me to him—he took out a book, and showed me a note of the exact amount I owed—he left acknowledgments of the several payments—I have them here—(produced)—I did not see him put his name to the last of these payments, it being paid by some of my people—he gave me the account of the others—no one was there but himself.
SAMUEL SPENCER. I am in Mr. Walker's service—he gave me instructtions to give the outstanding debts into the prisoner's hand to collect for him—I never received from the prisoner either of these sums—I gave him the accounts to collect, and he was to bring them in as he collected them—he brought in some accounts, but not these—he was to be paid ten per cent.—he paid me the money which he received net, and said he would settle with Mr. Walker, and take off his commission at last—I gave him a list of the accounts due in the lump—he had to collect 58l. 2s. 5d.—he has paid in 8l. 15s. 4d. but nothing on Mr. Lee's account—Mr. Lee's accounts were amongst those I gave him.
Prisoner. Q. Was I to pay in the accounts every day? A. No; you were to bring them as you collected them—you acknowledged collecting 36l. 16s. 7d.—you paid in 8l. 16s. 4d.
Prisoner. Mr. Walker told me to receive this money; not to put myself out of my way, but to do it at my leisure; I intended to pay in the whole in one lump. Witness. I discovered he had not paid in what he had received, about the middle of Sept.—I then went seek him—I could not find him at the address he gave—I found him at a public-house in Long-acre—he told me he had collected about 10l.—he came next day, and gave me this account of what he had collected (produced)—it has no date, but as near as I can recollect, it was on the 21st Sept.—he told me he had collected 36l. 16s. 7d. and gave me this bill—the account of these three sums are down in it—we took him in Oct.
Prisoner's Defence. I said, "Here is an account of all I have received," and brought him the list; he said, "Can you pay it?" I said, "No, but I have money to receive of a person who will be in town in three weeks or a month; if you will wait, I will give you the money;" he said he would not write to Mr. Walker if I would; I said I would; he gave me time, and when the time came, I wanted a fortnight longer, as the party was not come to town; shortly after Mr. Walker came to town, and I was arrested; I dare say I shall be able to pay him the money before Christmas if I get my liberty, if I do not I cannot.
(There was another indictment against the prisoner, upon which no evidence was offered.)
166. RICHARD MARSHALL and ELIZABETH MARSHALL , stealing 2 1/4lbs. of butter, value 3s., and 2 napkins, 6d. the goods of James Lane, their master; and GEORGE NICHOLLS , for feloniously receiving the same.
MESSRS. BODKIN and COOPER conducted the Prosecution.
JAMES LANE. I keep a private hotel, in St. Alban's-place, St. James's—I have a farm at Welsden, about five miles and a half from my place—Richard Marshall and his wife had the care of it—I kept cows, horses, sheep, and other stock—my hotel should have been supplied with butter and cream from that
farm—I set the police to watch, as I found I had not so much butter and cream as I ought to have—we were obliged to buy some—Marshall and his wife had directions to send me all the butter and cream—they were not to dispose of any—the butter was never brought to my house on a Saturday—the washing and other things were, but not the butter—the policeman afterwards produced some butter and butter cloths—the cloths are old table linen that was cut up for the use of the farm—the butter is mine—Mrs. Marshall is a Devonshire woman—she scalds the cream to make the butter, and it smells rather different to any other—I can swear to it—the cloths I am quite sure of.
Cross-examined by MR. PAYNE. Q. Do you mean you know the butter because she scalded the cream? A. I know it by the smell of it—there was nothing defective in this butter—it was the same as we usually had, and made up in this manner—Marshall and his wife came there on 19th Dec. 1846—I know the cloths by the patterns of my old table linen, which was cut up to bring the butter to town in.
DAVID CORNWALL (policeman, S 38.) I received orders and watched the house of Nicholls, at Kensal-green, on Saturday night, 9th Oct.—Mr. Lane's cart drove up to the door about ten minutes to eight o'clock—Richard Marshall got out and went to the back of it, and Elizabeth Marshall, who was in the cart, handed him out this basket—he received it and went into Nicholls's house—I was in plain clothes—I followed him in, and my brother officer followed me—I saw Marshall turn into a room at the back of the bar—he had to pass the bar where Nicholls was—I did not hear him say anything in passing—I followed as far as the room-door—Nicholls had left the bar and gone into the back room—I saw Marshall take something out of this basket and give it to Nicholls—he was going towards a cupboard in the corner of the room—I called to him to stop, he turned round, and I saw this butter in a plate in his hand—I had seen something taken from the basket, but I cannot say what—I asked him what he was going to do with that butter—he said he was not aware he was doing anything wrong, that he had received it before—I told him he must go with me to Mr. Lane's—he said, "Very well"—I said to Marshall, "Who authorized you to sell this butter?"—he made no answer—I took him in custody, and gave Nicholls in charge to the officer who was with me—when we got out of the house Marshall said, "The butter does not belong to my master, it belongs to that man standing there"—that was Hampton, who was standing at some little distance from the back of the cart—I asked Hampton if that butter belonged to him—he said no, he did not know anything about it—I did not hear Elizabeth Marshall say anything—I proceeded with the prisoners to Mr. Lane's, and showed him the cloths and the butter—the prisoners were given in charge—this is the butter in the cloths, just as it was taken.
Cross-examined by MR. HUDDLESTON. Q. Who was in the house at the time Marshall took in the butter?A. There might be half a dozen persons there, or more—I did not take notice—there is a way from the bar into the parlour at the back of the bar, and there is a door from the passage into the parlour—I saw no one in the bar but Nicholls—Marshall went from the passage into the parlour—there were several persons standing in front of the bar—Marshall took the basket in his hand.
THOMAS HAMPTON. I am a carpenter, and live at Kensal-green. I was at that time at work for Mr. Lane—on Saturday night, 9th Oct., I saw Richard Marshall get out of the cart at the plough, go round to the back, and ask his wife for the basket—she handed it out to him—he took it into the plough—I went along with him as far as the door—I saw the two policemen
follow him in—I remained outside—I saw the policemen coming out with Marshall and Nicholls—the policeman asked Marshall whose butter it was, and he said, "It belongs to that young man," meaning me—the policeman said, "Does this butter belong to you?"—I said, "No; I don't know anything about it"—Mrs. Marshall said softly to me, "Own it; say it in yours"—I said, "No; I know nothing about it"—she was so close to me that she could touch my elbow—I had been at the plough on the previous Saturday, at the same time, to go up to my master, and saw Marshall take a basket similar to this into the plough, and I heard Nicholls say to him, "Bring the same next Saturday"—the plough is form a mile and three-quarters to two miles from Mr. Lane's—Mr. Lane's name is on his cart, which is well known on the road.
Cross-examined by MR. PAYNE. Q. Before Mrs. Marshall said, "Say it is yours," had not her husband spoken to her, and had she not got out of the cart?A. Yes—she was standing near me—her husband was by the horse-trough, about three yards off.
Cross-examined by MR. HUDDLESTON. Q. Did you notice any one else there? A. No—I was leaning on the bar counter when Nicholls said to Marshall, "Bring the same next Saturday"—Marshall was in the passage—Nicholls said it out loud, or I could not have heard it—I might be a yard and a half off.
CHARLES ALDEN. I am a batter, at King-street, Old Kent-road. On 10th Sept. I assisted my master, Mr. Groves, to remove his furniture from Harlesden-green to Kensal New-town—going along I observed Mr. Lane's cart before us—I cannot say what time it was—it was day-light—Mr. Grove called my attention to the cart stopping opposite the plough—two trusses of hay were taken out, and Marshall handed out something done up in paper or white cloth, which appeared to me like butter—the hay was given to the ostler and the butter to Nicholls—he took it in—I went to Nicholls in Oct.—a conversation passed between us—I believe I began it—we were playing at skittles, and I said to Nicholls, I was very sorry to see him in the situation he was in—he said it was a bad job—we had some brandy and water that we had been playing at skittles for—I was afterwards taken by Nicholls to another house, where there was a friend of his—I went with him and that friend to a public-house, and there a conversation took place in Nicholls's hearing—his friend said to me, it was easy for me not to swear to Nicholls, because the two were so much alike—Nicholls said it was no use going on in that way—I had told him previous to this, in his own house, that he was the man that I had seen take the parcel—he had said at his own house that if he knew me better he should know what to do—his friend said I had better be out of the way—Nicholls was not present at that time.
Cross-examined by MR. HUDDLESTON. Q. Was that after Nicholls had been remanded before the Magistrates?A. Yes—I went there to see whether Nicholls was the man I had seen receive the parcel—I was sent there, and got into conversation and played at skittles—I was not sent to do that, or to get into conversation—I was not told to speak to him—I am a hatmaker, but am out of employ—I cannot say when I made hats last—I have been out of work a good bit—I work occasionally for Mr. Groves—I make bodies for hats and cover them—I cannot say how much I have earned in the last three months at hat-making—I have perhaps not made a dozen hats within the last month—I have had no work to do—I made seventeen in a week on one occasion—I got 6s. a dozen for the hat bodies—it is eight months since I have been in regular employ—the last person was Mr. Jones, of Chatham-place—I was eight or nine months with him—I have here a
discharge from the Hon. East India Company's service—distress drove me to their service—I know nothing of any deficiency in the accounts—I ran away through distress—I was not charge with robbing my aunt—I did hear about it—I then went into the East India Company's service, and was away seven years.
MR. COOPER. Q. Why did you leave? A. I could get no employ—✗ great many journeymen hatters are out of employ at this time—I have worked for Mr. Groves about eight months—I am paid according to what I do—I left my father's house to get my living as I could—when the butter was handed out of the cart to Nicholls he shoved it under the tail of his coat, to hide it as much as possible.
WILLIAM WALTER GROVES. I live in Panton-street, Haymarket. Alden is my servant as a journeyman hatter—he was worked for me seven or eight months—he is what we term a body maker—I had a cottage for five years near Mr. Lane's farm—on 10th Sept. I was removing my furniture from there to Kensal New-town—Alden was assisting me, leading the pony—I saw Mr. Lane's cart about twenty yards before me—it drew up at the Plough—after it had drawn up my attention was called to it, and I saw a person standing by the side of the cart with the ostler—they separated, the ostler 2 took two trusses of hay out of the cart, and placed them in the coach-house—I then saw Marshall stoop down, and take something out of the cart, in his hand, and pass it to a person by the side of the cart—I waited behind the cart, and saw where the hay was deposited—I saw at the same time a person leave the cart and pass into the house with that which I had seen taken out of the cart—I told my man to notice it—I believe the party to be Nicholls, but I could not identify him—my object was to identify the ostler with the hay—I should have given him in custody then, but I did not know whether Mr. Lane authorized his man to sell it.
JOHN PHARAOH. I live at Kensal New-town. I lived with Mr. Lane two years and a quarter—I have been with Marshall several times to Nicholls' public-house—I have heard Marshall address Nicholls by name—I have not heard Nicholls speak to Marshall by name—on 14th or 15th of April Mr. Lane's daughter was married—on that occasion I went to Nicholls—I saw Marshall there—he and Nicholls had some drink—I drank with them and George the ostler—they had some rum and water—Marshall addressed me and said, "Pharaoh, what do you think master said a few days ago? if he ever found you tattling about me or I about you he should never think any more of either of us."
RICHARD MARSHALL— GUILTY. Aged 36.— Confined Six Months.
ELIZABETH MARSHALL and NICHOLLS— NOT GUILTY.
MR. PARNELL conducted the Prosecution.
FREDERICK MARCHANT. I am a brush maker, at Lyall-place, Pimlico—the prisoner was in my employ on 3rd July, and had been for a month or two—he gave me an order that day from a person named Gill—he said he was a grocer at Brixton, and had given him an order for half a dozen seven-inch dusters, four dozen stock brushes, and four dozen common tools—he said Mr. Gill had promised to pay for them at the end of them months, from the time of delivery—the prisoner was employed to make the brushes, and they were sent—I afterwards went to Brixton; I could find no such person as
Mr. Gill—I have been since, with the same success—the prisoner remained with me till Sept.—I have never been paid for the brushes—on 28th Aug. I told the prisoner I had every reason to believe Gill was a false name and address, and said I wished him to state whether it was so, and likewise some others—he said it was a false name and address—he had asked for the goods in Mr. Gill's name, as an order for Mr. Gill—I should not have let him have the goods except in some one's name.
Cross-examined by MR. PAYNE. Q. Have you told us all he said? A. As far as I recollect—the brushes were worth 3l.—they were not actually furnished till 30th July—he had represented that he had a certain number of friends who would patronize me—he was not to have anything for the brushes—he had no certain wages or commission, he was on piece-work—he got on the average 27s. or 30s. a week—he afterwards said Mr. Gill and some others were customers of his, and he wished to retain them, and did not like to tell their names and addresses—he had at the latter end of June sold some damaged tools for me, and paid 12l. 12s.—he did not then conceal the name of the person who bought them, and say it was a person in the Westminster-road—he gave the name at the time the goods were taken.
THOMAS SAUNDERS ALLEN. I am foreman to Mr. Marchant—an order was given for these brushes—I made it up on 30th July, for Mr. Gill, of Brixton—I do not remember on what day it had been given; it was some time previous—I delivered the orders to the prisoner—I afterwards said to him, "I suppose Mr. Gill is like the others, a false name"—he said it was false.
Cross-examined. Q. Did he not say they were some customers belonging to himself, and he wished to retain them? A. He has said so frequently—I do not recollect his saying it at that time—he has said it about others—I will swear Mr. Marchant has not received 47l.—I am not always with him; but I should know it from his books—I have since ascertained that some damaged tools were sold to Mr. Langdon, of Westminster-road.
MR. PARNELL. Q. Do you know how much is short of what the prisoner ought to have paid? A. About 20l.
MR. PAYNE. Q. Out of how much? A. About 40l. or 47l.—it is not out of 56l.—there is a very large discount in our trade, on painting brushes thirty-five per cent., and other goods ten per cent.—I never heard of seventy per cent. of 3l. 12s. out of 7l. 13s.—I did not hear Mr. Langdon swear before the Magistrate, that in a bill of 7l. 13s. there was 3l. 12s. discount.
Q. Did you not hear this, "the bill was 7l. 13s., the discount was 3l. 12s., I paid 4l. 1s.?" A. Yes, the prisoner took that discount off, and, conesquently, was selling my goods to Mr. Langdon at a less price than he ought to have done.
MR. PARNELL. Q. You know nothing of Mr. Langdon? A. No; he was the person who purchased the damaged tools—all we found was, that the prisoner had sold goods at that discount.
COURT to MR. MARCHANT. Q. In what way were these goods entered to Gill; did you make the prisoner the debtor, or the person whose name he gave? A. The person to whom the order was sent, Mr. Gill, of Brixton—I have never had an account with the prisoner, omitting the name of the person who dealt with me—I never booked the prisoner, only the customer—I received money through the prisoner from the customer.
GUILTY. Aged 32.— Confined Nine Months.
(There were two other indictments against the prisoner.)
JOSHUA ROBINSON. I live in Lamb's-court, Seven Dials, and work for Mr. Curtis—I took charge of all the bricks in the vessel, Thomas Sarah—Mr. Duggin was employed to cart them—the prisoner was in his service—on 17th Nov. he had bricks from that vessel—the four last loads were 1,000 in each load—they ought to have been taken to Holborn.
MICHAEL DUGGIN. I live in Earl-street—I contracted with Mr. Curtis to cart the bricks from Scotland-yard—I employed the prisoner as carter. On 17th Nov., in the evening, the prisoner brought a load of bricks to Neal's yard—he said it was too late to unload them at the building that evening, the men had left off work, he would unload them the next morning—they should have been delivered at the corner of Newton-street, Holborn.
Cross-examined by MR. O'BRINE. Q. How far is Neal's yard from the corner of Newton-street? A. About a quarter of a mile—I did not see the load of bricks after they got outside the yard.
LAWREENCE STRVENS. The prisoner should have brought a load of bricks on the morning of 18th Nov. to Newton-street, Holborn—he did not—I went to Duggin, saw the prisoner, and accused him of making away with a load of bricks—he said he had taken them to Newton-street—I was able to contradict that—he did not bring them.
Cross-examined. Q. What time did you see the prisoner that morning? A. At nine o'clock—he said he had delivered them—my son was there, and a dozen or two of men—I went that morning, at half-past six o'clock—I left at a quarter before eight o'clock, and came back at a quarter before nine—there were two loads of bricks delivered that morning—I do not know how many were delivered the day before—there should have been four men delivering bricks that morning, and there were only two.
WILLIAM STEVENS. I am the son of Lawrence Stevens. On 18th Nov. my father went to breakfast at a quarter to eight o'clock, and returned at a quarter to nine—the prisoner did not bring any bricks that morning while my father was gone.
Cross-examined. Q. What time did you go there? A. At half-past six o'clock—I took a memorandum of the bricks that came—there were two loads delivered that morning—one came while my father was there, and one while he was gone to breakfast—one was brought by a chap they call Country George, and one by Little Bill—there were fifteen or sixteen men at work—it was Little Bill who came while my father was at breakfast.
JOSEPH HOILE (policeman, F 95.) I was on duty in Holborn on the morning of 18th Nov., from six till nine o'clock—I had to pass the building at the corner of Newton-street—the prisoner did not deliver any bricks there between six and nine o'clock—I had my eye on the premises, and saw who came—I knew the carters all well—I took the prisoner that day—when he was given in charge, he said he did deliver them that morning—he said at the waiting-room in the office that he knew nothing about them, he had never taken them out of the yard—that was when Mr. Duggin told him he had got himself into a deal of trouble.
Cross-examined. Q. Do you pledge your oath that you had your eye on these premises? A. Yes—it takes me about a quarter of an hour to go
over my beat—I saw the two loads that were unloaded—I can swear no third or fourth load could have been delivered that morning without my seeing them—I should have noticed the prisoner, knowing him so well.
COURT. Q. You saw two loads? A. Yes, they were delivered by George Harris and William Freegrove—they were all that came.
COURT to MICHAEL DUGGAN. Q. How long does it take to strike 1, 000 bricks? A. From half an hour to three quarters—it is a difficult place there to unload them—a policeman on the beat would be there before it was over—I believed this is the prisoner's first offence—I will try him again.
GUILTY. Aged 36.— Confined One Month.
GEORGE WILLIAM ILSLEY. I am a brass-finisher, at Portland-place, St. James'—I have a workshop in St. Ann's-row, Westminster—I left it fastened up safe on 14th Aug.,—next morning, the trap-door of the shop was found open, and I missed two china jars out of the shop—I afterwards missed two bottles—I knew the prisoner in the neighbourhood—I did not employ him—these are the bottles.
Cross-examined by MR. PAYNE. Q. What was the value of these things? A. The bottles are worth 1l.—the jars did not belong to me—if they are not brought forward, I have to pay 3l.—I went to some sale-rooms, and from what a dealer said to me there, I went to Mrs. O'Brien—I found my bottles there.
HONORA O'BRIEN. I am wife of John O'Brien, of Monmouth-street, St. Giles's—the prisoner came to my place three or four months Ago, and brought two china jars and two china bottles to sell—I gave him 20 s. for them—he told me they were his own, ands he bought them at a sale—I sold the jars to a person in the trade—they were traced to me.
Cross-examined. Q. Have you not made a slight mistake about what you gave for them? A. No, these are the bottles (produced)—they are real china—my husband was in business about six years—he was tried for receiving stolen goods, and transported—I have kept the business on—I had every reason to believe what the prisoner said—I have known him two years—I do not know the value of these things—I did not conceal them—I do not keep a book to enter the things that I buy—I sold the jars for 1l.—I would have got what I could for these bottles.
Cross-examined. Q. He said he did not steal it himself, it was given him by another person? A Yes—I asked the person's name, and where he lived—he said he did not know—when he got to the station, he said he sold them for 6s.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Three Months.
THIRD COURT.—Monday, November 29th, 1847.
171. THOMAS DAVIS , stealing at Paddington, 4 half-crowns; 1 penny; and 2 halfpence; 1 bag, value 4d. and 1 handkerchief, 4d. the property of Maria Asquith; and 53 forks, 19l. and 23 spoons, value 10l., of Isabella Lowes, in her dwelling-house.
MARY ASQUITH. I am cook to Mrs. Isabella Lowes, a widow, of South-well-place, in the parish of Paddington—it is her dwelling-house—on 18th Nov., about half-past twelve o'clock, I was coming down the kitchen stairs, and saw the prisoner running along the passage from the pantry—I ran after him into the street, and called "Stop thief"—he had a bundle under his arm, in a red handkerchief—I saw several people after him, and returned to the house—he was brought back by a policeman with this property—I missed four half-crowns and two pence, which were mine—they had been on the kitchen dresser.
Prisoner. Q. Did you see me round the house? A. I did not see you till I saw you running out of the house—you wore a different dress and a lighter handkerchief than you have on now.
THOMAS BOSWORTH. I am a butcher, at 6, Cambridge-place, Paddington—I was coming down Radnor-place, about half-past twelve, heard "Stop thief," called, and saw the prisoner running at the bottom of South well-court with a bundle under his arm, which he threw over an area-railing—it sounded like the breaking of glass—I followed, and caught him in Oxford Mews—I did not lose sight of him—I gave him to the policeman.
Prisoner. Q. Did not I go through the back of Gloucester-square, and was not I going through the mews when you caught me? A. You could not have done so, as those are contrary ways.
GEORGE GROUNDWELL (policeman, 170 D.) I was on duty about half-past twelve—heard a cry of "stop thief," saw the prisoner running, ran after him, and saw Bosworth stop him—I took him in charge, and took him down the area—I had not seen anything thrown down there—I found this plate there (produced), and this red handkerchief which was open, and the plate all exposed under the area window—I asked the prisoner if he knew anything about it—he said "No"—I searched him and found half-a-crown and a halfpenny, but having the plate I could not search him thoroughly—I took him to the prosecutrix's house, and then to the station, searched him again, and found three half-crowns, a penny, and a halfpenny.
Prisoner's Defence. I did not steal the plate; the money found on me was the change of a sovereign which my father had given me to go to market with.
GUILTY. Aged 26.— Transported for Ten Years.
THOMAS LONSDALE. I am in the employ of George Thompson, a pawn-broker, of Frederick-place, Hampstead-road—he keeps and lives in the house—on 1st Nov., a little after six o'clock, I heard the shop window crash—I ran outside—the window was broken and some things gone—two gentleman brought me articles—a gentleman who is not here brought the prisoner into the shop, and said when "stop thief" was called, he opened his arms and caught the prisoner—the prisoner said he broke the window, but not with intent to steal—he did not say it was an accident—I was examined before the Magistrate, and signed this deposition—(read—"the prisoner said it was an accident")—I do not recollect his saying so—I found two lockets under the shop window—they had been hanging inside the window before—I missed a silver watch, which has not been found—they could not have got out by the window being broken, as there are large irons in the window, which the things are clenched round by brass wires, which were broken—the things were George Thompson's property—the prisoner was four or five yards from the window, when I first saw him being brought back.
WILLIAM ROGERS. I am a cabinet-maker, at Upper Cleveland-street—on 1st Nov., a little after six o'clock at night, I was looking in at Mr. Thompson's window—the prisoner was at my side—there was no one else there—I turned away, and had not got three yards before I heard the crash of glass—I turned round and saw the prisoner make off—he was caught, and taken into the shop—Mr. Thompson asked me to stand by the window to protect the property—I put my back to the window—it was broken—it was not broken when I looked through before—I saw a young man pick something up, and said, "Whatever you have bring it here"—he brought it to me—he had nothing to do with it except picking it up.
THOMAS JACKSON. I live at 62, Early-street, Regent's-park—on 1st Nov., about twenty minutes past six in the evening, I was passing Mr. Thompson's, heard a crash, turned, and saw the prisoner's arm through the window—he withdrew it almost immediately, and made off—a gentleman caught him in his arms—he said it was quite accident, and begged the gentleman to let him go—it appeared to me that it might have been an accident—I picked up a chain from the ground and gave it to Mr. Thompson.
Prisoner. I did not it was an accident, but somebody shoved me; I said, "I will go into the shop with you, I did not attempt to run away, I did not beg the gentleman to let me go? Witness. You did attempt to run away, but the gentleman held you too tight—I picked up the chain about the length of this Court from the window.
WILLIAM HUMPHREY. I was looking at some diamonds in Mr. Thompson's window, and saw the prisoner with a dark handkerchief tied round his hand—he shoved his hand in, he then took his hand out, and ran—he was caught by a gentleman—I gave information.
Prisoner. It is false; I had no handkerchief round my hand. Witness. I saw it round your hand before you broke the window.
JAMES MASON (policeman.) On 1st Nov, I went to Mr. Thompson's and found the prisoner—I searched him—he said, "You can search me if you please, but it is not legal"—I searched him, and found two dirty handkerchiefs and a comb on him.
Prisoner's Defence. There was a mob there; the window was broken by
my elbow as I twisted suddenly round; I had no handkerchief in my hand, but when the gentleman caught me, I pulled out my handkerchief, and wiped my mouth.
JURY to WILLIAM ROGERS. Q. How many people were there at the window? A. Only the prisoner and me—there was no pushing—there was no one else between there and where the chain was found.
JAMES MASON re-examined. This is Mr. Broughton's signature to these depositions—(read—the prisoner says, "I did the act, but not with a felonious intent; it was not an accident; I did it intentionally; I was in a state of starvation; as I pulled my hand out, the things came out, but not intentionally.")
GUILTY. Aged 27.— Confined Twelve Months.
REBECCA PRUSINOWSKI. I am wife of Theophile Prusinowski, a chair-maker, of Bayham-street, Camden-town—he rents the house, it is in the parish of St. Pancras. The prisoner was in our service—on 18th Oct. I left her with the child in the house, and I went out about three o'clock in the afternoon, leaving no one else in the house—she had been in my service four weeks that day—I told her to light a fire in the bedroom—I came back about four—the street-door was fast as it was when I went away—I knocked several times, nobody came—the child was crying bitterly, and I let myself in with a key which I had—the prisoner was gone—nothing had been got ready for me—I missed a gold watch and chain from the side of the fire-place, which were perfectly safe when I went out; also a black-silk cloak from the children's bed, a black silk scarf from the side of my bed, and a silver watch from over the mantelpiece in the back parlour—they were all quite safe when I left—the prisoner went away without her wages, and left her clothes—3s. was due to her—she did not come back.
THOMAS MASON (policeman, M 259.) On 19th Oct. I took the prisoner in Russell-street, Bermondsey—I told her what it was for—she said she was very sorry—I asked her if she had any property about her—she said she had got what she had got in her hand—it was half-a-crown, two halfpence, and a farthing—she said that was all she had got—I am sure of that—I took her to the station.
GEORGE WADDINGTON. I am jailor of Clerkenwell police-court. After the prisoner was remanded by the Magistrate, something was said about her having fresh clothes on—she declared she had no fresh clothes, but said, "It is true I committed the deed, but I let the man have the things, and he has not sent me any money"—I said, "You ought to tell the policeman"—she was taken into the cell.
THOMAS SUNMAN (policeman, S 93.) On 1st Nov. the prisoner was remanded—she said to me, "What do you think I shall be done to?"—I said, "I do not know; it appears a very clear case against you"—she said, "I did take the things, I am very sorry for it; I hope I shall not get transported: I pawned the scarf at a pawnbroker's, near King's-cross; and the silver watch at a pawnbroker's, at Dockhead: the gold watch I did not know what to do with; I was in the Borough, crying, and met a girl, who I did not know; I told her; she said, I can tell you where to get rid of it; she took me to a place in Kent-street; the man there said it was broken, and could not allow us more than a sovereign; we had 10s. between us."
Chichester-place, Gray's-inn-road. I produce a scarf and a cloak, pawned on 18th Oct., to the best of my recollection, by the prisoner.
GUILTY. Aged 17. Recommended to mercy by the Jury. — Confined Twelve Months.
174. JAMES GIBSON, the younger , stealing at St. Clement Dance, 1 brooch and 3 rings, value 15l. 15s., the goods of Samuel Lovett, his master: and 1 watch and guard-chain and seal, value 7l. the goods of Samuel Robert Lovett, from his dwelling-house; and JAMES GIBSON. the elder , feloniously receiving the same.
MARY ANN LOVETT. I am wife of Samuel Lovett, surgeon, of Clare-street, Clare-market—it is his dwelling-house. On Thursday, 21st Oct., the elder prison came, and brought the younger prisoner to my husband, as errandboy—we engaged him—we had no character with him—we took him on his father's recommendation—he said he was well known by people in the neighbourhood—he had to carry the medicine out, and clean the windows and shoes—on the following Tuesday I placed a silver watch on the dining-room mantelpiece—the boy had been cleaning the bed-room window where my jewellery was, on the Monday—he left on the Tuesday without notice—he was hired by the week—after he was gone I missed a brooch and diamond-ring, worth from 6l. to 12l. a pearl-ring, a mourning-ring, and watch and guard, worth 6l. or 8l.—they were in my looking-glass drawer, in my bedroom—he must have gone from one room into the other to take them—they were safe half an hour before they were lost—the prisoner did not come back—there were wages due to him.
James Gibson, Sen. Q. Did not I wish you to make inquiries about my son on his entering your services? A. No, you told me you were well known to the inhabitants, but I found no one knew you—you did not produce testimonials to me—you mentioned the name of Mr. Sinclair—I was to give the boy 5s. a week—you said he might be leaving in six months' time.
ELIZABETH WADEY. I am single, and am in Mrs. Lovett's service. On Monday morning, 25th Oct., about ten o'clock, I placed some rights and a brooch in a glass drawer in the bedroom—the same afternoon my mistress asked me where I had put the rings—I said, in the boy's presence, "in the looking-glass drawer"—next day he went up to clean the bedroom window—I left him, and went to dinner—he went out, and never came back—I went to the drawer within half an hour, the rings were gone—he had been cleaning windows in the adjoining room.
James Gibson, Jun. Q. Did you never steal lozenges out of shop, and give me some? A. Never—I did take some tamarinds one morning—the shopman came into my bedroom one night when I was going to bed.
CHARLES CRISP. I am a labourer, at Coburg-terrace, Westminster. On a Wednesday or Thursday, at the letter end of the last month, I saw the elder prisoner in White Lion-street—he showed me a silver guard like this (produced)—I cannot swear this is it—he asked me if could sell it—I took it into two or three different places, but could not get more than 3s. 6d.—I returned it to him, and said I could get 4s. for it—I afterwards sold it for 4s. to Mr. Haines—when he gave it me, there was a watch to it—he took it off, and put the watch in his pocket—he did not let me ha✗ the watch—he told me i.e found it, he did not say where—there was a little guard to it, with a
seal, with a sort of reddish stone, which he gave me with it, but I dropped it out of my hand.
James Gibson, Sen. I produced no watch. Witness. It was similar to a watch—it was at night.
WILLIAM HAINES. I am greengrocer, at Little White Lion-street. On 26th or 27th Oct. Crisp brought a guard to me—I cannot say whether this is it—I did not see it many minutes—I sent it to a watchmakers, to know what it was worth—I gave 4s. for it, and then sent it by my wife to the watchmaker's to be repaired—it was returned in two days—I believe this to be the same—I kept it a week afterwards, and then gave it to the officer—this has been mended.
James Gibson, Sen. Q. Who was the watchmaker? A. Mr. Ronald, of Little St. Andrew's-street—he lives next door to Neal's and Smith's.
JOSEPH THOMPSON. (policeman 62.) On the night of 3rd Nov. I went to 8, Conduit-court, Long-acre, to the first floor—the elder prisoner opened the room door—I said, "Is Jim (meaning the younger prisoner) at home?"—he said, "No," and asked me what I wanted—I told him I thought my boy had gone to the theatre, and I thought his boy had gone with him—his wife said it was a policeman, and he said I should not come in—he ultimately answered me out of the window—he afterwards opened the door—I went into the room and said, "I want your boy Jim"—he pointed to a boy sitting on the bed, and said, "There is my boy"—I said, "You have got another"—he said, "I have got no other boy but that"—I looked under the bed, and found the younger prisoner—I took him to the station—the elder prisoner followed—I took him, placed him at the bar, and told him he was charged with receiving a watch and guard, and selling it to Crisp—he said he knew nothing about it.
James Gibson, Sen. I had no bed; we were lying on straw. Witness. There was a bedstead, which the younger prisoner laid under, and there was a rug in another corner—they appeared to sleep in their clothes.
J. Gibson, Jun.'s Defence. I left on account of the late hours I had to work, having wounds on my legs, and not being able to stand; and I was obliged to go about the neighbourhood to get rum and brandy on credit, and the people would not let me have it, and said I did not come from Mr. Lovett at all; I gave the shopman my address when I left; he wrote it down in Mrs. Lovett's presence.
MRS. LOVETT. re-examined. He did not say he wounds in his legs, and could not walk.
James Gibson, Sen.'s Defence. I am innocent; my boy left because I did not wish him to stop; he left his address with the shopman; he would have been at sea now if it had not been for this; this is not the chain that I had; the watch-maker is not here; there is a person in his employ who takes things out of night for sale; the chain I had had longer links.
MRS. LOVETT. re-examined. Mine was a silver guard-chain—this is very much like it—it was on the watch.
JAMES GIBSON, Jun.— Guilty. Transported for Seven Years.
JAMES GIBSON, Sen.— NOT GUILTY.
THOMAS HUGHES (policeman H 52.) On Sunday morning, 18th April, at ten minutes past six o'clock, I was going into my own house, opposite Messrs. Heaton and Co.'s Italian warehouse, and saw the gate standing open, and a
hamper inside, a few yards from the gateway, by the cellar door—the prisoner was standing a few yards down street, and Wharf, a man who has been tried, was a few yards off—I went into my house, went up stairs, and watched them from the window—Wharf lifted the basket up on Burn's back—he then looked in at the window, and said something to Burn, who made a motion with his hand, and then crossed to the other side of the way with the hamper on his back,—I went down and followed Burn—I got close to him, but the court was so narrow I could not lay hold of him—I said, "Jim, what have you got there?" and laid hold of his collar—he dropped the hamper, and knocked me down—I received severe bruises on the legs, and could not follow him—he got away—I am quite sure of him, I have known him two years—I took the hamper to the station—there were twenty-four bottles of preserved fruit in it—I returned to Mr. Heaton's, and found the cellars and warehouse open—the keys of the cellar were lying on the steps—I went further in, and found every warehouse door open, and the stable door and the loft also—it was then half-past six—I afterwards took the prisoner.
THOMAS WILLIAM MARCH. I am foreman to Charles and James Heaton, Italian warehousemen. The prisoner was in their service—Wharf was their carman—I was called up in the morning, about half-past six o'clock, and saw the hamper, with Messrs. Heaton's goods in it—they had been in the cellar under the house before they were taken.
Prisoner's Defence. A man who works for Messrs. Heaton asked me to carry the hamper; I said, "No," at first; he said I must come, he would give me a few shillings; I did so, as I had not got a coat, or a bit of bread.
(The prisoner received a good character.)
176. DANIEL O'NEIL , feloniously assaulting Harriett Rippengal, the younger; putting her in fear, and stealing from her person and against her will, 1 handkerchief, value 6d., the goods of John Rippengal; and 2 towels, 6d., the goods of James Ormiston M' William.
HARRIETT RIPPENGAL , the younger. I am in my thirteenth year, and live with my father and mother. On 10th Nov., at night, I was going along the Commercial-road, with two towels wrapped up in a handkerchief, which belonged to my father—the prisoner pushed me down, took my bundle, and ran away—I had never seen him before—I am sure he is the boy—I saw him about a quarter of an hour afterwards—he pushed me down first, and then took the bundle from me, as I still held it—my father's name is John.
WILLIAM SMITH (policeman, K 220.) About six o'clock in the evening of 10th Nov. I saw last witness with another little girl in the Commercial-road—they were both crying—she told me something—I went after the prisoner, caught him in a doorway in Devonshire-street, and asked him where the things were—he took one towel out of the bosom of his coat; I found the other one and the handkerchief at his feet—he said he did not steal them, the girl dropped them, and he picked them up.
Prisoner's Defence. I tumbled against her, and she fell down; I fell on her: she dropped a towel and handkerchief, and other people picked up some, and I picked up some.
GUILTY. Aged 15.**— Confined Six Months.
177. CHARLES NICHOLSON , burglariously breaking and entering the dwelling-house of John Cruttenden, about two in the night of the 21st Aug., with the intent to steal, at St. Dunstan's, Stepney, and stealing therein 1 order for the payment of 7l. 5s., his property.
JOHN CRUTTENDEN. I live at Hawkhurst, Kent.—in Aug. last I was keeping the Ship public-house, in the parish of Stepney; I lived there. On Sunday morning, 22nd Aug., about eight o'clock, I was called by my wife—I looked out of the first-floor window, and found fourteen or sixteen tiles had been moved from the scullery, which adjoins the bar—there is a communication without going into the air—I went into the scullery, and found some one had cut the laths, and got through the roof—a knife was left there—a person could get from there to the lower part of the house—I found the bar all in confusion, missed 8l. or 10l. in gold and silver, and a check for 7l. 5s., which had been on the mantel-shelf, in a mug—the money had been there too—this is the check (produced)—I have seen the prisoner before, but not to be well acquainted with him—I went to bed the night before about half-past twelve, everything was quite safe then—I had cashed the check the same evening.
Prisoner. You say when the scullery is got into there is no further obstruction; there are two doors to get through. Witness. There had been doors previously, but there was not then—the moment you got in you would have free access to the bar parlour and tap-room.
WILLIAM COLE. I am cashier to Martin and Co.'s, bankers. On 5th Nov, about three o'clock in the afternoon, the prisoner presented this check—I am sure it was him—payment had been stopped—I asked how he came by it—he said he found it—I asked if he did not know he was committing a fraud—he did not answer—he was detained, and given in charge.
JOHN SMITH (policeman, K 228.) On the evening of the 5th Nov. the prisoner and the check were given into my charge—going to the station, he asked me what I thought they would do with him—I said he must produce the gentleman he took the check of—he said he had not taken it of any one, but found it in Lombard-street, on the Tuesday before.
Prisoner's Defence. I found the check in Lombard-street, on the Tuesday previous to taking it to the bankers'.
GUILTY. Aged 19.— Transported for Seven Years.
178. MARIANNE LAYCOCK , stealing 10 yards of cloth, 1 Victorine, 2 pairs of socks, 2 yards of ribbon, 1 parasol, 4 pairs of stockings, 1 apron, 2 handkerchiefs, and 3 pinafores, value 2l. 6s. 10d.: the goods of Thomas Slater, her master, and CHARLOTTE WALSBY , for feloniously receiving the same.
THOMAS SLATER. I am a linen-draper, at North-place, Kingsland-road. Lacock came into my service on 15th or 16th Sept., and left on the 7th Nov.—on that day, Sunday, a little after eleven o'clock in the morning, she went out to Church and took my son, who is nine years old, with her—while she was gone I went into the kitchen where she slept, and found a bandbox which was hers, partly open—I saw several lengths of ribbon and two pairs of stockings in it, which I believe to be mine, and in another bandbox two pairs of stockings, a flannel petticoat, and a skirt, my property—they were new and had been in the shop—I found in a drawer in the kitchen, which was not locked, a black corded skirt which had my private mark on it, and two pairs of stockings—there was no one in the house but my wife and children—I had no apprentice, and no other servant or shopman—I went to the station
and got a policeman—after dinner I called Lacock, and charged her with robbing me—she denied it—I gave her in charge—she said she was innocent, or something to that effect—I took her to the kitchen, where the bandboxes were, and found three boxes locked—I asked if they were hers, she said, "Yes"—she gave the key to the policeman, he opened them, and found all this property—(produced)—here are twenty-five pairs of stocking, two parasols, two dozen gloves, eight or nine black lace falls, sixty or seventy yards of lace, and other articles—they are my property—she said the lace was hers, but she knew nothing of the other things—they are worth 30l.—she was taken to the station—next day I went to Walsby's house in Seaton-street Commercial-road—I knew her by her coming to see her daughter-in-law—I saw her—the officer told her in my presence that her daughter was taken up for robbing her employers—she said, "I know the gentleman very well"—the officer asked her if she had got anything belonging to Marianne Lacock—she said she had not—he said, "Is this your apartment?"—she said, "Yes," and she had no objection for him to search—he commenced searching—she took the things out of her boxes herself—nothing was found—the policeman then turned over her boxes, and found a parasol, two pairs of socks, a pair of stockings, a Victorine, and some Coburg cloth—(produced)—they are mine—she said they were given her by Lacock, except the cloth, and that she bought the socks in the Commercial-road—she was taken to the station.
Cross-examined by MR. HORRY. Q. Do you speak to them from their general appearance? A. Yes; and by having goods like them—I did not miss them till they were found.
Walsby. Q. Did not I say he was welcome to search, and if he found anything I would tell him how I came by it? A. Yes; I said at first I did not think I could swear to the cloth, but after examining my stock I found a piece of cloth had been cut in such a manner that it had not been done by me or my wife.
THOMAS ZINZAN (policeman.) On Sunday afternoon, 7th Nov., I went to Mr. Slater's—Lacock was called up, Mr. Slater told her he suspected she was robbing him—she said, "No, sir, I am not doing that"—he said, "This is an officer," and asked her for her keys—they were given me—I searched her boxes, and found the property—I afterwards went with Mr. Slater to Walsby's house, and told her what I took her for, she positively denied it—I said, "Have you any little present which has been brought here, or anything you have fetched away; recollect yourself, you are in custody, to save your-self all trouble you had better give up any little things you have?"—=she distinctly said, "I have nothing"—I said, "If you are an honest woman you will have no objection to my searching"—she turned over three boxes—that did not satisfy me—I turned them over and found some cloth, which Mr. Slater said was part of his property—she said, "I believe I did have that of Marianne"—I asked her for her duplicates—she produced some—I selected some which I thought connected with the case, went to the pawn-broker's, and found property with the private mark on it—she afterwards said, "Well, I did fetch several parcels for Marianne, but I am sure I do not know what they contained."
RICHARD SNELLING. I am assistant to Mr. Bond, a pawnbroker. I produce a piece of cotton and a handkerchief, pledged on 28th Sept., I cannot say who by—I gave a ticket for them—I produce some pinafores, pledged, I believe, by Walsby, but I cannot say—these are the duplicates I gave—(looking t those given up by Walsby).
Walsby's Defence. Lacock used to sleep at my house when out of a situation; she told me last summer she would give me something for my kindness when it was in her power; she brought me a frock, two pinafores, and other things for my child; I wanted some money one day and pledged them; I did not know they were stolen; she gabe me a piece of print, which she said she gave 1s. 11 1/2d. for.
JURY to THOMAS ZINZAN. Q. Was there a parcel found at Walsby's house? A Yes—she said it was given her by her daughter—there was another daughter—she said one parcel found in her box was left by her daughter Marianne.
LAYCOCK— GUILTY. Aged 19.—Recommended to mercy by the Jury. — Confined Twelve Months.
WALSBY— GUILTY. Aged 40.— Confined Eighteen Months.
(There was another indictment against Laycock.)
SUSANNAH TOLFREE. I am the wife of John Tolfree, of Crawford-street, Marylebone. The prisoner was in my service—on 8th Nov. I gave her 4s. 3d. to pay the baker—he came two hours after—the prisoner was then gone, and had taken the money and her things—she had not given me notice—she had been with me five weeks—there was 2s. 6d. owing to her.
Prisoner. Miss Douce was my mistress; you were not. Witness. I considered myself your mistress—my husband is master of the house—you were partly engaged by Miss Douce, my aunt—I gave you my husband's money—I took it from Miss Douce's hand, and told you to pay the baker.
JOHN STANLEY (policeman.) I took the prisoner a week afterwards—she was charged with taking 6d.—the charge was read over to her at the station—she acknowledged taking the 4s. 3d., but said she did not take the 6d.—she said that Miss Douce and Mrs. Tolfree were partners in business.
Prisoner's Defence. I am quite innocent; I ran away because it was not possible for me to serve two mistresses; the money was given me to pay the baker; I took that with me.
SUSANNAH TOLFREE. Ihad a sheet safe in a drawer in my bed-room, on Sunday morning—I missed it on Monday—I spoke to the prisoner about it twice—she said she knew nothing about it—after the prisoner left, on Tuesday, I searched and missed a bonnet, a pair of stays, and four yards and a half of lace, from a drawer in the shop—no one else could get into the shop, because it had been closed five weeks—I had a lodger; she is an officer's widow, and would not have taken it.
and found the prisoner sitting on a step in Orchard-place, Portman-square—I said, "Betsy, I want you for robbing your mistress in Crawford-street of a Tuscan bonnet and other articles"—I knew her before—she said, "Mr. Stanley, I did not steal them"—she was taken to the station—Mrs. Tolfree charged her with stealing a bonnet, stays and 4s. 9d.—she denied it—she gave me her address, 19, Orchard-place—I went there next morning, and found a handkerchief and some lace.
MRS. TOLFREE re-examined. This edging is mine—I had twenty-one yards of it—she must have cut this off—this piece of ribbon must have been taken from a drawer in the shop—this handkerchief is mine.
Prisoner's Defence. I bought the ribbon at Mr. Hunt's shop, and this small tie her sister made me a present of—the things are all mine.
GUILTY. Aged 21.— Confined Twelve Months.
JOHN MORIARTY. I am in the service of William Thorpe. On 2nd Nov., about half-past six in the morning, I missed two bushels of apples from the stand in Covent-garden—I put them there myself—I am quite sure they had not been sold—Mr. Thorpe sells—he is not here—the other man were on the opposite side of the shop; they have a right to sell—I have seen the apples produced—they are the same sort, and the baskets have my master's name on them—they are the same we had—the baskets are never sold.
THOMAS WALDER. I am a porter in the market. I saw James Jeffery in Hart-street, about twenty minutes to eight—he watched for a few minutes, and then Gammon joined him—they talked about five minutes—Johnson and Mr. Arnold then came up, and said, "That is them"—they were taken to the station—I saw this basket in a cart near where they were standing—it is Mr. Thorpe's.
Gammon. It is false to say you saw me standing there; I had not stopped when I was touched on the shoulder.
FREDERICK JOHN JOHNSON. I am beadle of the market. About eight o'clock in the morning of 2nd Nov., I went with Walder into Bow-street—he pointed out a barrow to me—I found some vegetables in it, and two sacks containing apples, which were Mr. Thorpe's, the sacks were not—I took possession of the apples—I took Gammon in charge—Elizabeth Jeffery came to the station to claim the barrow—I apprehended her as being in company with Gammon.
Elizabeth Jeffery's Defence. If I had been guilty I should not have gone to the station; I can prove the goods were mine; I bought them; I am innocent, and my husband also; I was not in connexion with Gammon.
182. ELIZABETH JEFFERY and MARY GAMMON , again indicted for stealing 1 bushed of apples and 1 basket, value 5s., the goods of Thomas Henry Pankhurst; and JAMES JEFFERY , feloniously receiving the same.
about a quarter before eight o'clock, I was at my stand in Covent-garden, and saw the female prisoners go to Mr. Pankhurst's stand, two stands from mine on the same side—his name is Thomas Henry—they waited four or five minutes, till his attention was taken off—Gammon then took a basket—I followed her to Hart-street—she put it on the ground, put the apples into a sack, put the basket into a cart, and carried the sack—I followed her to the Garrick Hotel, Bow-street—James Jeffery then took the sack from her, and put it into a cart—I went and told Mr. Pankhurst—the barrow remained there till I came back—I took the beadle to it, and said, "This is the sack I saw the apples emptied into"—I then took him to a cart in Hart-street, and he found a basket with the name of Wilson on it—I had lost the prisoners—I went to the market, staid three or four minutes, saw Gammon and Elizabeth Jeffery, I followed them to the corner of James-street, and gave them in charge.
COURT. Q. Was Elizabeth Jeffery present when the basket was taken? A. Yes—she stood opposite—they had been in company, and were talking before.
FREDERICK JOHN JOHNSON. I am beadle of the market. I saw the barrow in Bow-street, and two sacks of apples on it—I went into Hart-street, and saw the cart with two bushels in it—one had "Wilson" on it—there were two apples in it, which I compared with those found in the sack, and they corresponded—they were King-pippins, a peculiar sort—I took them, and took possession of the basket—James Jeffery and Gammon were afterwards pointed out to me in conversation, close to the cart which the sieve was in—I took them in charge—James Jeffery said the apples had been given to him to carry by the other prisoners, for which he had received 1d.—I asked where the 1d. was—he said he had spent it in beer—Gammon said they were given her by another woman, to carry for her—Elizabeth Jeffery came to the station, and having seen her with them I took her in charge.
Gammon. You took the apples out of the sack in the station-house, put them into your pocket, and said they were found in the sieve. Witness. They fell out of the basket on to the ground, and I put them into my pocket—when I had compared them, I put them into my pocket again.
THOMAS WALDER. I am a porter, at Covent-garden. I saw James Jeffery in Hart-street, about eight o'clock—Gammon joined him—they talked about five minutes—there were two carts close by them, from one of which Johnson took the sieve—there were two in one cart and one in another—one was marked "W. Thorpe," and another, "F. Wilson."
JOHN WHITE. I am in the service of Thomas Henry Pankhurst, fruit-salesman, of Covent-garden. I was at the stand, and missed the apples—they has been sold by my master, and put on one side—I missed them five minutes after they were sold—they were not my master's property then—the baskets were—we were to take care of the apples till they were sent for.
Elizabeth Jeffery. Q. Did not I lift you an empty sieve to stand upon, because you were too short, when you wanted to put these sieves on a man's head? A. No; I never saw you in my life before.
COURT. Q. Did you see the apples at the station? A. I saw a bushel of King-pippins; they were those which had been left in my charge—this is the basket that they were in—I know it (produced.)
Gammon's Defence. A woman asked me to carry the sieve of apples to Covent-garden Theatre—I carried them to Hart-street—she said she should be back directly—she was going to get 1s. for it, and said I could shoot
them out, and bring the sieve back—I shot them into a sack, and asked Mr. Jeffery to carry them—he put them on his own barrow.
Elizabeth Jeffery's Defence. I bought the apples in the market—my husband being unwell, I would not let him go into the market, and he stood by the barrow—he received them safe.
ELIZABETH JEFFERY— GUILTY. Aged 34.
GAMMON— GUILTY. Aged 27.
JAMES JEFFERY— GUILTY. Aged 37.
Confined Two Months.
WILLIAM FLIGHT. I am a shoemaker, in Church-street, Lisson-grove, On Monday evening, 15th Nov., about half-past five o'clock, the prisoner came for a pair of clogs—she tried several pairs on, none would do, and she went out—after she was gone Mrs. Hanton told me something, and I went after the prisoner, stopped her about twenty yards from the shop, told her she had something, and saw the toe of a Wellington boot under her shawl—I took her back to the shop, and found the fellow boot under the chair she had sat on—I sent for a constable, and gave her in charge—they had been hanging on a nail at the back of the chair she sat on.
Prisoner's Defence. I laid down a gown in the shop which I had with me, and when I took it up I picked up the boot with it, and did not know it—it was drink that did it.
THOMAS HAZELDINE re-examined. I produce a certificate of the prisoner's former conviction—(read—Convicted Dec., 1845, and confined six months)—I was present at the trial—she is the person—she was convicted before that, and several times since.
GUILTY. Aged 26.— Transported for Seven Years.
CATHARINE LEWELLYN. I am the wife of Thomas Lewellyn, of Grosvenor-row, Pimlico. On Thurday evening, 2nd Nov., I went to a public-house in Grosvenor-row—I had some gin and some beer with the prisoner—we then went to another public-house, and had some gin-and-water—I had a bundle on my lap with two gowns, a petticoat, a shawl, and a new pair of boots in it, which were all my property—my husband afterwards came in.
Prisoner. I am guilty of pledging them, but not of stealing them, did not you give me them? Witness. No.
THOMAS LEWELLYN. I heard my wife was in the public-house, I went and found her there with the prisoner—I saw this bundle on her lap when I went in—I did not drink anything—I saw the prisoner take the bundle from my wife's lap—I thought it was her own—I ordered my wife to come home—she then said some one had taken her bundle—I challenged the
prisoner with it—it was under her left arm—she said she would not give it up, that it was her own—she did not say how she came by it—she got out before me, and ran as hard as she could—I could not catch her.
Prisoner. Yours wife said, "Here is my husband, do not let him see I have got the things." Witness. I heard her say, "Here is my husband;" I did not hear her say, "Do not let him see"—I was sober—my wife was sensible, she had been drinking; she knew what she had been doing—I had had half a pint of beer.
MRS. LEWELLYN re-examined. These things produced are my property—the prisoner had one of my gowns on when she was taken.
Prisoner's Defence. She said to me, "Here is my husband, do not let him see the things;" she gave them to me, and I covered them with my shawl, and was going to take them home by her orders; I got into company, and being in liquor was persuaded to make away with them.
Prisoner. Q. Did you see me with anything when I came down? A. You had no bundle when you passed me.
MARIA ROGERS. I am sister of last witness. The prisoner hired a room for the night and slept there—next morning, half an hour after he was gone, I missed a gown, a shawl, and a veil, which had been on a chair in the room where he slept—there was no one else in the room.
Prisoner. Q. Did not other people sleep in the house? A. Yes, but they had gone out.
JACOB VANDENBURGH. I am a marine-store dealer, at Rosemary-lane. On Saturday morning, about three weeks before I was before the Magistrate, the prisoner came to my shop and offered me a black veil for sale—I refused to buy it.
Prisoner. You were continually pulling me by the jacket when I passed your shop; I said I should strike you, and you said you would get somebody to settle accounts with me. Witness. I never did so.
THOMAS KELLY (policeman,) I took the prisoner, and told him he was charged on suspicion of stealing a veil and other articles from the coffee-house—he denied knowing anything about it—I found a few halfpence on him—this was five weeks afterwards—the things have not been found—on the morning of the robbery I went to Vandenburg's shop—he said a veil had been offered him, and described the prisoner to me.
ELIZABETH BRITTAIN. I am a widow, and keep a coffee-house in East Smithfield. On the night of the 20th Oct. The prisoner came to me to lodge—I showed him a bed-room, and locked him in—I went to the room next morning between eight and nine o'clock, found the door unlocked, and the prisoner gone—the servant had opened the door in the morning—I missed two pairs of sheets, a counterpane, and two towels, not ten minutes after he was gone—I have not seen them since.
Prisoner. Q. Was I the only lodger? A. We had eighteen besides you.
MARGARET LAZAROWICH. I am wife of Giovani Lazarowich, and live with my mother, the last witness. On the morning of 21st Oct. I let the lodgers out at half-past six o'clock—they all belonged to the docks but the prisoner—every one went but him—I saw the things safe, and he was in the bed-room after the others had gone—no one else slept in the room—I went up stairs between eight and nine o'clock to call my mother prisoner was in his room then—I came back in ten minutes afterwards and he was gone, and the things also—there was no one else in the house but the servant, who was cleaning the yard.
Prisoner. There was a woman at the bottom of the stairs.
JACOB VANDENBERG. I am a marine-store dealer. On the Friday morning, between nine and ten o'clock, the prisoner came to me and offered a patch-work quilt for sale for 8s., and two brown cotton sheets, which were tied up in a towel under his arm—I refused to buy them—he went away.
Prisoner. I never went to your house. Witness. You did; I told you to go, or I would kick you out.
THOMAL KELLY (policeman.) I took the prisoner and told him the charge—he said, "I know nothing about it; I was never at the North Country Coffee-house"—I had not told him the name of the coffee-house—I had said it was opposite the London Docks.
Prisoner's Defence. They were in the coffee-room when I went out, and some of the lodgers were at the door, and would have seen me if I had the things.
WILLIAM CHARLES POTTER (policeman, K 212.) I produce a certificate of the prisoner's former conviction—(read—Convicted, May, 1843, having been before convicted, transported for seven years)—I was present at the trial—he is the person.
GUILTY. Aged 59.— Transported for Seven Years.
FRANCES SOOLEY. I am a widow—the prisoner occasionally charred for me—these four caps produced are mine, and were taken from my premises—I cannot exactly say when—I missed them on 23rd Nov.—I had seen them safe a fortnight or three weeks before—I spoke to her about it on 23rd—she said if I suspected her I had better search for them—I had no one else about me but her—I told a policeman next morning—he searched her box at her father's; she
told me it was her father's, and that she lived there—we found these things in it (produced)—they are mine—they are worth 9s.—she was not present.
Prisoner. You gave me the things for work; you gave me the gown I have on now. Witness I did give you an old gown, but not any of these things.
Prisoner's Defence. A few of these things belonged to me, and are my hard earning; the rest she has given me; she promised me an old gown, for last week's work; she gave me the these caps at different times, when I have been at work for her.
(There prisoner received a good character.)
RICHARD BELLSHAW. I am a seaman, on board the ship "Bullfinch," lying in St. Katherine's Docks—on 24th Nov., between ten and eleven o'clock I came on deck and saw the prisoner come out of the forecastle—I said, "Halloa, scamp, what are you doing here?"—I did not know him before—he said, "I have come for a letter"—I knew there was a letter lying to be posted, with 6d. attached to it—I went down and found my cheat open, which was in the place where the prisoner was coming from—my things were all turned over—I missed a hat—in the evening, going home from my work, my shipmate recognised the prisoner—I laid hold of him, and gave him a charge—he had my hat on—this is it (produced)—it is worth 4s.—I only knew him by seeing when I saw him, but I had no notion then of its being mine.
Prisoner. I got the hat from another vessel which I was on board of. Witness. I can swear to it—the lining was the cushion of a barge which I belonged to—it has never been worn—I made it myself in China.
GUILTY. Aged 18.— Confined One Month.
JAMES POORE. I am an apprentice—on 19th Nov, the vessel was in Fletcher's Dry Dock, Poplar—I went to work in the morning, and left my jacket in the forecastle, with 2 handkerchiefs and 4 half pence in the pockets—I missed them about half-past twelve—they were safe between ten and eleven—I saw the prisoner on board between nine and ten—he had no business there—this jacket (produced) is mine.
Prisoner. Q. I told you I would come for it next evening? A. Yes, but you did not; you sent another man.
GEORGE NICHOLL. I took the prisoner in Barwood's shop—he said he bought the jacket for 10s., pledged it for 3s., and sold the duplicate to the man who was with him for 1s. 6d.—he claimed it as his—he took me to a house opposite the London Docks, where he said he bought it; but the man denied his being in the shop for a week—this is Mr. Yardley's writing to this deposition (read—the prisoner says, "I did not pawn it.")
Prisoner's Defence. I did not steal it; I bought it, and paid for it honestly; but was groggy at the time. GUILTY. Aged 23.— Confined Three Months.
OLD COURT.—Tuesday, November 30th, 1847.
PRESENT—Mr. Ald. WILSON; Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald.
Before Mr. Recorder and the Fourth Jury.
CAHRLES THORPE. I am a paper-hanging manufacturer, in Devonshire-street Mile-end—the prisoner was in my service as traveler, at 25s. a week—it was his duty to receive money from my customers, on my account—Mr. Smith of the Old Kent-road, owed me two sums of 8l. and 2l. 5s. 10d. and Mr. Tanner 2l. 11s. 9d.—the prisoner has not accounted to me for those sums—he paid me 5l. from Mr. Smith, not 8l.
ROBERT ARTHUR SMITH. I am a house-decorator, in Northampton-place New Kent-road—I deal with Mr. Thorpe, and was in his debt—I paid the prisoner, on his account, 8l. on 9th July, by a check, and he wrote his name, "T. Pells," on the back of the check, and on the bill—he did not give me a stamp receipt—on 16th Oct. I paid the prisoner 2l. 5s. 10d., also by check, having no spare cash—I have his receipt for that—I have the 8l. check here, but the other; it found its way to my banker's two days after, and they are not here—I have no pass book.
Cross-examined by MR. PARNELL. Q. How did you pay it? A. With a sovereign and five shillings.
MR. THORPE re-examined. On 9th July the prisoner gave me 5l. in cash—he did not produce a check for 8l.—he did not bring me a check from Mr. Smith, on 16th Oct.; he brought some money from other parties—he brought me no money from Mr. Tanner's on 31st July.
Cross-examined. Q. Who keeps your books? A. I do; the prisoner had nothing to do with them—I always kept them locked up—he made no entries at all, only on pieces of paper, which I entered into my book—these three sums were not all he had to collect on that day—this was all the money he brought me home (producing a list)—he gave me this piece of paper on Saturday—he used not to pay me on Sunday morning, only when he came home late on Saturday—he used to empty the bag out and count the money—it was not put into the bag again—it was his bag—he did not write this paper in my presence; it was ready written—he did not take the bag, write down the money, and then explain on the paper what he had received—I have received as much as 24l. of him, and sometimes not more than 3l.—he has sometimes told me from memory, but generally had a paper—I always entered it when he told me from memory—I charged him next day, Oct 28th, with not returning me the money he had received—I gave him into custody on Nov. 20th or 21st—I was positive before how much I had lost,
and he said they still owed me the money—I was aware I had lost 5l. 0s. 10d.—I owed him no wages—this was on Wednesday—I had paid him on Saturday night; his daughter came on the next Saturday for his wages—I said I owed her father nothing, that he had earned nothing—I did not say I should keep it to pay for what her father owed—his wages were 25s. a week, but he had drawn 11s., and had four pieces of paper-hanging of me that week—he made a regular practice of drawing every day—I saw him on the following Monday, and asked what he had done with the money—he said he did not know, it went in dribs and drabs—he gave me a list of what he had received—I wrote it down—I did not give him in custody then, as I was not positive he had received all the money—he wanted me to take him back—I said I could not—I did not hear him say anything about paying me by instalments—he said he would send into the country and got some money to pay me, if I would let it be a week or two—Henry Thorpe is my brother—he is a paper-seller in Church-street, Shoreditch—he does not live with me—I let him part of my factory as a workshop—he in not my partner, and has no share in my business.
COURT. Q. Should you had any objection, if the prisoner had cashed the check and brought you the money? A. I never allowed him to change anything if I knew it—he brought me the 5l., and said that was all Mr. Smith paid him—he has been with me two years and a half or three years.
GUILTY. Aged 37.— Confined One Year.
192. WILLIAM FARMERY , unlawfully forging and uttering 40 papers, called scrip certificates, of the London and South-Western Railway Company; with intent to defraud Charles Tomkins: other COUNTS, varying the manner of stating the charge; to which he pleaded
GUILTY.— Confined Fifteen Months.
193. ANN SIMONS , stealing on 1st Oct., at St. Marylebone, 1 pair of sleeves, value 1s. 6d. 3 collars, 1l. 1 pair of cuffs, 6s. 6d. 141 handkerchiefs, 24l. 7s. 13 scarfs, 17l. 13 shawls, 53l. 16s. 6d. 12 yards of tassore, 4l. 14s. 6d. 16 yards of damask silk, 5l. 8s. 93 yards of glace, 36l. 5s. 7d. 28 yards of corded silk, 32 yards of satin, 14l. 14s. and a great variety of articles amounting altogether to upwards of 500l. the goods of James Marshall and another, her masters; and BENJAMIN SIMONS , feloniously receiving the same, well knowing them to be stolen; 2nd COUNT, for receiving, harbouring, comforting, assisting, and maintaining the said Ann Simons, well knowing her to have committed the said felony.
MR. ATTORNEY-GENERAL with MESSRS. CLARKSON and BODKIN conducted the prosecution.
JAMES MARSHALL. I am in partnership with Mr. Stinton, as silk-mercers and drapers generally, carrying on a large business in Vere-street, Oxford-street—the prisoner Ann Simons was in our service for two years and a half, and was employed in the cloak-room, among other things to cut out goods for the purpose of having them made up—to the time when these discoveries were made, I was not aware that she had a father alive—I never had any conversation with her about her father; but I always understood, from the whole of our establishment, that she had no father; not from herself. On 19th
Oct. last, in consequence of discoveries I made, I gave her into custody—we have at various times missed large quantities of silks, lace, hosiery, gloves, shawls, ribbons, and other things—from circumstances that transpired, on 22nd Oct. I went down to Gumley, near Market Harborough, in Leicester-shire, to the house of the prisoner Benjamin Simons—he keeps the Harborough Arms there—I arrived there about ten or half-past ten o'clock at night—I told him that they my name was Marshall, and I wished to speak to him privately—he said he did not know the name of Marshall—I said it appeared to me a very extraordinary thing that he did not know the name of Marshall; that his daughter had been living with us for three years; that she had been in the country, for her holiday, last Christmas, and that I had been told that her holiday was spent at his house—he appeared to be very excited, and said it was a hard thing that he should be accountable for what his daughter had been doing in London, 100 miles away—I had not then told him what his daughter had done—I told him that he appeared to be a most unnatural parent, that he seemed to care so little about it—I then told him that his daughter had been robbing us to a large amount, and that I was in search of a hair trunk, that his daughter Ellen had brought down there, and left in the back bedroom—he declared most positively that he had not seen such a trunk—I told him it was useless to deny it, as his daughter Ellen had given me the information, and told me where I should find it—I told him at all that had passed between me and Ellen, and asked if he had any communication from London—he said he had not—I described the sort of trunk I meant, and said without he gave it up I should apply for a search-warrant—he said I might search without one—I then inquired of him and some other persons who were in the house at the time, for the address of the Magistrate—I did not get it, and went across the road to a cottage, and knocked the people up to inquire where the Magistrate lived—I got his address, and went to him—I had no constable with me at that time—I went into the back bedroom before I left the house, but saw nothing there—I went into two bedroom, but did not find the trunk nor anything that I could recognize as mine—there was a stout gentleman there, named Buzzard, who, when I was making inquiries about the trunk, called Simons on one side, took him by the collar, and said, "Ben, Mr. Marshall appears to have a very straightforward story, if you know any-thing about the truck described, or any of Mr. Marshall's property, or if you know where it is, I entreat you as a friend to give him up the property, and give him any information you can"—he can stated he knew nothing about the hair truck or any of our property—on going to the Magistrate he gave me a search-warrant, and sent his servant with me to call the constable up—I then returned with the constable to Simon's house and searched it—that was about half-past twelve at night—he was sitting drinking and smoking the whole of the time—we searched the whole of the house, the drawers, and all the outhouse—Benjamin Simons kept saying that he had no property of ours, and knew nothing about it, and was jeering me very much the whole of the time—he said he would go with me to London and help me to search, if I would pay the expenses up to London—there was a derision in what he said, and in his manner as well—it was said in an offhanded sort of way—we found several things in some chests of drawers in each bed-room, which I could identify as having been ours—the greater part of them had been worn, and were of great value when new—they were not the things I was in search of—there were several small shawls, a silk dress, a lace bonnet
and various articles of females' wearing-apparel, some new linen for pillow-cases, which I recognized, and a piece of new material for a dress—I and the officer brought them down into the kitchen where the prisoner was sitting, and I told the constable to take him as my prisoner, that I had sufficient to transport him—I was very angry—he seemed very frightened and agitated—the constable at first did not take him, he said he would have another pipe of tobacco first, and sat down—he was a special constable—I then told the men who had driven me over from Leicester to take the harness of the horse, for I was determined to stop there till the morning—Simons then said, "I suppose you do not want to do anything to me if I give you up the hair trunk"—I told him it was the trunk that I wanted—he said he wished to speak to me outside the door, alone—I told him that anything he had to say must be in the presence of the constable—we all three went outside into the yard, and he refused to say anything—we then returned into the house, and he said, if I would allow the constable to go with him he would give him up the truck, to which I consented—I remained in the house, and he and the constable went out together—they returned in about ten minutes with the hair trunk—I saw it in the yard—this now produced is it—I then inquired of Simons if that was all he had got of our property—he said it was—I asked if he had the key of it—he said he had not—I asked if he was certain it had not been opened—he said he was positive it had not been opened since it had been brought down by Ellen—he did not say when that was—he then called me on one side again, and asked if I would write to the Magistrate to say that my firm belief was that he knew nothing about the hair trunk that I had found in his house—I said that I felt bound to write to the Magistrate after his kindness to me in giving me the search-warrant at the late hour, and to tell him what had transpired—I ordered my chaise, the trunk was put in, and I took it to Leicester—I there examined it, and in consequence of what I saw, and did not see, in it, I set out for Gumley again in less than ten minutes, taking the same two men with me—Gumley is fifteen miles from Leicester—I went to the house of the Rev. Mr. Abthorpe, the Magistrate, and Simons came to me there—I told him that he had not given me up all my property, that I was certain that he had a large quantity more concealed—he said he had another large chest, and if he gave it up he supposed the Magistrate would not do anything to him—the Magistrate said he could not hear of anything of the kind, and sent for the constable and gave him in charge, with the goods contained in the hair truck—we then proceeded to Simon's house, and on the road he said it was a very large chest and very heavy, and that he would be bound I should be satisfied with the contents, if I would let him escape—I told him that I had no power to do so, that the constable had him in charge and the property—we then went to his house; the Magistrate followed us, and told Jesson the constable not to let Simons escape, or any of the property be taken away—when we got to the house Simons spoke to the constable, and told him where he would find the chest—I did not hear what he said—he called the constable aside—the constable went and got the assistance of another man, a horse-dealer I believe, and in about ten minutes they returned with a large oak chest—Simons was not with them—his wife gave me the key—I am not positive whether it was in his presence or not—the chest was placed in the parlour, and I unlocked it in the presence of Simons and the constable—a piece of silk handkerchief laid on the top, which Simons laid hold of and wished me to give him—I said I should do nothing of the sort—he was perfectly sober—it was about eleven o'clock in the morning—(the oak chest was here produced
and opened)—the thing were not lying as they are now, with newspapers at the top, but articles of ours were visible—this is the piece of handkerchiefs that was lying at the top—many of these articles have our private mark upon them—all the things in the chest are included in this indictment—here is a piece of printed jaconet muslin, a piece of figured muslin, a muslin skirt, and an embroidered tassore dress, worth three guineas and a half—these dresses are made in this state at our shop—all these articles are new.
COURT. Q. Is there an assortment of goods such as would be required to stock a shop, or are they taken without regard to any particular assortment? A. They appear to have been taken without regard to that, they are all of the most expensive kind, and all new.
MR. CLARKSON. Q. What is the value of the articles contained in that oak chest altogether? A. About 400l.—we have made a list of them amounting to that, but many of them cost us a great deal more than they are put down at in the list—the private marks have been taken from many of them—this silk has no mark on it, but it was made expressly for our house—no other house had any of this pattern—this is an embroidered lines dress. made very recently—it was in our possession within a few months—it is worth 15s. 6d.—here is an expensive dress, which was in our house last summer, and this is another silk of a pattern made expressly for us—when we sell goods we generally take off the private mark—these are cambric handkerchiefs, with our private mark on them—they are worth 5s. 6d. each—this is a piece of Irish linen, the private mark is washed off, but our name is on it, "Marshall and Stinton, importers"—it his been washed throughout—these are silk stockings of 10s. a pair, with our mark—I have looked through all the articles contained in the oak chest, and there are none which I have not reason to believe formed part of our stock—when we had got the oak chest on the top of the fly that I had engaged, and the trunk placed inside, Simons told me that his son had brought the key down, naming some day in April, I believe, I am not positive of the day, but my impression is that he said on the Thursday after his daughter had been taken into custody—that would be the 21st—he referred to the fact of his daughter being taken into custody—he said it was the Thursday after she was taken into custody—he said that she had packed the things in the chest when she was down last Christmas, and that he knew no more than I did what were the contents of the chest—he had previously told me that when I saw its contents he would be bound I should be satisfied with them. and let him escape—he said it was his chest, and it had not been unlocked since she had packed it last Christmas—when he was before the Magistrate he stated that the hair trunk had been put over the hedge while we were searching—I do not recollect that he stated why—that was not said at a time when any deposition was taken, or anything written down, but when the Magistrate had no clerk or any assistants—I do not recollect his stating anything that had been done either with the trunk or chest in consequence of what his son had told him.
Cross-examined by MR. HUDDLESTON. Q. How many persons were there in your employment during the day time? A. We employ between forty and fifty persons at our premises in Vere-street—I should say the greater part of them slept on the premises—we had only two that slept out—neither myself nor Mr. Stinton have lived there for the seven years—Mr. Snellgrove managed the establishment—Madame Louise managed it only for a very small portion of the time—some person having the management of the establishment was always on the premises—all the goods that have been produced to-day could not have been taken at one time—we kept a sufficient
watch to prevent any large parcels being taken away without the permission of the person in charge of the establishment—we have porters, who are under the control of the principal shopmen and shopwomen—they received their orders from Mr. Snellgrove, Mr. Stinton, or myself, or Mr. Brown, who is in our employ—they take parcels for the young persons, I have no doubt, after the hours of business—they are not allowed to do so—so large a parcel of goods as that contained in the oak chest could not be removed at one time without coming to my knowledge, but the hair trunk might—previous to the last nine months, the young persons were allowed to purchase articles in small quantities over the counter—I always understood that Miss Simons had some property beyond her salary.
Cross-examined by MR. PRENDERGAST. Q. What was the exact expression that Benjamin Simons used about this oak chest before you saw it? A. He said, on our way to the Magistrate's house, that it was a very large chest, and very heavy, and he would be bound I should be satisfied with the contents if I would allow him to escape—he did not say it had not been opened at all, but that it had not been opened since his daughter had been there—after it was found, he said he did not know the contents of it any more than I did—that was as I was about to leave, with the chest on the fly—he was perfectly sober in the morning when the oak chest was given up—I should say he was perfectly sober when I first went into the house on the overnight, but he was drinking and smoking—he did not appear to me to be tipsy, or under the influence of drink at any part of the time—I first went there about ten o'clock at night. and stopped until half-past three—I got back at about half-past ten o'clock in the morning—he was up then—I cannot say whether he had been up all night—I was away from the house six hours
COURT. Q. Do you recollect the words he used in communicating the fact that his daughter had packed the things at Christmas? A. He said his daughter had packed the oak chest at Christmas, and that it had not been opened since that time—there was no reference to his own knowledge of, or being present at, the packing.
THOMAS JESSON. I live at Gumley. I was called up about one o'clock in the morning of 23rd Oct., to execute the search-warrant—I accompanied Mr. Marshall to Simon's house—Mr. Marshall told him that he was in search of hair trunk—Simons told me to take candles and light Mr. Marshall, and whatever property of his we found he was to take—he did not say whether he had the hair trunk or not—I took a light, we searched, and found some lace and other things, which Mr. Marshall claimed—I afterwards found the hair trunk—Simons gave it to me in the homestead—he took me there—it was in the open air that he gave it to me—he left me in the home-stead while he went and fetched it—he was not gone more than five minutes—I lost sight of him for that time—he went in the direction of a barn which is near a hedge, the hedge is on the right side—he came in a direction from the barn, carrying the hair trunk—I saw Mr. Marshall again about nine o'clock the same morning and went with him from the Magistrate to Simons's house, and there received possession of the oak chest now produced—I found it in Miss Simon's barn, upon some straw—Simons told me where to fetch it from—I cannot say how far the barn is from the house—it did not take me more than two minutes to go and fetch it—the barn belongs to the Misses Simons, two sisters of his—they do not live with him, but at another house, on the other side of the road—the barn is attached to the sisters' house—the chest was against the wall, upon some straw, five or six feet from the
ground—there was some loose straw about it, but I could see the chest, and the man that was with me saw it, and helped me carry it—the straw was packed—the chief part of it was in battens—the chest was in about the middle of the straw—we had to get up on the straw to get hold of it—it was about six feet within the outside of the straw—that was the same barn from which I had seen him bring the hair trunk—when I went to look for the oak chest the straw appeared to have been disturbed—there was some loose straw about—I have known Simons as a neighbour.
Cross-examined by MR. PRENDERGAST. Q. You are not a constable? A. No, my brother is the constable, but he was not at home, and I was sworn in to execute the search-warrant—I did not take Simons into custody—the Magistrate told me afterwards not to let him go—that was no the second occasion—it was before that that I had declined to take him into custody—I have known him ever since I can recollect—he has always borne a most excellent character in our neighbourhood—I never heard anything but the atmost honesty of him—he has lived within a mile of there all his life—he formerly had a farm there, and now keeps a licensed public-house—he has eight or nine children.
MR. BODKIN. Q. How many of them are at homewith him? A. Two boys and a girl.
(MR. HUDDLESTON here called upon the prosecutors to elect upon which act of larceny they would proceed, it being clear that all the property could not have been taken at one time. MR. BODKIN replied, that if called upon to elect at all, it could not be until the close of the case. The COURT was of opinion, that, although the articles ultimately found in the hair trunk might have been separately taken by the servant, yet that by their remaining on the premises they reverted onto the possession of the master, and that the removal of the trunk afterwards was one act of larceny of all its contents.)
DAVID EVANS. I am a porter, in the employment of Messrs. Marshall and Stinton. I carried the hair trunk produced, from my master's premises to Madame Devy's 73, Lower Grosvenor-street, by Miss Simons's order—it is more than four months ago I think—I delivered it to the hall-porter there, and saw him give it to Ellen Simons, the prisoner's sister, who lived there—when Miss Simons gave me the trunk, she told me to take it down, and be sure to see her sister, and give her the trunk, and I did so—I corded the trunk at Mr. Marshall's—Miss Simons told me to do so.
ELLEN SIMONS. I am the daughter of the male prisoner, and the sister of the female. In July last I was living at Madame Devy's, in Grosvenor-street—in the middle of July last I received this hair trunk from Evans—in consequence of a communication that he made to me from my sister, I took the trunk to my father's house at Gumley—I did not receive the key with it—I cannot say whether my father was at home when I arrived—I did not see him directly I got into the house—I saw him during the time I was there—the trunk was deposited at his house—I could not say which room I left it in, because it was removed into two rooms during the time I was at home—when I first went, it was taken into my bed-room—I staid at home a month—I do not think it was in my bed-room when I came away—I took off the cord myself, at my own instigation; I do not know why, I did not want it—the box was locked—I did not open it—I saw the oak-chest there—it was standing in the bed-room in which I slept part of the time—my mother was not well, and I slept with her during that time—the chest was in her room—my father and mother generally slept together—about three months ago, after my return from Gumley,
my sister Ann handed me a key, at Mr. Hickman's—I believe it was the k✗ of the oak-chest—I was to keep it—she gave it me to take care of—she gave me not reason why—I had seen the oak-chest at my father's, and I knew that my sister had possession of it—it was in my father's bed-room—when she gave me the key, she said, "You will take this key, and take care of it for me"—I knew what key it was—she gave me no reason why I was to take care of it—she said it was the key of her box at home—she did not tall me what was in the box—I kept the key for about two months, until I knew my sister was in custody—that was on Tuesday evening, the 19th—I sent for my brother Nicholas, I think, on the Thursday evening, about seven of eight, and delivered the key to him—no one had told me to do so—I told him to take it to my father's, and also to tell him how ill my sister Elizabeth was; that I did not suppose she would live the night through—I also told him to say my sister was in custody—I did not say what for—to the best of my recollection this is the key (looking at it.)
Cross-examined by MR. PRENDERGAST. Q. You knew that the oak-chest was in your sister's possession? A. I did; I had never seen her open it—she told me it was in her possession, and she had the key of it—I went into the country in July, and stayed till Aug.—my father has been a farmer for a considerable time—he is not a man that troubles himself at all about domestic matters—he is a great deal more versed in out-door affairs than matters in the house—he does not occupy any land at present—he does not at all interfare about the state of the drawers, or anything of that kind—he does not even take his own things out of the drawers.
COURT. Q. Had any of the family been down to your father's from Christmas till you went? A. No; my sister Ann was down there last Christmas, and staid till a fortnight or ten days after Christmas—I went with her—the oak-chest was standing in my father's room then—I did not see that key in her possession at that time—the chest was locked—I tried it—I do not know why—I merely just lifted the lid to see whether it was quite fast—perhaps it was curiosity led me to do it—I knew that my sister kept things in it these—it was in July that I tried the lid, not at Christmas—I have seen my sister in the room where the chest was—I had not seen it open at any time.
NICHOLAS SIMONS. I am a son of the male prisoner. On the morning of 23rd Oct. last I received a key from my sister Ellen—I did not know who there my sister Ann was in custody then or not—Ellen told me to take the key down home, and give it to my father—I went down that same day, found my father at home, gave him the key, and said, "This is the key of one of Ann's boxes"—I did not tell him what had happened to my sister—I did not know that she was in custody at that time—I knew that she was charged with robbing Mr. Marshall, but I did not know that she was in custody—I told my father that.
Cross-examined by MR. PRENDERGAST. Q. You mentioned to him what she was charged with? Q. Yes, I had heard that from my sister when she gave me the key—that was all that passed.
COURT. Q. did he say anything when you told him that? A. Nothing.
JOHN TADMAN (police-inspector C.) I received the male prisoner into custody at Market-Harborough, and brought him away from there in a fly—I was not in my uniform—after I had placed him in the fly, I told him that I was an inspector of police, from London, and that I had come down to take him for having received a quantity of silk, and other articles, which his daughter had been charged with stealing from her employers in town—he said, "Yes, I am aware of the charge against me, but I am as innocent as
You are of it"—shortly afterwards, he said, "It is a bed job for me that I should get into such a scrape from my children stealing from their employers in town"—I said, "Perhaps it is; the worst part of the charge against you is, that you removed, or caused to be removed, property, after your daughter was in custody in town"—he said, "That certainly is, but that was done through a communication I had from town, stating that my daughter was in trouble, and if the boxes were removed for a few days, all would be settled"—I then took a bundle from under the seat, and said, "I have been to Gumley to—day, and I have received this from your wife; she states that your daughter brought them down"—he said, "I have no doubt that is true, but I am as innocent as you of it"—that bundle contained the skirt of a dress, and other things, which the prosecutor identified, and which were found loose in various parts of the house—I have a list of the articles.
Cross-examined by MR. PRENDERGAST. Q. Did he not also say, "I don't think my poor wife knows anything more about it than I do?" A. Yes.
COURT. Q. Are there articles in that oak-chest, the value of which separetely exceeds 5l.? A. Yes—I have not gone through them all—there ate some valued at nine guineas and fifteen guineas.
MR. SNELLGROVE. I am principal assistant to Messrs. Marshall and stinton, and have been so for the last seven years.
(MR. PRENDERGAST submitted that there was no evidence to go to the on the count charging the male prisoner as are accessory; it being accessory, in order to support that charge, that some act should be done personally to aid the principal felon: see The Queen v. Chapple, 9 Cur, and Payne, p. 355. MR. CLARKSON, with MR. BODKIN, argued that any act done with the stolen property tending to assist the principal in eluding justice was sufficient. The COURT was of opinion that, to substantiale the charge of being as accessory, some act of personally aiding and assisting the principal must be proved, and recommended the Jury to acquit the male prisoner open that count, unless they were satisfied that the oak chest was to his knowledge packed with the stolen property by the female prisoner upon her visit at Christmas.)
(Several witnesses deposed to Benjamin Simons' good character.)
ANN SIMONS— GUILTY . Aged 26.— Transported for Fourteen Years.—
BENJAMIN SIMONS— GUILTY., Aged 56.—Recommended to mercy by the Jury and Prosecuter, or account of his age, and previous good character,— Confined Eighteen Months.
NEW COURT—Tuesday, Nov. 30th, 1847.
MR. CAARTKEN conducted the Prosecution.
ISAAC HUGHES. I am a seaman, and lodge in Farmer-street, Shadwell. The prisoner lodged in the same house—on 29th Oct. he and I were out together—we went to a public-house, and returned home—we were then good friends—on getting home he called me a b—y nanny-goat—(I am a Welshman)—I called him a b—y Dutchman—that was not said angrily—I afterwards got up to light my pipe—he caught hold of me by the throat, and I struck him—we had a fight—Thomas Jones was there, and he separated—the prisoner then went up stairs, and I went up in about ten minutes afterwards—Jones went with me—when I got on the landing-place the prisoner met me—I saw him directly I got up on the landing—I did not say anything to him, or he to me—he struck me, and some blows took place between us—Jones got between us, and the prisoner struck at me, over Jones' right shoulder—I do not know whether he had anything in his hand—I do not know whether he struck me more than once—I fell on my back on the stairs—I was cut on my nose and lip, and on my arm, just above the wrist—my flannel shirt was cut through—the wounds all bled—I cried, "Murder!"—the prisoner went down stairs—I was assisted down by Jones, and went with the policeman to the station—the doctor came to me, and dressed my wounds—Jones afterwards took me home—I went to the doctor's the next day, and came back—it was about ten minutes after the prisoner went up stairs, that I followed him—Jones was taking me up to bed—I had slept in the same room with the prisoner—I had only known him a few days—I did not strike him on the landing.
JURY. Q. Were you drunk? A. I was, and so was he.
THOMAS JONES. I am a seaman. The prosecutor has been living in the house where I do, and the prisoner also, for a few days—he and the prosecutor came in on 29th Oct., between ten and eleven o'clock in the evening—they were both a little the worse for liquor, but not to say beastly drunk—the prisoner was not so drunk as not to know what he was about—they were sitting down, chaffing each other, and having words—I had occasion to go into the back yard, and there was no one in the room but the mistress—when I came in, the prisoner and the prosecutor were both stripped, and had a knock or two—the mistress told me to tell them to go out—I ordered them to go out and fight, or else not at all—they sat down, and still had words—the prisoner then got up, and went up two flights of stairs, and was there, I suppose, ten minutes or a quarter of an hour—the prosecutor then wanted to go to bed; and the mistress said, "No, sit down, and let the man get to sleep, and there will be no more quarrelling"—she took the prosecutor by the jacket—he got from her—she gave me the candle, and said, "Go up with him, or there will be more fighting"—I went up with him—I had the candle and candlestick