CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 3RD, 1846.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 3rd, 1848, and following days.
Before the Right Hon. JOHN KINNERSLEY HOOPER, LORD MAYOR of the City of London; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Henry Manle, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Charles Farebrother, Esq.; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; Michael Gibbs, Esq.; and John Johnson, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: John Musgrove, Esq.; William Hughes Hughes, Esq.; Thomas Sidney, Esq.; and Francis Graham Moon, Esq.; Aldermen 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 Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT
HOOPER, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, Jan. 3rd, 1848.
PRESENT—The Right Hon. the LORD MAYOR, Sir JOHN PIRIE" Bart., Ald.; Mr. Ald. GIBBS, Mr. Ald. JOHNSON, Mr. RECORDER, Mr. Ald. MUSGROVE, and Mr. Ald. SIDNEY.
Before Mr. Recorder and the First Jury.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
JAMES PERRINS . I am in the service of Messrs. Cottam and Hallen, manufacturing-ironmongers, in Oxford-street and Winslow-street. On 4th Nov. two persons came to the shop in Winslow-street—ons of them gave the name of James Nicholls—he said he wanted a machine for crushing Gain—I took them both into the show-room, introduced them to Mr. Lewis Cottam, and left them with him—I have never seen them since—Nicholls represented himself as a miller, at Stratford, in Essex—T took down his address from his lips—in the course of a few minutes Nicholle came into the office is which I was, on the ground-floor—he gave me directions to make a weighing-machine, which was made according to his order—on the evening of 15th Nov., the prisoner Brown came with this letter—(read—"Stratford Mills, 15th Nov., 1847. Gentlemen,—I shall thank you to forward the weighing-machine I ordered by bearer, and two fenders, and two sets of fire-irons, namely, three feet six inches; one fender for drawing-room, about 30s., three feet six inches; one ditto for parlour, about 25s.; two sets of polished steel fireirons; I expect to receive a letter from my friend to-morrow, about the drill, and will write you his decision; I shall be in town on Friday next, and will call and settle my account. I am' gentlemen, yours respectfully, JAMES NICHOLLS.")—Brown said he had brought that letter from Nicholle—I cannot recollect that he described him as of any place—the letter was either scaled or wafered—I delivered the weighing-machine which that letter purported to be for to Brown—he said he was going to take it to Stratford—I will not swear that he said so—he took the machine away in a cart—I do not recollect anything being said about where the cart was going to—there was another man with Brown when he came with this letter—I cannot recollect what Brown said,
except that I had the letter, and opened it, and gave directions that the weighing-machine should be delivered to him—I do not recollect the terms I made use of—I mentioned the weighing-machine in his presence, after reading the letter—he did not say or do anything upon that—he came in a cart, which stood at the door—the weighing-machine was placed in it by one of our porters—I put no address on it—I do not thing I saw the card drive off—a few days afterwards I saw the weighing-machine at 2, Brewer-street, Somers-town—Brown had not told me he was going there—I cannot recollect whether he said it was going to Stratford Mills.
Cross-examined by MR. PARRY. Q. Where are the weighing-machines kept? A. In the show-room on the first floor, but this was made to order—it was fetched down to the ground floor ready for delivery.
Cross-examined by MR. HORRY. Q. Do you manage the business? A. No, I am entering-clerk—the goods were charged to Nicholls in the regular way—this letter (looking at one) is the writing of Harry Sharman.
MR. BALLANTINE. Q. How was it you charged the goods to Nicholls? A. Because I believed his representation—a man named Messiter drove the cart away—Brown was in it.
HARRY SHARMAN . I am in the employ of Messrs. Cottam and Hallen, in the stove and range-department. On 4th Nov., a man, who went by the name of James Nicholls, came and wished to look at a kitchen-range—I told him the price, and asked if he required fenders and fire-irons—he said, "Yes, you may as well send them"—he gave his address, Pigeon Mills, Stratford, and told me to send the range to the Old Bell, Holborn, the same afternoon—I ordered it to be sent—on 17th Nov. Rice came, and brought me this letter—(read—"Stratford Mills, 17th Nov. Gentlemen, I find you were correct respecting the fenders; the measurement is three feet six inches, and to clear from jamb to jamb, and must come to the centre of the jamb, making four feet with standards; I do not confine you to the price named in my other letter; my friend the bearer will look them out for me, and bring them with him, with two sets of polished steel fire-irons; I shall be in town on Friday for the drill, and will settle my account with you. I am, yours respectfully, JAMES NICHOLLS, Stratford Mills.")—I handed the letter over to Mr. Harrison, the manager of the department, knowing that it was a swindling transaction—I had heard something before—I kept Rice in conversation while a policefire-irons to Stratford—he said, "Yes"—I had not read the letter at that time—he said he had a cart at the Old Bell, and he was going to take them there on the omnibus, and from thence home, in a covered cart—I supposed he meant Nicholls's cart—he was speaking of himself—I do not remember that he said anything about Nicholls—I did not open the letter—I handed it over to Mr. Harrison—he went back to the other part of the house with it, and left me with the prisoner—he was gone three quarters of an hour, I think, altogether—Rice went out, and said he would get a cup of coffee, as we said the fenders would take some little time to get ready—he went away, and came back in about ten minutes, and I kept him in conversation about the weather, and where he was going, as the police were not ready—I do not remember that he said for whom he was to take them—I understood they were for Nicholls, because he came from Mr. Nicholls—he said, when he first came in, that he had brought the note from Mr. Nicholls, of Stratford—I do not exactly recollect whether he said of Stratford, but I knew the man he meant—he said he brought the letter from Mr. Nicholls.
Cross-examined by MR. HORRY. Q. You have been a number of times
Third Session, 1847—48.
before the Magistrate about this case? A. Not more than once at Marlboro-street—I do not know that I heard tha charge preferred by Messrs. Cottam and Hallen against Brown and Rice, of forging these letters—I do not think they were committed for forgery, and I took particular notice what they were committed for—I have been twice before the Grand Jury—the fenders we sent were of very trifling value, but those he wanted were not—I do not know that those he had previously ordered did not fit—this was the execution of the order—I wrote a letter to Nicholls—the letter produced is is—I sent it by Brown, when he came for the machine, on 15th; and on 17th Rice brought me his answer—I did not deliver the letter to Brown myself, but I believe it was given to him—Rice did not say he was to meet Nicholls at the Old Bell, or at the Mail Coach, in Farringdon-street—he never said that he was to meet Nicholls, and that Nicholls was to take the things away—I cannot recollect all the conversation between us, he was there so long; but he mentioned nothing about the Mail Coach, or meeting Nicholls there—he said he was going to take them to the Old Bell—I do not know whether there is any Mail Coach there now.
MR. BODKIN. Q. Was the letter brought by Rice on 17th, and answer to yours sent on 15th? A. Yes—I did not see it given to the man who came for the machine, but I supposed from the tenor of this letter that it was an answer to the one I wrote.
LEWIS COTTAM . I am clerk in the firm of Cottam and Hallen. On 4th Nov. a person was introduced to me by Mr. Perrin—I did not hear his name—he did not give me any order—I did not see either of the prisoners on 15th or 17th.
THOMAS JENNINGS . I am porter in the employ of Cottam and Hallen. On 4th Nov. I took a range, fender, and fire-irons, and left them with a man at the Old Bell, Holborn—I cannot say whether it was either of the prisoners—it was dusk—the person signed the receipt, "J. BROWN, for J. Nicholle."
CHARLES MARSH . I am porter to Cottam and Hallen. On 4th Nov. Nicholls came there—a small bruising-machine was shown him, he gave an order for a larger one—next day a person came with a truck—it was neither of the prisoners—a large bruising-machine was given him, which he took away, and said it was going to Stratford—I do not know that man's name.
WILLIAM MESSITER . I am a carman. On 15th Nov. the prison er Brown and another, a stout man, came to my master's house—my master told me something—I asked Brown whether the cart was for him—he said, "Yes," got up in it, and we went to Messrs. Cottam and Hallen's—I received a weighing-machine there—Brown told me to drive to the American Stores public-house, Oxford-street—I drove there, and there saw his friend, the same man I had left at my master's house—I heard Brown say to him, "Are we to go to the Bell, Holborn?"—the man said, "No; if the horse is baited they will not stop there"—he did not mention any names—he ordered me to go along Castle-street, up Newman-street—I had come from Winslow-street—we stopped some time at the corner of Newman-street, and then Brown directed me to go down Goodge-street, Tottenham-court-road, and down the New-road—we were at a public-house at the corner of Newman-street and Goodge-street, and were joined by a third person—I do not know him—I saw no more of him after that—there was a conversation between him and the person not in custody, but not in my hearing—Brown was with them—the next place we stopped at was at a public-house just beyond Charlton-street, near the Discount-office, in the New-road—I do not know the name of the street, we stopped there about three quarters of an hour—it is a Loan Society—I
was directed by Brown to drive to 21, on the same side of the way—he told me the weighing-machine was to come out there—I saw no more of Brown after that, but I was directed by the stout man to turn the cart round, and take it out at the Discount-office—I did not see Brown there then—I left the weighing-maching at the Discount-office—the stout man was there at that time—he went in there, and Brown went did looked in at the window—that was before the weighing-machine went in—I stopped opposite the Discount-office three-quarters of an hour, as Brown told me to wait there till further orders.
MR. BODKIN. Q. In consequence of your opinion of this transaction, did you communicate with the police? A. Yes, the same evening—I considered there was something wrong.
MARY WILSON . I live at 30, Judd-place, New-road, at the Loan or Discount-office—my husband is employed and lives there. On Tuesday, 16th Nov., I saw a weighing-machine there—I did not know it was coming—I saw Nicholls, when he came on the 16th, about selling the machine—there were two or three men with him—I cannot say whether the prisoners were either of them—the machine was sold to Mr. Phillips, a green-grocer, that day, I heard for 3l. 10s.
Cross-examined by MR. PARRY. Q. Were you present at the sale? A. Mr. Nicholls sold it—several persons came that morning to look at it.
GEORGE WILSON . I am in the employ of the Loan Society in Judd-place. The weighing-maching was left there on the day before it was sold, by a stoutish man named Nicholls—I had not seen him before about it—he was quite a stranger to me—the persons told them to get out of the cart and leave it at my place and Nicholls wanted to borrow 1l. or 2l. on it, to meet a bill the next day—we do not lend money on weighing-machines—I did not lend him the money—I permitted it to remain there till he saw some one else, because he said it would keep the cart waiting—he said he would give me 5s. to allow it to remain there—there was a person with it in the cart, but it was dusk and I did not notice him—It was not either of the prisoners—they were not there that night—I had seen Rice perhaps four or five days before the weighting-machine came—I never had any business with him of an unpleasant nature before this—I call this an unpleasant business, to know such a person as Mr. Nicholls—the machine remained at my place till the next morning.
COURT. Q. Have you other deposits of this nature? A. No—he party could not get any money on it, and it was put just inside the door—there is an inner place, where persons come to have their bills discounted—I am secretary to the society—there is a treasurer—there are nine or ten of us.
Cross-examined by MR. PARRY. Q. Have you been taken up on this charge? A. No, nor my wife, nor any of the directors of the Discount-office—I have not been threatened with any charge—we merely become acquainted with the parties, because frequently they have borrowed money and forgotten to pay it.
HENRY PHILLIPS . I live with my father, a green-grocer, in Brewer-street, Somers-town. On 16th Nov. I went with him and Nicholls to the Loan-office in the New-road, and found a weighing-machine there—we bought it; I do not know for how much—I have the bill and receipt—I have not opened it—my father made the bargain—the machine was to weigh patatoes—my father is not here; he is ill.
Cross-examined by MR. PARRY. Q. Has he been charged or indicted for buying this machine? A. No—he paid for the machine—I saw him pay
some silver in the parlour when I was in the shop—I do not know how much—I did not see any gold—this is the bill and receipt (produced)—I can read a little—it is not my writing—I do not know whose it is—I never looked at it—it is a copy of it which my father gave me this morning—no one else was present at the sale—Wilson was not there—I saw Mr. Wilson at the place—I took it away in a horse and cart.
ROBERT TUCKER . I am in the employ of Cottam and Hallen. On Wednesday, 17th Nov., I packed up two fenders in a mat and delivered them to Rice at the door—he got upon the omnibus, and I put them up to him—I heard him say he was going as far as the City by that omnibus, and then by the mail to Ilford, and if the mail was gone he should go on by the bus.
Cross-examined by MR. HORRY Q. Where were you when you heard that? A. At our door in Oxford-street—no one else was talking to him—I asked him how far he might be going with them—he did not mention Nicholls' name—I am quite certain he said he was going to Ilford, and was going to take the fenders there—he did not say anything about meeting another man.
WILLIAM GODFREY (policeman, C 147.) On Wednesday, 17th Nov., I was sent for to Messrs. Cottam and Hallen—I did not find Rice there—I saw him afterwards—he went away by an omnibus, and took the fenders with him—I was in my uniform, but had clothing over it to conceal it—I went by the same omnibus—he got down at the bottom of Holborn Hill, ar the corner of Farringdon-street, and took the parcel of fenders to a public-house in Farringdon-street—it was then soon after seven o'clock—I waited outside for three hours—he came out about ten o'clock, brought the parcel, called a cab, put the parcel in, and he sat outside with the driver—I got another cab, and followed it—he went to 9, Charlton-street' Fitsroy-square—a female answered the door—he put the parcel inside—she took it away, and he went to a public-house at the corner of the street with the cabman—he stayed there more than an hour I think—the cabman went away—after some time Rice came out, and went into the house No. 9—I went away, and returned about seven o'clock in the morning—Rice came out about eight o'clock—I followed him to King's Cross—he had nothing with him—the prisoner Brown was waiting there—Rice joined him, and they returned to 9, Charlton-street—they remained there a short time, came out again together, and I followed them to Knightsbridge—they went into a public-house there—Brown came out alone—I followed him to Solane-square—he ran so fast there that I lost sight of Him—I do not think he saw me—I went back to the public-house, and watched outside—some tome afterwards Brown returned—they afterwards both came out together, and I followed them to Oxford-street—they went into a public-house at the corner of South Moulton-street—they came out, and crossed the road—I got assistance, and took them in charge about two o'clock—I told them they were given into my charge by Messrs. Cottam and Hallen, for obtaining goods under false pretences—they said nothing—I afterwards went to 9, Charlton-street, and found a fender, which I have shown to Cottom and Hallen's people—there is a Charlton-street, Somers-town, besides the one I speak of—I did not know either of the prisoners before—I did not see either of them about Charlton-street—I do not know who lived there.
Cross-examined by MR. HORRY. Q. You do not mean to say you found
there was not such a person there? A. No: I saw a woman there and ascertained that Nicholls had been there three or four months before—I ascertained what he was—the mills were not at work—I did not inquire how long the woman had had the care of it—it was a windmill—there was not business going on.
JAMES PERRINS re-examined. I saw Nicholls on 8th Nov., when he first came—the first thing he dealt with me about was a cord-crusher—I showed him two of different sizes—he selected the larger one—he said he wanted it to attach to the machinery of the mill—he had not told me of what mills he was the proprietor, but he said he was a miller at Stratford—he said he would send for the corn-crusher on the following day—he gave me this address, "James Nicholls, Pigeon Mills, Stratford, Essex"—he said he had waggons coming to the city every day with flour, but they were too heavy to send to the West-end for it, and he would send a lighter conveyance for the machine—I arranged that it should be ready for him on the following day—he gave me the order for the weighing-machine at the same time—I understood it was for weighing sacks of flour—it was to be made to order for him—we had not exactly the sort of thing that he wanted—I told him it would take a week or more to make—we told him the price would be 4l. 10s.—I afterwards saw that weighingmachine at Phillips's—the crushing-machine has not been traced.
WILLIAM GODFREY (re-examined.) I have had a description given to me of Nicholls and James Brown—I have not been to Stratford—I have been where I expected to find them, but have not been able to take them into custody—I have been endeavouring to do so.
Cross-examined by MR. HORRY. Q. When you were before the Magistrate on the charge of false pretences, was the name of James Brown mentioned at all by anybody? A. I believe not.
(The prisoners received good characters.)
RICE. Aged 32.
BROWN. Aged 34.
GUILTY of Conspiracy. Confined Six Months.
GUILTY .— Confined One Month.
GUILTY . Aged 19.— Confined Eighteen Months.
GUILTY . Aged 48.— Confined One Year.
(The prosecutor stated that the prisoner made no attempt to escape, and that he understood he had only recently left a Lunatic Asylum.)
GUILTY . Aged 11.— Confined Three Years. Recommended to the House of
NEW COURT, Monday, January 3rd, 1848.
PRESENT—Sir JOHN PIRIE, Bart., Ald., Mr. Ald. HUGHES HUGHES; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fifth Jury.
GUILTY . Aged 24.— Confined Six Weeks.
GUILTY . Aged 16.— Confined Six Months.
ISSAC LEVY MYERS . I am a clothier in Houndsditch—the prisoner has been in my employ about two years—on 17th Dec. I looked round my cellar. where the cuttings are kept, and saw the prisoner with a piece of cloth in his hand—that is not the place for cloth to be in; it is damp—I afterwards saw the prisoner come up stairs; he had nothing with him—I sent him on an errand, and spoke to the policeman, and charged the prisoner that afternoon with concealing cloth, with the intention of takin it away; he denied it—I told him unless he went down with me, and produced the cloth he had concealed there, I should send for the policeman—he went down, and put his arm under the shreds, and pulled out these two pieces, and then these other two pieces, and gave them to me—this cloth is usually kept on the shelf in the upper warehouse—it had no business at all in the cellar.
Prisoner. Other persons have access to the cellar. Witness. Other persons would go there, but they had no business there.
Prisoner's Defence. I looked at the cloth and left it; I had no intention of stealing it.
OLD COURT.—Tuesday, January 4th, 1848.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. JOHNSON; Mr. RECORDER; and Mr. Ald. SIDNEY.
Before Mr. Recorder and the Second Jury.
MR. BALLANTINE conducted the Prosecution.
DANIEL ROBERT READ . I am a boot and shoemaker, and am married to the defendant Usher's sister. I set up a shop at Holloway which had been in my wife's family for some time; it was a private house; it had been closed some time—there was no one in it—about Aug. 1843' I put a shop-front into it, stocked it with my own money, and put up the name of "Read and Usher"—it had been carried on before in the name of "Usher"—I took Usher into my employ at 7s. a week, I think, first, he had no share or interest in the shop;
he was only a servant—he did not pay any rent—I was the tenant; I paid the rent, and have the receipts—Usher used to come down and settle with me every Sunday evening, and I used to pay him his wages—on Sunday evening, 14th Nov. last, somebody told me something at my other house, and I went to the shop at Holloway, about half-past five, and found Usher, Partridge, and four or five more, smoking in the parlour—I asked what they all wanted—Partridge said, "This is Usher's place, and we have got possession, and we will keep it"—I had been told the property was in jeopardy, and took Wm. Wood, Wm. Coney, and three more men who work for me, and told them to stop over the way till I saw if anybody was there—I called them in, and said, "I shall go home; you stop and mind my property till Monday morning, and I will see Mr. Young, my solicitor"—I took down the partition between the parlour and passage, and moved all the shoes away—no violence had been used then—Usher went out, and in about ten minutes got twenty or thirty nabigators from the railway—the minute they got in they fell on my four men: one of them ran out and said, "They are in, Mr. Read, they are in"—I went in, and was knowcked down with a spade, and my hat cut through with it—I do not know who did that—one of the men made a blow at Coney with an instrument about three feet long, as he was coming from the parlour, and opened his face from the eye to the chin—there was a good deal of noise—they tore down the fixtures to defend themselves—one of my men was pitched out, and his head came in contact with the edge of the door—I went to Mr. Earle, a neighbour, for protection—my party had not the opportunity of using any violence—there was a great deal of noise; blood flowed.
Cross-examined by MR. PRENDERGAST. Q. Is Coney a Tipperary man? A. No: he was born in Lamb's Conduit-street—I took him to mind my property—we left London together, and met three or four more at White Conduit House, whom I had hired and appointed to meet there—they get their living by jobbing—Coney is a plasterer—we all walked together—I placed them outside, four or five yards below—they had nothing with them—I saw no stones wrapped up in handkerchiefs; I should not have allowed them to be used—I knocked at the door, it was opened—Usher went out the minute I went in, and four or five men followed him—they were all him men that were there; I only know the names of two or three of them—I told them the go out about their business; I did not say I had a force to drive them out—if I had not gone there my stock would have been moved off, as some of it has been—nothing had taken place before—I never entered into partnership with Usher—I carried on business in the name of "Read and Usher," as the name of Usher has been in Holloway many years, and the name was up to get more trade—Usher is a cabinet-maker, not a shoe-maker—I gave him 20s. a week to mind the business for him sister, as she used only to go there twice a week previous to her confinement—he had the sole management of the business then—when I say "Read and Usher,"I mean my wife's maiden name—I never told anybody that Usher was a partner—some bills were printed and issued, but not with my sanction—I never saw this bill before (produced)—I never gave any of them to Mr. Harriss to distribute—this may have been five or six years ago, it is so long I do not know—Harriss keeps a stationer's shop—I sold the business to him, and he may have done so then—he had up "Harriss, late Read and Usher"—(The bill was in the name of "Read and Usher,"and was dated March 8th)—I did not go into partnership with Usher on March 8th—the shop was opened about March—it was not Harriss's then—this is a copy of one of the old bills given to Harriss when he took my place; I think it was two or three years ago—he gave me notice to leave, and my premises were shut up for twelve months; I could not get possession of them—there
was a quarter's rent in advance—Usher said, "Well Dan, Harriss says he will give you the fixtures if you will cry quits with him"—Mr. Young persuaded me to get out of his fingers, and I refitted the shop up—Harriss did not trade under the name of "Read and Usher," he had "Harriss, late Read and Usher," over the door—his name is not in this circular—he did not print it; it was printed in Tavistock-street, Covent-garden—I ordered them myself—I took a copy of what Usher made out—it was then "Mr. Read, late Usher," as I have the original in my possession to show—I have not got any of the bills O ordered—an alteration was made, they were sent up to Wellingtonplace, and paid for there, if they had been sent to me I should have sent them back again—I never knew they were out—my books were not kept in the name of Read and Usher—this is one of them (produced)—"Read and Usher" has been put in, since the disturbance—it was not so on the Friday, as I have twenty witnesses to prove—it is not my writing—it is one of the books Usher had to keep as my servant—I take it to be his writing—I have seen him write, but not in this large round-hand—it must have been written ate Wellington-place as it was down at my place on Sunday, and it was not in it then—on the Friday before the Sunday, I charged Usher with embezzlement—he was discharged, but the Magistrate said id I could prove anything further I was to bring him up again—I am a house-decorator and gilder, not a shoemaker—my wife employed men to make shoes—Usher did not make them—he was a cabinet-maker—he sold them—he had lived with his father, who was a shoemaker—his brother Daniel worked for my wife when she first opened the shop—I did not charge him with embezzlement, or have him taken to the station—Daniel came to me 16th Nov. and said Edward wanted to speak to me—I went and asked what made him act so foolish, as I was the only friend he had to protect him—he said he know that—I do not recollect saying in Colline's presence, on the day I charged him with embezzlement, that it was all my wife's fault, and I was very sorry for it—I could not have said it without recollecting it—I did say I was very sorry for what had taken place, in Daniel's presence—I did not say it was my wife's fault—Edward Usher said, "I believe, Mr. Read, it is all your wife's doing"—this was before the row—I did not go before the Magistrate on the Monday, and get a warrant—Usher was taken with a warrant on a bill of indictment—he was not taken to the station on the Monday—he was taken up on the Tuesday, taken before the Magistrate, and charged with making away with the books, and embezzlement, not with making the disturbance on Sunday—he was discharged—I went home, and went to the King's Head, Holloway, with Edward and Daniel Usher—I did not tell Usher I was very sorry for what had happened—I said it was a very shocking thing that he should get himself into such a scrape through the misrepresentation of other people—I did not tell him it was all settled, or shake hands with him—he may have held out his hand and I not know it—I said I would forgive all he had done if he would give up possession of the books, and asked him to come and see his sister, and go to Mr. Young, and settle the affair—he was to tell me where money was owing, and I said I would forgive him, and he should not be in want of a friend—he did not give up the books.
ELIZABETH READ . I am the wife of Mr. Read, and the sister of Usher. I was at the shop at Holloway, once, twice, three times, and sometimes every day in the week—Usher acted as shopman—he received wages as such, and never said anything to the contrary—I was not present when this riot took place on the Sunday—I know the book produced—it is mine—the names of
"Read and Usher" have been put on it since it was out of my possession—I never saw it till this moment—it is not my writing or Mr. Read's.
Cross-examined. Q. You do not know whose it is? A. I never saw that handwriting before—it may be Edward's I cannot say—he did not carry on the business. I carried it on—it was my business—I was there nearly every day in the week, except I went to market—I bought everything for the shop myself—I was generally there every Monday except illness prevented me—I was in a delicate state of health at this time—I generally went up in the morning, and stopped till the last omnibus—the shop was opened some time in March—I was confined a month ago—we did not reside there—my brother slept in the parlour—he had wages and boarded himself—I used to get my dinner from an eating-house, or bring it from town with me—my brother and I dined together—we never were at variance—he used to bring the accounts tome every week when I went up, or he brought them down in the usual way—we had no till—he used to take all the money—sometimes I would take some, and he was put down, "so much taken by Mr. Read"—he used to settle weekly—my solicitor has the accounts ever since the shop was opened—my brother took my books away the night before I was going to take stock—I had given him a week's notice, because my neighbours told me he had been making use of my name, and saying that the name of Usher, over the door, was meant for him—his expenses were 2l. a week, and the stock was diminished—I wished to take stock, and because I should not do that, he destroyed the books and said he would show me a trick—he did not say that the trick was that he was a partner—I found I was 30l. or 40l. deficient—I told him he ought to be ashamed of himself—his found was not up till the Saturday, but he went away before that—I went before the Magistrate—I kept witnesses back that I might not convict him of felony, as they begged of me not to do it, and he laughed at the afterwards—I did not wish to prosecute him.
MR. BALLANTINE. Q. What did he say to you? A. He said said nothing to me—Mr. Read went up, and he said Mr. Read was a good-natured fool; that it was my doing, and I must put up with the consequences.
GEORGE LANGRIDGE . I work fora man in possession. I was sent for by Mr. Pachin to I, Wellington-place, near the railway on the Friday—I found Mr. Pachin, Mr. Read, and Usher there—I remained there until the Sunday—on Sunday afternoon Mr. Read came, and brought three men to protect the premises—Usher, Partridge, and myself were there—directly after Mr. Read came, Usher went out—he returned in seven or eight minutes with twentyfour or twenty-five navigators—they began fighting directly—I did not see anybody hit—I saw blow aimed at Coney—I got away immediately—I did not remain in possession any longer—I saw Partridge in the row, but did not see him strick anybody.
Cross-examined. Q. You did not see either of the prisoners take any part in it? A. No; Partridge was smoking and drinking with me and Usher all day—we were very quiet, and were having our tea when Mr. Read came upon us—he gave Partridge a shilling, and told him to go and drink his health—he went away, and returned with the mob Usher ran out the back way—he did not say a word—I saw nobody speak to him—I supposed he was frightened—I saw Coney—he had not a large rail in his hand, nor anything—I did not see a stick or anything in the other' hands—Ido not know the names of the others—I saw Partridge standing against the counter—I did not see any of the other prisoners.
WILLIAM CONEY . I am a porter. I was at Wellington-place on this Sunday—I was there when Usher left—I did not see him go out, but I saw him come back with twenty or thirty men—Partridge and Henry Lawford are two of them—they burst the shop door in—I went backwards, hearing them say they were going backwards, and when I came back they were all fighting in the shop, and hitting awat with sticks—directly I came to the door, I received a blow from a broomstick, which split my lip open—I had it sewed up; here is the mark now—it went through to the teeth—I also received a blow on the jaw—I have a lump there, and always shall have—I did not strike anybody—I had time to do anything before I was knocked down—I was not there long enough to see who else was struck—if I had not got out of the way, I should have been killed—I was bleeding dreadfully—I cannot swear who struck me—it was one of the mob—I did not see Usher then; but he owned to me on the Tuesday following that he was there—I remained in the house for three weeks afterwards, to take care of it.
Cross-examined. Q. Was not Partridge quite quite when you saw him? A. He was fighting away, as well as the rest, with a stick—I had no weapon—I had not time to fight; they did not give me a chance—I did not strike a blow—I went there to protect the property—Mr. Read told me there were parties there drinking, and he wished me to protect the property till Monday, till he got the advice of his solicitor—there were three labourers with me—Langridge made four—I did not collar anybody—I was glad to make my escape—I did not use a very abominable expression—no violence was used—Mr. Read gave Partridge a shilling to drink his health, and said, "You see I bear no animosity towards any of you."
GEORGE HIPWELL . I lodged at 1, Wellington-place—I saw the navvies there on the Sunday evening—they were very quiet when they were in the house—I should have had a blow on my head with a poker, if I had not cried out that I was a lodger—I do not know who had the poker—I believe it was a man named Gilderoy—I suppose they thought I was one og Read's party, and had no business there—I was coming in the back way—I did not see the row in the parlour—I saw Usher and Partridge there—John and Thomas Lawrence were not there—they had nothing to do with that Sunday night a all—I saw Lawford and John Lawrence, jun.—they were all very quiet when I saw them, except Gilderoy—I went into the parlour and shop to see who was there, and after I had called out "Lodger!" I returned directly.
Cross-examined. Q. You only recognise three of the prisoners? A. Four; I did not see Lawrence do anything—he was a mere spectator as far as I observed—he was looking at the party—the door was shut, and they were very quiet then—it was between five and six o'clock when I looked in—I had lodged there about six or seven months—I believed Usher was a partner—I paid my rent to him as one of my landlords.
MR. BALLANTINE. Q. Where do you lodge now? A. At the same place—I pay my rent now to Mr. Read—I am not afraid of Usher coming upon me for it again—I have got a book to prove I have paid it—I have seen Usher lately—my wife agreed for the lodging—Usher told me he was a partner soon after I was there—I did not ask him the question—I do not know how he came to tell me—I only thought so because his name was over the door—my receipts were in the name of Read and Usher.
Q. Who wrote them? A. I believe Usher—I never paid any one but Usher till lately—I shall not object to mention that hereafter.
said it was—I said I had a warrant for his apprehension, and produced is—I told him to look at it, and see that there was no mistake about his being the party mentioned in it—he said, "It is all right; there is no mistake about that; but I am innocent. I was there on Sunday night; but I did not do anything. I can point out who did a great deal more than we did"—he said, "There were a great many that were worse than we were"—I took them all five into custody.
Cross-examined. Q. Was not he taken before the Magistrate, and discharged? A. No; he was taken on a bench warrant—he said he was quite innocent of the charge—the charge was violence and assault—he said he had nothing to do with it; he was a mere spectator—he did not say he was passing by—I believe the prisoners are labouring people—Partridge is a carpenter, but I do not suppose he works at all—he was hardly ever in employment that I know of.
WILLIAM ERLE . I live in Wellington-place, Holloway. On Sunday, 14th Nov., I was in my shop, which adjoins Mr. Read's, and saw about twenty people assembled opposite Mr. Read's shop—they were breaking the peace—I heard a noise—I saw them both outside the house and in—they were rioting—I saw Usher and Partridge, both in the premises and in the street—they burst the door open, and turned four or five men that were there into the street—I saw one man with his head cut, and another with his lip cut—I had seen Usher about a week before that—he said he understood that Mr. Read intended having the name of Usher taken down; and if he did, so doubt there would be a disturbance, because he thought he had sufficient claim to partnership—he said, "You see my name is here, and I think I cas claim partnership, unless he makes me some recompense."
Cross-examine. Q. When the name was taken down, did not he put it up again? A. Partridge nailed it up under his direction—that was on the Friday before this occurred—I did not see Coney in the row—I do not knew him—I did not see any of Mr. Read's people with a stick—the police were not there then.
COURT. Q. Had this the effect of creating an alarm in the neighbourhood? A. Very much so.
EDWARD DENCH . I am clerk to Messrs. Young and Son, solicitors, of 29, Mark-lane. On the occasion of some proceedings against a Mr. Harriss, who took the premises of Mr. Read, I took down the evidence of Edward Usher—we were employed by Mr. Read—I have it here—I am sure it is correct—I took it down from his lips—the first sentence is, "Edward Usher, of—, was foreman to Mr. Read during the time she carried on the business of a boot and shoemaker, at No. 1, Wellington-place, Holloway, for a period of three years and upwards"—I took those words down in June, 1846—I remember his using the words—he did not sign it—he was a friendly witness then—Harris was then in possession.
Witnesses for the Defence.
DANIEL HARRISS . I remember this shop being opened, in March last, by Read and Usher—my wife's trustees and my brother had the shop before that—I remember Mr. Read having some bills printed and circulated—Read and Usher came into my shop together, and asked me to indite the bill for them—I wrote it out, and afterwards saw the printed bills as I had indited them—this is one of them (looking at one)—Mr. Read, on one or two occasions, brought some into my shop for me to sned out with my newspapers, that they might get up stairs among the gentry—both him and Usher also did
that—I remember this particular bill, it has my writing on the back—I cannot say who I received that from—Read told me that Usher had got a good thing under the king of the Railways, Mr. Hudson, and that he and Usher were going to open a shop for themselves, something in the upholstery way, on the Eastern Counties' Railway—goodness knows what Read is; he is so many trades, it is impossible to tell them all—I believe he is a painter—he painted my shop, and did it very badly indeed—I heard him say that he and Usher were going into partnership, and hoped they would make a good thing of it—on two or three occasions I have managed the shop, and sold goods for them, when Usher has been out, and I always accounted to him for the amount I received during his absence—he always acted as master of the concern as well as Read—Read brought an action against me, but it was all settled last November—I hold his attorney's receipt for it—my connexion with this shop ceased about two months back—I had no connexion with the shoe-shop after Michaelmas, 1846, or a little after.
MR. BALLANTINE. Q. What was the action brought against you for? A. It was a disputed account—part of it was for a lookings-glass, which he had back again—he claimed 7l.—I cannot recollect the items-there was no rent claimed—every farthing of rent was paid when I left the premises—I put my name on this bill when Usher's attorney requested me to do it—it was on a Sunday about a fortnight after the row, the day before the trial was to come on—the attorney came with Usher—I do not know whether the attorney knew I had got those bills—I produced it, in the course of conversation, from my wife's drawers, up stairs—I date say I put it there—I cannot tell—the business was Mr. Read's when I took it—the name of Read and Usher was up there then—Usher was not a partner then—I retained him is my service—the name of Read and Usher did not remain there—"G. and J. Fuller, late Usher," was up then—the business was not mine; it was in the hands of my wife's trustees, to keep it out of my hands, as they thought I spent it too fast—the name of Usher was left up, because it was an established named in the neighbourhood for years—Mr. Read hereself tol me to sllow the named of Usher to be up, and it would do us considerable good.
MR. PRENDERGAST. Q. Anybody could see that Usher was not a partner then A. Yes—I do not know Daniel Usher.
COURT. Q. Did you print these bills? A. No; they came to me to indite them, and they got them printed by a man named Ford, in Cross-street, Islington, whom I recommended them to—I had no written instrument as to the form in which it was a appear—it was taken a good deal from my circular—before my wife's trustees took the shop of Mr. Read, I think the name over the door was "Daniel Read and E. or D. Usher, Jun., bere and at the Haymarket"—I knew Usher was not then a partner; but this was a distinct affair, the second time—Usher is about twenty-two or twenty-three years old—he was the foreman at that time—I do not know of any partnership between Read and Daniel Usher—I considered Read and Usher as partners, and had they owed me any bill I should have sued them jointly—Read was scarcely there at all—the bills were printed as Read had agreed they should be printed—I did not take it to the printer—I do not know what instructions they gave to the printer—I saw the bill when it came out, and it was as I had written it—I had given it to them when I wrote it.
DANIEL USHER . I am twenty—five years old. At the commencement of this business I was a partner with Mr. Read, at No. 1, wellington place, holloway—I heard Mr. Read state what his arrangement with my brother
was at the commencement—I have heard him own, time after time, that my brother was a partner—he said he was sorry he had not had me as a partner in the room of my brother Edward—he had a quarrel with me, and took me to the station, and charged me with embezzlement—I have frequently met him on a Sunday evening at different public-houses, and he has repeated that to me several times.
Cross-examined. Q. Expressing so high an opinion of you, that he wished to have you instead of your brother? A. Yes—he never told me the terms of partnership he had entered into with my brother—he did not mention the amount of money my brother had brought into the firm—I always considered him a master tradesman—he was very near twenty-three years old, if not turned that—I never applied to Mr. Read to employ me—my brother and he commenced partnership just after last Christmas twelve months—my brother was his foreman before that—I do not know anything of my brother's arrangement with Mr. Harriss—he was with Mr. Harriss—I know he was not his partner—my wife was present and heard what Read said, one Sunday evening, between seven and eight o'clock, about five months ago, in the garens at Highbury-barn—he then told me that my brother was a partner—he had told me so before, at my own residence—my wife was present then—those were the only times.
MR. PAENDERGAST. Q. Do you frequently go to Highbury-barn on a Sunday evening? A. Now and then—I met Mr. Read three or four times at a distance from home, and he asked us to come back with him twice—when I was with him, he charged me with stealing shoes; and when he got to the station-house he denied the charge—we have been good friends for the last week, and are good friends now—I was in partnership with him about a month—there was very little business transacted between us—the quarrel originated from a lawsuit occuring between my mother-in-law and Mr. Read—my brother had a knowledged of cutting or clicking shoes—he was a clicker—that is a sort of foreman—I can make a shoe or boot—Mr. Read is not a shoemaker, he hardly knows a shoe from a boot, in the way of trade—my sister and brother had always been brought up to the trade.
MARY ANN USHER . Mr. Read came to my place one Sunday morning, before he had taken this shop, and said he was going to take Edward as a partner; and me and my husband met him again two or three times, and he told us that he was, and over and over again he has told us that.
Cross-examined. Q. Mr. Read has told you and your husband over and over again, that your brother was a partner with him? A. Yes; I should say he did, a dozen times—I mean a few times—I should say four or five times—he told me once that he was going to take him as a partner, and three times that he had—one he told me at my place, once we met at lslington, and went to Highbury-barn, and again when me and Mr. and Mr. Read went to Hornsey-wood House—Mr. Read said he was very sorry he did not have my husband, because he was a much honester man than Edward—he said he thought he would have been much honester towards him—I believe those are the very words he used—I will not swear to them—he did not tell me how they divided the profits—he said he thought he did not give him sufficient out of what he received.
MR. PRENDERGAST. Q. You heard the same sort of expression at Hornsey-wood House? A. The same.
MARY CASEY . I live at Pleasant-row, Holloway—my husband is a shoemaker. I was employed by Mr. Usher for the firm—I always considered Mr. Read as much my employer as Mr. Usher, and Mr. Usher as much as
Mr. Read—I had some bills like these, and some different ones left at my shop by Mr. Usher—shortly after, Mr. Read came into the shop to make some trifling purchase and saw the bills lying on the counter, and said, "You have some of our circulars; do not tear them up, distribute them"—she saw these as they laid on the top of the others—she saw some of each—this is one of the other sort—(produced—headed "Read and Usher")—it is a larger bill—I am a binder—my husband worked for them a little, but not so much as I did—I was not working for them when the bills were brought into the shop—I kept a confectioner's shop adjoining theirs—anybody might see the bills—Mr. Usher always paid me—I considered him as much master as any one—when I have been there for anything, Mr. Read has said, "Edward is not in; when he comes in you shall have it."
Cross-examined. Q. When was it Usher brought these bills to you? A. In the early part of the spring—he laid them down on the counter, and it was the afternoon of the same day that Mr. Read came in—they remained on the counter all the time.
MR. PRENDERGAST. Q. Just look at that piece of paper, was that in the shoes? I. I have seen that in the shoes—(read—"Read and Usher, Fashionable Boot and Shoe-manufacturers, 1, Wellington-place, Holloway.")
FREDERICK THOMAS HAYWARD . I am a butcher, at Holloway, and know the shop, 1, Wellington-place—I recollect its being shut up some little time, and then re-opened in the name of Read and Usher—I hardly ever saw Read on the premises—I have seen Mr. Read in the shop, when I have bought shoes there for my children—on those occasions Usher appeared to be the master as much as anybody could be—what meat he had of me he paid for out of his own pocket—I served him with chops and steaks several times—he generally had a pound, or three chops—I have had shoes from there, wrapped up in these larger bills—Mr. Read was in the shop one day when I bought shoes of Usher.
FREDERICK BAYNES . Just before this dispute arose, one Monday morning Mr. Read stopped me and said, "Mr. Baynes, where is Edward? I have not seen him these three or four Sundays; he ought to have been down and had a settlement with me; do you know anything about him?"—I replied that I did not; it was not my business to look after him—that was the only conversation I had with him.
WILLIAM COLLINS . On 16th Nov., the Tuesday after the Sunday, I saw Mr. Read and Usher at the King's Head, Holloway—Read said he was very sorry for what had taken place, it was all his wife's fault; the matter was all settled, and they all shook hands together—that was after they had been before the Magistrate—they drank and smoked together, were very good friends, and had two or three pints of half-and-half, and a glass of brandy and water—they all drank out of the same glass, and I did too—Read asked me to drink—Usher took some—there were four of us in the party, Read, Usher, his brother, and me—Read said he might go home, it was all right now, and think no more about it—they shook hands together and parted very good friends, and I thought—I should say we were in the public-house an hour and a half, or two hours, all sitting down together and enjoying ourselves comfortably—there was nothing said about the books—they were in there before I went in—what we had was all put down to Usher—it has not been paid for.
Cross-examined. Q. You are a friend of Usher's? A. I am neither friend or foe—I am a bricklayer—I had nothing to do with the matter—I
went to have a pint a half-and-half, and paid for that—I knew Usher and Read—Usher asked me to drink with him, and I did, out of friendship—something was said about the row on Sunday night—I heard nothing mentioned about the man's cut lip—I learnt there was a bit of a riot—I did not learn that from Usher—it was a pretty general report, I believe—I heard nothing of blows having been struck.
MR. PRENDERGAST. Q. They were not talking about blows, but about brandy and water, friendship and good will? A. That was all—they were all quite sober, shook hands with one another, wished one another good afternoon, and were quite friendly.
J. LAWRENCE, JUN.
Recommended to mercy by the Prosecutor and Jury.
NOT GUILTY .
414. AMBROSE NORMAN and JAMES BERTOUT , feloniously assaulting Michael Kearney; putting him in fear, and stealing from his person, and against his will, 2 half-crowns, 10 shillings and 8 sixpences, his moneys.
MR. PARRY conducted the Prosecution.
MICHAEL KEARNEY . I live at Pleasant-row, Camden-town, and sell fruit. On 22nd Dec. I was at the Black Cap, Camden-town, having some bread and meat and beer—the prisoners were there—I laid my forehead on my hands on the table—I remained so a few minutes—Bertout put his arm over my neck, and pressed his fingers over my eyes while Norman took 19s. out of my pocket—there were two half-crowns, and the rest in sixpences and shillings—my pocket was turned inside out—there were a good many persons there—I forced my head up, and said to Norman, "You took my money"—I said nothing more then, but glided quickly out of the tap-room, got a policeman and gave them in charge in ten minutes—I had the money safe half an hour before—I have known Bertout ten years, and Norman about twelve months—I am quite satisfied they had the money.
Cross-examined by MR. HORRY. Q. What are you? A. A gardener—when I cannot get work I sell fruit—I had my head on the table half an hour or an hour—I had no drink but a little beer—when I forced my head up, I saw Bertout take his arm from my neck—the money was gone then—I could see down my breast, and could see the hand going from my pocket, and my pocket turned inside out—I had not shut my eyes—Norman took the money—I cried out, "You have got
my money"—there were fifteen or twenty people in the tap-room—none of them are here—I had not time to look up directly—I did not tell anybody, or point them out, or ask any one to stop them; I was rather afraid—I had not been drinking before I went to the Black Cap—I swear I was not sleeping—I did not say the night before that I had lost 2l.—I thought I had lost 2l. that night, but next morning I found it safe—I did not say I would have a spree as I had found it—I was not drinking all day from one place to another—I was not the worse for liquor—I lost my watch some months before—I detained a person for stealing it—I did not charge him—he had to deliver it up—the landlady of the Black Cap had it—it was not taken from me because I was too drunk to take care of it—I was as sober as I am now—a man gave me a shove, and pulled the watch out of my pocket—I followed him to the tap-room, and said, "You have got my watch, he said, "I have not"—I put my hand on him, he pulled it out of his bosom and handed it over the bar to the landlady—the landlady gave it me—she did not have it to take care of—she did not say I was drunk—she said if I wanted 5s. I should have it—I accused the potman of stealing it—I did not prosecute him—I did not see Bertout walking to the station before I took him—I got this money at Mr. Bennett's, at Camden-town, where I work—I had worked there a week or a fortnight before—I had done jobs at different places besides—I have sold fruit in the streets the greater part of four or five monthsmy watch is in pledge now, and has been for a fortnight—I worked on that money—I received the 19s. the week before for selling fruit—I was in the habit of using the Black Cap.
JOHN SANDS (Policeman, S 362.) I was fetched to the Black Cap—Kearney's trowser's pocket was turned out—he gave Norman into my charge—he said he knew nothing of it—I searched him at the station, but found nothing—there were fifteen or twenty people there.
Cross-examined. Q. Kearney had been drinking, but was not drunk? A. I could not see that he had been drinking, he told me so—he was not drunk.
WILLIAM BLOOMFIELD (Policeman, S 380.) On Wednesday evening, 22nd Dec., I went with Sands to the Black Cap—Norman was given in charge—Before was not there—I found him about eight o'clock in the evening, sitting on the table in the tap-room—Kearney gave him in charge—he said, "You b—y old fool, I know nothing about your money"—Kearney said, "No, you held my neck"—I took him to the station—he and Norman were locked up in separate cells—I was in the yard—they could not see me—Bertout called out, "Buck, Buck!" Norman said, "Halloo, Jack, who cooked you?"—Bertout said, "I am d—d if I don't think our taters are cooked if we don't put a plant on the old man to stop him from coming; what a d—d fool I was to stop there, and not go on the errand you wanted!"
Cross-examined. Q. Was not it, "The errand you told me?" A. No.
MR. HORRY called
GEORGE BLAKE . On 22nd Dec. I was at the Black Cap. I had been potman there—I saw Kearney there first about eleven o'clock in the morning—he went out to get something to eat, came back, and was there till seven or eight o'clock—I saw him drinking and tossing—the prisoners were there—I think they were sitting on the other side of the room when he put his head on the table—I afterwards saw him get up and go out—I had not seen the prisoners near him; they remained where they were—he said nothing about being robbed till he came back with a policeman—two or three years ago he charged me with robbing him of a watch—he was drunk—the chain was hanging out of his pocket, I lifted it out as a matter of friendship, and gave it to my mistress—I have known him five years, and Norman twelve years—Norman bears the character of an honest man.
Cross-examined by MR. PARRY. Q. Is the landlady of the Black Cap here? A. No; I do not know who committed this robbery—I did not—there were eighteen or nineteen people there—I swear nothing was done to Kearney, and that his pocket was not hanging out—I am out of service—I was not in service then—I was not a companion of the prisoners—I did not drink with them—I was drinking there that afternoon—I had had nothing to do for six weeks I generally speed my days there—the landlord allows me to be there—I had nothing to cat that day—I had two pints of beer, I think—I had not earned anything for six weeks—I have a friend now and then—if I want anything
they give it me, if they can afford it—one of the prisoners is groom at the veterinary college in Camden-town—he was employed there the week before—they had not been at the Black Cap all day, they had only just come in—I was not in the tap-room all day watching Kearney, I had been out.
MR. HORRY. Q. How long were you potman there? A. Nearly two years—they continued to employ me twelve months after—I took care of the watch—I left because my mistress and I did not agree—I have had a place since at the Coopers' Arms, Somers-town—I am looking for a situation now, and have no hesitation in referring to the Black Cap.
MICHAEL KEARNEY re-examined. Blake was there when I laid my head on the table, and when I got up, if anything took place he must have seen it—he stood before me, with his face to me, and quickly turned his back when the hand went form my pocket.
MR. HORRY. Q. Have not you been endeavouring to get money from the prisoners' friends to settle this? A. No—a messenger came to me from Norman's friends, but I would not accept it.
(The prisoners received good characters.)
NORMAN— GUILTY . Aged 22.
BERTOUT— GUILTY . Aged 22.
Recommended to mercy by the Jury on account of their character.—
Confined One Year.
NEW COURT.—Tuesday, January 4, 1848.
PRESENT—Mr. Ald. MUSGROVE; Mr. Ald. HUGHES HUGHES; Mr. Ald. MOON; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Sixth Jury.
GUILTY . Aged 42.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MATTHEWS pleaded GUILTY .* Aged 19.— Confined Eighteen Months.
WILLIAM BELCHER . I am a grocer, in Holles-street, St. Marylebone. On 15th Dec. Simpson came to my shop, about twelve o'clock, and asked for a quarter of a pound of tea and one pound of sugar, it came to 1s. 3 1/2 d.—he gave me a shilling and a sixpence in payment—I noticed that the shilling was bad—I told him so—he said he was not aware of it, and he put down a good one—I detained the bad one—I gave him his change out of the good shilling he would have gone away, but a person came in and winked his eye, and went out again, and I detained Simpson in conversation till the person came back, and took him into custody—I asked him where he lived—he said in Park-street, Dorset-square—I asked him where he lived—he said to the officer—this is it.
watched them—they all three went up Hanover-street to Oxford-street, when Simpson left the other two, and went into Mr. Belcher's—the other two were waiting outside, a little way off—Simpson was taken in the shop by another officer—I saw a person whom I knew, while I was watching the prisoners—he did so, and came back and told me what he had done—I went to Matthews and the other person, and secured them both—the other was discharged by the Magistrate—when I attempted the take Matthews and the other, they made great resistance; Matthews struggled, and tried to throw me down—he got his hand into his pocket and got a paper out—I grasped his hand as it came out of his pocket—he threw it away two or three yards from him—I saw a person pick it up—it contained these five shillings and a half-crows—when Matthews took the paper out of his pocket, it burst, and I saw it was money—when the person picked it up, Matthews said, "Mind, that is not mine, as you have not found it on me"—I took him to the station.
CALEB EDWARD POWELL . I am inspector of coin to the Royal Mint—this shilling is counterfeit—these other five shillings are counterfeit, and they have all six been cast in the same mould—this half-crown is also counterfeit.
HENRY GIBLETT (Policeman, C 95.) On 15th Dec. Simpson was brought to Marlborough-street Police-court, by a Mr. Hampton—he said he had been to buy some tea and sugar for his mother, at Mr. Belcher's shop, and he had not passed any bad money—I found on him a 1/4 lb. of tea and 1 lb. of sugar.
Simpson's Defence. My mother told me to go and get some tea and sugar; I went and saw a young man who owed me a little money; I asked him for it, he gave me the shilling; I went to fetch the tea and sugar; Mr. Belcher told me it was a bad shilling; I told him I had another, which was the one my mother gave me; Clark told the Magistrate that he gave me the shilling.
SIMPSON GUILTY .* Aged 20.— Confined Eighteen Months.
MESSRS. ELLIS and BALDWIN conducted the Prosecution.
MARY ARMSTRONG . I am the wife of John Armstrong—we keep a coffeeshop, in Great Russell-street, Covert-garden. On 15th Dec. the two prisoners and three other persons came and asked for five cups of coffee—I served it—Greenfield gave me half-a-crown in payment—I saw it was bad—I took it into the parlour to my father, Mr. Wisedell—the parties were taken to Bow-street and discharged.
Greenfield. Q. It was the other young man who gave the half-crown? A. No, it was you.
THOMAS WISEDELL . I am father of Mary Armstrong. I saw three men and two women come into the room—the prisoners were two of the men—I got half-a-crown from my daughter—I noticed it was bad—I went and got an officer, and gave the parties into custody—I kept the half-crown in my hand—I did not mix it with any other money—I afterwards gave it to Collins, the policeman—I put it into my mouth, and bent it before I gave it him—I marked it—this is it.
CHARLES COLLINS (police man, F 67.) I took the prisoner into custody on 15th Dec.—I received this half-crown from Mr. Wisedell, I gave it to the inspector—I found a half-crown and a sixpence on Greenfield, and on Cooper 2 3/4 d., in copper.
EMMA LUCAS . I am the wife of William Lucas, who keeps the Mercers' Arms, Mercer-street, Long Acre. On the 20th Dec. the two prisoners came and asked for a pint of porter—they threw down a shilling to pay for it—I cannot say which of them gave it—I am sure it was one of them—I put it in the till, and gave them a sixpence and four pence change—Cooper took it—when I put the shilling into the till there was a sixpence and a half-crown in it, and no other money—in consequence of some communication made to me, in about two minutes' afterwards I took the shilling from the till; no other shilling had been put into the till—I had been there by myself all the time—I took the shilling into the parlour to Mr. Lucas—he came out, and said, in the prisoners' presence, it was a bad one—I told the prisoners it was bad, and showed it them—they said, "Did we give you that?"—Greenfield threw down 2d. for the beer—I gave the shilling to Cooper—He took it in his hand—my husband took it out of his hand again—the prisoners were given into custody; Greenfield at the bar, and Cooper was taken at the door.
WILLIAM LUCAS . On 20th Dec. I got a bad shilling from my wife—I gave it her back—I then went to the bar, and saw the two prisoners close together—I afterwards saw Cooper with the shilling in his hand, looking at it—I said, "Let me have that shilling?"—I took it out of his hand, and kept it till they were in custody—I gave it to the inspector at the station—he gave it me back—I marked it, and gave it him again—he gave it to White—this is it.
WILLIAM WHITE (policeman, F 88.) On 20th Dec. I saw the prisoners—they went into the Mercer's Arms—I took them into custody, Cooper just outside the door, and Greenfield inside—I received from the inspector this shilling—I found on Greenfield a half-crown, a shilling, and 7d. in copper, all good, and on Cooper, a sixpence, and 4d. in copper.
Greenfield's Defence. We went into the public-house, and called for a pint of beer; we remained in conversation twenty minutes; we gave no money whatever; the lady called this man, and gave him 10d. change, and then she said it was a bad shilling; I had only given the 2d. for the beer.
Copper's Defence. We never gave any money; we were drinking our beer; the lady gave me 10d. in my hand, and then she said we had passed a shilling.
GREENFIELD— GUILTY . Aged 24.— Confined Six Months.
COOPER— GUILTY .* Aged 22.— Confined Twelve Months.
MESSRS. ELLIS and BALDWIN conducted the Prosecution.
WILLIAM GRIFFIN . I am a chandler, in Little Compton-street. On Saturday afternoon, 18th Dec., the prisoner came and asked for half an ounce of tobacco, it came to 1 1/2 d.—he gave me a half-crown, and I gave him two sixpences and a Victoria shilling—I had given him no copper—another man came into the shop, and he said to the prisoner, "I do not wan you to pay for my tobacco, old fellow, I will pay for my own; take my 2d., and give me a clean pipe"—the prisoner then shoved the two sixpences and the shilling away from the light of the window and said. "Take your money back and give my any half-crown"—I gave him back his half-crown, and took up the money he pushed back, which was the two sixpences and a bad
shilling of George the Third—I am sure that was not the shilling I had given him—I observed it as soon as I went to pick it up—the prisoner was then just gone outside the door—I went out, and came up with him about fifty yards off—I charged him with passing a bad shilling—he wanted to look at it—I would not allow him to do that—I took him back to the shop; the other walked away—the prisoner then offered to give me another shilling and be the loser of it—I refused to do so—Bashford the policeman came and took him into custody—I gave him the shilling—I had kept it in my trowser's pocket where there was no other money—he was going to give it me to mark—the prisoner snatched it out of my hand—we had a long struggle; it took four of us to get it from him—we got it, and it was given to Bashford.
GEORGE BASHFORD (police-sergeant, F 5.) On 18th Dec. I was called into the shop—I took the prisoner into custody—I demanded the shilling—Griffin reached it over to me—the prisoner snatched it from me—I grasped his hand and kept it, till with assistance I got the shilling from him—I found on him a good half-crown.
Prisoner. Q. Who did he shilling to before he gave it to you? A. To no one—he handed it to me, and you immediately snatched it it.
Prisoner's Defence. Just before I was taken, the witness said he gave me two silver shillings; he told the Magistrate so, and he knows he did not; I am innocent.
GUILTY . Aged 18— Confined Six Months.
MESSRS. ELLIS and BALDWIN conducted the Prosecution.
ROBERT AUSTIN I am assistant to Mr. Winter, a perfumer, in Oxford-street. On 16th Dec. the two prisoners came there, about a quarter-pass five o'clock in the afternoon—Jones asked for a piece of sponge—I showed her some—she selected piece, which came to half-a-crown—she tendered a 5l. note to pay for it—I took the note into the parlour, to Mr. Winter, who was there at tea with Mr. Winter—Mr. Winter came from the parlour to give the change—she took out a purse and a pocket-book—she took four sovereigns from the purse and laid them on the counter, and was proceeding to take the remainder of the change from the till—she took out a half-sovereigh and 7s. 6d—Jones took up one of the sovereigns, and put it in her purse—Mr. winter had asked me the price of the sponge—I told her—Leavy remarked, that the sponge being only half-a-crown, she had half-a-crown, and she would pay for it—she produced half-a-crown—Jones then requested the note back again—Mr. Winter gave it her, and took the change up again—Jones took a sovereign out of her purse, and laid it down—they then went out—Mr. Winter counted the silver, and put that and the half-sovereign in the till—in consequence of what I said to her, she placed the sovereigns on on the glass-case and was looking at them with me—one was counterfeit—I immediately went in pursuit of the prisoners, I could not find them—when I returned, the sovereigns were on the glass-case—I saw this one amongst them—I weighed it with another, and found it was deficient in weight—there was then a bite on it—Mr. Winter wrapped it up in paper, and put it in the glass-casethe
policeman came—the sovereign was shown to him—I marked it—Mr. Winter then put it away in the glass-case—it remained there till the 23rd, when the policeman took it to the Mint—I know my own mark—this is the sovereign.
Cross-examined by MR. PAYNE. Q. Had you ever seen either of those persons before? A. No—I recognise them both—I recognised Jones at Newgate—I could not make up my mind respecting Levy—Jones had a child with her when I saw her in Newgate—she had not when she was in the shop—there was an apprentice in the shop besides Mr. Winter and me—this case was not investigated before the Magistrate—Levy did nothing but pay half-a-crown for the sponge.
MR. BODKIN. Q. How long were the persons under your notice in the shop? A. From five to ten minutes—I am positive as to Jones, and I have a strong belief that Levy is the other.
SARAH WINTER . I remember two women being at our place, about a quarter-past five o'clock—I have not the slightest doubt of the prisoners being the persons—I and my husband were at tea in the parlour—Austin came in with a 5l. note for change—I went into the shop, and saw the prisoners—I took out my pocket-book to put the note in, and I took out my purse, which contained seven sovereigns—I had taken them all in the course of the day, and examined them all to see whether they were good when I took them—they were all perfectly good—I took four out of those seven sovereigns for the purpose of giving change, and put them down on the counter—I had noticed that one of the sovereigns, when I took it in the course of the day, had the George and Dragon on it—I am not sure that that was one which I put down, but when I examined my sovereigns afterwards I found that one was gone—I had taken four sovereigns out, for the purpose of giving change for the note—I inquired how much was to be taken—I was told half-a-crown, and I put down four sovereigns, a half-sovereign, and 7s. 6d. in silver—Levy then said, "It is only half-a-crown, you need not change"—Jones then said, "I will not trouble you for change; I will take my 5l. note again"—I returned the note to Jones, and Levy put down the half-crown for the sponge—my change was on the counter near where they were—Jones was the nearest to it—when I returned the note, they immediately left the shop—I was taking up the change, and Austin said, "You had better examine it"—I counted it, and found it right in amount—Austin pointed out one of the sovereigns—I looked at it—it was a bad one—I did not think at the moment of whether either of the four sovereigns had the impressions of the George and Dragon on it—I thought of it afterwards, and I found no such one—this is the bad sovereignit is not one of the sovereigns that I put down, that I am quite sure of—it has not the impression of the George and Dragon on it—I have a great deal of money pass through my hands, and am a pretty good judge of it—while the change was on the counter, I think I had not occasion to turn away from the counter—when Jones said, "We will not trouble you for change," I was leaving the shop, and going back to the parlour—I merely turned—I did not turn away from the counter—it was after that, that Jones said, "We will not trouble you for change"—I had not notice whether either of them had interfered with the four sovereigns that I put down—on discovering this bad sovereign, I told my husband, and I marked it—this is it, it has the mark on it—it was then wrapped in paper, and kept apart from other coin till I gave it to the policeman.
Cross-examined. Q. What is the mark? A. A bite with the teeth on one side, and Austin marked it on the other side—I put the mark on it when I discovered it was bad—I did not put the sovereigns in my purse for some
time—after the prisoners left the shop, I picked up the four sovereigns from the counter—I put them down myself, and I took them up again—I had not seen either of the prisoners before, to my recollection—the George and Dragon sovereign was one that Mr. Winter had given me in the course of that day, and I remarked it being a very light one; that made me notice it—I did not weigh it, I put it in my purse with the others—I and Austin were in the shop, and I was just turning to go into the parlour, when she said she would not troble me for change.
THOMAS JOHNSON . I am in the service of my mother, Mr. Johnson, who keeps the George Inn, in Smithfield. On Friday, 17th Dec., between one an I two o'clock, the two prisoners came and asked for some port wine—I am sure the prisoners are the persons—it came to a shilling—Jones asked if we could accommodate them with change for a 5l. note—I took the note to my mother, and she could not—I took it into the parlour, and obtained the change from some persons who were paying for stock they had bought in the market—I obtained four sovereigns and two half-sovereigns, and gave them to Jones—I then took one half-sovereign to my mother, to take a shilling for the wine—she gave me change, and I put down two half-crowns and four shillings—while I was getting the change for the half-sovereign, a conversation commenced between Jones and the barrnaid respecting one of the sovereigns—I did not exactly hear the conversation—I think it was, that she thought that sovereign did not sound so well as the others did, and she should not like to take it—my mother overhearing it, and being vexed, got up, and said, "Give me your money back again, and I will get you your note"—they did so—my mother took the money back to the gentleman, got from him the five-pound note, and gave him the money—she then gave the prisoners the 5l. note, and they went away very quickly—Jones received the money, and she returned it back again—I belive the wine was paid for by a shilling; but I did not see that done—I saw my mother take back the change to Mr. Young; and immediately after he had it given back, he complained of one of the sovereigns my mother had given him—that was in the sitting-room—the prisoners had then left—I had left them at the bar when my mother took the change in to Mr. Young, and when I returned to the has they were not there—the bad sovereign was given to Inspector White.
Cross-examined. Q. The barmaid and Jones were talking about the sovereign for some time? A. Yes; two or three minutes—Mr. Young took the sovereign out of his pocket—I think he had not a bag—I think he took out one or two more than the four sovereigns and the two half-sovereigne—the barmaid asked the opinion of a toll-collector, who was standing there, if it was a good sovereign—he said it was bad—the barmaid said, "Oh, you are no judge,"or something of that sort—she seemed stiff in the opinion that it was good.
HANNAH MARIA JOHNSON . On Friday, 17th Dec., the prisoners came to my house—they were served with two glasses of wine—they wanted change for a five-pound note—I remember my son getting the four sovereigns and two half-sovereigns for the 5l. note—I changed one of the half-sovereigns for silver—I heard one of the prisoners say,"I don't know; this does not sound like the others. I should not like to take it"—she spoke to a friend who was with her, and to the barmaid—the gold was eventually given back, and the 5l. note was given to them.
Cross-cxamined. Q. The barmaid said it was a good one; she did not see
anything the matter with it? A. Yes; they still kept talking, and I said, "What a fuss is here! Give me back the money, and I will go and get the note"—it was my act to get the money back—they did not ask for it.
NODIAH WALKER . I am barmaid to Mr. Johnson—I remember the two prisoners being there, and change was given for a 5l. note—Jones said one sovereign was a bad one, and she gave it me to look at—I said I believed it to be good—I thought it was good at the time—they went away the moment they got the note back—I cannot say which of the two paid the shilling for the wine, I think it was Jones.
MRS. JOHNSON re-examined. It was Levy that paid for the wine.
NODIAH WALKER re-examined. I could not tell exactly which it was—I took the opinion of a gentleman at the bar about the sovereign—he said he would not give a shilling for it—I said, "Don't talk such nonsense."
MATTHEW YOUNG . I am a cow-keeper in Mile-end-road. On the 17th Dec. I was at the George Inn, West Smithfield—I gave the landlady's son change for a 5l. note—I gave him four sovereigns and two half sovereigns; they were all good—shortly after, Mr. Johnson brought four sovereigns and two half sovereigns back—she asked me for the 5l. note, and I gave it her—the money was laid down on the table—I took it up, and directly saw one sovereign was bad—that money was by itself—I had not mixed it.
Cross-examined. Q. How much gold had you altogether, before you changed the note? A. About 8l. or 9l., or it might be 10l.—I had taken it from Hill and Sons' banking-house—I put it all in my pocket—I did not weigh the sovereigns, or do anything to them—Mr. Johnson put down the sovereigns she brought in, on the table—she said there was some dispute, they did not like one of them—I knew I gave four good sovereigns and two halves—I do not want to lose the sovereign, and she does not want to lose it—young Johnson got the money from me, and he ought to have brought it back to me.
MR. YOUNG re-examined. This is the sovereign.
JOHN PEARSON . I am shopman to Mr. Purcell, of Cornhill. On Friday, 17th Dec., the two prisoners came there, about two o'clock or past—Jones asked for half-a-dozen puffs—they came to a shilling—she asked if I could oblige her with change for a 5l. note—I said, "Yes"—I gave her four sovereigns, one half-sovereign, a five shilling piece, and four shillings—the shop was full of customers—I gave the change into Jones' hand—as soon as I had done that, my attention was called to another customer—Levy then asked me the price of half-a-dozen puffs—I said, a shilling—she said, "Bless me, only a shilling! I will pay for them"—I replied, "I have taken for them out of the note, and given the lady the change"—she replied, "I will pay for them"—I received from her the shilling, and Jones gave me the change back—I had not given back the note—I saw one of the sovereigns was bad—I said, "This is your game, is it? I will send for a policeman"—while I was looking at the money, Levy said, "Give me sixpenny-worth of mixed biscuits, young man"—that did not call off my attention—I looked at the money and found one sovereign was bad—the young man who was in the shop went out called in an officer who happened to be outside the door—the prisoners could not understand what I meant—they said, was it a bad 5l. note—I said, "No bout you have changed one of my good sovereigns for a bad one"—they said, "I do not know what the young man can mean, is it a bad note?"—I had noticed the four sovereigns which I had given in change to Jones—I took them out of the till one by one—I saw
they were good, and directly the money was returned, I saw one was bad—the officer took the prisoners to the station—this is the sovereign—I gave it to the officer.
Cross-examined. Q. Did you tell the officer to do anything particular when he came in? A. I said, "I will give these two ladies in charge"—I told him to take hold of their hands, and take care they did not swallow the sovereign—I believe the policeman found nothing on them but an empty purse—when I had given the change, I had two or three sovereigns left—I had taken them in the course of the day—I did not weight any of the sovereigns.
MR. BODKIN. Q. Do you take a good deal of gold? A. Yes; and am a pretty good judge of it.
JOHN PALMER (City policeman, 655.) On 17th Dec. I was called to the shop and took the prisoners—I found an empty purse on Jones, and 1s. 6d. on Levy, and 1 1/2 d. in her basket—they were searched at the station and nothing found—they gave and address, but I could not find any account of them.
JONES— GUILTY .* Aged 20.
LEVY— GUILTY .* Aged 21.
Confined Eighteen Months.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
JOHN JENNINGS . I am a watchman in the service of the St. Katharine Dock Company. A little after seven o'clock, in the morning of the 17th Dec., I was on duty on the quay of the F warehouse—I saw a chest of tea which had been landed on the 15th or 16th—it was broken—I covered it with a Gunney bag—there was a hole in it big enough for any one of the put their hand in—a little time afterwards I saw the prisoner run away from the chest—I ran round to follow him, and my partner came up and caught him in his arms—I had to pass the tea-chest before I took the prisoner, and the Gunney bag was thrown off the chest on to the stones—I saw my mate stop the prisoner—he begged of him to let him go, for he was a ruined man, or something to that effect—while he was in the hands of me and Hutchinson, as we were takin him to the Dock-house, he rubbed me against the iron stauncheon in passing the bridge, and I was obliged to draw back—he got his left hand at liberty, and shoved up his hat and a quantity of tea fell out, and was thrown in the dock and on the bridge—he then said we might do what we pleased with him, he had got what he wanted.
Cross-examined by MR. ROBINSON. Q. Did the greater part of the tea drop on the bridge? A. No, in the dock—I did not find any tea in his hat when I took it off—another man gathered up the tea that was dropped—I had put the Gunney bag on the tea-chest after six o'clock the same morning—I am not able to say whether there was a hole in the chest when it came on shore—the prisoner worked on board the John Laird, the ship the tea came in—this chest was not close to the vessel, it was in front of it.
MATTHEW HUTCHINSON . I am a watchman in the service of the St. Katharine Dock Company. At a little after seven o'clock on the 17th Dec. Jennings told me there was a chest of tea on his beat that was broken—I
went with him to look at it—there was a hole broken in it that I could put my hand in—as I was afterwards going towards the chest, the prisoner ran away—I caught him by the collar—he said, "For God's sake say nothing about it; I am a ruined man"—I asked what he was doing there—he said he was at work on board the John Laird—we passed on the bridge, and as he got his left hand at liberty, he turned up his hat and the tea fell from it into the dock—there was a little dust of it on the bridge—when we got a little further, he got his left hand at liberty again and emptied his jacket pocket of some tea—I picked up this quarter of a pound of tea from the ground—I then took him on to the Dock-house, searched him, and found in his right hand jacket pocket this other quarter of a pound of green tea—I have a sample from the chest which corresponds with it—I asked him where he got it from—he said, "From the deck of the John Laird "—I went to the deck of the John Laird and there was none there—there had been five or six pounds of tea lost from the chestthere was a very large hole in it.
Cross-examined. Q. You cannot say whether the tea found on the prisoner was the same as that in the chest? A. I am satisfied it is the same, they correspond so much—when I collared the prisoner he spoke to me first, and said, "For God's sake say nothing about it; I am a ruined man"—I am sure I did not charge him with having stolen some tea-as soon as he said that, I said, "What are you doing there?" and he said, "I work on board the John Laird "—I have been a watchman twenty years—the prisoner has known me many years.
JOHN PASSMORE MUMFORD . I am superintendent of police at St. Katharine's Docks. The prisoner was brought to me by the two watchmen—I have examined this tea, and the sample from the chest—it is my opinion they are the same tea—they exactly correspond.
MICHAEL MULLY (policeman, H 98.) I took charge of the prisoner in the dock—he said, "I did not take it out of the chest; some tea spilt out of the chest on the deck of the vessel, and I picked it off the deck"—he afterwards said, "If I had had the chance I would have thrown it all away, and you could not blame me for it"—I found some leaves of tea in his hat, and some in his hair.
GUILTY . Aged 50.— Confined Two Months.
NOT GUILTY .
GUILTY . Aged 19.— Confined Six Months.
SOLOMON MARKS . I am a looking-glass maker, in Houndsditch. The prisoner was in my service—I went to Bishopsgate station, on 11th Dec.—I found the prisoner there, and this looking-glass, which is one of my own make—I do not know that he had anything to do with it.
JOSHUA MARTIN . On 11th Dec. a lad came to me, and offered a lookingglass for sale—he said it belonged to his mother—I said I would go to his mother—in going along, the lad ran away—I should not like to swear it was the prisoner—I kept the glass at home—this is it.
NOT GUILTY .
SOLOMON MARKS . I am a looking-glass maker. The prisoner was my errand-boy—on 14th Dec. I went to Bishopsgate station—I found the prisoner, and these two looking-glasses, which are my property—they had not been sold—my wife and myself serve in my shop—she is not here—one of these was marked to be taken to pieces, to send into the country—the number is on it, and my own mark too—this sack is mine—it was used for carrying corn to the horse—I never authorised the prisoner to take out a glass, unless it were personally given to him.
JOHN MILLS (City policeman, 636.) On the morning of 14th Dec. I was on duty in Petticoat-lane—the prisoner came by me, with this sack on his shoulder—he looked very hard at me, and I at him—I suspected him, and ordered him to stop and show me the sack, which he refused to do—I took it from his shoulder, and found these two looking-glasses in it—on the way to the station he ran away, and threw the sack down—I took him again, and as we went he passed his master's—he said that was where he worked.
Prisoner. My master's son gave them to me to sell; when he saw the policeman he ran away.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Four Months.
ROBERT HAMMOND, I am a harness-maker, at Waltham-cross—I rent a field by the high-road to Cheshunt, about 200 yards from my house. In July I was about to make a division in that field; I drove some stakes in, and fastened some rope to them—about the middle of Oct. I went to that field, about nine o'clock at night, and saw the rope as I had put it, quite safe—I went the next morning, at six o'clock, and it was gone—it had been cat from each end—I found the ends of it round the two end-posts, and gave them to the policeman—this is the rope—I know it by the nails that I put in it, to nail it to each stake, which were seven or eight yards apart—I nailed it myself with sixpenny clasp-nails.
JOHN LOGSDAILE (policeman, N 136.) On the morning of 12th Dec., between twelve and one o'clock, I went with the prisoner and his horse and cart, to his yard—I took him on another charge—I then went with Bridge, and found this rope in a tub, just inside the stable; it corresponded with the rope that was lost—I took it to Mr. Hammond, and to the field, measured it with the posts, and with the nail-holes in the posts—I drew some of the nails out of the posts, and they corresponded with the nails in the rope.
Cross-examined by MR. BRIARLY. Q. Would the rope be tight, when placed against the posts? A. I pulled it tightly, to make it fitit then fitted very nearly, except the bits that were left on the ends.
NOT GUILTY .
I stopped him, and asked him where he got the hay—he said it blew from his cart—I followed the cart, and overtook it; his younger brother was driving it—I followed it into his yard.—I gave the prisoner in charge to another officer—I found in the cart a sack, containing three fowls, and a leather wanty—I asked the prisoner where he bought them—he said "At Stortford-market"—I took him to the station, came back, and searched his stable, and there found the other things.
Cross-examined by MR. BRIARLY. Q. What is the use of this wanty? A. It goes under the horse's belly in the cart—I charged him with having unlawful possession of the fowls, but that charge was dismissed.
WILLIAM WALKER the younger. I live with my father, William Walker, at Enfield. I look after his farm—he had three leather wanties six months ago—I missed them all three at different times—I missed the last, six or seven weeks ago; it had been lost some time before I missed it—I searched the premises, and could not find it—this one has the appearance of it—there is a peculiarity in the sort of leather—no man in our neighbourhood has a wanty made of brown leather; they all prefer black leather—I missed some onion seed, which was lying in bulk, to dry—it was all partly dressed; there was some undressed by the side of it—I have seen that produced—this is in the same state as that we lost—it is my father's.
Cross-examined. Q. Whose is the wanty? A. My father's—I limit my observation, with regard to the colour, to our own neighbourhood—this is an ordinary colour for leather—they may have this colour in other neighbourhoods—I do not speak positively to the seed; it is not possible to do that—I think it was lost about the second week in Nov.—the prisoner was taken on 11th Dec.
JAMES GROUT . I am a harness-maker, at Enfield—I made three leathern wanties for Mr. Walker, in July—this wanty is one of my make, but I will not swear it is one of those three—I have made other brown wanties for him only, not for any other customers, since I have been in business.
Crossed-examined. Q. How do you mean it is your make? A. I cut it out myself—it was worked by my men—I can match it with my own tools, which are here—I have used this instrument a great many years—I dare say there may be other tools of the same sort made.
GUILTY . Aged 31.— Confined Twelve Months.
OLD COURT.—Wednesday, Jan. 5th, 1847.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice PATTESON; Mr. Justice MAULE; Mr. Ald. GIBBS; Mr. Ald. HUGHES HUGHES: and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Third Jury.
428. JAMES BRICE , burglariously breaking and entering the dwelling-house of Esther Sampson in the night of 15th Dec., at Kensington, and stealing therein 30 forks, 42 spoons, 3 bottles, 1 1/2 pint brandy, and other articles, value 3l. 5s.; 8 groats, 14 pence, 50 halfpence, and 21 farthings; herproperty; to which he pleaded.
GUILTY . Aged 25.— Transported for seven Years.
GUILTY . Aged 65.— Transported for Seven Years.
430. FREDERICK GRIMES , stealing, at Wilsden, 1 watch, value 30s., and 6 sovereigns, the property of Darius Langley; and 2 handkerchiefs, 10s.; the goods of Alfred George Barker, in his dwelling-house.
ALFRED GEORGE BARKER . I keep the Green Man, at Harsden-green, Harrow-road, in the parish of Wilsden—It is my dwelling-house. On Monday, 6th Dec., the prisoner took a night's lodging at our house—I did not know him before—he left on Tuesday morning, about half-past eight—on drawer of a bureau in a room adjoining the one in which he slept—I had seen them safe on the Monday morning.
DARIUS LANGLEY . I am ostler at the Green Man. The prisoner slept in the same room with me on Monday night, 6th Dec.—I got up before him and left the room—I missed six sovereigns and a watch as I was going to bed on the Tuesday night—I had seen them safe on the Sunday might—they were wrapped in a handkerchief in a box, which was locked—I found the snap of the box broken—this is my watch—(produced).
ANGUS BAIN (City policeman, 65.) About a quarter to twelve on Tuesday, 7th Dec., I took the prisoner into custody in Lower Themes-street—I took him to the station, and found on him these two silk handkerchiefs and this watch—he was asked if he had any money—he pulled out four half-crowns and sixpence, and said, "That is all the money I have got;" and on searching him he dropped this purse, containing five sovereigns.
Prisoner's Defence. I bought the handkerchiefs; the watch is my brother's; my father gave me the money.
GUILTY . Aged 15.— Transported for Seven Years.
CHARLES LOXTON . I am a seaman. On 10th Dec., between two and three in the morning, I was at the Cock public-house in Tothill-street—the prisoners and others were there—I was not perfectly sober—Lever came behind me and threw me down on my back—he then put his hands into my pocket and took my purse—I turned round and grappled with him, and nearly got the purse out of his hand—while doing so, while Lever got away with my purse—out of his hand—while doing so, I was pushed down on my face, I cannot say by whom—they held me down, while Lever got away with my purse—I called out "Police," and the constable came—I desired him to go and search the back premises—I asked the landlord for a candle—he would not give me one, but laughed at me—we get a match, and went into the yard to look for Lever—I did not find him—I afterwards saw him by the bar—I went to call the police, and when I brought the police back Lever was gone—Glynn stood at the bar, and I gave him in charge—I went with him to the station, then returned to the Cock, and found Lever and gave him in charge—I have never found my purse—it contained a sovereign and robbed—when—I had a friend with me—he had gone backwards when I was robbed—when I got up off my face, Glynn was standing over me—I am sure he was there—I cannot say that he was taking any part in my being pushed down.
Lever. Q. When I first met you, what house were you in? A. The
Nag's Head, in Tothill-street—a friend, named Brannan, was drinking with me—there was no female or any one else in my company—I called for a quartern of rum and handed it to you to drink, knowing you—you asked my name, and a young woman said, "It is Charlie Loxton"—I said I had been to sea—I did not ask you to come across the road and have something to drink, Brannan did—I went over and called for sixpenny-worth of rum, and you called for sixpenny-worth—you asked me to go home to your place to sleep with you, as Brannan said I was a long way from home—you called for a pot of stout, and after drinking it, said, "I am going home, Charlie "—we then went over to the Nag's Head again, and had two or three glasses there—we then came out, and I bib Brannan good night—he asked me for a shilling and I gave it him—it was you that asked me to go into the Cock—I called for gin and water and a pot of beer—I did not say "Sit down, and stop a little longer"—I heard something said about a young man having been living with Brannan's wife, but I knew nothing about that—they did not get scuffling, nor did I go to help up my friend who was knocked down—nor did you, being intoxicated, fall on the top of me—I went to the bar to change a half-sovereign, and you followed me—I got my purse partly out of your hand.
COURT. Q. How long had you been drinking with him before this took place at the Cock? A. Two or three hours—I know him eight years ago, but since then I have been to sea—I paid for part of what we had, and he paid for some—I took out my purse before I got to the Cock and paid money out of it.
WILLIAM WARDLOW (policeman, B 87.) On the morning of 10th Dec., about half-past two, I heard the cry of "Police" from the Cock public-house—I went there—Loxton opened the door and said he had been robbed—I asked the landlord for some matches, went and searched the yard, but found no one there—there was a place where they could have got away—I then went away—I was called again about a quarter of an hour after, and found Glynn there—Loxton gave him in charge, and said he was a party with the one that had escaped, and held him down while the other robbed him—Glynn denied it—I took him to the station, then went back to the Cock, and found Lever there—he appeared to be drunk and told him what I wanted him for—he said he would not come with me—he resisted, and laid hold of my collar—we struggled together—I got hold of him, got assistance, and took him into custody—he kicked me—I searched for the purse and did not find it—when I first saw the prosecutor I thought he was drunk, but afterwards I believe he was not; it was only excitement—he was sober enough to know what he was saying.
Lever. Q. Where was 1 at the Cock when you saw me? A. In the tap-room—you appeared to have been drinking—you knew me—I did not say when the prosecutor came in, "I do not see him here"—I did not say, "Halloo, Bunce," nor did the prosecutor on that say he knew you—I kicked you on the leg after you kicked me severely.
GLYNN— NOT GUILTY .
LEVER— GUILTY . Aged 21.— Transported for Seven Years.
Before Mr. Justice Maule.
432. JOHN PHILLIPSON, alias John Wilson, and GEORGE ANDERSON, alias Alfred Fair, breaking and entering the dwelling-house of William Oliver Bright, at St. Marylebone, and stealing there in 2 dressing-cases, value 2l.; 1 ring, 35l.; and other articles; the goods of Edward Fleming; both having been before convicted.
MR. PAYNE conducted the Prosecution.
MARY FITZSIMMONS . On 17th Dec. I was in the service of Major-General Fleming, who was lodging in the house of Mr. Bright, in Backer-street—my mistress sent me out about seven o'clock that evening, I returned about ten minutes to eight—when I came up the stair as far as the drawing-room door, I lighted my candle from one the slab outside the drawing-room door—I smelt a great smell of lucifer matches coming from my mistress's bedroom up stairs—I went up, the door was wide open—I looked through the hinge-part of the door, and saw one man, I heard two speak—the man I saw was at the table at the foot of Mr. Fleming's bed—there were two dressing-caseand a Bible on the table—the dressing-cases were kept apart from each other, but when a looked through the door one was on the top of the other—I had seen them about six o'clock—the man was setting on e on the top of the other—I did not see him life them, but he was fixing one on the other—I took a good view of the man—it was the prisoner Phillipson—I have doubt whatever about his being the person—I shut the door, took hold of the handle, and screamed "Murder! General Fleming, there are robbers in your room"—I made as much noise as I could—I held the door outside, and they pulled inside—they got it open, rushed out, knocked me down, and kicked me—I dod not see them—it was dark—if Mr. Fleming came out of the drawing-room she would have an opportunity of seeing the persons who came down the stairs—Phillipson was brought back to the house in a few minutes—I know him again.
MARTHA GARDINER . I am housemaid to Mr. Bright, of No. 11, Baker-street. on the evening of 17th Dec., I let in Mary Fitzsimmons—about three minutes. afterwards I heard her screaming up stairs—I thought she was in a fit—I ran up the kitchen stairs, and swa two men running down from the drawing-room stairs—I saw the face of Phillipson—the man ran round George-street—I saw Phillipson stopped—I was near him when he was stopped—I am sure he was the same person that had passed me in the house.
JOHN RAGSDALE . I am an ironmonger, in Croydon-street. About eight o'clock, on the night of 17th Dec., I was near the corner of George-street, and Manchester street, and saw two persons running—Phillipson was one—I stopped him—Martha Gardiner was within about ten yards of him at the timeahe said he was not the person, it was the man running on the other side—I could not see the other so as to recognize him again.
JOHN COOPER (policeman,. D 84.) On the night of 17th Dec. I heard a cry of "stop thief!" and saw Ragsdale stop Phillipson—he said, "I am not the man"—I took him back to the prosecutor's house, searched him there, and found a latch-key and 4d., a pair of gloves, and a handkerchief—I afterwards found on him at the station this black bag, which I produce—it would hold a large quantity of things—I then returned to the prosecutor's house, and this lucifer-box was given me containing matches, and a piece of wax tapper—the latch key found on him will not open the door of the hopuse in Baker-street.
CHARLOTTE FLEMING . I am the wife of Major-General Fleming. We were lodging at No. 11, Baker street on 17th Dec.—these two dressing-cases were on the table in my bedroom at the foot the bed—they were kept one on each side the table—they were never kept one on other—I had seen them
about six o'clock—about eight o'clock I heard Fitzsimmons call out—I was sitting by the fire reading—I instantly ran out of the drawing-room door, took up the candle that was on the slab outside the drawing-room door, and ran up stairs, and about five steps up I encountered the prisoner Anderson—he was just two steps above me on the turn of the stairs—I saw his front face—I had a candle in my hand, and it gleamed right on his face—I did not see any other person, but I heard some one rattling down the stairs in advance of Anderson—I have no doubt of Anderson being the same man I saw—I gave a description of him to the policeman directly I came down—one of these dressing cases contains my things, and the other the General's—I found this lucifer-match box on the rug outside the drawing-room door—it was open, as if thrown down, and a piece of candle on the stairs—I was present when Phillipson was brought back to the house—I said directly that he was not the man I saw—I went to the police-station on the Monday night following, saw Anderson there, and recognized him to be the man.
Anderson. Q. In what way did the person pass you? A. I can hardly say, I rather think on the banister side—they are narrow stairs—you rushed past me, and I rather think you pushed me against the wall—I think I observed you for fully two seconds, because you seemed to be puzzled how to pass me—I think I saw you for three seconds, for I saw your dress, and remarked all that you had on—you had on an open dark frock-coat, a black satin stock, or handkerchief, and I think a dark waistcoat—I told the policeman that the young man I saw had black eyes, dark hair, small features, and was between twenty-three and twenty-four years of age—I cannot tell how many persons in private clothes there were at the Police-court when I saw you—I saw a good many there—some were in a separate place—you were inside there—when I came in I turned to the left, right opposite that place—I came with the policeman, and some of my own familythe policeman told me that the person who was taken would be shown to me—he did not say upon what evidence he had taken you—I believe it was from my description—he said he thought he knew who you were—the inspector asked me if you were the man, and I said, "Yes, to the best of my belief"—I looked at you afterwards, you were very differently dressed—I paused for some time, because General Fleming had told me to be sure to look well before I said anything, and I then said, "Yes, that is the man"—I did not contradict myself afterwards—it was just about eight o'clock that I saw you in the house—I cannot say to a few minutes—it was not five minutes difference either way.
MARTHA GARDINER re-examined. Anderson looks something like the last man I saw—I had not the same opportunity of seeing his face as I had the other's—I saw the boxes on the table about a quarter to seven o'clock, one at each side—that was the usual position in which they were kept.
Anderson. Q. Which man passed you first? A. Phillipson, and you were close behind him—I saw your back as you were going out at the door—you both pushed me against the wall—I could not have held you.
JOSEPH WARD (policeman, E 128.) I received information of this robbery—I know Anderson by the name of Alfred Fair—I heard he was wanting, and went to a coffee-shop in Porter-street, Leicester-square, on Monday, 20th Dec., about eight o'clock—it is about a mile and a half from Baker-street—I saw him there, and asked him to come with me—he said yes, he would go to any place with me—when we got outside the door, he asked what it was for—I said for a robbery in Baker-street—he said, 'If that is the case, I am all right"—I searched him, and found on him two handkerchiefs, three keys, some lucifer-matches, two knives, and a bad halfpenny—they were the same
✗ort of luciser-matches as those in the box found on the rug—part of them are silent matches, and part noisy—I tried one of the keys to the area-gate of No. 11, Baker-street, and found it would unlock it.
Anderson. Q. How long have you known me? A. About two years—I knew you by the name of Alfred Fair, when you lived under the Star coffeeshop, in Oxford-market—your mother told me that was your name—the superintendent asked me at the station who gave me information about you, and I said a brother constable—I had not seen you since the day before we wanted you for horse-stealing at St. Alban's—that is eighteen months ago last June—I knew you working in your own trade then—I have heard otherwise since, from various police-constables, one of whom is in Court now—I have heard that you have been in custody and convicted, and resorted with thieves.
ELIZABETH MIDDLETON . I am employed at a Berling wool-warehouse, at 12, Baker-street. On the night of the robbery, about ten minutes to eight o'clock, I went from No. 12 to No. 10, and met two men—I passed them—I remained at No. 10 about two minutes, and as I was going back again I saw the same two men standing in the doorway of No. 11—to the best of my belief the prisoners are the two men—one was taller than the other.
Anderson. Q. In what position were they standing? A. With their backs to the door—it was raining a little.
EDWARD FLEMING . I am a Major-general in the army. I know the contents of these boxes—one is my wife's, and the other mine—they were kept one by the side of the other—I never saw them one on the other till my maid called my attention to them that night—I picked up the red handkerchief that has been spoken of, in the bed-room—I gave it to the policeman.
Anderson. Q. Is there more than one family living in this house A. Only my own, that I know of—Mr. Bright is a dressmaker, and there are dressmakers that come to the bottom of the house—my bed-room door was unlocked—no one went into the room, after we had washed our hands for dinner, except the maid,
SARAH BRIGHT . I am the wife of William Oliver Bright, who keeps the house, 11, Baker-street. About eight o'clock on the evening in question I heard a violent screaming, and saw two men come quickly down the stairs—I did not see their faces—I have seen the boxes side by side on the table—I never saw them one on the other—I picked up some lucifers in the room—a young lady lives with us—she had not anything to do with the General's part of the house—no one uses these stairs but the General's family and mine; the young lady does not, only in the morning and evening—there are three other young persons who sleep in the house, but they were all in another room at the time—they go up these stairs to go to their bed-room—the young persons were all in a back room at the time of the screaming, and came forward at the time.
COURT. Q. If anybody went into your area, could they go down some steps, and get into the basement part on the house? A. Yes, but there were two servants at the time in the kitchen, and they must have seen any one if they came in at the area-door.
Anderson. Q. Can you prove that none of your young people had been up those stairs that evening? A. I can, for I particularly inquired of them—they never go up of an evening—no one enters General Flemings' bed-room, not ever myself.
Phillipson's Defence. On the night question I had been to Paddington,
being a tailor, to a gentleman I worked for, an army clothier, and as I was coming down George-street, in my way home, I heard a cry of "Sop thief!" I joined in the cry; there were thirty or forty persons running; a tall man crossed the road; I stopped; a female was running behind him, and the policeman came up, and laid hold of me; I said, "It is not me, it is the other man across the road;" he looked across, and saw another man running; they took me back to the house; the lady says there were only three females there, there were about twenty in the passage; I am sure ten came out of the back parlour; they searched me, and found this bag on me; I said I was a tailor, and how I gor my living; no keys, or anything, were found on me, only a latch-key, belonging to the house where I lodge; there was a patent Bramah lock to the prosecutor's door, which was taken off, and brought to the policeoffice; it is a lodging-house, and dress-makers live in the house, and they seemed to be there that evening; the bed-room door was open, and anybody was free to go up and down stairs; no property was tied up or carried away, only these things shifted a few inches; it seems that that the servant had been in the room from six to eight, dusting or preparing for the General to go to bed; she might in her mistake have placed one box on the other to dust the table.
Anderson's Defence. No one can prove how the persons got in; no locks were broken; on the night of the robbery, from about five in the evening till nearly eleven. I was in Mr. Rowbotham's coffee-shop, sitting reading the paper and talking to the landlord; I went home at eleven, and went to my work again in the morning, and was backwards and forwards there till the Monday evening, when I was apprehended.
WILLIAM ILLSLEY . I am waiter to Mr. Rowbotham, who keeps a coffeeshop at 13, Porter-street, Newport-market. On 17th Dec. the prisoner Anderson came there about a quarter-past six o'clock—he remained there some considerable time—I went out on business about half-past six, and came back at a quarter-past seven—he was there then, and remained there about an hour and a half after.
Cross-examined by MR. PAYNE. Q. Is this the Mr. Rowbotham who kept the Finish? A. Yes—it is a night house—Mr. Rowbotham was in bed at the time—he goes to bed in the day time, and gets up at night—Mr. Rowbotham was up—Anderson uses our house occasionally—he was taken into custody there—I am confident this was on Friday, 17th Dec.—he was there every night—there were two or three customers in the room besides—I do not know their names—I cannot say what time any of them came in or went away—I have not said that I went out at six, and did not see him again that night—I did not swear so at the Marylebone police-court—I do not recollect it—it some time ago—I do not know whether the other customers were thieves—I am not aware that out house is frequented by thieves—it is a night house—I am the waiter—I do not wait night and day—I go to bed when it is most convenient—I did not go to bed at all that night—I cannot say what the other persons were having.
PHILLIPSON— GUILTY . Aged 23.
ANDERSON— GUILTY .
Transported for Seven Years.
433. GEORGE ANDERSON, alias Alfred Fair , was again indicted for stealing, at St. George, Hanover-Square, 7 beds, 8 bolsters, 13 pillows, 24 blankets, 9 counterpanes, 3 pictures, and other articles, value 50l.; the goods of Hugh Reilly.
MR. PAYNE conducted the prosecution.
HENRY COOKSON . I am a carman in the employ of Mr. Dark, of Robert-street, Grosvenor-square. On a foggy Tuesday in Nov., about five o'clock in the afternoon, I was ordered to go with a covered van to No. 36, Grosvenorstret—a lad went with me—he knocked at the door, it was opened—there were three men inside, the prisoner was one of them—some bedding, carpeting, and pictures, were brought out of the house—the prisoner assisted in bringing them out—the van was about ten minutes loading—when it was completely loaded, an apron was tied round behind—that would conceal what was inside—they all got in the van, two in front and two behind, and we drove to New Oxford-street—we stopped there and had some beer—the two in front, the little one and the prisoner, told me to stop there—the prisoner got out of the van there and brought some beet out of the public-house—he was close to me all the time I was driving the van—and when be brought the beer out I had an opportunity of seeing him—he then walked down Holborn a little way, and said to the lad who had fetched the van, "Give me my handkerchief out, and I will go and get my coat"—I went on with the van, and saw the prisoner again just by the City toll in Holborn—he paid the toll—we went on to a pulic-house opposite Aldgate Church, in the Minories—after calling for some beer, the prisoner and two of the men went away from the van up a lane by the side of the public-house, leaving the boy there—they all came back in about a quarter of an hour—we all went round Tenter-street, I believe, stopped at a house there, and Anderson and the two other men went in there—the boy remained outside—they all came out again in a few minutes, and directed me to go on and turn round the first turning to the left—I got to a gateway, and they told me to wait there a few minutes and they would come back directly—one of the men said, "You had better come up here"—I cannot say which one it was, they were all together—the gateway was not hight enough for the van to get up—the men went up the gateway and remained there about a quarter of an hour—while they were gone a police—sergeant and a policeman came and made some inquiry of me, and as I was talking to them two of the men came down the yard—I do not know whether the prisoner was one of them—as soon as they saw the policemen they ran back again—I saw no more of them—the policeman took the van and the goods to the station.
Prisoner. Q. What did the person who came to hire the van say to you? A. He said there had been a sale in Grosvenor-street, that they had been packing up goods all day there, and wanted the van take them away—it was agreed to pay 18d. an hour for the van—it was about half-past four when the boy came—another man put the horse to—I left home about five, and got to Grosvenor-street about five minutes after five—I stood by the van while you and the two others brought out the things—I know you by your face and your talk—I saw you in the public-house as plainly as I see you now—I saw the pictures when they were put in the van, one was George the Third and the other and old horse—they were tied up—I saw them undone at the station—after leaving New Oxford-street, I was directed to stop at Sun-street, Bishopsgate—you stopped at a public-house there—the house in Oxford street that you went into was the Oxford and Cambridge stores—I
saw you go in and call for the beer—I got out of the van—both you and the little man called for beer—the third man stopped by the side of the van—I noticed you most, because you were more tha master than the others.
EDWARD PORTER . I am a brush-maker, and live at 3, Diamond-alley, Stepney-green. On Tuesday, 2nd Nov., I had occasion to call on a man named Ray, at 12, Tenter-street, Spitalfields, for a pair of boots, about seven o'clock, or a little before—it was a very foggy night—after I had been there some little time, I heard a vehicle at the door, and three men and a lad came into the house—the prisoner was one of them—they said, "We have got something here for you, and Fanny will be round presently to pay for them," or "fetch them," I cannot be sure which—they said there were ten or twelve feather beds—Ray's wife was there, and said she would not have them there for 1,000l.—they did not consent to have the things left there—I went out into the street, and the lad said to me in the hearing of the prisoner, "The b—won't have them, b—curses to his soul; we have had it all the way from Edgeware-road; we shall have to pay 6s. or 7s. to the carman for them"—I saw the van when I went outside the door—Ray went out for the purpose of going round to the woman they called Fanny, who lived in Petticoat-lane, not two minutes' walk from where the van was stopping—the van passed the house and went round Shepherd-street, down White's-row, and into Bellalley, Spitalfields—I went and spoke to Sergeant Barker, and took him to the man.
Prisoner. Q. Where was I when you first saw me? A. You came in and stood at the table in the middle of the room—you were the party that spoke—I swear that—the light was full on your face; I had a full opportunity of seeing you—I made up my mind what I should do the moment I saw you—I could swear to the lad again, and Phillipson I believe to be one of the men—I said so at the office, but I could not swear positively to him—I had not so good an opportunity of seeing him as I had of seeing you, and you were the active spokesman during the whole affair.
HENRY CHARLES BARKER (police-inspector.) I was a sergeant on 2nd Nov.—I saw Porter that evening, and he took me to the van—it was driven by Cook—I took an inventory of the things—it contained the articles stated in the indictment—Mr. Reilly afterwards saw the property, and I delivered it up to him on 16th Nov.—I marked the pictures before doing so—this is one of them—it is a portrait of Lord Thurlow—I have since been to 36, Grosvenor-street, and have there seen the same property.
HUGH REILLY . I live in North-place, Park-lane. The house, 36, Grosvenor-street, is mine—let it furnished—the furniture in it was mine—that house was unlet on 2nd Nov., and the furniture was left in it—the house was locked up—in consequence of information, I went there on 2nd Nov.—I found the house in confusion, and missed several beds, blankets, and quilts—I afterwards saw them at the station, and they were delivered up to me on the 16th Nov.—they were the things that had been in the house, 36, Grosvenor-street—I do not know exactly when I had last seen them—I think it is three years ago since I looked over the house—my agent is here.
WILLIAM DENN . I am clerk to Mr. Hay, a house-agent, Conduit-street. He had the letting of 36, Grosvenor-street—it was unoccupied in the beginning of Nov.—I took the inventory from the last tenant about eighteen months ago, and examined the furniture subsequently—the last time I was there was about four months ago, when I showed it to a party—everything was there then, to all appearance—after the robbery I went to the house
with the inventory, and the things there produced by the officer exactly corresponded with the inventory—I know this picture—I have frequently seen it in the house—the value of the property is 50l.
Prisoner's Defence. On the day of the robbery I was at work with a shopmate in Holborn, from seven o'clock in the morning till nine; I then went to my mother's and stooped there till ten, went home and went to bed; I never heard any more of this, till I was taken for the robbery in Baker-street; then some parties came forward and said I was concerned in this robbery.
GUILTY . Aged 21.— Transported for Ten Years.
Before Mr. Justice Maule.
434. EDWARD KEMP , burglariously breaking and entering the dwelling-house of William Low, in the night of 1st Jan., at St. Andrew, Holborn, and stealing therein 10 sixpences, 1267 pence, and 565 halfpence, his monies, having been before convicted.
MR. PLATT conducted the Prosecution.
MARTIN CASEY (City policeman, 284.) On 1st Jan., a little before two o'clock in the morning, I was in Field-lane, Holborn, by the One Tun public-house, of which Mr. Low is landlord—I heard the sound of copper money, and called the sergeant's attention to it—he rung the bell—I heard a man in the house say, "Here he comes"—I went round to the black of the house to Plough-court, which is no thoroughfare—there is a wall there belonging to Mr. Tite's house—an alarm was given—I ran in pursuit, and saw Humphries with the prisoner in custody—he was taken to the station—I searched him, and found ten sixpence and some silent matches in his waistcoat-pocket—I asked his name and address—he refused to give it.
RICHARD HUMPHRIES (City policeman, 289.) In consequence of information from Casey, I listened at the door of the One Ton, and heard a noise like the drawing out of a till and emptying the contents—I heard a very light footstep inside—there was a no light—I stood close by the corner of Plough-court, within sight of the front door, and saw the prisoner fall from the wall. which is a about sixteen feet high, into the court—he attempted to run down the court, as if it was a throughfare—he could not run; hobbled about sixteen paces, as if hurt by the fall—I caught him I, casey, and the pri-soner were the only persons in the court then—I have got you now, now, old fellow" he said he was not the person who well form the wall—I took him to the station, saw him searched, and ten sixpences and some lucifers taken from him.
Crossed examined by MR. BALLANTINE. Q. Have you tried the matches? A. Yes: they make a very slight noise—the first words I said to him were "Hello, old fellow! I have got you at last"—I do not recollect saying a word more—I might have said something about falling from tha wall—I do not think I said more than I have told you—I said that, having had him pointed out as a very bad character, and the companion of reputed thieves—I was not looking after him—I said it, as there had been a robbery about six week before, and we missed the robber—my brother George was with me; he is led—I did not keep him walking about with me; he merely called about two o'clock to see if I had any message to send to my mother at Stepney—he was going there—he is a messenger at the Daily News office—I first saw him on Holborn-hill—I had not appointed to meet him—I was at the public-house door when be came up.
MR. PLATT. Q. You had only seen him a minute or two before this took place? A. My attention was called to the noise before I saw him.
GEORGE HUMPHRIES . I am brother of last witness, and live at Cottagehill, Commercial-road. I am a messenger at the Daily New printing-office—between two and three o'clock I was on my way home, and saw my brother standing at the door—I stood there, and heard a cracking like some one coming over some railing, as if something was giving way—there were iron railings on the wall—I saw the prisoner fall from the wall—I did not see him on it—he got up, and limped up the court, which is no thoroughfare—I went after him—he was taken—he had no coat or jacket on—part of the railing fell down—he was the only man there but me, and the two officers.
Cross-examined. Q. Did you meet your brother accidentally? A. I went to invite him to my mother's—I had not agreed to meet him—I knew where to find him—I am not out with him very often—I call sometimes of a night—I have not been in any case before, except as a witness for a policeman in a charge of assault against a gentleman—the only way I get my living is by being a messenger.
ROBERT ENO (City police-sergeant, 268.) I remained near the premises while the other officers went to the station—when the door was opened I went in, found the tills open, and a piece of print, like a handkerchief, on the floor, containing 1l. 10s. 8d. in copper—I went into a cellar below, and found this jacket—(produced)—it contained a knife, and 2l. 0s. 0 1/2 d. in copper—2l. 18s. 5d. in copper was lying loose near it—I found a door on the first floor, which leads to the leads, open—a person getting over the leads could drop from the wall into the court—there were no marks on the door.
WILLIAM LOW . I am landlord of the One Tun. It is my dwelling-house, and in the parish of St. Andrew, Holborn—I went to bed about a quarter-past one o'clock—I went over the house—it was all safe—I searched, as I had been robbed before—about half-past two I was awoke by the police, came down, and found a quantity of copper removed, a writing-desk broken open, and the contents in confusion—the till had been opened, and the sixpences taken out—I found some copper on the bar-floor, tied up in a handkerchief like this produced, which does not belong to any one in the house—I have seen the prisoner wear one like it round his neck—in the cellar I found a jacket with a large quantity of copper in it—there was 3l. on the desk, packed up, in five-shilling papers—I left between 6l. and 7l. in copper there the night before—I was the last person up—I closed the scullery door, and bolted the outer door—I looked everywhere where a person could hide himself—a person could pass from the leads, over the adjoining buildings. into Plough-court—my kitchen is on the first floor, adjoining the leads—there is a door from it on to the leads, which I was not in the habit on locking—it fastens with a common spring-bolt, which opens with a turn to the hand—I left is closed.
Cross-examined. Q. Did you lose any money? A. I am not aware that I did—the paling on the leads between my house and the next was broken, so that a person might have got into Plough-court—they must have got from Plough-court into the kitchen—there is a very high wall there—a young man informed me that it was very easy to get up.
GUILTY . Aged 22. Transported for Seven Years.
NEW COURT.—Wednesday, January 5th, 1848.
PRESENT—Mr. Ald. COPELAND; Sir JOHN PIRIE, Bart.; Mr. Ald. GIBBS; Mr. RECORDER; and EDWARD BULLOCK, Esq.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 27.— Confined One Year.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 23.— Confined One Months.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Eighteen Months.
GUILTY . Aged 15.— Confined One Month.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 35.— Confined Six Months.
GUILTY . Aged 16.— Confined One Week.
The prisoner being deaf and dumb had the evidence explained by her sister.
was turning to go back—I felt a tug at my pocket—the prisoner brushed past me and ran away—I missed a purse and money from my pocket—I ran, caught the prisoner, held her, and called for assistance—she made some noise, and I said to her, "Don't pretend to be a foreigner"—she put her hands together—a policeman took her—I saw her drop something at a trunkmaker's door, in Leadenhall-street—nothing was found upon her—this is my purse (produced)—it contains one sovereign and three shillings.
Prisoner. I never touched the lady's pocket.
JOHN WHITE (City police-constable, 667.) I took the prisoner—I found the purse behind the scraper at a trunkmaker's door, in Leadenhal-street, and showed it to the prisoner at the Mansion House next day.
Cross-examined by MR. PAYNE. Q. Were there not a great many persons about? A. There was a crowd, and the prisoner brushed past me.
NOT GUILTY .
WILLIAM PARNELL (City policeman, 653.) On 23rd Dec., in the afternoon, I was in Houndsditch, and saw the prisoner with this portmanteau on his head—I called and asked him what he had got, and where he was going—he made no answer—I caught hold of his hand—Owen came up and said, "He has just stolen the portmanteau from out shop."
GUILTY . * Aged 21.— Confined One Year.
ROBERT PACKMAN (City policeman, 133.) On 23rd Dec., about half-past eight o'clock in the morning, I was in Aldermanbury—I saw the prisoner with a writing-desk under his arm—I followed him to Jewin-street, and asked what he was going to do with it—he said he had been to offer it for sale to a young man who was a porter to a wine-merchant, near Cheapside—I asked if it were his own—he said it belonged to his fatherin-law, who had won it at a raffle some months before—I went to his father-in-law, Mr. Stapleton, where he directed me, and he knew nothing about it.
JOSEPH GOLDING . I live at the Blossoms' Inn, Lawrence-lane—this desk is mine; I know it by some scratches on the top that I did accidentally myself, and the lock of it was out of order—I saw the prisoner at my bar on the Wednesday or Thursday—I could not swear whether I served him, or the servant—I saw this desk safe on the Thursday, and missed it on the Friday—I believe the prisoner has been in great distress—I never knew anything against him before.
(The prisoner received a good character, and William Charles Williams, a cab-proprietor, engaged to employ him.)
GUILTY. Aged 35.—Recommended to mercy by the Jury. — Confined Fourteen Days.
MR. BALLANTINE conducted the Prosecution.
DAVID WALLACE . I am shopman to Mr. Benjamin Harvey and Mr. Nicholls. On 10th Dec., about twelve o'clock, I noticed a woman coming to the shop—she was served by the prisoner—I saw her put three shillings and a penny on the counter—the prisoner asked if she wished to have the bill he had just made out—she said, "No," and went away without it—the prisoner took the money up as well as the bill—it was his duty to go and pay the money in at the desk, to enter it in his book, have the bill stamped and return it to the customer—he did not do so—he passed the desk and returned, and while returning, I saw him put his hand towards his pocket—I told Mr. Harvey.
Cross-examined by MR. PRENDERGAST. Q. What did the lady buy? A. A variety of articles, amongst other things a small quantity of net—I knew her as a customer—I endeavoured to find her address, but could not—I did not know her name—I inquired if any of the young men knew her name—I was within six yards of the prisoner when he sold the goods and got the money—I was nearer to him when he passed the desk—we have a considerable trade, and a great many customers at certain parts of the day—we have generally most in the afternoon—this took place about twelve o'clock—I gave infomation to Mr. Harvey about twenty minutes past five—I had before spoken of it to one of the young men—neither of my masters were in the shop—Mr. Harvey was confined to his room unwell, and Mr. Nicholls was out on business.
MR. BALLANTINE. Q. Did the prisoner pass the desk with the money? A. Yes—he did not communicate with the cashier—in addition to paying the money to the cashier, it was his duty to enter it in a book.
Q. Have you got the bill here that ought to have been stamped? A. No, that would not shoe the name of the customer but merely the items—there was no notice given to the prisoner so as to call on him for an explanation—he was given into custody about eight o'clock that evening—I believe he made sales between twelve and eight o'clock, and many exceeding 3s.—the prisoner was not spoken to.
LOUISA DUNBALL . I live in Ann-street, Sloane-street, Chelsea. On 10th Dec., about half-past seven o'clock in the evening, I went to Mr. Harvey's and bought articles which came to 1s. 3 1/2 d.—I paid the prisoner one shilling, and the rest in halfpence—I did not receive any bill.
Cross-examined. Q. What did you buy first? A. I bought them all one after the other—I did not give hi, the shilling first, I gave the money altogether for four articles—I did not observe that he did anything unusual—I had been to the shop before, and the prisoner had dealt with me just as the other young men had—I did not ask for a bill—sometimes they make one, and sometimes they do not—I very seldom lay out so small a sum—there were very few customers in the shop—I am sure it was the prisoner that served me—I did not see what he did with the money—I am very often in the shop—I have been there for these four years sometimes two or three times in a week.
JAMES NICHOLLS . I am in partnership with Mr. Benjamin Harvey—we are drapers at Lowndes-terrace, Knightsbridge. The prisoner was in our service about ten months—his salary was 40l. a year, and his board and lodging—on 10th Dec., when I returned from the City, I received information from Mr. Harvey—I gave Mr. Tuck two half-crowns—I afterwards gave him a
shilling which was marked, and two penny pices—supposing a sale to be effected above the value of a shilling, it is the shopman's duty to make out a bill and have it examined by the young man next to him, and if he finds it right, to take it to the desk, and pay the money in with the bill to the cashier—the cashier would stamp the bill, and return it to the young man, who would enter it in his own book and return the bill to the customer—we have a number of young men—the number varies from twenty-eight to forty—after I had parted with the 1s. 2d. to Mr. Tuck, I saw Angelica Armes come to the shop, whom I had instructed Mr. Tuck to send—she came to the counter to the prisoner's department—he served her with four yards of muslin at 3d. yard, and two pieces of cotton cord, at a penny each—that made 1s. 2d.—I saw her pass the money to the prisoner at the second counter—I saw him take it—I then went to the back shop, in sight of the cashier's desk—I saw the prisoner go up to the desk, write on the slate "2d.," and then put his hand to his pocket, and go away from the desk—I do not know whether he spoke to the cashier—if the sale were under a shilling it would he his duty to put the amount on that slate, and lay the halfpence on the desk—that was what he did—as soon as he went from the desk to the front shop, as I thought, going to his customer, he turned round the corner, and went down stairs—I followed him and said, "Curtis, you served a customer with four yards of muslin, for which you took 1s. 2d.; the shilling you have not paid in to the desk"—he said, "I paid it in to the desk"—I told him to walk up stairs with me, and as soon as I saw a young man, I sent for an officer—there were nine or ten shillings I think, found in the prisoner's waistcoat pocket, and amongst them, the shilling I had marked, and I think 13l. in notes and sovereigns in a pocket-book, in his coat-pocket—I had seen him put his hand towards his waistcoat-pocket, or the side-pocket of his coat—this is the shilling I marked; I have no doubt of it—I have the prisoner's book—he should enter the amounts in it before he leaves the desk—here is no entry in it of this 1s. 2d., nor the 1s. 3 1/2 d., nor the 3s. 1d.
Cross-examined. Q. Are you a partner in this firm? A. Yes; we have articles of partnership—I share the profits and the losses with Mr. Harvey—I have capital in the concern—it is possible such a thing might occur, that the young men might not make out bills when the sum is of small amount; but I should tell them if they repeated it I should discharge them, we should not allow it—I have seen such a thing done, but we never pass it over the first time—I do not think it is done ten times in a week, we should not allow it—I have the slate here—it has been ever since taken care of in the clerk's desk, I think—it was not at the police-office—I went immediately to the cashier, who was at the desk, and asked him what money Curtis gave him—the cashier was not at the police-office—here are two marks on this shilling, cut with a knife on the rim, on the reverse side—I only marked this one—the two half-crowns came in correctly, because he had to get change out of the desk—I think the pocket-book was in his side-pocket—I do not know whether a pocket-book is usually kept there—it was a private pocketbook—Mr. Tuck saw me mark this shilling—I did not take a copy of the marks—it was not many minutes, after my marking it, before it was in the prisoner's possession.
RICHARD WILLIAM TUCK . I am clerk to Messrs. Harvey and Co. I saw Mr. Nicholls mark this shilling near the rim—I did not take it in my hand to look at the mark—I would not swear to it—I gave the same shilling I received from Mr. Nicholls to Mr. Askew.
received a shilling from Mr. Tuck—I did not notice the marks on it—I gave it to Armes.
ANGELICA ARMES . I received a shilling and two pence from Mr. Askew—I went to Mr. Harvey's and bought four yards of muslin and two skeins of cotton cord, they came to 1s. 2d.—I paid the prisoner for them with the money I received from Mr. Askew—I went to the shop for that purpose.
Cross-examined. Q. Are you sure you dealt with the priosner? A. Yes—I went away as soon as I had got my goods—I did not wait for a bill—I had been to the shop before—I have generally laid out three or four shillings, and always got a stamped bill.
PHILIP WATSON . It is my duty to receive the cash at Mr. Harvey's—I was at the desk on 10th Dec.—I recollect Mr. Nicholls coming and speaking to me that evening—I had immediately before received twopence from the prisoner—he came up and said, "Twopence," and then he put it on this slate (produced)—there was nothing put on the slate afterwards, till Mr. Nicholls came to me—I got out of the desk directly, and put a cross against the twopence the prisoner had entered—this is it.
Cross-examined. Q. How long afterwards did Mr. Nicholls come to you again? A. Almost directly—I left the slate hanging up to be used by anybody, not to be rubbed out by anybody; I always rub it out myself—I did not go to the Police-office—the slate did not go.
COURT. Q. Was it the last entry against which you put the cross, or was there any entry under it? A. No; there was not—my attention was called to the slate before any further entry was made on it—Mr. Nicholls had been to me before—I thought there was something the matter, I put a cross that I should remember the last amount the prisoner gave.
MR. PRENDERGAST. Q. What do you put these lines on the slate for? A. That the figures should not get confused in adding up—we pu nothing but pence down here—they ought not to put money into their pockets—they ought to bring it up—I never received any money out of their pockets, without it has been from a porter—I had been cashier about a week.
JAMES WEBSTER JONES (policeman, B 59.) I was called in about eight o'clock that evening and took the prisoner—I searched him in his employer's presence—I found on him two 5l. notes, 3l. 10s. in gold, 11s. 4d. in silver, and 9d. in copper—I have produced this shilling, which I found on him—it has been in my pocket ever since—I told him the charge—he said nothing.
GUILTY . Aged 26.— Confined One Year.
Before Edward Bullock, Esq.
CALEB GROVES (City policeman, 78.) About eleven o'clock at night, on 14th Dec., I saw the prisoner near Cheapside—he was intoxicated—I took him to the station—I took his Wellington boots out of his pocket, and found in his pocket these two spoons and fork—in the morning when he was sober, he said he knew nothing about them.
JOHN MERRICK . I am waiter at the York Hotel, Covent-garden, kept by Mr. John Green. On tuesday evening, 14th Dec., about five o'clock, the prisoner came—I am sure it was him—he ordered two kidneys—he had them paid and went away between six and seven—he had nothing to drink there—he was perfectly sober—I did not miss anything till I came to court the plate—then missed these two spoons and this fork—these are them.
Prisoner's Defence. In the morning, when I came to myself, I did not know how I become possessed of them; if I had taken them, it would not be with any view of benefit to myself; they took away 24s. or 25s. from me at the prison; I had only been in England a few days; these things could be of no use to me; I have been abroad fifteen years; I have had the highest testimonials.
GUILTY . Aged 30.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JAMES KENNALLY . I am a porter, in the employ of the Eastern Counties Railway Company. On 20th Dec., about half-past four o'clock in the afternoon, a train was expected at Shoreditch—I saw the prisoner on the platform there before the train came in—when it arrived the luggage was taken off, and he went up to a carpet bag, and was in the act of stooping, when a person came and took the bag away—he then went to some other luggage, and took this portmanteau up—he went away down some steps—I followed him, and about half-way towards High-street I stopped him, and said, "Does that portmanteau belong to you?—he said, "Yes"—I said, "Are you sure?"—he then said he was going to take it to the address—I said, "What is the address?"—he was going to look—I said, "No; tell me the name on it?"—he said, "Call me a cab "—"No; come back, you are in custody"—I took him back—Mr. Sedgwicke came and claimed it—the prisoner was taken to the station—there was no portmanteau belonging to the prisoner at the railway.
Prisoner. Q. Why did you watch me? A. I had seen you before with what I fancied was bad company.
Prisoner's Defence. I came up by the train; I had portmanteau on the train when I left Norwich; I took through mistake for my own.
GUILTY . Aged 26.— confined Twelve Months
JAMES THORBURN MAITLAND . I lodged at the Crown and Anchor, king's Head-court, Shoe-lane—I am a compositor. On the night of 31st Dec. I received a sorvereign, 3 half-crowns, and a few coppers, at the Daily News office, for my wages—I went to the Green Dragon, in Fleet-streer, with a friend—the prisoner came in, and I said, "Poor girl, I will give you something to drink, and I should like to give you something to eat"—she said, "I will have a drop of gin"—I said, "No; you shall have some brandy"—she put her hand to me to thank me—I took out a shilling to pay for it, and took out the sovereign, and placed it on the top of the other money, so as to have it next my breast in my pocket—she put her hand in, and took out the money—I clasped her hand, and saw a sovereign in her hand—she stooped down on her knees, and struggled—I sank down too, and lost my hold of her—she put her hand under her petticoats—I told the inspector she must have a pocket at the bottom of her dress—he allowed me to search—I did not find the sovereign.
Prisoner. Q. Were there not two females in your company? A. There was a man and his wife, and a female who came in just before—I was drinking—I did not call for a glass of beer for your.
Prisoner. You put your hand into your pocket, and took out two pence; you said you had lost a sovereign; I said I had no money but what I brought out of doors, which was a half-crown, a sixpence, and three pence; you kept my band till the policeman came in; the inspector found the half-crown and sixpence, and three pence; the woman could find nothing on me. Witness. There was a shilling and fourpenny-piece found on the floor—I know I had the fourpenny-piece—I let go her hand when I could keep it no longer—I then clasped her round, and kept her to the bar—I was in such a state of excitement I do not know what she said—I burst into tears—I am quite sure she put her hand into my pocket, because she withdrew the lining with her hand.
Prisoner's Defence. I had a half-crown, a sixpence, and three pence; it was all my money; I did not see a farthing with him but the twopence he paid for the glass of ale with.
GUILTY . Aged 22.— Confined Six Months.
WILLIAM COX (Thames policeman, 72.) On Wednesday evening, 15th Dec., I saw the prisoner in Broad-street, Ratcliff, carrying a bag—I watched him into a marine-store shop—I went in, and asked him what he had got there—he said, "Iron"—I said, "Where did you get it?"—he said he bought it of a man in the street, and gave him a shilling for it—I told him I did not believe him, I should take him into custody—I was taking him towards the station, and he said, "Let me go this way, my cart is here"—I went that way with him—there was a cart with "William Cubit and Co., Gray's-inn-lane," on it, loaded with iron similar to what the prisoner had—I went round to Mill-wall with him, to Mr. Cubitt's factory—I told the prisoner he ought to be ashamed of himself for robbing his employer—he said, "I am sorry for it."
Cross-examined by MR. PRENDERGAST. Q. What is this iron? A. It is termed crockage or cuttings—I had never seen the prisoner before—I have not brought the person here from the marine-store shop—a person was coming down the shop when the prisoner put the iron into the scale—there are plenty of old iron shops about there—I do not know of any where they sell iron in small quantities.
FREDERICK RICHARD ANDREWS . I am clerk to William Cubitt and others, of Gray's-inn-lane. The prisoner was their carman for two years and a half—on 15th Dec. he was sent out with a cart to Euston-square, and to bring back a load of iron of this sort from the factory in Gray's-inn-road—it is the property of william Cubitt and others.
Cross-examined. Q. Have I not seen on the carts, "W. and L. Cubitt?" A. Yes, some time back, but not lately—I did not weigh the iron in the cart—the invoice the prisoner brought from Gray's-inn-road was 15 cwt., and the iron weighed 15 cwt 1 qr. 15 lbs—there is an allowance for waste
(The prisoner received a good character.)
GUILTY. Aged 37.—Recommended to mercy by the Jury and Prosecutor. — Confined One Month.
WILLIAM NEWLAND (policeman, T 39.) On 17th Dec. I watched the prisoner—I saw him leave Mr. Hardy's premises, at Cowley, with a basket on his shoulder, between four and five o'clock in the afternoon—I said, "You have some wood here, Tidd"—he said, I said I would take him into custody—he said he hoped not; it was the first he ever took, and if I would let him go, he would never take any more—he said he had a job to do—I took him to Mr. Hardy's—he was not at home—I then took him to the station—he there repeated that he was very sorry—the basket contained three pieces of mahogany, and six pieces of deal—I went to the prisoner's house—I found some more boards, a sash-line, some glue, and other things.
THOMAS HARDY (the younger.) I live at Cowley, in Middlesex. My father, Thomas Hardy, is a builder there—the prisoner worked for him—I cannot swear to this wood—I marked some similar to this, but that was not taken away.
RICHARD SOLOMON RICHARDSON . I work for Mr. Hardy—the prisoner also worked for him—I received directions, and watched him—on 17th Dec. I saw him put seven pieces of wood in this basket—he put it under the bench—I do not know what he did with it afterwards—I informed the policeman.
NOT GUILTY .
453. ADOLPHUS STANNEROS , stealing 1 coat, value 5s.; and 1 pair of trowsers, 2s.; the goods of Giovanni Sercovick: also 1 jacket, and 1 pair of trowsers, value 6s.; the goods of Paolo Machesello, in a port of entry and discharge.
(The prisoner, being a Swede, had the evidence explained by an interpreter.)
GIOVANNI SERCOVICK (by an interpreter.) I am a seaman, on board the brig Scoode in the London Dock. On the morning of 18th Dec. I was asleep in the forecastle—I heard a bottle fall on the deck—I jumped up, went on deck, and saw the prisoner in the rigging cutting the jackets from where they were tied up to dry—they belonged to me and to another man belonging to the ship—they fell on the deck—I took the prisoner, and the jackets and trowsers—he wanted to jump overboard—I made an alarm—a policeman came—this is my jacket and trowsers (produced.)
Prisoner. The man was up in the rigging, and took them down himself. witness. No, I did not.
PAOLO MACHESELLO . I belong to the Scoode, in the London Dock—I remember the morning the prisoner was there—there were jackets and trowsers hanging in the rigging—this jacket and pair of trowsers are mine—I came on deck, and saw the prisoner cut the jackets from the rigging—he threw them down on the deck—he came down from the rigging, and was going to jump overboard—I and the other man stopped him till the policeman came.
LAURENCE DOYLE (policeman, H 184.) About two o'clock in the morning of 18th Dec. I was in the London Dock—I heard a cry of "Watch!" went on board the brig, and saw the two witnesses and the prisoner—his hands were covered with black paint—some jackets and trowsers were at his feet on the deck—some of the jackets were fresh painted black—these are them.
GUILTY . Aged 20.— Confined Two Months.
OLD COURT.—Thursday, January 6th, 1847.
PRESENT—MR. JUSTICE PATTESON Mr. JUSTICE MAULE; Mr. Ald. GIBBS; Mr. Ald. JOHNSON: Mr. Ald. MUSGROVE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
454. RICHARD YOUNG , feloniously breaking and entering the dwelling-house of Thomas Finch, at Hammersmith, and stealing therein 1 padlock, value 6d.; 18 buttons, 1s.; 400 marbles, 2s.; 30 seals, 4s.; 1 telescope, 5s.; 1 sixpence, 6 pence, and 9 halfpence, his property.
THOMAS FINCH . I occupy a dwelling-house at Hammersmith. On 30th Nov., about twelve at night, I fastened up my house and shop safe—I was the last person up—next morning, about seven o'clock, I received some information from my brother, in consequence of which I went to my workshop, which communicates with my house internally, it is all under one roof—I found part of the frame of the workshop window removed, and the window sufficiently open for a small boy to get through—it had been shut the night before—the door was also open—I missed from the shop a telescope and a small quantity of catgut—from the room adjoining I missed 1s. 4d. in money, a brass padlock, two or three dozen loose buttons, 400 or 500 marbles, two or three watch-keys, and a packet of letter seals—the things were in different drawers—there was a livery cost in the room, from which about eighteen plated buttons, with a crest on them, were cut, three only were left on the cost—it belonged to a servant, and was left in my possession—this is the padlock I lost (produced)—I have no particular mark on it—there are many such, but it exactly corresponds with the one I had—the value of all the pro—perty taken is about 15s.—I know the prisoner form his entering my premises about five months back—I have known him living in the neighbourhood for three or four yours past.
ANN ANSTACE . On 1st Dec., about eight o'clock in the morning, I saw the prisoner close by his own house, with another little boy standing under a wall—I afterwards saw them playing with buttons exactly like these produced—I noticed them, and had them in my hand—he also had from about 200 to 300 marbles in his cap—he lived in the same house with me, and slept there, but not on the Tuesday night.
HENRY MOUNT (policeman.) I took the prisoner into custody—his mother gave me this padlock in his presence—he said he had bought it of a boy for a halfpenny—as he was going to the station he said that he did not get it himself, it was a gipsy boy that asked him to show him the place where he had previously got in, and he went and got the things, and afterwards gave him half of them—the button I have produced I got from the coat—I got the first information from Mr. Anstace.
GUILTY. Aged 11.—Recommended to mercy. — Transported for Seven Years. (The prisoner had been before convicted, and several times in custody.)
saw it safe about four o'clock, and about an hour after, in consequence of information, I went to the field, and it was gone—I found it on the Wednesday following at Mr. White's, the slaughterer's; and that same evening I saw the prisoner over the water, going into a playhouse—knowing him before, we had something to drink together at the William public-house—he said nothing then, only that he sol the horse for a man against Holloway-gate—I saw him in custody a week afterwards—he said nothing then—he never said anything to me about the pony.
JAMES BRENNAN (police-sergeant, N 9.) From information, I apprehended the prisoner at Islington workhouse on 21st Dec.—I told him I came to apprehend him for stealing a horse, which he had sold in Whitechapel—he said, "Very well, I will go with you"—he said nothing more—he said at the police-court that he had sold it, but did not steal it.
JOHN CARPENTER . I am in the service of Mr. White, a horse-slaughterer. On Monday evening, 13th Dec., about ten minutes after six, the prisoner brought a pony to be slaughtered—he said he had it to sell for a gentleman, a cowkeeper, at Holloway-gate—I bought it, and my mistress paid for it—I have seen that same pony here—the prosecutor saw it in my presence, and Mr. Abbey saw the same pony.
Prisoner's Defence. As I was coming through Whitechapel, about a quarter to five, a man asked me where there was a slaughterer's; I told him of three of four; he said, "If you will come and show me, I will give you something for your trouble;" I stood talking for a while; he then said, "You go to the slaughter-house, and I will give you a shilling;" I said, "Where am I to say it comes from?" he said, "From Jones', at Holloway;" I went and asked 24s. for it; they only gave me 1ls.; I gave the man the money, and he gave me ls., got up into a light cart, and drove away.
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Justice Patteson
456. SAMUEL URIAH STOTTER , feloniously forging and uttering an order for the payment of 35l., with intent to defraud John Masterman and others: other Counts, stating his intent to defraud William Robert James: and other Counts, calling it a warrant for the payment of money.
MESSRS. BODKIS and WILDE conducted the Prosecution.
JOHN GARWOOD . I am a clerk to Mr. John Masterman and others, bankers, of Nicholas-lane, Lombard-street Mr. William Roberts James, solicitor, of Ely-place, keeps an account there—on 23d July, 1847, this check (Produced) was brought to me by Mr. Champion, a clerk of Messrs. Mastermans—I gave him for it a 40l. and three 5l. Bank of England notes—I have here the entry of the numbers, which I made at the time—the 40l. note was number "N. L. 55105"—these are the notes
cannot name the individual from whom I received it—it came separately in the after-part of the day, between three and four o'clock, I think—I did not take it in—it contained this check—I delivered it to Mr. Garwood, and received from him these Bank of England notes—I took the letter and notes to Mr. Smith.
ROBERT SMITH . I am a clerk to Messrs. Mastermans'. I received this letter from Mr. Champion about five o'clock in the afternoon, with a 40l. and three 5l. notes—I cut the notes in halves, and inclosed one set of halves in a letter which I wrote—I cannot remember whether I sealed it—very likely I put a wafer in it—I gave it, after inclosing the halves of the notes, to Mr. Robinson, another clerk, whose duty is to enter letters—it was addressed to "Mr. Headlow, Spring-cottage, Kensington."
(WM. BASE, clerk to Messrs. Bush and Mullens, solicitors for the prosecution, proved the service of a notice on the prisoner and Mr. Hobler, his solicitor, to produce three letters, one dated 21st July, 1847, from Mr. James to James Smith, Ancrum, North Britain, and two others, dated 23rd July and 27th July, 1847, from Messrs. Mastermans' to Mr. Headlow, Spring-cottage, Kennington.)
BENJAMIN ROBINSON . On 23rd July, I received from Mr. Smith a letter containing the halves of some Bank notes—I coped that letter into the letterbook, which I have here—I then gave the letter back to Mr. Smith—he returned it to me, and I put it in the usual place for letters to go to the post—I did not observe whether it was sealed when Mr. Smith gave it to me again—it was sealed when I put it in the place to go by the post.
Cross-examined. Q. Do you, in fact, remember anything about this letter? A. I do; I put it on the counter in the country-office about four o'clock in the afternoon—our letters generally go to the post at half-past five—Newman, one of the porters, took charge of the letters from the counter—it was his duty to post them.
ROBERT SMITH re-examined. This letter. (b) was given to me on 27th July, at the banking-house, in the course of business—I then wrote another letter, and inclosed in it the remaining halves of the bank notes—I plsced it on the counter of the country-office to go to the post.
GEORGE CHESTER . I have been for fourteen years employed as a letter-sorter at the Newington or Kennington branch post-office. I have known the prisoner about five or six years, which is as long as he has been employed there as a letter-carrier—I have repeatedly seen him write—I have looked carefully at these two letters (a and b)—this one (b) I conscientiously believe to be his—I cannot speak so positively to the other—(looking at it again) I have not the least doubt of its being his writing—I can tell it by the tail of the letter g, that convinces me it is his—I believe it to be his writing—I cannot speak to the check—I am doubtful about it—I cannot speak positively to it—I cannot speak to it at all—this other letter (c) I believe to be his writing.
(Letters read—a. "Kensington, July 23, 1847. Gentlemen, will you favour me by cashing the inclosed, and forwarding to me one 40l. and three 5l. notes of the Bank of England, at your earliest convenience, and you will oblige, gentlemen, your humble servant, Ellen Headlow," Addressed to 'Messrs. Masterman and Co."
b. "July 26, 1847, Spring-cottage, Kensington. Mr. E. Headlow would feel obliged to Messrs, Mastermans and Co., and begs to acknowledge the receipt of the halves of four Bank of England notes, and begs they will favour her with the others as soon as convenient.")
BENJAMIN ROBINSON re-examined. This is the copy of the letter of the 23rd July—(read—"Messrs. Mastermans and Co. present their compliments to Mr. Headlow, and beg to forward the halves of notes for 55l., and will forward the remainder on receiving her acknowledgment of the receipt of the inclosed." Addressed to "Mr. E. Headlow, Spring-cottage, Kensington.")
ROBERT SMITH re-examined. This is the copy I made of my letter of 27th July—(read—"Messrs. Mastermans and Co.'s compliments, and beg to inclose the remaining halves of the 40l. and three fives." Addressed to "Mr. E. Headlow, Spring-cottage, Kensington.")—The first letter, containing the check, also contained an envelope, with the address, "Mr. Headlow, Springcottage, Kensington," on it—the first halves were not inclosed in that envelope, that was kept for the second halves, as the first letter did not contain the full direction which the envelope did—I took the address of my letter from that envelope.
RICHARD NEWMAN . I am a porter at Messrs. Mastermans'. I was acting as such on 23rd and 27th July last—on those days I took some letters to the post—I do not take them all—it is the usual practice for me to take the letters—I cannot say what letters I took—I put all in the post that I took.
Crossed-examined. Q. At what time did you take the letters to the post the last time? A. I cannot say; we take them at various times, all day long—I cannot say whether I took any after four o'clock; it is impossible to recollect—there is one other porter, named John Thurgood—we each take letters as they come out.
WILLIAM ROBERTS JAMES . I am a solicitor in Ely-place. I keep an account at Messrs. Mastermans', and did so on 23rd and 27th July last—this check is not my writing—I know there is such a person as Mr. Headlow, but I am not acquainted with her—as clerk to the Guardians of the Holborn Union, I have been in the habit of transmitting small sums for her to Mr. J. Smith, of Ancrum, North Britain—I have sent a check to him for her very recently—the last I sent, before this affair, was on Thursday, 22d July—I did not put that letter into the post myself, I put it into my letter-box—I have not since seen or heard of the check that was in that letter—the signature to this check appears to be an imitation of mine, but the body is nothing like my writing—I very seldom draw checks upon blank paper—I have done so occasionally, when I have transmitted them by post.
JOHN FREDERICK FERGUSON . I am clerk to Mr. James, and was so on 22nd July—I usually put the letters into the post every day a little after five o'clock—I posted the letters, on 22d July, at the post-office at the corner of Hatton-garden.
Cross-examined. Q. Do you recollect the 22nd July? A. Not particularly; but I post the letters every day, if there are any—I was at the office on 22nd July—there might be some days when there were no letters.
MR. BODKIN. Q. If any letters were put by Mr. James into the letter-box on 22nd July, did you post them? A. Yes.
MATTHEWS MARSHALL, ESQ . I am chief cashier of the Bank of England. This letter, marked "c," was brought there last July, by a boy—it contained several bank-notes, which I delivered to Mr. Higman—(read—"Westmin-ster, July 28, 1847. to the Cashier, Bank of England. Sir,—I shall feel obliged by your cashing the enclosed notes in gold, and sending it by the bearer. If you would do me the favour to tie them tight in a bag, you will further oblige me. I have endorsed them, and remain, Sir, yours, respectfully,
E. Wingrave")—I questioned the boy, and detained the notes and the letter—I think I told the boy he had better let the party who gave him the notes come to the Bank himself—he them left.
WILLIAM HIGMAN . I am a clerk in the issue department in the Bank of England. On 29th July I received these four bank notes, and the letter marked "c," from Mr. Marshall, by the porter—I was afterwards sent for into Mr. Marshall's room, and saw him on the subject—I had the notes with me—I saw the boy Walker.(The notes being read, were "No. N. L. 55, 105," dated 7th Jan., 1847, for 40l.; three fives, "Nos. P. P. 71,432-3 ande 4," dated 14th June, 1847.)
JOHN WALKER . I live with my father, a matter carpenter, at Wood-street, Westminster—I am between thirteen and fourteen years old. One day in July I was near the Coach and Horses public-house, in our neighbourhood, kept by Mr. Glanville—it was the election day, and that was the meeting—room—whilst I was standing there, the prisoner came and asked me whether I would go to the Bank for him to take a letter—I said I would—he said, if I met him in five or ten minutes, at 3, Smith-square, he would give it me—I afterwards went, and saw him standing against a post in Smith-square—he give me a letter, and told me to take it straight to the Bank, and they would give me some money, which I was to bring to him at the Committee-room, and he would pay me 2s.—I went directly, and delivered the letter at the Bank—I did not see it opened—they did not give me any money—they kept me there about half an hour, asked me where I lived, and then told me to go and tell the man to come himself—as I returned, I met the prisoner in St. Paul's Churchyard, coming towards the Bank—he asked me if I had got the money—I told him that they said he was to come himself—he gave me 2s., and told me to go home—I went home, and he went towards the Bank—I did not see him again till I went to the Post-office, one day, a good while after—I do not remember the day—it was the third time I went to the General Post—office—I went into the solicitor's room—there were five persons there, besides me and Mr. Mullens—I knew the prisoner at once when I saw him—I am quite sure he is the man.
Cross-examined. Q. Are you living at home, with your father, now? A. Yes; I do a little carpentering work for him—I told him where I had been, and that they had stopped me at the Bank—I first saw Mr. Mulens, the last time I went to the Post-office—I did not tell any one about it besides my father—I was first asked about what had occurred, when Mr. Forrester and another gentleman came to fetch me—that was soon after I had been to the Bank; not a month after—I went with Forrester to Mr. Mullens', and then to Mr. James's, at Ely-place—I may have seen Mr. Mullens before I went to the solicitors' office at the Post-office, but not to know him, or to have any conversation with him—a policeman of the B division fetched me to the Postoffice he only told me to make haste there—I knew what it was for, that it was about this man—I did not know that he had been taken—the policeman did not tell me so—nothing was said to me beforehand—when I got in Mr. Mullens asked me whether I knew any one in the room—I said I knew the postman—there were four gentlemen in the room, but no other postman but the prisoner—no one had told me that it must have been a postman that did this—he was not dressed in postman's clothes, when he sent me with the letter—I had not heard that a postman was suspected—I was not told it must have been a postman—I had been to the Post-office twice before—some gentlemen wanted to see me there—Mr. Peek fetched me—it was not to look at some of the
letter-carries—it was to inquire about this—I was not shown any person when I got there—I knew I had got to go to see if I knew any one—I did not know it was about this business—I did not know what it was for—I went to see whether I knew any one there, not whether I knew anybody that sent me to the Bank—no one told me that it was about this matter; I thought it was—I went there twice, and the last time I saw the prisoner.
MR. BODKIN. Q. Had you then received any intimation that the man who sent you to the Bank was a postman? A. No.
WILLIAM HAYWARD . I am a charge-taker at the Post-office at Kensington. In consequence of directions, I made inquiries to find if a person named Headlow lived at Spring-cottage, Kensington—I found there was no such place or person—letters intended for Kennington frequently come to Kensington—I remember one letter addressed. "Mr. Headlow, Spring-cottage, Kensington," passed through my hands in July last, and I believe that two did, but I cannot say positively as to two—those that passed through my hands I returned to London.
WELCOME COLE . I am inspector of letter-carriers at the Post-office for the London district. Letters addressed "Kensington" are often missorted to "Kennington," and vice versa—if letters are returned to the General Post-office from Kensington, in consequence of the parties to whom they are addressed not being found, they are sent to Kennington for trial-if a letter was addressed to Kensington on 23rd July, and returned to the Post-office in consequence of the party not being found, it is possible that it would go to the Kennington district the same night, but certainly the next morning—it would certainly find its way to Kennington before the 27th—I believe the 23rd July was on Friday—the Sunday intervening, it would make it Monday 26th—if a letter sent on 27th went through the same process it should reach Kennington before 29th.
JOHN SMITH WILLIAMS . I am the superior charge-taker at the Newington Branch-officethat includes Kennington. The prisoner has been employed there as a letter-carrier and sorter upwards of five years—he delievers letters in the Kennington-road, and other places about there—I have frequently seen him write, and am acquainted with his writing—if a letter were misdirected to Kensington and sent to Kennington, it would come through his hands at any time when he was on duty—he is relieved at the two o'clock turn in the day—I have not our book here; but I can say, from an extract I made, that he was on duty the whole of July, with the exception of the 7th—I firmly believe these three letters marked "a, b, and c" to be his writing—letters directed to North Britain occasionally come to BrixtonNorth Brixton is part of the Kennington district—I firmly believe this check, with the exception of the signature, to be the prisoner's writing—I cannot speak as to the signature.
Cross-examind. Q. do you believe either one way or the other about the signature? A. I cannot say positively; I should almost be inclined to say it is, although it is disguised—I am inclined to think it is his—I cannot speak confidently—it seems to me to differ from the body of the check very much—I have looked at it very often, both with and without spectacles—I was satisfied from beginning to end that it was the prisoner's writing—I put on spectacles, because I was rather in the dark at the time—the word "Masterman" is his sort of writing—I speak to the general character of the writing—I never saw him write the word "Masterman"—I have frequently seen him write on his dead letters "Not known in the Kennington district," and
that kind of thing—I have seen him write "Not known in Princesssquare, Kennington," or "Not known in the Kennington-road"—there is a particular style about the M's and N's—I may have seen those letters more frequently than others—these figures are similar to his—I have repeatedly seen him write figures when signing the book—I feel satisfied that these letters are his writing, the style is exactly the same as the check—I am equally satisfied of them—I have no doubt about one more than the other—the check is written in rather a more slovenly hand than the letters—there is a peculiarity about these letters in the words "Kensington," and "Bank of England," which occurs in two or three place—they are just his style—I have seen him write similar to both—I consider them both to be his natural writing—the book would show what time he left on the 29th—he was only off once in July, and I am confident that was the 7th—while the election is going on in the district there is always a great deal more letter work—on a bust day he would have from half-past eleven or twelve to half-past four to himself—when the election was going on in our district the men were kept on till two—that was not the day of the Westminster election—the Lambeth election was going on then—that certainly affects us.
MR. BODKIN. Q. You at Kennington have nothing to do with the Westmimister election? A. No; of course letters are occasionally sent there—some of the Westminster electors reside at Kennington—the prisoner signed the book every day five times, and he adds the hour in figures—I have seen him do that for the last four or five years—(check read— "London, July 22, 1847, Messrs. Masterman, Peters, and Co., Bankers, London; Please pay Mr. Headlow, or bearer, fifty-five pounds. William Roberts James.")
MR. BALLANTINE to GEORGE CHESTER. Q. Have you been in Court during the time Williams was examined? A. yes, I have heard what he has said about the prisoner's writing—I agree with him in all he has stated—I cannot say whether or not this check is the prisoner's writing—I cannot speak to it at all—he writes two or three different hands—when any aiteration has taken place at Kennington, he has been the man to draw out the paper, and he has always written it in that square short kind of hand—it possible may be his writing, but I cannot speak to it at all—it is not my opinion that it is written by somebody else—I speak positively to this letter (c), and to "a" and "b" also—this one "a "is the one I doubted about at first—there is a peculiarity in the "g" which satisfies me that it is the prisoner's writing—I do not think I was ever in disgrace with the Post-office authorities—there has never been any complaint of my keeping letters in my pocket instead of delivering them—there never was but one complaint, and that was ten years ago, about my delaying a lady's letter—I had accidentally passed her house, and had not time to go back—I explained that matter to the Post-office authorities, and they were satisfied—I have been in the employment ever since.
(Thomas Clark, Esq., of East-lane, Walworth, and John Collard, bootmaker, East-street, Walworth, both gave the prisoner a good character.)
GUILTY of uttering.
GUILTY . Aged 38.— Transported for Ten Years.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JANE MATILDA DUCK . I am the prisoner's wife. We have been married twenty-two years—we habe never been separated, until I was in the Hammersmith workhouse three weeks before this occurred—my husband was then out of work—I left him in the street—I was only there one night—that is the only night we have beed separated since we have been married—this is our child with me—it is four years old next March—he was not at the workhouse, he remained with his father—I was at the Hammersmith Police-court about his ill-treatment before I went to the workhouse; but I forgive him all that—it has nothing to do with this—one Saturday night, about three weeks before this happened, I met him with the little boy in the street—we did not engage a room then—we did afterwards, in White Lion-passage, Harrow-road—I lived there with him up to the time of this occurrence—I did not send for a policeman while we lived there—a policeman named Pollard was in the passage—he did not come into the room—the landlady fetched him—she said she heard words, but there was nothing of the kind—on the day in question, my husband came home about half-past five—I set the tea things—he was going to take off his shoes and stockings, as he had got wet feet—I asked if he would have coffee or tea—he said he did not care, "You have made the tea, that will do"—I had boiled the water in a saucepan, as I had no tea kettle—the tea was not made before he came in—we had no table in the room—I made the tea, and poured out two cups, and a little mug for the child—I placed the two cups on a chair, one on each side, between me and my husband—the little boy cried for the chair his father was sitting on—he immediately got up, gave the child the chair, and sat down on the floor by the side of it, and therefore I must have got the cup that he intended for himself—there was no chair in the room but the one he sat on, and the one that had the tea things on it—he did not sit on the same side as before—I mentioned this before—I sent the boy for some milk—he was the only child we had in the room—he came back, kicked at the street door, and called "Mother!"—I went and opened it—I had not observed the cups of tea before I went—when I went to put the milk in I thought the cup looked rather thick, but the candle stood on the mantle-shelf—I tasted the tea, it was bitter and very nasty, not like tea—I asked the prisoner to taste it—he did so, and said, "There is nothing in it for you"—I said I would see what it was—he did not interrupt me, I placed the cup on the chair again, then poured the tea off into the basin; he took the cup out of my hand, and what there was in it he threw under the grate—I said I would go and see what it was—he said nothing then—he said afterwards it was for himself—I looked in the saucepan and teapot before I went out, but saw nothing—I tasted the other cup of tea, that was not nasty—that was upset when he gave the child the chair—it was filled up again—I did not taste it again—the child drank the tea in the mug—there was nothing nasty in that, for I tasted it—I went out to several doctors shops with the basin and cup—I went back to my husband, and said a doctor said there was poison in it, and he was to come out with me—I did not mention any particular kind of poison—he said he was not coming out—I went out by myself—a woman who had been at the doctor's and heard what I said, had sent for a policeman—Pollard came, I gave him the basin and cup, and accompanied him to Mr. Faulkner's, in the Harrow-road—my husband came in directly after—I have seen him take a great deal of
medicine ever since he fell from a scaffold at King's College, but I never knew he took opium pills—he never made any complaint to me of having any discharge, while we lived in White Lion-passage—he was alwasys ailing and saying he was in pain—he complained of his back and head.
RICHARD FAULKNER . I am a surgeon, at 87, Harrow-road. On the evening of 22nd Nov., the prisoner came to my house and asked whether a woman had been in with a child with a cup in her hand, asking whether there had been any opium in the cup, I said, "No"—I did not know him before, he addressed me first—I am certain he used the word "Opium"—he went away immediately, and twenty minutes or half an hour after he was gone, his wife and Pollard came in together, and brought a cup and basin—I examined them cursorily—some dregs remained in the cup, which consisted, in my judgment, of coarsely powdered opium—I smelt the contents of the basin, but did not distinguish any particular smell—the dregs smelt like opium—I did not taste it—the taste is very strong, but I was satisfied—the prisoner came to the shop again—the woman and Pollard went into the back room while I examined the things—they were certainly in the house when the prisoner returned—he was shown by the servant, or some one, into the back room—he said if any one had taken anything, he had taken it himself, and it must be inside his body; and he wished me to apply a stomach-pump—I do not recollect that anything had been said to him then—no one was present but the woman—Pollard was gone to search for him, but missed him—I did not think it necesnary to apply the stomach-pump from any symptoms which he exhibited—I do not recollect that his wife said anything at that moment, or that anything was said about who put it in—I was engaged at looking at the poison.
JONATHAN POLLARD (policeman, D 125.) I knew the prisoner and his wife, living in White Lion-passage—I was called in on one occasion by the langlady, before 22nd Nov., when there was a quarrel—on the evening before I was examined before the Magistrate, Mr. Duck made a complaint to me—she had a cup and basin in her hand—I took them to Mr. Faulkner's she went with me—in consequence of what Mr. Faulkner said, I left her there and went to the prisoner's house—he was not there—I returned to Mr. Faulkner's, and found him with Mr. Faulkner in the back parlour—I said, "You must come along with me, for attempting to poison your wife"—he said, "If there is anything in, she has put it in herself," and if there was anything in his tea he had drunk the contents himself, and he wished for the stomach-pump—I took him to the station—he again said, "If there was anything in it, she must have put it is"—in going to the Police-office, the following morning, he said, "Where is my old woman?"—I said, "She is at home"—he said, "Cannot I see her?"—I said, "Not now"—he said, "If there was anything in it, so help me God I swallowed it into my own guts "—he did not appear to be ill that night or the next morning—on 1st Dec. I took the cup and basin, and the same quantity of contents as were given me by Mr. Duck, to Mr. Heisch.
Prisoner. the witness was going on wrong, and I thought I would check him; but it was of no use, he brought the truth out at the latter end.
WILLIAM LEE . I am in the employ of Mr. Moore, surgeon, of Brown-street, Paddington. He keeps a chemist's shop—I am fourteen years and ten months old—I sell a few drugs in the shop, such as I know—I do not ven-ture to find out those I do not know—about a fortnight or ten days before I was before the Magistrate, a man, who I believe to be the prisoner, came and asked me if my master was at home—I said, "No; but can I serve you
with anything?"—he said he wanted a pennyworth of opium, to smoke—he did not mention any particular kind—he did not know whether it was in powder or in a lump—he asked me something about powder, but I almost forget—I said I could not serve him—he went out—I saw him go to Mr. Grant's, the surgeon's, which is near—I saw no more of him.
Prisoner. Q. Had you ever seen me before you saw me at the office? A. Yes, I think I had, at my master's shop—I am not sure about it.
CHARLES HEISCH . I am lecturer on practical chemistry, at St. Thomas's Hospital. I received from Pollard a cup and basin, and analysed the contents—I found in the cup a small portion of a dark-coloured substance, which appeared to have been coarsely powdered, sticking against the sides—it was scraped away, and had the consistence of a very thick extract—it smelt strongly of opium, and had every character of powdered crude opium—I submitted it to a very careful analysis, and from it produced morphia, which is the active principle of opium; and also meconic acid, which is a substance which has never yet been found in anything but opium; it had the smell and taste of opium—I mean poppy acid—meconic means "poppy"—I found about half a grain of crude opium in the cup—I examined the contents of the basin—they contained a solution both of morphia and meconia—I made a rough estimate of the quantity, but being mixed up with milk and sugar it was difficult—I should say there could not have been in the quantity I had, less than half a grain more opium—there was not above a dessert spoonful of tea, hardly the tenth part of such a cup as this—(produced)—according to my judgment, three or four grains of opium would be sufficient to kill a woman of that age and constitution, provided there were no antidotes used to prevent it—if opium was made into the form of an ordinary-sized pill, and dissolved in tea, I should not think it would present the appearance I found at the bottom of the cup—in the form of a pill it sometimes would and sometimes would not be compounded with other ingredients—I imagine if you ask for an opium pill, they would give you a pill formed of opium, but they might put something else to make it into the form of a pill—if I were asked for an opium pill, containing half a grain of opium, I should mix it with something to make it roll up a little better—opium existed in the contents, in the state of power—as regards the dregs I can say nothing, because part of them were thrown under the grate; but leaving the dregs out of the question, and supposing the whole to have been uniformly stirred up, there must have been four or five grains in the whole cup—I examined all that remained in the basin; there was a dessert spoonful of tea in it—I should not imagine that it would be much stronger towards the bottom of the cup, because only the dregs would settle—it was not a saturated solution—not as much as it could possibly hold—whether the whole was equally infused, would depend on how long it had stood, and whether it had been stirred up or not—if it was not stirred up, the chance would be that it would float on the surface—whether it would get weight, would depend on the time it was left, you might leave it half an hour, and still find some on the top—the heavier portion would sink to the bottom—that which was left would be a little stronger than that at the top of the vessel, if you did not put anything in to disturb it, provided it has stood for a length of time—it would never take up the whole of the opium, there is a portion of resin which would always remain at the bottom—all the soluble potion would be taken up and would be uniformly diffused—this at the bottom contained a great deal of the soluble portion of the opium.
COURT. Q. You sometimes put something in pills of opium, to make it stick together? A. I am not in the habit if making pills; I believe such to be the fact—the texture if opium is rather hard, and I do not think you can roll it into the form of a pill without its being moistened with something—it can be powered; it does not crumble very easily—the pills would not readily crumble; if broken it could be powdered—if a pill were made with something to stick it, I should say it would not think it could be done with the would not require a hammer—I do not think it could be done with the fingers—I think it would require something harder, you might do it with your nail—I do not think you could do it by squeezing and rubbing it, it would depend a good deal on the hardness of the opium—in the state most favourable for crumbling, I do not think it could be crumbled by the fingers.
HENRY PHILLIPS . I am one of the clerk at Marylebone Police-court, I was present at the examination of the witness before the depositions were taken—the prisoner's statements were taken down each time—they are not signed by hin—he could not write—they were read over to him, and signed by the Magistrate—on 23rd Nov., after the witness were examined, the prisoner said, "The roof my mouth is now sore from the stuff I have taken from her; the roof of my mouth has been off several times from what she has given me; if there was anything in it she must have put it in"—on 1st Dec., after Lee's examination, he said, "I never saw that bey before with my eyes"—on the same day he said, "I have been a good husband as anyone can be, and I have been as bad as any one since"—on the 8th Dec., after Mr. Heisch's examination, he said, "Last Tuesday fortnight I went into Mr. Watson's, in Edgware-road, and asked for two pills of opium; he asked me if anything was the matter, I said there was a great discharge in front if me, and he gave me two pills; I have been suffering from it for three years and three months, and never divulged it till this day; I have been in the habit of taking them, and must take the same again to-day; I have also taken some in tea, and I put the pills into the cup myself to take in to my own body, and I have taken many a hundred, and I must take more again; at half-past two o'clock that day, I had fifteen drops of laudanum in me; I would not tell my wife about it; I took the cup from my wife, and drank the contents, all but a little, and threw the rest under the gate."
GILBERT MCMURDO, ESQ . I am surgeon to the goal of Newgate. I visit the goal everyday—I have seen the prisoner repeatedly—he complained of a little cold, and on my putting so me particular questions to him last week, in relation to this trial, he told me be suffered from the effect of old venereal disease, for which he had been in the habit of taking opium for a cousiderable times—previous to that he had not made any complaint to me—I talked to him about his asserted complaint—I believe it did not exist—I did not give bim any opium—he has not taken any to my knowledge.
Prisoner's Defence. I took the pills into own body to do myself good, and no one else; I did not buy them to poison my wife; I put them into my tea, and put them into my own belly; I was vary happy and comfortable; if she had poured me out another cup I should have had the grounds as well as her; I am quite innocent; I have suffered in this prison more than I have for the twenty-three years I have been married; It was when I was not able to work that I was a bad husband, because I could not maintain my family; I have taken nine grains of opium; I asked them at Marylebone-office to. examinem, to see whether it was true or not, but there was not a doctor made any answer; Mr. Faulkner was there.
MR. FAULKNER re-examined. I think I remember him asking somebody to examine him at the Marylebone Police-office—I was not asked personally.
NEW COURT. Thursday, January 6th, 1848.
PRESENT—Mr. Ald. COPELAND; sir JOHN PIRIE, Bart., Alderman; Mr. Ald. GIBBS; Mr. Ald. JOHNSON; Mr. RECORDER; and Mr. Ald. MUSGROVE.
Before Mr. Recorder and the Sixth July.
460. HENRY HAYES , stealing four bottles, value 6l.; 1 1/2 pint of ale, 10d.; 1 pint of stout, 6d.; 1/4 pint of gin, 6d.; 3 glasses, 4d.; and 1/4 pint of sauce, 1s.; the goods of Mary Ann Perfelt, her mistress; to which she pleaded
GUILTY . Aged 40.— Confined Three Months.
GUILTY , and received a goods character. Aged 19.— Confined Seven Days.
MR. HORRY conducted the Prosecution.
DANIEL RICHER . I am the prisoner's father, and am a stone-mason, at Prince's-street, Red Lion-square, Holborn. On the 24th Dec. I left home about five o'clock in the morning, leaving the prisoner at home—next morning I missed some quilts which had been packed up in boxes—I found them at the pownbroker's—these are them—(produced)—I am a windower—the prisoner kept my house—she is fifteen years old—I supplied her with money.
Prisoner. Five shilling a-week was all gave me, and sometimes 1s. or 6d. a-week. Witness. I gave it her to buy tea, sugar, and caldles—I brought everything else—I found her plenty of good clothes—she had everything comfortable—I had no other children—I did not authorise her to pawn articles for housekeeping.
JAMES ALDRIDGE . I am assistant to Mr. King, a pawnbroker, of 34, High Holborn. I produce a quite, grown, shawls, and blanket—they were pledged by the prisoner; the quite on 14 Dec., for 6s.—it is a month since she first came—she gave the name of Ann Richer, and the things were marked "A. R."—she sometimes pawned things to take other out—we do not ask questions when we know a person—no one came with her but a person younger than herself.
gown belonged to my sister who is dead—her initials are on it—I never refused the prisoner money, or anything she asked for.
Prisoner. I am sorry for it; I was told by Mr. Williams, who led me into it, that there was no harm in it; she had some of the money.
GUILTY . Aged 15.
(The prosecutor staled that he believed a woman had induced the prisoner to commit the robberies.)
GEORGE FEW (City policeman, 143.) On the morning of 17 Dec. I met the prisoner at North-buildings with a mat, and put a question to her—she said it was no business of mine—as she would give me no answer I took her to the station—I received information that the mat was stolen—it was afterwards identified.
JAMES WILLIAM DOYLE . I keep the house, 28, Broad-street-buildings for Mr. Richard Rosier. This mat is his—I saw it in the passage on 17 Dec., at our o'clock in the afternoon—the prisoner is a stranger—she had no authority to remove it.
Prisoner's Defence. A man threw the mat down, and said, "Threw, old woman, there is a door-mat for you;" I picked it up.
GEORGE FEW re-examined. There was no one near her—I did not see a man throw it down—I saw her about a minute before I stopped her—when she found I was determined to take her, she dropped the mat, and tried to get away.
(The prisoner received a good character.)
GUILTY . Aged 45.— Confined One Month.
PRISCILLA BINDER . I am the wife of Benjamin William West Dobson Binder and keep a tobacconist's shop. I have a weight at the door, to give notice when any one comes in—on 18 Dec., about half-past seven o'clock ✗in the morning, I heard the shop-door open—a boy put his head in as far as he could, and asked for a quarter of an ounce of tobacco—the prisoner then put his arm and shoulder in, and took a cigar-box from a little shelf in the window—there was nothing in it—he could not get his head in—he could not see whether there were cigars in it or not—I said, "What do you want, thief?"—I followed him, and heard him throw the box away, and swear at it because it was empty—it is mine (produced)—it does not open.
Prisoner. Q. Was not the box found 100 yards from your place? A. You picked it up again—I knew you before as a very bad character—I swear to you—it was past day-break, and there were three gas-lights on the other side of the way—I did not give you into custody until ten o'clock, as I did not wish to take any trouble about it—I have watched you at my window for a fortnight or three weeks, and have been told to beware of you—you sent a boy at half-past eight o'clock for a quarter of an ounce of tobacco, to see if I suspected you—I told him I did—he told you, and you ran down the street.
about half-past ten o'clock, and told him I wanted him for stealing a cigarbox—he said, "Very well; I know nothing of it"—he afterwards said he had not been in the neighbourhood that morning, he had been at Poplar—this box was given me by another policeman.
Prisoner. Q. They said two policeman were looking for me; did not I cross over to you from the White House? A. Yes, and asked what I wanted you for.
Prisoner's Defence. I was not in the neighbourhood.
GUILTY . ***(†) Aged 21.— Transported for Seven Years.
NAPOLEON FREDERICK WATSON . I am clerk to Messrs. Cunliffe, of Lombard-street On 3rd Jan., about a quarter to twelve o'clock, I was in Smithfield, and missed my handkerchief, which I had had five minutes before—this is it—(produced)—I saw it taken out of the prisoner's pocket.
Prisoner. Q. I own I had it, but did not the sergeant ask a little girl who took it? A. Yes, and she said you did.
Prisoner's Defence. A young man chucked the handkerchief, and it caught me; I stood two minutes, and then turned up Bartholomew-close, and put it into my pocket; I told the sergeant it was in my pocket.
GUILTY . Aged 26.— Confined Six Months.
MARY MAYHEW . My husband's name is William—we live at Russell-street, Stepney. The prisoners took a furnished room there in Aug., and staid till 13th Nov.—they owed me 1l. 4s. for rent—James told me his uncle was coming that day from Oxford, to pay my rent—in the evening James came and asked me the time—I said it was about o'clock—he came again, and wanted to know when it would be six—told him as near as I could—he stood at the kitchen door some time, talking about his uncle—I heard a lumping at the door, not knocking—I said, "There is some one knocking at the door"—he made a slight turn, and said, "I suppose it is George going out"—he stopped a short time, and then said he should go out, and should be back—I said, "Where?"—he said, "At the top here"—he went away—I never saw them again—the uncle never came—about a quarter of an hour after they were gone I missed three blankets and two sheets from their bed—they were there the night before when I made the bed—I missed a great many tools, but my husband is an invalid, and I cannot question him about them.
James Bradfield. I never locked the door, and there were other lodgers in the house who had access to the room. Witness. That is false—I missed the things within a quarter of an hour or twenty minutes after you left—there had been nobody in the room.
well; you have got to find it out"—I said, "I have already found it out"—he said, "You have got to find the things"—I said, "That has nothing to do with it"—I took him to the station—I took James on the 15th, and told him I wanted him for robbing his lodging at Mile-end—he said, "Very well"—I said, "Your must go with me to the station"—he said, "Very well"—he said, in going to the Police-court, "I did not pledge them, I only gave them to a young man to pledge; I do not know where he pledged them"—I said, "Did not you have the ticket?"—he said, "No"—I said, "Do not you mean to say you had the money"—he said, "That is another thing."
James Bradfield. Going to the Police-court he asked me to be so kind as to tell him where the things were, and said it was not so much for the things as for the old lady's husband, who was an invalid, and she wanted the things replaced without his knowledge; he tried to induce me to say things to answer his purpose, but what he says about my owning that I had the money is quite false.
COURT. Q. Why did you get into that conversation? A. On the 15th George and his mother were remanded on a different charge, I saw James in the yard of the Police-court, and said, "Well, James, I want you"—he said, "I don't know you"—I said, "Your name is James Bradfield?"—he said, "Yes"—I said, "You must go with me"—he said, "Very well"—I took him before the Magistrate at once.
James Bradfield. You were cross-questioning me for twenty minutes or half-an-hour before we went into the Court, trying to find a clue to it—you actually told me that George had owned doing the deed, and that you had found part of the things. Witness Certainly not—I never said you had sold them in the Mint—speaking of a former robbery you committed, I did tell you you had sold that blanket in the Mint—I did not question you at all—after you told me you did not pledge them, I did say, "Have not you got the tickets?"—I had not asserted that you had pledged them—I came into the yard, and said, "Don't hang back;" and then you said, "I did not pledge them"—on my oath, I did not say, "What have you got to say about this?"—I did not say your brother had confessed it—I did say, "Do you mean to say you did not have the money?"
George Bradfield. Q. Did not you say, when you took me, "I have already found out that you committed the robbery, you and your brother?" A. Yes.
James Bradfield. He said he had owned to part of it, and I had better tell him where the rest of the things were, and it would be better for me; he asked me a great many questions.
MR. ROBINSON conducted the Prosecution.
MARY SMYTH. I live in Arbour-terrace, Commercial-road. The prisoner was in my service—on the 19th Dec., before I went to Church, I put sixteen sovereigns and a half into this purse, which I put in a box, and locked it in a cupboard in my bed-room—the key of the box I secreted under a paper in one of the drawers—the key of the cupboard was left in the door—the prisoner would have access to the room—she was the only person in the house when I went to Church—I
came back, and found the key of the box where I had left it, but the box was turned round—I opened it, and missed a sovereign—I am quite sure I had counted the money correctly before I went to Church—I counted it day by day, from the Wednesday when I had missed two sovereigns—I put the purse into the same trunk—the key was in the same place where it had been for the last two months—I did not put it into my pocket, the bunch it was on was too large—when I missed the sovereign, I rang the bell—the prisoner came up, and I said, "I have lost a sovereign while I was at Church"—she denied it—I said it was useless to deny it, and it was not the first, second, or third time she had robbed me from the same box, and if she would confess to the whole she had taken, before I called in another person, I would forgive her—she said she had not taken any but the one that day—I sent for Mr. Carney—I saw a sovereign taken from a gown of the prisoner's in my bed-room—I had not marked the money, nut it was new money, which I had received at the Bank in October.
ISAAC CARNEY . On Sunday, 19th Dec., I went to Mr. Smyth's, and saw the prisoner—in consequence of what the prisoner said, I went up stairs—she pointed put a gown hanging on a nail—I took to down, and found in it a sovereign—I asked her if that was the sovereign—she said, "Yes"—I gave it to Mr. Smyth.
COURT. Q. I find by your deposition, you state, "I took a sovereign out of the pocket of a gown—she said, "That is the sovereign I took from my mistress." A. Yes.
HUGH MCCULLUM (policeman, K 47.) I went into the house between four and five o'clock in the evening, and the prisoner was given into my custody—a sovereign was given to me by Mr. Smyth—she gave the prisoner into custody for stealing five sovereigns, and one of them on that forenoon—I searched the prisoner's box, and found a quantity of apparel, which she said she had bought with the four sovereigns.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
JOHN LOVE . I am a seaman. The prisoner and I were in the brig Rolla, together—I was paid off at Portsmouth the Tuesday before last—when we came on shore, the prisoner and I went to the same house in Portsmouth—I knew the landlady, and I said, "I shall go and give my money to that landlady, and when I want it I can get it"—the prisoner said, "No, I have got a chest, and you have got a bag; put it in my chest, and I will lock it up"—I said, "No"—I gave it to the landlady, and she returned it to me the next morning—we were then going to travel, and the prisoner said, "Take this money. and put it in my chest, it will be safe"—I did not want to put it in, but I did—I counted fifty-five sovereigns into a pocket-book of his, I rolled it up, just tied it round, and shoved it in the bottom of the cheat—he locked the chest, and gave me the key—when we were at the station he asked for the key again—I had a parrot with me, and I stood at the bar talking, while the prisoner went to put the things on the train—when the train stopped, the prisoner go out, and wen towards that part where the luggage was—when we arrived at Nine Elms, the prisoner wanted to send me for a cab—I said, "Go yourself"—he then said, "We will both go together"—we got a porter, the luggage was put on a cab, and we drove to the Sailors' Home, in Well-street, East Smithfield—we took the things into the house, leaving the cab at the door—I told the cashier I would leave the money there before I went out—the
prisoner said, "No, give it him in the morning; we will go out and have a spree, and give it him in the morning"—I said, "No, I will give it him to-night"—I started to go to the chest to get the money, and the prisoner held my by the elbow, and said, "You are keeping the cab waiting"—I was going towards the chest, and he said, "I have got money to pay the cab, I will pay it, and you can pay your proportion afterwards"—he went to settle the cab, and went away—I had got the key back from him—I went and opened the chest—I found the book the money was rolled in, in the upper part of the chest, and empty—I took nearly all out of the chest, and the money was gone—I tan to the door, and the prisoner was gone away in the cab—the wages the prisoner earned were 1l. 15s. a month, and he had been on board one month and three weeks—he could not have been in possession of 55l.—he only joined the ship at Sierra Leone, on her passage home—my wages were 2l. 1s. a month.
Prisoner. Q. Did you not ask me for the loan of my handkerchief? A. No—I wanted to put the money away—I asked you for your pocketbook in Mr. Penney's house, and put it in the pocket-book—I wanted somewhere to put my sovereigns—I do not know whether your chest had a lock on it when it came in shore—I know it had a new lock on it at the time this money was put in it—I was not with you when you bought it—I showed the money down in the chest—you locked it, and gave me the ey—you paid your fare at the bar—I do not know what you wanted with the key—you went out very often.
COURT. Q. Was your money safe when you put it in the pocket-book? A. Yes—I gave him back the key when I was going on the railway, before I left the station—I went to the bar, and was talking ten minutes to the policeman—the prisoner had then an opportunity of going to the chest—I got the key back on the railway, and he had it again on the railway—I only parted with it twice after the money was in the chest—I did not part with it after we got to London—when I first had the key, the money was there—after the prisoner had had it, the money was gone.
Prisoner. I wanted you to come out of the train, and you would not come; I went behind the house, and then the bell rang; if I had had the key I could not have gort the money out there; when we got to town we got a cab, and went right to the Sailors' Home; you said I was to pay the cab man. Witness. No, I said, "I am going to get my money," and you said, "No, I will pay"—I am not indebted to you 10s. beside.
Prisoner. When we got in the cab as far as between the Mint and the London Dock, did you not get out and run up an alley after a girl, and you told me to sit in the cab till you came back; the cab man came, and said, "Where is your mate?" I said I did not know—we went into a public-house, and had something to drink; you came and found me and the cab man in the public-house. Witness. What has that to do with it?—I do not know where you were, or where you were not.
Prisoner. When I left the Sailors' Home I went to the cab man, and said, "I want to go to St. John's, what will you charge?" he said 6s.; I said, "You drive me to Cannon-street;" he did so; I went into a public-house, paid him 5s., and he left me; I went to my lodging, where I had left my wife; she had gone to Upper Chapman-street; I went there, but she had gone to sleep with a woman; I went to the King and Queen, and two young men took me to Mr. Foreman.
On the night of the 12th Nov. the prisoner came to me, about eleven o'clock—he sat in the bar-parlour—he said he had made a good voyage—he put his hand in his pocket, and pulled out a number of sovereigns, which were loose in his pocket—he counted fifty-four—he tied them up in his handkerchief and left them with me—I was ordered by the Magistrate to deliver them up to the savings-bank of the Sailors' Home, to the account of the eashier, and he has given me a receipt for them—the prisoner slept at my house that night—he got up about seven o'clock the next morning—I let him out about half-past seven—he said he should come back, but I saw no more of him till I saw him in custody in the afternoon.
SAMUEL DANEREL (policeman, H 140.) I apprehended the prisoner on the 13th Dec., in Upper Chapman-street, St. George's—I told him it was on a charge of stealing fifty-five sovereigns from his brother-shipmate—he denied that he knew anything at all about it—I found on him 17s. 5 1/2 d.—Chapman-street is more than a quarter of a mile from the Sailors' Home, and about half a mile from Mr. Foreman's—I saw the prisoner's wife in the street with some butter—I followed her to the house, and asked her where her husband was, who had been paid off from the Rolla—she said he was at home—he said he had been out on a spree, and lost two silk handkerchiefs and some money—he said his things were at the Sailors' Home—I charged him in Chapman-street with stealing the fifty-five sovereigns—when we got to Denmark-street there was a severe struggle—he asked me if I was going to take him as a thief and a rogue—I said "Yes."
Prisoner's Defence. I left London on 10th Nov., 1845, and have been sailing in American ships—I sailed from Baltimore on 3rd Sept., 1847, with fiftythree dollars and 56l. 10s. sterling, when I joined her Majesty's brig Rolla, as gun-room cook, on 17th Nov., 1847, where I was paid off on Tuesday, 28th Dec., 1847; my wages were 2l. 10s. 10d.; John Love received his wages in notes; he asked me for the loan of a handkerchief; I told him I had not one, but I would lend him my pocket-book, to take particular care not to open a certain part, as I had papers of consequence in; by this time I had taken my money out of my box, as the lock I had on previously I was obliged to give up to the carpenter, as it was ship's stores; I took out my money, as my box went a-shore without a lock, which consisted of 56l. 10s. sterling; I saw Love change a 5l. note of the ship's sergeant, and he made some reductions for what he owed him, but I do not know the amount; after we got over to Gosport, Love and two watermen went to the Bank to change his money there; in coming down the street I bought a lock, and he was with me, likewise the two strange men; we parted for the night, and met next morning, when we agreed to start at three by the train for London; while in Gosport, Love gave his money to the landlady; I saw him receive it a quarter of an hour before we started by the train; he tied up his money in the pocket-book which I lent to him the day before, and told me he would wrap it up in his own clothes; I left him up stairs; when I came down our luggage was gone; I called to him that the luggage was gone; he told me to look after them, and the would pay the reckoning, dinner and breakfast, which he said amounted to 10s.; Love told me to open the chest while he put his blue bundle in; whether that bundle contained money or not I do not know; I delivered him the key, and never had it since.
JAMES M'INTOSH (policeman, H 98.) I was at the station when the prisoner was brought in—when he was taken out of the cell he called me and said, "So help me God, I am as innocent as a child; I have fifty-three
dollars in my own chest"—I went to make inquiries, and traced the money to Mr. Foreman—I came back, and told the prisoner that he did not stop, as he said he had, with a girl, and that he had left fifty-four sovereigns at Mr. Foreman's—he said, "I did not stop at Mr. Foreman's, and I left no money"—he then stopped some time, and said, "I did stop there, but the money was my own; I earned it in an American ship."
Prisoner. Q. You asked me where I was? A. No, you voluntarily told me you had been the night before with a girl.
COURT. Q. Is the chest here? A. No, it is in the the Sailors' Home—I searched the chest, to see for the fifty three dollars—I could not find them.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Eighteen Months.
OLD COURT.—Friday, January 7th, 1848.
PRESENT—Mr. Justice PATTESON: Mr. Justice MAULE; Mr. Ald. Gides; Mr. Ald. JOHNSON; Mr. Ald SIDNEY; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the First Jury.
GUILTY . Confined Three Months.
GUILTY . Aged 19.— Transported for Seven Years.
473. JOHN FLYNN , for a burglary in the dwelling-house of Frederick Cornelius Lillyman, and stealing therein 27 spoons, 12 forks, and other articles, value 10l.; the goods of William Moore: also 1 shawl, value 7s.; the goods of Ann Watkins: to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 15.— Transported for Seven Years.
MR. BALDWIN conducted the Prosecution.
AIMEE BRUNEAU . I am the daughter of Peter Charles Bruneau, of 5, Oxendon-street. On the evening of 16th Dec., about seven o'clock, I was on the second-floor landing, and heard a door shut up stairs on the third floor—the prisoner came down—my father asked him what he wanted up stairs—he did not say anything—I went up to the bed-room, and found my sister's box opened, and my shawl removed from the cupboard and put on a box next to the door—I had been in the room about an hour before, and the things were safe then—I had locked the door when I came out—I gave an
alarm—the police came, and took the prisoner in the house—as he was going to the station he dropped my father's wine licence, which had been in my sister's box.
Cross-examined by MR. PAYNE. Q. Who lived in the house besides your father and you? A. Two lodgers on the first floor, and one on the second—they both came out of their rooms and saw the prisoner—they stopped him with my father—there was no way of getting into the house except by the front door—there is a trap-door on the leads, that was always kept shut—it does not open into my room—my sister is in France—I had only just come home that day—I had been away for some time—my sister left the things in her box—I had just been into the room, taken my things off, and put the shawl in the cupboard—I am sure I did not put it on the box—there were several other things near the door, which had been taken out of my sister's box—when I was there before there was nothing lying about—my father is not here—I had seen the wine licence in my sister's box before I went away, three months ago—my father is a wine-merchant—my sister's keeps all his receipts, papers, and books—I had not seen the licence for two months, when I went to the box to put some receipts in—his name is on it—he saw it when it was found, and said it was his—the prisoner was in the street when I saw it drop from him—I was close behind him—I saw it fall from his hand—there was a scuffle on the stairs when my father and two or three others were holding him.
FREDERICK POOLE (policeman, C 45.) I took the prisoner into custody on 16th Dec., at Mr. Bruneau's—I searched him, and found on him ten skeleton keys, a small chisel, some lucifer matches, and 2s. 11d. in money—I did not try any of the keys to the door.
Cross-examined. Q. Where was Miss Bruneau? A. Close by me—he dropped it from his hand, as though he took it from his right-side pocket.
GUILTY of Larceny. Aged 35.— Confined Twelve Months.
Before Mr. Justice Maule
MR. CLARKSON conducted the Prosecution.
EDWARD HODGES . I keep the White Horse, Poplar. On the morning of 29th Dec., about eleven o'clock, I heard my barman call out—there was a dispute between him and the prisoner—he told me, in the prisoner's presence, that the prisoner had a glass of rum, which he called for, and was going away without paying for it—I said, "Never mind, come in, and I will speak to him"—he was standing on the threshold of the door—I said, "Come, my man, you must pay for this glass of rum before you go?"—I put my hand on his shoulder, took him by the collar, and said, "You must not play any tricks here, mine is a respectable house"—he wanted to make off—I said, "No, you can't go till you pay for it"—he being a taller man than me, I did not use any rash language, as I thought I might get a blow on my head—I got hold of his collar, and heard my daughter call out, "Oh, God, father, he has a sword in his hand!"—the moment the word "sword" was out of her mouth, I felt a wound on my thing—I drew back as quick as possible, and then saw the dagger—I looked for a poker to defend myself—there was none there—I found a small child's chair in the bar-parlour—I took it up, met the
prisoner as he was coming at me, and thrust it in his face—my barman, running from the bar at the same time, took the sword from him, with a great deal of struggling—I said, "For God's sake, break it in two!"—he did so—it was the handle and sword-part of a sword-stick—I am quite sure I offered him no serious violence till I felt the prick of the sword—there was a little blood issuing from the wound—it was a very serious one.
Cross-examined by MR. BALDWIN. Q. It was a mere prick, I suppose? A. A mere punctured wound—I was not present when the rum was ordered—I had my hand on his collar till I felt the prick.
GEORGE MITCHELL . I am Mr. Hodges's barman. The prisoner came there on the morning of the 29th, and called for twopenny-worth of rum, and half a pint of beer—a man came in just after him—I am quite sure the prisoner ordered it—a lad, who was assisting in the bar, drew the rum, and gave it to the prisoner—he drank out of his beer, and the other man drank of the rum, and went straight out—the prisoner staid there, finished drinking his beer, and I asked him for the money—he walked towards the door a little way, then turned round, and chucked down a penny—that was sufficient to pay for the beer without the rum—(the other man did not order anything—the prisoner asked him what he would take)—I ran round the bar, stopped him, and said, "You must not go without paying for the rum"—he went close up to the door—the lad who was assisting went and asked him for the money—he put his hand in his pocket, pretending to pull out some money, and then went outside the door—my master came down, and the boy said the man had had twopenny-worth of rum, and half a pint of beer, and had not paid for it—master tapped him on the shoulder, and said, "Come in, old fellow, you must not go without paying for the rum as well as the beer"—he came inside, and said something to the effect that he did not intend to pay—he was standing up in the corner, and all the time my master was looking at him he was drawing this instrument steadily out—I believe my master had caught him by the collar, and said, "You shall not go until you have paid"—he attempted to go, and when he found my master would not let him, he drew this instrument out, threw the stick down in the corner, then pulled it up as high as he could, made a thrust forward, and pricked Mr. Hodges in the thigh—I took it from him, and broke it—this is it—(produced.)
Cross-examined. Q. Were there other people about the bar when these men came in? A. Not more than one besides—the words the prisoner used to the other mand were, "What will you take, John?"—he said, "Twopennyworth of rum," and the prisoner said, "Twopenny-worth of rum, and I will take half a pint of beer"—I did not ask the other man for the twopence, because he did not order the rum—the prisoner was going at first without paying for the beer.
THOMAS WATKINS (policeman, K 310.) I took the prisoner into custody, and received the sword-stick—I saw Mr. Hodges's thigh examined, and saw blood where the puncture had been—it appeared such a puncture as might have been made with the point of this sword.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 52.— Confined One Month.
Before Mr. Justice Patteson.
MR. CAARTEEN conducted the Prosecution.
WILLIAM FARR . I am a coal-dealer, and live at 4, Great Peter-street, minster—the prisoner is my wife, and lived with me. On the afternoon of 27th Dec. she left home about two o'clock, and returned between eleven and twelve, in liquor—she began with a deal of low blackguard language—I had said nothing to occasion that—there was a quart pewter-pot on the table—she took it up, and struck me on the front part of the head with it—there is a mark there—it bled a great deal, I dare say not less than a quart—my son was in the room, he took the pot from her—I was almost stupid—I went out and called a policeman—I was taken to the hospital, and my head was dressed—I was quite sober—I am quite sure it was the prisoner that struck me—it was not mu son—he is about thirty—he is not quite right in his intellect—I had not struck the prisoner either before or after she struck me, to my knowledge—no doubt I was a little in fault as well as her—I perhaps used language; I do not exactly know, I was stupified—I am sure I did not use abusive language to her or strike her before she struck me—this is the pot (produced)—it is my own.
Cross-examined by MR. HORRY. Q. Where is your son? A. At home—he was before the Magistrate—I told the Magistrate that my son saw it—the Magistrate put questions to him, but could not make anything of him—what he stated was taken down, and he signed it; but it was scratched out again—(MR. HORRY inquired of the Court whether, under these circumstances, the statement made by the son before the Magistrate was admissible. THE COURT was of opinion that the statement being struck out again, it was not strictly speaking a deposition; but that if made by the son in the witness's presence, it might be stated)—my son did not state that he saw all the transaction—he said he took the pot away from my wife, that she might not strike me again—I did not hear him say that he knew nothing at all about it—I told the Magistrate that he was not right in his intellect—that was after he had been examined—I have not heard since that my son has said that he knew nothing at all about it—my wife kept a general dealer's shop before I married her—we have been married between six and seven years—I have been a coal-dealer forty years, at 53, Strutton-ground, and was so at the time I married her—she did not keep her business long after that—I did not marry her on account of her business—she had one son—he lived with her and me a little while—my wife never complained of ill-usage from me—I never illused her—I never came home drunk—she has often ill-used me—I did not drive her son away, to enlist in the army—about two or three years ago she left me and went to live with her son, and after that he went for a soldier—she was away from me two years—I allowed her 3s. 6d. a week—I gave her that, or sent it by a man named Peelin, every week—he is a pensioner—he is now in the country—a man named Baron has also taken it to her—he lives in 7, Duke-street, Drury-lane—she was nine weeks in the hospital, and when she came out she had no place to go to, and she promised to reform if I would take her back again—I once bought some quicksilver for my own use—she was alarmed, and thought I was going to give it to her; but it was no such thing—her son had not, to my knowledge, told her before he went away to be careful of me—I have not got any quicksilver now—I did not get any money from the sale of my wife's business—I did not sell it, or try to do so, or the fixtures, or anything—I gave the house up to the landlord.
MR. CAARTEEN. Q. Why did you separate from her? A. Because she was such a blackguard I could not live with her—I wish I could separate again from her—my son is living at home—I bought two pennyworth of quicksilver and put it up stairs, and she thought I wanted to give it to her.
WILLIAM NOWLAN (policeman, B 56.) On 27th Dec. the prosecutor fetched me and gave the prisoner in charge—he was bleeding very profusely from the left temple—the prisoner said that the pot was taken up by the prosecutor's son to strike her, and that the father received the blow instead of her—I went with the prosecutor to the Westminster Hospital—he gave me the pot.
WILLIAM DIXON GRAHAM . I am house-surgeon at Westminster Hospital. On the night of 27th Dec. the prosecutor was brought to me—he was bleeding very profusely from a wound on the left and upper part of the forehead, about an inch and a half long, and down to the bone—it was a dangerous wound from the bleeding, but not in itself—it might have been made by this pot—he came to me occasionally afterwards.
MR. HORRY to WILLIAM FARR. Q. Have you not often set your son to abuse your wife? A. No, never—I swear that I never saw him ill-use her—he and I were not abusive to her at this time—she did not take up the pot to protect herself—she was very much in liquor—I was twice before the Magistrate, on 28th Dec. and 3rd Jan.—my son was there the second time—the case was adjourned in order that he might come—he was sworn.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 49.— Confined Three Months.
Before Mr. Justice Maule.
478. HENRY ROWLAND . breaking and entering the dwelling-house of Charles Viney, at St. Giles-in-the-Fields, and stealing therein 1 clock, value 24s.; 1 waistcoat, 14s.; 1 coat, 10s.; 1 victorine, 7s.; 1 work-box, 6s.; and 1 fur cuff, 1s.; the goods of Thomas Joseph Habberfield.
MARY ANN HABBERFIELD . I am the wife of Thomas Habberfield, a tailor, of 15, Denmark-street, in the parish of St. Giles-in-the-fields. We live on the first floor—on 16th Dec., about a quarter to eleven in the morning, I went out and left nobody in the room—I locked the door and took the key with me—I came back at a quarter to seven in the evening, went up stairs, put my key in the door and found it would not turn—I then took hold of the handle of the door, found it was unlocked, and opened it by turning the handle—I saw a man standing in the room by the window—I did not see his face, only his height—he had on a frock coat and a hat—I saw his back—I shut the door, ran down stairs, and screamed—a man, who I believe by his height to be the same that was in the room, came down after me, struck me a blow on the side of the head, and knocked me down at the street door—I went up stairs again with the policeman, when the had brought back the prisoner, and missed a work-box, a victorine, a waistcoat, and one cuff—a clock, which hung behind the door on a nail, was taken down, and the weight-chains twisted round it on the sofa, ready to be taken away—there was a coat beside it, which had also been taken down from a nail—the things are worth 3l., including the clock—they are my husband's property—the man I saw in the room was the same height as the prisoner—I never saw his face.
JOHN CHILCOT MURDON . I am a fruit-saleman. On 16th Dec., about half-past six, I was coming out of 25, Denmark-street, and heard a scream—I went towards the place, and saw the prisoner run out at the door of No. 15—I stopped him, and in the scuffle his hat fell off into the road—he put his head down, knocked me in the stomach with it, and I fell to the ground—I got on my feet as soon as I could, and ran after the prisoner, hallooing out, "Stop thief!' until the policeman caught him and brought him back to No 15.
Prisoner's Defence. I was coming through Denmark-street, and heard a cry of "Stop thief!" I joined in the cry and was stopped by the policeman; I told him I was not the man; I think the witness must be mistaken; when he was knocked down he lost sight of the other person, and caught sight of me; they have taken the wrong man.
WALTER HOLMES re-examined. There was no one else in the street at the time—I did not see him come from the door—I saw him come from Murdon, who he knocked down—he ran as hard as he could, and when he saw me he took a short turn—I searched him, but found no property on him—another man came came up afterwards.
JOHN CHILCOT MURDON re-examined. Another man who was outside the door picked up his hat in the road—he ran one way and the prisoner another—I had the prisoner by the collar for two minutes before he hit me the blow—I never lost sight of him—there were thirty or forty people round the door when he was brought back.
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Justice Patteson.
MR. WILDE conducted the Prosecution.
CAROLINE JOHNSTON . On 30th Nov. last, I lived at 19, Pelham-road, Brompton. Mary Ann Durden, the prisoner's sister, was in my service—I had a clock on the mantel-piece in the parlour—I saw it safe last when I went to bed on the evening of the 29th—it was worth more than 5l.
MARY ANN DURDEN . I was servant to Mr. Johnston The prisoner Durden is my brother—he called on me at Mr. Johnston's house a little before eight in the evening of 30th Nov. to fetch some covers to clean—I had occasion to leave the kitchen where the covers were kept, and was away about five minutes—my mistress had a clock on the mantel-shelf is the parlour—I had seen it on the mantel-piece not long before eight o'clock that morning—I did not notice it when I came down from My mistress—I missed it about a quarter of an hour after my brother was gone—nobody had been in the kitchen or parlour during that time but my brother and myself—when I got down in the kitchen again, I believe my brother was tying the bundle which contained the covers—I think they were in a dark shawl.
Durden. Q. What time did I come that morning? A. I think a little before eight—I opened the door for you—you went along the passage and down into the kitchen—I believe I followed you—you asked me what covers you were to take, and I showed them to you hanging on the wall—my mistress's bell rang very shortly after, and I took up the hot water—I was absent about five minutes, as near as I can say—I saw nothing inside the covers when I came down—I was just against the parlour door when you came up from the kitchen—the parlour door was ajar—I shut the street door after you—I did not follow you out.
Dickenson. Q. Was I anywhere near the place when you opened the door? A. I did not see any one—I did not go out into the street.
from the prosecutrix's house, and saw Dickenson near the house—there was another with him—I do know whether or not it was Targett—I cannot tell who it was—about eight o'clock I was again near the house and saw Dickenson pass with a clock on his arm—the other man was still with him—the clock was covered over with a dark handkerchief, but I could see it—they were pulling the handkerchief over when I passed them—the other one then walked on a-head, near Thurlow-square.
CHARLES TAPPIN (policeman, B 48.) From information I received on 1st Dec., I went to a house in St. James'-court, Ann-street, Westminster—I found a girl in bed—I found a clock on a shelf in the room, covered over with a dark handkerchief, so that no part of it could be seen—Pronger, who was with me, found a glass shade which fitted the clock—on 10th Dec. I went to the British Queen beer-shop, about half-past eleven o'clock at night, and found the three prisoners there—the door was partly open, and on seeing us, they got out at the back-parlour window—Taggett lives at the house in St. James'-court a long with a girl—I cannot say that he occupied the room, but the woman he lives with did—I have seen him come in and out of the court, but not of the house, for about a fortnight.
Cross-examined by MR. PAHRY. Q. All that you ever saw of Targett was that he came in and out of St. James'-court? A. That was all—I never saw him come out of the house—there are other houses in St. James'-court
Durden. Q. In what position was I found when I was taken into custody? A. I did not take you—I apprehended Dickson, in the act of getting over the tiles of some premises belonging to another person—Targett escaped.
THOMAS PRONGER (policeman, B 74) On 1st Dec. I went to this house in St. James'-court, and there found the glass shade of the clock, the pendulum and key—on the 10th I accompanied Tappin to the British Queen, and there saw the peisoners—when they saw us they escaped of the backparlour window—I apprehended Durden—the prosecutrix's house is in the parish of St. Mary Abbott's Kensington.
SARAH BAILEY . On 30th Nov. I was on a visit to Targett and his young woman, at No. 1, St. James'-court. I slept there on the Monday and Tuesday night, but not on the Sunday—Durden and Dickson came there on the sunday morning—I cannot remember what day of the month that was—I was in the room when they came in—neither of them brought anything—I slept in the same room as Targett and his young woman—I had no separate bed—the clock was taken out of that room by the policeman, on Wednesday morning—I was in bed then—durden and Dickinson had been there on the previous Sunday—I did not assist in cleaning the room—I did not observe this bundle in the house—I was there when it was found—I had never seen it before.
Cross-examined by MR. PARRY. Q. Do you know whether sunday was 29th Nov.? A. I cannot say; but they came the Sunday before the Wednesday on which the policeman came.
Durden's defence. On the morning of 30th Nov., about twenty minutes past 7 o'clock, I left my mother's and went to Mr. Johnston's; I got there about eight; my sister came up, opened the door, and I went down into the kitchen, she followed me; I asked which were the covers she wanted cleaned; she pointed to twelve covers on the wall; I took them down and put them on the kitchen table; while they were there a bell rang, and my sister went up stair to her mistress with some hot water; I took the
covers off the table and them in a shawl; when my sister came down I had the covers in the shawl but not tied; shortly after my sister went up stairs into the parlour to get ready for her mistress's breakfast; a few minutes after I went up as I came along the passage, I called my sister said, told her I was going as I had the covers ready to take away; she said, "very well, let me have some of the covers as soon as you can, because I shall want some of them for dinner;"I said "very well," and went away: I proceeded about twenty or thirty yards and the shawl policeman; he asked what I had got, I told him; he looked inside the shawl and told me to go on; I went home to my mother's had my breakfast, and went over the water on business; next morning a letter came from my sister to my mother, to go to her she went; I went out, and when I came home at night my mother had not returned; when she came home she said Mr. Johnston, had lost a dial, and I was rather suspected; I wanted to go to Mr. johnston, but she said I have had netter not; on the Wednesday I was at the British Queen; 48B came in, I offered him some ale, which he accepted, and went away again; on Friday evening I was there again, when the policeman came in; Dickenson and I were larking in the yard; I chucked his cap upon the tiles; he got up after it, and 48 B caught hold of him and pulled him off, and 74B took me; I knew nothing at all about the robbery.
Dickenson's Defence. On the Tuesday morning that the witness says I was in Pelham-road I was not near the place; I was at home, which I have witnesses to prove; the witness said at the police-court that he saw me go round the square with a dial under my arm; afterwards he denied it, and said it was a man with a fustian coat; I was at the British Queen with the other two prisoners on the Wednesday evening when the policeman came in; on friday I was there again with the other prisoners; we went into the back yard and got larking; Durden chucked my cap on the tiles; I got up after it, and the policeman came and took me; I asked what he wanted me for; he said on suspicion of stealing a dial; he said, "If you do not know, Durden does;"Durden said he knew Mr. Johnston had lost a dial, but be could not account for it.
DURDEN— GUILTY . Aged 20.
DICKENSON— GUILTY . Aged 19.
Confined Twelve Months.
TARGETT— NOT GUILTY .
Before Mr. Justice Maule.
JOSEPH BAILEY . I am a grocer, at 24, Robert-street, Grosvennor-square. On 21st Dec., about nine o'clock in the morning, the prisoner came to my shop—I knew him by coming for goods before—he came to inquire if Miss Clapp had been round to visit the shops and the poor—(Miss Clapp is a charitable lady)—I replied, "No, but I expect she will be round in the course of a short times"—he then left, and came again in about twenty minutes, or half an hour—I was then in the parlour, talking to Mr. and Miss clapp—I was called into the shop by my niece, Rebecca Iliff—I had a policeman in the parlour—I looked at him, and he went out at the private door, came in at the shop door, and I gave the prisoner into custody—I have had no less than 579 of these forged tickets,
otmel to the bearr. M. S. Cclapps.")—the oatmeal came to 4d.—he had half-a quartern loaf instead—he preferred bread—I thought it was all right—some of them are signed, "Clapps,"and some "Clapp"—oatmeal is spelt "otmel," and bearer is spelt "bearr."
MARIANNA SPENCER CLAPP . I am in the habit of visiting the poor in the neighbourhood of Mr. Bailey's, and occasionally give them orders for goods—this ticket is not my writing—I know nothing at all about it.
Prisoner's Defence. A woman sent me in with it, and told me she would give me 1d. when I came out.
MR. PAYNE, (as amicus curiœ,) suggested a doubt as to whether such an instrument could he said to resemble any genuine document, so as to deceive a person of ordinary observation. MR. JUSTICE MAULE was of opinion that (although its meaning might be doubtful) it was intended to operate as an order for the delivery of goods to the bearer.
GUILTY. Aged 14.—Recommended to mercy. — Confined One Month.
JOSEPH BAILEY . On 25th or 26th Nov., about seven or eight o'clock in the evening, the prisoner came to my shop and produced some papers to me—this is one of them—(read, "Giv bearr one quart otmel. Cclapps")—in the dark of the evening I did not take that notice to see that it was not Miss Clapp's writing.
Cross-examined by MR. PAYNE. Q. How can you tell that this particular ticket was produced by the prisoner? A. To the best of my knowledge it was—she produced three, which are all here—the name of "Hickey" is on the back of them—that was put on at Marlborough-street—it was not on it at the time I received it—the manner in which I ascertained it to have been presented by the prisoner was by referring down the file, and to the day of the month—there were a great many of these forged tickets on the file, perhaps 200 or 300.
COURT. Q. When did you refer down the file? A. On 20th Dec.—I think there were very few tickets on the file before this, not fifty; there might be forty—there were some hundreds after it—I cannot say how many persons came with these sort of tickets; from thirty to 100—I am quite sure the prisoner is the woman that produced this ticket, because I have seen her in the shop more than twice—I have no other reason—I had no genuine tickets delivered the same day—I had some on another file, which Miss Clapp had issued—I am a plasterer as well, and do not spend the whole of my time in the shop, and have nothing to do with what comes into the shop—there were some genuine tickets on the file among the forged ones—I would not swear that each of the thirty or 100 persons brought forged tickets—I had not known the prisoner as a customer—I have a genuine ticket here (produced.)
NOT GUILTY .
(There was another indictment against the prisoner for a like offence, upon which no evidence was offered.)
JOSEPH BAILEY . On Saturday night, 18th Dec., the prisoner came to my shop and produced three tickets—I had seen her in the shop many times bringing these tickets—this is one of the tickets she gave me on the 18th—(read, "Giv bearr one quart meal. Cclapp")—she did not say anything at the time—she might have said that Miss Clapp was a very charitable lady—upon
bringing the thought to my mind I believe she did say so—I know these are the tickets she brought on the Saturday night, because they were on the top of the file, and there were very few, if any, served out on the following Monday—I examined the file on the Monday night after the prisoner had given them to me.
Cross-examined by MR. PAYNE. Q. Do you not speak to these in the same way that you did to the last? A. I swear that these are the tickets that the prisoner gave to the best of my knowledge—the name of "Collins" was written at the back of these tickets.
Cross-examined. Q. It is not at all like your writing? A. No—it is spelt wrong.
NOT GUILTY .
(There was another indictment against the prisoner for a like offence, upon which no evidence was offered.)
JOSEPH BAILEY . On Tuesday, 21st Dec., the prisoner brought three orders to me—this is one of them—(read—"Give bearer two ounces of tea, half sugar. Cclapp")—I did not give her the goods—I had suspicion—a policeman accidentally came up to the shop-door at the time, and I gave her in charge—I had been to Miss Clapp on the previous evening and asked her if there were any orders out, and she said, "No"—there was nothing in the look of the tickets that excited my suspicion—I do not keep many books—I can write tolerably sometimes, not always—I did not take particular notice of the writing on the few tickets that I received—the prisoner had often been in the shop before.
JOHN HUGHES (policeman.) I took the prisoner on Tuesday morning, 21st Dec., at Mr. Bailey's shop—she had the three tickets in her hand when I went in—I heard her ask for the goods as she handed them over—this is one of them.
Prisoner. He was not in the shop at the time I presented them; the young woman was in the act of weighing the tea as he came to the door. Witness. She was in the act of putting them down on the counter—I do not know whether the young woman was weighing the tea.
Prisoner's Defence. I had a lot of the tickets given to me by a woman named Talbot; she told me to go to Mr. Bailey's; that there were a great many persons getting bread and things, that did not need it so much as me, who am a poor widow with four orphans; she said I had nothing to do but lay them on the counter, and I should get the value of them; I did not know they were false, or I would not have presented them.
NOT GUILTY .
(There was another indictment against the prisoner for a like offence, upon which no evidence was offered.)
JOSEPH BAILEY . On Friday, 17th Dec., the prisoner came to my shop with three tickets—this is one of them—(read—"Give bearer one quart meal. Cclapp")—she got the goods and went away—I put the tickets on the file—she came about ten minutes before Callahan—there were no tickets between
hers and Callahan's—I swear she is the person who produced this ticket, and had the goods—I am certain she is the woman—I do not know who was the last person that came with tickets before the prisoner—Callshan came on the following night.
REBECCA ILIFF. I am niece to Mr. Bailey—I was in the shop when the prisoner came in on Friday and Saturday nights—I knew her before—she had bread instead of oatmeal both nights—I took this ticket on Friday—I took some tickets of her like this, and my uncle took some—they are all the same writing—my uncle took this—I looked at it—I filed it—there were several hundreds of tickets on the file—the file was full=they were not all forged—all the forged ones were in the same writing as this—there were a great many for a quart of meal, and all the persons who brought the tickets for meal had bread instead—they would not have the oatmeal—there might have been fifty or a hundred tickets for oatmeal—they were brought by women and a boy—the prisoner brought these—I know her by coming so many times with these kind of forged tickets—I put these on the top of the file—there were others taken afterwards—they were all put together.
NOT GUILTY .
THIRD COURT—Friday, January 7th, 1848.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. JOHNSON; and EDWARD BULLOCK, Esq.
Before Edward bullock, Esq. and the Third Jury.
WILLIAM BURN . I keep the King's Arms, Shadwell. On the evening of 27th Dec. the prisoner and two other women came and had a pint of beer—the two women because disorderly, and I put them out—the prisoner remained about an hour and a half—she because disorderly, and the waiter was about to put her out—the barmaid said, "She has got one of our pots"—she desired having any—I searched her, and found a quart pot under her spron and another in her pocket—this one is mine (produced)—I know it by the marks—it was in my house that evening.
JOHN WOOD (policeman.) I took the prisoner—she said she knew nothing about it, and had nothing—they had been taken from her then—in going to the station she said, "If I go to the station, Baldwin should go too, for he is the receiver."
Prisoner. No, I said my little boy should go too. Witness. A person named Baldwin keeps a marine store-shop in fox-lane—the prisoner was in liquor.
Prisoner's Defence. two women forced me to go out with them to get Christman-boxes; we had a pot of beer at the Duke of york and three halfpints of rum; they left me with the pot; I took up my baby in one hand and the pot in the other; I went out and met them again; they wanted to
go into another public-house; I said I could not with a pot in my hand; they told me to put it into my pocket.
GUILTY.—Recommended to mercy by the Jury. — Confined Three Months.
JOSEPH HIPKINS . I am a bookbinder and stationer, at 43, Cannon-street, 8t. George's. The prisoner was in my service three weeks—on Sunday morning, 26th Dec., I missed a bottle of gin, and asked the prisoner what she had done with it—she said she knew nothing about it—she was quite intoxicated—I sent for a constable, made a search, and on the top of a shed in the yard we found these perforated cards—they are mine—the prisoner told the constable, in my presence, that he need not look further, that was all she bad taken—I afterwards saw him find some sheets of paper concealed in an old bedstead in the yard—it is mine—it has my stamp on it—it had been part of the stock of the shop.
Prisoner, I had not seen the bottle of gin or the paper before the policeman came—I said he would find nothing about the place—he must have misunderstood me.
THOMAS KELLY (Policeman, H 119.) In consequence of information, I went to Mr. Hipkins', and told the prisoner she was suspected of stealing a bottle of gin—she said her father had been twenty years in one place, and she would not be accused of anything—I searched for it, and Mr. Hipkins found these cards on a shed in the yard, in my presence—the prisoner said, "I have taken them and put them there, you need not search for any more"—I found these thirty-eight sheets of writing-paper in a bedstead in the yard—she said she put them there—she was very violent, and tried to escape—she appeared to have been drinking freely.
Prisoner. I did not say I put them there, I said I know nothing of them—I was crying, and you must have misunderstood me. Witness. You were crying.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy by Prosecutor and Jury, — confined One Month.
ROBERT MACKINTOSH . I am shopman to Stephen Hobson Heath, 38, Poultry. On 27th Dec., at twenty minutes to twelve, I was in the shop, and saw the prisoner take a pair of shoes from inside the door, and turn up Grocer's-hall-court with them—I followed and brought her back—I did not see the shoes then—she had a shawl on—a constable followed us to the shop, and she dropped these shoes in his presence—they are Mr. Heath's property—he has no partner.
GUILTY . Aged 22.— Confined Three Months.
London Docks. About a week before I went before the Magistrate, the prisoner came on board—I had ben shipmate with him before—he said he had been turned out of his lodging, and he was hard up—I said I would share my bed and meals with him—on Thursday night I left him in the vessel, and on Friday morning, between seven and eight, I came back and found the state-room broken open—the prisoner was not on board—I had left it locked between four and half-past the day before—one drawer was half open that had been locked before—I missed from it two coats, one belonging to Captain Dailey and one to me, and a jacket—I gave notice to the police, and gave the prisoner in charge the same night, in the Highway—he had Captain Dailey's jacket on—I asked him what he had got on, but cannot say what he answered—this is the jacket—(produced)—he asked me if I had found the quadrant—I said "No,' and asked him if he had taken one—he said 'Yes"—I swear that—this is my signature to these depositions—(read—He then asked me if I had found the sextant—I said, "What, have you taken that too?"—he said, "No, it was not me, it was the other man ")—he might have said so—I will not be confident—the prisoner afterwards took me to Mr. Tellford's—I found this sextant there—(produced)—it had been in a case on a shelf in the state-room.
Prisoner. I never saw you before. Witness. I was shipmate with you for nine months, and am sure you are the man.
CHARLES FRAZER (Thames policeman, 78.) The prisoner was given into my charge in Ratcliffe-highway—I found a jacket on him, which the captain owned—I asked him where he got it—he said, another man gave it him—I said, "Where is he?"—he said, "I think he is gone to Newport," and said, "Have you found the quadrant?"—I said, "What quadrant?" and asked Burgess if he had lost a quadrant—he said, he did not know—I said, "Where is it?"—the prisoner said, "I will show you, for I carried it out of the Dock-gate, and waited outside while it was being pawned"—I took him to the pawnbroker's, and asked whether he had received a quadrant—he said, "No, but I have got a sextant"—he showed it me—Burgess said, "It is the owner's property"—this (produced) is it—I made inquiry about the two coats, but the other man has gone to Liverpool—I found the prisoner's character on him.
GUILTY . Aged 34.— Confined Three Months.
MR. PAYNE conducted the Prosscution.
GUILTY. Recommended to mercy by the Jury. — Fined 5l ., and to enter into recognizances.
TURNER pleaded GUILTY ; he received a good character, and a witness engaged to employ him.— Confined One Week.
HANNAH CRESWICK . I am the wife of Richard Creswick, who keeps an eating-house in Castle-street, Bethnal-green. On 21st Dec., about half-past two o'clock, I left my shop, and went into in kitchen—I came back in two
minutes, and saw Turner behind the counter, with his hand in the till—I asked him what he was doing there—he attempted to run away—I shut the door, and stopped him—he dropped two sixpences and a fourpenny-piece—Beasley came into the shop, and he was secured.
THOMAS BEASLEY . I am a shoemaker, at Bethnal-green. On 21st Dec., about half-past two, I saw the prisoners together in conversation opposite Mr. Creswick's shop—Hedges walked in—Turner followed him—there was no one in the shop—I went to my door—Hedges came out, and ran away—I went across, stopped Turner, and saw him drop two sixpences and a fourpenny-piece—Mr. Creswick came and caught him.
CHARLES BOOLTER . I am a toy-maker at Castle-street, Bethnal-green. I was at my window, and saw the prisoners together—Hedges went into the shop—Turner followed directly—I went to my door, and saw Hedges walk out, leaving Turner in the shop—I went after Hedges, and said, "You must come back"—he said, "What for? I only went in for a halfpenny dumpling"—we went back to the shop.
Hedges' Defence. I went in to buy a halfpenny dumpling; somebody came in, and I walked out.
HEDGES— NOT GUILTY .
REBECCA WALPOLE . I am single, and live at Tash-street, Gray's Inn-lane. On 3rd Jan., between two and three o'clock in the afternoon, I was in Farringdon-street, waiting by the crossing—I felt something at my pocket, turned round, and saw the prisoner take his hand out—he ran away—I missed my purse, which had 3s. 6d. in it—it has not been found—I called "Stop thief!"—I am sure the prisoner is the boy.
ALFRED GREEN (City policeman, 376.) I saw the prisoner in Farringdon-street—the last witness gave him into my charge—there was a crowd there—I took him to the station, and searched him, but found nothing.
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined Three Months.
492. JOHN FLYNN and JAMES SHAW , staling 89lbs. weight of lead, value 11s., the goods of Edward Charles Austin, fixed to a building.—2nd COUNT, of Jonathan Lovelock; Flynn having been before convicted; to which
FLYNN pleaded GUILTY , Aged 19.— Transported for Seven Years.
HENRY TODD (policeman, G 221.) On 23rd Dec., about nine o'clock at night, I went from the roof of 11, Baldwin's-gardens on to No. 7—I found both prisoners there, with some lead rolled up ready to take away—I said to Miles, "Oh, here they are!" and asked what they did there—they made no answer—I saw Flynn throw a knife away—Miles took him, I took Shaw—I took Shaw to the station—I went with Mr. Lovelock, next morning, on to the roof, and found the lead fitted with that on the roof exactly—it appeared to have been cut with a knife—I have cut off this piece of lead—it corresponds with the other.
Shaw. Q. You say you saw me and Flynn together, but I was on the other side of the roof? A. You were both close together, standing in the gutter, half a foot from where the lead was rolled from.
JONATHAN LOVELOCK . I live at 7, Baldwin's-gardens. I was not at home when the prisoners were taken—I saw the lead compared, and am quite satisfied it was taken from there—there was lead missing, and it corresponded—I had missed a piece two nights before—I am tenant of the house.
Shaw's Defence. I heard a cry of "Fire!" and saw a woman and children hallooing out—the policeman came up with his staff out, which made me so frightened I could not speak.
SHAW— GUILTY . Aged 23.— Confined Twelve Months.,
HENRY KING . I live at Bridge-row, Pimlico. On 4th Jan., about half-past three o'clock, I saw the prisoners at Mr. Weeks', a fishmonger's and poulterer's shop—Sullivan took two fowls, passed one to Riley, and went on six or seven yards—he saw me, passed the other to Riley, and Riley ran back to the shop with the fowls—I took him—I could not get Sullivan—I am sure he is the boy—I knew them both before.
Sullivan. Q. Did I run away with the fowls? A. Six or seven yards; I picked one of them up—when you saw me, you ran as fast as you could.
WILLIAM WEEKS . I am a fishmonger and poulterer, in Great Chapel-street, Westminster. These are my fowls (produced)—I know them by the bottom beal being cut off—it was cut off all the fowls I had—I had seen them safe five minutes before I left the shop.
Riley's Defence. Sullivan took up the fowls, and passed them into my hand; I put them down; I never went away from the shop.
Sullivan's Defence. I took up the fowl merely to give it to Riley to look at.
RILEY— GUILTY . Aged 16.— Transported for Seven Years.
SULLIVAN— GUILTY . Aged 16.— Confined Six Months.
HENRY DOWDALL . I am a shoemaker, at Preston-place, St. Pancras. The prisoner was in my service about five weeks—on Saturday, 1st Jan., in consequence of something, I gave her in charge—on Monday morning, Mr. Dowdall questioned her, but not in my presence; after which she gave me two duplicates, and said she was very sorry for what she had done, she had pledged the things, and would get them out again—she did not say what
things—I went and got this sheet, pillow-case, and petticoat out of pawn—(produced)—they are property.
Prisoner. I asked you to forgive me, and said I would get your things cut? Witness. That was so—I do not know that Mr. Dowdall sent you to pledge a sheet for 2s.
Prisoner. She told me not to tell you of it; she sent me with four and a half yards of stain, on which I got 2s. 6d.; she asked me for 2d. for some gin; I said I had not got it, and she sent me out to pawn a handkerchief, which I did, and that is the handkerchief you charge me with robbing you of.
GUILTY. Aged 38.—Recommended to mercy by the Jury. — Confined one Month.
(There were two other indictments against the prisoner.)
MR. BALLANTINE conducted the Prosecution.
PATRICK HOY . I am a constable of the Eastern Counties Railway Company. About half-past seven o'clock, on Wednesday evening, 29th Dec., I was on duty at the Shoreditch station, and saw the prisoner and several more on the platform—I watched him, saw him go into a first-class waiting-room, come out, and go into second-class waiting-room, and walk up and down—he then went into minutes, and came out with a no business there—he remained two or thee minutes, and came out with a bundle—I followed him to a water-closet, and waited till he came out—he then had no bundle—I did not speak to him—I followed him into the road—there is window in the water-closet communicating with the road—I went there to see if he had dropped it into the street—he had not—I took him in charge, and said, "Where is the bundle you had when you came out of Mr. Grimshaw's office?"—he said he had not been there—I said, "How come you to tell such lie, I saw you come out—he said, "I went to see what o'clock it was"—I found a bundle upon a wall which divides the water-closet, half hanging down—it had not quite gone on, it was too high for any one to reach, and had been thrown up—I asked him where the check handkerchief was that he had—he said, "I have got no such handkerchief"—somebody took his had off, this handkerchief fell out (produced)—this is the same kind of handkerchief—when I saw the pillow it was without one.
Prisoner. Q. Did not I tell you it was my handkerchief, that I was very ill with the influenza, and was obliged to have two? A. No—I did not put the pillow-case in a handkerchief to make a bundle of it—the bundle was of the size of this pillow (produced)—there was a lighted clock on the platform, which you could have looked at without going to the Secretary's office—when I first saw you, you had the bundle behind you—you saw me watching you, put it in front of you, and went into the water-closet—it could not have been two handkerchiefs—two dozen handkerchiefs would not have made such a bundle as this.
HENRY GRIMSHAW . I am principal station-master at the platform. I recollect a lady coming up one Sunday night, who left a pillow which was put in my office—on 29th Dec, about half past six o'clock, it was on the end of my desk—I went to tea, and returned a little before eight—the policeman spoke to me, and I missed it.
Prisoner's Defence. I am innocent; I was seeing a gentleman off by the rail, but he did not come; I am a widower, with three children under eight years of age; I have always borne a good character.
GUILTY . Aged 70.— Transported for Seven Years.
JAMES RICHARDSON EBTHORPE . I live at 5, Globe-terrace, Poplar—it is my dwelling-house. On the night of 3rd Jan, I was the last person up—I saw the doors all fastened—the area-door was fastened with shutters and bolts—it is partly glazed—I went to bed about half-past ten—about three o'clock I heard a window break—I got out of bed, opened my window, and called out; there was no answer—I listened two or three minutes, and heard footsteps in my kitchen, apparently on the broken glass—I then heard foot—steps on the other side of the road, and called, "Police!"—I afterwards saw the prisoner coming up my area-steps—the policeman took him—I found the area-door open, and the glass broken—I saw an iron rail on the carpet, in the kitchen—I did not miss anything.
Prisoner. Q. Was I sober? A. You appeared so; if you bed not been you could not have got over the gates, or made the resistance you did.
ROBERT FENN (policeman, K 363.) Oh 4th Jan., about three o'clock in the morning, I was in the East India-road, heard a cry of "Police!" went over, and saw the prisoner coming up the area-steps—he jumped over the railing, and ran away—I stopped him a few yards from the gate—he resisted very much, and tried to get away—he threw me down twice, by putting his legs between mine—I kept him down some time, and called a carman, who assisted me—I took him to the station—I was so smothered with mud the inspector sent me home—he did not speak—if he had been drunk he could not have scuffled as he did—I produce part of the area-railing, which he broke the door open with—the glass was broken.
Prisoner's Defence. I had been drinking very hard; I never intended to steal; I was stupidly drunk; there is no doubt I had been lying there asleep some time.
GUILTY . Aged 24.— Transported for Seven Years.
NEW COURT.—Friday, January 7th, 1848.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. JOHNSON; Mr. RECORDER; and Mr. Ald. SIDNEY.
Before Mr. Recorder and the Fifth Jury.
497. JOHN HENRY LUCAS , stealing 1 desk, value 10s.; 1 snuff-box, 6l.; 2 rings, 1l.; 2 brooches, 1l.; 1 watch-book, 2s. 6d.; and other articles, the goods of Clara Maria Halliday, in the dwelling-house of Sarah Baker; to which he pleaded
GUILTY . Aged 13.— Confined Seven Days and Whipped.
(MR. CLARKSON stated that the prisoner's mother was respectable, but in distress.
498. CHARLES IVORY , stealing 1 telescope, value 1l.; 3 spectacle—frames and 3 pairs of spectacles, 7l.; also, 2 pairs of spectacles, 7l. 10s.; the goods of Charles Wastell Dixey, his master; and JOSEPH ROGERS , feloniously receiving the same; to both of which
IVORY pleaded GUILTY .— Confined Six Months.
ROGERS pleaded GUILTY .— Confined One Year.
GUILTY . Aged 17.— Confined One Year.
500. HENRY TACKRELL , stealing 1 pair of trowsers, value 2s. 6d.; I sovereign, 1 half-crown, 4 shillings, and 1 sixpence; the property of Joseph Tackrell; having been before convicted; to which he pleaded
GUILTY .** Aged 12.— Transported for Ten Years.
(The prisoner had also been convicted of highway robbery.)
GUILTY . Aged 22.— Confined One Year.
GUILTY .** Aged 14.— Transported for Seven Years.
(The prisoner had also been before convicted of highway robbery.)
503. MARY ANN STANTON , stealing 3lbs. weight of candles, 5lbs. of sugar, 1lb. of tea, 2lbs. of raisins, 6lbs. of currants, and other articles, value 20s.; the goods of Frederick Ibbetson, her master.
FREDERICK IBBETSON . I am a grocer, at Skinner-street, Somers-town—the prisoner came into my service on 1st Nov. On 15th Dec., at half-past eleven o'clock at night, I was sent for by the young men—I went and found the prisoner very much intoxicated—she owned she had been taking some elderberry wine, and it had got into her head—I told her to go to bed, and get up early in the morning, and pack up her clothes and go—I went next morning at ten o'clock—I found her intoxicated then—I went two doors off to another shop of mine, got the housekeeper, and told her to assist her to pack her things together—the things were brought down into the parlour by the other housekeeper—a hat-box came down with the bottom nearly out, and out rolled some money and 1/4 lb. of peppermint—that raised my suspicion—I called my young man to bring my peppermint—I compared them with those lying about the floor, and they tallied—I went up stairs—the prisoner wished me to search her box before she left the house—I said, "Give me the key of your box?"—she was five or ten minutes before she could find it—when it was handed to me, I opened her box—I took out some clothes, and found the box half full of grocery—her bed-room was strewed with tea and coffee—about 4lbs. of candles were in her bed-room—she said she had selected these things for the use of my young men—I gave her 30s. every Monday to keep house, and whatever she had in the shop she used to purchase, the same as any other person—there were two young men and herself—she was not confined to 30s. it was sometimes 1l. 14s. 6d. or 1l. 12s.
Cross-examined by MR. ROBINSON. Q. There were things strewed about the room? A. Yes, and under her bed was a cullender full of currants—I have no partner—I have four branch shops—there were only two young men in the house where the prisoner was—there was an assistant for about three
weeks at Christmas—the prisoner stated at the Police-court that she had been in a lunatic asylum—it was about two hours after I told her to go, that she asked me to go and look at her box—she was not so tipsy as not to know what she was saying—she said she should like me to see her box before she left, not thinking for a moment that I should assent to what she said—the policeman counted the things, and I wrote them down—the list is correct—the indictment was copied from it—the prisoner got Mr. Boulton, of Houndsditch, to give her a two years' false character.
JOSEPH STROUD (policeman, S 275.) I took the prisoner—she said the articles found were for the use of the persons in the house—these are the articles—they are according to this list—the prisoner was the worse for liquor.
SUSAN KEMP . I searched the prisoner at the station—she was not sober—she had no pocket—I found in her bosom a quantity of tea, cocoa, peppermint-drops, cayenne-pepper, and almonds—most of the parcels appear to have been opened—she said she had been a very foolish woman, that she had done wrong, and the articles found in her box would do for her.
FREDERICK IBBETSON re-examined. These are my things—they are worth 1l. or 30s.—I can swear to most of them—I cannot swear to those found on her—the bed she slept on has had half the feathers taken out—I can swear to the doing up of this paper—the young man who did it up has a different way of doing up sugars to other people—I can swear to the turn ar the bottom of the two paper bags—I do not swear to the sugar—there is no mark on any of the articles, but most grocers make their bags different to others—she had a store, where she kept the things for the young men, on the shelf in the kitchen—her box was locked, and the key in her pocket—she came to me, and was sorry for what she had done, and wanted me to forgive her—she stated that she bought a quarter of a pound of tea the day previous—here are nearly two pounds here.
NOT GUILTY .
FREDERICK IBBETSON . On 28th Dec. Mr. Boddington brought this blind to me—it had been up at the prisoner's bed-room window—it was not there when she left—there was a sort of check put to it—I swear to it—there is a large turn over at each end—it was made by my wife—she is not here.
Cross-examined by MR. ROBINSON. Q. When did you last see it before 10th Dec.? A. I cannot say to a week or two—this is the broad hem at the side—it was made for the house I live in, in Brewer-street—it may be between six and seven months old—it has been a larger blind, and now made smaller—I made the observation that the hems were two inches wider than were necessary, and my wife did not agree with me—th prisoner had the charge of two bed-rooms, a kitchen, and parlour—they were decently furnished—there was as much in them as was necessary.
EMMA BODDINGTON . The prisoner took a front parlour in my house, and on 10th Dec., about a week afterwards, she brought this blind to my house—I asked if she was married and had a family—she said, "No," she was housekeeper to Mr. Ibbetson, and she wished to take a room to put her furniture in, as the room she then had was a long way off—I went to inquire why she did not come, and heard she was taken up the day she was to have come to my room—I did not hear Mr. Ibbetson claim anything but this blind.
Prisoner. There never was a blind to the window; the housekeeper who
preceded me knows there was none; there was a small white curtain; it did not want any blind when the curtains were drawn.
MR. IBBETSON. I saw this blind hanging in her bed-room—it did not reach from the top to the bottom—there was a piece of check, a kind of duster, put at the bottom.
NOT GUILTY .
THOMAS CARTER (police-sergeant, E 7.) On 24th Dec., I received charge of the prisoner at the station—he said he lodged at 78, Oxford-street—I went there, and was directed to a box by the shopman, and one of the prisoner's employees—I found something in it.
ALFRED HEATH . I am assistant to Mr. Young, a pawnbroker, in Princes-street, Leicester-square. I have a piece of satinet pawned for 15s., on 5th July, in the name of John William—I have no recollection of the person who pawned it.
WILLIAM OWEN . I am partner with Mr. Joseph Willes Rumball, at No. 78, Oxford-street. The prisoner was in our employ till 24th Dec.—he occupied a room over where the young men dine—I was present when his box was searched—it was not locked—his clothes and letters were in it—I found this duplicate of this satinet in it, which led me to the pawnbroker's—I saw the satinet found there—the box was not locked.
WILLIAM OWEN re-examined. This satinet is our property by the mark on the end, and the creases all through; it had been on a stand in our window—it was not sold—I take the particulars of every yard of silk sold on our premises—the young men buy goods of us, perhaps two or three shillings worth—if they buy more, it is generally entered in the book.
Cross-examined by MR. ROBINSON. Q. How many persons have you? A. Five, with the prisoner—I believe three persons slept in the room with him.
WILLIAM OWEN . I am in partnership with Joseph Willes Rumball—we are silk-mercers, at 78, Oxford-street. The prisoner was our assistant about ten months—these nineteen yards of satinet are ours, and worth about 3l.—we purchased it at Morrison and Co.'s, in Fore-street—it had never been sold—this letter (looking at one) is the prisoner's writing—it was given to the pawnbroker, to get the money for this satinet—(read—"Gentlemen, My son has full authority from me to pawn the article in question—Henry Williams, 86, Newman-street.")
Cross-examined by MR. ROBINSON. Q. Is there any mark on the satinet by which you can tell whether it has been sold? A. There is a number on it—I take down the length of every yard of silk that is sold in the shop—I keep the account in a book—that enables me to check the stock—I have not found that dresses have been cut off, and I have forgotten to enter it—I have entered it perhaps at the end of the day—we perhaps sell five or six dresses in a day—we enter the silk and the money also—I have not the book here—I have not searched it—I have not found any deficiency in the silk—we could
not miss any particular quantity—this piece was in our possession a week before the prisoner was taken—we could not miss it till we saw it.
WILLIAM MARCHANT . I am a pawnbroker, at 438, Oxford-street. On the evening of 24th Dec. the prisoner brought this piece of satinet—he asked 1l. on it—I asked him who he brought it for—he said, for his father—I told him to go and get a note from his father—he went away, and returned with the note produced.
ROBERT HENDERSON . I am warehouseman to Morrison and Co., of Fore-street On 8th Oct., I sold Mr. Rumball twelve pieces of satinet—this is one of them—it is of the same make and quality—I know it from its apperance—I believe it to be one of the twelve I sold him—he applied to us, and I made inquiries which strengthened my belief that this is one on the twelve pieces.
Prisoner's Defence. I said what I did to the pawnbroker to prevent giving my name and address, but when taken I told everything; I bought the satinet of a commercial traveller, who is since dead.
GUILTY .—Aged 23. Confined One Year.
OLD COURT.—Saturday, January 8th, 1848. PRESENT—Sir JOHN PIRIE BART., Ald.; Mr. Ald. JOHNSON; and Mr. PECORDER.
Before Mr. Recorder and the Second Jury.
507. FREDERICK BUTLER, FREDERICK THOMAS , and THOMAS LIVERMORE , stealing, at St. Mary Abbott's, Kensington, 8 shirt studs, 3 shirt pins, 2 coats, and other articles, value 14l.; the goods of Arthur Pratt Barlow; also, 1 bag, value 6d.; the goods of Mary Boland; also, 1 time-piece, value 6l.; the goods of Frederick Richard Pratt Barlow, in his dwelling-house; and JOSEPH HOLLIS , for feloniously receiving part of the said goods; to which
BUTLER pleaded GUILTY . Aged 20.
THOMAS pleaded GUILTY . Aged 17.
LIVERMORE pleaded GUILTY . Aged 18.
Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
MARY BOLAND . I am housemaid in the service of Mr. Frederick Richard Pratt Barlow, of 24, Kensington-square. Mr. Barlow has been away some time, and the house has been under repair—Livermore was employed on the premises as a plasterer, and Thomas also—I know nothing Bulter—one Sunday. I do not know the date, I left the house for about an hour, and came back about a quarter past four—I did not then miss anything—out the following Wednesday morning I missed eight shirt studs, some shirt pins, a watch key, some clothes, a masonic guard, and other things.
EMMA HAMILTON . On Sunday, 19th Dec., I was living with my sister, at 1, Cottage-court, Orchard-street, Westminster. I know Thomas, he came to my sister's about eleven o'clock in the morning, and soon after, Livermore and Butler came—Butler was living with my sister—I heard Thomas say to Butler that he was going down to mind the house for the housekeeper, at Barlow's—Butler said, that would be a good chance to get in; and they all left about half-past one o'clock—I saw Livrmore again about half-past five in the evening, and he said he had got in—he had a bundle with him which contained handkerchiefs scarfs, a medal, a pair of trowsers, and a
pipe—he did not say where he had got in—I afterwards met Butler and Thomas, at Hyde Park-corner—I heard Butler say to Livermore that they had got the things out, and Livermore said to Butler, he was a fool to leave the things in his mother's wash-house—they then all three agreed to go down and remove them, and I left them—I saw them all three again between nine and ten in the evening, at the King and Queen, in Kensington—my sister was with me—Livermore, Butler, and my sister left, and I did not see them again till between twelve and one at night—they then had some shirts on and a coat—they had no time-piece—I first saw the prisoner, Hollis, as he was coming into my sister's room with Livermore, between seven and eight on Monday evening—Livermore had been to fetch him—I, my sister, and Thomas were there—a time-piece, some waistcoat, a medal, a telescope, and a pipe, with a black handle, were shown to Hollis—he said Livermore was a fool to take the pipe, as it would betray him—and Hollis then broke the pipe—he put three of the waistcoats and the black coat on his body, and put the medal and telescope in his pocket, with the cigarcase, and a handkerchief—this was about half-past eight—Livermore then put a pair of trowsers over his arm, and he and Hollis left together—they came back again about a quarter to nine, with a young woman, who I now know to be Hollis's wife—Hollis gave her the time-piece, and said, "Mind how you take it, for there is somebody after me" all the prisoner then left, and I saw no more of them till they were in custody—this is the timepiece—(produced.)
WILLIAM MIDDLETON . I LIVE AT 59 Portland-street, Walworth. My employer's premises are wine and ale stores, in Pudding-lane. City—Hollis came there on the Wednesday before Christmas, and brought two paper parcels and a bundle, and wanted me to take care of them for him for a day or two—I said I would—I had known him fifteen or eighteen months—there was no one with him—his wife came on the Monday morning following—I knew her—she said she wanted the packages that her husband had left there—I gave her two of them—I do not know what was in them—I kept one of them, which was locked upo in a drawer, of which I happened not to have the key—I gave that to the policeman—he opened it in my presence, these articles of clothing were in it.
THOMAS BRADSHAW (policeman, T 130,) I know Hollis and a person who may be his wife—I received a time-piece, scarf, and handkerchief form her, in High-street, Kensington—the time piece was produced at the station-house the night Hollis was taken, she came to the station with him and me, and Sergeant Hogan—it was after that I received it from her—Mr. Barlow's house is in the parish if St. Mary Abbott's Kensington.
COURT. Q. Did he tell you where the rest was? A. I got a clue to him by information I got from Hamilton.
MARY BOLAND re-examined This time-piece is my master's—these coat and other articles are Mr. Arthur Barlow's and were in the house—there is other property missing—I missed the time-piece on Tuesday, and the other articles on Wednesday—Thomas was the one I left in charge of the house—I believed him to be a good steady boy from what I had seen of him at work in the house—he was in the employ of Mr. Hunt, the painter—I never saw Butler.
Hollis's Defence. On Monday night, about half-past nine o'clock, I was going home, after having been out with my writing-paper, as I always do; I went to have a pint of beer; Livermore came in, and said he wanted me; I went with him; he took me up stairs, and the witness was there, and the property; I said, "What do you want? I don't know where to sell them; where did you get them?" he said they were his own; I took the property to sell for 2l. 10s.; I was telling a gentleman who kept a public-house about it, and he said I had better keep the things till I could find where they came from; I took them to Mr. Middleton, and asked him to allow me to leave them there for a day or two; On Friday the policeman oame and took me; I told him I had the things, and that my wife should fetch them; the witness burnt the pipe; I never saw it, and she carried the things home; she is trying to get me into trouble, to get herself out of it; I did not know the property was stolen; what I said to my wife was,"Mind you don't drop it."
Thomas. You burnt it, and helped to carry the time-piece home.
HOLLIS**— GUILTY . Aged 20.— Transported for Fourteen Years.
508. EBENEZER CULVER , breaking and centering the dwelling-house of Richard Toplis, at St. Matthew, Bethnal-green, and stealing therein 3 coats, value 6l.; 1 pair of trowsers, 10s.; 3 waistcoats, 30s.' 1 watch, 3l.; 1 key, 9s.; and 1 guard-chain, 2s.; his goods.
RICHARD TOPLIS . I live at 15, Minerva-street, Hackney-road, and am an oilman. The prisoner assisted me occasionally in my business—on Tuesday evening, 28th Dec., at half-past six o'clock, I and the prisoner left my ware-house together—I closed the door—it was secured by a lock, and I carried the key with me—the things stated, were then safe in my house, which is in the parish of St. Matthew, Bethnal-green—the prisoner accompained me a little father than the top of the street, and we parted—at twelve o'clock I returned to my dwelling-house, which communicates with the warehouse at the back, and was let in by my lad—I missed from the upper rooms three coats, three waistcoats, a pair of trowsers, a silver-gilt watch, and a guard—I had been them safe when I put on my coat, before I left at half-past six—they exceed 5l. in value—the prisoner came into my room while I was putting on my coat, but went down again directly—he could not have taken them then—I am quite positive the kitchen door and window were shut when I left.
Cross-examined by MR. PAYNE. Q. How long had you known the prisoner? A. Nine or ten months—I knew him when he was in business for himself—he was unfortunate, and I purchased his business fixtures of him, for 8l.—I have been in public houses with him, but not often, perhaps once in two or three weeks—sometimes I have not seen him for two or three weeks together, at others twice a day—I have played bagatelle with him, and a game of dominoes in my own house—we never played for money—on one occasion he came down to me, and said he had got men waiting, and begged me very hard to let him have 30s., which he was to let me have back on the following Saturday—he gave me some duplicates as security—he was very much at my house of late—he never had access up stairs—the things laid about the room—the watch was on the dressing-table when I left; it is worth 4l.,—I was in the kitchen at the time I was leaving, at half-past six—you have to pass through the kitchen to get out—there is no way of getting
up the stair-case without going through the parlour and kitchen—the staircase is on one side of the house, and the passage and door on the other—there is a pair of gates at the side of the door.
WILLIAM SMITH (policeman.) About ten o'clock, on the morning of 31st Dec., I went to Mr. Toplis', and found the prisoner there—I asked him where he had been to an the night of the robbery—he said, to a Mr. Burton's, 14, Downham-road, Kingsland; that he went from there to a Mr. Blackford's, Spring-place, Morning-road, and got home about half-past ten in the evening—I went to Mr. Burton's, and from there to Mr. Toplis' again, and found the prisoner there still—I said to Mr. Toplis, in the prisoner's presence, "That is the thief" (pointing to the prisoner)—he got up, and said, "Then I will tell you all about it, since it has come to this; I committed the robbery, and I will show you where the property is," or "the articles are"—he said he left the gate fastened with a stick; that there was a hole in the gate; that he put his hand in and opened it, and he effected the robbery by opening the window, and unbolting the door—after he had said he had committed the robbery, I said, "If you choose to tell me where the things are, you can"—he said he had not got the things, but he would get me the tickets—he took me to the water-closet in the back-yard, and there found the ticket of a coat and waistcoat, pledged at Mr. Leek's, at Hoxton, and a coat pledged at Kingsland—one ticket referred to Mr. Syer, 3, New North-street, Finsbury—the watch was afterwards found in the kitchen, which was used as a store-room, behind some packaged of black lead—it had evidently been concealed there—I have got there coats, one of the waistcoats, and the watch, chain and key—(produced)—when he went into the water-closet, he shut the door, and apparently went behind the door, where some things were stowed away, and got the tickets—I got this coat from Mr. Syer's.
Cross-examined. Q. Did he say that he knew nothing of the watch and chain? A. He did; nor of the other two waistcoats and trowsers—the watch and chain were found the following morning—he said to Mr. Toplis, "I came back to the house after I left you, found the side gate open, and saw two bundles in the yard; I picked them up and kept them, and I am very sorry for it"—he gave two versions of the story—I did not make any memorandum of what passed at the time.
MR. TOPLIS re-examined. This coat and watch are the same I lost.
EDWARD SYER . I produce a coat, which was left at my house by the prisoner on Tuesday night—he came on Wednesday morning, and said he had left it, wishing me to sell it for 1l.—I was trying to do so when the officer came on Saturday morning, and said it was stolen property—I gave him the same coat the prisoner had given me.
Cross-examined. Q. Had you known him before? A. Yes—he bore an honest character up to the present transaction, as far as I can tell.
FREDERICK WILLIAM BURTON . I live in Goulford-road, Downham-road, Kingsland. On the evening of 28th Dec. the prisoner deposited two coats and a waistcoat at my house—I was not at home at the time—he returned next morning, opened the parcel, and showed me what he had got—he went away—in the afternoon he took away one coat and waistcoat—I thought, until the day after, that he had taken the whole—he was formerly in my employ.
FRANCIS MILES LINTON . I am assistant to a pawnbroker. I produce a coat, pledged on 31st Dec. by a person I believe to be the prisoner, but am not quite certain—I gave him a duplicate, and have the counterpart—one of these produced by the policeman is the duplicate I gave.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy on account of him previous good character. — Confined Nine Months.
GUILTY of a common Assault. Aged 35.— Confined Six Months.
NEW COURT.—Saturday, January 8th 1848.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. JOHNSON; and EDWARD BULLOCK, ESQ.
Before Edward Bullock, Esq., and the Sixth Jury.
510. JOSEPH PALLETT, ALEXANDER SIMPSON , and GEORGE HICKMAN , stealing 35lbs. weight of mutton, value 25s.; the goods of James Le Neve; and RAYMOND HUNT , feloniously inciting them to commit the said felony, and receiving the said goods.
HENRY SLEET . I live in Peartree-street, Brick-lane, Old-street. I know Pallett, Hickman, and Simpson—I was with Hickman and Simpson in the City-road, on 21st Dec., the Tuesday before Christmas, between four and five o'clock, near Mr. Le Neve's shop—I did not see Pallett there, but I left Hickman and Simpson, and I saw Pallett near the Duke of Bridgewater, near the posts, in City-garden-row, about twenty yards from where I had been with Hickman and Simpson, and about four yards from Le Neve's shop—Pallett was coming in a direction from Hunt's shop—Hickman and Simpson had then come up to me—Pallett said to them, "Mr. Hunt will but it"—I stopped there, and Pallett went up to the top, against Mr. Le Neve's shop—I did not go with him, nor did Simpson nor Hickman--Pallett went alone—I did not see what he did—I was about twenty yards from the shop—I could see the shop when the gas was alight, but I could not see it then—it was about half-pass four o'clock—Hickman, and Simpson, and I stood talking—Pallett did not come back to us—we went round Macclesfield-street, City-road, and stood in front of Mr. Hunt's shop—I saw Pallett go into Mr. Hunt's, in about ten minutes, with some mutton—it appeared to be half a sheep—he had not joined us between the time of his going to Le Neve's shop, and his going to Mr. Hunt's—he came from Hunt's and joined us.
Q. You saw him go to Le Neve's, and then go to Hunt's between those times, had you and Pallett, and Hickman and Simpson been together?
A. Only once—Pallett carried the mutton before him when he went into Hunt's—I saw Pallett and Hunt together in the shop—they went into the back-parlour—they had the mutton with them—Pallett came out in about five minutes—he said to Hickman and Simpson, "We have got 4s."—I
believe he gave them something—Hickman give me 8d.—Pallett did not say anything to me.
GEORGE LEPLA . I live at 15, City-garden-row. On Wednesday, 22nd Dec., about half-past nine in the morning, I was in City Garden-row—I saw Hickman, and he said, "We had a fine haul last night; we had half a sheep from Le Neve's.
FRANCIS HALLIFAX (policeman, N 57.) I went to Hunt's shop, on Wednesday morning, 22nd Dec.—he came in while I was there—I told him I came about the mutton, from Le Neve's shop—he asked me, "What mutton?"—I said, "You need not ask me; the mutton from Le Neve's, that you bought yesterday"—he said he did not know anything about the mutton, he had not bought any—Mr. Le Neve came into the shop—I said to Hunt, "If you are an honest man, you will have no objection to my searching your place; if you have got no mutton here"—I went with Hunt into the wash-house—he pulled out a leg of mutton that had been in salt, and said, 'Here is a leg of mutton I bought yesterday"—I found another leg of mutton in a tub; and in a pot on the fire, I found some flaps of mutton—Hunt said he bought it of a man at the door, ar 5 1/2 d. a-pound—I found in all two legs, a tail, two flaps, and some loin suet—I said to Hunt, "What did it weigh?"—he said he did not know—I said I should have thought he would know, if he bought it—he said he did not keep such things in his head—I took him into custody.
Cross-examined by MR. BALLANTINE. Q. Does not Hunt sell meat that is cooked? A. There was some cooked shoulder of mutton on the counter—I did not see any puddings or other things.
FREDERICK THORPE . I am in the service of Mr. Le Neve, a butcher, in Bridge-place, City-road. On 21st Dec., about four o'clock, we had the hindquarters of a sheep, and three other sheep, hanging outside—about six o'clock the same evening, I missed the hind-quarters of the sheep, consisting of two legs and two loins, in one piece—I saw the legs that were found at Hunt's—I knew them—I am a left-handed butcher—I knuckle my sheep down different to a great many people—I saw them in Hunt's kitchen or wash-house—the meat was rather of a curious colour; and it corresponded in every way with what we had lost—it weighed about four stone and a half.
Cross-examined. Q. Your master has a large business? A. Larger than a good many—we had eight or ten sheep, but only this one-half sheep, and that we missed.
JAMES TAYLOR . I am an officer, and live in Nelson-place, City-road. I took Simpson on Wednesday, 22nd Dec.—I said it was about some mutton—he said, "I know nothing about it"—I said, "Were you with Hickman and Pallett?"—he said, "Yes, between five and six o'clock"—I said, "Did you not go to the play with them?"—he said, "No, I had no money."
JAMES MORGAN (policeman, N 299.) I received information from Mr. Le Neve. I went down City-garden-row, and saw Hunt standing at his door; I asked him if he had seen any person go down with any mutton; that Mr. Le Neve had lost some—he said he had not, and if he had he should not have stopped them, for no doubt the person who had it wanted it more than Le Neve did.
evening, 21st Dec., I missed a pair of hind-quarters of mutton, they were not parted—they were hanging at the corner of City Garden-row—I saw Hunt the next morning—I asked him whether he knew anything about any mutton I had lost—he said, "No"—I asked him if he had any objection to have his house searched—he said, "No"—I staid there while the policeman searched—he went into the wash-house, looked into a tub, and pulled out a leg of mutton—I saw what he took out—I have every reason to believe it was mine—it was the same size and description, and the weight and quality and everything the same as that I lost—the mutton was rather chilled, it had been kept alive rather too long.
MR. BALLANTINE to HENRY SLEET Q. How much did you get in this matter? A. Hickman gave me 8d.—I do not know what for—I thought it very kind of them—I did not think it was that I might conceal anything that was wrong—I thought they gave it me out of affection to me—I have got one friend in the street, who gives me 1d. or 2d.—I do not know whether Hickman is older than I am—I know he could whack me—he has done it.
Simpson. It is false about his saying that Pallett took the mutton.
Hickman. It is strange we could not see the mutton as well as Sleet; he said I gave him 8d.; he stole 1s. from his mother's mantel piece.
Witness. I wanted to go to Coventry, and I took the shilling—I told my mother after I had got it.
Simpson. What books were they you stole? and were not your father and mother starving till your father came home from work? Witness. No; there were two or three more shillings, and half a pound of butter and some loaves.
(Hunt received a good character.)
PALLETT— GUILTY . Aged 19.— Confined Six Months.
SIMPSON— GUILTY . Aged 16.
HICKMAN— GUILTY . Aged 14.
Confined Three Months and Whipped.
HUNT— GUILTY . Aged 39.— Confined Twelve Months.
ARTHUR EDE . I live with my mother, Sarah Ede, in Buckingham-place, Fitzroy-square. She is a widow—on 31st Dec. I went into the kitchen, and missed a copper out of the brick-work—I had seen it safe two or three hours before—I went to the water-closet; the door was fastened—I forced it open and found both the prisoners there—Henley attempted to escape—I held one of the prisoners—my brother secured the other.
SARAH EDE . I am a widow. I was in my own room when my ✗ brought the prisoners up stairs—I went to the water-closet in a few minutes—I found this copper—it is mine, and this bed-tick also—I had seen it safe in the course of that afternoon—it was fixed to the brickwork.
Henley's Defence. I wanted to go to the wather-closet; I went, and this Young man came to me—the witness came and asked who was in there.
HENLEY— GUILTY . Aged 20.— Transported for Seven Years. HORNBUCKLE— GUILTY . Aged 13.— Confined Three Months.
512. WILLIAM GILKES , the younger, stealing 1 cornopean, value 3l. 10s.; 1 case, 10s.; 1 violin, 1l.; 1 bow, 5s.; 2 flutes, 2l. 5s.; 1 flute case, 5s.; and 2 handkerchiefs, 5s.; the goods of William Gilkes, the elder; and GEORGE STONE feloniously receiving the same: to which
GILKES pleaded GUILTY . Aged 14.— Confined Seven Days.
WILLIAM GILKES , the elder. The prisoner is my son. I am a musical instrument-maker, and live in Dartmouth-street, Westminster. On 13th Dec., about nine o'clock, I opened my shop, and missed from it a cornopean, two flutes, and two handkerchiefs from my parlour—I had seen the instruments safe at seven or eight o'clock the night before, and the handkerchiefs a few days previous, in a drawer of a chest of drawers—no person had been in the shop after I saw the instruments safe but myself and my son—my son went away and never returned—I have seen the cornopean, flutes, and violin—they are mine.
JOHN PORTSMOUTH (policeman, D 173.) I apprehended Gilkes from information—when I was going to search him he pulled out three duplicates for the cornopean, the flutes, and the handkerchief—he said they were all the tickets he had got—I took Stone into custody at his father's—I told him that Mr. Gilkes charged him with being concerned with his son in stealing those articles—he said Gilkes brought the things to him and told him that they were his own, and he went with him and pawned them.
JOHN WATSON . I am assistant to Mr. Tate, a pawnbroker. This cornopean was pawned by Stone, on 30th Dec.—I asked him whose it was—he said his brother's, and he brought it for his brother, to raise some money on it—no one was with him.
THOMAS BURTON . I am assistant to Mr. Aldous, a pawnbroker. I have a flute, pawned by Stone on 30th Dec., for 2s.—I asked him whether he had not had a new head made to it—he said he had—there was no one with him—I do not know whether any one was outside.
STONE— NOT GUILTY .
WILLIAM HOARE . I am a cooper, in York-street, Stepney, On Monday morning, 27th Dec., about three o'clock, I was going home—I saw Ann West in the Commercial-road—I went with her to 44, Baker-street, and went up stairs—she laid on the bed, but I did not go into bed—I took my coat off, but not my waistcoat—I had a silver watch in my waistcoat pocket, and a gold guard round my neck, and she forcibly took them from me—I was standing up at the time, but being a little in liquor I did not expect it—she ran at me, pulled the watch out of my pocket, and the guard-chain over my head—in endeavouring to escape, she upset the table and put the light out—she got out of the room, and out of the house—I followed her—I called for the police, but she was gone—this is my watch and guard.
Cross-examined by MR. PATNE. Q. Are you married? A. No; I was not so drunk that I could not find the door, but she put the light out—this is my writing to this deposition—(the witness's deposition being read, stated, "While I was in the act of * * * with her, she took my watch out of my waistcoat pocket and the guard off my head; we struggled together a few minutes; she had blown the candle out; I was in the dark, and being in liquor I could not find the door")—I did not give her the watch to keep till I give her some money—decidedly not—she took it by force—I have not said that I gave it her.
ELIZABETH BUTTERLAND . I keep a brothel, at 44, Baker-street. Ann West came there with the prosecutor—I got up and let them in—I went to bed again—I afterwards heard noise in their room like something falling down the stairs—it awoke me—I went half=way up stairs—I saw Ann West fall three or four stairs from the bottom—I said, "Ann, what is the matter?"—she instantly went out at the street door—the prosecutor followed her, calling for the police—the police instantly came in.
Cross-examined. Q. How long have you kept this brothel? A. About eighteen months—Ann West did not come back—I know 21, John-place—that is where her mother lives—Ann West came to my house occasionally—she did not live there.
THOMAS KELLY (policeman, H 119.) I went to 21, John-plact—I waited there till Ann West came in—I told her she was charged with stealing a watch and gold guard-chain from Mr. Hoare—she said she knew nothing about it, but the gentleman told her that he had lost his watch and chain—I took her to the station—she then said, if I would go with her she would give me the watch—I went with her towards her house, and on the way she said she gave it to her brother that morning, and told him not to part with it till she had seen him again—I went to the Pheasant public-house, and found James West in the tap-room—I told him I wanted the duplicate of the watch that his sister stole from Mr. Hoare—he put his hand in his pocket, and gave me this duplicate—he said he had spent the money—I brought him to the station, and in the morning I told him I had heard that he had not spent all the money—he said it was all right, and 3l. would be down in the morning—his mother came, and brought 3l.
Cross-examined. Q. Did he not say he had been drunk, and pawned the watch? A. yes—I have got the 3l.—I heard Ann West say the watch was given her by the man till he had got money to give her.
ANN WEST— GUILTY.—Recommended to mercy by the Prosecutor. — Confined three Months.
JAMES WEST— NOT GUILTY .
The prosecutrix's name being Storrs, the prisoners were ACQUITTED .
(Upon which no evidence was offered.)
NOT GUILTY .
516. EDWARD SHRIMPTON and WILLIAM MORGAN , breaking and entering the dwelling-house of Harriet Flowers, at Paddington, and stealing therein 3 beds, 8 blankets, 10 sheets, 2 chimney-glasses, 18 bottles of wine, and other articles, value 34l.; her property.
MR. PAYNE conducted the Prosecution.
HARRIET FLOWERS . I am a window. I keep the Prince of Wales public-house, in elizabeth-street, Pimlico—I took the house, 29, Westbourne-grove, Pimlico—I furnished it—there was wine, wearing-apparel, bedding, plate, lookingglasses, and other things—I had seen it all safe about six weeks previous to the loss—after the 10th Dec. my attention was called to the house—I found the plate gone, and all the valuable property, except the bedsteads—wine was gone, wearing-apparel, the looking wine and other things—it was mine—this feather-bed is mine.
Cross-examined by MR. BRIARLY. Q. You have never resided at that house yourself? A. No, I placed my own sister there and one of my children—they slept there sometimes—I Occasionally went there myself, and found everything safe—I was there six weeks previous to the robbery—latterly the house has been shut up altogether—I never slept there, but my own child did.
JAMES DEAN . I am gardener to Mr. Vale, a widow, who lives at 66, Queen's-road, Bayswater, not far from westbourne-grove. On Friday night, 10th Dec., I was at the garden-gate between half-past seved and eight o'clock—I saw Shrimpton with a box on his shoulder—he rested it on the railing about a moment and a half, and then put it down on the ground—it appeared to be of great weight—he then walked across the road very gently, and walked a few paces on the pavement—he kept turning and looking back—I suppose he saw Walker, the policeman, and he ran away—Walker came up a moment afterwards—I directed his attention to the box, and told him a man had just dropped it and ran away—just before Shrimpton lodged the box, another man had passed me that I could not swear to—I went to the station and saw the box opened—it contained twenty-two bottles of wine and other things—I was present when Shrimpton was in custody—there were three or four other persons there—I knew him directly—I had seen him three times before—on the Thursday before, just before it got dark, I went out of out garden-gate, and saw him walk past with another person—on the Monday I met him and some other person in the Harrow-road, between twelve and one o'clock in the day, and I had seen him about a month before, at the Royal Oak, in Bayswater—he was just outside—I had a dog with me—Shrimption came up to me, he said, "That is a nice dog"—he went to it, and I said, "He will bite you"—he was in liquor, and he said, "I will give him a topper with this"—he had a life-preserver—I have no doubt about his being the person.
Cross-examined by MR. BALLANTINE. Q. This occurred on the 10th Dec., and Shrimpton was taken on the 16th? A. Yes—he was dressed apparently the same on that occasion—I noticed his black whiskers, and that he had dark hair—on the night I saw him put the box on the wall he had a black hat on—I did not notice what sort of a hat—he had a long coat on—I was at the gate, within half-a-dozen yards of where he was—there was a gas light nearly opposite—I said to the officer,"A man has put this box down here and ran away," or words to that effect—the officer went back to look for the bed, and found it—when Shrimpton was putting the box on the wall I
had a side-view of him—I saw him cross the road towards the lamp, and when he turned round his face was towards me, and the lamp shone full on his face—I knew him when he had the box—I was certain of him afterwards when I saw him cross, and I have been certain of him since.
JOSEPH WALKER (police-sergeant, D 5.) On Friday night, 10th Dec., I was in Westbourne-grove, Bayswater—I stopped Morgan, carrying a feather—bed—I asked him where he brought it from—he said, "I have been taking care of a house in Westbourne-grove; the house is let, and I am obliged to move out; I will go back with you if you like"—I looked at it, and seeing the bed looked rather an old one, I let him go—when he had got eight or ten yards he threw down the bed and ran away, up the Queen's-road—I ran after him, but did not overtake him—as I was going along, Dean called my attention to this box—he was standing near it—Mr. Flowers has since seen it—I went back and took the bed—it has been identified by Mr. Flowers—on 29th Dec. I was at Mary-le-bone Pplice-court—Shrimpton had been bailed—I saw Morgan at the bottom of the court-yard—I recognised him as the man that had been carrying the bed—I went after him down the passage into Paradise-street—I lost sight of him—I went into a public-house, I believe the Queen's Arms, and found him in there drinking—he saw me, and walked out—I followed, and laid hold of his arm—I said, "I went you for a robbery in Westbourne-grove, Paddington"—he mado no answer—I then said, "I take you in custody for a robbery in Westbourne-grove, Paddington"—he turned and said, "Very well, you have got me"—he gave his address, 35, Union-street, Middlesex Hospital—I went there the same day—on the night he was carrying the bed, he had a brown cost on, and on going to 35, Union-street, I found this brown cost—I believe it is the coat he had on the night he was carrying the bed.
Cross-examined by MR. BRIARLY. Q. Morgan gave his correct address? A. Yes—I will swear the words he used were "Very well, you have got me"—I wrote them down in my book on the 29th—I think the coat Morgan had on was smallish.( The prisoner Morgan put on the brown coat which was produced by the officer—it was too small for him.)
JEMIMA GARRETT . I live with Mr. Williams, 39, Westbourne-grove. The house. No. 29. is right facing our's—on Friday evening, 10th Dec., there was a right at our bell about half-past seven—I went to the door and there was nobody there—I saw one man getting over the railing at Mr. Flowers' house, and two others over the railing on the footway—one of them had a box, another a bed, and the other a large bundle—I have no doubt that Morgan is the one that had the bed—I saw him quite plainly under the gas lamp—I saw his side-face—the three men went towards the Queen's-road—I am not able to the man that had the box—he was not very tall—neither of them were very tall—the man with the bed crossed over.
Cross-examined by MR. BRIARLY. Q. How far were you from Morgan. A. The width of the road, perhaps twenty steps across—there was a gas—light on the foot-path opposite, near the prosecutor's house—Morgan was not standing, he was in motion—he crossed over to the same side that I was—he walked straight down under the lamp—he walked very quickly—I would not swear to the others.
Q. Would you take on yourself to swear that Morgan was the man with the bed? A. I never saw one so much like him.
MR. PAYNE. Q. Did the gas-light enable you to see the man's side-face?
A. Yes; quite plainly—he crossed over to the side I was on, but lower down.
FREDERICK HART . I drive an omnibus. I know Morgan—On Friday evening, 10th Dec., I saw him at the corner of Porchester-terrace, about a quarter of a mile from the Qyeen's-road—that was the way to get an amnibus to come to two—I took him there—he had a large hamper, which I thought contained wine—there was a short person with him, not Shrimpton—it was between seven and eight o'clock, as near eight as possible—they had a bundle of bed clothes, which contained fire-irons—I heard it jingle when it was thrown on the omnibus—I had seen Morgan previous to that, at the Royal Oak—he sat next to me all the way from Porchester-terrace to Berner's-street, where he got down—I had a little conversation with him—he had a dark brown coat on like the one produced.
Cross-examined by MR. BALLANTINE. Q. The man with Morgan was a dark man? A. Yes; he had large black whiskers—I have known Shrimpton for the last months—I am certain it was not him.
Cross-examined by MR. BRIARLY. Q. How did the coat that Morgan had on fit him? A. He had not got it buttoned—it did not appear to me to be very large—he had my apron over his knees—I did not take particular notice of the coat—that was the first time I had carried him—I had known him about a month—my conductor carried him one night.
JOHN GILBERT . I am conductor of the omnibus which Gray drives. I was so on Friday, 10th Dec.—I saw Morgan and a short person with him—he had something with him which had the appearance of a bed, or bed-clothes and a hamper—I helped to put the things up and down—Morgan had gone by the omnibus once before to my knowledge, when I drove him—we put him down at Berner's s-street.
Cross-examined by MR. BRIARLY. Q. You carry a great many people? A. Yes; we go five times each day—we may carry from 100 to 150 people—my attention was called to this, a day or two afterwards, I was standing by the side of the omnibus by the Royal Oak, one of the police-sergeants came and asked, whether we had carried persons of such a description, and articles of such a description—I said, "Yes; on such a night we carried persons of such a description, and bed-clothes and a hamper"—he said, "Should you know the person?"—I said, "Yes;" and as soon as Morgan was brought in I recognised him as one of the persons who rode with me on that occasion.
ALFRED HUGHES (police-sergeant, D 13.) On 16th Dec. I saw Shrimpton at the Royal Oak—I went and fetched Dean—when Dean and I were coming along, I saw Shrimpton and another on Queen's-terrace—Dean went to them, and he came to me, and said, "That is the man"—we followed them to royalrow, and there Shrimpton's brother came, and said, "What is the matter?" or, "Is anything the matter?"—I was about to take him, and Dean said, "No, no; that is the man," pointing to Shrimpton—I told him I should take him on suspicion of stealing a bed, wine, and other articles, from 29, Westbourne grove—he said he knew nothing about it—he afterwards asked me, "When?" and I said, "Within the last six weeks."
Cross-examined by MR. BALLANTINE. Q. You were dodging about after him for some time? A. No; I saw him outside the royal Oak—I followed him—his brother crossed over to me—the prisoner turned back—he came from the footway into the road.
MR. BRIARLY called
PATRICK CLEMENT WALTERS . I live in Great Portland-street, and am a master-tailor. I know Morgan—he has been in my employ about six months—he has had goods if mine to a considerable amount—I have always considered him a steady, industrious youth—I am willing to take him again into my service—on Friday, 10th Dec., I went to his father's house—he worked at home with his father—I gave him coat to get ready to try on to a gentleman, at ten o'clock on Saturday morning—it was few minutes before five o'clock, or a few minutes after, on the Friday evening, when I took the coat—It was completed by ten o'clock the next morning, and was delivered to me—it was a job that would take time—it must have been done by working very late and vary early in the morning.
MR. PAYNE Q. How do recollect that it was on the 10th Dec.,? A. By referring to my beek when I heard of his being taken—his friends did not come for me to go before the Magistrate—I have not my book here—I have many coats made—his father lives in Union-street, Middlesex Hospital—I know the prisoner wears a dark coat—I do not know that there is any particular coat that he wears—I believe I have seen this coat about him (looking at it)—whenever I take work I enter it in my book—I saw the prisoner at what that evening, and his father; his brother was sitting down—his mother was in the room, and she lighted me down stairs—his father has worked for me twenty-two years—I employed him and the prisoner—his other brother is with the father, and I believe he is beginning to learn the trade.
COURT. Q. Would it require two men to do that coat? A. Yes, it is would—the prisoner was at work that night, and at work in the morning.
WILLIAM MORGAN . I am the prisoner's father a tailor, and live at 35, Union-street, middlesex Hospital. I recollect Mr. Walter coming to me on 10th Dec., with some work—I and my son did it, and George, who could do very little, because he had not been many months at it—the prisoner was at home all that day, and never was out that evening—he assisted me to get the work done—he went to work again in the morning—he was not out of the house till Saturday night.
MR. PAYNE. Q. What time did Mr. Walters come? A. I should think about five o'clock—I have seen Mr. Walters since, and we have talked about the time—I asked him if he recollected coming—I did not go before the Magistrate—I did not know of it when my son was taken up—he was taken on a Wednesday, and I heard of it on the Friday—I did not go to tell the Magistrate—I did not think it was of any use—when Mr. Walter came to my house, I was there, and my wife, my son, a brother if his, and two sister, and two little children—Mr. Walters could see the sisters, I suppose—I do not know what time we had tea, it was about half-past four o'clock or from that to five—I suppose George went to bed about-past nine from that to ten—we had bread and butter with our tea—I went to bed a little after ten I suppose—I might get up somewhere about six—the prisoner went to bed perhaps a few minutes before I did—he got up when I got up, when I called him—I should say we bad supper a little after nine—I forget what we had—the prisoner, and Maria, and George, and Elizabeth, and mother and me were all present at supper—we were all there except the two youngest—I sat by the fire—the prisoner sat on the corner of the bed—George sat by the fire—my wife sat on the other side of the fire—the girls sat on the bed—the
supper-table was alongside of the bed—I rather think we had sprats for supper, but I am not certain—we had porter to drink; I am sure of that—about seven o'clock I was at work at the coat—the prisoner was at work at the same time, sitting alongside of me on the floor—I always work on the floor—I know it was on Friday, 10th Dec., by the garment that I made—the book of my wages will soon tell that this was on friday, 10th Dec.,
COURT. Q. How were you paid, by the work you do? A. Yes.
MR. BRIARLY. Q. Do you affect to speak particularly about the time of having your meals? A. No; that is the time I generally have them—I think I worked later that night than I do generally—I usually have porter for supper and bread and butter for tea—I do not speak more particularly about that night than any other—I am nearly sure we had sprats—I did not know that I could interfere in the first instance about my son, or I would have done so—my master keeps the work-book—I am paid by the piece—six o'clock is not my usual time of rising—I was up early that morning.
MR. PAYNE. Q. What did you have for dinner that day? A. Beef-steak and potatoes—we dined about twelve o'clock, and drank tea about four or half-past—we had bread and butter and tea—we supped about nine—I had bread and butter—my husband had a hit of steak—I sat on my own side of the fire-place, and my husband, on the other side—George sat on the other side of my husband, the prisoner by the fireplace, and the girls sat on the side of the table—we all sat round—my husband went to bed before ten o'clock, and I think he got up between four and five—I was mending stockings from seven till eight o'clock that evening—I recollect it was on 10th Dec., because my husband had particular work which he was obliged to do—I heard that my son was charged with this offence on the 10th; we looked back to the work we had to do, and I know he was not out—I know it because we had work to do, and we knew what we wanted to do with the money—my son was taken on the 29th, but I recollect what occurred on the 12th, because I know we spay, we had been short before, and we had money to pay and we were saying we should be able to do it—we had a coat to do—we have not been talked about it—we said we knew that William could not be out—we knew he had work and could not have been out of doors.
MR. BRIARLY. Q. I suppose your recollection of what you had is not particularly strong? A. I know beef steak is what we often have, and if any is left we have it for supper—I was at home when Mr. Walter brought the coat—I think it was about five o'clock or between five and six—I cannot speak very particularly about what we had for supper.
MR. PAYNE. Q. Your boy keeps good company? A. Yes, he never keeps bad company—I know he was a companion of two young lads—I do not know their names—they not have been tried and transported—one of them lives in the next house to me—if he is an associate of thieves, I do not know it—my husband had been slack of work before this, but he has got work again—when my son had no work, he would go out, but not for many minutes—he would be in and out in the course of the day, but was always at home to his meals.
MR. PAYNE. Q. What did you for dinner that day? A. I cannot say—I know it was that day. because I noticed the work that was done that
day—my father was busy—he had more work than he usually had—I think we had tea between four and five o'clock—I cannot recollect what we had for supper—I sat at the table at supper time where I usually do—I suppose my father sat by the fire, where he always does—I cannot tell where George sat—I know it was on 10th Dec., because my father was busier than usual, and they were obliged to work late—my brother worked till nne, which is later than they do generally.
MR. BRIARLY. Q. I suppose you generally sit at your places at meals? A. Yes, we have got our places at table—after my brother got into trouble, we all began to talk about it.
MR. PAYNE. Q. Do you know Phillipson and Anderson? A. No; I never heard of the robbery in Baker-street—my brother was out for a holiday on the day he was taken—it was after Christmas—I do not know what he was taken for—he was taken at the Police-court.
(Morgan received a good character.)
SHRIMPTON— NOT GUILTY .
MORGAN— GUILTY . Aged 20.— Confined Twelve Months.
Before Mr. Recorder.
CATHARINE MAHON . The deceased was my son. He would have been seventeen years old on 28th Jan.—on 5th Nov. he had his supper, and went out between nine and ten o'clock—in a short time Caroline Meritt came and told me something—I went, and found him sitting in a chair at Mr. Reed's, at Plaistow—he was crying very much, and his face was swelling—there was a blow on the left side of his nose, across the cheek—we got him home—it was a very short distance—Hannah Reed put her hand under his arm, and I helped him also—he went to work next day, but the day after that he was getting very bad, he could not sit down; he had to lie on a bed—he went to work for eight days afterwards, bur complained every day when he came home—he could scarcely sit up—he had shown no illness before—he had no difficulty in walking, before 5th Nov.—after eight days he took to his bed and remained there till he died; spitting blood, and passing blood downwards—his work was going out with horses, and going on errands.
JOHN EVANS BEALE . I am a surgeon. I have heard the statement of Catharine Mahon—I think the kick which the deceased received in his side might have caused his death—any degree of violence would accelerate his death in the state I found his heart and body—I first saw him on 18th Nov., he was then suffering from fever and delirium—I was not informed until 21st that he had been ill-used—he complained of pain in his right side, and had a blister put there—he did not complain of his left breast till five days before his death—he died on 5th Dec.—I opened his body—there was an abscess as large as my fist on the right side of the chest, between the ribs and the lungs—it was full of purulent matter—there was inflammation of the heart, and a serous infusion into the pericardium—one of the lungs was healthy—the right one was inflamed—the intestines did not exhibit symptoms of inflammation—the immediate cause of death was the inflammation of the heart—fever
and inflammation would produce that—the boy was always healthy before—he was never well after he received the kick—a severe blow on the right side would, in my opinion, produce inflammation, and lead to the disease which ended in his death—a boy like that would be more likely to have inflammtion than an adult—he would suffer more readily from violence—there was nothing in what I discovered, to exclude the idea that death was caused by violence.
Cross-examined by MR. BALLANTINE. Q. Had you attended him before? A. I had been in the habit of seeing him—I had not examined the state of his health. but if he was ill his mother would have brought him to me—I have known him from a child—I dare say he may have been brought to me before, but I do not recollect it—I met him every day—I cannot say how recently I saw him before 5th Nov.—emoptis, is spitting of blood—sometimes there are signs before it comes on, and sometimes not—the abscess was in the pleura, not in the lung itself—it would affect the lung by its contiguity—there was no further affection of the lungs—the lung itself formed the wall of the abscess—I should say the abscess was recent, because the boy was in good health three weeks before—there was some appearance of blood about the motions of the bowels, but not to any very large extent—he did not expectorate much—I saw blood which he had spit—he died from effusion about the heart, which was produced by the extension of the inflammation from the side to the hear—the abscess did not burst, I opened it, and the matter flowed out—I attributed the inflammation about the heart to the abscess, which I consider the primary cause of all—the abscess was the result of the inflammation of the pleura—the pleura lines the lungs within the cavity—the abscess was recent, because, from the state of the matter, it was an active form of disease—it would not be slower in progression at first—I found no external blow, nothing to attract attention—there was no fracture of the ribs—they are very easily broken in a youth of that age.
HANNAH REED . I am wife of Thomas Reed. On 5th Nov. I was talking to the deceased at my door—the prisoner and his brother came by with a young girl—Caroline Merritt said to me, "That is the young girl your son James used to speak to"—I said to my daughter, "That is the young girl your brother used to speak to"—my daughter said, "Oh indeed!"—the prisoner went on a little way, turned back, and said, "What have you to of with that?"—the deceased had said nothing—he did not answer—the prisoner up with his hand and knocked him down—he got up; the prisoner knocked him down a second time, and kicked him—I went between them, and said, "You ought to be ashamed to bit a lad like that'—he gave me a push against the wall, and marked my leg—I took the boy home—he sat on a chair—I wished him good-night, and came away—I saw him several times afterwards—two days afterwards he complained of pain in his side, and said it was through the kick—I saw him on the Thursday before he died—he appeared uneasy—he showed me his side, and showed me where the blister had been—he appeared to think himself in danger—he said he knew he should die, he should not recover—I said I hoped not—he said, "Oh Mr. Reed! you know all about it"—he complained of his side, and said it was through Parker—he died on the Sunday.
Cross-examined. Q. Have you told us the whole truth? A. Yes; I got a push—I was not very angry—I did not name it to any one except my neighbours—I showed my leg to a good many people—I cannot say I was not angry—the deceased did not go after the prisoner, or call
him any names—I did not hear him call the prisoner a sn—y b—r; nothing of the kind—I never heard him make use of an oath in my life—I did not see the deceased kick him—I saw no resistance—before he could recover himself he was knocked down again—I did not see him strike—my husband is a seafaring man; I go out washing—the deceased was not drinking at my house—he was quite sober—he came from his mother's door straight to mine—the prisoner is much stouter than the decesed—he had no power to reaist him
MARTHA MARDLE . I lived a few doors off the deceased. On 5th Nov., between nine and ten o'clock, I was going to bed—I heard some one going by, heard words, opened the window, and saw the prisoner turn round to the deceased and say, "What have you to say?"—he said, "Nothing"—the prisoner said, "If you have, I will give you a clip on the head"—the deceased said, "Nothing, go on"—the prisoner up with his hand, hit him on one side of the face, and knocked him down in the road—I said, "You villain! if I was there you should not serve him so"—he got up and said, "Oh! you have kicked me"—the prisoner knocked him down again—he fell against Mr. Reed's door, and cried—Mr. Reed opened her door and parted them.
Cross-examined. Q. Did you hear the expression "b—r" used? A. No; I heard some words, but in opening my window I could not hear what the deceased said to the prisoner.
ELIZABETH TURNER . I was going past Mr. Reed's door with the prisoner and his brother—I saw the deceased standing with Mr. Reed and her daughter—as we passed, Mr. Reed said to me, "My James is not at home now"—I was acquainted with her son—the prisoner said, "What has your James to do with me?"—the deceased said, "Axe my b—y* * *"—I take a solemn oath he used that expression—the prisoner said, "What do you say?"—the deceased repeated almost the same words—the prisoner gave him an open-handed smack on the face—the deceased kicked him—the prisoner kicked him again—he was not slight, he was a stoutish young man—I do not know what he had to do with it, or why he interfered—I was keeping company with the prisoner, and had done so with Mr. Reed's son.
Q. Do you mean to swear deliberately that the deceased used those expressions? A. Indeed he did.
CAROLINE MERRITT . On 5th Nov. I was standing at Mr. Reed's door with her, her daughter, and the deceased—I saw Elizabeth Turner with the prisoner and his brother—as they were coming up, I said to Mr. Reed, "Here is the young girl that used to speak to your son James"—she turned to her daughter and said, "Here is the young girl that used to speak to your brother James"—Susan said, "Oh, indeed!"—the prisoner and Turner passed—he then turned back and said, "What have you to do with it?"—the deceased said, "Nothing, go on"—he said again, "What have you to do with it?"—the deceased said, "Nothing, go on"—he up with his hand and knocked him into the kennel—he got up again—the prisoner knocked him down a second time, and kicked him while down—on my oath the deceassed used no offensive expression to the prisoner—he struck him with his open hand the first time—I could not tell the second time whether it was a cuff or with the fist—on my oath he did not say, "Ae my * * *"—Mr. Reed took the deceased into her house, and sat him on a chair—he had not attempted to strike, or to return it in any way.
made answer to the girl, "My son James is not at home"—my brother said, "What odds if he is at home?"—the deceased said, "Go on"—he came out of Mr. Reed's, and called my brother a b—r—my brother said, "If you call me that again, I will give you a smack in the face"—he said it again—my brother gave him a smack, and the deceased kicked him on the legs—then my brother kicked him again, and they both fell.
GUILTY . Aged 23.— Confined Nine Months.
Before Edward Bullock, Esq.
THOMAS NICHOLLS . I am a baker, at High-street, Stratford. On Saturday night, 1st Jan., about half-past eleven o'clock, I was in my shop-parlour—a neighbour called out—I ran into the shop, and found the prisoner a little distance from the counter—Mr. Upton was at the door—he said, in the prisoner's presence, "This man has been at your till"—I laid hold of the prisoner, heard something drop, and saw a half-crown on the floor—I did not see him drop it—I pushed him back into the shop, and saw a half-crown slip from his sleeve—he said he merely came in for a halfpenny loaf—I found the till open to the full extent—I had been to it ten minutes or a quarter of an hour before—it was not locked—the key was in it—there might be five or six pounds of silver in it.
THOMAS ROSE . I am in the service of Mr. Upton, a butcher, of Chapel-place, Stratford. On Saturday night, 1st Jan., about half-past ten o'clock, I was passing Mr. Nicholls's window, and saw the prisoner with his hand in the till—I saw silver in his hand—I told my master—he went to Mr. Nicholls.
Prisoner's Defence. I went in for a halfpenny loaf; the butcher called out that I was at the till, but it is false; I stood in the middle of the shop.
GUILTY .* Aged 18.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 15.— Confined Seven Days and Whipped.
GEORGE EKINS CRANE . I am a builder, in Rawstorne-street, Clerkenwell. On 16th Sept., I went into the Old Ford-road—I saw two men that I had employed there—I missed a quantity of bricks—some men were described to me—I gave information to the police, and one of the men was taken a day or two afterwards—the prisoner had been employed to cart road-sand, for making lime and hair for plasterers—I do not know anything of him.
JAMES SAMUEL FOX . I am a bricklayer, in Orchard-row, Ball's Pond-road. I was at work at the building in the Old Ford-road, on 15th Sept.—the bricks were safe that morning—I went about eight that evening, and saw William and Samuel Fitch with a cart, loading Mr. Crane's bricks into it
from the stack—I asked what they were going to do with them—they made no answer—I stood a minute, and went away to my lodging, which was very nearly opposite—in about a quarter of an hour afterwards they came by with a load of bricks, going towards London.
Prisoner. I own I was at work on 15th Sept., for about four hours, with my brother; I left him, and went to work on the London and York Railway; my brother was to take Mr. Trewer some loads of sand, and he hired me as a man—I know nothing at all about the bricks. Witness. I swear I saw him do it.
GEORGE EKINS CRANE re-examined. I had not employed wither the prisoner or his brother to take away those bricks—they were in my care—they belonged to Mr. Trewer, who was out of town—I was responsible for them, and had to account for them—I was under a contract to build two house for Mr. Trewer—I was using these bricks for that purpose—I had several men employed there—I kept an account of the quantity as they came in, and I had to give a return of what was put on the ground.
THOMAS DAVEY . I live in Squirries-street, Bethnal-Green-road. I let a stable to the prisoner and his brother—on the evening of 15th Sept. I saw them and a third man with a horse and cart and a load of bricks, which appeared to me to be new—they left them in the cart in the yard all night, and the next morning they took them away.
GEORGE THREDGOLD . I lived in Warner-place, Hackney-road. On Thursday morning, 16th Sept., the prisoner and his brother came to my yard, and offered me a load of bricks for sale—I think they wanted 16s. for them—I cannot swear which of the two spoke, but they were both together—they represented them as a load of new stocks—I declined them, and they went away.
Prisoner's Defence. People thought I had absconded, but I was at work on the London and York Railway; my brother offered the bricks for sale, and he hired the stable; he had a horse and a cart and a man; I have no recollection of the man—I never saw him before that I know of.
RICHARD FITCH . I am the prisoner's father. I know he was working for his brother, drawing bricks from the same field as Mr. Baker, of Old Ford—Mr. Wells had these bricks of Mr. Baker, in exchange for horses he let him have—he sold the horses, and they could not pay the money, so they took bricks instead—he let us have them to sell, and take him the money back—the very day his happened I took Mr. Wells 5l. 15s.—all I know is, that they had power to sell bricks—whether they were Mr. Baker's, or whether they took them wrong, I am not able to say—they were employed in selling bricks, but they related to Mr. Wells and Mr. Baker, not to Mr. Trewer or Mr. Crane.
Prisoner. My brother was carting bricks from the field at the same time these bricks were missing, and they took my brother and we into custody; they swear wrong to say they saw me do it.
GEORGE EKINS CRANE re-examined. Mr. Baker's brick-field is about 100 yards from the building, on the opposite side of the way—the prisoner and his brother had never been employed on account of bricks, but merely to bring some dirt on the job—he made use of my name to get the second load
of drift, and I told Mr. Trewer I had not authorised him to do it, and Mr. Trewer stopped him from doing it—his brother knew perfectly well whose bricks these were—he had no business there—he went round a way that I had made—it was impossible for him to mistake—there were no bricks near there belonging to Mr. Baker.
Prisoner. Mr. Baker's brick-field is not twenty yards off. Witness. There is a brick-field near, but it is quite a different way to go to it—the road-sand was carried round to the back of the premises and shot on the ground—the man who shot it knew that it was Mr. Trewer's ground—I believe the prisoner had been employed by his brother, so that he would have the same means of knowing as his brother.
Prisoner. I hope you will be merciful to me; I have a wife and two small children; my brother is the oldest person.
GUILTY. Aged 21.—Recommended to mercy by the Jury. — Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
JOSEPH BENTON (policeman, K 381.) On Thursday evening, 23rd Dec., about half-past six o'clock. I was on duty at Stratford in plain clothes—I saw the prisoner in a marine-store dealer's shop, kept by Mr. Raynor, with a basket—he came out in one or two minutes with the basket—I went up to him, and asked what he had got there—he said, "Some brass"—I looked at it, and said, "This looks like railway brass"—he said yes, he found it, he picked it up by the works—I took the brass and basket, and walked beside him—before we got to Bow Police-station, I went to knock at a policeman's door, to get assistance to carry the brass—the prisoner gave me a push, threw me on one side, and ran away—I had talked to him going along, and had full opportunity of seeing his features—he told me where he worked—he had a blue or a black jacket on, and a black cap, greasy on the top—I did not see him again that evening—I went to the marine-store shop to make inquiries—on the following evening I went to the Stratford works—I saw the persons come to be paid—the prisoner came pretty well the last—I directly recognised him, and took hold of him—I have no doubt of his being the man.
Cross-examined by MR. PAYNE. Q. Is the road between the marinestore shop and your brother officer's dark road? A. Yes; but the gas was alight, and the shops were lighted up—it is about a quarter of a mile from the shop to the officer's—I was at the railroad the next morning, in plain clothes—I sweat the prisoner did not pass me—I am certain he was not there—I would be certain, if half a dozen people were to say he was—he might have passed me at a distance, but not so as I could see him—he was admitted to bail by the Magistrate, and has surrendered to-day—there witnesses swore he was at home at the time I state he was at the shop—it was after they had sworn he was not there that the Magistrate admitted him to bail—I have been here a good many times as a witness—I do not know how many times I have sworn against a prisoner, and the Jury have not believed me—the prisoners against whom I have appeared have not all been convicted—I never was refused my expenses but once, and then I got them afterwards—it was because I did not remember the day of the month—I was a witness against a woman named Griffiths, for stealing a piece of pork—she was acquitted—I swore that she offered me 5s.
to let her go—she was acquitted, on account of the gentleman behind you giving her a good character—I was not refused my expenses.
Q. Did you swear before the Jury that she voluntarily told you that she would give you 5s. if you would speak to the prosecutor to get her off? A. It was something of that kind—I cannot say exactly whether I told the Jury that—I know she offered me 5s.—I cannot say rightly whether I told the Jury that she offered me 5s. to speak to the prosecutor to get her off—this is my signature to this deposition—(read—"The prisoner voluntarily said to me that she would give me 5s. if I would speak to Mr. Barnes to get her off.")
Q. Did you say one word before the Jury about her having offered you 5s.? A. I have every reason to believe I did—the boy, Henry Lambert, was not with me when she stated that—he was with me some part of the way—I had not told him to say the woman said it to me—I will be on my oath I did not—I do not know whether the boy said so before the Magistrate—I have lived with my wife, at Stratford, ever since I have been married—I know a person of the name of Norris—I have never had a child by her since I have been married—I will swear I never lived with her—I never parted with my wife, and went to live with Norris, and had one or two children by her, I cannot tell how such a thing could be supposed—I did not take Mr. Rayner before the Magistrate, she came afterwards—I did not say, "That is the man; that is the man"—I asked her if she saw the man there—Greenwood told me he lived in the same house as the prisoner—I do not know whether the other witnesses do—I heard the others give their evidence—I swear the prisoner did not pass me on the morning of the next day, so as I could see him—I did not shut my eyes—I will swear the prisoner is the man who went into the marine-store dealer's at half-past six o'clock.
MR. BALLANTINE. Q. You were a witness against a woman for stealing a piece of pork? A. Yes; and the person behind, was a witness to her character—he was bail for that prisoner, and for this prisoner—what he is I do not know—I have heard that he sold watches and clocks—there is not a word of truth in the story of this Norris—I never left my wife one day—I have buried seven children, and I have two living—I lived with Mr. Cook, of Budge-row, and my master got me the place in the police, where I have been eight years.
RACHEL RAYNER . I am a marine-store dealer. On 23rd Dec., about half-past six o'clock in the evening, a young man, about the prisoner's height, brought some brass—he had a blue or black jacket on, and a cap, either greasy or shiny at the top, and his hair curled behind—I did not get up, as I had a sick child in my arms—I saw the prisoner the next day at the Court—I was very much excited—I did not buy the brass, my servant answered him—I said, "We don't buy such metal; I think it is railroad brass"
Cross-examined. Q. You do not swear to him? A. No; I went to the Swan—I saw Benton there—he asked me if I saw the person—I said, "No"—he did not point him out—I believe the prisoner is the man that was at the Swan.
MARY ANN BURTON . I live with Mr. Raynor. I was in the shop when the person came in with what I thought was railway metal—I did not take notice of him—he had on a black or blue jacket and a shiny cap.
JAMES NELSON . I am a labourer, on the Eastern Counties Railway. On Friday morning, 24th Dec., the prisoner came on to work at six o'clock, and remained till about half-past six—he left me then—his proper time for leaving was eight o'clock—he did not come again on that day—before he left, he told me he was going to London to get a parcel for his sister, and asked me, if
they paid in the morning, to take his pay for him, in case he should not be back soon enough—we were paid at half-past four o'clock in the evening—I had not seen him in the interval—I asked for his wages, and they told me he was to fetch his own money—I went to his house, and said so—when at work, he was dressed in a sloo and a blue cap—I have never seen him off work.
Cross-examined. Q. You were not before the Magistrate? A. No; Benton came to me last Tuesday morning—he asked me what time Grant left—there are a good many labourers in the employ of the railway company, who when I came to work, at six o'clock.
JOHN RANKINE . This brass is brass used by the Eastern Counties Railway Company—I have only know the prisoner since this happened—he worked at any part of the premises—all the persons working there would have access to it—it is the gland of a pump.
MR. PAYNE called
WILLIAM GREENWOOD . I am an engineer on the Eastern Counties Railway—I live at 5, Hudson New Town, Stratford—the prisoner lives in the same house, and Poulton also. On Thursday, 23rd Dec., we rung off work at half-past five o'clock in the afternoon—I went directly home—I found the prisoner at the tea-table, and Mr. Grant and the sister-in-law, whom they keep as a servant—the prisoner keeps the house—I remained at home from half-past five till twenty-five minutes to eight—the prisoner went to bed about half-past seven—I did not see him afterwards.
MR. BALLANTISE. Q. How far is this place from the railway-station? A. A hundred and fifty or two hundred yards—I do not know the marinestore dealer—I heard the next morning that these things were taken there—I made no inquiries, I thought it did not concern me—I do not know where Mr. Rayner's is—if the prisoner had slipped out that evening I should have seen it—I swear he did not leave the room from half-past five till half-past seven—he then retired to his bed-room—nothing particular made me notice him—we were having our tea and talking—I was smoking—the prisoner's wife might put in a word or two—I do not remember seeing this basket, except at the Swan—I have not seen such a basket at our house, to my knowledge—I never noticed any particularly—I have seen baskets throwing about in the kitchen—I do not remember seeing one of this kind—there was a small one and a large one—the small one has got two lids to it—I cannot tell whether the large one was like this—I used the little one of take to market—I have seen the large one several times since the prisoner as been apprehended, throwing about in different parts of the kitchen—I have seen the same baskets that I had seen before—I have never missed any—I swear I have seen all the baskets I saw before persons have brought them out, and talked about them—I cannot tell exactly who—the servant may have done so—sometimes Mr. Grant brought them out—she has said, "There is our basket, which they wanted to swear to"—she did not tell it me, but to the other persons in the house—Poulton and Reynolds were there, and there might be a neighbour woman—I have never heard her state it to Poulton and the Reynolds—I do not know whether they were present—the servant was—I dare say Poulton was not in the house at the time—I cannot swear he was not—Mr. Grant might have talked about the baskets once or twice in a week—Benton had called my attention to the basket—I did not tell him I had seen one exactly like this produced in the house—I
did not tell him there was one hanging up that I had missed, or that I had missed one, or anything to convey such an idea—I told him in marketing I had a small basket out with me—he said, "At the same time you took that down did you miss one?"—I said, "I don't remember; you had better ascertain that of the mistress; they may be about the room"—he said, "You know the basket; it is no use; and if you will come and swear to this basket you will lose nothing by it"—I said, "No, Benton, I won't do any such thing"—I thought it a very unjust thing to swear what I did not know—I od course refused it, being an untruth—I would not say a word untrue if I knew it.
MR. PAYNE. Q. Are you any relation to the prisoner? A. No; I was always an engineer—I was apprenticed to it—Benton said if I swore to the basket I should not be a loser by it—he was searching the house—he said he would show me the basket the next day—he did not bring it—it is not true that I told him I had missed a particular basket like this.
COURT. Q. How could Benton ask you to come and swear to this, if no such basket was there? A. he basket we were talking about, I understood him in that way—we had not a basket there—he wanted me to come and swear to a basket by giving different shapes with his hands—I was to swear to a basket I had not seen—that proposal was made to me in my room—no one was in hearing—there is no one to confirm me in that—I asked whether he was positive that was the man—he said, "Yes"—I said, "I am very sorry it happened where I lodge; but as far as I can speak to his character, I believe he is an honest, upright man"—he said, 'As to that, if I had not taken somebody I should have been discharged"—there was no one present—it was in the same room, and at the same time, when he invited me to commit perjury—it was all in the same conversation—I speak the truth—I am the Company's servant—I have interest in it whatever.
ALFRED POULTON . I am an engine-driver on the Eastern Counties Railway, and have been so about years and a half—I was before that on the Dover Railway for three years and a half, and on the Brighton line before that—I have not my testimonials here—the one from the Dover Company is at the Eastern Countries'—I cannot say whether they have the Brighton one—they do not take people unless they are satisfied with their character—I live in the same house that Grant lives in. On Thursday, the day but one before Christmas-day, I left the railway, from five to half-past five o'clock—I went to a beer-shop, and remained there till nearly six—I then went with a friend to the railway-bridge—I left the bridge at two minutes to six, to go to Stratford, where Grant lives—I should say it is a quarter of a mile—I did not notice my watch when I got in—it is not my watch, it is the Company's watch—I suppose I was about ten minutes past six—I remained there till twenty minutes past seven—the prisoner was there all the time, to the best of my recollection—I did not go out, with the exception that I went into the room to get my leggings, and to wash my hands—I left the prisoner in the room when I went out, and found him there when I came back—I was not away five minutes.
MR. BALLANTINE. Q. Had they tea? A. They had done tea when I got there—I was sitting and smoking—Greenwood was sitting with his head on his hand—I cannot tell how long he continued so—I did not notice-him—I cannot say what he was looking at—the fire was on his right—I believe he was looking towards the door—I cannot say whether he was smoking, I know he smokes sometimes—I sat and put the leggings on by the fire—I had to be on the railway again at half-past seven—the prisoner could have
gone out of the house door, because I was away five minutes—he was in the house and in the room all the rest of the time—I was not noticing him, but I could not be in the room and not see whether he went out—I could not have my eyes on him all the time—I know he did not go out of the room—I was putting my leggings on and talking—I cannot say that ever I saw a basket like this—I do not notice baskets much—I am not one to see much at home—I cannot say that ever I saw a basket like this at the house, I never noticed one—there are baskets there—Mr. Grant has not spoken to me about a basket—I do not know that the man who was found trying to sell this brass had it in a basket—I never heard a word at the house about a basket—I never interfere in domestic matters.
MR. PAYNE. Q. Do you know Grant's son-in-law? A. No; I have been only ten weeks lodging in the house—a man could not have gone out of the house, and one some distance and come back without my noticing him while I was there, it might have been before or after.
COURT. Q. You don't know Mr. Rayner's house? A. No; I do not know its distance from the prisoner's—I had not noticed the baskets that were there—all that I heard about a basket was from the policeman—I heard him ask Greenwood whether he could swear to that basket that was in the Police-court—there was a basket on the floor, or close by against the table—I do not know whether he inquired if he had seen this basket at the house—he said, "You can swear to the basket?"—Greenwood said "No"—I believe that was the word, but I cannot speak positively to the word—he did not ask me about it—I cannot say when I heard that the prisoner was charged with this offence, but it was rumoured amongst the men—they said, when I came in with my train, "Do you lodge at Grant's?"—I said, "Yes"—that was on Saturday morning, the 25th Dec.—I was at Wisbeach on the 24th—I heard on Christmas morning tha Grant was charged with this offence on the Thursday night, the night I went away with my engine—they said, "The policeman says it was at half-past six o'clock"—I said, "He could not have taken him at that time because he was in the house"—I can fix on that Thursday night as being the time, because I left that night at a quarter-past nine, and did not return till Saturday—I am not there on Wednesdays—they said he was taken the night I left—I am tied to time so closely, I know I was exact to time—if it occurred at all, it must have been before six or after twenty minutes past seven.
RACHEL RAYNER re-examined. Q. Can you speak at all to the time this occured at your shop? A. About half-past six—Benton came to me, and asked if I knew the time the prisoner was in the shop—I said, as near as I could guess, half-past six—we were often inquiring about the time, to put the children to bed—I had not put any of the children to bed, in consequence of my baby being ill—she had had fits that day—we have a time-piece on the mantel-piece, but it was not going—it was about half-past six—we can sometimes hear Stratford clock—there us one railway-station directly opposite our house, which would take me a quarter of an hour to walk to; and there is another that I could go to in five minutes—I know Hudson New Town—the prisoner lives at nearly the last house in it—that is about a quarter of an hour's walk from my house.
MARY REYNOLDS . I live in the prisoner's house—I am a relation of Mr. Grant. On Thursday evening, the day but one before Christmas-day, Mr. Grant came home about half-past five, and went to bed at half-past seven—he was not out of the house from half-past five to half-past seven—he could not have gone twenty minutes walk and back again.
MR. BALLANTINE. Q. Were you in the room all the time? A. Yes; I was sewing—Greenwood was there, he sat with his elbow on the chair dozing—he did not call for pipes—he did not smoke at all that evening—I go to market and know all the baskets—they are not knocking about, they hang up in the kitchen—I have never seen a basket like this hanging up—I have never seen this before—I have never been asked any questions about any baskets—Mr. Grant as never told me it was one of those in the kitchen—we have one basket almost like this—I have cleaned it out—nothing was said to me about it.
COURT. Q. Do the men come back and take their meals? A. Yes; they always have their meals in the house—they come back twice a day; to breakfast at half-past eight, and to dinner at half-past two.
MR. BALLANTINE. Q. Do you remember the prisoner going to work on Friday, the next morning? A. Yes, at six o'clock—he came back at eight—he did not go to work again—he and his wife went to London—I do not know what time Poulton came in on the Thursday—he did not do anything, only got himself ready to go on the engine—I do not know how long he was there—he was in the room all the time—he did not go to wash himself—I am sure, from the time he came in he did not go out till he went to his engine—he only went to get his clothes out of his bed-room just before he went away; that was nearly seven o'clock.
COURT, Q. How came you to recollect what each of these three persons was doing in the room, was there any thing to draw your attention? A. No; there was no conversation that made me remember it—when the prisoner came in on that Thursday evening, he had his corded trowsers on, and a white slop—his cap had been blue, but was rather greasy—when he went to London he was dressed the same as he is now.
MR. PAYNE. Q. Does Poulton go to change his leggings? A. Yes; he went to get his clothes—he did not wash his hands, because he had nothing to wash them in in the bed-room—he washes his hands in the kitchen, but he did not go into the kitchen—I got his things out of the kitchen myself—the prisoner comes from Barton, near Cambridge—he kept a public-house there and failed.
JOHN MAYNARD . I am an apprentice on the railway. On Friday morning, the day before Christmas day, the prisoner came to work—I saw Benton the policeman there, in plain clothes—the prisoner passed him about five minutes before six—Benton was standing by the side of the engine, by the time-keeper's office—there is a gas-light over the board where the names of the drivers are—the prisoner went near enough for the policeman to see him—there were no men there but the policeman and the prisoner—th prisoner was putting his check in the box at the time-keeper's office—he was not inside the office—the place you put the check through is outside, but the box is inside—the face of the person putting the check in would be towards the box, but when the prisoner turned, the policeman could see him—he was within a yard of him—there were no other persons there at that time—it was about a minute before any others came—I do not know whether any others had been before—I was putting a check in at the same time—I had come with the prisoner—I met him coming through the great gates.
MR. BALLANTINE. Q. What does putting the check in mean? A. That the person is there at work that morning—I know the policeman, I had seen him in Stratford—I spoke to the prisoner and said, "Do you see that policeman standing there"—he turned round and said, "Where?"—I said, "There he stands"—he said, "That is not a policeman," he thought it was
a person come to look after work—the prisoner away in about three minutes, he went across the train-table, and went to his work, I suppose
COURT. Q. What made you address the prisoner and say, "That is a policeman?" A. Because there was no one else there that I knew—if there had been I should have said the same to them—I wanted to know what the policeman was after, so I told the prisoner he was a policeman.
JOSEPH BENTON re-examined. I know Greenwood by sight—I went to the house on Friday evening to make inquiries, and he asked me to come in his bed-room, because he did not want Mr. Grant to hear what he said—he told me that on Thursday evening he went home and had his tea, and went out directly after—I did not say to him,"If you will come and swear to this basket you shall lose nothing by it"—nor words to that effect—I never thought of such a thing—I did not say, "If I had not taken some one I should have been discharged"—I asked if he knew a basket, and told him what shape it was—he said, "there was just such a basket banging up, and I have missed the basket."
MR. PAYNE. Q. Will you swear you were not within a yard of the prisoner on the Friday morning, at the time he put his ticket in the timekeeper's box? A. Yes, I will—I did not see the man put the ticket in the box—I saw the boy come up—I will swear I never saw the prisoner with him—I will swear the prisoner did not put a ticket in that morning while I was there.
JAMES NELSON re-examined. The prisoner left me at half-past six o'clock on the morning of 24th Dec.—I do not know that he went home then—he might have gone over to the other shed—he told me he was going to London, to get a parcel to take to Cambridge on the following day, and he asked me to take his money—it was supposed they would pay in the morning—he said he would be back by the afternoon if they paid then—he was lighting the fire where we were at work—when he had said that, I saw no more of him.
Before Mr. Justice Patteson.
GUILTY . Aged 29.— Confined One Year.
Before Edward Bullock, Esq.
GUILTY of a Assault. Aged 45.— Confined Twelve Months.
Before Mr. Justice Patteson.
MR. BODKIN conducted the Prosecution
(MR. BODKIN. in opening the case. stated that the injury here caused was an internal one, and that no external would was inflicted. MR. JUSTICE PATRESON was of opinion, that this would not amount to a felonious wounding, to constitute which, within the meaning of the Act of Parliament, there must be a breaking of the outer skin. MR. PARRY, for the prisoner, expressed his willingness to plead guilty to an assault; but MR. JUSTICE PATTESON considered, that although the Jury might find that verdict, yet the prisoner could not plead guilty to an offence not charged in the indictment.)
ELIZABETH CONNER . I am the wife of Luke connor, a labourer, at Deptford. In Nov. last I had a sister, named Johanna, in a hospital in London—I went to see her, accompanied by a married sister named Julia—we returned in the evening, and went into the Noah's Ark public-house, between eight and nine o'clock, to get some refreshment—my sister had a child with her—we went into the tap-room, intending to have a pint of beer, but we had not time to call for anything—a lodger of my sister's was there, and he told her to bring her child to him, and he would have a kiss at him—she went over to him for that purpose—the prisoner came in out of the yard while she was talking to the man, and said had no business to go over to his companion—there was no dispute, that I know of, between my sister and the other man before the prisoner came in—he and another man owed her some money, and she said it was worse than highway robbery, because they did not pay her—the prisoner came in then, and said she had no business to come to interrupt his company—she said she did not speak to him; that she was speaking to the two men that owed her money, and let them answer for themselves—he called her a wh—; I made over to him, and asked him what he had called my sister such a name for—he said I was no better myself, and if I did not leave he would knock my b—y eye out—I took up my umbrella and made a knock or two at him, but never hit him—I am quite certain I never touched him—I then turned away from him, for fear of his hitting me, and he hit me three or four blows on the head—I turned down, and put my hands to my face to save it from being disfigured, and he gave me a most unmerciful kick on the right side of my* * *—my back was towards him—I held up for one or two moments, and then dropped quite insensible—I was taken home on a stretcher, blood came from where the kick was, and I fainted away—I was confined in consequence of the kick, and am now very weak indeed—Mr. Dowling attended me.
Cross-examined by MR. PARRY. Q. He called your sister that name, not you? A. Yes; I did not know him before that day—he was sitting in the same box with the other men—I do not know whether they were friends of his—he was not drunk that I know of—I beg for mercy for him.
GUILTY of an Assault. Aged 27.— Confined Four Months.
Before Edward Bullock, Esq.
JAMES STEWART . I am a Greenwich pensioner. On 29th Dec. I met the prisoner at the Royal Hospital public-house at Greenwich—I told him I wanted a bed—he said he would get me a respected bed—I went with him to an eating-house—there was another college man with him, and two females—I proposed paying for five plates of soup, but I could not—I put my hand in my pocket to get my money and missed my purse—it was safe when I left the Royal Hospital public-house—we had walked from there to
the eating-house, which might take about a quarter of an hour—it was a little after ten o'clock at night—I had been drinking, but was quite collected—I had in my purse half a sovereign, two half-crowns, and a shilling—this is i—I had bought it in Cheapside the day before—I can almost swear to it—it is very like the one I lost.
GEORGE GOOD (police-sergeant, R 2.) Between eleven ad twelve o'clock on the night of 29th Dec., I heard an altercation between the prosecutor and the prisoner—I went in, and asked what was the matter—the prosecutor said he had been robbed by the prisoner—a policeman was there, and the prisoner was showing the policeman his cap, and that he had got nothing about him—I took the cap, and felt this purse round the edge of it—I sent the prisoner to the station, and found in his left shoe this half-sovereign, and in his right shoe these two half-crowas.
Prisoner's Defence. He asked if I could get him a lodging; I said, "Yes;" I came back to the left side of the College with him; they said, "Are you going to have something to eat?" we went in, and had soup; I paid 2d. for my soup, and came out; I went in again, and he was saying he had lost his money; how I came by the purse I do not know, no further than I had the cap off my head, and laid it down by the side; I di not sit by him; two prostitutes and another man sat by him; he was rather the worse for liquor.
GUILTY . Aged 19.— Confined Six Months.
527. HANNAH LOMAS , stealing 1 gown, value 1l.; 2 shawls, 1l.; 1 boa, 10s.; I petticoat, 2s.; 1 pair of stockings, 1s.; 1 pair of stays, 5s.; 1 bonnet, 5s.; 1 sovereign, 1 half-sovereign, and 2 half-crowns; the property of Joseph Kinsey.
OLIVE KINSEY . I am the wife of Joseph Kinsey—we live in Charles-street, Woolwich—the prisoner is my sister—I took her into my house, as she was in great distress, about a fortnight all but two days before she robbed me. On 20th Dec. I had a sovereign, two half-sovereigns, and five shillings in my little work-box on the drawers in my bed-room—the box was not locked—about one o'clock I went the back way into my bed-room, and saw the drawers open—I looked, and missed a new dress that I had never had on, from the bottom drawer, a white petticoat, a shawl, a boa, and some stockings from my bed-room—I missed all the articles and the money from the box—I had seen the whole safe the same morning—the prisoner was then gone.
Cross-examined by MR. PAYNE. Q. Which of you is the eldest? A. I am—my husband is a sergeant in the Royal Marines—I had had no quarrel with the prisoner on the Sunday about spilling a cup of tea—a cup of tea was spilt, and I told her she ought to know better, and not be so careless—it was not accompanied with a slap—I have hit her—I never gave her any black eyes—I have no father or mother living—I have brothers, and other sisters—the prisoner is the youngest—she was brought up by her grandmother at Chesterfield, and her grandmother was obliged to put her in the Union, on account of her bad conduct—what she took from me were only articles of female clothing—she had sufficient clothes without stealing any—there were not several sovereigns in the box, only one—I had none left—the prisoner had a bonnet of her own the last time she left Woolwich.
asked if she had a sister living in Woolwich—she said, "No"—I asked how long it was since she lived in Woolwich; she said, "About two years"—on the way to the station she said she sold the dress to a person in the street, whom she did not know; that the shawls, the boa, and the money she took from her sister, and the other things her sister gave her.
Cross-examined. Q. You say to-day that you asked her if her name was Spencer, and she said, "No?" A. If I said so it was a mistake of mine—I asked what her name was, and she said, "Spencer"—I have been eight years in the police—I was never refused my expenses—I have never been reprimanded for asking questions, I have been complimented for it—you complimented me on one occasion, when I took three housebreakers—I told the prisoner the charge against her, and then she said her sister said more against her than was true; and then she told me part of the things she gave her, and the others she took from her sister—she did not say she stole any things, but that she took them.
ROBERT BRANFORD (police-sergeant, M 12.) I went with Gladwin where the prisoner was taken—I asked her for an old shawl that she was in the habit of wearing—she said she had not got one—she afterwards produced one from the back room, and afterwards two shawls, a bonnet, a petticoat, stockings, and ribbon—these are the articles.
Prisoner's Defence. My sister gave me tha things that I took; she bought the stays for me, and I put them on.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 15.— Confined Three Months.
MR. PRENDERGAST conducted the Prosecution.
ADAM GLENDINNING . I am a flour-dealer and wharfinger, at Bermondsey. On 24th Dec., between five and six o'clock, I received information, went to one of my warehouses, and missed three bushels of flour and a sack—I saw three bushes of flour of the same description at the station, and a sack with my name and address on it.
WILLIAM ROE . I am a carpenter. On 24th Dec., between five and six o'clock, I was employed at Mr. Glendinning's—I went to the counting-house, and found Mr. Glendinning was not there—I returned to the sash-door, and saw the prisoner—I close it gradually, and saw him enter the warehouse, and look about him—in two or three minutes he came out with a sack of flour on his back—I called to him to put it down—he went on faster—I caught hold of the corner of the sack—he tried to throe it upon me, and ran towards Bermondsey-wall—I stopped him at the corner of East-lane—he tried to throe me over, and to hit me with his left hand—I secured him—a
policeman came, and took him to where he had thrown the flour—I never lost sight of him—I have known him a dozen years—he said, "John Roe, let me go!"
Prisoner. Q. Did not I say, "Let me go, I know nothing at all about it?" A. No.
THOMAS TODD (policeman, 201.) The prisoner was given into my charge by Roe—I found the sack in a street at the back of Mr. Glendinning's—it was the sack Mr. Glendinning saw—I took it and the prisoner to the station.
Prisoner's Defence. I was coming by, and heard a cry of "Stop thief!" I stopped, and he caught hold of me; I said I was innocent.
--------(policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted July, 1847, and confined four months)—he is the person.
GUILTY .** Aged 22.— Confined One Year.
Before Edward Bullock, Esq.
530. WILLIAM BURROWS , burglariously breaking and entering the dwelling-house of William Bridges, in the night of 13th Dec., at St. Saviour's, Southwark, and stealing therein I accordion, value 13s.; and 3 pence; his property; to which he pleaded
GUILTY . Aged 17.— Transported for Seven Years.
Before Mr. Justice Patteson.
531. JAMES SPANS WICK , burglariously breaking and entering the dwelling-house of Alfred Newman, in the night of 15th Dec., and stealing therein 5 shirts, 15 napkins, 4 bed gowns, and other articles, value 12s.; his goods.
MR. BRIARLY conducted the Prosecution.
ALFRED NEWMAN . I am a broker, at Missionary-place, in the parish of St. Mary, Newington. On 15th Dec., between ten and eleven at night, I fastened up my premises—I fastened the wash-house door with two middle bolts and a bar across the bottom—that door leads to Missionary-place—I saw a basket of clothes safe on the copper, five or six yards from the door—I fastened the door leading from the wash-house into the parlour, you go from one to the other without going into the yard—I was awoke at half-past one by a knocking at the door—I went down, and was answered by Castleton—I opened the door, and saw him with the prisoner in custody—I afterwards saw my basket and clothes—these are them (produced)—they were in the wash-house the night before.
Cross-examined by MR. PAYNE. Q. What are you? A. A broker and marine-store dealer—the copper had been taken away two days before—the basket was on the brick-work—I had a goat there—it could not butt at the wash-house door, it was two yards from the door—it was not there for sale, so that persons could see it as they passed—I do not live there now—I knew the prisoner by sight—the wash-house door was not broken in any way—the house is now occupied, just in the same state—my wife does not take in washing.
JAMES CASTLETON (policeman, P 33.) On 16th Dec., about half-past one, I was at the corner of Nursery-row, Missionary-place, and heard a rustling, and saw the prisoner coming over the sill of Mr. Newman's wash-house door, which was open—I took him in charge—he said, "I was only passing, and
saw the door open"—in a few minutes he said, "You have got me at last, but you have not got me to rights now; you were always on to me when you were on New-street beat"—it was very dark—I had my lamp—I turned it on into the wash-house, and saw the basket containing the linen, about a foot inside the door—the door could not be closed while it was there—Hall was passing—I knew him to be a respectable young man—I asked him to take my lamp into the wash-house, and look if there was any one else there—Hall was not there when I first saw the prisoner—Kirby came up in four or five minutes—I alarmed Mr. Newman—I took the prisoner to the inspector, returned, and found the lower panel of the wash-house door nearly out—this is it (produced)—one bolt was off the door—the other was drawn, but not forced—the iron bar was lying on the ground, inside.
Cross-examined. Q. He said, "You have not got me to rights;" did not he say, "You never let me have any peace?" A. Yes; I do not know what he meant—I used not to take down the time he came home at night—I do not know that he was engaged at the Surrey Theatre when he came home late—he was never in custody, or accused of any offence, that I know of—I took notice of the time he came home, because I knew him to be the associate of Howard, Phillips, and Kidd, convicted thieves—I did not know him when he was an apprentice, or when he carried on business at Walworth—I do not know that he employed two men at Walworth, and was oblged to give up his business—I did not tell him I would try and do what I could to lag him—he said all along he was not inside the place, but merely went to look, the door being open—Hall had to step over the basket to get into the wash-house—the prisoner was nearer to me than the basket—when I went in to examine, I saw a goat there.
THOMAS HALL . I am a shoemaker, at Brandon-street, Walworth. On 16th Dec., about half-past one in the morning, I was coming down Barndon-street, and saw Castleton's bull's-eye shining for a minute and a half before I came up to him—he said, "Have the kindness to take my bull's-eye and search the place, and see if there is any one else in there"—I did so, and saw a basket of clothes about a foot inside the doorway—the door was open—I did not notice the fastenings—there was no one there.
Cross-examined. Q. What were you doing out at that time? A. I had been to the theatre—I knew Castleton—it is very seldom I come across him of a night—he and the prisoner were outside the street door when I came up, not the wash-house door—the street door is about a yard from the wash-house door—they both open into Missionary-place.
JAMES KIRBY (policeman, P 126.) I was coming down York-street—Castleton called me—he had the prisoner in charge—he said, "You have got me at last, but you have not got me to rights now"—I saw a basket about a foot inside the threshold—the door is six yards from the copper.
NOT GUILTY .
Before Edward Bullock, Esq.
ELKAM SALOMONS (through an interpreter.) I am a traveller and liceneed hawker, living in the Waterloo-road. I deal in jewellery, and sell it about the country—I have known the prisoner for years in my own country—I have not been long in England—in September or October he came to my lodging in John-street, Waterlooo-road, and said, "I heard you were in London,
and knew you did not know the language; I will assist you as interpreter in travelling; we will assist one another"—he did not tell me in what position in life he was, or how he was off—did not know—I did not make any agreement with him—we travelled together—the goods were all my own—the prisoner did not put any money into the concern—he was to go with me to sell the goods, as he can speak English and I cannot—if there was a surplus of 1l., I gave him sometimes 5s., sometimes 3s.—he was to have just what I liked to my box of jewellery with me—he was with me up to 23rd Now., when I saw him to a Gravesend boat with another man—I missed my box and jewellery—I did not see the prisoner again for eleven or twelve days—the prisoner had not had directions to take it to show to anybody, or to sell to any one—I saw the empty box at Gravesend—this is it (produced)—there was a little plate on it where the license was attached; that is gone—I saw him eleven or twelve days after he left, and gave him in charge.
Prisoner. Q. Do you deny that we went into partnership? A. I do; I did not cry before you in a public-house, when you first came to John-street, and tell you what a situation I was in—you did not offer me a sovereign—I was in distress, but not for money, but because I could not speak English—I do not recollect going to Mr. Jacobs, and saying we would put what we had together, and so long as I had a bit of bread you should not want half—I understand a few wards of English—if I was absent from the lodging you paid monet, but I repaid it when I came back.
Prisoner. Q. Is this letter your writing? A. Yes—(this bring interpreted, was from the prosccutor to the prisoner's brother, dated 5th Nov., and contained the expression,—"As we have been so fortunate together, I hope we shall remain so.
ABEL SIMMS (policeman, H 163.) On 7th Dec. I received the prisoner in charge from Salomons, in Leman-street, Whitechapel—I told him he was charged with stealing a box containing jewellery—a young man repeated it to him—he said he had not stolen it, he was in partnership with the man—I produce the box—the landlord of the Three Tuns at Gravesend had it—he is not here—the prisoner had the hawking license.
Prisoner's Defence. I always had the jewellery-box in my possession, as he was not able to do anything—I used to keep it for two months, or two months and a half—I paid for everything, and always gave him money enough in his pocket—if there was anything over I always kept it till the next day, and if we wanted anything we bought it—I paid Mr. Jenkins 6s. a week, and sometimes 2s. 4d. or 2s. 6d. for washing—it was two much expence for us both to go into the country—we were partners—I went from Gravesend to Canterbury, and travelled with another young man, whom I lent a couple of sovereigns to, as his wife was confined.
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
MARIA RISBROOK . I am in the service of Henry Gold, of Brunswick-street, Newington. On Friday evening, 24th Dec., about eleven o'clock, I locked up some lard, pork, butter, and herring, in the safe in the area—the herrings were in brown paper, on the bottom shelf, and the butter also—about two o'clock next morning I was called up by my master, went into the kitchen, and saw my master, an officer, and the prisoner—I had never seen him before—I found the zinc-work of the safe cut down—the things had been removed, put back again, and all heaped up together on the top shelf—the safe is just out of the back kitchen door—the area is below the street—persons could only get in by getting over the area railings—there are no steps—it is about ten feet deep—he would have to drop, or lodge his foot somewhere.
WILLIAM DERRIG (policeman.) On 21st Dec., between one and two o'clock in the morning, I was in Brunswick-street—I turned my light into the areas—I heard a noise, and saw the prisoner trying to hide himself under the safe—I withdrew my light, and directed it down the street to draw the attention of another constable—I said, "There is a thief in this area"—the prisoner got up and said, "I give myself up to you"—he took a brown parcel out of his pocket, and put it into the safe, and four other articles—I told him not to do so—I rand the bell—Mr. Gold let me in—I searched the prisoner, and found some lucifer-matches, 2s. 11 1/2 d., and a knife, with which I tried to cut the zinc—it cut it very easily—it was cut on each side, and turned down.
Prisoner. It would be impossible to put a parcel of herrings into this pocket. Witness. It was a long parcel, not thick—the lard was all smeared over the paper—there was a cab waiting at the end of the street, twenty or thirty yards off.
Prisoner's Defence. I was returning home with two men; we were drunk; they knocked my had over the railing; I got over for it; I heard the policeman, and stopped for him to go by.
GUILTY . Aged 23. Transported for Seven Years.
ARRALL pleaded GUILTY .— Transported for Seven Years.
WILLIAM STROUD . I am a haberdasher, at New Bridge-street, Vanxhall. On 28th Dec., about half-part eleven o'clock in the morning, I was in the parlour behind my shop, and saw Arrall go out—I went out, and saw him give some knives to Jackson, who was round the corner, four shops off; Jackson dropped them, and ran off; I caught Arrall, and Blake caught Jackson—they were both brought back to the shop—Arrall threw out one of the ties, and the other the policeman took out of his trowsers—these are them (produced)—they are silk, and were in the shop-window with the knives give minutes before.
JOHN BLAKE (policeman.) On 28th Dec. I saw Jackson running—I stopped him, and saw Mr. Stroud holding Arrall—we took them back to the shop, Arrall drew this tie out of his pocket, and threw it over the counter—I found this other the rolled up in the bottom of his shirt—Mr. Stroud had gen knived in his hand.
Jackson's Defence. I was standing at the corner of a street; my brother went on; I am on to overtake him, and somebody called, "Stop thief"
another boy, with bricklayer's clothes on, ran behind me, and Arrall also; the policeman caught us, and asked Arrall who it was; he said it was me; a you g woman said I was not the boy.
JACKSON— GUILTY. Aged 16.—Recommended to mercy by the Prosecutor. — Confined Six Months.
Before Edward Bullock, Esq.
536. CHARLES SIMPSON , stealing 1 carpet, value 50s.; and 500 books, value 50l.; the goods of Henry William Hemsworth; and CHARLES PALMER , for feloniously receiving 26 books, part of the same; SIMPSON having been before convicted.
MR. PARNELL conducted the Prosecution.
ELIZABETH MATTHEWS . I am the wife of Henry Matthews. I lived at 19, Bond-street—in Oct last, I had the key of Mr. Hemsworth's chambers, in Clement's-inn—I used to keep the keys hung up in my kitchen—some months after I had the keys, I heard that something was missed—the prisoner Simpson is my brother—he came to see e three or four times, and used to come down into the kitchen—shortly after I heard of the robbery, I met him in the Sun public-house, Bishopsgate-street—I told him I bad heard of the robbery, and he was suspected of having taken some books and carpets—he said he had been there, and he had taken some books, and a carpet—he gave me this duplicate.
Cross-examined by MR. ROBINSON. Q. What is you brother? A. He has done work for Mr. Hemsworth several times, and he frequently visited him in the Queen's Bench prison—Mr. Hemsworth has been there twelve months last Nov.—my brother has been in the habit of constantly visiting him, and doing a great many things for him.
JAMES NOON (City policeman, 664.) I took Simpson—I produce this duplicate—as I was taking him to Newgate in the cab, he told me he could give me more information where the books were, but it was too late—I took him to Newgate, and told him I would come on Monday—I came to him accordingly, and took down what he had to say—he said, if he told where Mr. Hemsworth's property was, he hoped he would recommend him to mercy—he told me he sold about 150 books in a book-shop in Union-street, near the Church, that he brought them in three separate parcels; that he sold the first parcel for 3s., the second for 2s. 6d. and the third for 4s.—he did not give the name of the shopkeeper—I went with sergeant Russell and Mr. Huntingdon to Union-street—I found a shop which answered the description Simpson had given—it was the prisoner Palmer's—I went in and asked him if he had bought any books lately—he said he had not—we looked round the shop—Mr. Huntingdon pointed out four or five books to me, and said he could swear to them—Palmer said that was all of them that he had—we made a further search and found twenty-one volumes in the shop, the same as the others—he said the, he bought them for waste-paper, and he should not give them up unless we prosecuted the party—he said he gave 2d. a pound for them—these are them.
Cross-examined by MR. ROBINSON. Q. How many pounds do you think one of them would weigh? A. I cannot tell—I was not more than ten minutes with Simpson in Newgate—one of the turnkeys was with me
Cross-examined by MR. PAYNE. Q. These are all books of the last century? A. I do not know, I have not looked at them—Mr. Huntingdon had a list of books in his hand—I did not hear Palmer tell Mr. Huntingdon that if he
would let him know what he had lost he would tell him at once if he had bought them—I did not hear Mr. Huntingdon read a list of about a dozen books, and Palmer say he did not recollect them, but he thought he had Cullen's Materia Medica—the books were not mutilated in any way—part of those which had the covers taken off were under the counter, but a great many of them were just as they were in the shop—Mr. Hemsworth and Mr. Huntingdon authorized is to take Palmer—he was taken by sergeant Russell and I, on Monday night 13th Dec., to the Southwark Police-court, and taken before the Magistrate next morning—we were sent here on Tuesday, to present the bill against Palmer—but his case had not been heard—there were no depositions taken.
MR. PARNELL. Q. The Magistrate said he would accept bail for Palmer? A. Yes—he had committed Simpson, and he said we had better prefer the bill against both—I went as a witness to prefer the bill—when Palmer said he had bought the books as waste-paper, he spoke of them all.
JOHN HETHERSETT HUNTINGDON . I had charge of Mr. Hemsworth's chambers, in Clement's-inn—I took possession last Jan., and kept possession till 5th Oct.—when I left, I left in the chambers between 500 and 600 volumes of books, two carpets, and other furniture—I have not been to the chambers since—I gave the keys to Mr. Hemsworth—I went with Noon to Palmer—I heard the sergeant ask him, "Have you bought any medical books lately?"—he said, "No, I have not"—I cast my eye on one of the shelves, and there saw five books which I could indentify—I drew the policeman's attention to the five books—Palmer went directly towards them, and said, "You shall not look at them till you name what the books are"—I said, "They are Cullen's Materia Medica "—he took them down, looked in the fly-leaf, and said, that was the name that was in them—I asked him if he had got any others—he said no, he had not—I said to the policeman, "We must search the place"—Palmer equivocated very much, and then he said he did not know that he had those five books—on further search, twenty-one more were found—he said he did not know anything at all about them, he did not know he had books of that sort in his shop—he afterwards said he was quite sure he had not got more than the twenty-six—he said he must have bought the whole for waste-paper.
Cross-examined by MR. ROBINSON. Q. Why had you possession of those chambers? A. Mr. Hemsworth was in the Queen's prison, and thought he might make use of his chambers by letting another person occupy them—I am an accountant—I conducted his business for him—I did what you would consider a barrister's clerk's duty—I drew cases and legal instructions—I got my instructions through attorneys—I did not answer the case myself—I had nothing to do with that, that was Mr. Hemsworth's business—I acted under his instructions—there were various trials in the superior Courts that Mr. Hemsworth was concerned with, and which passed through my hands as his agent or clerk—I instructed attorneys, who instructed other barristers to do Mr. Hemsworth's business= I used to visit him almost every day—it formed no part of my business to get rid of any of those books—I did not make away with any property of Mr. Hemsworth's—there was always rent accruing for the chambers—I do not know that it was not paid—there was no demand on me for rent at Michaelmas—the rent was paid previously—I employed Simpson once—I do not know that he was employed in putting up kitchen dressers and other things for Mr. Hemsworth—Mr. Hemsworth had a house in Featherstone-buildings—I do not know of Simpson having done work for him there—these are medical books—the whole library was medical—there
were a few law books, but none of any consequence—I gave the keys of the chambers to Mr. Hemsworth on 5th Oct.—before that I used to leave them at the Porter's lodge.
Cross-examined by MR. PAYNE. Q. Did you and Mr. Hemsworth act as doctors? A. Bo; I did not use the medical books—a chemical dictionary, 50 years old, would not be worth much—I lived nine months in the chambers—Mr. Hemsworth paid the rent—I did not see him pay any—Mr. Gregory, the high steward, did not speak to me about the rent—he did not show me the door, and I did not any when I got him outside I would give him a good thrashing—I have known Mr. Hemsworth ever since he was a child—we are cousins—I did not know of his prosecuting his servant-maid, on a charge of stealing somebooks—he carried on an extensive business as a distiller—he is not detained for debt but for contempt of Court—he would not pay some money that was awarded, I believe—I have the receipts for the rent—they distrained for rent, for which we have an action against them.
HENRY MATTHEWS . I was employed in the beginning of Oct. by Mr. Hemsworth, to remove books from his chambers, and what I thought most valuable, and I was not to go there before seven o'clock in the evening—I had been in the chambers about the 14th or 16th Sept.—there were then between 400 and 500 books there, and some carpets—I went about 21st Nov., and missed the books, all but 49, and the carpets.
Cross-examined by MR. ROBINSON. Q. Who gave you instruction? A. Mr. Hemsworth—I was to remove them secretly—I dared not go till seven o'clock in the evening—I was to take them to my house in Bond-street till he wanted them—I told him I had taken medical books—he said, "They are no use, they are valueless, and therefore let them stay"—he said I was to take books of history, and well-bound books—there was some talk of a distress for rent about that time—Simpson was employed in doing things three or four times in the last twelve months at Featherstone-buildings, and frequently in taking spirits and other things into the Bench—I cannot say that the things on this bill (looking at one) were done by Simpson, but I know the staircase and the roof were, and I know he did work for Mr. Hemsworth at the Queen's Bench—when I went to the chambers in Sept. there were two carpets there—I went in the beginning of Oct.—I did not then go into the second room—I only saw one carpet then.
HENRY WILLIAM HEMSWORTH . These five books were brought to me—they are mine—this carpet is mine—I have employed Simpson from time to time occasionally, but very rarely—the last time was before Nov.—he came to me one day, about 5th Oct., or probably a little before, and said he could get some situation, and he was very poor—I made him a present of a crown—I did not give him anything to do—I did not tell him to go to my chambers—I heard from Matthews of my property being lost—Simpson came to me the next day but one, to confess it—he said he was aware I suspected him—he came at once to admit the matter of stealing the books and carpet; that he had sold the books for 4l. 16s., and one of the carpets for 1l.—he said, "Perhaps you will think ir a very strange thing that I have done it for the benefit of another person, but I was connected with a young man who was tried at the Old Bailey, and I sold the books to fee Counsel for his friends, and the man was convicted notwithstanding"—he put it to me to be merciful to him—I told him I could do nothing for him—I am in the Queen's prison, for non-obedience to an order of the Court od Common Pleas—I was committed in Nov., 1846.
Cross-examined by MR. ROBINSON. Q. What order was that? A. To deliver up goods and papers which I had net in my possession—I pleaded
guilty at the advice of the master, who understood I should be imprisoned for a nominal time only, but the Court would not attend to his report—I anticipate I shall get out when the sentence is out, which was for two years—I owe Simpson nothing—I have paid very little the last twelve months—I have had very little to do—I have perhaps paid him 5l. within the last twelve months—I paid him beforehand for the spirits he took in—it is rather a serious duty—it is done every day, but if a man is found out they fine him 10s.—he has been to see me four times, as near as possible—when there he has perhaps done half an hour's work for me, and been paid for it—he has not done any work at Featherstone-buildings within the last twelve months—he never came twice without being paid—he did not send in an account in May, 1847—I never saw this bill (looking at it)—he never delivered ti—"Repairing kitchen stove, drawers, stairs, and so on"—he did not do this by my orders—I do not believe it ever was done—Mr. Huntington is my cousin, and in a friendly way he has had charge of my chambers—he could carry on business if he liked, and it was convenient to me that he should be there to carry on my business for me—I consider myself a barrister—I was called to the bar in 1836 or 1837—I am a sleeping partner in a distillery in Scotland—my name appeared, but I never appeared—it is still going on—I derive profit from it, but the profits have not been paid to me lately—I am perfectly independent of it—I have a very good income to live upon—I was to pay rent for the chambers in Clement's-inn—I calculate that I have paid more rent that I ought—there is a dispute between the steward and me—he put in a distress last year—I allowed them to sell, and I intend to bring an action against them, I have commenced it—I issued a writ in June last, about a fortnight after the distress that was in—I have not given instructions to anybody to make away with my books or property—I never told anybody to remove my books to his house in case of a distress—there was no fear of that—I had the written consent of Mr. Gregory to remove my books—I ordered Matthews to remove them—I was going to give up the chambers to Mr. Gregory, and sent Matthews to give up the keys, and told him to remove all the books and papers, and to do it at his convenience, when he thought proper—I never said anything about their being removed quietly—I sent to Mr. Gregory, and he was to be present when they were removed.
Cross-examined by MR. PAYNE. Q. Did you see Palmer? A. Yes, three days ago—I did not tell him that I had not authorized anybody to give him into custody—I did not interfere—I am not of opinion that medical books are of no value—they are old, but a complete library of old books is valuable—I did not say to Matthews, "Never mind medical books; they are of no value at all, bring only law books and books of history"—I told him to remove all the books—I am a member of the Inner Temple—I did not prosecute a female servant on a charge of stealing some books, about eighteen months ago—I never stood prosecutor in my life—Simpson stated that he had bought 150 books—I knew there were more books at other booksellers.
(Simpson received a good character.)
SIMPSON— GUILTY . Aged 24.— Confined Twelve Months.
PALMER— NOT GUILTY .
(There was another indictment against Simpson.)
537. WILLIAM JONES REASON , burglariously breaking and entering the dwelling-house of John William Monk, about four in the night of 29th Oct., and stealing 30 lbs. weight of cigars, value 25l.; 1 pair of gravy spoons; 1 pair of ladle, and other articles; his goods.
MR. CHARNOCK conducted the Prosecution.
JOHN WILLIAM MONK . I keep the Masons' Arms, Horsemonger-lane, in the parish of St. Mary, Newington; it is my dwelling-house. On 29th Oct. I was the last person up—I saw the prisoner there at twelve o'clock, and ordered him to leave the premises—the staircase window was then closed—at a quarter before five in the morning I was alarmed by the policeman's rattle. I got up and came down, and saw the staircase window up—I never saw it up before—the side door was open—it had been shut the night before—I went into the street and saw the policeman—he came in with me and asked for a light—I went to the bar-parlour and found the till had been forced open—I missed a carpet-bag and a blue—bag, containing a barrister's gown—the cigar-box was emptied, and about thirty pounds weight of cigars gone, 25l. worth—I missed a pair of gravy spoons, two pairs of German spoons, a pair of ladles, a dessert-spoon, two large table-cloths, and other things—they had attempted to set fire to the house—I kicked against a hat, about four feet off the side-door, between my bar and the side-door—I had seen that hat on the prisoner's head scores of times, and knew it to be his—this is it—the policeman took charge of it—the prisoner was dressed the night before as he is now, and to the best of my belief he had this hat on, but I would not positively swear that—I saw it tried on his head at the police-court, and instantly swore it was his—I have not any doubt about it—I have not found any of the property—on the Saturday morning I saw the prisoner he had a different hat on then—I think he said something, but I did not take notice of it—I was taken ill about that time and did not see him any more.
Cross-examined by MR. O'BRIEN. Q. The prisoner had been in the habt of frequenting your house for three of four months before? A. Yes—this happened on a Friday night—I think I saw him about ten or eleven o'clock next morning—I saw him again on the Monday morning—I did not see him on the Tuesday—I was taken ill on Monday afternoon—I had seen the hat on the Saturday morning before I saw the prisoner, and examined it—I did not see the prisoner after the Monday till the 15th Dec.—it was not at the police-office that my conviction became so strong about it—I was positive before—I had the same suspicion when I was taken ill.
MR. CHARNOCK. Q. What do you mean by examining the had? A. I took it up and looked at it—I had often seen that hat about the place, off the prisoner's head and on it—I was certain of it that moment—on the third day I was more positive—I was anxious, and called my young man up—that was the time I became more confident.
COURT. Q. Did the prisoner leave the house the night before? A. I think not; I will not say.
MR. O'BRIEN. Q. Where was he when you told him to go out? A. At the counter—there was no one with him—two gentlemen were in the barparlour—the prisoner had been in the skittle-ground in the evening.
HENRY BENHAM . I am servant to Mr. Monk—I have known the prisoner about nine months—he has been in the habit of coming to the Masons' Arms, and sometimes assisting me in my work—on Friday night, 29th Oct., I saw him there a little after eleven o'clock—we had a conversation about a pot of beer, either on that day or the day before, I will not be sure which—he was
taking some beer in the skittle-ground, and somebody had gone away and not paid for it, and it was his duty to pay for it as he took it in the ground—he had not the money—he came into the tap-room and told me some one had gone from the skittle-ground that owed him for a pot of beer—I do not know whether he paid for it at last—I have seen a hat which he wore very much like this—I have seen one like this about the tap-room—I saw him on the Saturday, again on the Sunday, and again on the Tuesday, at our house—on the Wednesday he was absent—he had the same hat on those occasions that he was in the habit of wearing, as far as I could perceive—he was then absent till the Sunday, when he came to out house—he told me he had been in the country, and on the Tuesday following he told me he had laid out about 3l. for stationery, and he was going hawking—there is a back-window of out house, when I came down on the Saturday I found it a little way open—there was scarcely room for a man to get in; but if it were raised higher there would have been—it was closed when I went to bed.
CHARLES HERRING . I am herbalist, in Covent-garden market. I have known the prisoner about two months—he worked with me from July to Aug.—I believe this hat to be his—I have seen him wear it, or one like it—I could not swear to it—I saw him put it on, and my opinion was that it was the one he wore while in service with me—the hat was shown to me—the prisoner's name was not mentioned—I identified it.
ELIZABETH BOND . A young person the prisoner lodged with took a lodging at my house—the prisoner came to my house with furniture on Monday morning, this day ten weeks—I particularly noticed his hat—I should think this is the same, or one very similar—I saw him at nine o'clock in the morning and the same evening.
EMMA THORNTON . I live at 9, Horsemonger-lane. The prisoner lodged with me about a month before the 29th Oct.—he did not sleep at home that Friday night—he had before that slept there fro a month—I never saw him after the robbery till he was at the Police-court—on the Sunday before the robbery I received half-a-crown of him, and two nights after that he promised me 1s. 6d., but never gave it me—he had not intimated that he was going away.
WILLIAM PRINCE (policeman, M 197.) On Saturday morning, 30th Oct., about five o'clock, I was on duty, coming past Horsemonger-lane prison, which is about twenty yards from Mr. Monk's—I saw a man cross Swan-street—he had no hat on—he was dressed similar to the prisoner—I believe him to be the man that I saw in front of Mr. Monk's bar, between eleven and twelve the previous night—I noticed his face—he was then dressed as the man was that I saw in the morning—I cannot say to the colour of the coat—it was a dark shooting coat—I did not notice his trowsers—I was about twenty yards from him in the morning—he was coming in a direction from Mr. Monk's—I could not say whether he came out of it—after he passed me he quickened his pace—I wen to the side door in Swan-street; it was ajar—I pushed my hand against it, it flew open—I took my rattle out and sprung it—I picked up this hat in front of the bar—it was in Mr. Monk's possession a few days—my brother officer has had charge of it since.
NOT GUILTY .
GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. CLERK and ROBINSON conducted the Prosecution.
CHARLES CROSS . I am a licensed victualler, in the Lower-road, Deptford. On 17th Dec. the prisoner came to my house, between twelve and one o'clock—he had 1 1/2 d. worth of gin—he gave me a counterfeit shilling—I saw it on the counter, and said it was bad—he instantly chucked down a good one, and said he was not aware of it—I took up the bad one and kept it in my hand—he said he took it in the Borough-market; that he was a poor man, and if I would give it him back he would be much obliged to me—he went away—I put it on a back shelf, behind the casks—it remained there till between four and five in the afternoon—I then marked it with a bradawl and gave it to West.
JULIA PLUCKROSE . I am the wife of Henry Pluckrose, of the Borough-road. Between two and three o'clock in the afternoon, on 17th Dec., the prisoner came to our shop for 3d. worth of liver—he gave me a shilling; I gave him two 4d. pieces and a penny—I put the shilling in my pocket—I had only a Victoria shilling there beside—West came in directly after—in consequence of what he said I took the shilling out of my pocket, marked it, and gave it him—I am confident the shilling I gave him was the one the prisoner gave me, it was a George the Third shilling, and was very smooth—I had noticed it before I put it into my pocket—this is it.
Prisoner. Q. Did you not pull out of your pocket a handful if silver? A. No I had a half-crown, two 4d. pieces, and a Victoria shilling—there was not three or four shillings and several sixpences.
PHŒBE BENSON . My father is a corn-chandler, in Bridge-road, Southwark. On the evening of 17th Dec. the prisoner came for half a pint of oatmeal—it came to 1d.—he gave me a shilling—West came in and said it was bad—I looked at it, gave it to him, and he took the prisoner.
THOMAS WEST (policeman, M 249.) On 17th Dec. I saw the prisoner in the Borough-road—I saw him again in the evening, and followed him into Mr. Benson's—I saw him place something on the counter—I told Miss Benson to take notice of it—she examined it, and said it was a counterfeit shilling—she bit it, and gave it to me—this is it—I took the prisoner, and found on him a good shilling, a penny, and a farthing—I received this other shilling from Mr. Cross that evening.
Prisoner. Q. Where was I when you first saw me? A. In Grange-road, Bermondsey—it was between two and three o'clock—you were with another man—I followed you to Kent-street, and there lost you.
Prisoner's Defence. I changed a sovereign the night before in Ratcliffhighway, at the William the Fourth; I had been drinking all the morning; I did not know the money was bad; I changed half-a-crown the same night, for some oysters, in the Borough-market; I work very hard for my living; I worked last for Mr. Jefferson.
GUILTY . Aged 26.— Confined Twelve Months.
MESSRS. CLERK and ROBINSON conducted the Prosecution.
JOSEPH HENRY VINCENT . I am barman to Mr. Smith, of the Black Horse, High-street, Southwark. On 22nd Dec., the prisoner came for a pint of porter—he gave a bad shilling—I had received information from the police" I
called Mr. Smith out—he went he to the bottom of the counter, and spoke a to the officer—we told the prisoner when he brought a good shilling he should have the bad one—he said he had received it of a sergeant who had enlisted him—he went away—I gave the shilling to the officer.
ELIZABETH SEDGWICK . I am the wife of Richard Sedgwick—we keep the King's Head, Newington-causeway. On 22nd Dec., the prisoner called for a pint of beer—he gave me a shilling—the officer said he believed it was bad—I examined it, and saw it was bad—I marked it, and gave it to the officer.
JAMES BURTON (policeman, M 272.) I went to Vincent, and received this shilling from him—I afterwards went to Mr. Sedgwick's and got this shilling from her—I had watched the prisoner about an hour—there had been a person with him.
Prisoner's Defence. I sold my jacket for 2s., and got a pint of beer, and the woman gave me into custody.
GUILTY. Aged 18.—Recommended to mercy by the Jury. — Confined Six Months.
NOT GUILTY .
HAWS pleaded GUILTY . Aged 44,— Confined Six Months ,
MESSRS. CLERK and LAW conducted the Prosecution
SARAH JUDITH SUTTON . I am the niece of Edward Drury, who keeps the ship and Sun, in the Walworth-road. On 27th Dec., about nine o'clock in the morning, the prisoner came together—Haws asked for a quartern of gin—I served her—she gave me a half-crown—I saw it was bad, cut it with a knife, and took it to my aunt, who was in the parlour—when I came back Brown was gone—Haws was taken into custody—the half crown was given to the officer by my aunt—I had noticed the prisoners in the shop, about sight o'clock that morning.
ANN THOROGOOD . I searched Haws at the station, and found in her pocket half-a-crown. 1s. 4d. in silver, 4d. in copper, and a handkerchief—Brown was at the door—Haws had not the handkerchief when she first came in, but she said to Brown at the door,"Give me my pocket-handkerchief"—Brown gave it her into her hand, and I found in it a bad half-crown—I found on Brown a sixpence, and 3d. in copper.
CHARLES FURLIN . I was sa policeman. On 27th Dec. Brown was given into my custody—she wanted to go her attorney—I would not allow her—I took her to the station—Haws was there, and asked Brown to give her her handkerchief—she did so—on the way to the station Brown made several attempts to drop it, but I would not allow her.
BROWN— GUILTY Aged 36.— Confined Six Months.
Before Mr. Recorder.
JOHN MAY (policeman, M 207.) I received the prisoner in custody on 21st Dec., at half-past seven o'clock in the evening, of Mr. Waymark, of the Horse-shoe Inn. Borough—he was charged with stealing a silver spoon from
the coffee-room—I took him to the station, and found on him four silver tablespoon and four salt-spoons, one of them broken up—they were claimed by Mr. Ball—the prisoner said, "They are my own property" the name of the tavern was on them, in full—I went to Mr. Ball's in Newgate-street, about twenty minutes walk from Mr. Waymark's—I found a duplicate for a coat in the prisoner's pocket, and cut drinking-glass, for which I have not found the owner; several papers, one of which was wet with new-made mustard; and one of the spoons looks as if it had been taken from a mustard-pot—that was was claimed by Mr. silk.
Cross-examined by MR. HORRY. Q. Was the prisoner drunk? A. he had been drinking very freely—he was detailed in front of Mr. Waymark's bar—there no one with him.
JOSEPH BALL . I keep the Queen's Tavern, Newgate-street. These eight spoons are my property—they were given out to the waiter on the morning of the 21st, as is the custom—I have no recollection of seeing the prisoner there, but a person could slip in and out again—our house is up a passage—there are two coffee-rooms.
Cross-examined. Q. You do not know him? A. one or two of my friends have given him a good character.
WILLIAM WATERS . I am waiter at Mr. Bail's—I know these eight spoon—they are my master's—I had them under my charge on 21st Dec., at ten o'clock in the morning, and missed them at nine at night—when the officer came I cannot say how lately before they had been taken—they were on the table in the coffe-room—a person coming in could put them in his pocket—persons come in and go out again, without taking any refreshment, sometimes—I placed spoons off the table on the sideboard, about four o'clock—they might have been taken between four and five.
Cross-examined. Q. Were you in the coffee-room? A. I was engaged up stairs at a dinner until about five o'clock.
Prisoner's defence. I can prove I was Garraway's till after five o'clock,
GUILTY . Aged 32.— Transported for Seven Years.
(There were three other indictment against the Prisoner.)
DONALD MURRAY (policeman, M 119.) I produce two marriage certificates—I have compared them with the register in the Churches, one at Bisley, in Gloucestershire, and the order at St. George-the-Martyr, Southwark—I apprehended the prisoner at St. Thomas's Hospital—I told him I had a charge of felony against him, for marrying Harriet Wilson, his farmer wife being alive—after a little time he said he was not aware that she was alive—(The certificates being read, the first was of the marriage of Thomas Phelps and Elizabeth Bidmead, on 30th Aug., 1825, at Bisley, by Thomas Keeble, Vicar; witness William Whiling: and the second, of the marriage of John tonner, widower, on 22nd Aug., 1847.
WILLIAM WHITING . I am parish-clerk of Bisley. Gloucestershire, and was so in 1825. I was present at the prisoner's marriage with Elizabeth Bidmead—I knew her perfectly well—she was living in the parish—they lived together as man and wife ten or eleven years or more—I do not know what become of the prisoner then—I did not see him till the other day—his wife has been living at Bisley till within these Six years—I saw her last on
Saturday evening—she is a cripple—she left Bisley with the prisoner, so she told me—I did not recollect the prisoner when I saw him at the Police-court—I know it is a face I have seen, but I have not seen him for a twenty years—there is no one here but myself who was present at the marriage—Mr. Keeble is alive.
Prisoner. Q. Are there not many Thomas Phelps's besides me? A. I cannot say.
HARRIET WILSON . I became acquainted with the prisoner in May last, at St. Thomas's Hospital, and was married to him at St. George's, Southwark, in the name of John Tanner—I did not know he was married—he said he was a widower, and had lost his wife six years.
Prisoner's Defence. I was a patient in the hospital nearly two years; I was discharged in May, and got a place as porter in the Museum; I became acquainted with Wilson early in April; she was the quite a cripple in bed; I did not know then that she had a change; I offered her marriage; she assented; I did not know whether my wife was alive or not; I cannot say that she is; it is more than six years ago since I saw her or heard from her.
GUILTY . Aged 38.— Confined Nine Months.
GUILTY . Aged 15.— Confined Seven Days and Whipped.
THOMAS SKINGLEY . I am a gardener to Mr. King, and live at the Lodge, Nightingale-Jane, Streatham. This is my jacket (produced)—it was hanging in the yard by my cottage on the afternoon of 15th Dec.—a person could get from the common on to the palings, and reach over.
LUCY WILLIAMS . I am the wife of Edward Williams, of Nightingale-lane, next to Mr. King's lodge. I saw the four prisoners behind the lodge—Berwick and Yalden took the jacket—Berwick put it under his jacket, and buttoned it up as he passed my window—th others were about fifty yards from him—I do not think they were near enough to see him take it—I opened my window, told them I saw them, and would send a policeman after them—they all ran together up Nightingale-lane—Berwick was 200 yards in advance.
JOHN SOUTHEY . I am an inmate of the Wandsworth and Clapham Union—the prisoners were there the night before this—they all overtook me on Clapham common—we walked about 200 yards together—they told me they had made a jacket—they all said so—that they tossed for it, and Goodrich had won it—I do not know who said they tossed for it.
Goodrich. He is a returned convict. Witness. Yes, eighteen years ago—people in the workhouse told you that.
WILLIAM WALKER (policeman, V 98.) On 15th Dec., I saw Goodrich in Wandsworth, wearing this jacket—I let him go then—I got information, and about seven o'clock went to the Union, and told the prisoners they were charged with stealing a jacket—Goodrich took it from his back, and said, "Here is the jacket, a man on the common gave it me"—persons can go out of the Union, and return the same day.
Hall's Defence. I was on Clapham common; 100 yards away from them; they were in the town.
Yalden's Defence. I and Hall met them on Clapham common; they said they had found the jacket; we said we would toss, to see who should have it; we tossed, Goodrich won it; I did not know where it came from.
FREDERICK LANGTON (policeman, V 19.) I produce a certificate of Goodrich's former conviction, and know him to be the person mentioned in it—he had had two months before that—read—Convicted, Sept., 1846, having been before convicted—confined one year.)
GOODRICH— GUILTY . Aged 24.— Transported for Seven Years.
GUILTY .— Confined Six Months.
548. SOPHIA BRADFIELD , stealing 1 watch, 2 seals, 3 keys, 1 ring, 1 guard, 1 brooch, 3 ear-rings, 2 blankets, 1 pair of boots, and 1 pair of shoes, value 4l. 5s.; 3 half-sovereigns, and 10 shillings; the property of Edward Richardson Barkas; having been before convicted.
MARGARET BARKAS . I am the wife of Edward Ricardson Barkas, and live in Ebenezer-place, Mint-street. The prisoner and another person, named Emma Coppin, came to lodge with us on 2nd Nov.—they had an unfurnished room at first—at the end of a week the prisoner felt dissatisfied at being with the other person, and asked if I could let her have a furnished room—I gave her one—Coppin had some things in her room—the prisoner remained in the furnished room till 26th Nov.—she was in my room about ten o'clock that morning—I had a watch on the sideboard—I had it in my hand in the prisoner's presence, and moved it a little further on the sideboard—about a quarter of an hour after, I went into the kitchen—I returned in about two minutes, and sat down—the prisoner took up a card, and said it would make a nice watch paper—I said, "What is the use of a watchpaper?"—I looked as the sideboard, and did not see the watch—I thought no more about it then—I left the room again. and she then left and did not return—I had occasion to go to my purse, which was in the drawer, and saw it had been shifted—I found the money was all right—I then locked my door, and went out for an hour—when I returned I found the door locked, as I had left it—I missed my watch when I was going to bed at night—I went to the lodgers' room, up stairs, and told them of it—I then went to the prisoner's room, and missed a pair of blankets off her bed—I went to my room again, searched further, and missed from a box in a drawer three halfsovereigns, three ear-rings, and a brooch—I also missed a pair of boots and a pair of shoes from a cupboard in her room—she was in my debt 6s., for lodging—next morning, in making her bed, I found the ring of the seal, which had been in the box where I missed my money from, and this bit of bent wire—I afterwards tried the key of the prisoner's door to mine, and it would unlock it—I tried the other keys, and none of them would do so—I have not found any of my things.
Prisoner. Q. Did not you buy two duplicates of Emma Coppin, of blankets, a counterpane, and rings? A. Yes, but I paid for them—I did not take them into your room and compare them with the blankets on your bed—you knew I had three half-sovereigns and ten shillings to pay my rent—I saw the money the morning you left—I did not tell you that the other lodger had a very indifferent character, and I would get rid of her before I was confined—the
other lodger was in the house when you were there—I did not tell you that my house was never safe—the door was not left open till eleven or twelve at night.
COURT. Q. How did you keep your money in the drawer? A. The key was in it, but no person was ever in my room
HARRIET ALLEN . I am the wife of Thomas Allen, and lodged in Mr. Barkas's house for about seven weeks. On 26th Nov., about half-past two, I was washing in the kitchen—the prisoner came through, and went ino the yard—she came in directly, and shut me in the room, and in two minutes after I heard the street door shut—she was dressed, ready to go out—she did not come back.
SAMUEL COPPIN (policeman, P 97.) On 11th Dec., I met the prisoner—I told her I took her on suspicion of robbing Mr. Barkas—she said, "Good God! good God!"—in going to the station, she said she did not rob her, but left her because she owed her some rent; but before that she said she did not know Mr. Barkas, and I must be mistaken in the party.
Prisoner. Q. The day I was committed, did you not come to the window of my cell and ask why I did not own to taking the property, and what I had done with it? A. No; I never had any conversation with you—you wished me to go to your lodging, and tell the lady to take care of what you had there till you got out of confinement—I did not say if you owned what you had done with the property, they would not be hard with you.
MARGARET BARKAS re-examined. I bad last seen this piece of wire in the box where the money was on the morning before—it was on a sixpenny seal—my name was on it—my box was quite emptied, except the receipt for the last month's rent—the door was open after the prisoner left—there was only one other person in the house—I missed the watch at ten o'clock at night, and the money about an hour afterwards.
Prisoner's Defence. I never saw the watch, or any of the articles.
GUILTY . Aged 47.— Confined One Year.
SAMUEL COPPIN (policeman, P 97.) On 13th Dec., between six and seven in the evening, I saw the prisoner in Mr. Evans', a marine-store dealer's, in Cross-street, Newington, with two metal balls in the scale—he appeared in conversation with Evans—I went in Evans said, "What can I do for you?"—I said I would speak to him when he had done with that gentleman, meaning the prisoner—I asked him to let me look at the balls—I then asked the prisoner where he got them—he said he found them in the Lewisham-road, about twelve o'clock the same day—I asked whether he worked on the rail-road—he said no, he never did—I told him it was my opinion that these belonged to the machinery on the railway—he said he did not know anything about that—he did not work on the railway—that he was a shoemaker, and had lived at Lady's-well, Lewisham the last twenty years—Davies came in, and we took him in charge.
Cross-examined by MR. PAYNE. Q. How did the conversation begin? A. Evans asked his name—the prisoner said it did not matter about his name—Evans said, "I must have your name and number, and all"—I saw the
balls, and asked him where he got them—he said in Lewisham-road—I am not acquainted with machinery.
RICHARD DAVIS (policeman, P 55.) I was with Coppin—I saw the prisoner in the shop, and saw Evans and him talking—I sent Coppin in—I afterwards went in and looked at the balls—they appeared to be new—I asked the prisoner where he got them—he said he kicked against them in Lewisham-lane, picked them up, put them in his pocket, and he thought he would not carry them any further than that shop, but would sell them—he said he lived at Lady's-well, Lewisham, and came up to London for a stroll—that he was a shoemaker, and did not work for any railway,
JAMES EVANS . I am a dealer in marine-stores, in Cross-steet, Newington. On Monday evening, 13th Dec., the prisoner came to the shop, took two balls out of his pocket, and asked me what I could allow him for them—I weighed them—they weighed 2lbs.—I examined them, and put them on the counter—the policeman came in—I asked him what his pleasure was—he asked me if I had purchased any lead that night=I said no, I had not—he said, "What have you bought of this person?"—I took them up, and said, "These two balls; but I have not purchased them yet; they weigh 2lbs.; they are pot metal"—he called in Davis, and he said, "What do you call these things? I think they belong to the railway"—I asked the prisoner his name and address—he gave it—I was going to write it down, but the policeman came in first.
HENRY HALL . I am store-keeper to the London and South-Western Railway. The prisoner has been employed there from 27th June as a saddler in an out-place adjoining the work-shop, making leather straps for machinery—these two balls belong to theb London and South-Western Railway Company—I have another ball, which I brought from the store this morning, No. 448—that is the number of the casting, and this one taken from the prisoner has signs of 448 on it—that is the number of the castings of this sort—they are called pump clack balls—the prisoner had no business where they were kept—they are worth 11d. a pound.
Cross-examined. Q. If the prisoner wanted to speak to any one he might go where they were? A. He had no business there without leave of his foreman—he was under a fine if he did—they have printed rules to forbid persons to go from one part to another—Mr. Bates' shop is in another part of the building—I think the fine is 2s.—the fine is for leaving his own shop where he is at work.
JOHN BATES . I am a brass-finisher, in the employ of the London and South-Western Railway. On Monday, 13th Dec., I was working on some clack balls just by the top machine-shop—the prisoner came there about a quarter-past five in the evening—he asked me about a club, and asked me to write something for him—I told him to wait a few minutes, and I would write it, as my hands were then all over grease—I turned to the cupboard to get some waste to wipe my hands—I then wrote what he wanted—he went away, and was taken the same evening—on the Tuesday after his first examination I counted the balls, and missed two or three.
Cross-examined. Q. How many had you? A. Ten or eleven, I could not be certain—I did not miss them directly they were gone—I dare say the prisoner was there nearly ten minutes.
GUILTY . Aged 35.— Confined Three Months.
WILLIAM BOSOMWORTH . I reside with my father, John Bosomworth—he sells potatoes in Compton-street, Borough-market. On 11th Dec, about sx or seven in the morning, I received information, and missed two sacks of potatoes—I had seen them safe a quarter of an hour before, against the next house—there was a pile of them, they were on the top.
WILLIAM HOLMES . I am a porter, in the Borough-market—I have known the prisoners four or five years. On Saturday morning, 11th Dec., I saw the in Compton-street, close to prosecutor's warehouse—Machin lifted up sack of potatoes, and put it on his back—Evans was about a yard behind him—they went through Red Lion-street, and went away together—I pointed the prisoners out to Robinson.
Cross-examined by MR. PARRY. Q. What time did you point out the prisoners? A. About an hour and a half afterwards—I could not stop them, as I had a load on my head—I saw no policeman about the market—the sacks of potatoes have not been found—I went to look after them directly after I had seen them—I am not a ticket-porter—I have been a porter there seventeen years—I have applied for a ticket, but there have been none till the last month or six weeks—I shall have one next Tuesday—I am twenty-eight years of age—I have never been in any trouble—I have not been in prison for six months or for three months—I do not remember stealing any apples—Mr. Payne has a stand in the Borough-market—I was never charged by him with stealing fruit—I have never been taken before a Magistrate on any charge.
HENRY ROBINSON . I am in the service of Mr. Bosomworth. On 11th Dec., about half-past six o'clock, I counted the sacks of potatoes—about seven or a little before, I missed two sacks, containing 1 cwt. each—Holmes told me something, and an hour or two afterwards he pointed out the prisoners to me—they were following each other three or four yards apart—I watched them, and saw them go together to a cart, with "Thomas Evans" on it—Evans put some carrots in, and they went away.
Cross-examined. Q. When did you see this? A. At about nine o'clock—Holmes came to me about a quarter before seven o'clock—we went to look after the men, but could not see them—he pointed them out between eight and mine o'clock—I did not see any potatoes in the cart—they have not been found—Holmes has been about the market many years.
Cross-examined. Q. How long after these potatoes were stolen did you go to Edward's house? A. On the same morning, but I did not go in—I went on the 13th, between nine and ten in the morning, and took him—he was cleaning his horse in the stable—he said he had been in the Borough-market.
JOHN MAY (policeman, M 207.) I took Machin on the 18th—I told him it was on suspicion of being concerned with Evans, who was in custody, in stealing two sacks of potatoes from the Borough-market on Saturday—he said he knew no one of the name of Evans, and he was not in the Borough-market on 11th Dec., he was over at Billingsgate.
Machin's Defence. I was not in the market that morning; he said he saw Evans assist me with a sack of potatoes, and put it into the cart.
NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 27.— Confined Fourteen Days
GUILTY .— Confined Nine Months.
GUILTY .— Confined One Month and Whipped.
GUILTY .— Confined Three Months.
ADJOURNED TO MONDAY, JANUARY 31ST, 1848.