CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD JANUARY 31ST, 1848.
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 Commissions of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTRY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURVEY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 31st 1848, and following Days.
Before the Right Hon. JOHN KINNERSLEY HOOPER , LORD MAYOR of the City of London; Sir Edward Hall Aldersons, Knt., one of the Borons of Her Majesty's Court of Exchequer; Sir John Taylor Colerides, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Sir Edward Vaughan Williams, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Thomas Kelly, Esq.; William Humphery, Esq. Sir William Magnay, Bart.; Michael Gibbs, Esq.; John Johnson, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq.; Francis Graham Moon, Esq.; David Salomons, Esq.; and Thomas Quested Finnis, Esq.; Aldermen of the said City: John Mirehouse, Esq., Commons-Serjeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HOOPER, MAYOR. FOURTH 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 associated of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, Jan. 31 st, 1848.
PRESENT—The right Hon. the LORD MAYOR, Mr. Ald. GIBBS, Mr. Ald. JOHNSON, Mr. Ald. SIDNEY, Mr. Ald. SALOMONS, Mr. Ald. FINNIS, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
NOT GUILTY .
MESSRS. BALLANTINE and ROBINSON conducted the Prospection.
WILLIAM FEARN . I am a clerk to the Eastern Countries Railway Company. The prisoner was engaged by the Company in the granary department—it was his duty when goods came in, consigned to persons in London, to send them out by the carman—I have the order-book here (produced)—here are fifteen sacks of peas. mine sacks of potatoes, and sixteen and a half quarters of beans, entered as consigned to Messrs. Noble on 16th Oct., and on 18th, twenty-three and one-eighth sacks of peas—the entries are in the prisoner's writing—he should send a bill of this kind (produced)—it ought to specify the right amount of cartage charged—he should also send out two tickets, one to leave with the consignee, and the other to bring back signed by him, one would also be left in the book as a check—I produce a ticket-book—here is the counterfoil check of the twenty-three and one-eighth sacks of peas on 18th Oct., and 5s. 9d. is entered on it as the amount of cartage payable by Messrs. Noble—that is in the prisoner's writing—these two tickets are what he sends out—it was his duty to write the right amount on the front of the ticket before giving it to the carman—on the back of the ticket there appears to have been 8s. altered to 5s. 9d.—the prisoner was to pay the amount of the cartage to me—this is his petty cash-book, 5s. 9d. is there entered as the cartage received—I received that 5s. 9d. from him, and no more—on 16th Oct. 3s. 9d. was the proper charge—5s. has been the amount at the back of the ticket, and it has been altered to 3s. 9d.—the prisoner paid me 3s. 9d.—2s.
3d. is entered for the nine sacks, 3s. has been put at the back of the ticket and altered to 2s. 3d., which is the amount entered by him in the petty cashbook, and the amount I received from him—8s. 3d. was the right amount to be received on the fourth parcel—11s., is endorsed at the back of the ticket, and not altered, and 8s. 3d. on the front—that is the amount entered in the petty cash-book, and paid to me—attached to each of the tickets was a bill of the amounts.
Cross-examined by MR. METCALF. Q. Do you know by whose recommendation the prisoner came into the Company's service? A. I do not, he has been there about a year and a half—he accounted to me, he always paid in regularly before this—all the entries in the petty cash-book are the prisoner's writing.
JOSEPH KING . I am a carman, in the employ of the Eastern Countries Railway. On 18th Oct., I received this ticket and bill for 11s. from the prisoner—I cannot read or write, but I know figures—I did not see any figures on the front of the bill when I received it—I took the tickets and goods and delivered them at Messrs. Noble's—I received 11s. on this bill—I delivered three other lots of goods at the same time, and received 3s., 14s., and 1l. 11d. on them—I had some gold and some silver—I gave it to the prisoner with the tickets—I cannot exactly say whether these figures were on the backs of the tickets when I gave them back to the prisoner—I never say any in front.
Cross-examined. Q. Can you read figures? A. Yes, some of them—I have carried several things to Messrs. Noble's—I know I received these particular sums, because here is my signature on all these tickets.
MR. BALLANTINE. Q. Did you pay over the money you received to the prisoner? A. Yes.
HENRY WEEKS . I am in the service of Messrs. John and William Noble. On 19th Oct. I paid Fearn this bill of 8s. for cartage, also this one for 5s., another for 11s., and another for 3s.—I believe the amounts were not entered on them when I saw them—I do not recollect seeing any figures on the back.
Cross-examined. Q. How can you speak to the payment of these money? A. Because when they were delivered to me by the carman, I put the four amounts on the back of one bill—I know they were all presented at one time, because I entered it in the cash-book myself, immediately after paying him—no one else pays money.
GUILTY .— Confined Six Months.
(There was another indictment against the prisoner.)
JAMES MORRISS . I am chief mate of the Lucerne, lying in the St., Katherine's Dock. the prisoners were on board—I heard something, went into the forecastle, and found all the chests locked—I had them unlocked, and found two bottles of champagne and some gin in Clark's chest, and a keg of brandy in Stuart's chest—we had champagne and brandy on board, in William Bolt the captain's charge—the bottles correspond—the brandy was in hogsheads, it corresponded as far as we can judge—a cask was spiled and some gone out of it—the men are not allowed to have champagne or brandy in their chests—three champagne-cases were broken open.
JAMES GREGG . I belong to the vessel. On the night before this, I saw two men go up with a bucket, they were away half an hour, came back, handed it down again, and poured something out of it into bottles.
Clark's Defence. I picked up two bottles of champagne and put them into my chest; about half an hour afterwards a man picked up a bottle in the forehold and gave it to me, I drank it.
CLARK— GUILTY . Aged 24.
STUART— GUILTY . Aged 25.
Confined Three Months.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 21.— Transported for Seven Years.
WILLIAM HAMILTON . I am a warehouseman, and live at Artillery-lane, Bishopsgate. On 15th Jan., about half-past two o'clock, I saw the prisoner following a gentleman down Cornhill, he put his hand into his pocket, took a box out, and made off—I followed, he struck me in the face, I fell, got up again and pursued him—he fell down, and was taken by Hill—the box was found close by him—I have not been able to find the gentleman.
WILLIAM HILL (City policeman, 405.) I heard a cry of "Stop theif!" and saw the prisoner and Hamilton running—the prisoner fell down by Mansion-house-place—I took him, and found this box by him—it has been advertised, but we cannot find the owner—Hamilton made the same statement that he does now.
Prisoner's Defence. Two men asked me to buy the box; I gave them 2s., and a pot of beer for it.
GUILTY . Aged 20.— Transported for Seven Years.
CLARA PAUL . I am single, and live at 25, Houndsditch. On Saturday evening, about a quarter past seven o'clock, I was in Houndsditch—I had a purse containing three half-crowns, and eight shillings—I missed the weight, turned, and saw a boy about the prisoner's height running—I followed—my purse has not been found—this is one of my shillings—(produced)—it has "L" on it.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Two Months
NEW COURT.—Monday, January 31st, 1848.
Before Edward Bullock, Esq. and the Fifth Jury.
GUILTY . Aged 40.— Confined Twelve Months.
(There were three other indictments against the prisoner.)
GUILTY . Aged 33.—Recommended to mercy by the Prosecutor.— Confined Four Months.
(There were two other indictments against the prisoner.)
EMILY STEVENS . I am in the service of Mr. John Jacob Isaacs, of Dorset-square. On Monday, a week before I was before the Magistrates, I was in the pantry down stairs, at one o'clock in the afternoon—the window looks into the front area—I saw the prisoner come down—I am sure it was him—he looked in at one pantry window, and then into the other, then lifted up the window which had been shut close, and took a spoon from a tea-cup and saucer which stood in the window—I saw the spoon in his hand—I asked him to give it me—he asked me if I had any old bottles to sell—I again asked him to give me it—he did not, but put it into his right pocket, and turned to go away up the area steps—I went to the front door, but no person was passing at the time, and he escaped—I am positive he is man—I saw him again at the Police-station—there were several other persons there, but I knew him immediately, and pointed him out.
Cross-examined by MR. PAYNE. Q. Had you ever seen him before I A. No; I was out of sight of the window, but close to it—I went to the Police-staton expecting to see the prisoner—I do not think I saw him more then half a minute when the spoon was taken—I have not seen it since—it was a shell pattern—it had no name or crest on it—it was in my care—I thought the person had the same coat on he has on now—I cannot tell whether he had a hat or a cap, or what waistcoat he had on—I only speak to his face.
Cross-examined. Q. Did you not say to her, "Come and you will see the man who took the spoon?" A. Yes.
NOT GUILTY .
EMILY HENDERSON . I live at 102, Gloucester-place, Portman-square. Dr. Drummond lives at 103—on Monday, 10th Jan., about two o'clock in the day, I was in George-street, nearly opposite where I live—I saw a person, not the prisoner, looking at my house, and apparently taking memorandums—I
afterwards saw a man on the steps of my own door—he put his hand on the railings and vaulted over to Dr. Drummond's area steps—I was then about eight doors off—I was not able to see who it was—I went to my own door and knocked, and I saw the prisoner in Dr. Drummond's area at the coal-celler door—I saw him put something into the pocket of a large jacket—he than walked to the area door, took out a pocket-book and pencil, and flourished the pencil about—I was looking very intently at him—I am sure he is the man—I was at the door five minutes—my servant came to the door—I pointed to the prisoner, and said, "There is a thief!"—I went into my house for a minutes or two, then came out and saw the same person running up the area steps—he pushed my servant aside, jumped over the rails again and ran violently away—I looked afterwards at Dr. Drummond's window, and saw a cream jug laying in the window on its side—there was no other plate there—I have not the slightest doubt that the prisoner is the man.
Cross-examined by MR. PAYNE. Q. You had the opportunity to observe him? A. Yes; I think there was not any one looking at him beside me—he looked round rather coutiously before he jumped into the area—I am sure the person I saw run away was the person I had seen before.
THOMAS WHEATLEY . I am servant to Mr. Henderson. About two o'clock, on 10th Jan., I answered the door—I found my mistress there—she told me there was a thief in the area of the next house, and pointed out the prisoner—I went to the area of No, 103, and asked him what he did there—he made no answer—I saw him take something out of his right-hand cost pocket, and put it in the window—he then came up, got over the gate, and ran away as fast as he could—I made an attempt to lay hold of him when he was getting over the gate, but did not did not succeed—I ran after him about 300 yards—I was close to him when the officer laid hold of him—he is the same person who was stopped, and the same who was in the area—I never lose sight of him.
ROBERT MULHAM (policeman, B 180.) On 10th Jan., about two o'clock I was at the corner of Adam-street—I heard a cry a of "Stop, thief!" saw the prisoner running towards me, and stooped him—Wheatley came up immediately—he said he had attempted a felony at 103, Gloucester-place—the Prisoner said, "You may search me, I have got nothing"—I took him back to 103, Gloucester-place.
ELIZABETH REEVES . I am house maid to Dr. Drummond, of 103, Gloucester-place, Portman-square, next door to Mr. Henderson's About eleven o'clock on Monday, 10th Jan., I brought down the breakfast's thing, and put them on the dresser in the pantry, which is near the window—there was a cream-jug with them, and some spoons—about two o'clock the area bell rang—I went down—the pantry window was then a little way open—(i did not notice whether it was open when I put the things there)—the cream-jug was just inside the window, laying on its side on some wine-glasses—that was not where I had left it—this is it—it is the property if Dr. Henry Drummond.
Cross-examined. Q. Who had care of the plate? A. George Wond—I think he was out when I brought the jug down—Dr. Drummond has other servants.
GEORGE WOND . I am in the service of Dr. Henry Drummond. About two clock on Monday, 10th Jan., I was at dinner in the kitchen with the other servants—the area bell rang—the under-housemaid told me something, and I went into the pantry—the plate was perfectly right in the pantry—the cream-jug was in the window—the window was shut, but was not fastened—the
policeman said he wanted the stolen plate—I said it was not stolen, it was all right—I afterwards went and brought up the cream-jug, and gave it to Dr. Drummond—he gave it to the policeman—this is it.
GUILTY . Aged 23.— Transported for Seven Years.
ABEL BIRCH . I am a furnishing-undertaker, and live in Middle-row, Knightsbridge. The prisoner came to me, on 25th Oct., with this bill for 10l. 9s. 6d. at three months after date, dated 7th Oct.—he wished me to make him an advance of 10l. on it—it purports to be accepted by Joseph Salmon, of the Red Lion, Tottenham Court-road, and is made payable at the Union Bank, Argyle-place—I knew a Mr. Salmon, who kept a public-house at Knightsbridge, thirty years ago—I gave the prisoner this check for 10l.
Cross-examined by MR. BALLANTINE. Q. Had you known him before? A. Yes; I discounted a bill for him of 9l. 19s. 6d. at the beginning of Aug.—my sons knew the prisoner, and had done business for him—he had kept a public-house—I had a good opinion of him—I believed him to be a respectable man.
JAMES WEBSTER JONES (policeman, B 59.) On 21st Dec., Mr. Birch, jun., tole me I was to take the prisoner for forgoing some bills of exchange—the prisoner said it was a bad job—I took him—there was a Red Lion in Tottenham Court-road some years ago, but there is not now—it has been a coffee-shop some years—no such person as Joseph Salmon is known there.
Cross-examined. Q. Did you go into the coffee-shop? A. Yes; I gained no information.
NOT GUILTY .
ABEL BIRCH . I am a furnishing-undertaker, at Middle-row, Knightsbridge. On 27th Sept. the prisoner came and brought this bill, at three months, dated 4th Sept., accepted by Anthony Harrison, payable of the Lord Nelson, King's-road—I have known him between twenty and thirty years—the prisoner asked me to give him the difference, deducting a bill I had of him in the early part of August—I gave him 9l. 6s.—I was induced to do so from the knowledge I had of Mr. Harrison, who had just retired from business.
ANTHONY HARRISON . I kept the Lord Nelson—I left it on 13th May—I live in Queen's-cottage, New-road, Hammersmith. I know the prisoner—he kept the Lowndes Arms public-house—the acceptance to this bill is not my writing, and it is misspelt in two places.
Cross-examined by MR. BALLANTINE. Q. How long have you know the prisoner? A. Several years—I thought him a respectable man—I never had any bill transaction with him.
(Edward Rowe, of the Boar's Head, Exeter-street, gave the prisoner a good character.)
GUILTY . Aged 56.—Recommended to mercy by the Jury.— Transported for Seven Years.
568. THOMAS SCRIVEN , stealing 10lbs. weight of sugar, value 4s.; 30zs. weight of tobacco, and 1lb. weight of soap, 3s.: also, 60zs. of tobacco; and 50zs. weight of sugar, 1s. 7d.; the goods of George Baynham, his master; to which he pleaded
GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 35.— Confined Six Months.
OLD COURT.—Tuesday, February 1st, 1848.
PRESENT—Mr. Ald. KELLY, Mr. Ald. HUMPHERY, Mr. Ald. GIBBS, Mr. Ald. SIDNEY, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
570. JAMES TYTLER , stealing 2 looking-glasses and frames, value 6l. 12s.; 4 chairs, 3l.; also, 1 music-stand, 1 washhand-stand, 1 knifeboard and 1 tea-caddy, 1l. 15s.: also, 1 table and 1 chest of drawers, 9l.: the goods of Arthur Wilcoxson and another, his masters; to all which he pleaded
GUILTY . Aged 22.— Confined One Year.
GUILTY . Aged 21.— Confined Six Months.
NOT GUILTY .
MR. BALDWIN conducted the Prosecution.
WILLIAM HOLLY . On Friday night, Jan. 14th, I slept at the Grorge, at Sunbury—I had three sovereigns and a half in a bag—next morning I gave the landlady a sovereign, to pay for my breakfast—she brought me a half—sovereign and some silver—the prisoner was there—there was no one else there—I asked him to have a bit of breakfast—he had some—we had some beer—while drinking it, I felt his hand in my pocket—he took 2d. out—I put my hand on his arm, and said, "Keep your hand out; if I find it there, old as I am, I will knock you down"—I went to sleep about hald-past eleven o'clock, and awoke at half-past twelve, or one—there was no one there—I fell against a chair, and hurt my knee and head—I was put to bed, and a
doctor came—something was then said, and I felt in my pocket, and missed my bag and money, one shilling was left, sticking in a knife—my bag was made of an old pair of trowsers—it had been white, but was black when lost.
CHARLOTTE TIDBURY . I am single, and live at Sunbury. On Saturday, 17th Jan., about half-past one o'clock, the prisoner came to my house, and sent for a pot of beer—he took a half-soverign out of his pocket, and gave it to his sister, and a sovereign to his mother—he did not show any other money—he threw a dirty—coloured bag on the fire—in about half an hour he went out into a beer-shop—I went to him, and said, "I hope you will take care of your money"—Mr. Rolls came, and said there were two pints of beer to pay for—the prisoner took another sovereign and a shilling out of his pocket—she said, "I shall give you change out of the shilling, and detain the sovereign till Sunday morning."
Prisoner. Q. Did you see me throw the bag on the fire? A. Yes; your sister said, "Is not that your uncle Bill's purse?"—you said, "No; let that bag burn, or else you and I shall fall out.
GEORGE BOTTEN (policeman, V 285.) On 16th Jan. I searched for the prisoner at Sunbury, and found him asleep is a cottage—I told him the charge—he said he knew nothing of ant robbery, and would not go with me—I took him to the station, and found 18s. in silver, and 5s. is copper, on him.
Prisoner's Defence. I have been in constant work for eleven or twelve years, and received the money found on me for my labour.
GUILTY .* Aged 37.— Confined One Year.
MACHS HENOCH (through an interpreter.) 1 live at 24, Queen-street Whitechapel. On 10th Jan, I was in the Old Bailey, seeing a man hung—I felt somebody take my pocket-book out of my pocket—it contained 23s., a passport, and other things—I saw it in the prisoner's right hand, and saw him hand it over to somebody else, who went away with it—I laid hold of the prisoner and stopped him—I am quite sure he is the person.
Cross-examined by MR. PARNELL. Q. Where had you been all that night? A. In a coffee-house, facing where the execution was—I went there about twelve—I had come from home—I had had nothing to drink but coffee—I stayed in the coffee-house till between four and five in the morning—I had been out about a quarter of an hour when my pocket was picked—I cannot say what sort of a man it was that the prisoner handed the pocketbook to—I stopped to see the man hanged.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. CLARKSON, BODKIN, and CLERK conducted the Prosecution.
CAPTAIN GEORGE SPONG . I am a commender in the Navy. On 11th Dec. I went from Blackwall to Gravesend by a steamer, at twelve o'clock in the day—I had two carper-bags, one contained a good deal of property, among other things a diamond ring—I missed one of the bags when I got to Gravesend—there being very few persons on board, and I naturally took a
slight notice of those I thought bad characters, particularly of the prisoner Coates—I could not immediately swear to his having been on board, but I recognised him when I saw him in the prison—I have a very strong belief as to his being on board—about three weeks afterwards I received a communication and went to Marylebone Police-station, where I recognised my property—in consequence of somebody calling at my house in my absence and leaving a message, I went to see Coates in Newgate—he denied having sent me any message—he informed me that a ring, which I was most anxious to obtain, was in pawn, in the name of Phillips, at a pawnbroker's in Whitechapel, which he described—I afterwards went there and found the ring.
Corss-examined by MR. ROBINSON. Q. You thought two or three persons on board were bery bad characters? A. Yea—I did not give any information about that to any policeman—that struck me when I went on board—I think there were not more than twenty persons on board altogether—I was in the after-part of the vessel the whole time
MR. CLARKSON. Q. Where was your bag? A. Lying on deck, accessible to anybody on board.
THOMAS HARDWICK (policeman, D 7.) Both the prisoners were in the police force; Coates in the H division, and Swarman in the D division—I should say that Coats was in the police up to within about two or three months of 22nd Dec.—Swarman was about nine months in the D division, up to last Thursday week—he was discharged before he was taken into custody—in consequence of information, I went down to Cheltenham on 22nd Dec.—I found out Coates' lodging there, and took him into custody—on searching his room I found these two pins, these brushes, and waistcoats—they were in a box in a portmanteau, which Coates pointed out to me as his—I said, "Where are the carpet bags?"—he said, "Underneath the bed," and there I found three—I brought the property to London—information was given publicly, and Captain Spong came and claimed them—I found out that Coates lodged at 9, Anthony-street, Commercial-road—I went there and saw the landlady, Jane Swarman—she pointed out a room to me in the attics, and a box, in which I found this carpet bag, this duplicate referring to Mr. Johnson's, a pair of knitted slippers, a pair of scissors, a razor-strop, and other things—I was present when Swarman was taken.
GEORGE BONHAM . I am a pawnbroker, in High street, Whitechapel—I produce a diamond ring, pawned on 17th Dec. by Swarman, in the name of Charles Phillips, for 30s.—it is worth 5l.—I did not know him before.
Cross-examined. Q. You thought he was a very respectable looking person? A. Yes; there was nothing about him to excite my suspicion.
WILLIAM JOHNSON . I am assistant to Charles Johnson, a pawnbroker, in Providence-row, Finsbury-square—I produce some shirts, collars, and other things, pawned on 15th Dec., in the name of George Spong—that name is on the articles—I believe Coates to be the person—the duplicate produced by Hardwick is the one I gave.
MR. ROBINSON to CAPTAIN SPONG. Q. When you saw Coates in Newgate, did yoy offer him 1l. if he would tell you where the ring was? A. No.—nothing was said about money in Newgate—I do not believe I told him it would be much better for him to tell me, nothing of the kind—the day he was committed at the Mansion-house he said, "Captain, you are anxious to get a mourning-ring back; if you will give me 1l. I will tell you where it is"—I told that to the solicitor, and he said I had better have nothing to say to him, and nothing of that sort took place in the prison—I did not make him
any promise whatever—he said, "Captain, you are anxious to get back your ring? it is in pledge at so-and-so "—I said nothing to him before he said that—my solicitor was with me—I went by the Lord Mayor's permission.
JANE SWARMAN . My husband's name is Henry—we live at 9, Anthony-street, St. George's-in-the-East—Swarman lived at my house till he left to go into the police—Coates lived there also—I pointed out his room to Hardwick.
CAPTAIN SPONG re-examined. to the best of my belief I saw Coates on board, but I will not swear to either of prisoners—I have a strong impression that I saw them both—this ring is mine—it was in my bag—these articles from Cheltenham, and these from the Commercial-road, are mine, and were all in the bag which was stolen.
Cross-examined. Q. Is not it a very common carpet bag? A. Yes.
Swarman's Defence. Coates's luggage was brought to my lodging on 17th Dec., I was on duty at the time, and also when the robbery was committed, and when the ring was pawned, as the policeman will prove.
THOMAS HARDWICK re-examined. The books do certify that he was on duty, but he was discharged last Thursday week, for neglect of duty, being absent in a public-house one hour—the books signify that the men are supposed to be on duty—he ought to be on duty from ten to three o'clock—the entry is made at the time the men go out—when they come back they enter themselves "all right"—a sergeant goes out with the men, but on that day the sergeant was engaged here—the prisoner said before the Magistrate that he could prove he was on duty on the 17th, when the ring was pawned—he did not say he was on the 11th—I can prove he was on duty at Paddington at three o'clock, in his uniform.
Swarman. I did state I could prove I was on duty on 11th.
JOHN ROWLEY (police-inspector E.) The rules of the "D" division are the same as ours—Swarman would be seen on parade about nine o'clock in the morning by the inspector—the men would be then sent out with the sergeant, but there was no sergeant on this occasion—an acting-sergeant was appointed for that morning—it would be his duty to visit the men in the course of the morning, and to report them if absent.
COATES— GUILTY . Aged 21.
SWARMAN— GUILTY . Aged 21.
Transported for Seven Years.
576. JAMES COATES was again indicted for stealing 2 carpet bags, 1 gown, 3 collars, 1 veil, 1 neck-chain, 2 frocks, and other articles, value 30l., 18s.; the goods of the London and Blackwall Railway Company.
MESSRS. BLARKSON and BODKIN conducted the Prosecution.
GEORGE FREDERICK WHITE . I am a merchant, and live in Millbank-street, Westminster. On 11th Nov. 1 was at Blackwall, coming from Gravesend—I gave my two carpet bags, and a small parcel, to Durell, a porter—I did not see where he put them—I missed them when I got to Fenchurch-street—I went back by the next train, and found they had been accurately forwarded—on 21st Dec. a communication was made to me, I went to the station, and saw my property—I do not know the prisoner.
the luggage-carriage, and the parcel into another carriage—I stood by it, and am certain it went from Blackwall—I lost sight of the train when it was inside the Poplar-station.
THOMAS HARDWICK (policeman, D 7.) In consequence of information I went to the prisoner's lodging, in Anthony-street, and found a box locked—I broke it open, and found a quantity of linen in it, two empty carpet bags, three padlocks, such as are used for carpet bags, four duplicates, three pairs of drawers, two petticoats, three pinafores, two pairs of shoes, two pairs of stockings, one knife, a basket of toys, and a white veil (produced)—I brought them away with me—I then went to Cheltenham—I got there about two o'clock in the morning, and went to the prisoner's mother's house—I waited till the house was open, between seven and eight o'clock, then went in, and found the prisoner in bed—I said I wanted him, on suspicion of a robbery at the Blackwall Railway—he said he knew nothing about it—I took possession of a leathern portmanteau, and some other things—I asked him where the carpet bags were—he pointed, and said, "There they are, under the bed"—I found these three bags there (produced)—I also found some knitting articles, a pair of stockings, and a handkerchief—Mr. White claims them—the prisoner escaped from me—I and another constable retook him in the fields, trying to get away.
WILLIAM PARDOE BIDDLE . I am assistant to Mr. Soames, a pawnbroker, in Brick-lane. One of these duplicates is the counterpart of one from our shop—it is for this shawl, pawned by the prisoner on 11th Nov., in the after part of the day (produced.)
Cross-examined by MR. ROBINSON. Q. Had you ever seen the prisoner before? A. Once; two or three weeks before—I saw him with other pri—soners at the Mansion-house, and recognised him immediately.
Cross-examined. Q. You know nothing of the date but what you see on the ticket? A. No.
GEORGE WOOD . I am assistant to Henry Wood, a pawnbroker, of the City-road, I produce articles pawned on 22nd Nov.; I do not know who by—this ticket corresponds with mine; I wrote it—I did not take the articles in—I gave the ticket to the person.
GUILTY . Aged 21.— Transported for Seven Years more.
(There were two other indictments against the prisoner.)
577. WILLIAM GIBBS, alias SMITH , and THOMAS CULLINAN , stealing 1 box, value 6d.; 2 half-crowns; 8 shillings; 4 sixpences; and 12 halfpence; the property of James Taylor; having both been before convicted; to which
GIBBS pleaded GUILTY . Aged 16.— Transported for Seven Years.
ANN PRISCILLA TAYLOR . I am the wife of James Taylor, and live in Baker-street, Enfield. On Saturday, 1st Jan., About six o'clock, I was in-doors—I had seen the two prisoners, about two hours before, going up the street together—I shut the door, and went into the parlour—the boy, Street,
came, and asked me if I had lost anything—I went into the shop, and found the till on the floor, and all the money gone, except a few halfpence—there had been about fifteen shillings in it, in half-crowns, shillings, and sixpences—I had seen the till safe about three minutes before.
THOMAS STREET . I am a chimney-sweeper, and live near Mr. Taylor. On 1st Jan., about five o'clock, I saw the two prisoners a short distance from Mr. Taylor's—I passed them, and went in doors—I afterwards came out, and went to Mr. Taylor's shop-window—I then saw Gibbs come, on his hands and toes, from round by the till—Cullinan was a short distance from the shop—I said to Gibbs, "Halloa!" and he made the same answer—I ran after him, and asked him to stop; he would not—I came back, and as I put my foot on the step of Mr. Taylor's door, Cullinan ran by, and said, "You b—b—, I will give you something;" and he directly ran away in the same direction as Gibbs—I gave information to Mr. Taylor and the police-sergeant, and went and called my brother out—I took Gibbs, and gave him in charge to my brother—the officer took Cullinan.
Cross-examined by MR. HORRY. Q. How far was Cullinan from the shop when you saw Gibbs come out? A. Five yards—he was not looking in at ant shop—I could see him by the lamp of the window—I was inside the shop when I saw Gibbs; he ran out, and I after him—I had seen Cullinan before, in the afternoon, and took notice of him—he was standing still, by the shopdoor, when he made the remark to me; he did not run against me, or stumble.
CULLINAN— GUILTY . Aged 18.— Transported for Seven Years.
NEW COURT.—Tuesday, February 1st, 1848.
PRESENT—Mr. Ald. KELLY; Mr. Ald. SALOMONS; Mr. Ald. FINNIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Sixth Jury.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
THOMAS HUNTER WHEATLEY . I keep the Three Jolly Butchers, Princesrow, Newport-market. On 18th Jan., the prisoners came to my house, about a quarter before ten o'clock—Morgan called for a pint of porter, which came to twopence—he put down a shilling; I suspected it—before I gave him the change he asked to be shown the water-closet—I pointed it out, and after he was gone, examined the shilling, found it was bad, and sent for a policeman—I detained Jenkins, and gave him into custody—I gave the bad shilling I had received from Morgan to the constable—Jenkins was sitting on a form in front of the bar, when Morgan gave it to me—neither of them got the change.
SAMUEL LESTER . I am a copper-plate printer. On 18th Jan., I was at the Three Jolly Butchers, I heard something had happened, and came out of the parlour—there was a talk about had money being passed—I saw Jenkins there; he moved his left hand, and a shilling struck me on the foot—I took it up and threw it on the bar—the policeman took it.
Jenkins. It staid on the bar about five minutes. Witness. It staid about one minute—I am sure the officer took up the same shilling.
JAMES STRINGER (policeman, C 193.) I was called, and took Morgan in the water-closet—I received a shilling from Wheatley—I searched Morgan at the station, and found this other counterfeit shilling in his watch-pocket, by itself, and 4s. 6d., in good money, in his other pockets.
THOMAS EVAN JONES (policeman, C 33.) I took Jenkins—I searched him at the station, ad found 6d. in silver, and 5 1/2 d. in copper—I took posession of this shilling, which was on the counter at the Three Jolly Butchers.
Morgan's Defence. I put the shilling into my watch-pocket, for the express purpose of getting my breakfast next morning; I do not deny giving the shilling, but I probably received it in a public-house or coffee-shop.
MORGAN— GUILTY . Aged 20.
JENKINS— GUILTY . Aged 21.
Confined Twelve Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
DINAH CREES . I keep the Haberdashers' Arms beer-shop, Milton-street. On Saturday evening, 22nd Jan., about half-past eight o'clock, the prisoners were in my back room—I cannot say whether they came in in company, but they were both there drinking together—Holmes came to the bar, and gave me half-a-crown, to pay for two pots of beer—I gave it to my son James—I had not then any other half-crown—after that I went into the parlour to stir the fire—I saw Clark there—he paid me for two other pots of beer with another half-crown—I gave that to my son to look at—it was bad, and was returned to Clark—my son then looked at the half-crown I had received from Holmes—we found that was bad—I went to the parlour to look for Homes—he was going out to the water-closet—my son went for a constable—while he was gone Homes went away—the constable came, and took Clark—on the Monday morning Homes came again, and asked for my son, and was given into custody—the half-crown I received from Homes was given to the officer.
Homes. Q. Who was standing at the bar when I gave it you? A. My son—I put it into the till—I did not know it was bad—there was no other half-crown there.
JAMES CREES . I am the son of Dinah Crees. On that Saturday evening my mother gave me a half-crown—I had no other—about an hour and a half afterwards my mother showed me another—it was bad—I gave it back to Clark—I then looked at the first half-crown—it was bad—I took it to the station when I gave Clark into custody, and gave it to the policeman.
DANIEL BLAY (City policeman, 159.) I was called to the Haberdashers' Arms—I took Clark, and took this half-crown from him—he had 2d. besides—I received this other half-crown from Mr. Crees—Clark said he had received the half-crown, as part of his wages, from Mr. Shaw, of London-wall, that might.
Clark. I said I used to work for Mr. Shaw; I said I worked on the Blackwall Railway five days in the week. Witness. You said You worked for Mr. Shawl—I went to him on the Tuesday.
Holmes's Defence. I played a game at cards, and lost a shilling, and then half-a-gallon of beer; I paid the half-crown for it; on the Monday morning I heard the police were looking after me; I went, and asked for Mr. Crees; he gave me in charge.
Clark's Defence. I played, and lost half-a-gallon of beer; I pulled out the half-crown to pay.
HOLMES— GUILTY . Aged 20.
CLARK— GUILY . Aged 17.
Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
EMMA EARDLEY . I am the wife of Andrew Eardley, of the king's Arms, Roll-buildings, fetter-lane. On Tuesday night, 18th jan., the prisoner came, with a companion, between nine and ten o'clock—he called for a pint of porter, which came to 2d—"he put down a bad shilling" on the counter—I took it up, and said, "This is a bad shilling"—I said to my servant, who was by the prisoner's side, "William, call your master; here is another bad shilling"—my husband came down—I held the shilling in my hand, and either my husband or the servant took it, but it was in my sight—My husband put it into his teeth, broke it in half, and said to them, "You may think yourselves lucky that I am busy, or I would take you to Brow-street; pay for the beer, and go about your business"—the prisoner produced a good shilling, paid for the beer, and went away.
Prisoner. Q. Did not husband throw it behind the door where I was standing? A. I would no swear what become of it that night—I was engaged with other customers—I afterwards received half of a shilling from my husband, and gave it to the officer.
WILLIAM MAYNARD . I am servant to Mr. Eardley. On the evening of 18th Jan., the prisoner and another man came in, they asked for a pint of porter—the prisoner put down a shilling—my mistress told me to call my master—I took the shilling out of her hand, and gave it to Mr. Eardley—he broke it, threw it behind the door, and told the prisoner and his companion to go off.
Prisoner. Q. Was the door by the side of me? A. Yes—I did not state that my master picked up part of the shilling the next morning.
ANDREW EARDLEY . I was called into my bar—I found my wife there—I broke the bad shilling, and threw it behind the door—I picked one half up afterwards, and put it into my waistcoat pocket—I gave it to my wife on the Monday.
Prisoner. Q. Was it not stated that we had been to a walked-match? A. Yes, and I said, "I am very busy of you should walk up to Bow-street,
JUDITH BOSPIDNICK . My husband is a dairyman, at Museum-street, Bloomsbury. On the 19th Jan., the prisoner came and asked for half a pound of butter—he gave me half-a-crown—I gave him 2s. in payment—I put the
half-crown in the till—there was no other half-crown there—in about half in hour the prisoner came back—he had some butter od my husband—I heard my husband say to him it was a bad shilling—the prisoner left his hat, to go and fetch a good one—he returned in about ten minutes, and paid my husband 4d. for the butter—he took up his hat went away—the moment he went out looked at the half-crown which he had padded to me, I found it was bad—I gave it to the policeman—my husband went out, and shortly afterwards I saw the prisoner in custody at the station—he said, "Don't transport me"—I said, "Produce the shilling"—he said he had burnt it, and said, "Don't transport me, look at me again."
MR. BOSPIDNICK. I am the husband of Judith Bospidnick—I was not at the shop when the half-crown was passed—I came in as the prisoner came in with the shilling, and I served him—I saw in as the prisoner was bad, and I returned it to him.
HENRY BINGHAM (policeman, E 153.) On 19th Jan. I took the prisoner in church-lane, on a charge of uttering a bad half-crown—he was taken to the station—Mr. Eardley saw him there—she charged him with uttering bad money—she gave me this half of a shilling—I also received this bad half-crown from Mr. Bospidnick.
Prisoner's Defence. I and a young man went to see a man walk; we went to have a little beer, and some gin in it; we both won a little money at the walking-match; I took out a shilling and gave it; I never uttered the half crown: the woman might have been mistaken at half-past five o'clock in the evening.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution
JANE GATLIFF . I keep a stationer's shop in Chancery-lane. On 27th Jan. the prisoner brought a sheet of foolscap paper, and an envelop—they came to a penny—he gave me a shilling—I gave him change—he ran off very quickly—I looked at the shilling, and found it was bad—sure it was the one I received from him—I kept it apart from other money, and ultimetely gave it to Bateman—next day the prisoner came again—he wanted a stick of sealing-wax, it came to penny—I held the wax in my hand, he was going to give me a shilling—I said it was bad, looked at it, and found it was bad—he said it was not—I sent for the officer, Dunn—I gave him one of the shillings and the other officer the other—the prisoner asked me to have mercy—I had put the first shilling with a bad half-crown, and a bad sixpence; not with any good money.
JAMES DUNN (policeman, F 134.)On Friday, 28th Jan., between four and five o'clock, I was in Chancery-lane—I was called to Mr. Gatliff's shop and saw the prisoner there—she gave me this bad shilling—she said, in the prisoner's hearing, that he had passed on the day pervious—he said it was false.
Prisoner's Defence. A gentleman asked me to carry his box; I carried
it; he stopped by Chancery-lane, and said, "Here is a shilling, to get a stick of sealing-wax"—I went, and they kept me till the officer came.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
JANE CUTMORE . I am the wife of William Cutmore, a baker, of Grafton-street, Soho. On Sunday morning, 17th Jan., the prisoner came for a halfquartern loaf—she gave me a half-crown—I gave her 2s. 2 1/2 d.—I put the half-crown with the pound's worth of silver that I had taken the change from—there was no other half-crown there—it remained there till the evening—I then looked at it, it was bad—I took it from the pounds worth of silver the next morning, expecting she would come again—I gave it at last to the policeman—On Monday, the prisoner came for half a quartern of flour—she gave me half-a-crown—I took it up, it was bad—I asked her if she was aware she was passing bad money—she said, no she was not, she had it given her—T told her she had passed one on the Sunday—she denied it first, and then acknowledged it, and hoped I would forgive her—I sent for Peisley, and gave him the two half-crowns.
Prisoner's Defence. A gentleman gave me the half-crowns; I did not know they were bad.
GUILTY . Aged 16.—Recommended to mercy by the Jury.
Confined Four Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
CHARLES BRETT . I am a greengrocer, at Lower Rosoman-street, Clerkenwell. On 15th Jan., the prisoner came to my shop at a few minutes after ten o'clock in the evening—she bought some fish which came to 4d., and gave me a shilling—I said, "I think this is a bad shilling"—she said, "No"—I said, "It don't look like a good one"—she said, "It is quite a good one, give me the change"—I put it into my waistcoat pocket, doubting whether it was good—I had no other money there—I went to a house in the neighbourhood on business—I called my mother to look after my shop—the tole me something on my return—I went after the prisoner, who was then gone—I found her a few doors off, walking away—I said, "This is a bad shilling you gave me"—she said it was no such thing—I said, "Yes it is, and you know it, and if you don't give me another I will give you in charge"—she put her hand into her pocket. and took it out closed—I thought she was going to strike me, but she threw a piece of money away—I saw some money in her hand—the officer came up, I told him, and gave him the shilling—he took the prisoner to the station—I had before that spoken to Jenkins, a constable, on the opposite side of the way—I told him what I had seen the woman de with her arm, and described the place.
MARY BRETT . On Saturday night, 15th Jan., my son went out and left me in charge of the shop—I saw the prisoner there—she asked me for some potatoes, and gave me a shilling—I said, "I don't think this is good"—she said, "Yes it is"—I showed it to a young man in the shop, he bit it into
there pieces—he scolded her, and told her she ought not to do it—he offered the pieces of the shilling to me—the biggest piece went into my hand—the other two went into the prisoner's hand—while I was looking at it the prisoner took it out of my hand, and appeared as if she put it in her pocket—I do not know what became of the other two pieces—I took the potatoes from her and she left.
WILLIAM SELL . I am in Mr. Brett's service. I bit the bad shilling into three pieces—I was about to give them to Mr. Brett, the prisoner made a grab at them—to the best of my knowledge she gor possession of two of the pieces—the largest piece went into my mistress' hand—this is it—it is bent.
Prisoner's Defence. I had been out and take one shilling; I know nothing about the other.
GUILTY . Aged 28.— Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
CHARLES HARE . I keep a grocer and cheesemonger's shop in Marylebone. On 18th Jan. the prisoner came for half an ounce of tea, it came to 1 1/2 d., she gave me a shilling—I told her it was had—I bit it nearly in two—she said she had taken it over the way in change for a quartern of gin—she gave me another—I found that was bad—I said, "You did not take this at the shop over the way, did you?"—she said "Yes"—I went to the door and called to some person to tell the persons from the shop to come over—they said they could not, as there was only one person there—I turned my head, and the prisoner had got the first shilling, which I had given her back, in her mouth—I took her over to the shop, and all of them said they had not seen her that day—she then said that she had a little boy for the gin—she paid me 1 1/2 d. for the tea and went away—I followed her, met a policeman, and gave her in charge—I gave the officer the second shilling—I do not know what became of the first one after I saw it in her mouth.
JOHN SERGENT (policeman, E 45.) On Tuesday, 18th Jan., I received the prisoner from Mr. Hare, who gave me this shilling—as we went to the station, the prisoner said she had received the money, in change for half-a-crown, at the Ship.
Prisoner's Defence. I sent a little boy for half-a-quartern of gin; he brought me the shillings in change; I went for the tea and gave the shilling.
GUILTY . Aged 22.— Confined Six Months.
GUILTY .— Confined Four Months.
586. MARY ANN MURRAY ", stealing 1 counterpane, 1 set fire-irons, 2 sheets, 1 table-cover, 2 pillows, 2 pillow-cases, 1 bolster, 1 blanket, 1 spoon and 1 toilet-cover, value 2l.; the goods of Patrick Riordan; to which she pleaded
GUILTY . Aged 22.— Confined Six Months
GUILTY . Aged 18.— Confined Four Months.
GUILTY .— Confined Two Months.
GUILTY . Aged 20.— Confined Two Months.
590. GEORGE HARDING , stealing 1 weighing-machine, value 2s.; 1 till, 2s.; 1 half-crown, 2 shillings, 1 sixpence, 2 groats, 41 pence, 72 halfpence, and 10 farthings; the property of David Cunningham; to which he pleaded
GUILTY .— Confined Sir Months.
GUILTY . Aged 21.— Confined Four Months.
GUILTY .— Confined Four Months.
GUILTY .— Confined Four Months.
MR. PARNELL conducted the Prosecution.
JOSEPH DALTON (City-policeman 366.) On 6th Jan. I was on Holborn-hill, in plain clothes—I saw' the prisoners and another woman standing together round a linendraper's window—I followed them down Holborn-hill, Farringdon-street, and Ludgate-hill, trough St. Paul's Church-yard—they tried several pockets—they went down Cheapside by two and—they met Miss Bamfield, and turned back—Mary Ann Smith and Swinton walked on in front of Miss Bamfield, the other two were a little behind—Ann Smith put her hand in Miss Bamfield's pocket, pulled it out, and put something in her bosom—the fourth person was walking behind, covering her—the prisoners and the other woman turned round and went back—I spoke to another officer, and went after the prisoners—I came up with them ten or twenty yards off—they were coming towards Bow Church again—I pushed Mary Ann Smith and Swinton into a shop.
Mary Ann Smith. Q. Did you say you watched us all together? A. Yes; I knew them all four before—I had seen them in company before.
THOMAS BARNES (City policeman, 448.) I was on duty in cheapside—about a quarter before five o'clock Dalton spoke to me; I went with him after the prisoners and another person—they were in company—I took hold of the arm of Ann Smith and the one who is not in custody—they made a struggle—Ann Smith left her shawl in my hand, and ran towards Bow Church—I saw her put her hand into her bosom—I left the other woman that I had hold of, and ran after Ann Smith—when she got to the corner of Bow Church she took her hand out and threw something down, which I heard chink on the ground—the sergeant came up and looked down—I had heard it fall—a man said, "I have picked up a purse"—he went to the station and gave it up to Dalton—this is it.
ELIZABETH BAMFIELD . I am single. I was in Cheapside about a quarter past five o'clock in the evening of 6th Jan.—Dalton came up to me—I put my hand in my pocket and found I had lost my purse—this is it.
ANN SMITH— GUILTY .
MARY ANN SMITH— GUILTY .
SWINTON— GUILTY .
Confined Twelve Months ,
ELIZA PRICE . I am the wife of William Price, a city policeman. I am housekeeper at the station in Smithfield—the prisoner was servant there—I looked in her box and found these handkerchiefs—she was present.
Prisoner. I put them by, till the owners ask for them; I then give them up. Witness, The prisoner does not look after the premises that I am aware of—I do not know whether she might take my handkerchief if I left it about—the last time I saw it it was in my plain clothes coat pocket, in the mess-room on the Sunday, a week before—I could not swear that I left it is my coat pocket—I had not asked the prisoner for it; I had mearly called out, "Has any one got my handkerchief?"
Prisoner's Defence. I moved the things, as I have done before, and give them up when the owners ask them; I had no idea of stealing them; I think it is mere revernge that has brought me here.
ELIZA PRICE re-examined. The prisoner's box is not the place for things to be put—she has strict orders that any thing that is found about is to be given up to me, and I have to report to whoever may have lost such an artiles—she was not very willing that I should search her box, she said I might do it—it was not locked—she has not given me things before; she has appropriated them to her own use—things left in the cells have been taken by her—I asked her if she had seen any silk handkerchief about belonging to Tillcock—I did not know the colour of it—she did not tell me that she had any silk handkerchief.
GUILTY .— Confined Three Months.
(There were three other indictments against the prisoner.)
GUILTY Aged 30.— Confined four Months.
OLD COURT.—Wednesday, Feb., 2nd, 1848.
Before Edward Bullock, Esq. and the Third Jury.
597. HENRY OSBORNE, EDWARD SMITH, SAMUEL SMITH , and THOMAS TOMS , burglariously breaking and entering the dwelling-house of Charles Martin, at Hayes, in the night of 10th Jan., and stealing therein 6 spoons, value 17s., the goods of Charles Martin; and 1 writingdesk; 1 brooch, and other articles, value 3l. 10s.; the goods of Charles Martin the younger.
MR. BALLANTINE conducted the Prosecution.
CHARLES MARTIN . I keep the Wolf at Norwood-green, in the parish of Hayes—a benefit society is held at my house on Monday nights, On 10th Jan. the club broke up about half-past one o'clock in the morning—the prisoners were alone in the tap-room drinking—they did not belong to the club—they did not have much drink, but appeared a little tipsy—the two younger prisoners got up a disturbance, and I was obliged to clear the house—I got rid of them and of the members at the same time, at half-past one, or a little before two—after I had cleared at the same time, at thought, my wife and my son went up stairs; my wife called me, and I found my son's bed-room window broken, and some of the drawers in my wife's bed-room broken open—there had been four silver tea-spoons and two silver table-spoons there—I missed them—these are them—(produced)—I had seen them safe a day or two before—I am certain the drawers and window were safe in the early part of the evening—Osborne came in the first time about twelve o'clock—he asked for some matches—I gave him about half-a-dozen, and he left—I said, "Are you going home, Henry?" he said, "I think I shall"—he was absent about a quarter of an hour, returned, and asked me to let him have a candle—I sold him one—he asked for some more matches; I gave him some, and said, "Why, I gave you some matches a little bit ago"—he said, "I have lost them"—he left, and was away about the same time—Toms and Edward Smith were singing and making a great noise in the tap-room—Toms and both the Smiths wanted to get into the elub-room.
CHARLES MARTIN , Jun. I am the son of last witness, and life with him. I was in the tap-room about twelve o'clock—Burrows told me something about half-past twelve, and I went out and saw King—he went round to the back of the house with me—we saw nobody—I returned to the house, and after some time the two Smiths came to the club-room door, and tried to go in, but were not allowed—I afterwards saw Samuel Smith and Toms sitting in the tap-room singing—the other two had left—they returned, and there was a disturbance between all the prisoners and several of the club, and the house was cleared—when I got up stairs I found the first-floor window, which looked out on the back part of the house, had been broken—it is about seven feet from the ground—I missed a writing-desk, containing a gold brooch, a ring, and other things, and a small box, containing some brushes, handkerchiefs, and two bottles, one containing gin, and the other some kind of spirits, I do not know what—I found a pocket-knife on the
table in my room—I looked round the house, and found these six spoons immediately under the broken window—I went with a constable, between seven and eight o'clock next morning, and searched Smith's cottage—in going up stairs I found part of a broken bottle of exactly the same sort as mine—I found the other parts of it under and alongside the bed—it had a very faint smell, I could not tell of what—I found three of my handkerchiefs in the garden, on the premises, about thirty yards from the house.
Toms. Q. Do you know what time I came? A. Not exactly—I cannot say if the house was broken before you came or afterwards—it was safe at six o'clock—the handkerchiefs were found in Stapleton and Thorne's brick-field, hidden under some grass in front of the house—the mould had been taken out, and the grass hung over—I saw about half-a-dozen men at work on the other side of the field that morning—none of them were in my house the night before.
RICHARD BURROWS . I am a member of the club. On the night of the robbery I saw the prisoners at the house before twelve o'clock—I had seen Osborne, and Edward and Samuel Smith, an hour before—about half-past twelve I went to the back of the house—I heard some one talking, and saw some one under the window—I went up to see who it was, and saw Osborne and Edward Smith close to the window—it was dark—I could not see that it was broken—I asked who it was—they made no answer—I went up—Osborne came to me, and smith stepped back into the corner—Osborne said he had been to Mr. Westhrook's, of North Hythe, for a drag—they both went into the house with me—there was a disturbance in the house, and I left about half-past two o'clock—Edward Smith went with me—when we got to the bridge, Osborne came up—they then left me—I saw them on the bridge again a quarter of an hour afterwards.
Toms. Q. Smith had been knocked down and kicked; here are the marks on his face now; did not you see me leading him? A. Yes.
JAMES KING (policeman, G 34.) On 12th Jan., about seven o'clock in the morning, I received information of the robbery, and went to the prisoners' lodgings—they are adjoining cottages, and are about a quarter of a mile from the Wolf—Toms and Osborne live in the same cottage—I found Osborne in bed, and said he was suspected of a burglary—he denied all knowledge of it—I searched the cottage, but found nothing—I searched Smith's cottage, and found part of a bottle by the side of the bed, which Martin said was his—Edward Smith was in bed—Samuel was up and down stairs—young Mr. Martin gave me a knife, which he found—I found nothing on the prisoners.
JOHN SCOTNEY (policeman.) I received information on the 11th, about ten or eleven o'clock—I examined the room, and found some lucifers used, and same unused—they exactly correspond with some which the landlady has shown me—I went to the cottages, but found nothing—I found three handkerchiefs concealed under some grass in a field opposite the cottages—they were identified by Mr. Martin.
JAMES TEBBUTT . I keep the Black Dog, Southall-green. On Monday night, 3rd Jan., between seven and eight o'clock, Edward Smith was at my house—he produced this knife, which was passed from one to another to look at—I am sure this is it.
Edward Smith. Q. Did you ever see me in the house before? A. No.
Edward Smith's Defence. I and Osborne were on the bridge; we went back to have some more beer, but could not get in' we returned, and saw Osborne standing on the bridge.
NOT GUILTY .
Before Mr. Justice Coleridge.
598. LEYBE AARONSON, JACOB FRIEDEBURG , and RAPHAEL KAUFFMAN , feloniously, and without lawful excuse, having in their possession, and using, a certain stone, upon which was engraved part of an undertaking, purporting to be an undertaking for the payment of money of the Empire of Russia; and SOLOMON MUSCOVITZ feloniously inciting them to commit the said felony, and as an accessory after the fact; to which
AARONSON and MUSCOVITZ
pleaded GUILTY .
Recommended to mercy by the Prosecutors.— Confined Eighteen Months.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
SARAH MYERS . I am married, and live at 28, Bury-street, St. Mary Axe. In April, last year, Friedeburg came to live at our house—he left about the end of May, came again in the middle of July, and left in October—he had told me he expected his cousin from abroad—I have seen all the prisoners at his lodgings—Muscovitz lodged there, in another part of the house—Friedeburg said Kauffman was his cousin, and the expected him to pay him some money.
Friedeburg. Q. Did I leave in Oct.? A. Yes—I am sure you told me that you expected a cousin before Kauffman came, and before I saw any of the other prisoners.
GEORGE LAWRENCE LEE . I am a lithographic artist and printer, at 245, High Holborn, and sell lithographic materials. About the end of Sept., from 20th to 25th, Friedeburg and Kauffman came and purchases a lithographic stone of me for 2s.—this is (produced)—a day or two after they called and said they should want to hire a press—I showed them one, it was the smaller press produced—they were to deposit 4l., and pay 5s. a fortnight for the hire—they came again in the evening, and Aaronson with them—they paid the 4l. deposit—I signed this receipt for it, and gave it to Aaronson—I lent them a printing roller and another stone, an ink slab, and twenty scrapers, without any extra charge—they took the press away—I have two places of business, and my wife sometimes attends to one of them—she was not present when I lent the press—(receipt read—Received of Mr. Alexander, 4l., as a deposit on the loan of a small litho press, two rollers, ink-stand, and one lithographic press with two scrapers, to be lent for their use for a fortnight, from 25th Sept., 1847, for which 5s. us to be paid for the loan. GEORGE LEE.)—Alexander is the name Aaronson gave me—two or three days after, Kauffman called at my house, and said he could not make the press work—I offered to go to his place, to see it, and we went first to a house in Newton-street, Holborn, to a room on the ground-floor—I saw Friedeburg there—I do not recollect whether there was any one else—there was a German there—I asked to look at the press—they consulted a little while whether they should show it me or no—they agreed to do so, and Kauffman went with me to Short's-gardens, near Drury-lane—I was shown into a room up stairs, and the press was brought there by Kauffman from another room—the press appeared to have been tried—the handle was off, it was broken—I showed Kauffman how to use it, merely by putting a board under the stone to raise it to a sufficient height—this is part of the press (produced)—about ten days after I found this press had been returned to my shop, and another, a larger one was gone—I was not present at the time—I have since seen the larger one in the hands of the officer.
Friedeburg. Q. One morning we went with you to see the press at Short's-gardens? A. Yes—I was taken into your lodging as I passed—I did not
understand what you spoke about—I inferred what you were consulting about by your gestures—it was a short, thick-set man, a German, that brought the press into the room at Short's-gardens—I did not see any appearance of a lithographic establishment at you lodging in Newton-street—you did not go with us to Short's-gardens.
JULIA LEE . I am the wife of George Lee. About a fortnight after Mr. Lee had parted with the smaller press, I exchanged it to Kauffman and Friedeburg for the larger one—I lent them this stone for 3s. more, at the same time.
JAMES OLIPHANT . I am a stationer, at 47, Threadneedle-street. On 29th Sept. Aaronson and Kauffman came there and purchased two quires of paper—they consulted one another as to the quality of the paper—it was of two different kinds—I believe this (produced) is a portion of what I sold them—Aaron came again on 22nd Oct., and purchased the remainder of one of the sets of paper—it is the same sort as that on which the lithography is, and I believe it to be the same—he purchased all I had—he said he should most likely want some more of it, and I kept back a sheet as a sample—this is it.
ANN ELLSEY . I keep the house, 8, Queen-street, Soho, where three of the prisoners were apprehended. Aaronson and Friedeburg came on 4th Oct. to look at the apartments for a French gentleman, name Marchant, who could not speak English—that was Kauffman—the same evening a strange man, with Friedenburg, brought this press in a truck—Kauffman was not there till half an hour afterwards—only Kauffman lives there—after he came I saw Aaronson and Friedeburg every day—I cannot say exactly how long they remained—Friedeburg used to be there pretty well all day, on and off; but Aaronson used to come once or twice a day—there was a bench in Kauffman's room—I do not know who it belonged to—it was brought there with Kauffman.
Friedeburg. Q. Did I Aaronson speak to your lodger? A. You both spoke to him in French.
SAMUEL STRAKER . I am a lithographer, at 80, Bishopsgate-street Within, and sell lithographic materials. On 17th Sept. last Friedeburg and Kauffman came to my shop and purchased two lithographic stones for 3s. 6d.—this is the bill of parcels I gave to Friedeburg (produced)—he said he had no money to pay for them, that he had come out without his money, and he would step and get the 3s. 6d., which he did—Kauffman could articulate a few words in French, by which I understood that he had come from Paris, and that he was a poor artist, and he was about to do some lithographic work, and having no press, he asked me whether I would allow him to bring his work to prove—that is the technical term for taking an impression—I said he might do it—he did not come to do so—he came again on 29th Sept., with Aaronson, and purchased another lithographic stone, which was cut in three pieces—these produced are two of those pieces—I think Aaronson was the only person that could speak English, therefore he must have given the instructions to have it cut into three—he said his press was nine inches wide—that is an unusual size, and there was no alternative but to cut the stone—this is my bill for them (produced.)
Friedeburg. Q. Did not I ask you if you had any work for Kauffman? A. You made some causal remark of the kind.
only occupied one room, the back parlour—there was at first one bed in it—they wished for two, and another was prepared—Kauffman was in the habit of remaining in-doors all day—Friedeburg was in and out nearly all day—about a week after they came, I recollect a small printing-press coming—Friedeburg asked me if I had got any stone by me—I said, "No"—I gave him two pieces of board—he said he could make them do for a short time—he said he was an interpreter of foreign languages—Kauffman said he was a French wafer-maker—they were in the habit of working in their room in the daytime—the window of the room was accessible to the sight of any person—there was a muslin curtain to it, and Friedeburg asked for a thicker blind—Friededurg said he expected some stone, and asked me if I would take it in, if it came—Aaronson came to see them frequently—I suppose I have seen him six or seven times—I have seen him there twice a day—I have noticed when they were at home that their door was locked—I have several times gone to the door, and Friedeburg has unlocked it to answer me—that has occurred frequently—I cannot say whether they were both there then—I did not go in—I asked them for what I required at the door—I always found the door locked when I supposed they were working.
Friedeburg. Q. When did I leave the lodging? A. To the best of my recollection, it was 4th Oct.—you did not go out in the clothes you are now wearing—you wore a large morning coat, a wrapper—I do not recollect seeing Kauffman in any different clothes to those he now has on—I did not see any preparation for a press when I went into your room to make the bed—I saw the press go out—I did not see the stones come—you said you expected some letters from France, and when you received them you would be obliged to leave directly—I said it was a rule to have a week's notice, and you said it was a rule you were ignorant of—that was on the Sunday night before you left on the Monday—you paid me the rent on the Monday morning—it was due that day—I said, as you were ignorant of the rules of the lodging. I did not wish you to pay it, as you wished to leave directly—Aaronson came to you several times, and a lady and gentleman also came to the door—I knocked at your door, but only a strange man came out—I saw about thirty people coming to you backwards and forwards.
COURT. Q. Do you mean as many as thirty people came and saw Friedeburg? A. Yes—They appeared all foreigners.
DANIEL FORRESTER . I am a police-officer. On 15th Oct. I went with my brother, and two or three other constables, to 8, Queen-street, Soho—I knocked at the door—it was opened, and I proceeded to the third floor—I struck the door with a hammer, knocked it open, and saw Kauffman standing at the head of a small table—his face was towards me—he had a pair of scissors in his hand—Friedeburg and Aaronson were standing on my left, at the table—they were only looking on—these printed papers (produced) were on the table—I immedistely secured the prisoners Kauffman, Aaronson, and Friedeburg—in a bed in the room, between the clothing and the bed, I found this parcel of notes, and in a cupboard in the room I found this parcel—(producing them)—I found this other parcel in the lining or pocket of Kauffman's coat—I was obliged to cut it out—this printing-presa was open in the room, and several stones, which my brother took charge of—there were a great many other things brought away, most of which I believe he also has—I found a key on Friedeburg, which opened the door of 45, wardour-street, Soho, where he said he was lodging—on pulling off the bedclothes there, I saw some printed parcels, which my brother took possession of—this type
was found in the room in Queen-street—I have Kauffman's pocket-book—there was nothing in it connected with this case.
Friedeburg. Q. Did you try to open the door without the hammer? A. I do not think I did—I am not sure that it was locked—I did not find any Russian notes in your pocket—it was at the Mansion House that you said you lived at 45, Wardour-street—you might have said that before, but I do not recollect it—I do not recollect that you requested me to go there—I did go the same night—the landlord told me there were two rooms taken, and that was your room, and the key unlocked it—he showed me a room on another floor, where two other persons slept—I did see any other persons there—there was no one there when the door was open—I do not recollect your saying anything about your having two rooms there—I recollect your saying something about two other persons, but whether it was that day or afterwards I cannot say—I think it must have been somewhere about two or three o'clock that I took you to the Mansion House—you wanted me to take the two men into custody—I did not do so—you told me that you lived at 45, Wardour-street, with two other persons—I did not find two persons at your lodgings—the landlord showed me the room where two persons had lodged, but they were not there.
Kauffman. Q. You say found some papers in the lining of my clothes? A. I cannot tell whether they were in the lining or the pocket—I may have cut through the pocket or the lining—they might have been in the pocket—this is the note found in the prayer-book (produced.)
MR. BALLANTINE. Q. Who had possession of the prayer-book? A. My brother—I took it from Kauffman—I cannot say whether it was found on him or in the room—he claimed it—I went through all the leaves, and found the notes—I searched Muscovitz, and found these two notes in this envelope, with another, in his pocket-book—I took him the same day, at 139, in the Minories—When I went into the room I saw him fumbling something—I caught hold of his hand, and took from it these three notes—the other three were in the pocket-book—he gave an explanation of them—I took this tracing of transfer paper from Kauffman's pocket.
JOHN FORRESTER . I accompanied my brother and the other officer on 15th Oct. to 8, Queen-street—I searched Aaronson, and found on him a pocket-book, with this note in it, also this receipt for 4l., and this bill of Mr. Straker's for the three stones—my brother produced a key, to the landlord of the house in Wardour-street, which we went to—we applied it to am room which the landlord pointed out as occupied by Friedeburg—it opened it—we went in, together with the landlord—my brother lifted up the bed and took out this bundle of notes from between the bed and mattress—they have only an impression on one side—I also found this one—I do not think there was more than one of these—I saw the note found in the leaves of the prayerbook after Kauffman had applied for it—my brother took the out of my hand, and I saw him take the note out—I produce some stone which I took charge of—I found it in Queen-street, in the room where the prisoner were apprehended—I cannot recollect where—I am almost positive it was on the table—this smaller stone laid on the table, I think—it did not then appear as it does bow, but quite plain—an of ordinary observer would not see that there was anything engraved on it—it was quite clean—we could not see that there was anything on either of them at that time—the back boards of the press were in this state (producing them, with marks of the plates in them)—I produce another stone which was found at Queen-street, with part of the note on
it—think it was found on the floor at the foot, or the back part, of the bed—it appeared then to be quite plain.
Frideburg. Q. Do you recollected, after I was locked up, my requesting to speak to an officer of the Mansion-House, and some person introducing you? A. Yes—I think you told me to go your lodging, 45, Wardour-street—I did not go then—I went at eight o'clock in the evening, and I found these notes in the room which the landlord told me was yours—I did not ask him whether you had one room ar two—I do not recollect your saying you lived in two rooms—I found the notes on the first floor, and these other papers (produced)—they were not on the floor—I think they were in a kind of bag—I searched your pocket-book, but found no notes—I have not found Mr. Lee's press.
MR. CLARKSON. Q. I believe you were acting under the instructions of the Russian consul from the begging to the end? A. I was, and I received information from tome to time.
CHARLES CLARK . I am an interpreter. I have been employed by the Russian government in this matter—I have seen a note which professes to be an impression from the small stone—it was shown me by Mr. Peachy—I have translated it—this is the copy—I have compared my translation with that in the indictment—it is a accurate—(the translation was her read.
Friedeburg. Q. Are you interpreter for the Russian government? A. No, for the consul—the note from which I translated this is in the solicitor's possession—I wrote on it the word "translated"—(looking at one of the forged notes) I should say this is identical with the one which I translated—I can not only read what is legible, but I have transcribed into English the whole of the Russian text where the words are not quit distinct (the witness, at friedeburg's request, here read the note in Russian)—I can see the number of letters, and and that enables me to read it, but if this small print stood quite by itself, I should hesitate.
FREDERICK GEORGE NETHERCLIFF, JUN . I am a lithographic artist, and carry on business with my father, in king William-street. I have had put into my hands a stone bearing the reverse side of a Russian note—the impression was then scarcely perceptible—it had been washed out with turpentine or oil, I cannot exactly say which; both would do in lithography, and covered with a composition to preserve it, as occasion might hereafter require—that is the ordinary course adopted to preserve an impression—if the stone is wanted for another purpose, the lithographer must grind the impression off before he could put another on it—if it was not entirely ground off, there are means by which he could revive it—after a critical examination of the small stone, I found it had gone through that process, for the purpose of preserving that which was under the composition—I removed the composition with a piece of flannel and a little turpentine; with the aid of the prisoner's roller, rubbed the stone with it, and brought up the original impression in the state in which it now is—I afterwards proceeded to take impressions from the stone, having taken it home for that purpose—it certainly was not a worn stone—I suppose the composition was put on to reserve it—that is the rule—I produce some of the impressions I took from it—I took about half-a-dozen on paper, and more on parchment.
CHARLES CLARK re-examined. I have looked at these impressions—this is the one from which I made the translation—I make out on this side of it exactly what I have read as my translation, and have compared it with the indictment.
MR. NETHERCLIFF continued. There is a process which we call re-transferring, which is done from one stone to another, by means of transfer paper—this stone is not in the state it was in when I first saw it—it had been attempted to be ground down, but it was very imperfectly done—the state in which it now appears is the result of the process to which I had recourse for removing what had been put on it—it now shows two sides of eight notes—you could scarcely see the front part of the note—it is my opinion that the front was first lithographical, then endeavoured to be removed, and the back placed on the same stone—by having recourse to the reviving process, I found the remaining portion of the front, and a portion of the back—I have not the least doubt but that has been effected from this smaller stone, I can prove it—I mean that the re-transfer has been taken from it—by means of the transfer paper, eight separate transfers were taken from it—this is a perfectly removed impression of the front of one of these notes—I have no doubt of it—I have seen these sheets of eight notes, and also the single notes—I am decidedly of opinion that these impressions were taken from these stones—I have not the slightest doubt about it—you will find they are the same on comparing them—I speak positively as to the back, but not to the front—it is my opinion that the impression has been re-transferred from one stone to the other—the smaller stone has only got the back of the note—I only speak to those that are eight on a sheet.
Friedeburg. Q. Have you compared them with a genuine not? A. Yes—it is wretchedly done; it is an attempt to imitate it, but very badly done.
CARL JACOB PIEPER (through the interpreter.) I am a member of the Bank of Russia—it is a Government bank. One rouble notes are circulated by that bank—the value of a rouble in English money is about 3s. 1d.—the rouble note has a back to it, similar to the back of these forged notes—these sheets of notes are similar to our Russian notes—rouble notes are very largely circulated in Russia, and they become very much worn—the three signatures to these notes are forged—in a proper note the first signature is printed, and the last two are manuscript—they are printed in these notes—his (produced) is a genuine note of the Russian Bank.
Friedeburg. Q. Could anybody make use of such a forged note in Russia? A. Certainly, because an ignorant person would take it as a genuine one—these forged ones have no number on them—in Russia the numbers are put on them before they are signed—it is not a note till the number is put on—there are many minor differences, but it has a similarity to a Russian note—I have nothing to do with the manufacturing department, only the signing.
MR. CLARK re-examined. I have here a translation of the whole of one of the notes—I made it from one of the sheets of eight—(This being read, stated that on its being presented it would be immediately paid, and purported to be signed by two directors and the cashier.)
Friedeburg's Defence (written.) I am a furrier by trade, and was carrying on the same in Bury-street, St. Mary Axe. Five weeks previous to my being arrested on the present charge, a man came to me named Beek, residing at 5, Ebenezer-square, and recommended a man named Max, as a worker in my trade. I wanted a man at this time to assist me. I went to Houndsditch with Beck to see Max, and engaged him to come and work. Max commenced work with me the next day, and continued in my employ ten days. During his being with me, he was visited every day by two persons named Rochelt and Kauffman; I inquired of Max who they were, he answered me, "One (Rochelt) was a partner of his, and Kauffman came with him (Max) and
"Rochelt together from France to form a lithographic establishment in this country;" I took little or no notice of this. Every day during the time of Max being in my employ, he and Rochelt were continually saying that me trade of a furrier would prove far more lucrative in France than in this country, and Kauffman promised to give me numerous recommendations to respectable houses there, and tried to persuade me to accompany them to France. Being anxious to avail myself of any honourable way of bettering myself. I thought it might prove advantageous for me to follow their advice. A difficulty however presented itself, my passport was only good for Holland, not for France; I showed them the passport, and they answered me, "Never mind, Mr. Friedeburg; we have travelled many times between France and London, and we have many friends in France, and if you will wait a fortnight, till we get letters and money from our friends, we will certainly take you to France with our passport." I finished the work I had on hand, and not having any more to go on with, I went and took a room in Newton-street, Holborn. At this time Max and Rochelt were living in Short's-gardens, Drury-lane. The day before I took the lodgings in Newton-street, Kauffman came home and said he should be much obliged if I would take lodgings so that he might come every night and sleep with me, as he was badly accommodated where he was, and he would pay me 1s. 6d. a week for the accommodation; Kauffman seeming a respectable man, and having promised to give me recommendations for my work in France, I agreed to the proposal. I occasionally visited Max and Rochelt, and Max and Rochelt visited me. I asked them every day when we should go to France, as I was anxious to be working at my business again, having nothing to depend upon but my labour. He answered, "Don't hurry, we shall soon have letters from France, and then we shall go immediately." I asked Kauffman what business he was following in this country. He said, the same as Max and Rochelt had told me; that he was trying to form a lithographic establishment in this country, and that he expected his presses from France, and as he could not speak English, he asked me to go with him to a lithographic printer and borrow a press for him for a fortnight. I accordingly went with him to a lithographic printer in Holborn, and he borrowed one, agreeing to pay him 5s. for the loan of it for a fortnight, and agreeing to leave 4l. as a deposit. I bought of the same printer a stone for Kauffman, for 2s.; I asked Kauffman if he had the 4l. with him; he said he had not, but he had a friend, a gentleman, who would come with him to-morrow and pay the deposit. I then said to the printer, "I will come with this gentleman and pay the deposit. " The next day Kauffman came to me with a gentleman whom he called Aaronson, a countryman of mine, who had resided five years in Paris, and had only lately come from thence; Kauffman then said, "Mr. Aaronson will pay the deposit if you will go with us to the printer and see it paid. " I went with Messrs. Aaronson and Kauffman, and saw it paid. Kauffman took the press to the lodgings of Max and Rochelt, in Short's-gardens. Kauffman was there the whole of every day, and came to sleep with me at night. I called several times to see Max and Rochelt, and asked if they had received the expected letters, and when I should go with them to France. At those times I did not see Kauffman, he being, as I understood, engaged in his own room. I asked Max and Rochelt, "Where is Kauffman? " He replied, "He is very busy. " I did not take any notice of this, thinking he was earing money for himself in his own business. The fortnight which Max and Rochelt wished me to wait, passed away. I then began to be uneasy, as I wanted to be working at my business again. One morning, Max and Rochelt came home, and said, "Mr. Friedeburg, we have received letters from
France, and our wives say they cannot send us the money now; but in twelve days or a fortnight we shall have it for certain. Now, Mr. Friedeburg, if you will wait that time, we give you word of honour that you and us will surely go to France; and in order that your expenses in waiting that time may be less, it will be better for us three to live together for the next fortnight. " Having waited a fortnight already, and being without work, and depending upon their promises, I consented to wait the time they mentioned, and went and took two rooms (one on the first floor, and one on the third floor,) in War-dour-street, Soho. We lived there together. Sometimes I slept on the third floor with Max, and sometimes I slept on the first floor by myself. During the time I lived in Wardour-street, Kauffman came every day to see Max and Rochelt. Kauffman, at this time, had left the lodgings in Short's-gardens, where he had lived with Max and Rochelt, and had taken others in Queen-street, Soho. I sometimes called at his lodgings there, having spare time on my hands, and found him unemployed, at which I was surprised, and asked him if he bed not any work to do. He replied, "I expect work every day. " When I had lived a week in Wardour-street with Max and Rochelt, they gave me 4s. 8d., to which I added 2s. 4d., and went and paid the landlord the rent, taking a receipt, and at the same time giving him notice of my in-tention of leaving the lodgings at the end of the week; it being my design to go back into the City to obtain employment in my trade, should Max and Rochelt fail to fulfil their promise of taking me to France at the expiration of that time. On the Friday following (the 15th Oct.,) in the morning, Mr. Aaronson came to visit me. I was at the time in the third-floor room, with Max and Rochelt, where I had slept that night, Max having slept on the first floor. Max and Rochelt said to Mr. Aaronson and me, "Mr. Friede-burg and Mr. Aaronson, the Frenchman, who lives in Queen-street, Sohe, would deem it a favour if you would call upon him this morning, as he has something very particular to say to you. " I was not dressed at the time. Mr. Aaronson, said, "Go and dress yourself, Mr. Friedeburg, and we will go and see what the Frenchman wishes to say to us so very parlicular. " I went down to the first floor to dress myself, and while I was doing so Max came in and brushed his clothes. I finished dressing, and went up stairs to Mr. Aaronson, leaving Max in the room. Shortly after I came down stairs with Mr. Aaronson, to accompany him to see Kauffman. Passing by the first-floor room, I saw the door open, and no one inside, the key being in the door. I locked it, and took away the key with me. When we got to Kauffman's lodgings, I said to him, "What is it you wish to say so particularly to Mr. Aaronson and myself " He seemed very much surprised at my question, and said, "I never told Max and Rochelt to say anything of the kind. " When I got into his room I saw lying on a table many papers, having some resemblance to Russian bank-notes. I took up one sheet, and said, laughingly, What fool has been spoiling paper in this way? " and asked Kauffman where he had got so much rubbish. He answered, "I got it yesterday, from Max and Rochelt, to cut it for them. " He then requested that I would not tell Max and Rochelt that I bed seen the papers, as they had requested him not to let me see them, and said, that if Max and Rochelt asked him if I had seen the papers, he should tell them that I had not. We remained in conversation about ten minutes, when, to my surprise, Messrs. Forresters burst into the room, and declared us to be their prisoners.
Kauffman's Defence (through an interpreter.) Max and Rochelt arrived here on 26th Aug.; they engaged me, and were to pay all my expenses; Max gave me the notes on 23rd Sept., and asked me to go with him to establish
a lithographic establishment, and he bought materials for 20s.; he said we should make these notes; on 10th Sept. I had no money to pay my lodging; I went about to every shop to look for work, and could not find any; I told Max I should go; he said, if I went he should make the greater fortune; he said he should make four hundred francs; I said I would stop two days; I had in my possession the stone, the press and other materials; Max took all the materials, except the stone and press, to his lodgings; Max had the press in his possession five days; I could not work without it; all the things belong to Max; it is all owing to him and Rochelt; they brought me here, and then left me.
HENRY MYERS . Friedeburg lived at my house, and followed the business of a cap-maker—I have seen fur caps—I saw two or three persons, at different times, in his room—I have no recollection of seeing a stout man there—I have seen two young men, who worked up in his place.
SAMUEL SLOMAN . I live at 45, Wardour-street, Soho. Friedeburg took two rooms there, of my wife; one was a small room on the first floor, and one a larger room, on the third floor—he paid 7s. a-week—he came in the evening, by himself, with a truck—I was in the shop at the time, and he left the things with me, and went up into the little bed-room—he said he expected two men to come and ask for his room—I showed him the room on the landing; he took his tea, and went to bed—I understand that Aaronson took the lodging for him, in my absence—he afterwards told me he expected two of his men to sleep in the front attic, but did not know whether they would come that night—Friedeburg and the two men used to eat together, up in the attic, where the two men slept.
MR. CLARKSON. Q. Was Friedeburg in the habit of keeping his roomdoor locked? A. He was, and he kept the key—he gave it to my wife, to make the bed—I never had occasion to have any communication with him, because I was in my business.
GUILTY .— Transported for Ten Years.
MESSRS. BODKIN and CLERK conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor to the Mint. I produce a copy of the record of the conviction of Jane Taylor, at this Court, at the May Session, 1842—I have examined it with the original in Mr. Clark's office; it is a true copy (read).
ROBERT SHEPHERD CULLIS . I keep the Mitre, at Hatton-garden. On 5th Jan., about a quarter to four o'clock, the prisoner came for a pint of porter—she gave me a half-crown—I put it into the till, and gave her the change—she went away—in a minute or two a policeman came in—I looked in the till; the half-crown was bad—there was no other there—I had served no one between the prisoner going out and the policeman coming in—on the 7th, the prisoner came again, and asked for half-a-quartern of rum and halfa-pint of porter, they came to 3 1/4 d.; she put down a shilling—I said it was bad—she said she did not believe it—I sent for a policeman; she was taken; she said she had no more—I asked where she lived; she said, "At Mr. Green's, 4, Ely-place"—I have inquired, and there is no "Mr. Green"
living there—I gave the shilling and half-crown to Cottee; we both marked the shilling—my wife goes to the till as well as me—there was no half-crown in the till a quarter of an hour before.
Prisoner. Q. Did not a person come in and have some liquor? A. No; I opened the till, I did not put the half-crown through the hole.
GUILTY .—Aged 25.— Confined Eighteen Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
FRANCIS ROACH . I am the wife of James Roach, of the King's Arms, Tothill-street, Westminster. On 1st Jan., between five and six o'clock in the morning, the prisoner came in and called for half a pint of beer; it came to three farthings—she gave me a sixpence; I bent it, and said it was bad—she said, "Give it me, and I will give you another"—she did so, and that was bad—I said they were both bad, and told her not to come bothering in a—a woman standing by said, "That is not a bad one; it is only worn"—I said, "Let me look at them again"—she put them down—I said, "They are both bad; I must keep them"—a policeman was sent for, and I gave her in charge, with the sixpences—the other woman came in by herself, and staid till between eight and nine.
Prisoner. Q. Four of us came in, all about four o'clock in the morning? A. You came by yourself—there was no young man there.
Prisoner's Defence. I am an unfortunate girl; I had been out all night, and took the two sixpences of a gentleman, with other money; I did not know they were bad, or I should not have put them back to her again.
GUILTY .* Aged 23.— Confined Eighteen Months.
NEW COURT.—Wednesday, February 2nd, 1848.
Before Mr. Common Serjeant, and the Fifth Jury.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 22.— Confined Three Months.
BOUFFLER pleaded GUILTY . Aged 18.
CARTER pleaded GUILTY . Aged 15.
Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 28.— Confined One Month.
MR. HUDDLESTON conducted the Prosecution.
WILLIAM COWIE. I am foreman at the Pantechnicon, of which Mr. Seth Smith is the proprietor. Goods are deposited there by noblemen and gentlemen leaving England—the prisoner was employed as a porter—on 27th Decm, he was sent up to mat up the stowages—I went up, and saw him in a part of the room where he had no business to be, and where I afterwards discovered Mr. Carter's box and the sheet—I heard him to the other end of the warehouse—before he left the stowages I heard this hammer drop—he had no business with it—I said, "Fitz, what is that dropped?"—he said, "Nothing"—I said, "Look and see"—he saw is his hammer, followed me to the end of the warehouse, and I went to the stowages and saw this sheet between two stowages—I had seen the prisoner draw the mat over them—I found that the lock of Mr. Carter's trunk was forced off—there were two more sheets similar to this in it.
Prisoner. He says I had no business with hammer, and there is not a stowage but has a hammer to it, which he knows very well. Witness. He would never mant hammer or nails—there is occasionally a batten put up to support the mats, but there was none there then—he had been up above ten minutes.
JAMES SKELTON (police-sergeant, B 4) I took the prisoner—I found, amongst other articles in his pockets, this small tack, which exactly corresponds with the tacks on Mr. Carter's box—he said it came out of the crate—they use nails, but not tacks—this is one from the crate—this in the trunk, the plate is broken off it—the hasp is not broken.
WILLIAM BRIDGES. I am the superintendent of the Pantechnicon. Mr. Seth Smith is the proprietor—he is answerable for all the property there—this box was pointed out to me—this sheet corresponds with those that are in it—it is Mr. Carters
WILLIAM COWIE re-examined. I had seen this trunk safe two or three days before—no one had access to this warehouse but me for some days before, for it was full—this is the prisoner's hammer—he uses it when he goes to work.
NOT GUILTY .
RICHARD CARPENTER . I am a pawnbroker, in Charles-street, St. George's-in-the-East—it is my dwelling-house. On 12th Jan. I was in my shop, about half-past nine o'clock—I observed the prisoner passing the window, as I thought, but all at once he made a stop and forced his arm through one of the squares—I did not see what he took, but I went after him, and he was stopped in the Commercial-road by the policeman—I took from his pocket this card, with twenty-three rings on it—I had seen them in my window about five minutes before—they are just as they were in the window.
Cross-examined by MR. PAYNE. Q. You found all the rings? A. All but three—I do not know anything about the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined One Year.
609. ANDREW SCHEFFER , stealing 1 cash-box, value 5s.; 30 sovereigns, 6 half-sovereigns, 2 crowns, 4 half-crowns, 10 shillings, and 10 sixpences; the property of the General Screw Steam Shipping Company.
MR. BODKIN conducted the Prosecution.
FREDERICK JAMES DICKINSON . I am clerk to the General Screw Steam Shipping Company, in Mark-lane. On 31st Dec. I was in my office, on the first floor, at five o'clock in the afternoon—I had my cash-box out, and was making up my money for the day—(I had before that seen a man named Hillier—he had come to our office frequently—I had seen him on the previous morning)—a person, whom I firmly believe to be the prisoner, came in—he stated in Dutch, which I do not fully understand, that he wished to go to Corunna—he had an opportunity of seeing my cash-box and the money, and he might have heard it chink at the door—I told him we had nothing to do with Corunna, and referred him to another place in the street—he went out, came back in about five minutes, and said he did not want to go to Corunna, but to Rotterdam—we have vessels go there—I took him to another office, on the other side of the landing—Mr. Galley and some other clerks were there—I left my cash-box in the safe—it is an ordinary safe, with the doors standing open—I locked the cash-box, but not the safe—this is the cash-box—there was 34l. 15s. 3d. in it, in gold and in silver—when I went across to the other office, I closed the door of my own office, but did not lock it—no one was left in it—when I got to the other office, there was an inquiry made by the prisoner in Dutch—he speaks very little English—we remained there three or four minutes—while there, the prisoner shot the bolt of the door inside—that fastened the whole of us in—it made no noise—he was referred to the Rotterdam broker, Mr. Rahn, opposite—a clerk came and opened the door, and the prisoner went out and went down stairs—I immediately went into my room, and found my cash-box gone—when I looked down the stairs, I saw some one, and my impression si that it was Hillier—he was about two stairs before the prisoner—the prisoner was between him and me.
Cross-examined by MR. HUDDLESTON. Q. You are a native England? A. Yes—the door fastens with a bolt and a lock, not with anything else that I am aware of—when we want to shut the door we do not usually shoot the bolt—the door opens on the landing—I did not hear one of Mr. Galley's
clerks say, "Shut the door"—I think if it had been said I should have heard it—I saw the prisoner bolt the door, after we had been about two minutes in the room—he was standing close to it—it was a minute or two after that when the clerk came round and undid it—it was a clerk named Henry—he is not here—Hillier represented himself as having brought over emigrants in our vessels from Rotterdam—he had no business about the office—I had seen him for about a fortnight previous to this robbery—I can swear to the prisoner being the person that came to the office, as he had a blue-striped smock-frock on.
MR. BODKIN. Q. Do you mean a frock such as foreigners wear? A. Yes—he had nothing on his head—I am not certain whether he was wearing a hat or a cap—I saw him the next morning at the station—I have not the slightest doubt of his being the person.
GEORGE MILLER GALLEY . I am clerk to Messrs. Lanning and Co. The office I was in on 31st Dec. is opposite to Mr. Dickinson's—he came into my office, about five o'clock, that evening, with the prisoner—the prisoner followed him in, and immediately shut the door—I did not observe him do anything to it besides shutting it—there is a bolt to it—at the time he was about to leave, the door was bolted, and he shook it, and made a great noise, which could be heard by any person on the landing—I could not say whether it had been bolted before he interfered with it—I told a clerk, named Henry, to go round and open the door—he had to walk about six yards to do it—the prisoner was making efforts at the door, as if not aware of its being bolted, but it must have been him who bolted it, as no one else touched it—not more than a minute after that they left, Mr. Dickinson came and complained of his loss—I went to Mr. Rahn's, which is immediately opposite—the prisoner was not there, and had not been there.
----HONEYCHURCH. I am in the employ of Mr. Rahn, a ship-broker. Mr. Galley came over and made inquiries of me on the 31st Dec., about five o'clock in the evening—no person had come there to inquire about a passage from half-past four o'clock till half-past five.
JOSEPH TURNER . I am housekeeper at the office of the General Screw Steam Shipping Company. I heard of the loss of the cash-box on the 31st Dec., about five o'clock in the afternoon—shortly before that, I was coming down the stairs, and saw a man with a blue frock on at Mr. Lanning's door—I cannot from a judgment who that man was, his back was towards me—he was on the threshold of the door, and appeared to be going in—at the same time I saw the lad Hillier a few steps down the stairs, about seven steps from the landing—he was going up—he pulled out a memorandum-book, which he invariably did—I passed him, and said, "Rake care, Mynheir"—I recognised him as a person I had frequently seen on the same steps—I have seen him about the street and in the office—I went down stairs.
CHARLES BURNHAUM . I am a native of Germany. I know Auguste Hillier and the prisoner—I once saw him and Hillier in company in Leman-street, nine or ten days before the robbery—I do not know what they were doing there—they both come from Cologne—I went with the officer on Friday night, 31st Dec., to a public-house—the prisoner was not there, but he came in a few minutes afterwards—I asked him where Hillier was—he said he was gone to Rotterdam—he did not say when—on the day the prisoner was going to the Mansion-house, he said he met Hillier, on the day of the robbery, at the office in Mark-lane, when he himself was going to inquire for a passage to Corunna, and if Hillier was a thief he could not help it.
Cross-examined. Q. Where do you come from? A. From Brunswick—I speak German—I have been once to the prisoner's wife, with the policeofficer, since his committal—I have never been to her without the officer—Davis was outside the door when I went—he was there about three minutes—we supposed Hillier was there.
JOHN DAVIS (City policeman, 551.) I heard of this robbery about six o'clock at night, on 31st Dec.—I went to a public-house in the Commercial-road, about ten o'clock—I saw the prisoner there, drinking rum and water at the bar—about an hour afterwards I saw the prisoner there, drinking rum and water at came in dressed as he is now—I knew him well—I had seen him at the Mansion-house, and in the street—I went up to him, and said, "How do you do, Scheffer?"—he said, "Very well"—I said, "You have changed your dress"—he said, "No"—I said, "Yes, you have; I saw you yesterday with a blue frock on"—(I had seen him so in fenchurch-street, in company with a foreigner, about three hundred yards from the premises of the Serew Steam Shipping Company)—I said, "You generally wear a blue blouse"—I said, "I want you to walk with me to the station quietly, and if I am not correct in the charge, we will walk back here"—he said, "what for!"—I said, "If I must tell you, I will: it is on a charge of stealing a cash-box with 35l. in it"—he sprang at me, and seized me by the neck, and I seised him by the neck—some assistance came; he was secured, and taken to the station—I saw him again the next morning—in the meantime the cash-box was found, and some blood on it—the prisoner was brought from the cell, and I saw a deep gash on his thumb, and all round his hand was covered with blood—I think it must have been his left hand—this is the box, I should say it has undergone considerable violence, and has been opened with a chisel—the blood is still to be discerned on part of it—it has flowed into the box—the foreigner I saw was about five feet six inches high, he had a round face, and was about twenty or twenty-one years old, of a boyish appearance, and no whiskers—I did not notice his dress—I have been in search of Hillier ever since, and have not been able to trace anything of him.
GEORGE MILLER GALLEY re-examined. Hillier has a round face, and no whiskers—he is about five feet six inches high, and I should say two or three and twenty years of age—the last time I saw him he had a round jacket on, and a striped shirt.
GUILTY . Aged 24.— Confined Nine Months.
610. JAMES JACKSON , breaking and entering the dwelling-house of James Coiley, at St. Botolph-without, Aldgate, and stealing therein 1 watch, value 10l.; 1 brequct-chair, 5s.; and 1 guard-chain, 15s.; his goods; having been before convicted.
ELIZABETH LESTER . I am the wife of David Lester, of Somerset-street, Aldgate. I was standing at my door on 28th Oct., between three and four o'clock in the afternoon, and saw the prisoner and another larking up and down Mr. Coiley's shop, in the lower part of our house.
JAMES COILEY . I keep a shop at 21, Somerset-street. I was shutting it up at half-past four o'clock, on 28th Oct.—I had put one shutter up, and returned to get some more, when I heard the window broken—I returned, and saw a young man running across the street—I dared not leave the window to follow him—I missed from the window this silver hunting-watch—I went the shop, and sleep there.
CHARLES WILMOTT . I keep an eating-house, in New-atreet, St. George's. The prisoner came there some time in Oct.—he had a watch on the table—he owed me 19s., and I said to him, "Jackson, it is almost time for you to pay me"—he said, "Tick the watch"—I took the watch, and hung it up—this is it—he came some time afterwards, and asked for it—I said, "who sent you?"—he said, "My father"—I said, "Let your father come"—the officer came afterwards, and I gave it to him.
Prisoner. Another boy gave it him, whose name is Thomas Coile; he is in prison now. Witness. I will swear the prisoner gave it me.
THOMAS WEAKFORD (policeman, H 38.) I received information, and took the prisoner—I said I apprehended him on suspicion of stealing a watch, and breaking Mr. Coiley's window—he said, "I know nothing of it"—in going to the office he said Coile gave him the watch, and he took it to Wilmott's.
Prisoner. Mr. Wilmott never gave me any money; he gave it into the other boy's hand.
JOHN PECK (policeman, H 87.) I produce a certificate of the prisoner's former conviction—(read--Convicted June, 1846, and confined one month)—he is the person—he has been several times in custody since—he had twenty one days, and has also had six weeks.
GUILTY .— Transported for Seven Years.
Cross-examined by MR. PAYNE. Q. You cannot say how long it is since you saw it? A. No—the prisoner was in my service nearly three years—I have trusted him with considerable sums, and always found him honest—the books were kept in a room to which he had access—sometimes I did not go in there for a month together, unless I wanted a book.
JAMES CRAWFORD , I live in Thames-street. About six o'clock one Saturday night in Jan., I met the prisoner in Charles-street—he asked me if I would sell two at lasses for him; this looks like one of them—I sold it to Dr. Williams, a schoolmaster, for 5s. and gave the prisoner the money.
Cross-examined. Q. How do you know the book? A. By the colors on the back, and the binding.
THOMAS DURKIN , (policeman.) This book was brought to me by Mr. William's assistant—this is Mr. Henry's signature to these depositions—(read—"The prisoner says, 'I asked the boy to go to Mr. Williams, to sell the book, because I did not like to go there myself, having been at school there.")
MR. PAYNE called
ELEANOR KEMBLE . I am the prisoner's mother. I cannot swear that I have seen this book before, but I gave the prisoner a map-book like it, out of my father's box, not more than six months ago—I do not know whether it is a French book—my father was not a French scholar—I did not examine it particularly—the prisoner said, "This book is of no use to me, mother, I have a great mind to take it to Dr. Williams."
COURT. Q. Are you Mr. Cockburn's laundress? A.—My husbande is a gentleman's servant—my father was porter at the Judges' Entrance to the Queen's Bench—I have known gentlemens' bags left with him in the long vacation.
MR. COCKBURN re-examined. This atlas is one a series, it is in French—here of the series—they correspond.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.— Confined Four Months.
RICHARD TAYLOR . I am a dry-salter, at 57, Sun street, Bishopagate. The prisoner was my servant—on or about 25th Jan. I had twenty-five sovereigns and 1l. in silver, locked in a cash-box, in a secretaire—before going to bed I counted it, and missed three sovereigns, and 3s. 6d. in silver—I marked some shilling, and put them in the same box—I missed one next morning, and another in the afternoon—I sent for a policeman—this is one of my marked shilling (produced)—it was in the cash-box.
Cross-examined by MR. HUDDLESTON. Q. What servants have you? A. Three belonging to the warehouse—one is a boy, who comes to clean boots and shoes.
ROBINSON WEBB . I was sent for about seven o'clock in the evening—I searched the prisoner's box—it was locked—th key was in it—I found 1s. in it—the prisoner was in custody—a key was brought down stair by one of Mr. Taylor's lads, I do not know his name—It would unlock the cash-box, but not lock it.
Cross-examined. Q. The prisoner was not in your charge? A. No, she was given in charge half an hour before the search—she was at the station half or three-quarters of an hour before I went back.
Cross-examined. Q. What did you do with it? A. I sent it down by a boy in my father's employ.
MR. HUDDLESTON to MR. TAYLOR. Q. Did you not say at the station that one of the shilling was yours? a. No. there was not much light—I said one looked like a marked one, but when a light came I said it was not—I swear to the found in her box.
MESSRS. RYLAND and LOCK conducted the prosecution
MICHAEL HAYDON (City-policeman 21.) On 11th., about half-past six, I was on duty in King William-street, and saw the prisoners—I watched them, and saw them accost several gentleman, lay hold of them and speak to them—I followed along King William-street, Princes-streetm, Lothbury, Threadneedle, Bishopsgate,. and Gracechurch-street into Princes-street again and up Moorgate-street, where a gentleman passed them walked rather unsteady—they turned round and followed him—Williams went up first and accosted him—he shook her off, she back to Wright, and they spoke together—Wright ran after the gentleman, took him by the arm, and followed him 120 yards—he turned down Ropemarker-street, she still held him by the arm—he broke away from her and crossed the street, she ran, laid bold of him
again, and stood in front of him—Williams was standing at the corner of the street, looking at her—she went and passed Wright and the gentleman, and as she turned back, I saw Wright's right hand by the gentleman's left hand trowsers'-pocket—the moment they came close to each other, they both left in a hurried manner—the gentleman went up Ropemaker-street—in consequence of something he said, I wen after the prisoners, and overtook them about 200 yards from where the robbery took place, walking very fast up Finsbury—I told a man who was with me to secure one of the prisoners—I laid hold of Wright, and said, "I am a constable; I want that purse you have got"—she said, "Purse! what purse?"—I said, "The purse you robbed the gentleman of just now"—she struggled violently—Williams was struggling violently—after making a very determined resistance, I succeeded in forcing Wright's hand open, and found this purse, containing eight sovereigns, one half-sovereign, and a foreign gold coin—I said, "Halloo, here it is!"—she struggled to escape, and said, "Now you have got it, it is no use to pull a body about"—Williams hallood out, "Let her go, she has got no purse!"—I called at the place where I stopped the gentleman, and found he was gone—I have not been able to find out his name—I have received a communication from some one—it was half-past six o'clock when I first saw them, and a quarter to eight when I took them.
Cross-examined by MR. METCALF. Q. Were you in private clothes? A. Yes.
ALFRED SALSBURY . I am a draper's assistant, at Holborn-bridge. I was with Haydon—I saw Williams go up to a gentleman in Moorgate-street—she left him—Wright then spoke to him—I saw them both go away, followed williams and laid hold of her—she said, "She has no purse"—she was taken to the station.
----I am searcher at the station—I searched the prisoners, and found a knife on each.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN THOMAS FITCH . I am a draper, in West-street, Gravesend. I deal with Mr. Allen, a straw-bonnet maker, 158, Cheapside—on 7th Oct. I purchased some goods at his shop, and paid for them 2l. 8s. 10d.—this is the receipt I took for then—on 27th Oct. I bought goods to the amount of 12s. 1d.—I paid for them, and took this receipt—on 8th Nov. I bought goods to the amount of 17s.—I paid for them at the time, and took this receipt—I do not know who I paid.
EDWARD MASSEY . I am clerk to Mr. James Allen, 158, Cheapside—the prisoner was in his service. I produce the ready-money book kept by the prisoner—the receipts to these bills are the prisoner's writing, and the whole of these invoices—they would be written by the person who received the money—if he received 2l. 8s. 10d. on 7th Oct., he has accounted in the ready-money book 1l. 12s. 6d. only—on 27th Oct., if he received 12s. 1d. here is only 8s. 1d. entered—there are some erasures in the book—this does not appear to have been 8s. 1d. originally, it has been altered—on 8th Nov., 8s. 9d. is entered, not 17s.—all these entries appear against the goods named in these three invoices—the sums which we have been paid over, are the same as in the book, not those in the invoices—those sums appear to have been entered in the book originally, and then altered—the person who sold the goods would call out the articles—it would be the prisoner's duty to enter them, and call them out, and the price also.
Cross-examined by MR. METCALF. Q. What goods are entered in the book? A. The articles described in the book tally with the invoice—here is an entry of the price to each article—the first article in this invoice, is three women's improves, at 8 1/2 d., and in the book it is entered one at 8 1/2 d.—it was the prisoner's duty to enter goods, to receive ready money, and to go on business—when sent out he had nothing to do with selling goods—he had been two or three yeard with his master, and had a good character generally.
GUILTY .— Confined Six Months.
OLD COURT.—Thursday, February 3rd, 1848.
Before Edward Bullock, Esq., and the Fourth Jury.
615. MARY ANN MARTIN , breaking and entering the dwelling-house of Ann Derrett, at St. Marylebone, and stealing therein 1 box; 1 gown; 1 shawl, and other articles, value 7l.; of Matilda Baxter; having been before convicted.
MATILDA BAXTER . I am single, and lodge in the front parlour, at 46, Molyneaux-street, Marylebone. On 5th Jan. the prisoner came to lodge in the back parlour there—on Wednesday evening, 12th Jan., about six o'clock, I locked my door, took the key down into the kitchen, and put it on the dresser—I left my things a safe in the room—I slept in the kitchen that night with the landlady, Mr. Derrett—I went into my room again, about half-past eleven the next day—I found the door locked as I had left it—I missed a dress from behind the door, and a box containing a quantity of books and linen, a Bible and Prayer-book, six large night-growns, ten towels, a quantity of night-caps and collara, a sovereign, a shilling, and a sixpence—there is a door between the front and back parlour, which was shut and bolted when I left the room—when I came back it stood half open—it had been forced—the lock was forced back and the bolt broken—I saw the prisoner next Monday, about half-past seven—she had a pair of black silk stockings, a chemise, marked "Matilda," and a pair of drawers on, all mine—all this property (produced) belongs to me.
WILLIAM BECKLEY (policeman, D 158.) On monday night, about half-past eleven o'clock, I took the prisoner into custody, as she was coming out of a public-house in the Hampstead-road—I told her I wanted her for robbing he furnished lodging in Molyneaux-street, and stealing a box—she said I must be mistaken in the person—I took her to the station—I afterwards received from Mr. Curtis, whose house I had seen her come from, this bag, a white veil, and the other things which I have produced—he said the prisoner had left them there—I observed the door between the two parlours in the prosecutrix's house—one of the bolts was broken, the lock had been forced, and I found a broken fork on the floor.
WILLIAM CURTIS . I live at Quickset-row, New-road, and am a surgeon. The prisoner has been in the habit of calling at my house—she did so about six o'clock on the Monday evening before she was taken into custody—she had a child with her—she asked me if I would allow her to leave a sma parcel—she left a reticule and these other articles—she staid three or foc✗
hours, and left about half-past ten or eleven—I gave the things to the policeman.
MARY ANN PORTER . I search females at the station-house. The prisoner was brought there on Monday evening—I was going to search her; she said she had nothing but her own about her—I took from her this black lace veil, a pair of cuffs, stomacher, and petticoat—she had a chemise on, marked "Matilda"—I believe she has it on now.
ANN DERRETT . I keep the house, 46 Molyneaux-street, in the parish of Marylebone. The prisoner came to lodge there on 5th Jan.—about six o'clock on the Wednesday before the Thursday, when this was discovered, I saw Baxters's box safe in the room—the door was locked, and the key taken down to my own apartment.
Prisoner. Q. Did you see me in the house on the Wednesday morning? A. No; I did not see you after the Saturday.
Prisoner's Defence. I did not sleep in the house on the Wednesday night; a young woman lodged there with me.
JOHN BAINBRIDGE (Policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted June, 1847, confined six months, six weeks solitary)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Justice Coleridge.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
HENRY BARHAM . I am clerk to Abraham Wildey Robarts and others, Bankers, in Lombard-street. On 11th Sept. last, this check for 91l. 10s. 4d., was presented at the counter for payment—I paid it with this 50l., and 40l. notes, and 1l. 10s. in money—Mr. Henry Willis, of 37, Old Brosd-street, keeps an account there—I do not know the prisoner.
Prisoner. Q. Had you any suspicion of the genuineness of that check? A. None whatever, or I should not have paid it—Mr. Willis sends many checks to us—I do not know your writing—I thought it was Mr. Willis's writing—Mr. Willis did not give any waning that there might be forged checks presented.
CHRISTOPHER HENRY WINDLE . I am a clerk in the Issue department of the Bank of England. I changed these two notes on 11th Sept.—to the best of my recollection this "Henry Willis, 37, Old Broad-street," on the 50l. note, was on it when I first saw it—we do not pay notes without the name of the presenter is written on them—there is no name on the back of the 40l. note—we only require the name on one of a parcel—I gave 50l. in gold, and a ticket for 40l. in notes, which was to be taken to anther part of the establishment.
Prisoner. Q. What time was it? A. I should think certainly after twelve o'clock.
MR. BODKIN. Q. That is a mere guess, I suppose? A. Yes; it was about was middle of my day's work—it depends upon whether the afternoon's work was heavier than the morning.
COURT. Q. Do you go away in the middle of the day? A. Yes, for an hour—no other person takes my book while I am away.
HENRY WILLIS . I am a merchant, at 37, Old Broad-street. I have an account at Robarts, Curits, and Co.'s—the prisoner was in my service as clerk for about ten months, and left about 31st Aug last—on that day he said he felt poorly, and asked leave to stay away—I usually keep my blank check-book in a private drawer in my own room—the drawer was generally unlicked—he was employed in an adjoining office, and had access to my room in the course of his duty—I am acquainted with his writing—these notes are both written by him—they reached me after he had left on account of illness—one is dated "Tuesday morning," and the other had no date—I received them before 13th Sept., when I discovered the forgery—(notes read—"Hackney, Tuesday morning,—Dear Sir, I am happy to say I am much better, and trust to be able to come to the office to-morrow morning I have had two blisters on, and am much relieved. The bearer, my sister-in-law, will take any message you have to leave. John Byron."—"Dear Sir, The doctor strictly forbids me yet to go out. I yesterday experienced a relapse in fever, and am now in bed, suffering very severely. I am to be bled in the arm this morning, if I am not better by twelve o'clock")—the signature is gone—they were thrown into a rubbish-paper drawer, and there may have been something gone—this check is not my writing, nor was it written by my authority—I knew nothing of it till I found it had been paid—the date and filling-up of it are written by the prisoner-the usual part is printed—the signature I believe to be his writing, but I cannot swear that—it is a very good imitation of mine—it is the sort of check I use—it purports to be drawn for duty on tea, per Boyne—I always express the subject in my checks—the prisoner would know that—this is the check-book I had in use at that period (produced)—it is marked to contain 150 checks—I have counted it, and find it now contains 146—I miss four—those I used I took from the usual place, and left the margin—in those I miss the margin is gone also—I see my name and address written on this 50l. note—it is in the undisguised writing of the prisoner—he did not return to my service—I did not see him again till he was in custody, in the beginning of January—I had two or three other clerks in my employment at the time
Prisoner. Q. Why do you believe the check to be my writing A. From the general character of the writing—the n and y in "ninety," the p in "pounds," and the S in "Sept.," all these are attempts at disguise; at the same time, there are strong marks—there is no similitude between your writing and mine—I swear to the body of the check being your writing—when you were taken ill, I most likely said you had better go home till you got sufficiently well to attend to business.
COURT. Q. Had any clerk authority to sign checks for you? A. No, I never authorized the prisoner to sign any.
JAMES GEORGE GARRETT . I am clerk to Mr. Willis. In Sept. I went with Mr. Bacon, another clerk, to 8, Miles-lane, where the prisoner said he lived—we could not find him—I believe this check to be his writing—I know his writing perfectly—this "Henry Willis, 37, Old Broad-street" on the 50l. note, is also his writing.
Prisoner. Q. Is there any similarity between the writing on the check and that on the note? A. They do not appear to be alike—I am positive they are both your writing—I do not recollect, about a week before you were taken ill, Mr. Willis coming to the office one morning, and stating that
he had lost his memorandum-book, in which were some blank checks—I generally came about ten o'clock—that is later than the rest.
COURT. Q. Had you ever gone to the prisoner's lodgings with him? A. No; when he first came he wrote in the address-book," 8, Miles-lane," as his address—I live near Middlesex Hospital.
DARCY BACON . I am clerk to Mr. Willis, and live in Camden Town. I am perfectly acquainted with the prisoner's writing, and believe the body of this clark to be his—I have been a clark there seven or eight years, and fellow-clerk with the prisoner probably fifteen months—this writhing on the 50l. note is also the prisoner's.
Prisoner. Q. Do you recollect one morning, about a week before I was taken ill, Mr. Willis coming to the office, and stating that he had lost hims memorandum-book out of his pocket, on his way from his own house? A. No; I do not recollect asking if there was anything valuable in it, and he saying, "Nothing but a few blank checks."
JAMES BRADLEY . I am a police-constable of the Mansion-house. On 4th Jan. I apprehended the the prisoner at Newcastle-upon-type—he was is custody there, having been stopped by the electronic telegraph.
HARRIET LITTLE . I am sister to the prisoner's wife. In Sept. last the prisoner and his wife lived in Miles-lane, in the City—my sister went away into the country, ona visit to her father, and I acted as housekeeper to the prisoner in her absence—during that time be frequently slept out—he said he had been sleeping with the head clerk at Hackney, on those occasions—I knew he was Mr. Willis's clerk—I took a letter, which the prisoner gave me, to Mr. Willis's—I did not see Mr. Willis—I gave it to somebody there—the prisoner gave me the letter in Miles-lane—I saw him write it—it was written with a pencil, I believe—it was such a note as this (one of those produce)—I last saw the prisoner in Miles-lane on Sunday, 12th Sept.—I know a person named George Atkinson—I heard the prisoner tell him, on the saturday, that he was going to the Custom-house, to pay some duty, on Monday morning, for his master—at that time he had a small bag in his hand, which appeared to contain money—he and Atkinson went that night to Madame Tussaud's exhibition—he left the house on the prisoner's wife still continue to him again till he was in custody—I and the prisoner's wife still continue to live in miles-lane.
Prisoner. Q. How many rooms had I there? A. One—I lived there from the time you took it—you did not make it your residence—you said you lived at Hackney—I asked you what the note was about that I took to Mr. Willis—I do not recollect saying to you, that it was no use dating it from 8, Miles-lane, as you never were there—I did not see you in London after 12th Sept—I was led to believe you were in London after that—I cannot say whether the bag contained silver, gold, or copper.
COURT. Q. How long has the prisoner been married to your sister? A. Five years—she is older than me—the room in Miles-lane was both a bed-room and sitting-room—I do not live there now—I left two or three months ago, not long after the prisoner went away—I lived there with the prisoner and his wife together—there was only one room—the prisoner did not sleep at home then—he has two children—they were there also.
MR. BODKIN. Q. Are you much younger than your sister? A. Not much—I was there when my sister went into the country—she was gone a fortnight or three weeks—I took care of the children during that time—while I she was away the prisoner slept in the room twice with his children, while I was there.
Prisoner. Q. Do you know my writing? A. Yes, I think so—I cannot swear that this check is your writing—I have seen so many different writings of yours—it does not look like your general writing—I think this on the note is more like—I think that is like your general writing.
HENRY WILLIS re-examined. In the summer, in the warm weather, I lost my card-case, as I supposed, at Fulham—I do not recollet mentioning that loss in the presence of any of the clerks—I might have done so—I generally kept one blank check in the case, sometimes two, and cards as well—I cannot say whether I was then using this check-book—I do not recollect when I changed my check-book—the check in the case would probably be an old one, because I rarely wanted one for my pocket—the first check in this book was drawn on 18th June, 1847—I have my Bank-book sent home to me almost daily—the prisoner was a junior clerk—his salary was 60l.—I do not allow my clerks to fill up the body of a check for me to sign—while I was away in May I left several crossed checks, with the name of Letch and Co., to pay insurances, and dated them 8th June, and in those the money was filled in by Mr. Bacon, my principal clerk—in my absence he had authority to do it—I have no partner—Mr. Bacon never lived at Hackney.
Prisoner. Q. Those crossed checks did not belong to this book? A. No—I made known the loss of my card-case to the toll-collector on Batterseabridge in crossing over the same day, but I do not recollect telling the clerks, or asking whether I should advertise it—I did not make my loss known to Messrs. Robarts—I live about six miles from my office—I supposed that I lost my card-case in crossing Battersea-bridge.
MR. BODKIN. Q. Does this check bear any letter and number? A. Yes, "A 8316"—that is one of the series from this book—each check-book differs in the letter and number—I have no recollection of when it was I lost the card-case, except that it was in the summer.
The prisoner called
MR. BODKIN. Q. Have you been married to the prisoner? A. Yes—I was married to him on 31st Jan., 1847.
MR. BODKIN to HARRIET LITTLE. Q. When was the prisoner married to your sister? A. Five years ago—I was not present—I saw them go to church and come back—the prisoner was courting her for two years, I think—they lived together as man and wife after their marriage—I and my sister were living with our friends—we had no parents living
ANN BISSETT re-examined, the COURT being of opinion that not being the prisoner's lawful wife, her evidence was admissible. The prisoner was ill for a fortnight and three days—when he went out on Saturday he said he was going to Madame Tussaud's—I do not recollect exactly the time he went out—it was after dinner—I last saw him before he left London on Sunday morning, 12th Sept., and I next saw him on 6th Oct.—he had been away three weeks and a day—during that time I ascertained that he had another wife—this check is not like his general writing—I do not know this writing, nor that on the 50l. note—I never saw him write like that to me—he was playing at the Royal Newcastle Theatre when he was taken—we sold off our things in London, in order to go—we went to Berwick first—I never saw him with any money—he pledged some things in Whitechapel—he had no money to give me on the Saturday night or Sunday morning.
MR. BODKIN. Q. Where did you first become acquainted with him? A.
At the City Theatre, in Bishopsgate-street—I only went there now and then, for pleasure—I went alone, and he attended there for pleasure, not as an actor—I was acquainted with him eight months before we were married—I first knew he had another wife about three days after he left London—he was so ill on the Saturday that be could not get out of bed till four o'clock—he did not come home till a quarter to eleven at night—I did not go with him to Newcastle then—I gave no children by him—the last Sunday we were at Newcastle, a policeman called and asked for Mr. Mason, which was the name we went by—I saw him, and he asked me some questions—the prisoner was up stairs at the time, but he never asked for him.
MR. BODKIN to HARRIET LITTLE. Q. What time was it that you saw the prisoner on the Saturday? A. Between eleven and twelve in the morning—I cannot say the exact time—I received a sovereign from him on the Saturday.
Prisoner. Q. How do you know that Saturday was the 11th or 12th Sept.? A. Because I had a letter to write to my sister on the Monday—I am sure of the day.
(The prisoner, in a long address, entered into an explanation of the circumstances which led to his separation from his first wife, and his marriage to Ann Bissett; stating that her evidence proved that he, being ill in bed on the Satur-day, could not have been the person who presented the check, or changed the notes; that, in addition to the fact of Mr. Willis's losing his card-case, every clerk in the office had access to the drawer in which the check-book was kept; and that no writing of his had been produced from the office to compare with the check.)
MR. WILLS re-examined. I had no tea by the Boyne, but I had some hemp—she was a hemp ship, from St. Petersburgh, and the prisoner went down to the Docks about it—I cannot discover the place in the check-book from which the four checks have been taken.
Prisoner. It was my duty to attend to the shipping while I was at Mr. Willis's, and I recollect the Boyne being one of the ships that I had to attend to.
GUILTY . Aged 24.— Transported for Ten Years.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS WISE . I am a labourer. I knew William Ives—on 24th Dec. I was at work with him in the Cambridge-road, scraping the road with shovels—the prisoners and another man came up—they were not sober—the other two shoved Kemp on Ives, who said, "What do you do that for, I would not hurt you?"—Crudgington said, "You b—y fool, if you grumble at that, I will give you something to grumble for," and struck Ives in the face with both fists—Ives had not struck either of them—he put up his shovel before his face to shield it from the blow—he had one hand in the handle, and the other on the iron part—I was close by—he made no attempt to hit Kemp or Crudgington with the shovel—Kemp rushed into him, pushed the shovel out of his hand, and struck him an open blow on the side with the edge of the shovel, with a swing—he staggered, but did not fall—I spoke to him, but got no answer—I believe his breath was taken away with the blow; he was quite bent up putting his hands to his side—Crudgington then struck at him his fist—I cannot say if he struck him in the face or not—he then said, "Don't hit him any More"—Kemp threw the
shovel down in the middle of the road, and went away and laughed—I took it up, called another roadman who was at work higher up, and followed them.
Cross-examined by MR. PAYNE. Q. How many were there working with spades? A. Two more men and Ives—I was close by Ives, with a spade in my hand—Ives had not the spade raised above his head in an attitude as if to strike—I was examined before the Coroner—there was no struggle between Kemp and Ives for the spade—Ives was not a strong man—he could not hold the shovel—he had worked on the road with me seven or eight years—we have drunk together sometimes, but he was a very sober man.
Kemp. Q. You stated at Worship-street that Ives struck a blow first with the shovel? A. I did not—I was not examined at Worship-street—Ives did not strike a blow at Crudgington with the shovel before you attempted to take it away.
GABRIEL CRANE . I was working on the road, within half a yard of Ives—I saw three men coming—Crudgington pushed Kemp over the footpath on to Ives, who asked him what he had done that for—Crudgington came into the road, and hit Ives two or three times in the face with his fist—Ives held up the shovel flatways to keep any more blows from coming to him—he did not hold it so as to strike, and did not attempt to—Kemp took it from him, held it with both hands, and hit Ives on the left side edgeways with it—he then threw it down, and all three went away—the third man did not take any part in it—he was not taken—Ives was not knocked down—he put his hands to his side—I went after the prisoners.
Kemp. Q. Did not I ask you at Worship-street what Ives did with the shovel, before I took it from him, and you said, "He made a cut at Crudgington with it?" A. I did not.
SAMUEL AVILLA . I live in Essex. I was going along the Cambridge-road towards London—I saw four men in the road, fifteen or twenty yards off—they were going to fight—Crudgington struck Ives a severe blow in the face with his right hand—Ives had nothing in his hands, they were down, but the next moment he raised a shovel with both hands before his face—he did not attempt to strike—after a little hesitation, perhaps half-a-minuts, Kemp seized him by the left arm, and got hold od the shovel with both hands—a severe struggle ensued for the possession of it—the blade was towards Kemp, who succeeded in wresting it from him by twisting it, and then held it in both hands, and struck Ives a full swinging blow on the left side with the edge of it—I kept my eye on them from the moment Crudgington struck—I and two or three others cried "Shame!" and "Police!"—I followed the prisoners, and saw a policeman, who took Kemp in one of the back streets, near North-street, Whitechapel—there was am attempt to rescue him—I saw Crudgington strike the officer once.
Cross-examined. Q. Did Ives hold the flat part of the shovel towards himself? A. Yes, and towards Crudgington—he did not appear about to return the blow—one hand was above another, and the flat part of the shovel above his head, not the whole of the iron—I recollect it as well as if it was an hour ago—the fist blow was violent—Ives could not keep the ground he was standing on—he recoiled—I was before the Coroner—these are my depositions which you have—the shovel was raised so as to return a blow or ward one off.
Kemp. Q. Do you know who pushed me? A. No—you stood a little in advance of Ives, on the left hand—I did not see Ives make a blow at Crudgington with the shovel.
THOMAS COBLEY (policeman, K 65.) On 24th Dec., about eleven o'clock in the morning, Ives said something to me, and I went with him into Wellington-street, with a man named Fox—lves pointed out the prisoners—I laid hold of Kemp's collar—I did not say what I took him for—I supposed he knew, as lves was collar—I did not say what I took him for—I supposed he knew, as Ives was present—Crudgington was there with another man—he attempted to rescue Kemp by jostling and shoving me about from one side of the street to the other, and attempted to take my staff from my pocket—there was considerable resistance—another constable took Crudgington—I fetched Mr. Clark, a surgeon.
Cross-examined. Q. Had not the man been attended by another surgeon before? A. I understand so, a Mr. Robinson, but this was nearly a fort-night afterwards.
MR. BODKIN. Q. You went on 2nd Jan. to see lves? A. Yes, and found him in bed—he appeared almost dying, and I sent for Mr. Clark, as the parish surgeon had not been for. two days.
Kemp. Q. Do you recollect my saying I had not done any harm? A. No.
BENJAMIN CLARK. I am a surgeon, at Hackney. I was fetched by Cobley, on Sunday evening, 2nd Jan., and found lves almost in a dying state, labouring under an attack of small-pox—he complained of an injury in his side—I administered such remedies as I thought applicable, and attended him every day till he died, on Monday morning, the 10th—I considered it a favourable case of small-pox, though very severe, but it declined—there is a crisis in small-pox; it reaches its highest point, and recedes—that had com-pletely passed before his death—I should say, when I saw him on the 2nd, it wanted about forty-eight hours to the crisis, which was on the evening of the 4th—he passed it remarkably favourably—I said, that as the small-pox declined, his side would be affected—I heard that he was suffering from violent paroxysms of pain in the side, and before I could reach him he died—the small-pox would act as a counter-irritant to assuage the pain in the side—as it approached the crisis, the pain in the side diminished, and as it declined, the man complained—I made a post-mortem examination, and finding none of the marks which we usually find on death from small-pox, my opinion is that the disease, in its inflammatory stage, prevented inflammation going on in the stomach, as the result of the previous injury—four ribs were fractured, and the spleen immediately under them was contused—there was inflammation of the membrane lining the cavity of the stomach—the inflammation and contusion of the spleen were clearly referable to the fracture of the ribs, which appeared to have been done a fortnight or three weeks before; but the disease had prevented union—there was very little attempt at bony union; that would be checked by the small-pox—there was nothing during life, or after death, to induce me to think death was caused by small-pox—I should say he died from extreme exhaustion, by the shock he received from the injury in the side.
Cross-examined. Q. Can you swear the small-pox had nothing to do with his death? A. The combined effects of the small-pox, with its ex-hausting influence coming on that which had previously exhausted him, would of course accelerate, or rather produce death—the exhaustion was the com-bined effect of the two causes—it is more than probable he might have rallied from the effect of the injury, if there had not been small-pox—in saying it was severe, I mean the eruption was extensive—Mr. Bull assisted me in the post-mortem examination—in my opinion, death was caused by the com-bined effects of the injury and the small-pox.
MR. BODKIN. Q. Can you from any judgment how long he had had the small-pox? A. Taking the very lowest general estimate, the disease would be learnt at the time of the injury—he might have recovered from the injury, but having the disease latent in the system, the shock of the attack killed him—I am certain he would not have died from the small-pox if he had not had the injury.
Cross-examined. Q. Your opinion I believe is, that the death was caused by the combined of the injury and the small-pox; that he did not die from the injury solely, but that it must have had a share in producing death? A.; he did not die from small-pox alone.
Kemp's Defence. They told the truth before the Magistrate, but they have left part of it out, which has done me great injury.
(The prisoners received good characters.) KEMP— GUILTY . Aged 24.
CRUDGINGTON— GUILTY . Aged 33
Confined One Year.
NOT GUILTY .
NEW COURT.—Thursday, February 3rd, 1848
Before Mr. Common Serjeant and the Sixth Jury.
619. GEORGE BRADSHAW, JOHN JONES , and HENRY HARR , stealing 20 feet metal pipe, value 10s.; and I copper boiler, 10s.; the goods of James Mansfield, fixed to building; Bradshaw having been before convicted; to which
BRADSHAW pleaded GUILTY . Aged 22,— Transported for seven Years.
JONES pleaded GUILTY . Aged 18.
HARRIS pleaded GUILTY . Aged 16.
Confined Three Months.
620. JOHN GIBBONS , stealing a boat, value 2l. 10s.; the goods of Francis Lawford and another: also; 1 boat, 4l.; the goods of George James Hoskins: also, 1 boat 25s.; the goods of William John Levington: also 1 boat, 2l.; and 2 scull, 2s.; the goods of James Henry Carman; having been before convicted; to all which be pleased
GUILTY . Aged 21.— Transported for Seven Years.
621. JAMES M'CABE , stealing 15lbs. weight of printing type, value 15s.: also, 21lbs. weight of printing type, 1l.; and 7lbs. weight of brass rule, 10s.; the goods of Tobiah Teape, his master; to both of which he pleaded GUILTY . Aged 33.— Confined Four Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 18.— Confined Four Months.
625. SAMUEL MITCHELL , stealing 2 loaves of bread, value 1s. 4d.; also, 2 loaves, 1s. 4d.: also, 2 loaves, 1s. 4d.; the goods of John Watson, his master: also, embezzling 3 sums of 3 1/2 d.; the moneys of his said master; having been before convicted; to all of which he pleaded
GUILTY . Aged 30.— Transported for seven Years.
Prisoner's Defence. My husband's wages were very low; I acknowledge I pawned them, but not with an intention of stealing them; my husband said he would get everything home by the Monday morning, but they would not wait.
GUILTY . Aged 35.— Confined Three Months.
Brummell. You said you believed they were yours. Witness. No; I said I could swear to them—I said before I saw them that they were all hooks and all slate colour, and they are so.
JAMES ARNOLD . On 14th Jan. the prisoner Brown brought an umbrella into my shop, saying she had seven others, all new, and she would sell them for 4s. 6d.—I asked if she made them—she said yes, and they belonged to a young man who was going to a situation on Monday, and I should have them for 4s. 6d.—I asked where she lived—she said in Queen's Head-lane—I said she had better fetch the others, which she did, in about ten minutes—I asked again if she made them—she said yes; the young mand made the frames, and she covered them—I said, "We had better go to the young man"—I was going with her, and I called an officer, and took him with me—instead of going to Queen's Head-lane, she went to a house in Popham-street, knocked at a room-door, and said, "You are wanted about these umbrellas"—Brummell came to the door, and said he did not know anything about them—Brown said, "You know you sent me with them"—he said, "Well, I did;" and he said to me, "What do you want?"—I said, "I want to know if you made them"—he said, "Yes"—I said, "You can't sell them
for 4s. 6d."—he said, "Yes, I can"—I said, "What sizes are they?"—he said, "Three foot"—I knew there were no such sizes, and gave the prisoner into custody—Brummell said at the station that he bought them for 3s. 6d.
JOHN ALEXANDER (policeman, N 433.) I took the prisoners—Brummell first denied all knowledge of the umbrellas—he then said, "Yes, they belong to me; what do you want to know about them?" and afterwards at the station he said, "I bought them of a man who was going in the country for 3s. 6d."
Brummell's Defence. I bought the umbrellas; I did not know they were stolen.
THOMAS WITHERS (policeman, N 211.) I produce a certificate of Brammell's former conviction at this Court—(read—Convicted 5th April, 1847, having been before convicted, and confined six months)—he has been here four times.
BROWN.— NOT GUILTY .
BRUMMELL— GUILTY . Aged 21.— Transported for Seven Years.
628. JOHN SINCLAIR , stealing 1 watch and chain, value 2l. 10s.; the goods of Peter Hunter; 1 pair of boots, 1l.; the goods of James Middleton; 1 pair of boots, 8s.; 1 shawl, 10s.; 1 towel, 6d.; and 1 pair of socks, 6d.; the goods of Andrew Moore
ANDREW MOORE . The prisoner came to lodge with me on the last day of May, and left me on the 1st of June, at a quarter-past six o'clock in the morning—I then missed the articles stated—I next saw him at Clerkenwell, being tried for robbing lodging-houses, and he got six months for it—I had other lodgers, but they went out before he did—they returned, and he did not—I know the things were safe the night before—none of them have been found.
JAMES MIDDLETON . I slept in the same room with the prisoner—I had a pair of boots safe a little before six o'clock that morning, when I went out to work—when I came back they were gone—no one slept in that room but the prisoner and I.
ISABELLA MOORE . I had put my boots, a crape shawl, and a towel, in a drawer in the prisoner's room—they were safe the night before, and at seven o'clock in the morning, on 1st June, I sent my husband up for a towel, and they were missing—the prisoner had gone away without notice, and never returned.
ANDREW MOORE re-examined. The prisoner went out about a quarter-past six o'clock—I missed some of the things before seven—the watch was gone at breakfast time, at eight o'clock—no one saw the prisoner go out—the two young men who lodged in the house worked for Mr. Rennie, I went there, and they were there at si o'clock by the time-sheet—there was a little boy in the house, besides these lodgers—he staid with us four or five months after that—he is now in Yorkshire—when the prisoner went away he left an old pair of boots and socks, and went away in the others I suppose—I am sure the old ones were never there before.
GUILTY .* Aged 30.— Transported for Seven Years.
Cross-examined by MR. PRENDERGAST. Q. Did you take any receipt A. Yes; I gave it to my mistress, but she does not take care of those small bills, because she pays every week or every fortnight—she is not here—the prisoner was at the door when I paid her—I took the change of a sovereign and the receipt up to my mistress—I do not know what she did with it—I saw the prisoner receipt the bill.
Cross-examined. Q. Did you take a receipt from her? A. No; I kept the account on the slate—I paid her every week.
Cross-examined. Q. How soon was your attention called to this? A. The day afterwards.
ELIZABETH WANGER . I employed the prisoner as my servant to collect money for my milk—if she received 15s. on 31st Dec., she has not paid it to me, nor 4s. from Hine on 1st Jan., or 2s. 7d. on 1st Jan.
Cross-examined. Q. How soon was your attention called to this? A. The day afterwards.
ELIZABETH WANGER . I employed the prisoner as my servant to collect money for my milk—if she received 15s. on 31st Dec., she has not paid it to me, nor 4s. from Hine on 1st Jan., or 2s. 7d. from Hunter—she ought to have paid them all to me on the evening of the day she received them.
Cross-examined. Q. You know she was ill? A. She pretended to be ill—she was absent for two days—my son went round on the evening of 2nd Jan.—he told me he thought there was something wrong—she came back to work on the Saturday morning—I certainly did not agree that I would deduct half the amount of her wages—she made that proposition to me in going to the station—I said, "No, I had been served so several times before."
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Four Months.
ROBERT LONG . I am shopman to Mr. Zachariah John Stewart, of the Commercial-road. We had some caps outside the door—on 10th Jan, we lost one—this is it (produced)—I cannot swear to it, as there is no mark on it.
GEORGE GODEFROY (policeman, K 357.) I was on duty on 10th Jan. at five o'clock in the afternoon—I saw the prisoner go to the basket, at Mr. Stewart's shop, and take this cap out of it—I went and took it from under his jacket.
Prisoner. Another lad took it and gave it to me. Witness. There were three others with him, but he went and took the cap.
(William Hulman, the prisoner's uncle, the mate of the Eagle, engaged to take him to Hobart Town.)
GUILTY . Aged 14.— Confined Four Days.
REED pleaded GUILTY . Aged 12.— Confined Six Months.
JOHN GEORGE WHITE . I keep a broker's shop, in John's-row, St. Luke's On 15th Jan. I had outside my door a lamp pedestal—I received information, and missed it—I went and found the prisoner Parvis with a dust-cart, which was standing still—I asked him about the pedestal—he denied all knowledge of it—I requested him to move the dust with a shovel, and there I found the article.
about one o'clock, I saw Reed with the pedestal in his hand, about a quarter of a mile from the prosecutor's shop—he went towards the cart, and I saw the dustman throw it in the cart.
JAMES ELFORD (policeman, G 241.) I went to Parvis, and asked him if he had anything in the cart—he said, "Nothing at all"—I asked whether he knew anything about having the pedestal in his cart—he said, "No", he did not know he had such a thing in the cart.
Parvis' Defence. I know nothing about it, I never saw it thrown in the cart; he said he was told it was thrown in the dust; I said it was more than I knew; I would look, and if it was there he should have it.
PARVIS— GUILTY . Aged 22.—Recommended to mercy by the Prosecutor.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
CATHARING KING . I am the wife of Edward King—we keep a coffee-house, at 63 and 64 Seymour-street, Euston-square. In July or August the prisoner came there, with a person whom she called her husband—they occasionally slept there—on 9th Nov. the prisoner came, and said her husband was gone to Bath on railway business, and she wanted lodgings till he came back—I let her a bedroom at 1s. 6d. a night—she boarded with me and paid daily—she left on 10th Dec.—while she was in the house I took into her room sixteen yards of silk—I asked her if it was sufficient to make my two girls a frock—she said, "No"—I laid it on the bed, and said, "This must be a future consideration"—she appeared to be a dressmaker, and to be a highly respectable person—she made a clock for me and I said, "Take it into your room till I have an opportunity of taking it up stairs"—two days after that I told my sister to go and get my clock—she went up stair and called me—I went up and missed my husband's velvet waistcoat—I said, "My silk is gone, too I suppose"—the prisoner said, "No; I can be on my oath, I brought it in the bar on the next day afterwards; and to convince you, I laid it on the bar and it rolled down"—on 9th Dec., she said her husband was coming from Bath by the five o'clock train—she left me on the 10th, and did not return—on the 12th, I missed a gold watch and chain, from a drawer in my bedroom—I had seen it on the Sunday week before—the prisoner was in my room when I put it away—a few days afterwards I missed five table-cloths, some shifts, and other things—on 4th Jan., Mr. Becket called at my house—my sister went with her, and she brought back the prisoner—I said to her, "O, Mr. Davison, how could you act so to me, when I treated you so well at my house?"—she began crying and hoped I would forgive her—I said, "I have put it into my husband's hands, he may do as he likes"—he said, "Certainly not."
Cross-examined by MR. STAMMERS. Q. Your house is perfectly open to any one who enters? A. Yes—my husband is proprietor of the house—I knew the prisoner to be a dressmaker and milliner—she represented herself to be married, and said she had a child—I left this silk in her room for her to see if it would make my two girls a frock—she was making a dress for my sister at the time—it was her own sleeping-room, but she used to sit in the bar with me and meal with me—she made my cloak in the bar, and I
said, "Take it into your room till I have an opportunity of taking it into my room"—it was not left in her room for the purpose of her making one—she had just made it for me—I provided the materials, and paid her for it.
ANN DEARING . I am the sister of Mr. King. On 4th Jan. I accompained Mr. Becket to 27, Allen-street, Lambeth—I found the prisoner—I said to her, "You are just the woman I want"—she said, "Do not disgrace me"—I said, "How can I disgrace you when you have acted in this manner? you had better come with me to Mr. King, she wants to see you"—she said, "No, forgive me; do not let me go"—I said, "You must go to Mr. King's; she wants to know where her things are"—she said, would I forgive her?—I said I would forgive her for what she had taken from me if she would produce my things—I said, "Perhaps Mr. King will forgive you for her things, but I cannot speak for that"—I took her in a cab to Mr. King's—we went up stairs, and my sister came up—the prisoner fell on her knees and asked her to forgive her—she said the things were all right, if she would forgive her—she said she should do nothing of the sort; she had put it in her husband's hands—the prisoner told me the duplicates of the watch and chain and of my things were at Mr. Becket's, except three, which were at Mr. Griffith's—I went to Mr. Becket's with her, and she took them out of her box and gave them to the policeman—some duplicates were taken from between the fire-screen and the canvas—some of them related to Mr. King's things, and some did not.
Cross-examined. Q. What is your husband? A. A gentleman's servant—I said I would forgive her as far as my things were concerned, if she would produce them—she produced them by telling me where the duplicates were; that was what I meant.
HANNAH BECKET . I am the wife of John Becket, of Allen-street, Lambeth. The prisoner took a lodging of me three weeks before the examination—she described herself as a dressmaker, and said she was very much employed at Mr. Dearing's hotel, and had left part of her things there; Mr. Dearing was a particular friend of her's, and had known her from a child, and she wanted a person to assist her two days in a week, and through the pressure of hard times I was glad to accept of the offer—she said Mr. Dearing paid half-a-guinea a day, and when the Freemasons dined there she wanted a person to help her in the cooking—I said, "Had not I better go and see her"—she said no, there was no occasion, she had known her from a child—she said on the 4th of Jan. that she expected a letter from Mr. Dearing—I felt rather uneasy at not having seen Mr. Dearing, and I went of my own accord that day—I could not find Mr. Dearing's hotel—it turned out that it was not true—I made inquiries and found Mr. King.
MARY ANN BRITTON . I live in Oakley-street, Lambeth, and keep a ladies' wardrobe. On 1st Jan. the prisoner came to look at a dress—I should her some—she selected the one she now has on—it came to 10s.—she told me she had been in some embarrassment, and had pawned a watch and chain, and would I let her leave the duplicates till Saturday, and she would pay me 5s.—I said I would rather not—she said, "There is the duplicate of sixteen yards of silk"—she pressed me very much, and I got of her the three duplicates, of the watch, the chain, and silk.
LAURENCE LEONARD (policeman, S 25.) On Tuesday evening, 4th Jan., the prisoner was given into my charge by Mr. King—she told him the cause of her taking the things was to support herself and child, and if her would forgive her, she would have them all returned—he said he would not, and
gave her into custody—I went to 27, Allen-street, and Mr. Becket showed me the prisoner's room—in the fire-screen, between the paper and the canvass, I found some duplicates—I went to Mr. Britton's and found three other duplicates.
EDWIN SMALLBONE . I live with Mr. Attenborough, a pawnbroker. I produce this silk, pawned on 13th Nov. for 20s.; a sheet and table-cloth, pawned on 20th Nov. for 3s.; a cloak and table-cloth, on 30th Nov., and some other things on 9th Dec., all pawned by the prisoner, in the name of Mary Thompson—the duplicates produced by the officer were what I gave.
ELIZABETH JEANNETTE EDWARDS . I am the wife of Frederick Edwards, a draper, of Gloucester-street, Queen-square. The prisoner came to lodge with us on 22nd Oct.—she brought a gentleman with her, and represented him as her husband—she was with us on 28th Oct,—during that time I missed a table-cloth—the prisoner asked me for one, as that one was gone to wash, as a cup of coffee was spilled over it by her husband—I gave her another—she left me on 9th Nov.—I did not know she was going—she had not paid her rent—this is the table-cloth (produced)—it is mine—it is the one she told me the cup of coffee had been spilled over.
Cross-examined by MR. STAMMERS. Q. Yours were furnished lodgings? A. Yes; and the table-cloth was for her use.
GUILTY .* Aged 24.— Transported for Seven Years.
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
THOMAS TUCKER . I am porter, in the service of Messrs. Clarke and Rowe. The prisoner was their warehouseman—on the 15th Jan., he came and asked me if some tea that was there was Congou tea of the ship Sarah Muir—he took a large scoop full of it, went to the counter, and made a parcel of 4lbs. with it, them came into the warehouse and put it into his bag—in twenty minutes after, I saw a man come into the warehouse, the prisoner gave the parcel to him, and he took it away—I looked in the book that evening, and that tea was not entered—the book is here.
Cross-examined by MR. MELLOR Q. What were the prisoner's duties? A. He was only a warehouseman—he had not to sell tea, nor the weighing of it—he had bought a chest of tea on his own account, some time previous—he was not in the habit of taking samples of tea—he had not procured orders, or extended the number of our customers—he had not benefited the firm, that I am aware of—there was only myself present when he took the tea—Beckett
was present when he delivered it to the man—I do not know who the man was—I should know him by sight—he had been in the house several times—I knew his face—I do not know of anything the prisoner had to do with the book—it was lying there on the desk.
RICHARD ROWSE . I am in partnership with Mr. Francis Thomas Clarke, The prisoner was in our service—we allow persons in our establishment to have what tea they require for their own use at cost price, or nearly so—before it is taken from the premises, it is their duty to enter everything they have on their own account—we had no knowledge of what they did with it—I heard something, and went to Mr. Biaggini's, in London—wall, and he produced to me these ten invoices—one of them refers to the 4lbs. of Congon in question—there is no entry in our book of any tea purchased by the prisoner for himself, or anybody else.
Cross-examined. Q. On one occasion the prisoner had a chest of tea A. Yes—it was sent into the country—it was entered in the book; to whom it was sent—this invoice is, "Bought of Clarke and Rowe"—the prisoner was not in the habit of selling tea for us—I am not aware that he had been employed to obtain customers—he had entered the purchases he has made, with the date—this is the book in which small quantities are entered—we have a large journal—these entries are made by different parties—we have three clerks—it might sometimes happen that one clerk might make an entry for another—this being called the warehouse-journal, came more particularly under the province of the prisoner, he being the warehouseman—we have entries in the book every day—I make entries occasionally, and my partner also—if this tea had been entered in the book it would be a corresponding entry to this invoice—if ready money is paid, it would be immediately taken to Mr. Clarke or myself.
MR. CLARKSON. Q. Are yours entirely wholesale premises? A. Not entirely, a few families have small quantities of us—the prisoner had no authority to sell any goods of ours to Mr. Biaggini, or anybody else—it would be out of his duty to sell—I do not know Mr. Biaggini—the 4lbs. of Congou were never communicated to the firm, nor paid for.
HENRY BIAGGINI . I live at London-wall—I am a clerk in a tea-ware-house. I know the prisoner—I gave him an order for tea a day or two previous to the 15th Jan.—I sent for the 4lbs. of tea, and I got this invoice from the prisoner—that tea has not been paid for—I am not aware that the prisoner told me on that occasion where the tea came from—it was understood where it came from.
NOT GUILTY .
MESSRS. CLARKSON and ROBINSON conducted the Prosscution.
THOMAS TUCKER . On the evening of 13th Jan., about half-past six o'clock, I weighed eight chests of Pekoe tea, in consequence of something I had observed—the prisoner had no business in that place after I left it—on the morning of the 14th Jan., when I got to the place, about ten minutes after eight o'clock, I found the prisoner there, and he had opened the place—the boy was there as well—about twenty minutes after I had opened the place—the house, I saw the prisoner go to the floor where I had weighed the tea—he remained there about a quarter of an hour—I then saw him return, and go to his desk—he took a blue-paper parcel out of his pocket, and put it into the desk—supposing the parcel to have contained tea, it would have been about
1lb.—in ten minutes afterwards I went on the tea-floor, weighed the tea again, and found one chest was 1lb. short—just about one o'clock I saw the,"prisoner open his desk, put the parcel into his pocket, and go out with it—there is no entry of it in the book.
Cross-examined by MR. MELLOR. Q. I suppose your duty is sweeping out the floor, and carrying goods out? A. No, preparing packages for cuttomers—there were perhaps forth or fifty chests of tea on that floor—the chests there were all open—the prisoner had a perfect right to be on that floor, but he had no right to take tea—I did not see him take any—this tea was on the second floor—on of the chests contained about 60lbs—I weighed them after business hours the night before—I did not weigh the whole, because I thought the prisoner was in the habit of taking the best—there were perhaps a dozen different kinds—I made a memorandum, but I have not it here—I could not repeat from memory what they all weighed—all the others were correct.
MR. CLARKSON. Q. Are you sure it was one of the chests you weighed overnight that you found 1lb. deficient the next morning? A. Yes.
MR. ROBINSON conducted the Prosecution.
THOMAS TUCKER . On the 22nd Jan. I had some tea in a large tray—the prisoner came, took a scoop, and filled it, saying he wanted it for Mr. Clarke to see in the sale-room—in ten minutes he returned with the scoop, with some of the tea in it, but not all—I know what tea it was.
Cross-examined by MR. MELLER. Q. Who was present on that occasion? A. No one—it was between five and six o'clock—a small quantity of tea is occasionally taken out with a scoop.
GEORGE SCOTT (City-policeman, 560.) On 22nd Jan., in consequence of information, I went to Messrs. Clarke's—I watched outside, and saw the prisoner lock up the warehouse about ten minutes past seven o'clock—I followed him into the Borough, where I got close to him against a shop window—I felt his pocket outside, and felt he had a package of tea in it—he went on, and met a female, and they walked together to the Kent-road—the female then left him—I went to him, and told him I stopped him on suspicion of having stolen property—he said he had a small sample of tea which he gave me—I asked him if he had anything else—he said a small sample of sugar—I took him to the station—the Inspector asked him if the firm knew of his taking samples—he said he did not know that they did—he said he had taken two handsful of tea out of a chest as a sample, intending to sell the chest.
Cross-examined. Q. What tea is it? A. Fine congou—the prisoner was so highly recommended to us, that we had every confidence in him—I should certainly object to any servant taking such a sample as this—half-an-ounce or an ounce would be a reasonable sample, but I should object to any person taking any without asking.
JURY. Q. Did you see the sample that the prisoner took? A. No—I was not at home—Mr. Clarke was at home—he might have taken it to him.
(The prisoner received a good character.)
GUILTY . Aged 42.—Recommended to mercy by the Jury.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 22.— Confined Three Months.
OLD COURT.— Friday, February 4th, 1848.
PRESENT—Mr. BARON ALDERSON; Mr. JUSTICE WILLIAMS; Mr. Ald. HUMPHERY; Mr. Ald. WILLIAM HUNTER; Mr. Ald. SIDNEY; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
638. RICHARD YOUNG , stealing 1 cash-box, value 2s.; 45 sovereigns; 10 half sovereigns; 32 half crowns; 100 shillings; 40 sixpences; and 60 groats; the property of Sarah Wieland, in her dwelling-house; to which he pleaded
GUILTY .— Transported for Seven Years.
639. EMMA WATKINS , burglariously breaking and entering the dwelling-house of John Owen Smith, in the night of 18th Dec., at St. Luke, and stealing therein, 2 coats, 1 pair of trowsers, 13 yards of flannel, and other articles, value 5l.; the goods of John Bailey.
JOHN BAILEY . I occupy two parlours, at 32, Iroumonger-street, in the parish of St. Luke—the prisoner lodged there—John Owen Smith is the landlord. Oh 18th Dec., about half-past six o'clock, I left my wife and the prisoner—they were to meet me at a public-house in Leonardsquare at nine, or half-past—my wife came, but not the prisoner—she said the prisoner was very poorly—we went home a little after twelve, found the front parlour-door open, and missed some gowns, aprons, and other articles—some from the font room, and some from a box in the back room—the box was not locked, but the room door was—I found the shutter about three parts up—it was bolted when I left—I have examined the things produced—they are mine.
ROSETTA BAILEY . I am the prosector's wife. He left me at home with the prisoner at half-past six o'clock—I stopped with her till past nine, and then left—she said she was very ill, but if she was better she would come to me—I left the room she was in open—there was another room, which I fastened and bolted—both windows and doors were safe—I came home about half-past twelve, and found the front parlour door open—I cannot say whether the other door was open or not—the window was open—I do not know whether it was hasped, it was down—the things now produced were all gone—they were all safe in the box when I left.
WILLIAM RUSSELL . I took the prisoner at Dorchester, at her mother's I found this pair of drawers, petticoat, towels, shift, and seven yards of calico—Mr. Bailey identified them—the prisoner denied all knowledge of the robbery at first, but afterwards admitted that she had sent part of them back again.
MARY BUCKINGHAM . On 18th Dec., about twenty minutes to eleven o'clock, the prisoner came to me and demanded 2s. to pay for a cab—I gave it her—she left me at half-past eight on Monday morning—she had a very large bundle with her.
HENRY SMITH . I lodge in this house. On 18th Dec. I was sitting in the end of the passage, close to the back parlour window, and heard somebody trying to open the back parlour door with a key—I went out, and saw the prisoner—I asked if se could not get in—she said, no, that they had the key with them, and must get in some way or other—I went into the kitchen—she went into the yard, got a stool, opened the back parlour window, and unfastened the shutters—it was about twenty minutes to ten—the prisoner was quite sober—I did not see any one with her.
Prisoner's Defence. I did not break anything open; the window was unfastened; I had as much right there as anybody; I slept there.
MRS. BAILEY re-examined. She had no right in this room—she had a bonnet there—she slept in the front room on Saturday night—she was in the habit of going in and out of this room.
GUILTY of Larceny. Aged 18.—Strongly recommended to mercy by the Jury.— Judgment Respited.
EMMA BLENCOE . I am single, and live in Charlton-street, Fitzroy-squares. On 26th Jan., between seven and eight o'clock, I was in bed, and heard something moving about the room—I pulled the curtains on one side, and saw the prisoner stooping over my box—it was not open—I said, "Who is there?"—she said, "It is only me; I made a mistake"—she left the room, and went into the street—I got up, and missed my shawl and cloak—my door was shut when I had gone to bed at ten o'clock—none of the lodgers came into my room—I told a man to go after the woman—she was going round the corner—he went, and a policeman brought her back, with my shawl and cloak.
WILLIAM GREENWOOD . I am a lamplighter, and live ar 53, Great James-street. I was putting out the lamps, between seven and eight o'clock, and saw the prisoner come out of 11, Charlton-street—th prosecutrix came to the door, and told me to stop her—I did so, and gave her in charge.
Prisoner's Defence. I was going down the street; the street-door was open; the shawl and cloak were in the passage; I took them up; the bed-room door was open.
GUILTY of Larceny.— Transported for Seven Years.
Before Mr. Baron Alderson.
MESSRS. BODKIN and CLERK conducted the Prosecution.
ROBERT HENRY BLAKE . I am a file-cutter. On 31st. Dec. I was living at 3, Cupid's-court, St. Luke's—I had lived there, with the prisoner, two years and a half—my lawful wife is living at Birmingham—we had two children, Amina, aged between seven and eight years, and Robert Henry, between five and six—they lived with me and the prisoner—on 31st Dec., between five and six o'clock in the afternoon, I came home form work—the prisoner was at home—I told her to make haste and get the tea, for I intended going to the theatre—she wished to go with me, but I did not wish to take her—I said I was going with Mr. Hewlett, who is a friend of mine—I had my tea, and put the children to bed before I went out—I then went to the Duke of Bedford public-house, on the opposite side of Golden-lane—the prisoner followed me, and said she would go wherever I went—I saw Hewlett, and asked him to go with me—he refused, and I asked him if he would take a walk—we left the public-house, and went up Golden-lane, into Old-street, and through several streets, the prisoner still following us—I told her several times to go home, and not to follow me, nor to abuse me—she said she would do so, she would follow me wherever I went, step by step—in going up Golden-lane, I turned round to her, and said to Hewlett, "This is a curious thing," or "an unlawful weapon,' (or something of that sort,) "for her to be following me with"—I believe it was a piece of lead, tied in a handkerchief, so as to swing about—she said I should find a very devil in her that night—we went into public-house at the corner of Old-street—she joined us, and drank with us—we had half-a-quartern, or a quartern of gin between the three of us—when we came out, I told her to go home, as I and Hewlett wanted to go to the theatre by ourselves—she still said she would go wherever I went, and would not go home—we then all three turned back, into the Duke of Bedford—as we went, I heard my name mentioned by some one that passed me—I did not know who it was then—I afterwards knew that it was Jane Jones—I had known her four or five days previous to 31st Dec.—I did not know her before that day—I had just spoken, but I had never known her—I never saw her before—when we went into the Duke of Bedford, Mr. Adams, the landlord, was there—Hewlett and I sat on a bench in front of the bar—while sitting with him, the prisoner was talking to Mr. Adams—her back was towards me, and I slipped out alone, without her perceiving me—I spent that night with Jane Jones, and went home between tea and eleven o'clock next morning—both my children were then dead.
Cross-examined by MR. CLARKSON. Q. How old are you? A. Twentynine—I was working for Mr. Plummer, of Golden-lane, at this time—my trade is not particularly lucrative—I cannot make 5l. a week; I never did, and never said I did—my average wages are from 36s. to 2l. a week—I have sometimes made 3l. a week—I do not know that I have made more than that—I had not been at work that week—I was at work on the Saturday before; this occurred on Friday—I had been drinking during that time—I became acquainted with the prisoner at Birmingham—I knew she was married—we left Birmingham to come here, about three yeard and a half ago—I had been with Hewlett all that day, and we had agreed to go to the theatre together—my object was not to go with Jane Jones—I met her promiscuously in the street—I did not go to the theatre with her—I did not know what she was or where she lived—I put the two children to bed previous to going out that night—I never told the prisoner that I had got six women, all married, like herself—that is not the fact, that I know of—I am not in the habit of
spending my money with other woman, and at public-houses—I did not taunt or goad the prisoner on this, by any talk with her on the subject of other woman—I mentioned nothing to her about other woman—when she was abused me as we went along, I said to Hewlett, in her hearing, before we went to the Duke of Bedford, that she was jealous of every woman she saw me speak to—that was all I said about woman that night—we certainly were quarrelling a great deal that night—I did not say I would go with other woman if chose, or anything of the sort—I put my hand on the stump of a tree, in Goswell-street, and said she should not fellow me any further than that stump that night, and I said to hewlett, that if I stood against that stump, she would be jealous of it—I afterwards said to him, "If I were to kiss this stump, she would fall out with it"—that was all I said about it—I did not say, "I will kiss this stump for the sake of them that I meet here"—I did not say that I had any one to meet there—I did kiss the stump, and said, "Now fall out fall out with that"—that was all I said—I was in liquor—I had no motive in kissing the stump, more than to say to Hewlett that she would fall out with the stump—I knew she was franticly jealous—I only did it to give her a meaning that there was no cause for her being jealous—we had often quarrelled, and I had frequency left home and slept out once or twice—I cannot recollect more than twice—she used to ask me where I was going—I did not say I was going with her mistress, or my own mistress, or say anything about other woman—I did not tell her on one occasion that up the lane she would find six them, all like her, married woman. either on that night or any other—I do recollect that I have had intercourse with six other married woman—I never said that Io had, and I do not know that I had—I do not know whether I had or not.
Q. Did she interfere and prevent you from seducing three away from their service? A. She did one, not three, or two—there was one that she was jealous of—I cannot swear there were not two—I swear there was not three—I was not type to get them away from their service; I was doing nothing at all; It was only her jealous temper—it was her that caused them to leave their situations, and not me—one was at a public-house which I used—I had occasion to go to the place—she got her discharged, by insinuating that she was bad to me, not acting right to me, or something of that sort—she meant that I was having connexion with the girl; I swear that was not true—one girl was named Ruth; I do not know her surname, or where she lived—I do not know the named of the others—she was at the Cooper's Arms, Golden-lane—the prisoner went by the name of Mr. Blake, in London—I know the proprietors of the Duke of Bedford, Charles Adams—I did tell him that she was not Mr. Blake; that she was a married Woman, and that I brought her away with me—I told him out of confidence, as a Friend—It was some months ago—I was merely telling him the circumstances of my life—I did not think it likely he would tell her again—I did not tell him with that view—I told him her name was Parker, and who her husband was—I do not know that he afterwards told her of it—I did not tell her that Friday night that I had spent 4l. 10s. on woman and drink, or anything of the kind—I had not spent as much as that that day, or on any other Friday—I was not drunk when I went out after tea—I had a little drink in the day—I had not been drunk all the week—I cannot tell how much of it I was sober—I slept with Jane Jones in Bell-alley, Goswell-street, that night—I do not know whether she lived there or not—I met her in Goswell-street about a quarter of an hour or twenty minutes after I slipped away from the Duke of Bedford—I did not expect to meet her—it was
quite casual—I never said anything to the prisoner about what I was going to do—my object was not to provoke her any more than that foolish conversation at the stump—she said that both I and the person she caught with me should find a devil in her that night—she always suspected I was going after some other woman, but I was not—when I offered her a portion of the quartern of gin I did not offer to let her stay in the public-house to get as drunk as she liked, that I might get away from her—I do not recollect whether I said so or not—I swear I did not offer her a pint of gin to drink—I had between 1l. and 2l. when I went away—I do not know whether she had any money.
STEPHEN HEWLETT . I lodge at the Duke of Bedford, Golden-lane, and am a wood-turner—I am married—I have known the prisoner and Blake about six months—I have been in London about eight months. On 31st Dec. I was at the Duke of Bedford—Blake came to me about five or six o'clock, called me out, and asked me if I would go to the theatre—I said I would not, I was too ill—the prisoner was outside and could hear—Blake asked me about my wife going—I said she could not leave her family—he proposed to go for a walk—we walked towards Old-street—the prisoner walked on with us—he said to me that she had something in her hand; that she had a very unlawful weapon in her possession—I noticed it—I cannot say what it was—it was a hard substance in her handkerchief—she was swinging it in her hand—Blake said to me that it was lead; upon which she said, "You shall find a complete devil in me"—I cannot recollect any other conversation—I did not like the conversation, and said I should return to the Duke of Bedford—he said, "I shall return in a few minutes"—we all three of us went to a public-house at the corner of Goswell-street, close by Old-street, and had a half a quartern or a quartern of gin—they appened to be very comfortable there—when we came out Blake put his head on the stump opposite the door, and said something to her in a joke, as I thought—I did not hear what it was—I walked towards Old-street, thinking they would come after me—I missed them, turned round, and they were against the post—I was not near enough to hear distinctly what he said—the prisoner then walked with us through Fann-street to the Duke of Bedford—she did not leave us one moment, to my recollection—we all went in—he asked me what I would take to drink—I said I was not particular to anything—we took half a quartern of gin, with some cold water—I cannot remember whether we drank it, or whether the prisoner drank out of it—it was not all drank—I think it was rather after seven o'clock—Mr. Adams was there—the prisoner went towards the bar to speak to him, and as she came towards the bar Blake slipped out, and I saw no more of him that night—she noticed his absence in an instant, and went after him without speaking—she returned in about a quarter of an hour alone—I was behind the bar—she said nothing—I said, "Mr. Blake, you are satisfied I am not gone with Mr. Blake"—she said, "A good job you are not, for he shall repent of it before the morning; and I will die like a tramp at Newgate"—she left the house—I went to her lodgings about half-past eight or nine o'clock—they live on the ground-floor—the door opens into the room—there is a very small passage—I knocked at the door—she answered, and said, "Is that you, Stephe?"—that was the name by which she usually called me—I said, "It is, Mr. Blake; I can't open the door"—she said, "I will meet you at the window"—by the time I got to the window she was there—she opened the sash and shutters—I said, "What is the matter, Mr. Blake? do not put yourself in a passion; if you do, it will
end serous with you some day"—I reasoned with her—she said she had something black on her mind, and she would put a stop to it before the morning—I told her the nature of putting herself in a passion, and things of that description—I did not like to stay any longer—I shook hands with her, and returned to the Duke of Bedford—I do not remember seeing the girl Amina that evening, but I believe I did.
Cross-examined. Q. Were you sober? A. Perfectly, and I should say Blake was—I took a liking to him on account of his being a sober man—I did not keep his company a great deal—it was holiday-time, and a great many people were enjoying themselves—he had asked me previously to go to the theatre, and I had not given him an answer, I had not seen my wife; I like to tell her where I am going—I never saw Jane Jones till the inquest—I did not know that Blake was a profligate fellow, going after other women—I never was out with him of an evening in my life, further than the door—what he said at the stump was not said to me—I do not recollect that he said anything to me there—he did not call my attention to any conduct of the prisoner's, with relation to the stump—I was about ten feet from him, with my back to him—when I turned round I saw him smiling, and she did not appear any way out of temper—I did not notice that she was in a state of desperation when she had the weapon in her handkerchief in Golden-lane—I did not hear her say she would follow him, and see who he was going to meet—I did not know that he was going to meet any one, nor did she, to my knowledge—I did not hear her say that those who he met with would find a devil in her that night—she said he should find a devil in her, but not in any other parties at all—I have heard Adams say she was not Blake's wife—I have understood so, I never inquired; it was no business of mine—Blake never told me she was not his wife—the landlord mentioned it publicly in the house—I was in hopes Blake had come home when I went to his lodgings—I thought they would be able to make themselves comfortable—I went, not feeling comfortable at the words she made use of—she appeared a little excited, or I should not have gone—I did not try to persuade him to go home with her—I intended to have tried to reconcile them if he had staid at the Duke of Bedford.
MR. BODKIN. Q. Did you hear anything Blake said at the post? A. No; my wife was never at their house, and I only once, to my recollection—I think the first time I was there was Christmas-day in the morning, and the prisoner and Blake were both there—they both appeared very friendly and comfortable then.
JANE JONES . On the night of 31st Dec. I saw Blake in Old-street—I did not speak to him then—I afterwards spoke to him in Goswell-street—he went home with me about a quarter-past seven o'clock, and left about a quarter to ten next morning.
Cross-examined. Q. You are an unfortunate girl? A. Yes—I have known Blake about a fortnight—he had never been to my place before—I first met him by accident, in street leading out of Goswell-street—I think it is Wellington-street—I did not know where he lived—he told me his name—I did not know he was married—I did not ask him anything—he did not give me any money that evening—I do not think he had any—I had not been intimate with him before or since—I did not know the woman who was with him that night—I had never seen her before, that I know of—he did not answer me when I repeated his name—he came to me afterwards, as I was standing at the corner of New-court, Goswell-street, close to where I live—he did not know where I lived until we went home—he said, "Jane, I
want to speak to you; make haste, I am afraid I am being watched"—he did not say by whom—I crossed the road, and we went to a public-house—it was a long time before we went home—we had only met twice before, I think.
CHARLES ADAMS . I keep the Duke of Bedford, Golden-lane. I know the prisoner, as Mrs. Blake, living with a man named Blake in our neighbourhood—on the evening of the 31st Dec., they came to my house with Hewlitt, my lodger—while I was talking to the prisoner, Blake slipped out unperceived—the prisoner went after him—she returned in two or three minutes, and said I must know something of his going—I said I did not—she then appeared angry—she went out again in a very few minutes, and returned in about ten minutes with Blake's little girl—I had seen it before hundreds of times—she had a small quantity of gin, I believe a pennyworth—she said she would have her revenge of the children, if she could not of him—she stopped drinking her gin, pointed to the clock and said, "Mark the time, it is twentyfive minutes to eight"—she then turned and went out of the house—I had said when she came in, "God bless me, why have you that child out at this time of night; why have you not put it to bed before?"—she said it had been put to bed, but she had taken it up again—a pennyworth of gin is about a small wine-glass—she paid me for it—I do not recollect whether it was with copper—Hewlett was there when she spoke about the clock—he went out after that—it was after drinking the gin she said she would have her revenge of the children.
Cross-examined. Q. How far is your house from where they lodged? A. It may be 150 yards—it was her object, as far as I could judge, not to let Blake escape, but to follow him wherever he went, because the moment she missed him, she ran out of the court to see if she could see him—she did not appear in a state of desperation when she found he had got away; she was vexed, but not more than I have seen her before—I have seen them together repeatedly before—I never saw her try to follow him before—mine was the principal house that he used—I never saw him drunk in my life—he was a very respectable man in general—I never heard anything more of him—he was a very straight-forward, hard-working, honourable man, as far as I ever heard—I am sure he was not drunk that day—I did not take her child from her on hearing the language she used, because I have heard her threaten the children many times before, and say she would, "do it," and therefore I did not take that notice that I should of another person—I never saw anything violent about her—I did not see her strike he husband—it was violent language she used—I have heard her threaten the children before, when nothing came of it—once in particular, last Lord Mayor's day, when she was complaining of Blake for not taking her to see the show—she was not constantly complaining of him—I never knew that she was jealous of him—I never saw her abusive, or heard her make use of low language, as many do, particularly in that neighbourhood—I did not tell my customers in the public-house that she was not a married woman, that her name was Parker, that she had been brought from Birmingham to London by this fellow, and that he was in the habit of associating with other women—I never said anything of the sort—I never heard her name was Parker—I did not have such information from Blake, and taunt her with it myself—I understood they were not married—Blake has told me so—I did not know it before—he did not tell me her name was Parker—I understood from him that her husband was dead—I told her of this again, and that I understood she was not Blake's wife—I told Hewlett that—there was no one present then but Hewlett, myself and another man standing behind the bar.
MR. BODKIN. Q. When was it that told her that you had heard she was not married to Blake? A. That same evening, about half-past seven o'clock, when she came in with the child—I told her then that I understood that Blake was not her husband, that they were not married, and asked her why she was so anxious in following him about—she said she was married, and she could show me her certificate any moment, and she could show me a letter proving that his wife was dead—she appeared to be quite sober.
WILLIAM GRUBB . On 31st Dec. I was living at 3, Cupid-court—the same house as the prisoner and Blake. I occupy the first and second floor, and Blake the parlour down stairs—I went to the play that night with my wife, and returned a few minutes before twelve—as I was coming home the prisoner passed me at the corner of the court, and went into a shop at the corner—as I went into my house, I observed the parlour shutters were turned back against the wall, and the window sash open—I know the two children—I saw them on the bed together, one towards the head, and one towards the foot, sitting up, and apparently playing and talking—about half an hour afterwards I went to bed, and heard no more till I awoke at very near four I believe, by the police getting in at the window—I went down stairs, and found two policemen and Moore in the room, and the children both dead.
RICHARD WRIGHT . I live at 15, Little Arthur-street, Golden-lane. On the night of 31st Dec., about half-past twelve o'clock, I was in Golden-lane, and saw the girl Amina, about 100 or 150 yards from Cupid's-court, towards Old-street—she called me by name—I immediately turned round, and saw the prisoner—she asked me if I had seen Bob or Robert, I am not sure which name she mentioned—I said, I had not—she said, "He has promised to take me to the play, but he has given me the slip, and has gone with a doll, or a strumpet;" I cannot recollect which—I told her I thought it was very bad to have a child out so late as that, as the night was cold—she said, "I always take the girl with me, but you know they are not my children'—I said the night was very cold, and she must excuse me—I bid her good night, and went home—I think she appeared angry when she first spoke to me, and very much excited—she said he would repent going to the play—that he was likely to repent, or something to the effect.
JEREMIAH DONOGHUE . I live at 9, Cupid's-court—3 is almost opposite, across the street. On the morning of the New Year, between one and two I awoke—I was sitting on the side of the bed coughing, and heard Amina Blake cry "Murder" twice—my window was closed, and the curtain down—the court is about sixteen or seventeen feet broad—Blake's window is on the ground floor, and mine on the first floor—I am sure I heard the cry of "Murder" twice—I have often heard the child cry before—I knew their voices well, and could distinguish them—I have lived right opposite above two years.
Cross-examined. Q. Blake had only one room? A. Only one—I have two, both in front—there are no shutters to the bedroom—the window was shut, and the curtain drawn—there was no fastening to the window—I am sure I heard the cry.
JANE MOORE . I live with my husband, at 9, Cupid's-court, opposite to Blake's. About a quarter to four o'clock, on the morning of 1st Jan. I was awoke by a loud knocking at my door—we sleep up stairs—my husband got up and opened the window, and said, "Who is there?"—I heard a voice which I knew to be the prisoner's—she said, "I wish to speak to Mr. Moore, do not hinder her from coming down, I have something particular to say"—my
husband then shut the window—I got up and dressed myself, and went down with a light to the door—she came and sat down on a chair in my lower room, and exclaimed, "Oh! Mr. Moore, I have done it"—I said, "Oh! what is it you have done?"—she then said, Mr. Blake had come home to take her to the play, and on going out, met with a strumpet, or stump, I cannot say which, and took her arm, saying she was her mistress—I was cross with her, and told her it was no time for her to come to tell me of that, she might come in the morning—she was them getting up to leave the room, and I said, "Is not Mr. Blake come home?"—she said, "No, he is not, and there will be a pretty spectacle when he does come"—I then said, "Mrs. Blake, what is it you have done?"—she said, "I have murdered the two children, and I am now going to give myself up"—with these words she left my street door, and I saw her no more till I saw her at the station-house—I told my husband—he got up, went out, and afterwards returned with some policemen.
Cross-examined. Q. Do you recollect when she spoke of the strumpet, whether she said it was near a little stump? A. I do not—she had her clothes on—they were very much rumpled—she had a bonnet and shawl on—I had not seen her since four o'clock that afternoon, when she was going out, as I thought, to go to the play with Mr. Blake.
JOHN MOORE . I am the husband of Jane Moore. When she came up stairs from speaking to the prisoner, she made a communication to me, and I got up, dressed myself, and went into whitercross-street—I met two policemen who came with me to Blake's door—one of them opened the shutters, which were closed but not fastened, then opened the window which was not fastened, and went in the window—the other policeman then went in, and then I followed—the policeman had his lantern—I saw the boy quite dead, lying at the head of the bed in his night-gown—I did not see the girl till the clothes were taken off—I then looked at her, and she was quite dead—she was all up of a heap under the bedclothes—the boy was lying flat on his belly—I put my hand on the boy's belly, and he was quite warm—I did not touch the girl.
ROBERT EDWARD STANTON (policeman, G 11.) I went with Moore to Blake's house—I went into the house first, and found the two dead bodies of the children in Blake's room—there was no one there—I went for a surgeon, and Mr. Wright came within ten minutes—I put my hand on the girl's body—it was warm.
COURT. Q. Could you judge, by the appearance of the clothes, whether the girl had made a struggle for life? A. It is impossible to say—she was under a heap of clothes—they appeared to be in confusion—she was covered with the clothes, with the exception of a small portion of the right side of her face.
GEORGE FOWLER (policeman, G 161.) On the morning of 1st Jan., about ten minutes to four o'clock, I was on duty in Playhouse-yard, about twenty yards from where the prisoner lived—she came up to me, and said, "Police, I give myself up to you"—I said, "What for?"—she said, "I shall not tell you until I nearly get to the station"—I walked with her in the direction of the station-house, and as we were going we met another constable, Bridle, who said, "Where are you going with this woman?"—I said, "She has given herself into my custody, but she will not tell me what it is for;" and he said to her, "Is it anything that has happened in Cupid's-court"—she said, "Yes"—he said, "Anything relative to two children?"—she said, "Yes,
I have murdered them both"—I detained her while G 78 proceeded towards the house—we then proceeded to the station—after having cautioned her not to say anything, she would go on—she said, "Police, it was my intention to have done this nine months since; and now I have done it, and more to my sorrow; but I knew what I was about"—I then took her to the station-house—she had on a straw bonnet and cloak, I believe—she was quite dressed.
Cross-examined. Q. And during the whole of this time she appeared to be in a state od very great excitement? A. She appeared very much exhausted, and shook very much.
HARRIET HAYWARD . I am a searcher at the station—the prisoner was brought there, on 1st Jan., by Fowler, at four o'clock in the morning—I told her I must search her—she said, "You may search, I have nothing about me; but, for God's sake, do not touch me; for I am a murderess"—I than said, "Do not say that"—she said, "Yes, I am; for he came home to take me to the play to night; instead of that, he took mu up a dark court, and then kissed a stump, and said, I kiss this for the sake of them I love;' and he then ran away and left me"—after that, she said, Look, see!"—I looked, and saw that the top of her shift was smothered with blood—she said, "That is where he cut my month on Tuesday night"—she was sober.
JAMES EDWARD DAVEY . I am a policeman. On Saturday morning. 1st Jan., just after four o'clock, I was ordered to remain in the same cell with the prisoner to take care of her, after she had been brought to the station-house—she began to talk, on which I cautioned her, that whatever she communicated to me I should take down in writing—she still continued to make observations, which I took down on paper—she first said, "Oh, my God! my God! do not let me see him"—I cannot say who she alluded to—this is the memorandum I made at the time (produced)—she put her hands at the time she said this—she then said it was premeditated; that was a sudden exclamation, a minute or two might have elapsed—she sat down; she then said, "I had thought of it for weeks"—she was speaking in the cell, speaking to me—I made no answer—I kept writing down what she said—she then said, "I did it in revenge to him, not to the dear children; one of them was five, and the other seven; poor dear things they have not much to answer for!"
Cross-examined. Q. Had she her hands up at the time? A. At the first exclamation, and then she at sat down—what she said was addressed to me—there was nobody but me to speak to—she was in a state of very great excitment—she looked first at me, and then at the door, at the time she made the exclamation, "Do not let me see him"—somebody came to the door just after.
WILLIAM KENCHETT (policeman, G 26.) I succeeded Davey in watching in the prisoner's cell. after I had been with her about ten minutes, or a quarter of an hour, she uttered the words, "Committed murder to revenge the father of two children! they are innocent; I am guilty; I am of a vindictive mind; through my vindictiveness, I done it"—I cautioned her not to say anything, as perhaps what she said would he brought in evidence against her—she said, "I know you have asked me no questions; I loved him; I doated the ground he walked upon, and he knew it"—she then paused for some little time—she afterwards said, "I am not like a person that was drunk, I knew well what I was about; I was Sober;" and she begged several times not to be left alone.
COURT. Q. All this was said without your asking her any question? A. Yes; as if was talking to herself.
THOMAS MALLETT . I am chief clerk at the Clerkenwell Police-court. I attended at the examination of the witnesses against the prisoner—the depositions were taken in her presence and hearing—on 8th Jan., when that part of Blake's examination was read, where he states that he does not know whether or not it was lead in the handkerchief, the prisoner said, "It was a square bit of tile"—when the evidence was concluded she made the following statement, which I took down, and afterwards read over to her—she did not sign it—I do not think she was ask to do so—she assented to it—(read—"The prisoner says—I merely wish to state how I came to follow Blake; on the last day of this month he came home about a quarter to five in the afternoon; he says, 'Make haste and get the tea, and get me some water to wash with; I'm in a hurry, I have got a party to meet at the top of Old-street; I am going to take her to the play;' I said, 'You must go and get her to make your tea, for I won't;' he washed himself, and got his tea and went out, and I followed; I followed him to the Duke of Bedford; he said, 'It is of no use your following me, for I have got to be at the stump at ten minutes after five;' I told him I would follow him, I would go and see his party; he said, 'Well, come, she will not be ashamed of looking at you;' we went up into Old-street, me and him, and Hewlett; he came to the post, and he put his hand on it; he said, 'This stump knows me and I know this stamp, I will kiss it for the sake of those I am going to meet here;' and he did kiss the post; he looked at Hewlett and laughed, and he said, 'What do you think on her, she is jealous?' Hewlett laughed, and made some kind of remark, and told us to be comfortable; we went into the liquor-vaults and had some gin, when we came down Goswell-street; and he turned round to Hewlett, and said, 'I can get her monkey up at any time, I'm going to meet a little wench;' we went down Fann-street, and into Golden-lane; we went into the Duke of Bedford; I lost him there, and never saw him again, not till this day; he has been the cause of all our misfortunes, him and that woman there."
GEORGE MADDOX (policeman, G 162.) I heard the prisoner make that statement—the witness, Jane Jones, was in attendance that day, and had been examined—I did not see the prisoner point to her, when she said, "That woman there"—I had charge of the prisoner after she was committed—I was with her in a room at the Police-office—the examination had lasted a long time—she said, "I got through the day better than I expected I should; all the witnesses, with the exception of Jerry Donoghue, spoke the truth, and all that he said is false; the girl never cried murder at all, the poor little thing had not the chance; I put them to bed, and I watched over them, and I thought they would never have gone to sleep; and when they were asleep, I blew the candle out; I jumped on the bed, and I seized the girl; after I killed the girl, I felt as if I could have killed a thousand children"—she then said something else, which I believe was, "I these turned round and seized the boy; I showed no mercy; I want none shown to me; I hope I shall not be transported for life."
JOHN HAYNES (policeman.) I went into the prisoner's cell at a quarter to nine in the morning, after Kenchett left; after I had been sitting in the cell with her some time, she jumped up, and said, "Are you not afraid to sit with such a wretch as I am?"—I said, "No"—she then sat down, and said, "Oh, God! oh, God! is it possible I could have committed such a crime?"
Cross-examined. Q. Did she open her hands several times and look at them? A. Yes; at the time she was saying this.
FREDERICK WRIGHT . I am a surgeon. I was called to Blake's room, in Cupid's-court, on the morning of 1st Jan.—I saw the bodies of the two children in the lower room—the officer was standing there, and pointed them out to me—one was a little girl—I found marks of external violence about her body—there were marks on the nose and cheeks, and a slight scratch on the top of the throat—I afterwards made a post mortem examination—the cause of death was suffocation, by forcible closing of the nose and mouth by the hands of some other person—the lungs were gorged, and the vessels of the brain turgid with dark-coloured blood—that was the case with both of them—they were precisely the same—I should think it would not require much—strength to suffocate a child of that size—a few minutes would destroy life—I should imagine it quite impossible for the child to have cried out—the mode of death would entirely prevent it—if any noise was made, it must have been made before it began.
Cross-examined. Q. I presume you imagine it must have been done by placing the bedclothes over child? A. No; that would have been something—my impression is, that it was done while they were asleep, but in the mode I have now stated.
COURT. Q. The application would be to the nose and mouth, before the child was conscious of it at all? A. Yes.
GUILTY . Aged 33.—Strongly recommended to mercy by the Jury, in consideration of the unparalleled provocation under which she perpetrated the crime.— DEATH .
Before Mr. Justice Williams.
642. JOHN WOOD , burglariously breaking and entering the dwelling-house of Emily Lewis, in the night of 9th Jan., at St. George Hanoversquare, and stealing therein 1 bracelet, value 12l.; her goods: 2 breast-pins and chain, 1 other breast-pin, 1 pocket-book, and 4 foreign silver coins, value 6l. 4s.; and 6 5l. Bank-notes; the property of Joseph Maria Eraolio Del Saz Cavallero: 2nd COUNT, for burgloriously breaking out; having been before convicted.
MR. HUDDLESTON conducted the Prosecution.
JOHANNA KELLY . I am servant to Mr. Emily Lewis, of 27, Groevenerplace, Westminster. On Sunday night, 9th Jan., my mistress went out, and I was the only person left in the house—at ten o'clock there was a ring at the bell—I went to the door—there was a person there, who told me that my mistress was taken very ill, and I was to go to her at once, that he was sent for me—he told me where she was—I went down stairs for my bonnet and shawl, and left the man in the hall—when I came back he hurried me away quickly out of the house—I shut the door after me, and saw that the door was well fastened—I went with the man to Knightsbridge—he tole me to stop at a number, till he returned—it was not the house where my mistress was—he went over the way, and stood for a minute at a corner—as a cab came up, he stooped down to escape my notice, and ten ran away—I spoke to a policeman, and we both went back to my mistress's house—there were some people there—the door fastens with a spring lock, inside—a person inside could open it by pulling back the lock.
JOSEPH MARIS ERACLIO DEL SAZ CAVALLERO . On this Sunday night, about half-past ten, I went to the prosecutrix's house, where I lodge—I had a latch key, but could not open the door with it—I rang the bell—about two minutes after, the door was opened very quietly and the prisoner came out,
knocking me down—I jumped up as soon as I could, and followed him—I think I followed the same person who knocked me down—I overtook him, took hold of him, and saw him drop a breast-pin—I picked it up—it was mine, and had been in a pocket-book, in a leather bag, in the back room on the second floor in Mr. Lewis's house—there were some papers lying on the ground when I laid hold of him—I cannot say that I saw him throwing them away, I was too much puzzled at the time—I saw the prisoner taken into Mr. Lewis's house, and saw the bracelet found—I believe it to be Mr. Lewis's—the policeman showed me a pocket-book, containing a gold turquoise, a gold union pin, a foreign coin, and some notes, which are my property——I afterwards saw my leather bag—it was still locked, but the side was cut open.
Cross-examined by MR. BALLANTINE. Q. I the bracelet yours, or mrs. Lewis's? A. Mr. Lewis's—I think I saw the prisoner drop the pin—it dropped on my toe, and I looked down and discovered it—I will not undertake to say that the man who dropped it was the man that was taken—there was one other man running, calling, "Stop thief!"—I cannot say whether he was before me—he was by my side.
COURT. Q. At the time you felt something drop, had you hold of anybody? A. Yes; the prisoner—I do not know that I had hold of anybody else—there was a great crowd round me, and I was glad to get off—I saw no one but the prisoner when the door was opened—I had laid hold of the prisoner, as soon as I overtook him—the whole affair was sudden—I do not think it was the affair of a minute or two—the crowd was close to us—I did not continue to hold the prisoner after the pin was dropped—I let go directly—there were persons there—I cannot swear whether or not I had hold of him when the pin dropped.
THOMAS CARMODY (policeman, B 148.) I saw the prosecutor and prisoner near Mr. Lewis's house on this Sunday night, and went up to them as quick as I could—the prisoner had then just got away from Mr. Cavallero—I followed, and took him very soon after he had parted from Mr. Cavallero—I saw him drop this pocket-book, which I saw Connally pick up—I took the prisoner to Mr. Lewis's house—I searched him, and found this gold bracelet in his pocket—as I was conveying him to the station, he said I had no very great catch in him, it was most likely he would get three months, and that would be all—I produce the carpet bag—the side of it is cut—Grosvenorplace is in the parish of St. George, Hanover-square.
Cross-examined. Q. Where was the prisoner when he dropped the pocketbook? A. Running across the road—I was within three of four yards of him—I saw it quite plainly.
JOHN CONNALLY (policeman, B 220.) I picked up the pocket-book, and gave it to Carmody—there were a great many papers near the pocket-book—I picked up these two union pins, and four foreign coins—the pins were within, five or six inches of the pocket-book, and the coins a little further off—the papers are six 5l. notes, and the rest private papers,
MR. CAVALLERO re-examined. This carpet bag is mine—I had six 3l. notes in a pocket-book, in that bag—the pins, pocket-book, and private papers are mine.
20th Oct., 1846, and confined three months)—I was present at the trial—he is the person.
GUILTY . Aged 30.— Transported for Ten Years.
Before Mr. Baron Alderson.
WILLIAM ATWATER . I live at 25, Devonshire-street, Queen-square, in the parish of St. George-the-Martyr, and am a dyer. Last Thursday week I had two shawls, a handkerchief, and gown, hanging in my shop window, at about half-past eight o'clock—I left the shop for a few minutes, and went into the next room—there is a private entrance into the shop by an inner door—I left the shop door, at which the customers enter, locked—the other door was not locked—I returned in about ten minutes, and immediately missed the things—the shop door was still locked; the other was open, somebody had come in at that door, and taken the things—these now produced are them.
JESSE JEAPES (policeman, 146.) About nine o'clock on this Thursday morning I saw the prisoner, in company with another in New Ormond-street, about five or six minutes' walk from Devonshire-street—the prisoner had a bundle—I took him into custody—he said, "Jesse, it is all right"—I took from him the things produced.
GUILTY .** Aged 19.— transported for Seven Years .
NEW COURT.—Friday, February 4th, 1848.
Before Edward Bullock, Esq. and the Fifth Jury.
644. JOHN JAMES , stealing; at St. George, Hanover-square, 1 watch, value 3l., and 1 profile and frame, 1l.; the goods of Christopher Bull, in his dwelling-house; and afterwards burglariously breaking out of said dwelling-house: to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 27.— Confined Three Months.
GUILTY .— Transported for Seven Years.
648. MARY WILLIAMS , stealing 7 coats, 5 pairs of trowsers, 4 waistcoats, and other articles, value 15l.; the goods of William Thomas Abud, her master: and JOHN WILLIAMS was again indicted for receiving the same.
JOHN WILLIAMS pleaded GUILTY . Aged 32.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
WILLIAM THOMAS ABUD . I am a refiner, at St. James's-street, Clerkenwell. Mary Williams was in my service three years—she represented herself as a widow—the things mentioned in the indictment are my property, and were kept in verious drawers, which she had charge of—they were never locked, but were under her control, and all the domestic matters—she was the only servant in the house—on 18th Jan., I received information, and missed all these articles.
HENRY ISAACS (policeman.) I received information, and went to Mr. Abud's—I knocked; Mary Williams?"—she said, "No," and tried to shut the door—I said, "Is Mr. Abud at home?"—she said, "No"—I went to the next door, which is the counting-house, and found Mary Williams in conversation with Mr. Abud and his son—I produce this property—I found some of the articles, and the duplicates of others, at John William's lodging—I took Mary Williams to the station—John Williams was there—they were confronted together, and denied all knowledge of each other—I went to Mr. Abud's and found some boxes had been forced open, and one was empty.
MARY STEADMAN . I live at 8, New-row, Deptford. John Williams had a room in my house—Mary Williams came there twice for Mr. Williams, whom she called her husband—I pointed out John Williams's room to the officer.
MARY WILLIAMS— GUILTY . Aged 45.—Recommended to mercy by the Prosecutor.— Confined Twelve Months.
ALFRED BLUNDELL (police-sergeant, T 9.) On Tuesday, 11th Jan., at a little after five o'clock in the morning, I was in a shed adjoining the White Horse, at Shepherd's Bush—the prisoner came up, with a wagon and three horses—he looked at the watering-place, came to the shed, and put his arm out, and felt me down the face—he seemed to be feeling if any one was there—he called out,"Halloo!"—I made no answer, and he walked out of the shed, went to his wagon, and took a truss of hay out, took it on his shoulder, and laid it in the manager, in the shed, three or four yards from the wagon—it was very dark, but I could see out, and see him and the wagon very plainly—he then drove away I put a stick in the hay, to mark it, then followed the prisoner about half a mile towards town—I went to him, and asked how much hay he had in his wagon when he left Turnham-green—he said, "A truss and a bit"—I said, "How much have you in your wagon now?"—he said, "You must go back with me, and look at the bit"—as we were going along, I asked if he had left any there before—he said, "No"—he then said he left it to bait his horses, as he returned—I took him there, fetched the hay, and said, "Is this the bit?"—he said, "Yes"—I took him in charge—the hay weighed 51. lbs. (produced.)
Cross-examined by MR. BALLANTINE. Q. Is it in the same state as it was when you took it? A. Nearly—it has been pulled about a little by carrying—the bands broke, and have been re-tied—they have never been taken off.
PHILIP MASSEY . I live with Mr. William Gunner, a farmer—he lives at Teddington. The prisoner was his carman—on 10th Jan. I put six tursses on my side of the loft, and nine on the prisoner's side—he helped me—I knew of his coming to London, but I did not know what he took—I was in bed—he was allowed one truss of hay for three horses to come to London—about nine o'clock next morning my master fetched me from the fleld—we went to the loft, and found on the prisoner's side six trusses of hay—there ought to have been seven—he had allowed his horses to eat one truss before he started—this hay is very kike the hay that was there, and is bound almost in the same way.
Cross-examined. Q. How many horses did the prisoner usually drive? A. Two, and he was allowed a truss for two horses—on that day he had three horses.
NOT GUILTY .
HEINRICH ELLIESON . I am a printer, at Rathbone-place. On Sunday morning, 9th Jan., about three o'clock, I saw the prisoner in a coffee-shop, in High-street, St. Giles'—I gave her a cup of coffee, and went with her to a house in Church-lane—I gave her 2s.—I had a sovereign and a half-crown in my trowsers pocket—I laid down on the bed with her, with my trowsers on, and felt her hand in my pocket—I laid hold of it—she ran out of the room—I felt in my pocket, and missed the money—I went into the street, and told a policeman—there was a woman asleep in the same bed—the pri-soner said it was her sister.
Cross-examined by MR. PAYNE. Q. Had you ever seen the prisoner before? A. No—I went with the policeman to a coffee-house—I did not show him another woman there, and say, "That is the woman"—he did not say, "No, that is not her; I know who it is, she wears a black bonnet"—there were three or four women there—I did not say one was the woman who had taken my money—I told the policeman to come and see whether that was the woman that robbed me, and we found it was another woman—I saw a young woman in the coffee-house from the street—I did not say that was her—I bad not been drinking in public-houses—I had been drinking with a friend before twelve o'clock—I went home with my friend—I came back alone, and went into this coffee-shop—I gave no other woman coffee—I have never seen my money—the prisoner was not taken till four days afterwards—I had given her 2s.—I was not to give her any more—I went back to the room with the policeman—I did not take up a shovel, or break open the door.
COURT. Q. Did the other woman who was in the bed, remain after you had lost your money? A. Yes—I am certain the prisoner is the woman who came to me on the bed, and whose hand I had hold of—I did not see the money in her hand.
HENRY HALL (policeman, E 66.) On 9th Jan., about three o'clock in the morning, I was on duty in George-street—I saw Ellieson with the pri-soner, going to Church-lane—I have known her some time—I told him if he went there the prisoner would rob him—he came to me at haif-past three o'clock' and said he had been robbed of a sovereign and half-a-crown—I took the prisoner on 13th Jan., at five o'clock in the morning, at the King's Head, in Broad-steet.
Cross-examined. Q. Did you go with Ellieson to the coffee-shop? A. Yes, about half-past three o'clock on the morning of the 9th—I saw several
persons there—he had spoken to another officer, of the F division, I believe, but I could not understand him—all he asked me was whether the prisoner was there—I looked in, and said the person I met him with was not there—I did not say anything about a bonnet—he pointed to a woman, and I said, "It is not her."
NOT GUILTY .
JOHN WRIGHT . I am an ironmonger, at High-street, Kensington—the prisoner was my nursemaid. On 22nd Jan., I missed a 10l. note from a drawer in my bed-room, which I kept locked—I had not taken the number of it, but I knew it by a mark on the back—I had put it in the drawer on the Saturday before, and locked the drawer and kept the key in my pocket—I found it locked—in consequence of something the prisoner said, I went to her sister's at Dalston—when I cam back, I called her into the parlour—she said she was very sorry for what she had done, and if I would forgive her she would not do so any more—she said she had found the note in the shop—this is it (produced)—I know it by a name on the back—the prisoner was two years and a quarter with me—I had not suspected anything wron before.
JOHN TREBLE . I keep a shop. On 19th Jan. the prisoner came and bought goods to the amount of 4l. 12s. 6d.—she gave me this 10l. note is payment—I put the address on it which she gave me, 10, Young-street, Kensington.
GUILTY . Aged 20.— Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
WILLIAM DAWSON . I am a seaman, belonging to the brig Torniclose. On 30th Dec. I came on shore—I got near to Cannon-street, Ratcliffhighway, about hlaf-past eight o'clock in the evening—I had two 5l. notes and four sovereigns in my right-hand trowsers pocket—I stopped talking to a messmate about five minutes—the prisoner came up to me, and asked it I would give her anything to drink—I said, "No"—she came to me a second time, and put one hand round my shoulder, and the other in my pocket, took the money out, and went away very quickly—I felt her hand in my pocket—I felt for my money in about four minutes—I saw her again eight days afterwards, at the Thames Police-court—I am certain she is the woman.
Cross-examined by MR. PAYNE. Q. Have you always recollected that she put one hand over your shoulder and the other in your pocket? A. Yes—I did not catch hold of her hand, she was gone too soon—this is not the first time I have said that her hand was in my pocket—the policeman has not told me that unless I swore I felt her hand in my pocket I should not make a case of it—I had my hand in my pocket when she came to me—I am certain my money was there—I had never seen the prisoner before—she had a black velvet bonnet, with red ribbons, and a light shawl—I told
the Magistrate that I felt her hand in my pocket—I put my mark to the statement—(the deposition being read, did not state the witness felt her hand in his pocket)—I got the notes from the master of the ship, James Horne—they were Bank of england notes—I have not stopped them—I did not know the numbers.
EDWARD STEARN . I live at 192, Ratcliff-highway. One the evening of 30th Dec. I went out for some beer, about half-past eight o'clock, I saw Dawson with another sailor—I saw the prisoner—she had one hand round Dawson waist, the other on his pocket—I went four doors further for my beer, and came back and saw Dawson and the prisoner standing in the same manner—I stopped and watched—the prisoner remained in that position about five minutes—she then left the man, and went up the turning by our house, and I saw her put something down her bosom—she and heard Dowson complain that he had been robbed—I am quite sure the prisoner is the woman.
Cross-examined. Q. Had you ever seen her before? A. Yes, about the Highway—I work for Mr. Nathan, a clothes-dealer, in Ratcliff-highway—the prisoner had a black velvet bonnet on—I do not know the colour of the ribbons—she had a blue shawl—Dawson was dressed as he is now, and had a cap on—I told the Magistrate I saw one of the prisoner's hands on his pocket, and the other round his waist—I cannot write—I did not know that there was money in his pocket.
MR. RYLAND. Q. Did you tell the policeman the same night that you should know the prisoner again? A. Yes; I have seen her for the last three months—she walked there every night.
THOMAS KELLY (policeman, H 119.) I heard of this robbery the next night—I saw Stearn, and looked after the woman that was described—I found the prisoner, on the 6th Jan., in Ratcliff-highway—I told her what I took her for—she said she knew nothing at all about it, she was not there that night—I have not told Dawson what he ought to came and swear—he knew more than I did—Nathan saw it as well as Stearn, but I knew it was no use brining him here.
MR. PAYNE called
WILLIAM SINGLETON . I am a barker, at Buros-street, Commercial-road—I know the prisoner. On the night of the 30th Dec. I was at work at Mr. Gaylor's, in Brick-lane—I met the prisoner near his shop, between five and six o'clock and knowing her. I asked her to take something to drink—we went into the Hare, at the corner of Hare-street—we had a pint of half-andbalf, and then went to the City of London Theatre—we were there the whole and then went to the eleven—we sat in the centre of the pit—the performance was "An Old Woman tossed in a Blanket," and the "Good Old Days of Arthur o'Bradley."
MR. RYLAND. Q. Where you at work when she came to you? A. I had just left work—I was in Brick-lane, going home to 33, Buros-street—that is between Whitechapel and Ratcliff-highway—we were in the public-house three-quarters of an hour—we were then walking round Bishopsgate-street—I did not see first piece at the theatre—It opens at half-past six—I went in at seven—I do not recollect the piece—I recollect that night particularly, because I went to the baker's, on a job for a young man who was working there, who was ill—I went on the Wednesday night, and on the Thursday night—I do not always work at baking; 1 work at the docks—I have known
the prisoner about three months, by seeing her in the Commercial-road is going home, and speaking with her—the pantomime commenced at half-past nine—I did not stop all the time—I had to be back at work by eleven—I passed the Wednesday evening in bed, at home—I did not go on Wednesday night till eleven—I worked all day on Thursday, and was leaving between five and six—I then met this female, and went to the public-house, then to the theatre, and the went back to work at eleven, and worked all night—I left work about five on Friday, and went home—I cannot recollect what was the performance at the theatre—it was tragical.
COURT. Q. What time did you go to bed on Wednesday night? A. About seven o'clock, and went to work at eleven—on Friday night I went to bed about eight or nine—bakers begin work at eleven at night.
GUILTY . Aged 19.— Transported for Seven Years.
SAMUEL ROLF . I am in the employ of Mr. De Yonge, an engineer, at 80, Featherstone-street, Gray's-inn-road. On the morning of 9th Jan., I saw the prisoner Lee in front of his house, about a quarter-past eight o'clock—I went into the area of 79, and watched, and saw Reardon open the door of 80—Lee was against the door—there was no knock—Lee stepped just inside the door, and I saw Reardon give her a bundle, which did not appear bigger than a peck measure—it looked like a bundle of clothes, it was tied in an apron—Lee went with it down the street—I followed her, and round the next turning I stopped her with it—I said I must know what she had got—she said, "What I have got!"—I said, "Yes; I must know what you have got"—she began to beg and pray, and said it was only a few coals she had from the servant—I said if that was all she had got. she should not hear any more from me at present—there was a hole in the apron—I saw what was in it—I went home and told my master—he sent me for a policeman, and Reardon was given in charge—she said she was very sorry, she had only given a few coals away, and she would pay for them—after she was taken to the station, I went with the policeman to Lee's lodgings—Reardon gave me the direction—I did not see Lee there—I found there nearly half a hundred weight of coals, some of them of the same sort as my master was burning—there might have been about twenty pounds of coals in the bundle—next day I found Lee was in custody—I am sure she is the person.
Lee. No, I am not the person you stopped. Witness. You are, and you repeated the words that I said when I stopped you, and the Magistrate ✗lauched at you.
SIMON BENJAMIN DE YOUNGE . I live at 80, Featherstone-street, Gray's-inn-road. Reardon was in my service for three weeks—on Sunday morning, 9th Jan., about a quarter-past eight o'clock, Rolf told me something—I went down to Reardon, and sent for a policeman—I said to Reardon, "What is the reason you took the coals?"—she said, "I gave some coals to the woman; I shall pay for them"—I gave her into custody.
EDWARD HARRIS (police-sergeant E 17.) Reardon was given in my charge for stealing coals—she said she had given coals away, but she would pay for them—I went to 17, James-street, Wellington-square—I understood Lee was seen to go there—I saw a quantity of coals in a corner of the room—I took Lee into custody there on Monday morning.
WILLIAM TOOMEY . I am a greengrocer, at Wellington-place, St. Pancras. On Sunday morning, 9th Jan., about half-past none o'clock, a woman purchased some coals of me—I lent hera basket—I saw Rolf stop her with the coals—it was neither of the prisoners.
Lee's Defence. Reardon never gave me coals, or any other article; I left my house on the Tuesday before, and did not return till the Monday following; I was at my sister's, in Green Dragon-court, Snow-hill; I went back for my clothes, and was taken for another woman.
CATHARINE SULLIVAN . Lee is my sister. I buried one of my children on the Sunday, and as my husband was going in the hospital on Thursday, I asked my sister to come to me as I was lonely—I do not know what day of the month it was, but it was four weeks last Thursday since my husband went in the hospital—Lee came about half-past ten o'clock on the Thursday morning, she staid Friday, Saturday, and till a quarter to eleven on Sunday morning, when she went for some more things, and was taken in charge—I was at Battholomew's Hospital that Sunday morning from nine till ten—it was ten minutes pst ten before I left—I left Lee in my house when I went out at nine, and after I came back she washed my two children, and put their frocks on—I am sure, on my oath, she was there at a quarter-past eight—she was there while I was at the hospital, and till a quarter to eleven—she slept by the side of me and my child on the Saturday night.
CORNELIUS CONNELL . I live at 17, James-street, Wellington-square. I have known Lee about ten months—she lodged with me—she was not in my house on 9th Jan.—they took the coals away before she came in—she told me she was at her sister's that morning—Toomey will prove that it was my wife who was stopped.
REARDON— GUILTY . Aged 27.— Confined Two Months.
LEE— NOT GUILTY .
GEORGE WATSON . I am a cab-proprietor. The prisoner had been a stable-man in my service—about one o'clock in the afternoon of 18th Jan., I left my stable in John's Mews, Bedford-row, leaving this coat in the middle room, by the side of the stable—it is mine—the prisoner was present when I hung it up—he kept a key of that room—I went to my stable about seven that evening, and again about twelve, and again next morning—the prisoner was not there—he ought to have been—I burst the door open, and the coat was gone—I afterwards saw the prisoner—I told him he had acted very wrong to me—I kept him talking about half an hour, till I met a policeman, and gave him in charge—he said he had acted very wrong, and if I would take him back he would pay me for it.
former conviction at this Court—(read—Convicted Oct., 1845, having been before convicted, confined one year)—the prisoner is the man.
GUILTY . Aged 29.— Transported for Seven Years.
EMMA BEDFORD . I am servant to Mr. James Willis, who keeps the Nag's Head, Clerkenwell. On 19th Jan., the prisoners came together into the tap-room, and had some beer and bread and cheese—my master went out, and after he was gone, the prisoners asked me if they might go up stairs to play at bagatelle—they went up to the play-room, the first-floor front room—I had been there ten minutes before—the balls were all safe, and there was an odd ball in a box on the mantel-piece-Elson afterwards came down for half-aquartern of gin—he took it up stairs—in a short time he came back with the glass—he went up again, came down, and went up again—he at last came with Elderkin, and they both went away—I went up stairs before they had hardly got out of the house—I missed nine balls off the board, and the odd ball also—I have not seen them since—the prisoners were not up stairs above a quarter of an hour—no one went up stairs but them.
ELSON— GUILTY . Aged 21.— Confined Twelve Months.
ELDERKIN— GUILTY . Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoners.)
AUGUSTUS FREDERICK DANIELS . I am assistant to Mr. James Thomas Hawes, a pawnbroker, in Whitechapel-road. I saw this vice safe on the evening of the 19th Jan., a little after six o'clock, by the stall-board on the threshold of the door outside—I missed it in half an hour—I saw, it again at Worship-street next day—it is my employer's.
GEORGE BARNES (policeman, K 256.) On 19th Jan., about six o'clock in the evening, I was in North-street, Whitechapel, with another officer—I saw the prisoner coming from Whitechapel in a direction from Mr. Hawes' shop—he had a vice on his shoulder—I followed him to a marine-store dealer's—he put the vice by the side of the door, spoke to a female in the shop, then took the vice on his shoulder again, and walked off—I followed him—he threw it down, and began to run—I took him to the station—he said a man employed him to carry it.
FRANCIS DEFRATES (policeman, K 61.) I was with Barnes, about six o'clock that evening. I saw the prisoner with a vice on his shoulder—I followed him—he threw it down and ran—he got over some fences, I went after him—I never lost sight of him.
Prisoner's Defence. A man asked me to take this vice to a marine-store shop, and inquire for a person named Palmer; I went, and was told to go three or four doors further; I went, and was going to knock; I saw the man that gave it me run off, and I was taken.
GUILTY . Aged 29.— Transported for Seven Year.
THOMAS WILLIAM EVANS . I am an apprentice to Mr. Cook. The prisoner was at work in his shop, about three months ago—he used to ask me questions about my master stopping my wages—he said he had known persons who worked for him before, and he used to stop their wages—I said he stopped my wages sometimes, and he said, I was a fool not to have it out of him; why did not I take some quicksilver, and he would take it of me—I took him eighteen or twenty pounds altogether—I took it to his house, 24, Little Marylebone-street—I delivered it sometimes to him, and sometimes to his wife—I got 3s. or 4s. for it.
Cross-examined by MR. BALLANTINE. Q. Was it once or several times you took quicksilver? A. Several times—the last was on 13th Jan.—I stole it on the day before—I am eighteen years old—I thought I was doing harm, I knew I was robbing my master—he stopped my wages because I was late—I kept on stealing, to make up for it—I would sooner steal than get up early—I first began to plunder about two months ago—the prisoner was not in my master's employ then—it was three months ago he persuaded me to do it—he could have done it himself at that time—I have not robbed every day, but about once a week—I live at home, at my father's, a carver and gilder—I did not take any quicksilver there—he does not use quicksilver—I do not know that he has any on his premises—I never saw him use it—I have seen perhaps a tea-spoon full there several times—it was no use—my father did nothing with it—it was in a bottle in the cupboard—I never robbed my father—I was examined before the Magistrate—I owned myself a thief because my master questioned me—he said if I told him he would let me off—I then accused the prisoner—I do not know that anybody saw me go to his premises—I do not know the worth of quicksilver—I never went to the prisoner and told him that my father had no work—I never said to him, "We have not half enough to eat amongst us; he has a little quicksilver, which he has saved at various times from the drainings of the glasses, and we are obliged to sell it"—I suppose my father saved the drop that I spoke of from the draining of the glasses—I told Bevan there was some quicksilver—my father is in the habit of having new silvered glasses, and they drain as they stand.
GEORGE EVANS . I am father of last witness, and am a carver an gilder. I went to the prisoner's lodging on 26th Jan., and saw him there—Mr. Cook said he had come to see what quicksilver he had got there of his—he said he had not got 1lb. of quicksilver in the place—Mr. Cook put the question more closely to him, and we made known what we came about—I told him that that boy was my son, and I was determined to have justice done—I asked if he had received silver from that boy—he sad, "No"—Mr. Cook then sent for the policeman—the prisoner then acknowledged receiving one bottle of quicksilver, and said, "Mr. Cook, do forgive me, I will pay it you back again"—I asked what business he had to make a meeting with my son—he said he had borrowed 1s. 6d. of him.
Cross-examined. Q. You went there to get you son out of the scrape? A. I did not want him to be taken up as a thief—if I had wanted to get my son out of the scrape I should have endeavoured to make it up with Mr. Cook—I did not know Mr. Cook promised my son he should not be prosecuted if he
informed against the prisoner—I knew my son had been taking the silver, and that the prisoner prompted him on to do it—I do not keep quicksilver—I never had an ounce in my house—I might have had a drain or two from the drainings of the glasses—I have kept it in a teacup or saucer—it was put out of the way, that it should not be about the house—it was my own—I saved it from the glasses—it was kept in a teacup in the cupboard—if the cup was wanted it was put into a saucer—it was always in the cupboard—I dare say it is at home now—I never parted with any of it.
NATHAN TUNSTALL SANDERS (policeman, D 199.) I was called to the prisoner's on 26th Jan.,—Mr. Cook, Evans, and his son, were present—I was told to take the prisoner, for exciting the son to steal the quicksilver, and that he received it from the son—he asked Mr. Cook's forgiveness, and said he had never received but one lot, and he would make it up—he again repeated he had only had only lot in a bottle, about a pound and a half, and gave 3s. for it.
Cross-examined. Q.. When did you take him? A. Directly I entered the house—I believe Evans said the prisoner had incited him—I believe that was the word that was made use of on the charge-sheet—Evans was not charged with stealing—I did not know he had committed the theft till after I was is the house—the boy told me I was to take the man for receiving stolen property, he said nothing about his stealing the property—I knew nothing of that till I met Mr. Cook and his father at the door—I looked round the prisoner's house to see if there was any quicksilver—I did not search it thoroughly, as I had no search-warrant—I did not open any cupboards or drawers.
NOT GUILTY .
(There was another indictment against the prisoner, on which no evidence was offered.)
FREDERICK CHARLES POTTER (policeman, K 212.) On the evening of 31st Dec. I saw the prisoner and another person, in Board-street, Ratcliff, coming in a direction from harrison's-court—the prisoner had something weighty in a handkerchief under his arm—he went into a marine-store shop in Board-street—the other waited outside—I went into the shop, and saw the prisoner put this lead into the scale—I asked where he got it from—he said he picked it up on Mr. Ray's wharf—I said I did not believe him—he then said, "I will tell you the truth; I did not steal it, the the other stole it off Mr. Ashcroft's cooperage; now let me go"—directly afterwards he said, "the other sent mo to sell it"—I took him to the station—he said the handkerchief was his.
Cross-examined by MR. PRENDERGAST. Q. Did you know the other? A. I had seen him once before in Brook-street—I have not seen him since—I could not take him at the time I took the prisoner, because he ran away—he was not waiting there when I came out of the shop—he had been on the opposite side of the way—I know the cooperage; it is empty, but is fastened up all round, it is now under repair—I never saw any boys in it—I sometimes pass it two or three times a week—it is not on my beat—I saw it on the day I took the prisoner with this lead—It was not open—I got the key at Mr. Hearn's I had never seen it open.
of the cooperage a few days before Christmas—a great quantity of lead was gone, and since then a considerable quantity more is gone—I have compared this lead with that on the top—about half of it corresponded with that lying in the gutter—about two hundred feet of lead has been lost.
Cross-examined. Q. Have you the charge of this place? A. No—this is the part of the lead that fitted—the constable fitted it with me—this place has been left three months or more—I have seen boys playing in a vacant piece of ground outside.
Cross-examined. Q. Have you ever let it? A. Yes, to Mr. Gordon—he left without notice, and without paying the rent—he paid me ninety guineas a year—I let it him for a certain term—that term has expired, and I took possession—I have brought an action against him for the by-gone rent—he is not liable for the rent that may now accrue—I consider his tenancy at an end.
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy by the Prospector.— Confined Two Months.
MR. HOWARTH conducted the Prosecution.
ROBERT MATON . I am an inmate of St. Pancras-workhouse. On 12th Jan. some stone was being brought into the yard—Jennings was employed to bring some—I saw Bushell take a shovel, and put it into Jenning's barrow—I told Jennings there was no shovel allowed to go out without Mr. Somerton was there—he and Bushell both said it was all right—I gave Mr. Somerton information the next day—on Sunday morning Bushell said to me, "There is a piece of work about these shovels; what have you been saying?"—I told him, and he said, "If you have not done more than that, there in no harm done; the man that took the shovels out has put them away; I am going out to-morrow to take my wife and family"—he said he had sent down to Tolliday's.
Bushell. Q. What time did I take the shovel? A. Between eleven and twelve o'clock—I did not take it—I never was convicted.
Jennings. You gave the shovel out about half-past ten o'clock, to a man who was working next to me, as I was wheeling a barrow of stones.
JOHN SOMERTON . I am superintendent of the stone-yard, at St. Pancras. I missed two shovels on 12th Jan.—they had brand-marks on the handles—they never came back—the prisoner Bushell was at work that day in the stone-yard, and so was Nathan—Jennings was employed in bringing stones into the yard, and so was Tolliday, I believe, by the wharfinger—I went to Tolliday's house on the following Saturday—I found him in possession of this shovel, but by reason of the brand-mark being erased, I would not swear it is ours—our shovels are marked in this way.
Bushell. Q. Had I no use for a shovel in the yard? A. No—he last load of stones did not go out on 12th Jan.—I did not say, "Take that shovel and load the cart"—there was no cart being loaded that day.
COURT. Q. Would you swear to this shovel? A. It is one of our shovels, but I would not say it is one I lost from the yard—I keep the
shovels in the yard—I missed two when I took stock, on the Wednesday night—I have no doubt that it belongs to the parish—those which are in my care I have under lock and key at night—the yard is attached to the workhouse in the King's-road—the foreman of the road may have some shovels, but I cannot say anything about them.
Bushell. Q. What was the lad's name that you went against, at the Police-court on Wednesday? A. I have no recollection—I recollect losing two shovels, and you know it—I had suspected you about them, and I told Maton to look after you—I did not take any one into custody—I did not suspect that Maton had it, I suspected he knew something about it—he was placed there to have a full view of the gate—a shovel could not be taken out before seven o'clock—I never left any shovels out to my knowledge—no one had the keys after me at night, they had in the morning; but it is not likely that the shovels could not be taken out that morning—I missed then the night before, when I counted then—I cannot swear that they were not taken in the morning, if they were, they must have been taken over the gate—I kept the keys in he waiting-room—since the fires have been kept in, the men go in the morning to light the fires—there were three men employed to load the stones, and they were using the shovels; but the stones were all out two days previous—I do not know that Matson took that shovel himself—I lost but one during the time the stones were carried out—I found an old one in the yard—I did not know who it belonged to—I presumed it belonged to the carter—I do not know what became of it—I lost that as well.
COURT. Q. How far is the place where the shovels are kept from the gate? A. Close to it; there is just room for a cart to go out—I am sure the prisoners had nothing to do with the shovels that day.
JEREMIAH LOCKERBY (policeman, S 130.) I apprehended Jennings on 16th Jan.—I told him he must go with me, for being concerned with Bushell in stealing a shovel—he said, "I know nothing at all about it"—he said afterwards, he had a shovel to clear some small stones in the barge, and he had returned it—I took Bushell—I said it was on suspicion of stealing a shovel—he said, "Very well, I will go with you"—in going along, he said, "I have been expecting this all day"—I said, "Do you know Jennings?"—he said, "I do not know his name; I lent a man a shovel, he brought it back"—when he was locked up, he said, "Go to the gate, and ask the porter if he recollects bringing 1s. 6d. on Sunday for the shovel; and if you will go to Bullinger's you will find the shovel"—the mark has been erased, and there is a black mark, about the size of a halfpenny, where it has been burnt out—I found on him a button, about the size of a halfpenny, that had been in the fire—he said the 1s. 6d. had been divided between four of them—this shovel was produced at the Police-court by Tolliday, who lived in the King's-road, but he has absconded.
Bushell. Q. Did I not tell you to go to the man that worked for Mr. Bullinger, and you would find the shovel? A. Yes—I went there, and I went to Mr. Bullinger's also.
PERCIVAL MUNN . I am an inmate of the workhouse, and am employed to mark the shovels. I believe this to be one that had been marked in the way I usually mark them, on each side, and here is my mark which I put on to know the shovel, if the other marks had been erased—I am sure this was one that was kept in the stone-yard.
Bushell. Q. Are there not several other shovels about the house? A. I
do not know—I have several marked in the same way, in the store-room—some are given out for the garden—I cannot swear whether this was lost from the garden or the stone-yard.
MR. HOWARTH. Q. Had the shovels in the stone-yard been recently given out? A. Yes—I am not aware of having given out any new ones lately, only for the stone-yard, but one for the man to empty the dust—I swear that one is not missing—Moss has it in his charge.
Bushell's Defence. Maton took this shovel out, and gave it to Smith, and said, "Give this to Tolliday, and I will see him by and by;' Maton asked to go out, and the store-keeper would not let him go, because it was wet—the next day we had words about it; I struck Maton, and I was in the black hold two days, and while there, they made up this against me; I went where we have our meals and sleep on Saturday night, and Maton came, and said, "Are you aware what has been done with me?" I said, "Ne;" he said, "I have been given in custody;" I said, "You know you are guilty of taking the shovel;" he said, "I know I am;" he said, "They have let me go, but I am to go again to-morrow," and then he said, "Get yourself ready, for they want to lay all the blame on you;" I said, "You must be a rogue to get me in trouble;" he said, "Yes, I am;" about four o'clock the policeman took me, and said, in going along, "Do you know Jennings" I said, "I don't know, but I recollect lending a shovel to a man named Smith, to remove the ice, and he returned it;" I told the policeman where to find the shovel; this is the second shovel Maton has sold; he has taken the money for them and other things that have been stole out of the yard.
Jennings' Defence. I saw Maton take the shovel out; I had no business with shovles; I was weeding at the time.
WILLIAM WILSON . I am a bricklayer' labourer. I took a shovel to the barge on Thursday, 11th Jan.—Bushell gave it to one of the men—it was used, and Adams gave it to Tolliday to take it into the yard again.
MR. HOWARTH. Q. What did Adams say? A. He was going to give it to two boys, and Tolliday came and took it to the yard himself—it was a shovel like this—the corner was not worn off like this—we began work on Wednesday morning, at seven o'clock, and finished on Thursday—we had the shovel on Thursday, 11th—that was the last day.
MR. HOWARTH. Q. Do you know what day that was? A. On Thursday, 11th Jan.
NOT GUILTY .
THIRD COURT.—Friday, February 4th, 1848.
Before Mr. Common Serjeant and the Third Jury.
WILLIAM WARDLOW (policeman.) On 26th Jan. I was on duty in Great Chapel-street, saw a lad on the roof, and another below, who received some lead from the one who came from the roof—I followed them—the prisoner was one—he had a roll of lead under each arm—he gave no account of them, but put them down.
Prisoner It was not me on the roof; a lad asked me to carry it. Witness. He did not tell me so.
GUILTY (†). Aged 18.— Transported for Seven Years
GEORGE WOOLRIDGE . I am a wheelwright, in the employ of Benjamin Abbott. The prisoners are in his employ—I saw Smith take an axletree-box from under the bench, put it under his frock, and walk across the road towards the stable—Davis came across the yard from one stable so the other—I did not see him in the transaction—I told Mr. Abbott—Smith was asked about the box—he said it was broken up—I told him I saw him—it was Benjamin Abbott's property.
HENRY HICKS . I am a marine-store dealer. On the evening of 24th Jan., Davis brought a cast-iron axletree-box to me, broken up—it was only fit to re-cast—it weighed twenty-one pounds—I gave him 6d. for it—it is worth a farthing a pound—somebody was outside, I do not know who.
MATTHEW JONES (policeman.) Smith was given in my charge—I asked him what he had done with the iron—he said he had taken it from under the bench, and put it in the stable, which is on the premises—he gave me information which induced me to go to Hicks—I found this axletree-box there.
DAVIS— GUILTY . Aged 21.
SMITH— GUILTY . Aged 21.
Confined Five Days, the Prosecutor being willing to employ them again.
PATRICK CRAWLEY . I am a lumper. On 21st Jan. I was in a public-house about two o'clock in the morning—I was not drunk or sober—I had a sovereign and 15s. in a bag in my trowser's-pocket when I left—Addy put his hand in my pocket, and took my money—I caught hold of his hand pretty well—I had never seen him before, he had not been in the public-house—I am sure he is the man—I could see him by the gas-light—he ran, I ran after him, and called, "Stop, thief!"—I lost sight of him—the policeman caught him in a few minutes—he is the man—as I was running, M'Lean shoved up against me—I had not seen him with Addy—this is my bag—(produced.)
Addy. Q. Was it light or dark? A. Dark—I do not know whether you were drunk; you ran fast.
and saw Crawley come out stand outside—Addy put his hand in his pocket, and pulled out a bag—I did not see M'Lean.
Addy. Q. Was it dark? A. Yes—I do not walk the streets.
THOMAS POUSLEY . I am barman at the public-house. I saw Crawley there—M'Lean was drinking before the bar with some friends—Crawley went out between two and three o'clock—he had six half-crowns and some gold in a bag—the prisoners went out after him soon afterwards.
M'Lean. Q.? Did not you open the door for me before Crawley went out? A. Crawley went out first, you went next, and then Addy.
WILLIAM ASTBURY (policeman.) I saw the prisoner ran out of a passage, one after the other, between four and five o'clock in the morning—in a minutes after Crawley came up, and said he had been robbed by a man with a cap on—I said, "You stop here till I come back"—I found the prisoners together in Leman-raw—M'Lean said, "this is the man; I give him in charge" (meaning Addy;)—I said, "You must go back with me"—I took Addy back—Crawley said, "That is the man; I give him in charges"—Weakford came up, and M'Lean said to him, "Come you with me; I will sow you where the money is"—I took Addy to the station, and found halfs-crown and 1s. on him.
THOMAS WEAKFORD (policeman.) I was on duty—M'Lean said, "Go with me, and I will show you where the money is"—I went, and found an empty bag laying on the payment in the court where they were taken—I could find no money in the neighbourhood—M'Lean had 1s. 6d. on him.
M'Lean. I heard a cry of "Stop, thief!" and saw Addy running; I pursued him into the court, met the constable, and said, "I give this man in charge;" I was left in the court; I followed to the station of my own accord; I was left half a mile off. Witness. You went to the station in custody of the sergeant.
Addy's Defence. I never took the money; I was intoxicated, and was shoved into the court by a woman.
ADDY— GUILTY . Aged 42— Confined One year.
M'LEAN— NOT GUILTY .
EVAN JENKINS , the elder. I am a milkman, at Vine-court, Spitalfled—the prisoner is my son. On 21st Jan. left home about seven o'clock—I returned about nine, missed some fowls, went after the prisoner, and found him in custody—I charged him—he said he had sold the fowls at Leadenhall for 1s. 6d.—they have not been found—I told the Magistrate that.
JOHN BULL (policeman.) I received information, took the prisoner, and said was charged with stealing two fowls from his father, and he said one of them was his own—I took him to the station—he told me he had sold the two fowls for 1s. 6d., in Leadnhall-market—I believe his father was not present
THOMAS PIGGOTT . I live at Thames Moor. Last Monday morning, at eight o'clock, I had six live geese and a gander safe outside the gate—I came home just before six in the evening—they had then been locked in by my
wife—she is not here—I found the door locked—about ten minutes afterwards I was told something, found the door burst open, and a goose gone—I received information, went on the Moor with Shergold, and overtook the prisoners walking together, in a direction from my house—Shergold found the goose in a bundle against the gateway, where Gardner stood, about half a mile from my house—it was dead, but quite warm—it was mine—it was just after six o'clock—the whole took little more than an hour—they said they had not touched such a thing—Gardner had blood on him.
CHARLES SHERGOLD . I keep a beer-shop. I recollect the prisoners leaving my shop—in consequences of information I went with Piggott—we overtook the prisoners at a gateway, and found a goose, warm, near where Gardner stood—I saw blood on Gardner—it appeared quite fresh, and between Wooden's legs was some down off a goose.
Gardner's Defence. The blood on my shoulder was where my nose bled; it went through to my shirt.
Wooden's Defence. They almost made the man swear it was down on my trowsers; they got a light, and kept saying, "Cannot you see it is down?" and at last he said it was down; I wanted to send for a man to prove Gardner's nose had bled, but they said there was quite enough evidence; I heard them say at the station. "We have got them now, I think;" another said, 'I do not think we have got enough to do them;" we had no goose; I did not touch it.
GARDNER— GUILTY . Aged 21.
WOODEN— GUILTY .* Aged 25.
Confined One Year.
ROBERT STEWART . I am a ships' worker, at Limehouse. The captain, Thomas Frame, gave me charge of a ship called John Duffers—Sullivan came one wet night and asked me for shelter—I told him to stop there that night, and not come any more; but he did come frequently afterwards—I went on board on 10th Jan., and found the cabin broken open, and all the captain's things gone—I found Currie asleep in one of the berths in the round house—I aroused him, and asked what business he had there—he said he had come on board the next vessel to see the steward, and got locked in all night—I asked what he had got—he said he had nothing about him—I asked if he had seen another black man—he said, "No"—I said I would go in search of him—I went in search of Sullivan, and at last took him, and asked what he had done with the things he had stolen from the ship—he said he knew nothing of them—I gave him in charge—he afterwards said he would show me where they were, and I found them at a house at Poplar—on the way to the station I stepped into the Harrow, found Currie, and took him.
CURRIE— GUILTY . Aged 27.
SULLIVAN— GUILTY . Aged 22.
Confined Three Weeks.
JOHN CRABB . I am a shoemaker, at Vicroria-road, Pimlico—the prisoner was in my service—she was a parish apprentice—I received 5l. premium with her twelve months ago. On 29th Jan., at half-past twelve o'clock, I came home, told the prisoner I had missed half-a-crown, had her searched, and found 2s. 3d. on her—she said her aunt gave it to her when she came to see her—I was present when her aunt was there, but did not see her give her anything—I said nothing about forgiving her—when I was going to give her in charge she asked me to forgive her—I told her I had had so much trouble with her that now I should sent her to prison—I went to the relieving-officer before giving her in charge—he told me to do what I liked with her—she said at the station that she had taken the half-crown out of her mistress's pocket—I asked her where she changed it, and she told me—her mistress had left her pocket up stairs for about two minutes.
JOHN CRABB re-examined. I was to teach her haberdashery and millinery, but have given up that trade—I am willing to gove up the 5l., whether she is convicted or not, as I want to get rid of her—she stopped out for two nights a fortnight ago—she is about fourteen.
NOT GUILTY .
JOHN THOMPSON . I am assistant to Richard Crouch, a draper, of High-street, Whitechapel. On 29th Jan., at six o'clock in the evening, I was in the shop—there were a great many customers—I saw the prisoner at the door—I had not seen her before—I received information, pursued, and saw her throw a piece of print in the road—I took it up—it is Richard Crouch's property—it was safe five minutes before outside the door—this is it (produced)—I caught the prisoner.
Prisoner's Defence. Two girls asked me to hold a bundle; they saw the man running, took it from me, and chucked it into the road.
JOHN THOMPSON re-examined. There were two women by her side, about half-a-yard from her—they ran when they saw me—she did not—it was after they ran that she threw down the print—I am sure she threw it down, and that I saw her at the door.
GUILTY . Aged 18.— Confined Six Months.
JAMES JOHNSON . I am a seaman, and live at Ratcliffe-highway. I went home with the prisoner one Thursday—I had no money—I agreed to give her my black satin vest, which was more than the amount of the money, and she was to give me the ticket—I had been drinking—we went to bed about eleven o'clock—I gave her my handkerchief, jacket, and waistcoat, to take care of—I awoke in the morning, and wanted to rig myself—she denied that I had a waistcoat—I said I knew better—she went down stairs, and came back drunk—I only had my trowsers, shoes, shirt, and cap left—I allowed her to take nothing but the vest.
Prisoner. Q. Did not you give the landlady's daughter 3s., to get supper? A. I did not have supper, and had nothing to drink in the house—I had been drinking with two girls that night, and was robbed of eleven sovereigns while I was getting my likeness drawn—I did not permit you to pawn my handkerchief or jacket—I told you to take care of them.
Prisoner's Defence. I told him I was going to pawn the jacket for 10s., and he lent me his shoes, as it was a snowy morning; the landlady went with me; we went into a public house, and she took a waistcoat from under her cloak, and gave it into the man's hand; I did not know she had it; I left them there.
GUILTY . Aged 22.— Transported for Seven Years.
ELIZABETH O'BRIEN . I am a widow, of St. Ann's-court, Soho. The prisoner lodged with me one night—she took the lodging for two months—I went out about nine o'clock in the morning, leaving her in bed—she slept in the same room with me and my little boy—I came home at three, and missed a waistcoat, trowsers, shift, and a sheet—the prisoner was gone, and had not paid—I found the trowsers and waistcoat last night at a marine-store shop in Stain's-court—there is nobody here from there.
GEORGE O'BRIEN . I am nine years old. I was ill in bed on this day, and saw the prisoner go away about eleven o'clock, and take a gown, pair of trowsers, a waistcoat, a shift, a sheet, and a cloak—I was too frightened to speak.
Prisoner's Defence. I know nothing about it; I took my own bundle, but nothing else.
GUILTY . Aged 38.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
OLD COURT.—Saturday, February 5th, 1848.
Before Edward Bullock, Esq. and the Sixth Jury.
THOMAS JONES . I am a wollen-draper, in partnership with Arthur Wilson and another, in Vigo-street, St. James's. The prisoner has been in our employ, as clerk, for about nine months—it was his duty to pay and receive petty cash—one Saturday, towards the end of Jan., he came into the counting—house, and delivered to me some bills, and a book in which he made entries—there was this bill and receipt for 8l. 9s. 2d.—on Monday morning I compared it with his entry in this book, and I ascertained, by referring to another book, that the bill was altered—the one yard at 10d., has been altered to four and a half yards, 10s.; the 11s., to 2l. 9s. 6d., and the adding up, from 6l. 10s. 8d., to 8l. 9s. 2d.—this 8l. 9s. 2d. in the book is in the prisoner's handwriting.
ELIJAH KING . I am collecting-clerk, in the employ of Messrs. Bull and Wilson, of St. Martin's-lane. On Saturday, 24th Jan., about twelve o'clock, I called at the prosecutor's, and presented to the prisoner this bill—it is now a bill for 8l. 9s. 2d.—when I delivered it, it was 6l. 10s. 8d., and the prisoner paid me that much, deducting the 2d.—I signed this receipt for it—these figures, 8l. 9s., are not mine—they were not on the bill when I signed it—the amount which is now 2l. 9s. 6d. was then 11s., and the four and a half yards was then one yard.
Prisoner's Defence. On Saturday. 24th Jan., Mr. King applied for the account which I had paid, and put the bill and receipt in the desk with others; it was unlocked the whole afternoon, while I was out; on my return I examined the bills, and comparing this one with a red book, in which we enter everything that is brought out, I found entered four and a half yards; I altered the one to four and a half, as a rough memorandum, and put in red ink the number to compare with the day-book; on going through my accounts with Mr. Jones, I found that the cash balanced, and I handed over to him what cash I had in hand.
MR. JONES re-examined. I have known the prisoner ten years, as an apprentice, and in three or four situations—he has borne a most respectable character, and I was very glad to take him—I have not the book here which contains the entry he speak of.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
Newcastle-court, on my way from Lincoln's-inn-fields to the George hotel, Strand, where I was staying—the prisoners Ringall and May were standing at the door of a house—they pulled me back into the house, and I fell upon my back—while I was on the ground, I felt their hands at my waistcoatpocket—I got up to make my retreat out of the window—they attempted to detain me—Orrell came up—I do not know at what part of the transaction—I do not think she ever touched me—I called "Police!" and she called to the others to let me go—she did not assist me—as I was getting out of the window, Ringall laid hold of the hair of my head, and held me for some time, while I was calling "Police!"—I at last got out—they them came out of the door, ran me out of the court, and followed me some distance—I found, on feeling in my waistcoat-pocket, which was torn, that I had lost a half-crown—I am sure I had had it a few minutes before I went into the house—I had some gold in the same pocket—I met some policemen, went back with them to the house, and gave the three prisoners into custody—they took of my hat in the struggle, while I was half-way out of the window, and I got back for it, and got it.
WILLIAM CHADWICK (police-sergeant F 2.) About three o'clock in the morning of 2nd Feb., the prosecutor spoke to me, and I went with him to a Newcastle-court—he pointed out the three prisoners in the parlour there, and said that they had drawn him into the house, and robbed him of half-a-crown—Orrell said, "I have the half-crown, he gave it to me to get some gin with"—she gave it me at the station.
Cross-examined by MR. PAYNE. Q. Did not she say, "You gave it me to get a shillings worth of gin with?" A. Yes.
GUILTY of an Assault.— Confined Six Months.
ORRELL— NOT GUILTY .
Before Mr. Justice Williams.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
ANN HANAFORD . I am the wife of Henry Hanaford, an lengraver, living at 44, Rahere-street, in the parish of St. Luke's. The prisoner is one of his apprentices, and had been so for about two years—he had been living with us three years—my husband had one other apprentice, and a journey mas, who worked for him, and who had served his time to his—he did not life with us—the two apprentices, my husband, myself, and three gentleman lodgers, lived in the house—there was no servant—on Sunday evening, 5th Dec., I am my husband went out soon after six o'clock, leaving the prisoner in the house—the other apprentice was out for the day, and the three lodgers, who were friends, had just passed down the street before us—there was nobody left in the house but the prisoner—my husband goes to Falcon-street Chapel, and I go to Church—while at Church, about seven, a neighbour gave me some information, which induced me to go home immediately—I found a crowd there, and I believe an engine—I think the prisoner was in the passage, but I am not quite certain—I immediately went up stairs to the bed-room, and found a policeman and fireman there—I had left the room door locked—when I got back, the catch of the lock was turned down and hanging by one screw as if it had been wrenched off—the bed-furniture was nearly all
burned—the cupboard-door was wide open—it is even with the wall of the room—I should suppose the cupboard is about a yard and a quarter from the bed and furniture; I cannot precisely way—the papers in the cupboard were bundles of old bills and drawing-books—they were partially burned—they were in the cupboard, burned—they had been put out with water, I suppose—I had left the cupboard closed when I went out—I cannot be positive about its being locked, but I have not the least doubt of it, because there is no button to it, it comes open, and there is no way of fastening it except by locking it—I was not the last person that went to the cupboard—there was a tin cashbox, in which my husband keeps his money, in another box in the cupboard—they were open when I came back, and there was no money in them then—I had seen the boxes previous to that evening—there were papers in them besides money—I am not aware that I missed anything except the money—I think there were different papers, but I am not aware whether they were lost—I merely looked and saw the money was gone—my husband keeps the keys of the boxes and the cupboard—I keep the key of the bedroom—when I go out I lock the door and put the key in my pocket—the cash-coxes were brought down stairs and I then sent the prisoder for my husband—I have no recollection of the prisoner saying anything about the room-door before that—my husband very soon came back with the prisoner—there was no saucer on the bedroom table when I went out—there was one kept on my wash-band stand, with soap and a brush in it—that one was on the table when I came back from Church, and smelt of turpentine—there was a small portion of water and turpentine apparently in it—the cupboard and the papers smelt of turpentine—I had had turpentine myself in the room two months before this occurence, so clean the bedstead with—there had been none in the room since then, to my kowledge—I did not use all of it—I used all that I had in the butter-boat, and the butter-boat was taken down stairs—I was in my bed-room that night, when the clock struck six—there was no smell of turpentine there then—I had had my tea before I left that evening, and the prisoner also—I do not know whether he had finished tea or not when we left—I left the ten-things there,. and told him that he might either leave them on the table, or put them back till my return—a screwdriver has been shown me—my husband had one, but I cannot say precisely that was is.
Cross-examined by MR. CLARKSON. Q. How long had the hell been going for Church when you went out? A. I should suppose not more than five or six minutes—it was not so long as ten minutes, I think—the service begins at half-past six—I do not know how for the Church is—I think. I could walk there in ten minutes, or a quarter of an hour—it is in Clerkenwell-square—I had been in the bedroom before I went to Church, to put my bonnet and shawl on—I had a light with me—I never bought any turpentine that I know of—I might have sent the boy for some, and they might have sent for some in the shop—my husband uses turpentine in his business, and a composition also, like pitch, but not like this (looking at a piece)—I am not aware that this is a piece of it—it is much browner than that—the bed was not close to the cupboard, I should say it was a yard off—we had had no painter on the premiser shortly before this—we had a person painting out in the yard on the Thursday or Friday in that week, or he might have been there on the Satyrday; I am not certain—the prisoner was admitted to bail by the Magistrate, and has surrendered to-day to take his trial—he has very respectable friends—I cannot say whether I shut the
street-door when I went out, or my husband—it is my custom to push against it when I go out—we always treated the prisoner well—we parted on friendly terms when we went to Church that evening—when I sent him to fetch my husband from chapel, he was gone as quick as possible.
MR. HIDDLESTON. Q. You say you had a light when you went to dress; where did you get it from? A. From the kitchen—it was an iron candlestick—to the best of my belief, I lighted it from the kitchen candle—after I had dressed, I brought it down again—while dressing, I put it on the bedroom table, which is about three-quarters of a yard from the cupboard—I believe there was nothing on the table but the looking-glass, I cannot precisely say—my usual habit is to push against the door when I go out.
HENRY HANAFORD . I live in Rahere-street, St. Luke's, and am an engraver—the prisoner was my apprentice—I use turpentine in my trade—I have it in in small quantities—I had sent for a pint on the Friday before the fire—it was kept in a tin can used for the purpose, in a cupboard in the yard at the back of the house—I did not use any of that on the Friday, my wife did—I do not know what was done with it—I also use a composition resembling pitch—that was kept sometimes in the cupboard at the back of the house, and sometimes in the shop, where I do my engraving—this produced is that kind of composition—I have brought a piece with me—the workshop is at the back of the house, built in the yard—there is a door opening out of the shop into the yard; and the cupboard, where the turpentine was kept, is about a foot and a half from that door—it opens into the yard—there is a back door leading from the house into the yard, and another door leading from the yard into the shop—there is a small space between—on the evening of the fire I went to Falcon-square chapel—it generally takes me a quarter of an hour or twenty minutes to go there—I came out with my wife—all three of my lodgers left the house at the same time—I am not quite certain who left the house last, but I think it must have been me or my wife—we left no one in the house but the prisoner—while I was at chapel the prisoner came and told me a fire had taken place in my house, and that it had been put out with his assistance—I accompanied him back, and found the house in possession of the firemen—I went up to the back-room on the second floor, which is the top of the house, with the exception of a little loft—I saw there had been a fire there—it was then out—I went to the cupboard, where I kept papers on the shelves—it was open—some of the papers were burnt, and smelt very strongly of turpentine—there was also pitch on them—they were not all burnt, they were damaged by the fire—some were in bundles, and consequently were not burnt, and had no marks of fire on them—I kept this cash-box (produced) enclosed in a larger box, in the cupboard—it was locked safe on the Saturday night, and contained a 10l. note, a 5l. note, and five sovereigns—the keys were in my possession—I had seen the money in the box about eight or nine o'clock on Saturday night—I had received the 5l. note a few days before—I had on one occasion sent the prisoner out to fetch a sixpenny receipt stamp—I did not tell him for what purpose I wanted it—I think it was during the week previous—I was in the parlour when I sent him, and I think he brought it to me there—I think my customer was still there—the two boxes were locked, and the cupboard also—I had the key of the cupboard—it was locked on Saturday night at about eight or nine o'clock, and was not opened afterwards to my knowledge—when I returned from chapel I found the cash box had been taken
down stairs—it had been opened, and the money was gone—the box in which it had been was also opened, and the cupboard door was open—I kept papers in the cash-box, but I am not prepared to say that I missed any except one—I think the prisoner said as we returned home, that he was first alarmed by hearing the breaking of glass—I do not recollect what he further—I was, of course, agitated after having heard of the fire—I have no recollection of hearing from him low the fire originated, or how the room door was opened—I saw a saucer in the bed-room, which smelt of turpentine—I had not moved that saucer from where it was usually kept—there papers (producing some)—are those which were in the outer tin box, and these are some of those that were on the shelves in the cupboard.
Cross-examined by MR. CLARKSON. Q. When the prisoner to you at the chapel, did he walk home by the side of you? A. Yes; I think be walked with my niece who was with me—I did not smell turpentine about him—it is difficult to get girl rid of the smell of it, if a person had been handling it—the saucer which has been spoken of, is the one the soap was kept in—the proper place for it was on the washhand-stand—it was found and produced to me from the table—it was supposed to contain turpentine and water—I do not think the contents have been preserved—I had taken some money from the cash-box on the Saturday-night—the house is insured in the Dissenters' Office—they do not prosecute this inquiry—they have declined to do so—they spoke of watching the case—none of the money has been found—there is a dwarf wall in my yard, surrounding the premises—I keep a ladder hanging up against that wall—the back door of the premises leading into the yard is not usually locked—there is a loft in the bed-room, on the second floor—it has a skylight—some of the glass of thar is cracked—I do not knowe that any is broken—I kept some small articles of jewellery in the cash-box—I have not missed any—there were others ket in a bag on the drawers in the bed-room, such as gold seals which had been sent me to engrave—I presume the prisoner was aware they were there—he is about sixteen or seventeen years old—I think it was between seven and eight o'clock when he fetched me from chapel—I heard that a glass bottle was found in the yard—I cannot say whether it had turpentine in it—the prisoner was given into custody that night, about eleven I think—I had a great difficulty to bring my mind to do it—I think the painter was there about a month before, or thereabouts—I have no recollection of his being there on the friday—there was a part over the door of the yard which, I think, had been pitched during the month—I am fully satisfied there was no painting in the yard on Friday on Saturday.
MR. BODKIN. Q. who did what was done? A. Vine—I do not know where he lives—his mother is a witness in this case—the ladder I have spoken of belongs to me—it hung up against the wall, where it was usually kept—the wall is about eight or nine feet high, and over that there is another person's yard.
MR. CLARKSON. Q. Did not sometimes take up rages, and sometimes pitch, into the bed-room cupboard? A. Never rags, until they are burnt to an ash, having a portion of good of gold with then, and pitch I never take up—the rags were all sold previous to the taking place, so that there were none there then.
MR. HANSAFORD re-examined. There was some turpentine in a tin can on the Friday afternoon, which into a errand-boy had—I cannot say when he fetched it—he poured some into a pipkin for me, and I took it into the kitchen, put some bees-wax with it, melted it, and took it into the first-floor room to rub some furniture, and it remained outside the front room door in a
washhand-stand—it had never been taken higher than that—it is there now, and has been ever since—it was there when I came from Church, but there was no liquid at all—I had not used any other turpentine for more than two months before that.
EMMA VINE . I am a widow, and am the prosecutor's niece. I was with him at chapel, on the Sunday night—the prisoner came to fetch Mr. Hanaford—he told me that the house had been on fire—I asked him who put it out—he said he and two lads put it out—I asked him how he put it out—he said by letting a pail out of the back bed-room window into the water-butt—I asked him how he found it out—he said he had taken the tea-things into the back kitchen from the front, and heard some glass fall in the front kitchen area, that he went to see what it was, he saw people running down the street, and looking up at the house, and heard them call "Fire!" that he went up stairs, and forced open the parlour door with his knee—then he forces open one of the lodger's doors then he opened the street door, and five or six people entered the house—one ran up stairs, and he with him and they forced the back bed-room door open, but could not enter because of the smoke—then the man put a handkerchief round his month, and went in on his hands and knees, went up towards the cupboard door, but he did not know whether he went to the cupboard—the man was a stranger to him, but he had spoken to the policeman, and he saw him go out of the street door.
EDWARD WATKINS . I live at 10, Mason's-place, which commands a view of the back of the prosecutor's house. There is a small row of houses between, which we can overtook—we can see the upper part of the prosecutor's house from the top room window—on the Sunday evening of this fire I was in the court on the ground, and heard an alarm of fire—I went round to Rahere-street, and gave an alarm—I saw the prisoner at the door of Mr. Hanaford's house—he opened it—I do not know whether I had knocked—he said the fire was there, and took me down stairs into the back kitchen—he asked if any one would lend him a little assistance with a few pails of water, to put the fire out—I and about six others, I should say, went down stairs with him—I cannot say whether he went down—he took us to a tap is the back kitchen which supplies the kitchen from the yard—I found one pail down stairs, and that was used to take up water to the upper part of the house—I asked if he had not got a water-butt in the yard, and some more pails—he then took us to the water-butt, and we found some more pails in the yard, and commenced dipping the water—I did not take any water up myself—I then went up to the top of the house, to see if I could render any assistance—I did not go into any room—I saw a smoke coming from the door of the back room which was on fire—the door was open—there were other people there when I went up—I did not stay a minute—I immediately ran down stairs to fetch the engine.
Cross-examined. Q. You rendered every assistance you could? A. Yes, and so did the prisoner, as far as I know—there were two people at the room door, but not in the room—when the prisoner opened the door I did not small him of turpentine at all—as near as I can tell, it was half-past six o'clock when I went into the house.
JURY. Q. Was the prisoner in your company all the time you were in the house? A. After I went into the yard to get the water I lost sight of him, and did not see him afterwards—I do not know whether he was up stairs or not.
MARY JOHNSON . I am the wife of James Johnson, of 8, Mason's-place. From the front of our house we can see the back of Mr. Hanaford's—on this Sunday evening, about a quarter past six o'clock, or later, I saw a flame of fire in the second-floor back room at Mr. Hanaford's—I opened the window, and called out that there was a fire in Rahere-street, and Mr. Watkins was the first person I sw—I told him there was a fire there—I was not exactly looking out og window before I saw the light; I was suckling my baby, and happened to look up, and saw the fire.
Cross-examined by MR. PARNELL. Q. Your window is immediately opposite the back of the premises? A. Very nearly—I started when I saw the flame, and threw up the window—I was frightened, and called, "Five!"—Watkins went away directly I spoke to him.
ELIZABETH CALLOW . I live at 36, Rahere-street. About half-past six o'clock, on the night of the fire, I saw the prisoner at the door of the house—it was almost momentarily after the alarm of fire—he had a dark japanned hand oil-lamp in his hand—it was alight—he said the fire was there—I asked how it occurred—he said he supposed it was by his mistress' taking a lamp up stairs, to dress for chapel; that the wick had fallen or blown off the top of the lamp, and set fire to the bed-curtains—I left him at the door, and went back to my own house, as I had left my door open—I saw several persons going in to the house at the time—I left him standing at the door.
Cross-examined by MR. CLARKSON. Q. Did not he tell you that the fire was put out? A. No—I did not enter the house—I was first alarmed when I was in my yard, by hearing a breaking of glass—it was that brought me to the street door.
COURT. Q. Where did the sound of the breaking of glass come from? A. A few doors up—it was at the moment of the fire—a person came from the back of the house and said there was a fire, and I ran up the street with the person—I thought the breaking of glass was in the stree, but it was in a yard five or six doors up, next door but one to the prosecutor's house—it fell on some tin, and that made a noise—it was from a person throwing up a window—the line broke, and the window falling broke the glass—I did not see the window.
MR. BODKIN. Q. Had you heard an alarm of fire before you heard the breaking of glass? A. No. I heard it almost momentarily afterwards—I only went through the passage to the door, and then I found a person coming round from a court at the back of the house, calling out that there was a fire.
MARY MASHFORD . I am sister-in-law to Mr. Hanaford. About half-past three o'clock on the Sunday afternoon I was in the bed-room—there was no smell of turpentine there then—the saucer was then on the washhandstand, with a piece of soap and a nail-brush in it—I left the house about four o'clock.
Cross-examined by MR. CLARKSON. Q. How far was te able from the washhand-stand? A. I think about a yard and a half—the saucer was on the table when I went into the room about nne o'clock—that was after the fire—there were firemen and policemen there then.
JOHN HAYNES (policeman, G 155.) I went to this house near upon a quarter to seven o'clock—I found two other constables at the door—I went up stairs to the second-floor bed-room—there were four men there, outside the room—I went into the room a little way—it was full of smoke, and I was obliged to come out—after chucking a great quantity of water in, I tid a handkerchief round my mouth, and went in on my hands and knees, and pulled
the top part of the window down, which got rid of some of the smoke—the cupboard was open, and a quantity of papers there, all burnt—they were in a flame when I first went into the room—they smelt of turps—the firemen came in, removed the bedstead, and there found, in a basket, by the side of the bed, by the fire place, which was blocked up to keep the draft out, some sheeting all alight—I saw it found—the bedstead was close against the fireplace, and so was the basket—it was underneath the bed—there was nothing between the bedstead and the fireplace—the cupboard was at the corner, by the foot of the bed—the side of the bed was to the chimney, and the head towards the door, up against the wall—the fireplace almost faced the door——the window was on the left hand, and the cupboard in the corner, between the fireplace and the window—the cupboard door opened flush with the wall—a table was under the window, against it—the cupboard was almost at the end of the bed—if you walk down the side of the bed next the wall, and opposite the door, you would pass the chimney-piece, then come to the cupboard, and the window faces the foot of the bed—the cupboard door comes down to the floor—the cupboard was between the foot of the bed and the window—it was quite clear of the foot of the bed—there was quite room for it to open—when it opened, it fell back towards the window—the open part would be nearest the fireplace, the basket, and bedstead—the cupboard shelves were about a yard from the bed-curtains—the foot of the bed was about a foot from the chimney-board—the bed was close against the wall originally—the firemen pulled it out when they found this basket—the curtains were burnt from the foot up to the head—there was only the back part left—I did not see whether the curtains had been drawn down to the foot, or whether the lower part of the bedstead or curtains were burnt—I did not notice the table till about five minutes after the firemen came in—there was a saucer on the table—I examined it, and there was about a table-spoonfull of turps and water it it—I saw the prisoner in the passage when I first entered the house—I did not see him up stairs till Mr. Hanaford was fetched—I did not give directions for her to be fetched—she came up stairs, and the prisoner with her—he said nothing in my presence—I found this glass bottle in the yard, by the side of the water-butt—it contained about a tablespoonful of pure turpentine—I saw the firemen pull the cash—boxes out of the cupboard, when Mr. Hanaford asked for them, upon being asked for the policy, and I carried them down stairs—they were not wide open then—they were undone, as they are now—I heard Mr. Hanaford send the prisoner to fetch her husband from chapel—that was about three-quarter of an hour after I got there.
Cross-examined. Q. What time did Mr. Hanaford come? A. I cannot say—Mr. Hanaford sent for him directly she came—I never had the turps and water in my possession—I only knew what it was by smelling it—I cannot tell what proportion of water there was—I had thrown full a dozen and a half pails of water into the room—there had been four pails in use—they had been in the yard, where we found the tin can in which the turpentine was—I do not know whether there had been any turpentine in any of those pails, or whether any of them had been knocked over—the whole room smelt very much of turpentine—I went into the room on my hands and knees—I do not know how anybody else went in, or whether anybody went in before I came—I found four people at the room—door when I went up—none of them are here—the prisoner did not tell me that there was valuable property of his master's, upon which he was working, on the drawers in the room.
MR. HEDDLESTON. Q. Did you see the tin can in the yard? A. No; another constable brought it up stairs—I know nothing about it—the bottle I found was lying on its side, with the cork in it—nothing had escaped from that, as far as I know—Sergeant Brown was with me.
WALTER HENRY BROWN (policeman-sergeant, G 16.) On this Sunday I went to the house between seven and half-past, and found the prisoner there, with Mr. Hanaford, in the back parlour—these two boxes were produced—I asked if there was anybody to send for Mr. Hanaford, and the prisoner went—I went with the firemen into the top back bed-room—I noticed the door—there was a slight indent between the door and the wood-work, as though a screwdriver, or something of that sort, had been pushed in—there were two marks, one about six inches below, and the other about six inches above, the lock—I went to the cupboard door; it was wide open, and on one of the shelves, where the cash box was, close against the wall, and in front of the cash-box, was a quantity of paper—this burnt paper and pitch was by the side of the cash-box—a quantity of loose paper had been on fire, and this pitch was between it—the paper was very wet with turpentine and water—there was full half a bushel of paper, beside that which was burnt—the lock of the cash-box appeared to be towards the wall, and immediately over the cash-box, on the next shelf, was this hare's foot—the paper was on the shelf where the cash-box was, and on the shelf above it—there was an indent on the cupboard door, as though a screwdriver or some instrument had been used to force it open—it was near the lock, but more towards the door, so as to release the lock from the door, as if by being prised—it had been forced back—the bolt of the lock had been released from the hasp—the bolt was shot when I saw it—I compared the marks with a screwdriver which Mr. or Mr. Hanaford gave me out of the back kitchen—it appeared that the same instrument had been used to open both doors—I have brought the cupboard door here, but not the room door—the marks on the bed-room door corresponded with those on the cupboard door—the cash-box was on a shelf, and above that was another shelf, on which there was a quantity of loose paper, and just projecting over the shelf above the box was this hare's foot, quite saturated with turpentine, and the whole of the paper on both shelves was sprinkled with turpentine—the shelves were burnt a very little at the edge—at the top part of the bed-room door the paint was blistered by the fire, as though the fire had escaped after the door was opened—the bed furniture and some part of the things were burnt, and the chimney-board—I saw pitch in the cupboard and on the papers—the centre part of the paper was much more burnt than that above and below—that was n the shelf that the box was on—the edges of the paper above were burnt—some of the papers which were not burnt had stains of turpentine on them—I did not notice any marks of turpentine on the cupboard door—when his master came home, the prisoner and he went with me into the bed-room—I asked the prisoner how the fire originated—he said he did not know—I asked how he first discovered it—he told me he thought it was on the first floor, that he went there, and found it was not there, he went to the second floor, and found it was in his mistress's bed-room—I asked if the door was open, and he said it was shut—I asked bow he got it open—said he got a pair of tongs, and gave it a blow, it then gave way a little, and he pushed the remainder open with his hand—I examined the door—there were no marks of tongs on it—the prisoner was given into custody about eleven o'clock—he said, "It looks very black against me; I am innocent I not care for myself, only for my poor
mother"—I asked him, in his master's presence, in the bed-room, if he knew that his master had any money—he said, "Yes," he should judge he had, from buying a stamp only a day or two before, which he gave 6d., for—in the outer cash-box there was an indenture of apprenticeship—I found grazes of some small instrument on both cash-boxes—I cannot say that that was done with the same instrument that the marks on the door were done with.
Cross-examined. Q. What tie dod you come? A. Between seven and half-past—I did not find the bed-room full of water, it was swamped with water—I first saw the cash-boxes down stairs, on the table—the papers was on the shelves—I did not say not that there were papers above the box and below it; I said above and below the shelf—I did see the box on the shelf, but I saw it first down stair—there were no papers down stair then, with the exception of those that were in the box—I took the boxes up stairs for the firemen to show me how they were found—I said nothing to Mr. Hanaford about giving the boy in custody before he did so—I did not tell him that if he did not give the boy in custody the fire-office would prosecute him—no such thing was said, to my knowledge—I said it was a suspicious matter—the fire was quite out when I got to the house—I am a police-sergeant—while I was waiting for my men, I heard to the there was a fire in Rahere-street, and went there—my men were engaged at the house—I first began to question the boy about eight o'clock, when his master came home with him from chapel—it might have occupied ten minutes—I did not cross-examine him for half an hour—there were no cross questions—I asked him who his acquaintances were, and if he had a sweetheart, that was all—I did not ask him if he had been to a public-house or a private-house—I swear I did not.
GABRIEL GRAVETT (policeman, G 235.) I was on duty in the street about half-past six o'clock in the evening—there was an alarm of fire, and I saw the mob run to the house—I went to the house—the door was opened just as I reached it by the prisoner; he said, "The fire is here, come in;" and several people entered just before me, and I followed—he said it was is the back bed-roomn, second floor—after I had gone in I closed the door, to keep anybody else from coming in—I went up stairs, and saw the room was fall of fire—I came down, and sent for the engine and the turncock—I could not go into the room on account of the fire and smoke—the door was open;—the prisoner said he went up stairs, and broke it open with the tongs, and then discovered the fire was there, and that he came down stairs and opened the door directly—he told me that just after I entered the house—I did not examine the room door—I was not down stairs more than two or three minutes; when I went up again there was nobody in the room that I am aware of—I could not see any one, and I believe there was not—they were then throwing water into the room—the fire was as bad as it had been—I saw Haynes go into the room on his hands and knees; that was ten minutes after I had come up—I had been down stairs to the passage, to prevent people coming in, and when I returned he went in—the fire was then to some extent subdued—I saw the prisoner on the stairs while the water was being carried up—he repeated several times that his master kept some property and his work in that room, and I told Haynes if he could find a desk, or anything portable, he had better bring it out—I cannot say whether the prisoner was present then—I asked the prisoner if he knew what his master kept his property in, and he said, "No. "
Cross-examined by MR. CLARKSON. Q. Did no he appear desirous that
somebody should go immediately into the room to secure the property? A. No; I dare say that was his object in mentioning it—five or six people went into the house with me—there were none there before me—I swear there were not a dozen there—I do not know whether Watkins was there or not—I suppose it was about half-past six o'clock—I was there before Sergeant Brown—the prisoner never asked me to go in and secure the property—he said two or three times, and perhaps four, that his master kept his work and his property there—I dare say he was anxious to get it out—I believe he did not repeat two or three times his wish to get his master's property and work out of the bedroom—I did not hear him say so—I do not recollect it.
MR. BODKIN. Q. Were the three or four persons that were up at the bedroom when you got there, all persons who had come in at the same time as you? A. Yes.
MR. CLARKSON to EDWARD WATKINS. Q. Were there any policemen going in when you went in? A. No, none went up stairs with me.
MR. BODKIN. Q. How long were you in before you saw them? A. They were stationed at the door when I went in—I do not know whether any of the followed me or not.
JOHN CRUMPTON . I belong to the Whitecross-street Fire Brigade. I went to the house about ten minutes to seven o'clock—Gravett opened the door for me—I went up stairs, and found Haynes there—the fire was not quite extinguished—the boards before the fire-place were nearly burnt through—there was a basket of linen under the bed, one end of which was burnt—I asked the prisoner how he had discovered the fire—he said by the falling of glass, or something similar, down at the back, from the back window—I understood him to mean the back of that house—I did not ask him any questions about it—he said he got into the room by breaking the door open with a pair of tongs; and he had been in the room once before, three months before—I was the first person that too the tin boxes out of the cupboard—they were open.
HENRY HANAFORD re-examined. This hare's foot, which has been produced, is a thing which I use in my trade—I had several of them, and generally kept them in that cupboard—I also keep tools of different kinds there—the hare's foot was shown to me on the night of the fire—it smelt of turpentine, to the best of my recollection—I can say with respect to the papers, but not with respect to the hare's foot, my memory does not serve me—I think it very probable that I might have ad a hare's foot there that day, because of my having them there—I never use hare's feet for turpentine—I use them to sweep up the gold cuttings, which I take from the engraved articles—I never had any turpentine in that closet.
MR. BODKIN. Q. To what amount is your property insured? A. To 100l., but I consider it to be worth about 200l.
MRS. HANAFORD re-examined. A person named Davis, who is here, came to the Church, and gave me information of the fire.
MR. CLARKSON. Q. Were you passing the door, hearing the alarm, or seeing the fire, did you go in? A. I went in, and asked the prisoner where his mistress was—he told me she was at church, and I went to the church to fetch her.
( John Winter, wine-merchant, st. Helen's-walk; Martha william, widow Windmill-street. Finsbury; Isaac White, tailor, 28. Tabernacle-walk, Finsbury; T. J. Morgan, 19 Singleton-street, Hoxton; John Oldrey, Thomas Perrott, and Charles Perrott, lodgers in the house in question; James Holliday, painter; and Mr. Hanaford, deposed to the prisoner's good character.)
GUILTY . Aged 16.—Recommended to mercy by the Jury and Prosecutor.— Transported for Seven Year.
NEW COURT.—Saturday, February 5th, 1848.
Before Mr. Common Serjeant and the Second Jury
PARKER— GUILTY . Aged 32.
PRALL— GUILTY . Aged 56
Confined One Year.
674. MARTHA MATTHEWS and ANN PLATT . stealing 1 pair of stays, 3 petticoats, 2 collars, and other articles, value 1l.; the goods of Thomas Wilkinson, the master of Platt; also 2 pieces of velvet, 2s.; the goods of Eliza Miller; Platt having been before convicted; to which
PLATT pleaded GUILTY . Aged 28.— Confined One Year.
NO evidence offered against MATTHEWS.
MR. WILDE conducted the Prosecution.
JOHN SHAY I am in the service of Mr. Fairburn of Old-street, St. Luke's wire-drawer. I am a weaver by trade—I have seen the prisoner at his master's—I brought wire of him in 1847—I cannot recollect whether I brought any of him about April—I cannot recollect any sum I paid him—I cannot read—he gave me receipt for the amounts I paid—I fetched it twice or three times a month, during the whole year, for Mr. Fairburn.
Cross-examined by MR. BALLANTINE. Q. You paid the prisoner the whole of the year, and took receipt of him? A. Yes; I did not pay other persons, and get a receipt from him—I have sometimes received receipt from the young man at the desk, paying the first part of the money to the prisoner, and the remainder to the young man, and then getting the receipt—I got the goods when the whole amount was paid—I might receive the good from the young man one time in twenty.
ROBERT FAIRBURN . I am a wire-drawer, at Old-street, St. Luke's I have brought wire of the prisoner for a number of years—I cannot speak to ✗me percise dates—I sent my man for them, and he brought the goods and these invoices—I must have made the purchases, or I could not have had these invoices—They are, "14th April, 5l. 11s.; on 16th may, 5l. 7s. 8d. and on 29th June, 5l. 7s."—it was my practice to give the money to my servant, and he brought back the goods, the invoice, and the receipt.
Cross-examined. Q. Was not be obliged to pay of the money, and the remainder another time? A. he used to take goods to my customers, and come that way back, and bring the goods in his hand—the part of the money be collected he was to leave at Mr. Ormiston's, and bring part of the goods away, not all—he left money applicable to that part—he sometimes used to leave 2l., and sometimes 3l.—he was always desired to leave what money he collected—I used to gave him the remainder of the money, and he brought the goods—on 14th April, here is a receipt for 5l. 11s., that was paid on my account—my servant must have left 2l. or 3l., and brought some things home—I gave him the balance, and he fetched the remainder of the goods and the receipt.
MR. WILDE. Q. Can you, or can you not, remember having made a purchase of wire in April? A. Only by the invoice—I can swear to this invoice being brought by shay—I received the goods, and I gave the money to pay the prisoner the balance.
PRIEST SHRUBB ORMISTON I live in Martin's-lane—I am agent for the Hereford and Bristol Iron Company. I received a commission, and paid the prisoner and the other servant—the prisoner was absent at Christmas—I examined my stock, and found a deficiency, in consequence of which I saw him.
Cross-examined. Q. Did you say to him, "If you will tell the truth I will be kind to you?" A. Certainly not—I anxious to hear him state the truth—to the best of my belief, I said my family had ever shown him kindness, and it was his duty to account to me—I cannot say whether I said positively it would be any good for him to do it; my impression is that I did not—on finding this deficiency I applied to him for an explanation of it—I asked him whether any goods had gone out of the stock without being entered; he said eh believed out—I said he had better save trouble, and tell me the cause of the deficiency—I do not remember saying he had been an old servant, and I did not wish to hurt him—I cannot swear I did not.
COURT Q. Did you hold out a promise of benefit to him by telling you either directly or indirectly? A. Certainly not—I should think nothing passed that might have induced him to believe tat it would be better for him in any way to state it.
MR. WILDE. Q. What took place? A. I asked him whether this deficiency had occurred by any dishonestly on his part—he said it had—that he had appropriated money, received on my account, to his own purposes—he mentioned Mr. Fairburn, and Mr. Pilkington, and Mr. Hayes—I said the amount of the deficiency was very serious, 400l. 500l.—he said the not possibly account for so much, that he had not appropriated near so much as that, but he had appropriated a part of it—there could not be any deficiency in retailing wire, it must have been by having sent goods out, and not entering them, or by having appropriated the money—he said he was Sorry to say he had, in some instances, appropriated maney to his own use—I said if he commenced as he said several years ago, I should have discovered it at Christmas—he said he had made a false entry of stock for several years, to account for the amounts—it was his duty to receive the small accounts of petty cash which the retail customers paid—he usually brought me the account at the end of each month, to pay my bankers—he kept this book, in which it was his duty to enter the sums he received—on 14th April here is no receipt of any money from Mr. Fairburn—on 16th May here is no payment made by him—on 29th June there is no payment made on the part Mr. Fairburn—these
three invoices and receipts are the prisoner's writing—no other person received money in the prisoner's presence, only in case of his absence or illness—he never accounted to me for these sums.
Cross-examined. Q. How long had he been in your employ? A. Since 1840, but he was with my father for many years before—he admitted appropriating moneys of Mr. Fairburn's—"appropriated" might be the word he used, or it may be the construction I put upon it—he used the word "not accounted for," or "not entered"—I have three clerks, but only the prisoner to take money—in his absence, James Summers, a clerk, has to take it, and would write the receipt—it was the prisoner's duty to make sales—I have a daily sale-bood—there are no entries in it corresponding with these invoices.
(The prisoner received a good character.)
GUILTY . Aged 59.—Recommended to mercy by the Prosecutor and Jury.— Confined Nine Months.
676. CHARLES WHEELER , stealing 1 300l. note, 1 100l. note, and 1 50l. note; also, 1 500l. note; also, embezzling 400l. also, stealing 400 sovereigns, 800 half-sovereigns, 400 crowns, 400 half-crowns, 400 shillings, and 400 sixpences; the moneys of William Miller Christy and others, his masters; to all of which he pleaded
GUILTY . Aged 33.
(Mr. Bedell, a banker's clerk, of Henrietta-street; Captain Graves, of the First Dragoon Guards; Mr. Foxall, surveyor, Hanover-square; Mr. Burn, gentleman; Mr. Charles Consins; Mr. Connerly, a wine-merchant; and Mr. Bound, a banker's clerk; gave the prisoner a good character.)
Transported for Seven Years.
LEMUDE— GUILTY . Aged 19; his master gave him a good character, and engaged to employ him.— Confined One Month.
CARTER— GUILTY . Aged 56.— Confined One Year.
NOT GUILTY .
679. SAMUEL PHILLIPS and THOMAS COLE . stealing 19 hams, value 12l.; the goods of Thomas Taylor; and LAVINA ROBERTS , feloniously receiving 1 ham, part of the same; Roberts having been before convicted.
GEORGE MAYHEW . I am warehouseman to Thomas Taylor, a cheese and ham-factor, of Tooley-street. On 10th Jan., about twelve o'clock, I went to the docks to get some hams, from the ship Sarah Martha—I engaged Phillips to get them on shore, and agreed to give him 5s.—I said I would send a van for them in an hour and a half—the man went, Phillips refused to give them up, without he gave him 1l.—the man came away without them—I went down next morning, with a cart—I found the tierce had been broken in, and some of the hams were gone—some of them have been traced, and I believe they are ours.
Cross-examined by Mr. ROBINSON. Q. who had the custody of the hams?
A. They were in the Sarah Martha, lying in the Canal-dock—I gave the mate the order to deliver them to Phillips—I had engaged Phillips to convey them on shore.
WILLIAM BILES . I keep the Anchor and Hope public-house. On 10th Jan., about eight o'clock, Phillips came to my house by himself—he came a second time, with Cole—he had four hams—they asked me if 1 wished to purchase them—I said, "No," but afterwards bought them for 10s., and got a bill and receipt for them—Phillips told me he received them for freightage, at the docks, instead of money—they weighed about 40lbs.—I do not know whether they were good.
Cross-examined by MR. ROBINSON Q. Was not Phillips very drunk? A. I did not observe it.
Cross-examined by MR. HORRY. Q. Did not Phillips give Cole 8d., and say that was for assisting him with the hams? A. Yes, he received 8d. for porterage.
STEPHEN OSBORNE . I am a carman. I was sent down with a van, to the Regent's Canal-dock, for the hams—I saw Phillips, and told him I had come for the hams—he asked how much money I had brought—I said, "7s. 6d.," 5s. was for him, and 2s. 6d. for landing the hams—he said, "You must bring a sovereign, or you won't have them."
Cross-examined by MR. ROBINSON. Q. Were they loose? A. No; in two hogsheads and a tierce—they were all right and sound—I could not see say of them peeping out of the tierce—it was not broken when I delivered them—he was merely to take them from one place to another—he had no right to break them.
RALPH FIELD THOMAS (Thames-policeman, 18,) I took Cole—he said he knew nothing about the hams—he said afterwards he had been paid 8d. for carrying them, and he had a drop of rum—I took Phillipe—I went to Arnold's, and found a ham, cut up and covered with a handkerchief.
GEORGE MAYHEW re-examined. Q. Have you the invoice of the hams? A. Yes; Mr. Taylor brought them, and had them consigned to him from Goole—the invoice comes in general before the goods—I saw two hogabeads and a tierce—there were forty-seven hams in the tierce—I saw it afterwards, and half the head was taken off, and some of the hams gone—there was a space, where about a dozen hams might have been.
(Phillips received a good character.)
PHILLIPS— GUILTY . Aged 22.— Confined Six Months.
COLE and ROBERTS— NOT GUILTY .
MR. PAYNE conducted the Prosecution.
Wardour-street, Soho. On Thursday morning, 13th Jan., about eight o'clock Charles Everard came to our shop and purchased a loaf, and some tea and sugar—he tied them in a bundle which he had with him, and he asked if I would allow him to leave it for a few minutes, which I did—he did not come for it, and I called in an officer—there were new coats in it, besides the tea, sugar, and bread—Charles came about ten o'clock at night—Wells took him and the coats.
THOMAS WELLS (police-sergeant, C 1.) On the evening of 13th Jan. I was called to Garratt's—the bundle containing the coats, tea sugar, and bread—was shown me—part of the binding in the coats had been cut away—I went home, put on a plain coat, went to the shop, and waited—Charles Everard came about ten o'clock—I heard him ask for his bundle—he was told to come into the parlour for it—I shut the parlour door, and put my back against it—I told him I was an officer, and asked what the bundle contained—he said, "Coats"—I asked what he was—he said, "A tailor"—said, "I suppose you made these coats?"—he said no. he bought them some time since of a man he did not know—I asked him where he lived—he said with his father, but his father knew nothing of the coats—I took him to the station—in going along he said it was no use concealing it any longer, he was found on him, which has been given up—I went to 62, George-street, Hampstead-road, and found two more coats there—one of them had Mr. Bax's label on it—on 17th Jan. I went to the Yorkshire Grey in Piccadilly, and saw Ann Pollard—she gave me this coat—the label appears to have been recently taken off it—I went to thomas Everard's house, beckoned him out, and said he must consider himself my prisoner—I asked him if he had been to Mr. Dawson's, in Piccadilly, and said, "You know the suit I am on"—he said, "I do, the suit of my brother Charles"—I went to his house again on the 14th, and found a coat there without a label.
ANN POLLARD . I live at the Yorkshire Grey. On the morning of 14th Jan. thomas Everard came about eight o'clock, and asked me to take charge of a coat, which I did—he came again on the 17th, and asked the landlord for the coat—he said he could not give it up; he had heard of a robbery, and wished to inquire into it—it was given to the officer.
DANIEL BAX. I live at 46 and 48, Regent-street. I missed some costs—Charles Everard was in my employ previous to 13th Jan.—he was a confidential man, and was trusted with the keys of the shop—he went there in the morning before other persons—these coats are all mine.
(Charles Everard received a good character.)
CHARLES EVERARD— GUILTY . Aged 30.—Recommended to mercy by the Prosecutor.— Confined Four Months.
THOMAS EVERARD— NOT GUILTY .
(There was another indictment against Charles Everard.)
MESSRS. GODSON and PETERSDORF conducted the Prosecution.
EVERARD HOME ROBERTS COLEMAN . I am a clerk in the General Registry-office for seamen. The prisoner came to the office between eleven and twelve o'clock last Tuesday to change this old ticket—he received this clean one of the same number, which was returned to me by Bowers, about three that afternoon.
Prisoner. It was between two and three when I changed my ticket. Witness. I may mistaken in the time—I am sure you are the person.
ANDREW MILLER . I am a seaman, and a native of Sweden. I have been employed on board vessels in the English service—I cannot read English—I met the prisoner on Tuesday in the Minories—he had this ticket in his hand, and said he wanted to sell it—I asked what it was—he said, "A register-ticket, and it will come handy for you at times"—I said, "I do not want it"—he asked me again, and wanted 6s. for it—I said I would not give him any money—he said he was hard up; he had gave me the ticket—I did not know what I should do with it—Bower spoke to me, and I give him the ticket.
Prisoner. You asked me if I had a register-ticket to sell, and said you would give me 4s. for it; I said my ticket would not do for you; you made me drunk; you knew you were taking me in; we spent the money in drink together. Witness. you said, "I have got a register-ticket to sell"—you kept the 4s.—we had one pot of beer—I had one drink of it.
JOHN BOWER . I am a licensed shipping-agent and lodging-house keeper. Miller was lodging with me about a fortnight—I was in the Wool Pack on Tuesday—the prisoner came in, with a ticket in his hand, which locked new—he was showing it to the sailors—I came out, and saw him and Miller go up a street, and saw something pass between them—they went into a public-house, and came out—I said to Miller, "what have you been doing?"—he said, "I have been buying an English ticket; I can get an English ship at any time"—I got this ticket from Miller.
THOMAS TOWNSBED (policeman, H 54.) I was present before the Lord Mayor—the prisoner made a statement, which was taken down, and rend to him—this is the Lord Mayor's signature—(read)—"The prisoner says, "I was led astray, and gave up the ticket for 4s.; we went into a public-house; and drank it, and he had me taken up; I was not aware I was doing wrong; I had only just come on shore."
GUILTY .—Recommended to mercy by the Jury.— Confined Fourteen Days.
THIRD COURT—Saturday, February 5th, 1848.
Before Edward Bullock, Esq. and the Fourth Jury.
MR. BOWLES conducted the Prosecution.
Cross-examined by MR. HORRY. Q. When had you last seen them? A. About twelve o'clock the day before—the shed is in a field, half a mile from my house—it was locked up.
six o'clock, I saw the prisoners coming in a direction from the shed—Cook had a large sack—I saw a winker and a strap hanging out—they were going towards Brazier's, the sweep's—I saw them return together without it—my brother was with me—Stone took him away.
Cross-examined. Q. How old are you? A. Sixteen—I have been a pot-boy at Kensington—I have worked at a blacksmith's—I have been out of a situation ten months—I have been in the House of Correction during that time, with my brother William, for stealing a cap—my father paid for me but I had three weeks—my father paid me off on a charge of stealing turnips—the last time I was in the House of Correction was two years ago—I have not been there, or charged with stealing anything, in the last twelve months—I had one month for stealing two rabbits from Mr. Webb—neither of my brothers were in that affair—I have not been in prison half a dozen times; I think I have been four—when I saw the prisoners I was waiting for my brother William, who was talking to another boy—we had been up to my mother, who was at work, to get some money, to get our tea with—it was ten minutes before I saw the prisoners again—I went in-doors, and presently my brother came in—I told the Magistrate the first time I was there that I saw the winker hanging out—I saw the brass on it shining against the light.
EDWARD SCOTNEY (policeman, T 21.) I produce the harness, which I got from Mr. Saunders—I know that the witness Staples is dead—the surgeon told me so, and I saw the coffin come out of the house—none of his family are here. (The COURT decided that there was not sufficient evidence of Steple's death make his deposition receivable.)
WILLIAM MALVILLE . I am brother of the last witness. I was with him—Staples called me, and asked if I would go and sell a set of harness—he said it came out of the country, and that I should find it on Brazier's dangheap—he said I was to have part of the money, and that there was another one in it—I refused to have anything to do with it.
Cross-examined. Q. What were you doing out? A. going for a walk—I had just left my father—I was talking to a boy who lives in Hammersmith—I do not know his name, or that he has been in the House of Correction—we were about two minutes' walking about—we did nothing else—I was in the House of Correction three years ago, with my brother, for stealing a turnip—I am eighteen years old—I have had a place as pot-boy for a week—I was at a post-office before that for three years.
JOHN MELVILLE . I am brother of the last witness. On the night of 4th Jan., Stone came to my house, and asked if I would sell some harness for him—he said it was on Brazier's dung-hill—I said, "Where did you get it?"—he said, "Up at Mr. Saunders's"—I said I would have nothing to do with it—I went up the town—he went into the night-house and fetched Cook out and we all went to Brazier's—they said, "There it lies, on Mr. Brasier's dung-hill"—I said I would have nothing to do with it, and walked home.
Cross-examined. Q. Have you been in a situation? A. I work with my father—I am seventeen years old—I was never locked up at all—Scotney asked me to come to the Police-court—I do not know how he knew I knew anything about it—I told nobody but my brother William—I did not tell the policeman, because I would not have anything to do with it.
NOT GUILTY .
683. DAVID COOK was again indicted for burglariously breaking and entering the dwelling-house of Andrew Smith Flintoff, at Hammersmith, about one in the night of 27th Oct., and stealing therein 30 bottles; 3 gallons of wine; 6 quarts of whiskey; 4 pints of gin, value 6l.; and 1 coat, 2l.; his goods; having been before convicted.
MR. BOWLES conducted the Prosecution.
ANDREW SMITH FLINTOFF . I am a music-seller, at Hammersmith. On 28th Oct., between seven and eight o'clock, a communication was made to me—I went down and examined my premises—I found the flap of the coalcellar open, and a hole had been cut sufficient to allow a large hand to be put in, and the bars inside to be removed—I returned into the house, and found a large panel taken out of a partition in the side of the wine-cellar—I entered the cellar through the hole, and found it was empty—I missed between 5l. and 6l. worth of property—this coat (produced) is mine—I saw it safe the day before.
EDWARD SCOTNEY (policeman, T 21.) I tool the prisoner on 8th Jan.—I searched his lodgings—I saw his wife take a bundle from a cupboard and put it under a bed—I examined it, and found this coat—I found twenty-eight duplicates, two relating to this property; also these home-breaking instruments, which I compared with the marks on Flintoff's premises, and they corresponded—I returned to the station, and told the prisoner I had found a fur coat in his house—he said a cabman gave it him three or four months ago.
Cross-examined by MR. HORRY. Q. Are not the house-breaking implements carpenter's tools? A. No; here is a Jemmey and chisel.
Cross-examined. Q. Have you been in the police ever since? A. Yes; and six years before that—I have had 200 or 300 cases altogether—I have seen the prisoner week after week—he lives in my neighbourhood—I merely looked in the register kept at the station, and found the name of David Cook—I have never lost sight of him for fifteen years—I was a witness against him on 15th Dec.—he was then acquitted.
GUILTY of stealing the coat. Aged 31.— Confined Twelve Months.
JOHN KING . I am a bookseller, and live at Little Britain. On 15th Jan., about one o'clock, I was in Fleet-street with a friend—I felt a hand in my pocket, turned round, and found the prisoner close to me—he said, "I have got nothing"—I ran after him; lost sight of him in turning the corner of Chancery-lane, got sight of him again, and he was stopped by Rodgers—my handkerchief was not moved—I felt the motion of the prisoner's hand.
Prisoner. Q. You were intoxicated? A. I was not—I did not strike you.
GUILTY .* Aged 16.— Confined Four Months.
GUILTY . Aged 15.— Confined Eighteen Months.
NOT GUILTY .
GUILTY , and received a good character. Recommended to mercy by the Prosecutor.— Confined Twelve Months.
ROBERT RIVIERE . I am a bookbinder, in great Queen-street. The prisoner was in my service for twenty months or two years—he left in the beginning of Jan.—on 25th Jan. I saw this book (produced.) at Mr. Stibbs', in the Strand—it was one which I had care of for Miss Levy—it was sent to be bound in 1842—I had not missed it—I am positive of it—it must have been in my possession at the close of 1845, because I built some workshops, and this book was stowed away there—I produce a tool which fits the ornaments in the corners—I bound it myself—a man robbed me formerly, but it was in my possession after he left—I know I moved it when the workshop was completed.
Cross-examined by MR. PRENDERGAST. Q. How long did you find the book after the prisoner left? A. Three weeks or a month—I saw it accidentally—I buy books there—it has my own peculiar tooling on it—I cut away the bottom part of this tool, to make the design to put on this perticular bookthey tally exactly—I have never used the tool since—the prisoner worked for me in 1843 or 1844, not in 1842—he left, returned in 1846, and remained till Dec. 1847.
ALEXANDER ROBERTSON . I am a bookseller, at Queen's-place, Great Queen-street. Two or three months ago Shenton brought me this book—I sold it to Mr. Stibbs for 7s., for Shenton, and gave him the money.
Cross-examined. Q. Is Stibbs here? A. No; he lives at 331, Strand—I did not keep the book a quarter of an hour.
EDWARD SHENTON . I live in Green-street, Blackfriars. This book was brought to me by the prisoner about two years ago, or rather more—I gave him 7s. 6d. or 10s. for it—I knew him as a customer three or four years before—I had had it six or eight months; I had to make up some money, and pledged it—I afterwards got it out, and give it to Robertson to sell for me, not quire three months ago—he gave me 7s. for it.
Cross-examined. Q. Why did not you sell it yourself? A. Because he was in the trade, and knew more about it than I did—I was not to give him anything—I did not sell any more—he has sold books for me before—it has been used considerable—I always thought the prisoner a respectable persons.
(The prisoner received a good character.)
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
WILLIAM MILLERMAN (policeman, B 95.) On 12th Jan., about a quarter past seven, I saw the prisoner in Castle-lane, coming from the neighbourhood of James-street, with this lead under his arm, in an old handkerchief—I asked what he had there—he said, "Nothing"—I found it was lead fresh cut—I took him, after a severe struggle—he said he found it in the Park—he kicked me very severely—a watchman came and helped me—I compared this lead with the roof of Mr. Wilberforce's shed—it matches exactly—I took this piece of wood from the roof—it fits this groove in the lead.
Cross-examined by MR. PARNELL. Q. Was the lead all covered over with the handkerchief? A. No—it was doubled up.
GEORGE SQUIRE . I am butler to William Wilberforcwe, of 7, James-street, Buckingham-street-a policeman came, and I missed some lead from the roof of a shed in the garden—the lead found exactly matches the woodwork—another piece runs along the top on the edge, where there was a joint which fits into this groove.
Cross-examined. Q. How much was there on the shed? A. 150 or 200 lbs.—I missed about 18 lbs.—this beading is turned—there is a street between the house and the Park—he garden is at the back.
GUILTY on 2nd Count. Aged 31.— Confined Six Months.
BEDDLE pleaded GUILTY . Aged 48.—Recommended to mercy by the Prosecutor.— Confined Six Months.
RICHARD ATKINSON . I am a coal-merchant, in Red Lion-street, Holborn. On the Thursday evening, before I was before the Magistrate, about half-past five o'clock, I sent a coal-wagon from the Royal George Wharf to my house, and also to Queen-square Church—I saw the first twenty sacks weighed—there I marked with chalk, and sixteen more were put into the tail of the wagon—those were not marked—Tribe was the driver—the wharf-clerk directed him in my presence, and gave him a ticket for twenty sacks, to deliver a the church, leaving sixteen to be left at my shed, in Red Lion-street—I went there, found the wagon at my door, and Tribe delivering the sixteen sacks, and Beddle assisting him—Tribe was the wharfinger's servant—they left my door to go to the church—on Saturday morning I received information from Craske, and gave Tribe into custody for stealing three sacks of coals—he said he was innocent, and that he delivered them at the church—I gave Beddle and Anthony into custody that night—Anthony keeps a coal-shed in Eagle-street—I charged him with buying three sacks of coal from a wagon about six o'clock, and said that at the price he bought them the men could not have come honestly by them—he said he bought
them for one hundred-weight and a half each sack—I said it was a pity he had not weighed them, having a machine in his shop—I said, "You must have known my man, as he goes up Eagle-street twice a-day"—he said he did not—he was taken to the station—the sacks contained 224 lbs., and were each worth 3s. 4d.—he tole me he gave 4s. 6d. for the three.
Cross-examined by MR. HORRY. Q. Was Beddle your servant? A. Yes—he was not at the wharf that day.
Cross-examined by MR. PARNELL. Q. Do you know the weight of the sixteen sacks? A. No—there are no sacks made one and a half hundred-weight—I have seen one and two hundred-weight sacks—I knew Anthony by sight—I did not know he had a shop in Eagle-street till I went there—he said the men told him they had been sent with the coals to some one who would not take them in, and their master would rather have the money than the coals at that price.
WILLIAM CRASK . I live at Landrow-road, Guildford-street. I received seventeen sacks of coals at the church—Tribe was in the wagon—Beddle took the coals into the church—three full sacks remained in the wagon—I asked Tribe for the ticket—he gave me this one—I said, "How is this? you have three sacks left!"—he said he was going to leave them in Theobald's-road, and drove off.
Cross-examined by MR. HORRY. Q. Did you count the sacks as they were delivered? A. No; but I understood from Beddle that there were twenty in the wagon.
FRANCIS FRYER (policeman, E 15.) I took Tribe—he said he was innocent, that he delivered the twenty sacks—I took Anthony—he said he had bought three sacks for 4s. 6d., but he did not know of whom, and he should not know the man again, the he thought it was on Thursday night.
Cross-examined by MR. PARNELL. Q. Did he say how much there was in each? A. One and a half hundred-weight—he told me that the men said they were three sacks they did not want to take back, and their master would sooner have the money than the coals.
RICHARD ATKINSON re-examined. This ticket (produced) is the one that was given to Tribe at the wharf—(read—Take notice that you are herewith to receive two tons of Stewart's coals in 20 sacks, 224lbs., in each sack.)
(Tribe and Beddle received good characters.)
TRIBE— GUILTY . Aged 41.—Recommended to mercy by the Prosecutor.— Confined Four Months.
ANTHONY— NOT GUILTY .
SAMUEL BULL . I am in the service of John Thomas Burrows, who keeps a clothes shop in the Hampstead-road. On 8th Jan., Smith and Samuel Hurley came to the shop, and asked if I had a coat which she had left a deposit on twelve months ago, I had had a coat left in that way with 2s. 6d. deposit left on it—she was to have it when she paid the rest of the money, (she came three months after, and asked if her son had fetched the coat—I said he had not, and she went away) I looked and could not find it—Samuel tried on several coats—she found one to fit—it was 2l.—she paid 2s. on it, and it was put aside—she was to call for it in two or three hours, but did not—on the following Saturday two officers came, and brought a coat, which I
identified as Mr. Burrows's—I was not aware there was one missing—it was not one of those the prisoners had looked at—I expect it was in the shop at the time—I had seen it about two months before—I cannot say whether it was brought out for any one to look at—it was not the one I put aside.
Cross-examined by MR. HORRY Q. Have you a great many coats? A. Yes—we have not taken stock since, but I have gone over the coats and missed one—I know it by the stock since, but I have gone sold a coast of this kind since the prisoners came, nor since we had the coats in—I certainly cannot say I had not sold it.
NOT GUILTY .
694. MARY SMITH and SAMUEL HURLEY were again indicted for stealing 1 coat, value 30s.; the goods of Edward Laurence; and STEPHEN HURLEY for feloniously receiving the same: Smith having been before convicted.
HENRY SHIPMAN . I am foreman to Edward Laurence, who keeps a clothes shop in Adam's-row, Hampstead-road. On 4th Jan., about seven o'clock in the evening, Smith and Samuel Hurley came to the shop—Hurley tried on some coats, and agreed to purchase one for 2l. 12s. 6d.—he left halfa-crown deposit—his mother was to call for it the following day—neither of them came again—she had asked for a bill of the shop, that she might not make a mistake—a policeman afterwards came, and I missed this black frock coat (produced)—it is not one of those he tried on—it is Edward Laurence's property.
Cross-examined by MR. HORRY. Q. You have a great many coats? A. Yes—I had not received a good many between 4th and 21st—I sold shooting coats, but no black coats—I know this by the holes, and the buttons—we have only one more like it—we only keep two of this sort and size—the policeman did not bring it—it was at a pawnbroker's—it had been in the house seven months, but was an unsaleable size—the duplicate is dated 5th Jan.—I know it was in the stock at the latter end of Dec.—I have not got the coat that was put on one side—it was sold this week—I shall return the half-crown—I do not know how the coat left the shop.
JAMES BRENNAN (policeman.) On 15th Jan. I was with Dobar, and took Stephen Hurley in North-street, New Cut—in going along, I saw what I thought was part of a duplicate in his mouth—I caught him by the neck, and endeavoured to get it—he tried to get another into his mouth, and I took it from his hand—I held him—Dobar searched him, and took four duplicates from his trowser's pocket—one of them relates to the coat sworn to by Shipman—it was pledged at Cattell's, on 5th Jan., for 15s.—I also took Samuel Hurley.
JOHN DOBAR (policeman.) I was with Brennan, and took four duplicates from Stephen Hurley's trowsers' pocket. I took Smith in High-street, Clerkenwell—she was charged with stealing two handkerchiefs and other things.
Cross-examined. Q. I suppose you have hundreds of persons every day? A. Yes—I saw Stephen eighteen or nineteen days afterwards—when I was applied to, I recollected taking the coat of a man of that description, I then went to the station, and pointed out Stephen—to the best of my belief, he is the man.
The prisoners have lived there since the spring—the elder prisoners passed as man and wife, and Samuel as Smith's son, by a former husband.
SMITH **— GUILTY . Aged 43.
SAMUEL HURLEY— GUILTY . Aged 21.
Transported for Seven Years.
STEPHEN HURLEY**— GUILTY . Aged 50.— Confined Twelve Months.
(There were two other indictments against the prisoners.)
OLD COURT.—Monday, Feb. 7th, 1848.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
City-road, 4th Dec., 1847. Sir,—Understanding you are the confederate with Mr. Mostyn, in the Beatinck stud, I take up my pen to disclose the whole affair relative to the horses belonging to the Goodwood-stables being got at this last racing season, more particular in reference to Planet, Redhcart, and Glentilt; and if we can come to terms, as I can prove the facts, the of Planet and the other horses, was got at, and a certain drug given to them so as to ensure their losing any race they starts for, and likewise injuring the constitution of the horses. I hear that it has been hinted, in some paper, this last week, that the trainer, Kent, knows all about it, and the stable likewise; but this I can prove to be false, and likewise that the same parties will again, if possible, get at the Goodwood Derby horses again next year, as one of the parties engaged in that affair is busily engaged in laying long odds against a horse called Surplice, in the stable. If, Sir, you choose to come to my terms, the parties all concerned in the affair shall be given up to you, and likewise some of the stuff that was given to the horses, with every proof of the same, and no surmise, but all facts. My terms are as follow: that you shall send me, per return of post, on the receipt of this letter, a 10l. note; I will then meet you on Thursday; it cannot be before, as one witness will have to come from the country, and I must send him some money down to pay his expenses up to London, at any place and time you choose to appoint; and I will bring all the witnesses and proofs against the parties engaged in it; and after I have done so, and have proved to your satisfaction that what I state is true, and the parties are in your possession, that you shall further remunerate me with a sum of not less than 20l. If you agree to this, I shall thank you to let me hear per return of post, so that there be no delay in the affair, and that the parties engaged in it may be thoroughly exposed. Awaiting your answer, I remain, Sir, your obedient servant, HENRY HALFORD.')—In consequence of receiving that, I wrote a letter addressed to Henry Halford, 3, Peerless-place, City-road—I have no doubt that letter was posted—(the prisoner admitted that notice had been given him to produce this letter, but denied having it)—it was to the effect that I should be happy to hear anything he had to say if he called on me, but I should decline sending the 10l. till I heard something more—some days after the prisoner came to my house, and represented that he had been sent by his father, who was unable to come himself—he asked me whether I had not received a note from his father, Henry Halford, promising to give me some information with reference to a conspiracy, which he alleged had existed, and did exist, for the purpose of drugging or poisoning race-horses; and if his father had not undertaken to produce certain witness, if 10l. was given him for the purpose of paying their necessary expenses up to London—I told him that I had heard from his father to that effect; and upon his further statement I gave him 10l.—he gave his own name as Alfred Halford—he said he was to take he 10l. to his father; that he had sent him for it; that he was going to Manchester, for one place, and was to fetch up three witnesses, named Wood, Thacker, and Phelps—I do not know such persons—before I gave him the 10l. he produced to me this letter, signed "Williams"—he said he had it from his father—he said his father had been implicated in these conspiracies for some yeard, and he had received large sums of money at different times—this is a letter purporting to come to his father, from Williams, the head of the gang—(this letter was dated 13th Dec., 1847, from the Prince of Wales, Clarence-street, Brighton, in which several parties were named as connected with the supposed transaction, out of which the writer hoped 2,000l. would be realized)—he said that his father did not intend to disclose the names of all the partied engaged, but only those certain partied who had behaved shabbily towards him upon some occasion; that he himself had not, up to that time, taken any part personally in the conspiracy, though he was aware of what had been going on; that he had no desire to take any part in it, but that his father and brother had not behaved well towards him; and as he knew they meant to deceive me, he would, if I would reward and protect him, work on his own account, and get me information which they intended to deny me—upon the strength of this statement, I gave him the 10l. to give to his father—I took this receipt from him—I wrote it, and he signed it in my presence—(read—"Received 10l. for my father, Mr. H. Halford, to fetch witnesses up to London to prove that the Goodwood horses were drugged. For H. Halford, A. Halford.")—After that I had several interviews with the prisoner—he produced to me, upon those occasions, a mass of letters, some written in blue, and some in black ink—they were generally similar to the letters signed "Williams"—I have them here.
Prisoner. Q. When I came to you, did not offer me money to work for you before I mentioned a word? A. No; I did not say if you would work for me I would pay you handsomely, nor offer you 1,000l. reward—I said if there was such a conspiracy as was represented by you, and if so many persons were concerned in it as you named, and they could be legally convicted, I had no doubt you would receive a very large reward—I said I had no doubt that a reward of 1,000 guineas would be given on conviction, but I could not tell what might be done—you said several times that you did not want anything till you proved the case true.
Q. Did you ask me, after some time, to join them; and did not I say I would rather beg my bread in the street than become a gambler with them, and you said you would protect me if I would join them? A. You volunteered
to join them if I thought it would be of any advantage to me, and I said I would give you such protection as I could if you brought me information relative to the parties—when you brought me a letter with four crosses, and some drugs, which you said you had obtained from Williams, I cannot say that I trembled, I might have shown some agitation—I may have said I thought I had seen writing like it—I do not recollect saying that I knew the writer—this is the letter (looking at one)—letters, marked "D, "E," and "F," are my writing—I have no knowledge of such persons as Wood, Thacker, and Phelps, except as represented in letters purporting to come from them—you said a person named Ashcroft had been pointed out as one of the persons who had been engaged in drugging horses—I believe I said that a person had pointed Ashcroft out to me at Ascot races.
MR. CLARKSON. Q. I believe you are a cousin of Lord Mostyn? A. A nephew—at the time in question I was joining with Mr. Mostyn, his lordship's son, in keeping race-horses—if I had known that, instead of being the son of a supposed Mr. Henry Halford, the prisoner's name was Thomas Harris, that he had been writing these letters himself, and that he was the person residing in Peerless-place, and no such person as Halford or Williams had ever been there, I do not think I should have parted with my 10l.—I had a little hesitation as it was—it was because I believed there were such transactions as his father could disclose, that I was induced to part with it—whether there are such persons as he represented engaged in drugging horses, or anything of the sort, I gave not the slightest reason to suppose or know, except from the information I gor from the letters he handed to me—he told me he and his father resided at 14, Castle-street, Finsbury.
LORD HENRY LENNOX . I am one of the younger sons of the Duke of Richmond, and am a friend of Mr. Lloyd's. He sent me this letter (marked A)—I produced it at the Police-office, where Mr. Lloyd recognised it—the prisoner told me that his father, his brother, and Williams were well known at Kirton's coffee-shop, 3, Peerless-place; that Williams was always there at least once a day.
Prisoner. Q. I believe you have been yourself accused of standing is with the rogues? A. No, indeed; I did not say that it had been mentioned at Tattersall's that I had screened the parties.
EMILY BAKER . I am waitress at Kirton's coffee-shop, 3, Peerless-place, City-road. The prisoner has been in the habit of frequenting that shop—I have never seen his father or brother there, or a Mr. Williams—the prisoner was principally writing when he was there—he head a small bottle of blue ink—he wrote a great many letters, some in blue and some in black ink, and sealed them, some with black wax and some with red—he left some blue ink there, which I gave to Sergeant Beckerson—he was there alone—he came for about six or seven weeks in this way, in Dec. and Jan. last.
WILLIAM KIRTON . I keep coffee-shop. I was ill in Dec.—when I was sufficiently well to attend to business, I found that the prisoner was frequenting my shop—I never saw his father, or brother, or Williams—the letters for the prisoner were directed to my house, in the name of Halford—he gave that name—he was usually writing—he once asked me to post a letter for him—I saw him direct it, in blue ink, and he put two postage-stamps on it—this is the letter (looking at one, addressed to Mr. Lloyd, and signed Henry Halford, dated 5th Jan., 1848.)
Prisoner. Q. Did you pist that letter yourself? A. Yes.
have known the prisoner sixteen or seventeen years—I knew his parents—his name is Thomas Harris—his father's name was Robert Harris, he has been dead between four and five years—he has no brother.
JOSEPH SHACKELL . I am one of the superintendents of the detective police. In consequence of a representation that the prisoner expected to be poisoned, I accompanied Lord Henry Lennox, Mr. Lloyd, and the prisoner to Marlborough-street Police-court—the prisoner made a deposition, in consequence of which, on Tuesday, 11th Jan., I obtained a warrant, which I have here—I set out with the prisoner to find the parties named in it—we walked about from twelve or one at noon till midnight—we went to a great number of places—I at last gave up the pursuit, being satisfied he was telling me an untruth, but I sent another party on—I was regularly knocked up—I told the prisoner to be with me to breakfast at nine o'clock next morning—he did not come—before I saw him again I learnt his name, and who and what he was—I had been to Castle-street, Finsbury, to Mr. Henley's—next evening I went to Mr. Lloyd's, and the prisoner was sent for—I asked him the reason he had not met me—he said he had been to see Mr. Lloyd, at eight o'clock, and was coming to see me at nine, but he had met his father in the Quadrant; that from there he went to Oxford-street, and afterwards took a cab, and went with his father to various places about town, which was the reason he did not meet me; his father was to see me and put me on the persons mentioned in the warrant—I then said that everything he had been telling me was an untruth, and he must consider himself in my custody—I charged him with obtaining 10l. from Mr. Lloyd under false pretences, and told him that his name was not Henry Halford, that I had found out his name—he afterwards admitted that his name was Thomas Harris—I told him where his father lived, and who he was, that I had found out all about him; that his father used to keep a public-house; that he said his father lived at 13, Castle-street, which was untrue; that I understood he had been dead four or five years—he admitted it—he had said he had a brother and a father, who had got one of the parties named in the warrant safe, for me to apprehend him—I told him that was untrue, that he had no father, only two sisters and a mother—he admitted t, and then begged for mercy of Mr. Lloyda I have seen the prisoner write—he wrote me a letter, to meet him at the prison—I met him, and be afterwards admitted having written it, and the wrote a letter in my presence—these are them (produced)—I told him I believed all the letters to be in his writing—he did not acknowledge it, but I saw four of his letters—I also saw him sign his name—I believe all the letters which have been produced are his writing.
Prisoner. Q. I believe you went after a person named Williams? A. Yes, that is one of the names on the warrant—I found out a man about twelve at night, and told you I knew a party mentioned in the warrant, but his name was not Williams—I pointed him out to you—at first you hesitated, and then said, "No; that is not the person"—a man named Cork did not tell me he knew Williams—he said he knew a person who answered the description, but that was not his name, and we went out together to find him—I saw you write twice, once at the Police-court, and a letter to your sister—I compared the letter with your signature at the Police-court, and when you wrote your name to your deposition, Lord Henry Lennox pointed it out to me, and said, "Look at this; it is the same handwriting"—I do not judge of your writing only by comparison, but from seeing you write as well—there was not person answering the description of Williams at a billiard-room—it was one of my sergeants, who I had sent to make inquiries.
for thirteen months. During that time neither the prisoner, hi father, or any one named Alfred, or Henry Halford, has been living there; no one but my own family.
JURY to MR. LLOYD. Q. Is it a practice on the turf to purchase information of trainers and others? A. Not that I know of—I have never yet paid persons for information, and I do not think I ever shall—I had reason to believe my horses were drugged in the course of the year.
Prisoner's Defence. I am the son of a widowed mother, and was never before charged with a dishonest act; I do not deny having the 10l. from Mr. Lloyd, but it was to procure information; if the letters had been read, they would have shown much valuable information was obtained from me; I have always lived at 1, Belitha-terrace, Barnsbury-park, with my mother; having to frequent public-houses, I became acquainted with Halford; he asked me to join him; I refused; he said if I would act as his son he would find me a situstion; I said I did not like acting another person, but if it would be a good thing, as he said, I would do it, and I did; Mr. Lloyd offered me a reward; I told him I wanted nothing till the case was proved; I understood they were going to deceive him, and I believe, if I was at liberty, I could have put every one of the parties into custody, and proved myself innocent; I throw myself on the mercy of the Court.
(William Benbow Nelson, schoolmaster, 19, Haberdasher-street, Hoxton, gave the prisoner a good character.)
GUILTY . Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner for perjury.)
MR. HUDDLESTON conducted the Prosecution.
SOPHIA SOMMERS . I am an unfortunate woman, and live in wellingtosterrace, Waterloo-road. On the morning of 1st Feb. I met the prisoner near the Lyceum Theatre—I had never seen him before—he invited me to accompany him to a house—we went to the Brunswick Hotel, Bow-street, Coventgarden—we went into a bed-room—two pints of wine were brought in at different times—while we were drinking the first pint, and while the servant was gone for the second, the prisoner put a ring on my finger—I afterwards saw the top of something in his left breast—I asked what it was—he took it out—it was a pistol—I asked why he carried it—he said, for protection; that he had heard of a gentleman some time ago who went with a lady who robbed him—we went to bed—I got out again at the bottom of the bed—as I was getting out, he said if I got out of bed he would do for me—I thought he was only joking, and got out—he got out, and took the pistol from the sofa—I said, "Oh, you do not mean it!"—he said, "Don't I?" and presented the pistol at my face—I instantly stooped down, and he fired the pistol—he got hold of me by my left arm to pull me back, and said he could fire once more, and then he would make a do for me—I escaped out of the room—he was afterwards taken, and I saw the place where the ball ad gone through the wall—it was about the height of my shoulder from the ground.
Cross-examined by MR. CLARKSON. Q. You had had no quarrel with him? A. Not a word—we had been in bed about ten minutes—I got out for the purpose of going to the * *—I was going to bed again—I do not understand whether it was a double-barrelled pistol, but he said it was loaded twice—I cannot say whether he had been drinking before he came to me—he was able to walk home with me—he drank all the wine, but two glasses which I had.
Cross-examined. Q. Did not the prisoner appear in a exceedingly excited state? A.—this is the pistol—(produced)—It is single-barrelled—the bullet went through four feet four inches and a half from the ground—it was only a partition—a bullet will descend sometimes.
Cross-examined. Q. Was the prisoner drunk? A. Yes.
(The prisoner received a good character.)
GUILTY of a Common Assault. Aged 21— Confined Nine Months.
GUILTY of Assault. Aged 37,— Confined Three Years.
NOT GUILTY .
GUILTY . Aged 42.— Transported for Fifteen Years.
MR. COOPER conducted the Prosecution.
JOSEPH GEORGE . I am a general dealer, and live in Claremont-mews, Clerkenwell, above my stable. On 23rd Dec. I went into mews my horse and cart, and saw two cabs standing before my door—the prisoner was in the yard—I asked him to move the cabs—he said, "Do it yourself' (using bad language)—I got out of my cart to move one of them—whilst doing so the prisoner struck me with his right hand on the back of my neck, and with his left hand over my right eye—I had said nothing to provoke him—he pushed me away with this trussel (produced). shaved me down, and while I was down he threw it at my head—it cut me, I bled very much—I asked him if a man had not a right to his own ground—he made no reply—I went to the stable, and then got an officer—he was close to me when he threw it—he was quite sober—I have been attended by a surgeon up to very recently, and I feel a great deal of pain now sometimes—I was ill for a fortnight—I sent to the Police-station the day he was taken, as I was not able to go.
Cross-examined by MR. PAYNE. Q. Where had you been? A. Out with my horse and cart—nobody was with me—I did not go out with Carr, he came home with me—I did not come home the worse for liquor—I never called the prisoner a b—y dog, and ab—y wretch—I did not begin pulled the cabs about, nor did he remonstrate with me for doing so—I did not challenge him to fight for 20l., if he would reduce himself to nine stone—I called at Phillip's, the harness-markers, and asked if the harness was done—I looked at it—I did not say, "Lord thunder me blind, I am not going to take this b—y mangy thing"—I did fall on the stones till I was knocked down—It was not from intoxication, only from being pushed—after this happened I went in, and brought out a dung-fork to move the dung—my head was then bleeding—I did not threaten to run the prisoner through with a fork—I was a very few minutes moving the dung—I then went to Mr. Thompson, the doctor's—that was between one and two o'clock—this
happened at half-past twelve—I know Mr. Carr—I was a witness for her against the prisoner's father at Clerkenwell—the case was dismissed, and the prisoner abused me afterwards, and I was obliged to go to the Police-court—I swore what the father said—I have not boasted that I will make the defendant sweat—I have not promised to get Eastman a ship and send him to sea—the prisoner has surrendered to-day—I had him taken a week afterwards.
FANNY CARR . I am the wife of William Carr, a cab proprietor, of Claremont-mews, Clerkenwell. On 23rd Dec. I was standing at the loftdoor of No. 18, about half-past twelve—I saw George coming down the mews with his horse and cart—he asked the prisoner to move his father's cabs—the prisoner made use of bad language, and told him to move them himself, and struck him, knocked him down with this trussel, and while down chucked it on his head—he was standing as close to him as he possibly could—after George had gone to the doctor's, I saw the prisoner and Mr. George—she said to the prisoner, "You will nab it; he has gone to the hospital"—he said, "I wish I had killed the b—r, I want a rest;" and said he could do three months off his head at any time—George and the prisoner were perfectly sober.
Cross-exaimed. Q. Of course you told the Magistrate all this? A. When I began to speak, the lawyer would not allow me to say what the defendant said—the Magistrate had gone into the other room—my deposition was read over to me—this is my mark—(the deposition being read, did not contain the statement, "I wish I had killed the b—r," &c.)—I am sure I am the wife of William Carr—he had not another wife—we were married in Van Dieman's Land on 20th March, 1843—I do not know what he was there for—I did not ask him if he was a convict; I did not know it—he is not here, he did not see the blow struck.
JOHN RICHARD WAGSTAFF . I am in the employ of Mr. Dew, a hosier. of 10, Claremont-terrace. On 23rd Dec. I was outside the stable-door in the mews, and saw George come in with his horse and cart—he pulled up—two cabs were before his door—he asked the prisoner to move them—he told him to move them himself and b—d—he moved the cabs—the prisoner came and struck him right and left in his face, and knocked him down, and as he was getting up he pushed him down with this piece of wood, and chucked it at his head—he had not done anything to provoke him—they were both sober.
Cross-examined. Q. Then George did not say anything at all to the prisoner? A. No—I did not hear him call him a b—y dog, and a b—y wretch—I must have heard him if he had—I was outside the stable-door—I did not hear George say he would fight him for 20l. if he would reduce himself to nine stone—I saw George bring the dung-fork out and remove some dung—his head was bleeding—he was moving the dung about twenty minutes.
ALFRED EASTMAN . I live at 3, Claremont-mews. On 23rd Dec. I was coming out of Mr. Dew's stable and saw George standing there—the prisoner pushed him down with this piece of wood, and then chucked it on his head while he was down—I was about twenty yards off.
Cross-examined. Q. How came you to be in the mews? A. I live there—I did not see the beginning of it—my real name is Alfred Eastment—I never went by the name of French.
saw George on 24th Dec.—he had a severe lacerated wound of the scalp, penetrating nearly to the scull, such as would be likely to be made by this trussel—I considered it dangerous in consequence of such wounds frequently terminating in erysipelas—I attended him ten days—he was in bed part of that time—I think such a blow, though it might stun him at the time, would enable him ro get about again afterwards—he suffered from headache.
Cross-examined. Q. There was no erysipelas? A. No—there was danger if he had not taken great care of himself?—erysipelas is possible in all cases of wounds, particularly in wounds of the scalp—if it had come on he would have been in a dangerous state—such a wound might be caused by falling against a curb-stone.
MR. PAYNE called
JAMES HURLEY . I am a porter. I was in Calremont-mews on 23rd Dec., and saw George there, who was intoxicated, and asked the prisoner to move the b—cabs, which were about fifteen yards from his door—he fell on the shaft through intoxication, and as he got up he fell again—the prisoner them put the cabs back into their place—George then put the trussel on Ram's toes—Ram shoved him on one side, and chucked the trussel across the yard, in a contrary direction to that in which George was standing—George ran to the stable and brought out a fork, and worked for upwards of an hour—George offered to fight the prisoner if he would reduce himself to his weight—Ram pushed George down in his own defence.
Cross-examined by MR. COOPER. Q. Where do you live? A. 75, John-street-road—it was as much as George could do to stand—any one could see he had been drinking—he dragged the piece of wood along seventeen yards, to put it on Ram's toes—he both lifted and dragged it—Ram pushed him down—he fell on the stones.
----ARNOLD. I am the wife of George Arnold, a horse-keeper, in the mews. George came home at half-past twelve, in a very intoxicated state—I saw him fall twice in moving Ram's cab—he moved the trussel up by the corner of a coach-house, and then ran up to the prisoner, who gave him a push, and he fell on his head and cut it against a stone—Ram put the trussel on one side—he did not throw it at George's head—he was not hit with it.
Cross-examined. Q. He put it quietly on one side? A. Yes—I was about twelve yards off—I did not go before the Magistrate—I was not asked—I am friendly with the prisoner—George was so drunk he could hardly stand—I do not think he could walk a couple of yards straight—it was impossible for him to do any work—I saw his head bleeding—there was water where he fell, and when he got up, the water and blood ran down his face—the push was with the hand just against the neck—the trussel had then been put on one side by Ram.
GEORGE ARNOLD . I am the husband of the last witness. George was drunk and lying on the ground—I saw him get up and fall again—he went and caught hold of the cab, and in trying to pull it away he fell again over the shafts, and the trussel fell against his own coach-house door—I do not know who put it there—it was standing against the door—I saw George move it, and put it against a pair of wheels belonging to Ram, who was five or six yards away—I did not see it put on Ram's toes—Ram caught hold of it and threw it one side—he did not throw it at George's head—I saw his head bleeding—he was lying with his face on the stones, and I think it was the stones that gave the wound—the trussel never touched him.
Cross-examined. Q. What are you? A. A horse-keeper in the mews—I am not very friendly with Ram, only as a neighbour—I did not go before the Magistrate and tell all this, because I was not called—it was not my business—the prisoner summoned me four days ago to come here to-day—George seemed very drunk, and rolling about the yard—his language was not fit for any one to hear—I saw him walk out of the mews two hours after-wards—I did not see Ram do anything, he was merely washing his cabs—I did not see him tough George at all—I am quite sure the thing was never thrown at his head.
DANIEL LANGSTON . On 23rd Dec., about half-past twelve o'clock, George was in the mews the worse for drink—there was a trussel there—I saw him fall, and saw his head bleeding—the trussel was not thrown at him, nor did it make his head bleed—it was thrown in a different direction from where he was.
Cross-examined. Q. It was never thrown near him at all? A. It was not—George ade use of very beastly language—Ram was washing his cabs, and continued doing so—the trussel was near him, and George kept putting it down at his toes—all that Ram did was to put it quietly on one side—he just touched him with his hand at the side of his face—he just pushed him, but never with the trussel—the prisoner is a very peaceable quiet man.
Cross-examined. Q. Where were you? A. Standing by the loft door, very near them—I saw no trussel when George first came into the yard—when he fell he had hold of the cab-shafts—he fell sideways—he fell twice in that way—nobody pushed him down; he fell by his own exertions—after that Ram told him not to get among the cabs, and he got hod of the shafts—he fell, and his head was bleeding—Ram did not hit or push him, nor touch him—I have known Ram for the last twelve years—I never worked with him, and seldom drink with him—I have been very little in his company—I went before the Magistrate, but was not called—I told Rams' solicitor what I was there for—George moved the trussel about fifteen yards, I should say—Ram stood and looked on.
HENRY WINTER . I work in the mews. George was drunk and abusive when he came home—I did not see him fall—I saw him when he was on the ground—the prisoner did not throw the trussel at his head—I saw his head bleeding—it was from his falling on the stones.
JAMES RAM . I am the prisoner's father. I was at home when this matter happened—George was drunk—I saw his head bleeding; that was occasioned by his pitching on his head—my son did not throw the trussel at him and hit him on the head.
Cross-examined. Q. Were you before the Magistrate? A. Yes—I never threatened George's life—I had no words with him.
COURT. Q. Did you attend before the Magistrate to state this was a false charge? A. Yes, I stated that—I told the Magistrate I was able end ready to disprove it; that my son did not assault the man in the way described; but the magistrate sent it here, as they had a solicitor a-piece—he asked me no questions—I was not bound over.
MR. PAYNE. Q. Your son has been out on your bail? A. Yes, and has come here regularly every day.
ANDREW RAM . I am the prisoner's brother. I was at home when this happened—George was drunk—he fell, and I saw his head cut—my brother did not throw the trussel at his head—I state positively that the wound was not occasioned by the trussel being thrown at him—he fell himself, from the effects of drink.
MR. PHILLIPS. I am a harness-marker. On 23rd Dec., about twelve o'clock, George called at my house—he was very drunk, and made use of abusive language.
GUILTY of an aggravated Assault. Aged 29.— Confined Nine Months.
701. HENRY WALKER , stealing 1 watch; 1 brooch; 2 pairs of earrings; and 1 handkerchief, value 20l.; the goods of Ralph Hunt, in his dwelling-house; and SARAH HINE and SUSAN JONES feloniously receiving the same, &c.
MR. PARNELL conducted the Prosecution.
ELLEN HUNT . I am the wife of Ralph Hunt, and live at 5, Helmet-row, St. Luke's. At five o'clock on Monday evening, 10th Jan. I saw the articles named in the indictment, safe, and in a tea-chest, on the drawers in the bed-room—the chest was locked, and the keys in the drawers—I missed them about five—I have seen the handkerchief since.
Cross-examined by MR. COOPER. Q. Do you occupy this house? A. Yes—there are four bed-rooms, and the lower part is a shop—I had not looked into the chest for six weeks before I lost the things—I have one servant, and a charwoman occasionally.
Cross-examined by MR. PAYNE. Q. You have a very bad son, have you not? A. Yes.
JAMES HUNT . I am the prosecutrix's son. I have known Walker about two years—I saw Walker on Thursday evening, 6th Jan., about seven o'clock—he asked me to try to get some money—I said I would try, and the next day, when my mother came down stairs, about eight, I went into her bed-room, took the key out of the drawer, unlocked the chest, and took out a gold watch, two pairs of earrings, a brooch, two finger-rings, and a gold pin—these are the earrings (produced)—Walker was at this time at the corner of Helmet-row, in sight of the house—I saw him there when I came down after breakfast—I beckoned to him—he came to the door, and I gave him the watch and jewellery—I told him I should be out in half and hour, and to wait for me at the corner of Helmet-row—my mother gave me this handkerchief to blow my nose with—I went out in half an hour, found Walker there, and went with him and another boy to Holmes's, in London-passage, Whitecross-street, and then to Hine's house, in the Vinegar-ground—Walker gave Hine the watch—she went out, and returned in three quarters of an hour with three others—Jones is one of them, and Hawkins another; the other was a man named Mitchell, and Hine asked me if it was right—I said yes, and they all went out but me, Walker, and Holmes—they came back in about a quarter of an hour, and Hine said they had sold the watch for 2l. 15s.—3l. was produced—Hine went out for change—I had a sovereign, and Walker another—they kept the rest—Hine and Mitchell said they should keep that for their regulars—Jones was there and heard that—as soon as they came back I asked Hine if they could sell the jewellery—they were all there then—she said, "Let me look at it"—I gave it her, and she said she should keep it for her regulars as well—Walker showed the handkerchief to Jones—she snatched it out of his hand, and said she should keep it, as all
the others had got something—nothing was said about whose handkerchief it was.
Cross-examined by MR. COOPER. Q. What shop does your mother keep? A. A watch-tool dealer's—I did not say how I came by this property—it was the man that asked whether all was right—Hine was present—he asked that of me—I said, "Yes"—I did not know him or Hine before.
HENRY ROBERTS . I am pawnbroker, at 13, Old-street-road. I produce a pair of gold earrings, pledged by Hine—they were pledged first by some one else, and redeemed by Hine, and she pawned them again on 7th Feb.
JAMES BRANNAN (police-sergeant, G 20.) On 11th Jan., about eight o'clock I went with Hunt and his father to Hine's lodging, in Cross-street, Vinegar-ground—she was pointed out by the boy, and I told her she must come along with me, for receiving a gold watch, and other articles of jewellery, from the boy—she said he was wrong—I told her I was going to search the place, and asked if she had any pawnbroker's duplicates—she said, "Only a few relating to a few things of my own"—she went to a picture that was hanging over the mantel-piece, and took from it a brown-paper parcel, which I took from her hand—it contained nine duplicates, one relating to this pair of earrings—I said to a constable with me, "This duplicate relates to a pair of earrings"—she said, "It was not pledged by me, it was pledged by ✗Till Hawkins"—I afterwards went to Jones's lodging, and told her she was charged with receiving a handkerchief from the boy, and that she was also present when a gold watch and a quantity of jewellery was disposed of among them—she said, "There is a lying young b—"—I searched, and in a pocket of a dress behind the door I found this handkerchief (produced)—I took both of them to the station—Walker was brought to the station on Friday, the 14th—I told him he was charged with stealing a gold watch and a quantity of jewellery—he said, "I never had them in my pocket at all, but the other boy did."
Walker's Defence. I did not have the things; I did not go to Hine's house; it is all a story; I did not have the silk handkerchief, it was given by Hunt to Jones, I was not there that day; it was another boy.
WALKER*— GUILTY . Aged 14.
HINE*— GUILTY . Aged 22.
Transported for Seven Years.
JONES— NOT GUILTY .
NEW COURT.—Monday, February 7th, 1848.
Before Edward Bullock, Esq. and rhe Fifth Jury.
MR. PARNELL conducted the Prosecution.
JOSEPH BURGESS . I am a pawnbroker, in Long Acre. The prisoner was in my service nearly two months—it was his duty to receive pledges, and return them on redemption—when an article is pledged, a ticket is pinned on it, and it is sent to the warehouse, and a duplicate of the ticket is given to the person pawning—when the article is redeemed, the ticket is taken off it, and pinned to the duplicate—the interest is marked on the back of the
ticket, and the duplicate and the ticket are put into a drawer that we call "the delivery," and from that drawer we take them at night, and enter them in a book—on the 30th Dec. some persons in my trade were in my parlour—the prisoner's former master was one—I called the prisoner into the room, and I said, "I have a strong suspicion, George, that you have been robbing me"—he said, "I am certain that is not so," or words to that effect—I said, "Well, You are aware that for some time after you came, my accounts were constantly deficient, and it was not till I insisted that some means should be taken to make them more accurate, that they were at all correct"—he said, "Yes, it was so"—I said, "Have you any objection to turn the contents out of your pockets on to the table in the presence of these gentlemen"—he said, "No;" and immediately turned out bits of paper, and things of no consequence—I said to him twice, "Are you sure you have nothing else?"—he said, "I am sure I have nothing else"—I said, "To save the unpleasantness of calling in a policeman, have you any objection to my searching you myself?"—he said, "No"—I put my hand in his right waistcoat pocket, and found the duplicate and ticket of a pair of boots (that was a pocket that he had felt in two or three times, when I said, "Have you taken out all?")—I said, "Pray, what is this?"—he appeared confused, and replied, "That is a pair of boots that I bought the duplicate of, of a man—he had no right to purchase the duplicate—I am under a penalty not to do it; but supposing he had done so, it was his duty to indorse the interest on the ticket, and put it in the delivery, and it would have been discharged in the book—I have the book here, and it is not marked off—I said, "Where are the boots?"—he said, "Up stairs, in my room"—I said, "If that is the case, how is it this duplicate is in your pocket, and no interest marked on the back of it?"—he said he had taken the boots into wear, and had not paid for them, but he intended to do so when he got the money—I said, "Are you sure you have nothing else belonging to me?'—he said, "No, I have not"—I said, "Where are your boxes?"—he said they were up in his room—I called one of boys, and desired him to go and fetch them down—they were brought down, one was locked and the other unlocked—in tha, there was nothing but a coat and waistcoat—I asked for the key of the other—the prisoner produced it—I opened it, and found in it a duplicate and ticket for two bottles, pawned for a shilling, on 11th Dec.—I have found in the book the entry of their being pawned, but it is not discharged—there is no interest marked on the back of the ticket—these tickets were not pinned together, they were lying separate, but I saw that they corresponded—I said, "What is this?"—he appeared not to know anything about it, but he afterwards said, "That is a ticket I bought also; I gave the man 6d. for it"—he said he was sorry, he knew he had done that which was extremely wrong, and hoped I would do nothing with him—after his first examination before the Magistrate, I went to his aunt's, in Charlton-place, Vauxhall-road—I obtained the two bottles from his uncle—his aunt attended before the Magistrate, but she was not examined—the prisoner acknowledged that he gave his aunt he bottles.
Cross-examined by MR. MELLER. Q. The prisoner had lived with Mr. Neate formerly? A. Yes, for five years, and bore an excellent character—the dates of these pledges are 1st Dec. and 11th Dec.—I had not decided what wages I should give the prisoner; I had asked him, he said he had had 16l. with Mr. Neate, and his board and lodging—I intended to have given him 20l.—he had not received any wages—when he first came into the parlour, I said to him, "You took a razor out of my window, and used it for
two or three, but you have replaced that; I shall say nothing about that"—I accused him of extravagance—I told him he was in the habit of sending newspapers to people, and it was avery extravagant act—I placed great confidence in him—he had authority to lend money on pledges without any limit—he had access to the till, to pay money, constantly—we balance the accounts every night—he was to have received money on the 1st of feb.—the book contains all business done in the day.
MR. PARNELL. Q. You are able to ascertain the balance at night from the tickets and books? A. Yes; but if the ticket are not put in, it would not balance.
NOT GUILTY .
MR. PARNELL conducted the prosecution
JOSEPH BURGESS . On 30th Dec., on having the prisoner's boxes brought down, I found a duplicate of two handkerchiefs, pawned on 11th Dec., for 3s.—I find an entry in my book similar to this duplicate—I looked in to my stock for the pledge, and found this parcel, with this ticket on it—these are what are called two handkerchiefs—the outside one is merely a wrapper—the other is an old handkerchief—the wrapped conceals what the order is.
Cross-examined by MR. MELLER. Q. If this discovery had not take place, and the prisoner had paid in the money, marked the interest, and carried the money to account, the transaction would have been all fair to appearance? A. Yes, perfectly so.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Two Months.
(There was another indictment against the prisoner.)
704. WILLIAM QUELCH , stealing 1 watch, value 2l. 10s.; 1 ring, 5s.; and 1 brooch, 10s.; the goods of Robert Debenham and another: and AMMA CARTER, MONTAGUE KELLY, GEORGE BELL , and JAMES FLANNAGAN , for feloniously received the same.
MR. PARNELL conducted the prosecution
WILLIAM FORRESTER . I am carman to Robert Debenham and another. On 23rd Nov. Quelch had been in their service about a week or ten days—on that day I went to Mr. Attenborough', in Fleet-street, for good—I had a box of plate—I put into it a watch, a brooch, and a ring, wrapped up in brown paper—I did not see them, but I saw the brown-paper parcel—I took the box to the van—Quelch had charge of the van while I was in at Messrs. Attenborough's—I went straight from there to Debenham's (no one was with me from the time that I left Messrs. Attenborough's) when I got there, Quelch remained in charge of the van, and I carried the box and the other things from the van up stairs of the warehouse—I left Quelch by himself with the van for two or three minutes, from time to time—the box was not locked—I cannot say whether it was taken in first, or some other things, or whether I left Quelch and the with the box while I went in with something else.
Cross-examined by MR. PRENDERGAST. Q. What other things had you? A. Various things—they were not all in brown paper—I saw all the other
things—I received watches and jewellery at Messrs. Attenborough's—I went about to gather things from different persons, and the van was left in the street with Quelch-there was no lid on the box—it was quite full—I did not have any policeman about the van—I take goods in this way to Debenham and Storr's at all times in the day—it was about four o'clock in the afternoon when I arrived—it was getting dust—I did not go to any pawnbroker's after Mr. Attenborough's—I think I had been to about two before—I had only one box in the van—I put a wrapper between each man's goods—I was at Mr. Attenborough's about half an hour, sometimes putting in one parcel and then another—I went from there up Wych-street and Drury-lane, to Deben-ham's—I cannot say whether I took the box out of the van—Mr. Wicks and I were outside, unloading it, and Mr. Akers was up stairs, packing the things sway—I do not think there was anybody else—I cannot tell who took the box up stairs—the other things were clothes—I do not know whether I took out the box—I had taken took it out of the house into the van—it was under the clothes in the van.
Cross-examined by MR. PARRY. Q. What age are you? A. Twenty-two in April—my wages are 15s. a week, besides perquisites—I had two persons goods in the van besides Mr. Attenborough's—I had been out all that morning from seven o'clock—I had to take things home, and to go to different houses over the water—I had fetched jewellery from the other two houses, and clothes and other things—there was not much valuable property in the van till I got to Attenborough's—I have been four or five years in Debenham and Storr's service.
MR. PANNELL. Q. When you were at Attenborough's was Quelch in the van? A. Yes—it is a covered van—if I did not take the box out at Debenham's, Mr. Wicks did—I got some of the clothes at Attenborough's—I first brought the box out, and gave it into the van to Quelch, to put away—I then went into the shop, and brought out the clothes, and he packed them away—I did not look after the box myself—I cannot tell whether it was on the clothes or under them—when we were unpacking the things at Debenham's, Quelch was in the van.
HORATIO STEWARD . I am assistant to Messrs. Attenborough's, in flest-street. Forrester came for goods on the 23rd of Nov., and I delivered to him wearing-apparel and jewellery—I delivered him a gold watch, a brooch, and a ring—some of the things were done up in paper, but these were all open and loose—he placed them in a box—this is the watch—it is one in every respect like it—I did not see Quelch at all—there were some clothes delivered—I think the jewellery was delivered after tje clothes.
Cross-examined by MR. PRENDERGAST. Q. Have you the duplicate of your watch? A. We have it at home—that gives no description of the watch—I do not speak to any marks on this watch, but it is a Geneva watch, with an enamel dial—the one lost resembled this as regards the dome, and the back being engraved—there are a great many of these watches—I never noticed the maker's name—it seems to be "Bonne."
MR. PARNELL. Q. What is your belief as to whether this is the watch? A. I believe it to be the same.
JOHN WICKES . I am porter to Messrs. Debenham and Storr. Forrester brought a load of goods there on the 23rd Nov., about half-past three or four o'clock—it was light—I recollect the box of jewellery that came from Messrs. Attenbotough's—Forrester took it up stairs—it was put in our ware-house,
of which I had the charge—as soon as the plate was in, I locked the door, and put the key in a certain place, where we always hide it, which no one knows but ourselves—no stranger could get at it—Quelch did not know where it was—in about half an hour afterwards, I went and unlocked the door, to look over the articles—I took the box of plate and lotted the articles—I found a gold watch, a brooch, and a ring deficient, which were to have come from Mesars. Atttenborough's—I expected them.
Cross-examined by MR. PRENDERGAST. Q. Why? A. Because I had a list of the goods—I have it here—I did not look over the things to check them with the person who brought them—we never do that—we could never get through our business if we did—I looked them over by myself—the carman was then gone on another journey.
Cross-examined by MR. PARRY. Q. Is this list your writing? A. No; it came from Messrs. Attenborough's—I got it from my employers—I have been eighteen years with Debenham's—My wages are 22s. a week—Mr. Akere is not here—there was no one but him and me there when Forrester brought the box.
OLIVE OSBORNE . I live in Charles-street, Drudy-lane. One evening in Nov. I saw Quelch in Drury-lane; he came as if from Broad-court—I saw him hand a small brown-paper parcel to Carter—I had known Carter before, but not Quelch—I am certain he is the boy—I went up Drury-lane—I afterwards saw Carter higher up—I saw her call Kelly across the road, and give him a small brown-paper parcel—it seemed to be just the same that I had seen Quelch give to her—Bell was at that time on the opposite side of the street—Kelly went and showed it to Bell, and I saw it was a small yellow watch—I could not see who opened the parcel—it was opened when it was in Kelly's pocket, I suppose—it was open when Kelly showed it to Bell—I was passing by at the time—it was similar to the watch now produced—Kelly and Bell went straight up the lane towards Holborn—I do not know what became of Carter.
Cross-examined by MR. PRENDERGAST. Q. What are you? A. A drawn bonnet-maker—I have not had much to do in that line lately—I have not left off that business entirely—I have one bonnet in the house, I am not making it for any one in particular, but to sell it if I can to any person who will buy it—I do not keep a shop, or put goods in the window—I do not walk about that neighbourhood in particular—I reside about Drury-lane—I have no reason to be on good or bad terms with Mr. Pocock, the policeman—I have been drinking with him at public-house—I have not taken any account of how many—I have been in several in the neighbourhood of Drury-lane—I have only been in one in this neighbourhood.
Q. When did you first see Pocock after this? A. I met him in Bov-street, as I was walking there in the evening—I do not know on what day—I think it was after six or seven o'clock in the evening—I had never spoken to him before—I told him what I knew, because I thought right to do so—it was in the early part of the evening that I saw Quelch in Drury-lane—I do not know the hour—I believe the watch was taken to Mr. Well's to be pawned—I am not known to the young man there—I did not take any watch into a pawnbroker's shop, nor go in with anybody that had one—I did not have any ticket of a watch—I am not aware that I went into a pawnbroker's with another person who had the ticket of a watch—I have been several times in shops with persons—my mother lives in Drury-lane, she does not keep a crockery-shop.
MR. PARNELL. Q. Did you ever go into a pawnbroker's shop with Flannagan to sell a ticket? A. No—I never told Bell so, nor that the man in the pawnbroker's shop knew me, because my mother kept a crockery shop, or that the pawnbroker said, "What! Miss Osborne, have you come to sell the ticket of a watch?"
WILLIAM KIBBLE . I am foreman to Mr. Wells, a pawnbroker, in Broad-street, Bloomsbury. I think I have seen Osborne as a customer, but I could not swear it—she never came to pawn a watch—she came with the ticket of this watch—I detained it—I told her I could not purchase such a thing of her, she must send some relation of the young man—the prisoner Kelly brought the watch to me on the evening of the 23rd Nov., about half-past six o'clock—I advanced him 1l. on it—I believe Flannagan came and had a further advance of 5s. on it—to the best of my recollection, I said, "You did not pawn this watch"—he said, "No, my brother did"—there was a further advance of 15s. made on it—it was after that, Osborne came, and I refused to buy the ticket.
Cross-examined by MR. PARRY. Q. You have see Osborne? A. I believe I have, but I would not swear it—Flannagan's face is familiar to me, but I could not positively swear to him—the watch was pawned about half-past six o'clock—the gas was lighted—we have a great many customers—I do not presume to recognise every one who pawns with us.
WILLIAM POCOCK (police-sergeant, F 14.) I took Quelch and Carter—I told them they were charged with being concerned in stealing a watch—Quelch said he had not taken it, and Carter said she knew nothing about it.
Cross-examned by MR. PEENDERGAST. Q. Do you know Olive Osborne? A. Yes; I have been with her on several occasions, at the Police-court, and on the examination, three or four times, and I have seen her in Drury-lane—I do not know that she was doing anything particular—I have been in public-houses with her two or three times—I do not believe I have been in five public-houses with her—I have not been twenty times in public-homes with her—I should think not ten times—I never knew her till the 4th Jan.—I think I first saw her in Bow-street, when she came to give evidence—she might have seen me the evening before—I think she did see me some evening—she told me about this, I believe it was the night before the examination—I told her to go to Bow-street—I did not take her into a public-houses that night, I am positive—she stopped with me five or ten minutes—I remember it all very well now—I had forgotten it—I told her to come forward as a witness at Bow-street—it was owing to my conversation with her that she came as a witness—I went to Quelch's house, and searched—I found nothing belonging to the prosecutor—I found a new pair of shoes—his mother said they had been bought out of his wages.
NOT GUILTY .
No evidence being offered, the prisoners were
MR. BALLANTINE conducted the Prosecution.
20th Jan.—I put them into the till, and left between four and five o'clock, leaving the shop in charge of the prisoner who was my foreman—I returned in ten minutes, and watched the prisoner—I saw him take a half-crown from my till, and, to the best of my belief, 3s. 6d.—he put his hand as if he put it into his pocket—he paid some for some glasses which he bought that evening—that was not on my account—I called in the inspector—he went and asked the prisoner if he had taken any money from my till—he said he had not—the inspector asked if he had paid for any goods that evening—he said he had taken two shillings out of the till to pay for some goods—he had no right to do that—I desired him to be taken into custody—he handed two half-crowns to the inspector, which are two that I had marked—these are them.
Cross-examined by MR. PARNELL. Q. Was the prisoner in your employ, and that of your predecessor, Mr. Carter? A. Yes, he had been with him several years—he never talked to me about leaving me, and setting up for himself—I did not ask him to remain—he asked a cousin of mine if he had any influence to let him stay, and I continued him—I advanced his wages 5l. a-year—on the morning of 20th Jan., he sent to say he was not able to come—I sent word I should be glad if he could come (he had been ill several days) that I was going out, and I should be happy to see him—I put the marked money into the till while the prisoner was at tea—I cannot exactly say now much money was in the till, I did not count it—I did not find the sovereign, or half-sovereigns when I came back, but I found a 5l. note, which had not been there before—I cannot exactly tell how much more or less there was in the till than there was when I went to it before—some of the marked money was gone—I was on the stairs adjoining the shop, peeping through a little window—I could see the prisoner's side, and see the customers' faces—if I saw them again I should know them—I could not see how much he paid a little girl for some glasses—I could not see whether the little girl bought anything—I saw her come in the first time—she came in again—he then went to the till, and took something from there—he then put his hand into his pocket, and paid for the glasses—I did not owe him anything for wages, or commission—he has drawn several instalments since ha has been with me—I cannot exactly say what—his wages were to be 30l. a-year, and if I got 100l. this year I promised to give him a 5l. note—if I got 200l. he would have had 10l.
MR. BALLANTINE. Q. He had his board? A. Yes, he preferred to lodge at home, and he was to have five per cent. on the profits—when he produced the half-crowns I saw the marks, and I said they were mine—he said they had not been in my till that evening.
CHARLES WALKER (police-inspector.) I went to Mr. Workman's that evening, I saw the prisoner produce the half-crowns—the prosecutor said, "These are my half-crowns, I will swear to them"—the prisoner said nothing them, but he said at the station, "Mr. Workman, these half-crowns never were in your till."
Cross-examined. Q. Did you receive the half-crowns from him? A. Yes—I asked him what money he had about him—he said, "I have only half a crown," which he produced from his waistcoat pocket—I asked him if he had another—he said he had—I heard him say afterwards that these two never were in Mr. Workman's till.
ROBERT MITTELL (policeman, V 181.) I saw the half-crowns marked—these are two of them—I have no doubt at all about them—one in particular has a notch in it—I recommended Mr. Workman not to put it into the till, but be did.
Cross-examined. Q. Did you take the prisoner to the station? A. I did—I saw him after he was in the cell—he said when he left home he had half a sovereign in his pocket, and he had given change for a 5l. note in the shop, that he asked a gentleman who was going by to give him change for the halfsovereign, and that he bought some glasses at the marine-store dealer's, and paid 3s. 6d. for them, 1s. 6d. he lent a poor woman who came into the shop, and two half-crwons he out into the till, thinking to get some small change for them, but he altered his mind and took them out again—when we were at the station, he said he was very sorry, and wished Mr. Workman to shake hands with him—he said he was a ruined man, and he said, "Mr. Workman, the money never was in your till."
MR. BALLANTINE. Q. Die he tell you who the woman was that he lent the 1s. 6d. to, as he said? A. no—he said the gentleman who gave him change was passing, and he did not know who he was.
( John Carter, the prisoner's former master; John Chancellor, a funeralcarriage master; John Perry, a builder; Thomas Cutbush, a paper-stainer; James Trigg, a cowkeeper; Samuel Potter, a baker; John Penn, William Robinson, and Frederick Terry, gave the prisoner a good character.)
GUILTY . Aged 35.— Judgment respited.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM POCOCK (police-sergeant, F 14.) I was observing Mr. Serivener's on 29th Jan., at six o'clock in the morning—I saw Sims walk up and down, he passed through Gilbert-passage, and went near Mr. Scrivener's shop—it was not then open—he went up to it a third time, and the shop-door was opened by Elen—he came outside, and he and Sims appeared in conversation together, close to the door—Sima then left with something under his arm, and walked away very fast up Vere-street—I followed, and saw him apprehended by Brown—I went back to Mr. Scrivener's—I found the shop was shut, and the lights out—there had been a light when I first went there—when Brown came back we went into a coffee-shop—we found Elen, and brought him to Mr. Scrivener's shop—he pulled a key out of his pocket, and opened the door—Brown took him up to his master's bedroom, on the first floor, to get a light, and Mr. Scrivener desired Elen to go the kitchen and get a light—the kitchen is the second floor—he went there and got out at the window—we found that, by the window being open, and the snow knocked off—we went to Sims' lodging, and found a large loin of mutton, and some loose meat—I apprehended Elen the same day—I told him he was charged with being concerned with Sims, in taking meat from his master's shop—on the road to the station, he said he had acted very foolishly in getting out of the window.
Cross-examined by MR. BALLANTINE. Q. Did Elen come back after he had escaped? A. Yes; I apprehended him there—he surrendered himself, and I was sent for—I did not hear him say he was innocent—I saw him at the door when Sims was there in the morning—I could not be mistaken—I did not charge another man with opening the door to Sims—I took another man, and brought him to Mr. Scrivener's shop—I did not, when I saw Elen, say "O, I am wrong; you are the man"—I did not say anything of the kind—I did not first of all say it was another man who had opened
the door—we found two of Mr. Serivener's men in the coffee-shop, and took them both into custody to Mr. Serivener's—I did not take the other man further than to bring him to his master's shop—I thought it was probable we might have something to do with it—I do not know whether he was in the shop at the time—I knew he was in Mr. Serivener's employ—I called out the other man, and Brown took Elen—I took the other man—we took them to their master's shop—they both came willingly.
JAMES BROWN (policeman, T 142.) On the morning of 29th Jan. I was watching near Clare-market—I saw Elen and Sims talking outside Mr. Scrivener's shop—I saw them both go into the shop—Sims came out, with a bundle under his arm—he went to No. 22, Starling-street, and was about to open the door—I stopped him, and found on him a piece of beef and a leg of mutton, wrapped up in a coat, which I have here—this meat was shown to Mr. Scrivener at Bow-street.
Cross-examined by MR. BALLANTINE. Q. You and Pocock went to a coffee-shop, and took two other men? A. Yes—Elen and another man, who was in the employ of Mr. Scrivener, were called out—I did not see anybody but Elen and Sims at the shop in the morning.
Cross-examined by MR. PARRY. Q. Was this breakfast-time? A. It was about seven o'clock in the morning—I am in the same division as Pocock—I have not been brought up under him particularly—he has given me instructions occasionally.
THOMAS SCRIVENER . I saw the meat produced by the officers—I swore to two ribs of beef as mine, and I had mutton of the same description, but I had so much I would not swear to it—I am positive as to the beef—this coat belongs to Elen.
Cross-examined by MR. BALLANTINE. Q. Do you know that coat? A. Yes, from continually seeing Elen wear it—there is no nam on it that I am aware of—Sims is a salughterman—he kills at different butchers' in the neighbourhood, but not at my place—I do not kill, I buy my meat dead.
MR. PRENDERGAST. Q. Sims had no business in your shop? A. Not the least—he was in my employ a long time back—Elen was in my service.
(The prisoners received good characters.)
ELEN— GUILTY . Aged 28.
SIMS— GUILTY . Aged 28.
Confined Six Months.
708. JEREMIAH HEWETT and WILLIAM NEWMAN , stealing 1 sack, value 2s.; and 5 pecks of beans, 4s. 6d.; the goods of Thomas Wagstaff and another, their masters; Hewett having been before convicted; and PHILIP PYE , for feloniously receiving the same.
MR. PRENDERGAST conducted the Prosecution.
THOMAS WAGSTAFF . I am a farmer, in partnership with my brother, and live at West Ham. On Thursday evening, 27th Jan., I went into my chaff-house, between six and and seven o'clock—my brother called my attention to it—I found the lock on the chaff-house door, but not locked, which it ought to have been—it was in Newman's charge, he was the chaff-cutter—I opened the door, and found a bag of beans hid under the clover—it ought not to have been there—he ought to have mixed the beans up with the chaff he had cut that day, and given it to the carters for the horses' food—I mixed some wheat with it, cut up some green willow rods, and put them with the beans, to identify them—I left the sack where I had found it, and shut the door—Hewett was in my employ—it was his business to drive my horses to
town—he had no business in the chaff-house—I gave information to the police, and the next morning, a little after four o'clock, I went to a stable at the King's Arms—I saw some beans—they were not in a sack then, but shot into a bin—I am certain they were mine, because I found in them the wheat and the cut sticks that I had put in them, and I found the sack that they were in—Pye was ostler there—he was asked by the policeman how he came by the beans—he said he had brought them of a man from Kent, but he did not know who he was—I am quite positive they were my bean, and what had been in the that morning.
Cross-examined by MR. O'BRIEN. Q. Have you any of the beans here? A. The policeman has—I took part of them out of the bin at the stable, and the policeman took part of them—they were mixed with chaff and oats, but that was artfulness of Pye—they have the wheat and the sticks with them—here is about a bushel—I saw about a bushel and a half in the sack in the morning.
Cross-examined by MR. BALLANTINE. Q. Did you ever state before that Pye said he had bought the bean from a man in Kent? A. I am not certain whether I stated it at the Thames-police—I stated it on the morning of the day they were found, I do not recollect to whom—I am almost confidence I said it at the police-court or at the station.
THOMAS FORRESTER (policeman. I was on the Essex-road on Friday morning, 28th Jan.—I received information, went to the king's Arms, and saw a wagon opposite the stable—I saw Hewett take a sack on his back from the side of the wagon, and go up a passage leading to the King's Arms stable-yard—it being dark, I lost him all at once in the passage—I then saw him return down the passage again—I asked him what he had done with the sack—he said he had no sack—I said he had—he said he had not—I sprang my rattle, and my brother officer came—I took Hewett up the to the stable, and in looking round I saw a sack lying in a stall—I took it up, and saw Mr. Wagstaff's name on it—Pye was there; I asked him if he knew anything of the sack—He said, "No"—I went to the corn-bin, and saw a quantity of beans and oat—I asked him whose corn it was—he said it was his—I asked him if he would allowed me to take a sample—he said, "Yes"—I told my brother officer to let no one touch the corn, and I went and took Hewett to the station—I then took the sample to Mr. Wagstaff, and he pointed out some wheat and bits of stick by which he knew it—I have some of it here—I took Pye into custody, and I took Mr. Wagstaff to the stable—he went to the corn-bin, and said they were his beans.
Cross-examined by MR. O'BRIEN. Q. Did you pick these bits of stick out of the sampleyou took to Mr. Wagstaff's? A. Not all, about two pieces—I found these bits in the sack afterwards—these are all the stick I found and all the wheat.
GEORGE WEBSTER (policeman, K 204.) I was called to the stable—Forrester found this sack and the beans in the corn-bin—Pye said he knew nothing about the sack, but that it was left two or three days back—the corn in the bin he said he bought in Kent, or in Kent-street.
Cross-examined by MR. BALLANTINE Q. Have you ever stated before that Pye said he brought it in Kent or Kent-street? A. I do not know that I have—I had half a pint of beer at the public-house, I paid for that out of my own pocket.
two months)—I was at that time a policeman—I took him—he is the person.
(Pye received a good character.)
HEWETT— GUILTY . Aged 45.—Recommended to mercy by the Prosecutor.— Confined Twelve Months.
PYE— GUILTY . Aged 29.— Confined Six Months.
NEWMAN— NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 46. Confined Two Months.
GUILTY . Aged 32.— Confined Three Months.
MARY HOBBS . I am the wife of Henry Hobbs, On 25th Jan., about half-past two o'clock, the prisoner brought a basket of wood to my house—I had a handkerchief on a chair there—I took the wood of him, and left him at the door while I went across the room to shoot the wood—the handkerchief was within his reach, if he had stepped in—I gave him the basket back, and when he was gone the handkerchief—I have no mark on it.
Prisoner. I found it, and put it in my pocket.
GUILTY .* Aged 16.— Confined Six Months.
GUILTY . Aged 35.— Confined Four Months.
JOSEPH BENTON (policeman, K 381.) I was on duty at Stratford on 22nd Jan., about five o'clock in the afternoon—I saw the two prisoners and another—I watched, and saw them go to Mr. Mason's—Smith looked out while Collier got on the other man's shoulders and looked over the wall—they then went to Mr. Rees', and were there five minutes—they then went to Mr. Hillary's, and I saw Collier and the other man trying to get a knob off—Smith was standing by—I had seen them all go round by Mr. Rees' counting-house, and they all three came out again—I inquired, and a bell was gone—I went after the prisoners, and found them in Upton-lane, in about three-quarters of an hour—I followed them to Upton-place—I saw Smith
throw away something—I whistled for my brother officer—I went and took Collier—the third man got away—I went to the place where I had seen something—I found this knob, and Miles picked up this bell.
HENRY MILES (policeman, K 235.) I found this bell—I did not see t thrown away—I took Smith—I afterwards went and took the spring of the bell, which corresponds with the bell exactly, and a spring, which corresponds with this knob, was found by the side of the bell, in a ditch.
WILLIAM YORK . I am foreman to Mr. Joseph Rees. I know this bell—it is his property—I saw it safe on 22nd Jan, about four o'clock in the afternoon—the prisoners had no business in the yard—I have compared the bell with this spring, and I assisted Miles in taking off this crank—they correspond exactly.
Collier's Defence. I know nothing about it; three-parts of what the policeman said is false.
smith's Defence. He says he saw us in the yard, and we were not in the yard; it was a pipe out of my mouth that I threw into the ditch.
JOSEPH BENTON re-examined. I had my eye on him the whole time—he had not a pipe in his mouth—he saw me coming up as fast as I could, and then he threw something away—I asked him what he threw away, and h said, "Nothing."
JAMES WADEY (policeman, K 52.) I produce a certificate of Collier's former conviction, at this Court—(read—Convicted 18th Aug., 1845, havin been before convicted, confined one year.)—he is the person—he had had six months before that—he chiefly gets his living by thieving.
COLLIER— GUILTY . Aged 25.— Transported for Seven Years.
SMITH— GUILTY . Aged 36.— Confined Three Months.
(There was another indictment against the prisoners.)
Before Mr. Common Serjeant.
MR. BRIARLY conducted the Prosecution.
RICHARD ANDREWS . I live at 9, Spray's-buildings, Woolwich—my mother washes for the prisoner. I remember writing something for the prisoner, on the Sunday week after Christmas—I believe this is what I wrote (looking at the note)—I wrote the whole of it, and the signature, at the prisoner's request—he did not tell me what I was to write it for—the paper is, "I promise to pay to Mr. William Lee the sum of 9l. 6s. for value received, 1l. 2s. paid;" and in the corner, "James Crawford, 9l. 6s., March, 1847"—I did not receive anything for writing it—I left it with the prisoner.
MICHAEL LETCHFORD . I am the usher at the Greenwich County Court. This is the stamp of the Court to this summons—(This was a summons to James Crawford to answer the plaintiff, William Lee, in an action on contract for balance due by money lent by plaintiff, amount of claim, 8l. 4s.; cost of summons and service 3s. 10d.; paying money in and out of Court, 1l. 0s. 3d.; altogether 8l. 9s. 1d.)—the cause Lee v. Crawford was called on on 14th Jan.—the prosecutor did not appear; some one appeared for him—the
prisoner apopeared, and stated his cause of action against Crawford—Crawford's agent did not, to my knowledge, request to knoe whether there were any documents—the prisoner had this paper in his hand—the Judge said, "What have you got there?"—he gave it to me, and I handed it to the Judge, who asked, "Who wrote that?"—the prisoner stated, a boy or a lad had writtem it, as a memorandum—he said nothing more, to my recollection—I do not know whether I should have heard anything more if it had been said—this is the document, or it was a paper similar to this—I do not swear to tje paper, because I only took it from the prisoner's hand—I cannot swear whether he said anything more that I did not hear—I was in Court all the time.
COURT. Q. Did he represnt it in any way, either directly or indirectly, as having been written by Crawford himself? A. I did not hear him in any way whatever—he told the Judge he got the boy to write it for him as a memorandum—I did not hear hi say that Crawford authorized him to sign it.
Cross-examined by MR. HORRY. Q. Before the document was produced was Lee sworn to his debt? A. Yes.
DANIEL TONER . I am a reporter, living at 6, Red Lion-street, Woolwich. I recollect on 8th Jan. making an inquiry of Lee with respect to a certain debt dut to Lee by Crawford—I asked him whether he had got any not of hand, or any acknowledgement against Crawford relative to the debt—he said he had not, and that Crawford knew well enough that he had no acknowedgement—he said that he could not read or write—I asked him if he would give me an account of how he lent him the money—he said he had lent 8l. 6s. to Crawford, and he paid back 1l. 2s. by instalments; that the first payment was 10s., the second 5s., the third 5s., and the last 2s., and that he afterwards borrowed another soverign from him—I told him that Crawford was summonmed for a debt of 8l. 6s.—I said nothing more then with regard to it—on the 14th Jan., before the cause was called on, I asked Lee, in the presence of his son-in-law, in the Court, if he had got any document from Crawford acknowledging the debt, and he said he had not—I said, if he had any document I would be much obliged to him if he would let me know, as it would save a great deal of trouble, and he declared to me he had not—the cause was called on, and I appeared for Crawford—after Lee had made his complaint, I sai, before the Judge in the Court, if there were any documents I should like them to be produced—Lee then produced a paper to the Usher, which was handed to the Judge; and in reply to the Judge, Lee stated that it was written by a lad, and that Crawford signed it in the presence of his wife—I do not know whether he meant Crawford's wife or his own wife—the Judge made an order for the amount of the debt.
JURY. Q. That was on the same day that he told you he had no document? A. Yes, on the 14th.
JOHN GRIFFIN (policeman, R 229.) I took Lee into custody on 19th Jan.—I asked him if he had any document relative to money due to him—he said he had—he took two papers from his trowsers pocket and handed them to me—one was the order for costs, and the other this promissory note—I read the paper to him, and he said he got his washerwaman's boy to write it—he said he could not read or write, and he hoped he had not done wrong—I asked him if he produced the paper before the Judge at the County Court—he said he did, and the Judge made an order upon the strength of it—I said I should take him to the station—he said, "I hope you will not; I did not know that I was doing wrong."
JAMES WILLIAM CRAWFORD . I am a blacksmith, residing at Plumstead, and work at the Arsenal at Woolwich. I did not write or sign this note—I did not authorize anybody to sign it—I do not owe Lee 8l. 4s.—I never owed him any sum like that—to the best of my belief 3l. is the largest sum I ever owed him—I now owe him 8s.
NOT GUILTY .
715. GEORGE BAXTER , stealing 2 counterpanes, value 4s.; 4 iron rods, 1l.; 2 iron sockets, 2s.; 1 brass rod, 4s. 6d.; 7 3/4 yards of wollen cloth, 2l. 5s. 36 buttons, 1s.; 4 skeins of silk, 1s.; and 11 show-cards, 5s.; the goods of John Dowson; his master.
MR. CLARKSON conducted the Prosecution.
JOHN DOWSON . I am a clothier, and live at Chislehurst. I have a shop at Deptford—in Nov. last the prisoner was my shopman there—I gave him notice that I would discharge him, and gave him till the Saturday week to find other employ—on 16th Dec., in consequence of information, I went to a place which I found to be his residence, in Victory-street, Deptford New Town—I there found four iron rods, some brass rod, some remnants of cloth and cotton, some counterpanes, skeins of silk, buttons, lining, and some show-tickets—I know them nearly all as mine—I found two of these iron rods under his counter, and one over the counter with a lamp suspended to it, and one outside with goods on it—two or three of them had been altered to fit that shop—this is a portion of a brass rod, about eight feet long, which I had suspended in my window—it has been broken to fit his shop—he had no authority to take any of the fittings of my shop away, or anything else belonging to me—the book is here, in which he made entries of anything he sold or bought, there is no entry of his having bought any cloth of me—I never sold him any—I gave him in charge—when I went to his shop, I said I had been given to understand he had property of mine-there, and I had come to see what he had got—he said he had nothing of mine there, and it was a paltry notion of, me coming to his place to search—when the officer took this cloth out of the cupboard, the prisoner said he had purchased it on Holborn-hill, that it did not belong to me, and that he had bought two of the irons from a man named Myson, who had worked for me, and the other two were put among his things by mistake—I had never parted with them to Myson, or authorised him to take them away—here is about one yard and seven-eights of this beaver cloth; I miss about three yards and a quarter off the corresponding piece, which I have here—I have missed from a piece of lining, eleven yards and three quarters; here are about eight yards and a half—it was in the shop a few days before he left—here is a trowsers' length of buckskin: I cannot tell how much is gone from the piece it was cut from, as the ticket is gone, but I have the remainder of it, which corresponds with the cut—these are the two pieces he said he bought on Holborn-hill—here is another piece, two yards and a half of buckskin, I am two yards and a half deficient of the same colour and texture, and I have the piece to match it—this counterpane has got the register mark on it—I have lost five of them—this bears the ticket which it bore when it was in my possession—this book, which I saw at my house, bears the name of every customer he has been serving for eight months, since he has been in my house—it is his writing—he sent me a copy of it before.
Cross-examined by MR. PAYNE. Q. How many shops have you? A. Two at Deptford and one at Greenwich—I do not manage either of them—the
prisoner came into my service in March—he loved in the house with his wife and family—he had his own furniture—I gave him notice on a Monday, in Nov.—I told him he must get out by that day fortnight—I did not tell him on the Saturday that he must go then—I did not tell him when he came for his wages on Saturday night, that if he opened a shop near me I would soon put a stop to that—he has opened a shop near me—it is not a grievance to me that he has got my customers; I should be glad to see any one do—on that Saturday night he was very abusive—he did not then tell me to come and see if any thing of mine had got away in his things: he did on the Saturday week following—I did not go then—I have brought nearly all the books connected with my business—he had to keep them all, to serve customers, and cut out garments, and dress the windows—when we found the counterpanes in his house, he said that they were put round his own tables to prevent their being scratched, and that the person who moved the things for him, had moved the four pieces of iron and the brass without his knowledge, or something of that sort—I occasionally have taken the books to Greenwich, to make them up—while they were there, things could not be entered in them, but I never took the sale-book away—me nephew was in my service—he has left six or seven months—it was not then that I took the books away to make them up—I have twice sent my father-in-law, Mr. Coltman, to the prisoner for the cash, when I have been away for a week—the prisoner used to put it down on a slip of paper—he had a balance-book to enter it—I was throws out of a gig, and was away eight or nine days; I was confined to my bed for a week—I do not remember that when the prisoner came for his wages he said he would come if he was sent for—I asked him one or two questions on the Saturday, but he was very loath to tell me anything—I never authorise the persons who serve in my shops to make abatements—it was my wish for them not to do it if they could avoid it; but they have done os. I have not the least doubt—I cannot remember the exact time I took away the books—it is very likely I took the prisoner's stock when he left—he left on a Saturday, I think on the 10th Nov.—I took the books away two or three days before he left, and I sent them back I think on the following day.
JOHN ADOLPHUS GEORGE BOWSTEAD . I acted as clerk to the Magistrate at the prisoner's examination on this charge. On the first day, on Mr. Dowson identifying the cloth and rods, the prisoner made this statement, which I took down from his mouth—"The prisoner says, 'Mr. Dowson turned me out on the Saturday; when I was moving my goods, the man who moved me put the irons in the truck; the counterpanes were put round my tables to prevent their being scratched; the remnants of cloth I bought of him, he will find the entry in his book; the iron-work had been fixed while I was out; I certainly knew the irons were not mine; they had been sent to the smith's to be bent.'"
Cross-examined. Q. How do you know them? A. By the eyes—other people do not make eyes as these are.
STEPHEN JELLEY . I am a smith, at Cannon-street, Deptford. I was present, on 15th Dec., when the prisoner brought these irons to Myson's shop—he brought one first, and on the following day two more—I altered them by his direction, and he sent for them.
Cross-examined. Q. Are you in Myson's employ? A. I was then—Myson
is not here—here is the mark where the paint was burned off the irons—I altered the first by Myson's direction, and the other two by the prisoner's direction—I was there when the first was brought.
JOHN ANTHONY WEIGHT . I am a gas-fitter, at Victory-street. I know Dowson's premises and the prisoner's—this brass rod is Mr. Dowson's, it corresponds in the pattern and size with his other rods—I have the corresponding pieces here—this one has been violently broken.
JOHN WHITE (policeman.) I went with another officer to the prisoner's shop on the 16th Dec. with Mr. Dowson, who told the prisoner he had come to look after his property, that he expected he had got some there belonging to him—the prisoner said, "I have got no property belonging to you; you have no right to search my house without a search warrant"—Mr. Dowson gave him in charge—I searched, and found two iron bars under the counter, one fixed up with a light on it, and one outside fixed up with two swivels—I took the prisoner to the station.
JOSIAH VINCENT (policeman, R 16.) I was with White—Mr. Dowson told the prisoner he came to give him in charge, and to search his premises; that he understood there was property of his—he saw the iron where the lamp was suspended, and said, "That is mine"—the prisoner said, "You shall not search my house without a search warrant"—we said we need not have that, for he was in custody—I opened a chest, or cupboard, and found this cloth—he gave me these bills through his wife's hand, and said he bought the cloths at a shop in Holborn—he said the counterpanes had been put over the tables—these bills do not relate to this property—I am sure I have all the bills here.
GUILTY . Aged 24.— Confined Twelve Months.
(There were two other indictments against the prisoner.)
GUILTY . Aged 28.— Confined Two Months.
Before Mr. Common Serjeant.
MR. BODKIN conducted the Prosecution.
WILLIAM WICKHAM . I am butler to Mrs. Dickenson, of Plumstead, in Kent. I had sixty-five sovereigns safe on 4th Jan., about eight or nine o'clock in the evening, in a box in a closet in my room—I missed it about nine next night—I had been out nearly all day—the prisoner was page in the family—he would have to go into that room to dress—he left about seven that night.
MOSES ALLWRIGHT . I live in Russell-court, Drury-lane. About nine o'clock in the morning, on 6th Jan., the prisoner came to my house to buy a pair of Wellington boots—Josiah Pratt was staying at my house, he is about seventeen or eighteen years old—he had been there about four weeks, till his father came from Northampton, to ge him a place—he was out the evening before with the prisoner, and when I was shutting up my shop, I went and called Pratt—he did not come in then, he did afterwards, and said he would go and have a spree—he went, and I did not see him till the following morning, when he came in with the prisoner, who bought the boots—he gave me a sovereign to pay for them, and he and Pratt went away together—Pratt
came home on the Sunday evening following, differently attired, which excited my suspicion—on the following morning I went to the station, got the Gazette, and there saw the particulars of this robbery—I went home—Pratt went out about eleven—I followed him, he met the prisoner, and went into a public-house—I got a policeman, and took him to the house—I said the prisoner had robbed a butler—the prisoner said he was guilty, and the other was as bad as he was.
Prisoner. Q. What did you go outside the door and whisper to the policeman for? A. I did not—the other one ran away while I was giving you into custody—when you said he was as guilty as you was, I did not say I would be answerable for him.
GABRIEL GRAVATT (policeman, G 233.) I was on duty, in Finsburysquare. Mr. Allwright took me to a public-house in Whitecross-place, where I found the prisoner—two other lads came out at the time—Allwright saw them—he did not tell me to stop either of them—I took the prisoner to the station, and told him he was charged with stealing 159l. in notes and gold—he said he never saw any notes; that he had 65l. which was all there was in the box; that the other lad had got part of the money, and some clothes—I found on him twenty sovereigns, a watch, ca chain, a guard, a ring, a purse, a suit of clothes, and this stick.
Prisoner's Defence. The butler always tried to get me out; six months ago he kicked me from the house, because I caught him indecently with the cook; the night before, he turned the gold out on the table.
GUILTY . Aged 17.— Confined One Year.
CORNELIUS WILSON . I am in the service of Edward Fairbrother, of Woolwich. On Saturday, 8th Jan., between seven and eight o'clock in the evening, the prisoner came into the shop on his hands and knees, got the till out, and had a sovereign in one hand, and five shillings in the other—I knocked the money out of his hand into the till, which was wide open.
GUILTY . Aged 11.— Confined Nine Months.
GUILTY . Aged 21.— Confined Four Months.
JOHN OXLEY . I am in the service of Andrew Sanderson, of Woolwich. The prisoner was in his service—I watched him on 19th Jan., and saw him take a piece of lead from the corner of the shop and walk into the yard, and into the water-closet—I followed, and took him with the lead on him.
Cross-examined by MR. PAYNE. Q. Was not he an apprentice? A. Yes—we think he has been led into this by others.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.— Confined One Month.
MARTHA WRIGHT . I keep a shop in Woolwich. On 22nd Jan., I had a piece of cheese weighing 3lbs. 60za.—the prisoner came into the shop, between ten and eleven o'clock in the morning—about a minute after he was gone, a boy told me something, and I missed the cheese—I went after the prisoner, and saw him put the cheese on a woman's barrow of onions in the street—I am sure he is the man—the policeman took it—it is mine.
Cross-examined by MR. PAYNE. Q. What became of the man? A. He ran away—he had come twice into my shop—I had just turned to go into the parlour.
Cross-examined. Q. Had you ever seen him before? A. No—I saw him again the same day—I am sure he is the man.
Cross-examined. Q. How do you know it was the prisoner's wife? A. The prisoner's mother told me so, and my brother officer said so.
GUILTY . Aged 19.— Confined Four Months
GUILTY . Aged 15.— Confined Six Months.
MESSRS. BODKIN. and CLERK conducted the Prosecution.
JAMES BURY . I am a labourer. On 21st Dec. I was on board the Constance at the East Country Dock, Rotherhithe, unloading deals by shoving them through the mid-ship port-hole—there were four or five others ar work at that hole—I did not see the prisoner outside the port—he was mate—I had seen him on board shortly before—as we pushed the deals through, we knocked off a piece of wood, which was nailed on again by some one outside—it was knocked off again, and was nailed on each time—I felt a blow of a hammer in my eye—it was thrown from the outside of the ship, through the port-hole—I did not bear anything said when it was thrown—it knocked me immediately, and I was taken to the Dreadnought hospital ship.
Cross-examined by MR. PARNELL. Q. Had you or any of the others had any quarrel with the prisoner? A. No—we shot the deals on to the shore—I should say the mate was ten or twelve feet from the port-hole—some of the others were close to the port-hole—I saw the wood nailed on twice—the next deal knocked it off again—it was to prevent the deal chafing the port-hole—I saw the prisoner when I was taken on deck—nothing passed between us.
through the port-hole, on which the prisoner was nailing a piece of wood to save the ship's wear—one of the deals knocked it off—the prisoner nailed it on again—he had a hammer for the purpose—it was knocked off a second time, and again a third time; I am sure of that—the prisoner threw the hammer through the port-hole into the hold, and said, "Take that you b—r"—I directly heard a noise inside as if some one was hurt—it was a hammer like this (produced.)
Cross-examined. Q. Did you hear what the prisoner said when he went on deck? A. No—he did not go on to the vessel directly the man cried out—he looked in at the port—I saw the wood nailed on three times, and a deal came through the hole immediately after the third time—I cannot swear that he was nailing the wood on, and that a deal came through at the moment he threw the hammer.
WILLIAM CLAMP . I am surgeon to the Dreadnought hospital ship. On 21st Dec. Bury was brought there—his eye was cut—the sight is irrecoverably lost—it appeared to have been struck with very great force, and may have been done with this hammer.
JOHN ADOLPHUS GEORGE BOWSTEAD . I am clerk to the Magistrates at Greenwich. On 21st Jan., on taking the depositions, the prisoner made a statement, which was read over and signed by him—(read—"I am very sorry for it; I did not intend to injure any person, and am willing to make any compensation in my power to the prosecutor.")
GUILTY of Assault. Aged 27.— Confined Six Months.
(The prisoner received a good character.)
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
SARAH NELSON . I keep the Ship, New-street, Southwark. The prisoners came there on 15th Jan.—Wilson asked for a pint of porter—I think he gave some of it to White, who stood at the door—it came to 2d.—he laid down a shilling—I laid the change for it on the counter—he took it up—I put the shilling into my pocket, where I had only a halfpenny—Whitlamb came in—I gave him the shilling—I am certain it was the same.
Wilson. Q. Is not part of your house dark? A. Yes—White could see you—he stood at the door, with his hand up—I had a good opportunity of seeing him—the next time I saw you was at the Southwark Police-court—you were not pointed out to me as the two men—I cannot say whether I had given my evidence before I saw you, but I have not the slightest doubt you are the parties who came in.
JOHN CLARK . I keep a public-house, in Shad-Thames, Southwark. On Saturday, 15th Jan., the prisoners came to my house, about one o'clock in the afternoon—one of them called for half-a-quartern of gin—I served them, and a shilling was placed on the counter by one of them, I cannot say which—I put the change on the counter, and put the shilling in a small bowl in the till—after they had drank the gin they left the house—I looked at the bowl almost momently—the prisoners had just left the house—there were three or four sixpences in the bowl, and four or five 4d. pieces, but no other shilling—I thought it was bad, and followed the prisoners—they had got about 200 yards off—Whitlamb had got them in custody—I gave him the shilling.
White. Q. How many person were in the house? A. You two and two more—I did not say that I gave the shilling to a friend of mine, a baker, or that I took it from the bowl, and showed it him.
SAMUEL BROWN . I saw the prisoners at Mr. Clark's—they called for half-a-quartern of gin—White put a shilling on the counter—I saw him receive a sixpence and fourpence change—they drank together—I ran out when Mr. Clark discovered that it was bad—I secured the prisoners, and gave them in charge.
JOHN WHITLAMB (policeman, M 89.) On Saturday, 15th Jan., I saw the prisoners together, in New-street, Horselydown, between twelve and one o'clock—I watched them into Mr. Nelson's, the Ship, waited till they came out, then went in and received this bad shilling from Mr. Nelson, and followed the prisoners to Mr. Clark's, the Tailors' Arms, Shad-Thames—they went in—I did not see them come out—I was in the rear of the house—Mr. Brown came to me—we pursued the prisoners, and took them—I afterwards received this bad shilling from Mr. Clark—I found on White two sixpences and 8 3/4 d. in copper, and on Williams, two sixpences and 4 3/4 d. in copper, all good.
White. I deny being at Mr. Nelson's
Wilson's Defence. I do not deny being in Mr. Nelson's but White was not in my company.
WILSON(†)— GUILTY . Aged 25.
WHITE(†)— GUILTY . Aged 29.
Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the prosecution.
EDWARD BARRINGTON VERRIER . I am a chemist, at High-street, Southwark. On 17th Jan., about seven o'clock in the evening, a female, in a black bonnet and cloak, came to my shop fot a pennyworth of pills—I cannot identify her—I served her—she gave me a shilling—I gave her a sixpence and 5d. in coppers—West came in directly she was gone—I looked in the drawer where I had put the shilling, with three sovereigns and a half-sovereign, but there was no silver—I found counterfeit shilling—I market I, by West's desire, and gave it him.
THOMAS WEST (policeman, M 249.) On 17th Jan., about seven o'clock in the evening, I was on duty in the Borough—I saw the prisoners and another female together—I knew them and followed them—Evers went into Mr. Verrier's shop—the other two waited outside—she then came out in about two minuted, and joined the others—I went in and spoke to Mr. Verrier—he gave me this shilling—I came out, followed, and saw them at the corner of Thomas-street—they went into a public-house—I waited outside—they came out, and Evers went into Mr. Hobbs's, a chemist, in High-street, and left the other two outside—Whitlamb, who was with me, followed Evers into the shop, and I laid hold of Palmer's hands—I do not know what became of the third woman, I lost sight of her—as soon as I got hold of Palmer, three or four shillings fell from Palmer's hands—I took up two of them, and took one out of her hand—all three were counterfeit—she said she had nothing in her hands—she said at the Police-station that I had put them into ✗ hand Whitlamn brought Evers out of the shop in custody.
Palmer. I was walking along the Borough, and you took hold of my hand, put the shillings in, and tore the sleeve of my frock. Witness. I did not.
WILLIAM ARNOLD EWEN . I am assistant to Mr. Hobbs, a chemist. On 17th Jan. Evers came in for a penny worth of pills—she tendered me a bed shilling—I examined it, having been cautioned by the policeman—I broke it in half, and gave the pieces to Whitlamb.
JOHN WHITLAMB (policeman, M 89.) On 17th Jan. I was with West—I saw the prisoners and another woman in the Borough—after they had passed Mr. Verrier's about half a dozen doors, they stood looking at something which was in Palmer's hand, and something was passed from Palmer to Evers', who went into Mr. Verrier's—the other two looked through the window till she came out—they went into a public-house, and then went on, and Even went into Mr. Hobbs'—I went in after her, and heard her ask for a pennyworth of pills—she put a shilling on the counter—Mr. Even took it, and broke it with his teeth—I took the pieces, and asked Evers if she had got any more—she said, no, she had got no more bad ones about her—I found on her two good shillings, one halfpenny, one farthing, and one half-farthing.
Ever's Defence. I was not aware it was bad money.
EVERS—GUILTY. Aged 26.
PALMER—GUILTY. Aged 25.
Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
JOHN GRIER . I am a baker, at Lambeth. On 18th Jan. the prisoner came to my shop, about two o'clock in the afternoon, to purchase half-a-quartern of flour—my daughter served her, and brought me a half-crown—I said to the prisoner, "Where did you get this?"—she said, "My mother gave it me"—I said, "Where do you live?—she said, "Not for from here"—I said it was a bad half-crown, and went twenty or thirty yards with her to find her mother—I then said, "Where is it?—she said, "I shall not tell you till I am compelled"—I did not see a policeman, and she went away—I marked the half-crown, and gave it to the policeman—my daughter is at home ill—the half-crown never went out of my possession till I gave it to the policeman half an hour afterwards—it might have gone on the shelf, but I am sure it did not go out of my possession.
CLARA HAYES . I am shop-woman to Mr. Wolf, of Crosby-row, Walworth. On the evening of 25th Jan. the prisoner came to our shop, between seven and eight o'clock, for 3d. worth of buttered biscuits—she put a half crown into my hand to pay for them—I saw it was bad—she said she was not aware of it—Griggs came in—I gave him the half-crown—he said it was bad, and gave it back to me—I returned it to the prisoner—she said her mistress gave it her, and she left the shop—she said she lived at Mr. King's, Bedford-row—Mr. Griggs went out after her.
GEORGE GRIGGS . I am clerk to Mr. Wolf, a confectioner, to Crosby-row, Walworth. Miss Hayes asked me to look at a half-crown on 25th Jan., and said it was a bad one, which she got from the prisoner—the prisoner said she
was not aware it was bad, and she got it from her mistress—Miss Hayes gave it back to her, and she left the shop—I followed her—she went to a shop in East-lane, and then joined a man—they then separated, and the prisoner went to Camberwell-gate—I concealed myself behind some trusses of straw—she crossed the road, and returned on the opposite side—she passed by our shop again, and joined the same man and a woman—the prisoner and the woman stopped at Miss Day's—the man went away—a policeman passed while they were at the shop—they watched him, and then went on towards our shop—they then went to Miss Day's shop again—the prisoner went in, and the other woman remained at the window—I ran across, and stood at the door, which was open about two or three inches—I saw the prisoner take some white wool, and immediately after pass some money to Miss Day—I went in, and said it was a bad half-crown, and at the same time Miss Day said it was bad—I told the prisoner I had seen her at Mr. Wolf's, 28, Crosby-row—she said she had never been there, and had never seen me.—Miss Day gave me the half-crown which she marked—I held it in my hand till the policeman came, and gave it him.
HENRIETTA DAY . I live in Crosby-row, Walworth, a few doors from Mr. Wolf's on the same side. On 25th Jan. the prisoner came and asked for some wool—it came to 2d.—she gave me a half-crown—I said it was bad—Mr. Griggs came in, and said the half-crown was bad, and questioned the prisoner—she declared she had never seen him, nor been to Mr. Wolf's—I marked the half-crown.
GUILTY Aged 17.— Confined Six Months.
GUILTY . Aged 20.— Confined Four Months.
WATKINS pleaded GUILTY . Aged 32.
PAIN pleaded GUILTY . Aged 22.
Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
THOMAS DALBY . I am a wool-dealer, at Marlborough-place, Old Kent-road. I have a warehouse and premises in Grange-walk, about 150 yards from a public-house—there is a bottom floor, and a second and third floor—there are two doors to it in the yard, and steps leading up to another door—a person outside could get into the bottom-floor by opening one of the doors. but I understood they were closed—the wool was on the ground-floor—I had not given orders on 23rd Dec. for the delivery of any wool—on 24th Dec. I missed two bags, one larger than the other—they weighed 42lbs., and were worth from 15l. to 16l.
employed there, and one who had come to do up the house—next day I missed two bags of wool—they had no right to be taken without my orders—a person by getting in at one of the doors might have opened the loft door, taken the wool, and then it could have been passed into the lane—there was some scutch in the loft, which is used for manure, on which was the impression of where the bags of wool had been laid—I picked up several lots of wool—I am certain the bags ad been on there.
ELIZA M'DONALD . I had charge of the premises. I locked them up on the night of the 23rd Dec., soon after six o'clock—I did not leave any one there, that I know of—I kept the keys in my pocket all night.
THOMAS CARNEY . I live with my mother in Bermondsey-street—I am a coal-whipper—I have known Verrall seven or eight months. On the Wednesday before Christmas day, after five o'clock, I was undressing myself to wash—he came in and asked my mother if her son was at home—I stepped forward and said, "What do you want?"—he said, "I have come for your brother to move a few hurdles and things for my master"—I had known him to come for my brother to move things for Mr. Pettit, his master—I said I would send my brother as soon as he came in—he said, "Never mind, I will call up again"—I went out to look for my brother, and while I was out he had the horse out which my brother drives—it is a yellowish horse.
Cross-examined by MR. PARRY. Q. You do not know Mr. Pettit? A. No—Verrall used to come and tell my brother he wanted coals and coke for his master.
JOHN BARRATT . I am a coal-whipper, at Hart-court, Bermondsey. On 23rd Dec. I was at Carney's house—Verrall came and told John Carney his master had sent him up for him to move some goods—he said he would go as soon as he had mended the tail-board of his cart—I saw John Carney next morning close by his own house.
Cross-examined by MR. PARRY. Q. I think Carney said, "Will you ride with me?" A. Yes; and he said no, he would meet him at the public-house.
WILLIAM SWAN . I live with my father in Grange-road, Bermondsey. On 23rd Dec., between seven and eight o'clock in the evening, I saw carney's dun-coloured horse and a cart under Mr. Dalby's loft—Carney was in the cart—a bag of wool was thrown down and grazed his back, and nearly knocked him down, and while he was setting that to rights the other bag came down—when he had set them to rights he drove on—I tol my father, as I thought it was not right.
GEORGE MILLS EDWARDS . I live at, Sims' Cottages—I was servant at the Rose public-house, Russell-street. On 23rd Dec., between seven and eight o'clock in the evening, I saw Carney with his cart and horse, and two bags of wool in it, between the Rose and Mr. Pettit's gateway—he drove up to the gateway—I did not see him unload—I saw Verrall in the yard about three minutes before the cart came up—I did not see him afterwards—next morning, between nine and ten, I saw Pettit in a cart, with a large bag of wool, and Verrall with a small bag on a truck, come out of the yard—I do not know what became of the cart—I saw Carney paid some money money by Mr. Pettit, about two o'clock the same day.
Cross-examined by MR. PARRY. Q. What are you? A. I am doing nothing now—I have been walking about for this fortnight—I was potman and waiter, at the Rose, about six months—I left because I had a little too much drink—before that I lived at Woolwich in the same situation—I never was in a police-court, or station-house—I have lived in Woolwich all my life—I
never was charged with smuggling not engaged in it—I never was on shore at deal—I was steward of a transport, which laid there in fool weather—I have been a seafaring man, but very little—I was steward of a transport two years—before then I lived with my father and mother, when out a situation—I have out of a situation perhaps twice in twelve months—I lived with Captain Wade, who I came home with, for six months as valet, in Mile-End-road, in 1840 and 1841—since then I lived four years with a wine-merchat, named Dell, in Church-hill, Woolwich—I left on account of his death.
PATRICK M' CORMACK (policeman, M) 19. Verrall was given into my charge by Carney's brother, and brother-in-law—they said that their brother had been locked up at the station-house, and Verrall must be guilty, because he hired the brother—in going to the station, verrall said it could not be helped, he knew plenty, but he would he would say nothing.
Cross-examined by MR. PAYNE. Q. Do you know carney? A. Yes; for nine years—he has born the character of an honest young man the whole time.
NOT GUILTY .
GUILTY . Aged 37.— Transported for Seven Years.
GUILTY . Aged 13.— Confined Twelve Months.
MARY BARKLEY I am the wife of charles William Barley, of Hopeterrace, Battersea. The prisoner was my servant for six months—I missed some pocket-handkerchiefs, lace, and other things, on 19th Jan.—I that evening searched the bedroom, which the prisoner alone occupied—she and the office were present—she let me look into her box willingly—it was not locked—found in it some calico and some shoes—I had found the lace in another box of hers two days before—I found four handkerchiefs in a drawer which she had to herself in another room—I gave her in charge—she said she did not intend to keep the things—in her pillow, which was cut open, I found this shawl, satin bag, a pair of stockings, these flowers, and this box—I had kept them in a drawer in my room—she had no business with them.
JOHN WALLIS (policeman, V 290.) I was called in on the evening of 19th Jan.—I was present when the prisoner's box was searched, and these two pieces of linen were found—the other things were not found in my presence—I received charged of the prisoner—she said she did not take them with the intention of stealing them.
Prisoner. My mistress has often lent me things; I did not take them with the intention of stealing them.
GUILTY . Aged 16.— Confined four Months
JOHN HOSE TAYLOR . I am a cap-maker, at Walworth. The prisoner and her mother had been employed by me to make caps for men and boys—from information, I gave directions that when the prisoner came to my house on Saturday morning, 8th Jan., for work, she should not be left alone—I west up stairs, came down again, and found in the passage a bag, which contained her work, and these two caps—she was in the other room—I went to look at it—she said, "That is my bag, sur, and the caps in it belong to my mother"—I opened it—just at that time my young man came up, and with me took out of the bag these two caps—they are mine—this one had been lying on a bench with others—it was going to Blackheath; we should have missed it in ten minutes—this other was in a rack—my young man said, "One of these is a cap we were going to send off my coach"—the prisoner said, "I found them in the passage"—I said, "That could not be, this one was in a rack behind you"—she then said she had put them into the bag—my little boy was sent down, that the prisoner should not be left alone, but he told me she sent him out on an errand—he is not here—the prisoner did not tell me she sent him out—this is my writing to this deposition—I believe it was read over to me—(read)—"The prisoner said herself that she had sent my little boy for an errand."
Prisoner. Your little boy was in the room when you found the caps; they were on the bag, not in it.
DENNIS FITZPATRICK (policeman, P 102.) The prisoner was given in my charge—she first said Mr. Taylor put the caps there himself, or some one belonging to him; and afterwards, that she did take them, and covered them with the bag.
Prisoner. I did not; I sent his little boy for an errand, and while he was gone I put my work into my bag; I saw these caps in the rack; I looked at them, and saw his little boy coming, put them on my bag, and covered them; my master saw them; I said, "They are my mother's;" he said he would knock me down; I said, "They are our, I only took them to look at them;" he said I should sit there and finish my work; I was afraid to sit there, for fear of my mother, and then he sent for an officer.
JOHN HOSE TAYLOR re-examined. I found the caps in the bag, not on it—her mother came—they both began to abuse me, and I sent for a policeman—she was as far from the bag as the other side of this Court—she had put her work into her bag without orders, and the caps on the top of her work—she had to come out of the room she was in, into another room, and across that into the passage where the bag laid.
(The prisoner received a good character.)
GUILTY . Aged 14.—Recommended to mercy by the Jury.— Confined Two Months.
Before Mr. Common Serjeant.
GUILTY . Aged 39.— Confined One Month.
735. JOSEPH PURNELL junior, , stealing 8 sovereigns, the moneys of Joseph Purnell, senior, in his dwelling-house; and SARAH WALKER , for feloniously receiving the same, and harbouring the said Joseph Purnell.
MARY PURNELL . I am the wife of Joseph Purnell, of Camberwell—the prisoner is my son—he is eleven years old. On 6th Jan., at ten minutes before nine o'clock in the morning, I went out to work, and left him to go to school—I left eight sovereigns at home, in a box—I came home about three—he was not at home—the eight sovereigns were gone—I did not find him till the Friday week following, at a house in Lambeth-walk—he then had a pilot-coat on, and a hat called a south-wester—I asked him where he had been—he said, "At Mr. Walker's, at Bermondsey"—I went to her on the Tuesday following, and asked her if she knew this little boy—she said, "No"—I said, "Perhaps you don't know him in the dress he has got on"—she then said, "I think I do"—I said, "Perhaps you know of some money he brought here"—she said, no, he had not brought any—I told her that he said he had ought her earrings, and rings for her fingers, and food for the house, with some of the money—she said he had not; she had lent him 16s. the day before.
CHARLES SELLS . About six o'clock on the evening of 6th Jan. the prisoners came to me and bought a shirt, a handkerchief. a violin, a pair of earrings, and things to the amount of 1l. 19s.—the boy had the violin—I thought he was a sailor—she said he was a good boy, and I supposed it was her nephew—she came next day, and said he could not play the violin, would I exchange it, which I did for a pair of canvas trowsers and a shirt, and I gave her a shilling—she said she was going to look for a ship for him—I received two sovereigns from them; Walker paid the first, and Purnell the last.
THOMAS FRYAR . I keep a shop. On the evening of 6th Jan. the two prisoners came in—Walker said she wanted a coat for the boy—I got him one—she then said he wanted a waistcoat—they bought that—the coat was 6s. and the waistcoat 3s.—she tried to buy a ring of me, but I could not suit her with the price—I cannot say which of them paid.
Walker's Defence. He said he had no mother, that was why I took him in; he said he would give me the money and earrings.
Walker. He went with my little boy and had his hair cut; I am innocent of that.
PURNELL— GUILTY . Aged 10.— Confined one Week, and whipped.
WALKER— GUILTY . Aged 32.— Confined Six Months.
CHARLES JAMES . I am a cheesemonger, at Lower Marsh, Lambeth. On Saturday night, 8th Jan., I was outside my shop, and missed a piece of pork—I received information, and saw the prisoners, who had been standing at my window twenty minutes before—Evans gave a hand of pork to Dungate, who took a blue wrapper out of his pocket, wrapped it up, and put it under is arm—I overtook him with the pork on him—Evans was taken.
Daugate. The pork was twelve yards away from me. Witness. You
twisted yourself round and it dropped—I picked it up while I had you by the collar.
Evan's Defence. A boy said, "My governor wants you; I said, "What for? I have not done anything wrong;" he said, "I do not suppose you have;" I went, and Mr. James gave me in charge.
(Dungate received a good character.)
DUNGATE— GUILTY . Aged 17.— Confined Three Months.
EVANS— GUILTY . Aged 17.— Confined Nine Months.
STEPHEN KEDGE . I am a draper—the prisoner Mary was in my service about two months. On a Sunday evening, after she had been there a month, she went to Church—directly she was gone I missed the property, and found some piece of velvet, and two baby's caps, in a small box in her bed room, and on the following Sunday morning I found various other things in the same box—I got a policeman in private clothes, and told him to follow her when she came out of the house in the evening to go to Church—the things were then gone out of her box, and I told him to take het is charge—these articles (produced) are mine, and have my private mark on them—they were found on her, and were taken out of my shop—she begged of me at the office not to go to her sister's—we went to the house where Louisa was in service, and asked if she had received presents from my servant—she said she had never received anything—I asked if she had received any velvet—she said she had—I gave her in charge—I found these remnants of silk, merino, and various things, which are mine.
Mary Moore's Defence. My mistress gave me the best part of the things, and the rest I found in the rubbish box; I gave my sister a strip of velvet, and a bit of satin, and told her my master's sister gave them me.
Louisa Moore's Defence. I am innocent; I received the things of my sister without the least guilty knowledge.
(The prisoners received good characters.)
MARY MOORE— GUILTY . Aged 21.— Confined Three Months.
LOUISA MOORE— NOT GUILTY .
(There was another indictment against Mary Moore.)
Clapham. On Sunday evening, 9th Jan., at half-past eight o'clock, I was going home, I met the prisoners—they asked me to give them some gin—I gave them a shilling—they went and had some—I went into the stable, came out, and one of them gave me 4d.—one of them kissed me, and the other stroked me dewn the thigh—I went away about twenty yards—I then missed a sovereign, a half-sovereign, three shillings and sixpence, which had been loose is my pocket, and safe two minutes before—I went back, and asked the prisoners for it; they would not give it me, and I sent a boy for a policeman—they went on the Common—I went after them—a young man struck me on the side and knocked me on the knees and eldows—I had not seen the prisoners before—I am sure they are the persons.
Roberts. He struck me on the head with a stick; I have been under the doctor's hands. Witness. I did not—I had no stick.
WILLIAM TOMPKINS (policeman, V 119.) On 9th Jan., about ten minutes past nine o'clock, a boy gave me information—I went and found the prisoners—I asked Roberts what she had got under her shawl—she said only four penny pieces—I said, "Let me sec"—I found a half-sovereign in her hand—I said, "How do you account for this?"—she' said nothing—I search her, and found a sovereign—Newman came to the station—Dawson was brought up—Newman said she threw her arms round his neck and kissed him, and Roberts stroked him down the thigh—Roberts had her head cut—I asked the prisoners if Newman was the party who struck the blow—they said "No"—they afterwards said he was—he told me the sovereign and helf-sovereign had Queen's heads on them, which they have.
Dawson's Defence. He asked if we would take anything to drink, and treated us with some gin; he then asked Roberts to go down the turning with him, and he told me to stop and watch, which I did about three yards off; he then said to her, "Here is 2s. 6d., which is as good as half a crown;" he then wanted the money back; she would not give it him, and he struck her with the stick.
Robert's Defence. He gave me 2s. 6d., and then wanted it back; I was not aware of the mistake he had made in the money, or I would have given it him; he gave me this blow on my head; there was no man there.
DAWSON*— GUILTY . Aged 34.
ROBERTS*— GUILTY . Aged 35.
Confined Nine Months.
JOHN SPINK . I am plumber, at Nine Elms. The prisoner was in my service—Spice came to me, and I missed some lead from my shop—it had been put away in a basket—it has been found, and matched by the man who laid it—it is mine.
Prisoner. I found the lead about three weeks before I was taken.
Prisoner. You could not tell what I had in my box. Witness. I looked into his box—there was no lead there.
JOSEPH COLLARD . I am superintendent of police on the Great Western Railway. I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted Dec., 1846, and confined six months)—he is the person—he has been convicted since that.
GUILTY . Aged 17.— Transported for Seven Years.
GUILTY . Aged 23.— Confined Six Months.
741. EDWARD WALKER , stealing 1 jacket, 1 gauge, and 1 cap, value 5s. 6d.; the goods of John Croucher: 1 apron, 6d.; the goods of John Perett: 1 plane, and other tools, 5s. 6d.; the goods of William Croucher: 1 plane, 3s.; and 1 plough, 10s.; the goods of William Burdett: 1 plough, 1l.; the goods of Daniel Harvey: and 1 jacket, 3s.; the goods of Henry Champman; having been before convicted.
JOHN CROUCHER . I am a carpenter, and work for Mr. Hicks. I left work on 30th Dec., and left my jacket and cap safe—they were gone at six o'clock next morning—these are them—I saw the prisoner at the Police-court with my cap on.
CHARLES BURGESS GOFF (police-sergeant, L 8.) On Jan., the prisoner came to me at Tower-street station—he had a jacket and apron on which answered the description on those stolen—he said he bought them in Pettlcoat-lane, about a week before.
Prisoner's Defence. I was waiting near my father's; a young man asked me if I wanted work; I said, "Yes;" he led me to Petticoat-lane; we went and had a pint of beer; he went out and brought in these things; he said, "You put them on, they will make you look fit for work;" I did so; he took me to Ratcliff-highway, and sent me to pawn some tools; they would not take them; they told me to send the man who sent me; I went out, and he was gone; I went to the station, and told the inspector; if I had known the things were stolen, I should not have put them on.
NOT GUILTY .
MR. WILDE conducted the Prosecution.
WILLIAM SHOTT . I am a corn-merchant and wharfinger, at Tothill-street. I have a warehouse at 97—I keep corn in sacks there—on 17th Jan. I inspected some corn mixture in the hands of the police—it is worth 4s. or 5s.—I have no doubt it is mine—Quincey was in my employ—on 15th Jan. he had to carry fifty sacks of barley to the New Cross-station—he had no business with any empty sacks.
Cross-examined by MR. O'BRIEN. Q. Had not Quincey to take a large quantity of sacks from yours place? A. Fifty old sacks, but no new ones—I do not know whether any new sacks were missed, as I had one or two hundred, and have a great quantity now—this mixture, taken from Everfield's
stable, corresponds with mine—it is clover-chaff, and there is a peculiar sort of beans and oats amongst it—here are black and white oats—all cornchandlers sell chaff, but the mixture that was in my bag is not sold by cornchandlers—my man limited to take out a nose bag of food for each horse—he was not to take sacks—I do not know what work my horses had to do that day, it depends upon the carman—sometimes they stop on the road, and do not get back for several hours—a nose-bag contains, perhaps, a peck—I have not brought nay of the mixture from my own bin, as I was satisfied about it—the first day Quincey was given in charge, he was discharged—I afterwards spoke to Salmon—I said nothing about money, nor gave him any—his father worked for me some time ago.
MR. WILDE. Q. Did you know where Quincey was going that morning? A. To Shott's wharf, for barley—that is about two miles—if the nose-bags were full, they were quite sufficient for that journey.
WILLIAM SALMON . On 15th Jan. I went out with Quincey, with his wagon—I assisted him to load it with barley, at Shott's wharf, Rotherhithe—I went up to the stable at six o'clock that morning—he had fifty quarter sacks in the wagon, three new empty sacks, and some horses' food in one of Mr. Shott's sacks—there were three nose-bags—I filled them—Quincey put the food into sack—I hung the nose-bags on the wagon, and Quincey told me to put the horses' victuals at the top of the gateway till he came round with the wagon—I then went down to the warehouse, and he had eleven sacks of flour in the wagon—he then came up to the gateway, took the horses' victuals, and we went to the Saxe Coburg—he took the sack of horses' victuals and the three new sacks into the shed—he wanted me to get up into the wagon and get them out—I went to the privy, and when I came back I saw the two prisoners talking together—I did not hear what they said—we then went to the Brighton Railway and to Deptford, with the flour,—we delivered the fifty sacks of barley at the New Cross-station.
Cross-examined by MR. O'BRIEN. Q. What time were you out? A. From about eight or nine in the morning till about nine at night—the horses only fed once at night—they did not feed as we were going to the Saxe Coburg—I do not know how long we stopped there—they fed out of the manger before they went out in the morning—I put the nose-bags full under the wagon—I did not see Quincey count the fifty old sacks—I know there were fifty, because when we got down we had half of them filled—twenty-five of the sacks were filled with barley—the other twenty-five were left at the wharf—I filled the three nose-bags, and saw Quincey bring out another—I knew what was in it—that was the bag he referred to at the Saxe Coburg, when he told me to put the sack on the shafts of the wagon—I made an excuse, and he did it himself—I was examined before the Magistrate—I did not tell what I have told here to-day—I was not asked—Quincey was discharged—Mr. Shott was speaking to me after he was discharged—I was brought up again next day—my father had been formerly in Mr. Shott's employ—he would not go back to him—I used to work for him a good bit ago—after Quincey was discharged, I went to the warehouse to get something to do—I saw young Mr. Shott, and he asked me to come in, and them I saw Mr. Shott.
Cross-examined by MR. ROBINSON. Q. How do you get your living? A. By work—I have always lived with my father and mother—my father never ✗ me out, or charged me with any offence—he is a carman—he lives by Mr. Shott's warehouse—I have worked for Mr. Newell.
COURT. Q. Where were the empty sacks counted? A. By the King and Queen, after we had been at the Saxe Coburg, and then there were fifty—the three new sacks were not there then—they had been left at the Saxe Coburg before that.
THOMAS TURVEY (policeman.) I produce two samples of horse-food-one of them I got from the Prince of Saxe Coburg stable—I believe Evenfield is ostler there—there was about fifteen or sixteen bushels of the same sort of mixture up stairs, and about half a bushel below, in a bushel-basket—I saw Eversfield there—I told him I took him on suspicion of receiving a quantity of horse-food from Mr. Shott's carman—he said he never received any; all he had was from the cloths, after the horses had been fed—I heard Mr. Shott's team was on the road; I went and found the horses feeding, and compared the sample with what they were eating—this was on the 18th Jan.—the robbery happened on the 15th.
COURT. Q. Had they different food on the 18th to what they had on the 15th A. It was a mixture of the same description; the same purchase of beans and clover, I have no doubt—I had a quantity of clover and a quantity of ✗oats and beans, and they were mixed by my men—I believe there were other bulks of chaff, beans, and oats in my granary; but I believe these were from the same.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
HENRY RAVENHILL . I am one of the firm of Howard and Ravenhill, ironmasters, at the King and Queen iron-works, Rotherhithe. We have a wharf there—we purchase old iron—a lot of about twenty ton of pieces of iron lays at our wharf—the pieces of iron produced by the officer, correspond with the pieces in the lighter—this produced is worth about 14s.—none of it had been sold—it was the property of myself and Mr. Howardno one was authorised to remove any of it from the lighter.
Cross-examined by MR. ROBINSON. Q. Was it on your whaft? A. It was lying off our wharf, in a lighter—it was not landed—it was about 15s. yards from our wharf—we got it from Miller and Co.—it was collected on their wharf, Orchard-Wharf, Blackwall, and we sent a man to put it on board our lighter, and bring it to our wharf—it was on the Thames.
EDWARD EVEREST . I am one of the inspectors of the Thames-police. On 18th Jan., at half-past eight o'clock at night, I saw two boats coming from the barge, at King and Queen Wharf—there were two other craft lying alongside the lighter in which this iron was—Bryan and Hagerty were in one of the boats and Cassidy and M'Carthy in the other—I rowed after the boat in which Bryan and Hagerty were, and saw one of them throw a bag overboard, which appeared to have something heavy in it—it was a moonlight night—I came up to the boat, put an officer on board, and went in pursuit of the one in which I had seen Cassidy and M'Carthy—I called "Stop thief!"—Cassidy and M'Carthy jumped out of the boat into the mud, and ran away—I did not see Griffin, but it turned out afterwards that he had been there—he afterwards brought M'Carthy and Cassidy to me—I examined the boat in which they had been,
and found 210lbs. of iron; some in small pieces—I asked them how they came by it—they tole me they picked it up near the Great Norther—I examined the other boat, and found 196lbs. of iron of the same description—I went to King and Queen Wharf, and found the barge lying there with iron on board of the same description—it was all over rust—there was one place where it had been recently disturbed, and there it was the proper colour—I should say almost half a ton had been taken away.
Cross-examined. Q. Do you mean a large piece of iron appeared to be smooth? A. No; it was a quantity of small pieces—I produce some.
HENRY CUNELL (Thames policeman, 64.) I was with Mr. Everest—I was put on board the boat which contained 196lbs. of iron and the prisoners Bryan and Hagerty—I asked them where they got the iron—they said the other two asked them to bring it on shore for them, and they should have half of what it fetched when it was sold—in two or three minutes afterwards Bryan said they bought it coming up from Popular, and gave a shilling for it.
HAMMOND JOHN GRIFFIN (Thames policeman.) I was at Cole's-stairs, Shadwell, and saw Mr. Everest pursuing a boat in which Cassidy and M'Carthy were—they rowed on the mud and jumped out of the boat—I caught them, and took M'Carthy to Mr. Everest, and while I was going through the mud after Cassidy, he said. "You have no occasion to come through the mud, I will give myself up."
(The prisoners received good characters.)
CASSIDY— GUILTY . Aged 17.
M'CARTHY— GUILTY . Aged 17.
BRYAN— GUILTY . Aged 17.
HAGERTY— GUILTY . Aged 16.
Confined One Month.
GUILTY .— Confined Six Months.
MR. O'BRIEN conducted the Prosecution.
JOHN BEALE PASHLER . I am a butcher, at Camberwell. Newton was in my service about eleven months—on the evening of 5th Jan., I was induced to watch him closely—I saw him go towards the slaughter-house between seven and eight o'clock, and heard him say to my brother, "I have just met Mr. Gillespie's cook, and she told me to bring a paunch down"—I knew he had taken one there the night previous—I thought it was false, and followed him down the yard, and when he had got into the slaughter-house I was just at the bottom of the garden, ten or twelve yards from the slaughter-house—I listened and heard him unbolt the back door of the slaughter-house, which opens to a passage leading to my slaughter-house, and to my neighbour's next door—it is opened occasionally—shortly after, he came out, and came past me—I said, "What have you got there?"—he said, "A paunch," and he told me the same story he had told my brother—I went into the slaughter-house—the back door was then fastened—I unfastened it, and went out—the passage was dark—I could not see anything—I felt about, and found a sack
of fat a yard and a half, or two yards from the door, further up towards the end of the passage—I shut the door, and held it in my hand—I stopped a minute, or a minute and a half—I heard some one walk past the door up to the corner—I waited a minute or two till I thought he was ready to start, and then opened the door—it was so dark I could not see anything—I said, "Halloo! you are just the man I am waiting for"—I immediately felt Matthams—he had moved the sack from where it had been before—it was not a foot from him, close to his feet, and close to the door—it had been moved a yard and a half, or two yards from where it had first been—I am positive no one else had passed up the passage—I took him by the collar, and led him into my kitchen—I wanted him to bring the sack of fat—he said, "I don't know what you mean"—I said, "I know, and I will let you know shortly"—he said he had come up the passage for a necessary purpose—his clothes were not undone—I gave him and Newton into custody—a sovereign, and 9s. were found on Newton, and four sovereigns in his box.
Cross-examined by MR. BALLANTINE. Q. Was the money greasy? A. Not that I am aware of—the fat was kept on the other side of the slaughter-house, close to the door that I heard open—there was a large trough with a great deal of fat in it.
Cross-examined by MR. PARRY. Q. Is the passage narrow? A. Yes—it is not a regular thorough fate—I had not a light—not more than a minute and a half elapsed from the time I found that fat till I found Matthams—he said he hoped I would make no harm of it—the passage is a considerable distance off my shop—it comes to my slaughter-house, and at the other end is a lane.
MR. O'BRIEN. Q. Do you know this sack? A. Yes—it is one I had—I compared the fat in it with that on my premises—they corresponded.
Cross-examined by MR. BALLANTINE. Q. Do you know whose it is? A. Mr. Earldon's, the corn-dealer—he sent it to our place with corn in it—Luscomb is in my employ—I charged him with robbing me twelve months back, but not recently—he received a bill of mine, and kept the money—I gave him a good talking to, and kept him till a few days after this robbery, when I discharged him, because I fancied he knew something about it—I do not know that he did.
STEPHEN HARRIS (policeman, P 49.) About eight o'clock, on the evening of 5th Jan., Newton was given into my custody—as we went to the station he looked round, and said, "Who are they coming behind?"—I said, "My brother officer is one; I suppose you know who the other is"—he said, "No I never saw him before in my life."
JAMES BAILEY (policeman, P 48.) On the evening of 5th Jan., Mathams was given into my custody—as we went to the station, he said he thought it was a very improper charge, as he only went there for a necessary purpose—he said he had been with a friend to buy a pig in East-lane, and was going back that way—he said, "I know nothing of that man that is before me, I never saw him before in my life."
JOHN SMITH . I am barman at the Duke of Clarence, about fifty yards from Mr. Pashler's. I know the prisoners—I have seen them drinking together at the Duke of Clarence—I cannot say whether they were acquainted, but I have seen them pay for each other's drink—I may have seen them together two or three times a week.
CAROLINE SEYMOUR . I am cook to Mr. Gillespie. I know Newton by his coming for orders—on 4th Jan. he brought a paunch—I said, "You have forgotten the lights"—he said, "I will bring some to-morrow evening"—next
evening he brought the paunch, and said, "Cook, I have brought you a paunch, and if you see my master, or Tom, say you met me, and asked for this paunch, as I wanted to go out to-night"—I had not met him that evening.
(Newton was charged with having been before convicted, to which he pleased quilty.)
NEWTON— GUILTY . Aged 23.— Transported for Seven Years.
MATHAMS— GUILTY . Aged 32.— Confined Twelve Months.
SARAH CORDEUX . I am the wife of Frederick Cordeux, of the Old Kent-road. On 31st Jan., about six o'clock in the evening. I was at the pit-door of the Victoria Theatre—I saw the prisoner come close by my side—I put my hand in my pocket, and missed three shillings, a sixpence, and four pence, which were loose—the prisoner was gone directly—a policeman asked me if I had lost anything—I told him the sum—I am sure the prisoner was close by me.
JAMES ELPHICK (policeman.) I was on duty at the Theatre, and watched the prisoner and another, who were standing close by Mr. Cordeux—there was a rush, the man behind the prisoner was pushed away, and I saw his hand come from her pocket—I did not see it in it—the pocket was partly exposed—he rushed into the Theatre with the crowd—it would cost him 6d. to go in.
WILLIAM COOMES (policeman.) I went after the prisoner, and found him at six o'clock next morning, at a coffee-house, where he sleeps—I charged him with the robbery—he said he was not near the Victoria Theatre.
GUILTY .** Aged 22.— Transported for Seven Years.
ADJOURNED TO MONDAY, FEBRUARY 28TH, 1848.