CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD FEBRUARY 28TH, 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 Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 28th, 1848, and following Days.
Before the Right Hon. JOHN KINNERSLEY HOOPER , LORD MAYOR of the City of London; Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir William Erle, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Sir Peter Laurie, Knt.; Sir Chapman Marshall, Knt.; Sir William Magnay, Bart.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Sir James Duke, Knt.; Thomas Farncomb, Esq.; John Musgrove, 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., Common-Serjeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HOOPER, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 28th, 1848.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. CHALLIS; Mr. Ald. MOON; and Mr. Ald. FINNIS.
Mr. Recorder and the First Jury.
GUILTY. Aged 28.— Confined Eighteen Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
WALTER SEARLE. I am a clerk at Messrs. Barclay and Perkins—I know the prisoners. On the 20th Aug. Bishop came and brought a cask, which he said came from Elliott, of Bookham—he wanted the money for it, which was 1l.—I wrote a receipt—he presented this porterage-ticket—(produced)—I then paid him 4d., and wrote this receipt for 1l., which I told him he was to receive in the other office—it is the custom for casks to be brought back empty, and when we see the name of the customer, we pay the money—casks are frequently received at the Talbot-inn.
Cross-examined by MR. METCALFE. Q. If Bishop had brought the barrel without the porterage-ticket, what should you have done? A. Sent him back for it—I should have bought the barrel without the ticket being produced, but should not have given him any porterage—if he brought the ticket I should not have given him the 1l. without the barrel—the porterage would go to the person who keeps the inn—I filed the ticket and receipt, as vouchers.
MR. BODKIN. Q. Should you take in a cask, and pay 1l. for it, without knowing what customer it came from? A. No.
WILLIAM SMITH. I am in the employ of Messrs. Barclay—Charles Barclay is one of the firm—I know the prisoners well—they are porters, and frequently come to our premises. On the 25th of Aug. Bishop brought a barrel
from Mr. Otterway, and a kilderkin from Mr. Phillips, of Farningham, in Kent, to the brewhouse, and presented two tickets to me—he ought to have brought his book with him, but he brought two duplicate porterage-tickets instead; they were in the same writing—I should not have paid him the porterage if he had not produced the two tickets—I paid him 4d. on each—I am in the habit of receiving casks from the Talbot—he would most likely know that—I filled up two receipts, and sent him to the other office with them—I should not have done that if it had not appeared on the tickets that they came from Otterway and Phillips—some time afterwards I heard something, went in search of Bishop, and found him in the yard of the Catherine Wheel, in the Borough—I asked him if he recollected receiving any money for casks from Messrs. Barclay's recently—he said no, he did not recollect having done it at all, or if he had it was a very long time ago—I asked him if he should know his own writing, and produced the three receipts—he examined them, and said they were his writing, and he had received the money for the casks—I asked what he had done with the money—he said he had given it to Arnall, excepting the porterage, which he kept for himself—I had him taken to the station—I knew Arnall well—I went to the Talbot—he had left—I found him in bed, at his lodging, in the Mint, at twelve o'clock at night—he said, "I suppose you are come about those casks?"—I said, "Yes"—he said, "Would not the morning have done for this?"—I said, "No"—he said, "I suppose I am to go to the station?"—I said, "Yes, Bishop is there"—I asked what he had done with the 2l. 13s. he received of Bishop for the casks—he said he had given part of it to a man named Bashford, and had kept the rest himself.
Cross-examined. Q. Did Bishop readily to go to the station? A. Yes; he said he had been at Birmingham some time—the receipts are dated Aug. 25th—the receipts I gave are countersigned "Henry Bishop"—I know nothing of Bashford.
WILLIAM GEORGE JOHNSON. I am a cashier at Messrs. Barslay's. These three tickets were presented to me, and I paid on them 1l., 1l. 3s., and 13s.; one of them purports to come from Mr. Searle's, and two from Mr. Smith—I do not know who presented them—I know the prisoners by sight—I cannot say that they were signed by them—the name of "Bishop" was on them when presented—here is an entry in my book, "Elliott, barrel of purl;" "Otterway, barrel;" and "Phillips, kilderkin, 13s.;" but I have no entry of the name of the man presenting them—I paid the amount to the person presenting the tickets.
JAMES ELLIOTT. I am a customer of Barclay and Co., and live a Bookham, in Surrey. I return barrels every week, but none on which any money is to be received—I never authorised any one to deliver a barrel at Barclay's, and receive 1l. for it for me—Barclay's charged me for casks at starting five years ago, but now I send back empty barrels, and have full ones for them—I never have any money to receive on them.
DAVID DALLY. I am in the service of Mr. Phillips, of Farningham—he is a customer of Messrs. Barclay. I authorized no one to take a cask, and receive money for it—I go with the van—no one takes casks but me—I lost no casks.
not received any from Mr. Otterway lately—these porterage-tickets are not mine—the prisoners had no authority to take these casks—if they had been sent I ought to have received the porterage—Arnall was in my employ at this time, and had been for two or three years—Bishop was carman to Mr. Pace, in the same yard—I dare say he and Arnall were acquainted—they had no authority to issue tickets, unless I wrote on them or sent them out—they never accounted to me for any money received on them.
Cross-examined. Q. Bishop was not in your service? A. No; I knew him by sight—Arnall was occasionally employed to take back casks, but I always sent him out with a book, not with duplicate tickets.
MR. BODKIN. Q. Would this be a ticket that, under any circumstances, would issue from your yard? A. They would have no business to be in our yard—I occasionally have tickets of my brothers—we are not partners—the prisoners would know that these were not proper tickets to come from my place, because "New Inn, Old Change," is on them, and my tickets are all headed "Talbot"—if I use my brother's tickets I do not alter them.
THOMAS MOORE. I am a carrier at the New Inn, Old Change. These printed tickets are such as are issued from my office, as far as the printing is concerned; I cannot say they are mine—they are not filled up by me—I gave no one authority to receive any money on them—mine have "The Talbot" on them, as well as "New Inn"—my brother and I are connected with both places—this is a ticket I should issue—this ticket does not indicate where the barrels are sent from, it might be either place—I and my brother issue these tickets in common—I generally keep them in my desk.
Cross-examined. Q. What character does Bishop bear? A. I never heard anything against him—he was not in my employ.
ROBERT IRESON (policeman, M 113.) I had charge of the prisoners at the station—these tickets were there—Bishop said he had signed the book, but did not fill up the duplicate, that he did not do the writing—I believe he said he had received the money—(The tickets were here read, they were all signed "Henry Bishop.")
ARNALL— GUILTY. Aged 44.— Confined One Year.
BISHOP— NOT GUILTY.
NEW COURT.—Monday, February 28th, 1848.
Before Edward Bullock, Esq. and the Fifth Jury.
MR. PAYNE conducted the Prosecution.
JOHN FANCUTT. The prisoner was servant to me and Mr. May—he had 30s. per week, house rent, the use of furniture, coals and candles—he had carried on business previously and became a bankrupt—it was his duty to receive money on our account—he did receive monies from time to time and paid them over—we purchased the implements in trade of the assignees, and they were delivered over—it was after we obtained possession of them from the assignees that the prisoner was employed by us as a servant—there were customers named Lewin and Hailstone—if the prisoner received any money
from them, it was his duty to pay it over to me or Mr. May—if he received 12l. from them he has never paid it over to me—we had customers named Simpson and Co.—if he received 18l. 18s. 6d. of them, it was his duty to pay it to me or Mr. May—he has not done so—we had a customer named Gray—if he received 3l. 14s. 7d. of him, he has not paid the whole of that; he paid me part of it—when we discovered that money had been paid and not accounted for, I went to him and said, "Hodges, you have been robbing us"—he said, "No, I have not"—I said, "It is no use your denying it, you have"—he again said, "I have not"—I said, "You have, and you had better give me the account of what you have taken, or it will be the worse for you"—in consequence of that statement he went to an iron safe, fetched a book, put down a number of names, and gave them to me—I said, "This is not all"—he said it was—I said, "It is false; you received three pounds some odd shillings yesterday; we will bring the man down to prove it to you"—he said he believed he had—I said, "Put that down"—he did, and he gave me from his pocket, I think, 2l. 11s. 6d.—this is the paper in his own handwriting—we have not received the 12l., nor the 18l. 18s. 6d.—after I had seen this paper, I told him he had better pay us over the money, or else I would give him into custody—he said, "Don't do it, I will find a person to take it off your hands"—I went away with the intention of giving him into custody, but I did not do it at once, and he wrote me a letter the day afterwards—this is the book of wages—here is the entry of wages from week to week, where he always signed his name with the rest of the labourers—in consequence of the prisoner's letter, begging for mercy, and to give him time, I stopped a good while; but he did not continue in my service, I discharged him—there was little work wanted finishing, and I put one of the best men, named Block, to do it in the prisoner's place—I put Block on on a Saturday, and I was to see him on the next saturday—when I went, I found the prisoner usurping the power of the place—he took the goods away from Block—he was living there, as would not go out—he kept possession in spite of us—I told him his conduct was so bad I could not trust him any more—he said he would not go out—Block threatened to knock my brains out with a mallet, and the prisoner was in the same place encouraging him—at that time the prisoner had ceased to be our servant—the property continued to be ours—we had supplied the money for carrying on the business—the prisoner was taken before the Magistrate, and the case was remanded for a week—I was told by the clerk it was to be at one o'clock, and Mr. Ballantine took the advantage of it, and brought it on at half-past twelve, and when I got there the case was dismissed and the prisoner gone—the Magistrate sent out after him, but he was gone, and I said we would not trouble the Magistrate any more, we would indict him.
Cross-examined by MR. BALLANTINE. Q. What are you? A. A builder, at Camden-town—at the time of this transaction I was a fruit-salesman, in Covent-garden Market—the fruit comes to me to be sold—I employed the prisoner to carry on business as a cloth-presser, in Kingsgate-street—he was my servant, as a cloth-presser—I knew nothing of the business—I could not do any, that was why I employed him—I took the business from Mr. Pennell, the official-assignee, and Mr. Hensh, the trade-assignee—it was the prisoner's business before—he had a partner—I believe he carried it on in the same house—the business requires no stock-in-trade, it requires certain machinery—I believe the furniture in the house originally belonged to the prisoner—I bought it of the official-assignee—I think I contracted to give 150l. for it—it has not been paid—50l. has passed from me—I borrowed.
the money on a warrant of attorney, from Mr. Wrench—the prisoner had not a lease of the house, he was a yearly tenant—Mr. May was his landlord—we wanted possession of the premises—we should not have brought the prisoner here if we could have got possession—we offered, if he would go out, not to prosecute him—I told him it was no benefit to us to bring him to the Old Bailey: to give up the premises, our property, and our house, and we would not prosecute—I considered at that time he had committed a felony.
Q. Then you wanted to compromise this felony? A. No—we had not then taken any proceedings—I said, "Hodges, we will take no further proceedings against you; give us up our premises, and go about your business"—I believed at that time that he had committed a felony, to the best of my knowledge—I do not consider it was a compromise—if he had gone away, and given up our premises, we should not have prosecuted him—I said, "We won't ask you for the money"—I do not know that the business is a very lucrative concern—I borrowed the money, and supplied money for working the business before he got his certificate—I think he got his certificate about six months after we took the business—I cannot say whether he got it in Oct.—our name was lent to the business during the suspension of his certificate—he did not want to take the business again in Oct.—his name was up all the time—we got it painted out one time, and then he washed the paint off again with turps—that was about two or three months after we had taken the business—I think we took the business in Dec. or Nov., 1846—upon my honour I do not know whether the name was painted out till last Nov.; I do not think it was so late as that, the matter is so complicated I will not swear about it—there was a brass plate likewise; I did not take it away, Mr. May took it off, not with my concurrence or knowledge—I told Mr. May to go and take possession of his place, and take off the plate—I do not think that was on the day on which the suspension of the certificate ceased—the prisoner's name was on the brass plate—I do not know that he charged me with stealing that plate; I never heard of it—I did not return the plate—I think I went down to Mr. May, and said, "Hodges is finding fault about that plate; let him have it back again'—we had got a bad man to deal with, and the law might have afforded him a felony for it, so we took back the plate—we wanted to get rid of him in the best way we could—I took him before the Magistrate some time after I discharged him—Mr. Parker was my attorney—I did not authorise him to compromise the case—I did not offer to withdraw from all proceedings if he would give up the premises; it was their offer to do it in six months—I said, "No"—Mr. Parker did not offer, before we went into the office, to withdraw from the whole proceedings if he gave up the premises at once—if Mr. Parker did so, he acted without my authority—I would not have compromised it then on such conditions.
Q. Would you have compromised it on any conditions? A. I should if I had known what hands I was in—the case was adjourned—I preferred a bill after that, but not at the next Session—Mr. Parker made a mistake, and let one Session go over, for which I scolded him—no bill was to be preferred at the following session, but it was not my fault—I was subpœnaed as a juryman here last Session—I did not direct Mr. Parker to make any offer to compromise—I did not authorise him to write any letter—this letter (looking at one) has his signature—I think he said he would write, I am not certain—I do not know what about—I said I should leave it in his hands—I do not know what he was to write about, because it was considered it we did anything we should get ourselves in a mess for compounding a felony—I had no
hand in writing the letter; I gave no authority—he said he would see Mr. Sheriff, or write to him—I said, "I have nothing to do with it"—I did not want to know what he was going to write about, I was no lawyer—I do not know that it was to be written for the purpose of compromising this matter—I have been to the prisoner since last Session; I went with a broker and four men to remove the things—I took the whole of our furniture, for which I had borrowed the money, and have paid some of it—we gave the broker the inventory of the furniture, but we left the presses behind—I do not know of any agreement on which the prisoner worked; it is false, these was no agreement—I do not know of any agreement in writing—he never told me of any—he saw Mr. May first—there was no agreement made without me—the prisoner went to Mr. May, and he said, "I shall make no arrangement"—there was an arrangement made with me and Mr. May and the prisoner about buying the goods, and then we brought the goods of the official assignee—then the prisoner asked us to buy the business and goods, which we did—we consider we gave 151l. 7s. for the business—we bought what the official assignee had to give us—the six presses are down in this inventory—I suppose they are worth from 20l. to 30l. a piece—we have not got them.
MR. PAYNE. Q. Did you give a bill of sale? A.—before his bankruptcy he sold three presses to me for 60l.—I brought them over again of the official assignee and trade assignee—if the prisoner had acted honestly he might have got his business again—I said, "For God's sake, do be honest, if you can"—it was our business all the time it was being carries on, and the goods and implements were our articles—I charged the prisoner with taking money under false pretences.
COURT. Q. Tell us what you charged him with? A. With receiving our money under false pretences—I advised with the inspector what charge I should give—I said he had taken our moneys, and appropriated them to his own use—I left the matter in the hands of my attorney the bill had been found.
WILLIAM SHAW MAY. I was the prisoner's landlord at the premises where this business was carried on, and I am so still—he was indebted to me when he become bankrupt—he afterwards became servant to Mr. Fancutt and me—his wages were 30s. a week, and he had part of the house to live in, with coals found him—Mr. Fancutt and myself found money for carrying on the business—there is book of entry of what was advanced—we had previously purchased the stock and furniture of the assignees of the bankruptcy—it was the prisoner's duty, if he received money on our account, to pay it to me, for which I singed a book—it was his duty to do so up to the time he was discharged—if during that time he received 12l. 18l. 18s. 6d., and 3l. 14s. 7d., it was his duty to pay them over to me—he has not paid them over to me, nor accounted for them in any way—he only gave a list; before he was challenged he did not account in any way—he signed this book for his wages weekly—it is my writing—he used to come to me, as well as the whole of the men—he was paid by me, and here is his signature—during the time he was receiving this money, the business was Mr. Fancutt's and mine—we were both creditors of him—he applied to me to purchase the things and the business—I was before the Magistrate—the charge against the prisoner was the sums of money which are in this indictment—we could not get the parties to attend, and the case was adjourned; they called him an hour previous to the time appointed, and he got discharged before we arrived; in fact, they sent out to call him back.
Cross-examined. Q. Was Mr. Jardine the Magistrate? A. I believe that
was the name—it was at the Police-court at Bow-street—I certainly considered the prisoner had authority to receive these sums of money up to the time we gave notice, from Dec. up to July—after July he had authority to receive moneys on receipts signed by myself—that notice was sent round on the bills, and he did not deliver them, so the parties did not know it—he had authority after July to receive money, if he took a receipt signed by me—I remember the prisoner's name being on the shop, and a brass plate being there—the brass plate was removed one morning, but it was returned back the same day—I and my man removed it, but it was left on the premises—the prisoner was there at the time it was removed—I did not hear that he had been complaining—it was left in the passage—it was taken from the door to the inside, by the man who took it off—I saw that done—I am a builder by trade—I know nothing more about the cloth-pressing business than what I have seen there—we received about 200l. of debts—our names have not been up, only to the bills—the prisoner got his certificate some time in Oct., I think—it was some days after, I think, that the brass plate was taken off—it may have been a day or two, or a week after—we were painting out the name at the time—Mr. Fancutt and myself were present when the first arrangement of the terms were made—the prisoner had come to me previously to know if I would join Mr. Fancutt and take the business—there was no written memorandum—I never saw one signed by the prisoner—I have seen a memorandum, which was attempted to be put before us, to make the prisoner a partner, which I would have nothing to do with—that was previous to our taking the business—it was produced by the prisoner at Mr. Newstead's the lawyer's—I do not know what has become of it—the agreement was something relative to the prisoner's having a share in the business—my name never appeared plainly in the business—it was "Fancutt and Co."—that was after I had seen the agreement in which the prisoner proposed to be a partner—the firm was all the while carried on as Fancutt and Co.—I was the ostensible person—the name of Fancutt and Co. was put by the prisoner—I believe that was by my authority—I did not wish my name to appear to have anything to do with the business.
MR. PAYNE. Q. Did you ever consent in any way to the prisoner being partner with you? A. Never—he was only employed by us, and received weekly wages, the same as other servants—I was present when he was discharged—Mr. Fancutt told him to be off—after the first notices went out, there was a copy of the receipt he was to take to the customers—I doubt whether the notices ever got to the customers—after July, if they offered him money, he was to have my receipt—if they had not these papers it was paid in error—if he received money it was his duty to pay it to me, and I should have signed his book—he had got a book which I used to sign.
HENRY LEWIN. I am a partner in the firm of Lewin and Hailstone. I paid this bill to the prisoner (looking at it)—I paid part of it on 25th June, and I had paid part of it before—this is his writing on it—I cannot recollect whether I paid it by a check or not.
Cross-examined. Q. Where do you live? A. In Brewer-street, Golden-square—I considered I was dealing with the prisoner—I knew nothing of Fancutt or May—I have known the prisoner twelve or fourteen years, all the time carrying on this business in the same place—I knew of his bankruptcy—after that I considered that the business was going on as his own—I did not know that the name of Fancutt was lent to it—Mr. Fancutt or Mr. May never came to me—I would not have trusted them with my goods—I trusted the prisoner with goods amounting to 200l. or 300l.—he conducted himself
as an honest man, and a very good workman—the business was a valuable one—I should think the good-will of such a business was worth a good deal of money—I should think the prisoner had made a good connexion, and had good reputation in the neighbourhood—we owed the estate money at the time of his bankruptcy.
MR. PAYNE. Q. Did you know at the time that he was an uncertificated bankrupt? A. I did not know that he had not had his certificate—I have been told so since—I knew him as a bankrupt—I did not know that his certificate was suspended for fraud for six months—Mr. May never came to me—Hodges' cart came for the goods, and we trusted them to him.
SAMUEL WILLIAMS. I live with Messrs. Simpson and Co., New Bond-street. On 14th Aug. I paid the prisoner 18l. 18s.;6d., with a check, which I have here returned through the bankers—he produced this bill (looking at it.)
Cross-examined. Q. How long have you known him? A. I do not know—the business of cloth-pressing is not carried on by many persons—I have trusted 30l. or 50l. of property to the prisoner, and always found him an honest, trustworthy person—I considered my dealings to be with him; I knew nothing of Fancutt and May.
(The prisoner received a good character.)
GUILTY . Aged 44.—Recommended to mercy by the Prosecutors and Jury.— Confined Two Months.
GUILTY. Aged 28.—Recommended to mercy.— Confined Two Months.
GUILTY. Aged 16.— Confined Two Months.
OLD COURT.—Tuesday, February 29th, 1848.
Before Mr. Recorder and the Third Jury.
MR. PARRY conducted the Prosecution.
JOHN M'GREGOR. I live at 17, Charles-street, Middlesex-hospital. I know Barrett and the prisoner—in April, 1846, I was treasurer of the Caledonian Loan and Discount Society, carried on at my house—in April, 1846, a building-club was established, of which Barrett was a member—I was also a member; the prisoner, and a lady named Elizabeth Dodds-Barrett, built a house in charrington-street—he borrowed various sums from the loan society about that time—I produce a book, in which account is kept of all
money advanced by me, on account of the society; the entries are principally in my writing—on May 9th, 1846, here is an entry of 100l. advanced to Barrett—here is another on June 4th, but there is no amount, and another on Oct. 24th, of 100l.—here is 300l. on Sept. 12th, 1846—these entries are all in my writing; they are memorandums of bills given—the 300l. bill included the two other sums of 100l.—I have no particulars of the bill, except the name and number—I only enter the name and number—the number is always written on the bill-head; here is 637 on the 300l. bill—bills are drawn by me alone—(looking at the 300l. bill) this is not the bill that was given on that occasion; there was another given at four months.
MR. SERJEANT WILKINS. Q. I presume you make that assertion about the bill being drawn at four months, from seeing this paper pinned in the book? A. No; I did not look at it.
COURT. Q. Then what is the memorandum from which you say the bill was drawn at four months? A. I never put any mark down for that, because the bill always carried the interest.
MR. PARRY. Q. What did you do with the bill that was given? A. I put it along with other bills, belonging to the society, in my tin box, and locked it up in an iron chest, which I kept the key of—they were there until I ceased to be treasurer, which was about 28th Nov., 1846—I then gave up the box and bills to Mr. Jessop, who succeeded me—the 300l. bill was among them—this one was not there—I first saw that bill in Mr. Pritchard's office four or five months ago—Barrett was with me—I went there to look at the bill, in consequence of something Barrett said to me—Mr. Pritchard was solicitor to the loan society—I do not know whether I introduced him to Barrett—I believe I recommended him to Mr. Barrett—I know Mr. Stones very well; he has nothing to do with the loan society—this is a book of the rules of the society (producing one)—while I was treasurer the prisoner was secretary; he kept the general account-book—his duty was to enter accurately, from my book, all business that I had done—I do not think there is any rule in the book relating to drawing bills—it was my duty, as treasurer, to draw bills, and to instruct the parties—I had power from the society to do it, and no one else—I do not know that the prisoner knew that I had the power to draw bills for the society.
Cross-examined by MR. WILKINS. Q. Who is the attorney for this prosecution? A. Mr. Davis—I do not know him; I have never seen him—I have not seen anybody on the subject, besides Mr. Burnell—I did not recommend Burnell to Barrett—I do not know how many times I have seen Burnell on this subject—the No. 637 on the back of this bill si not my writing—when I saw this bill that number was not on it—I do not think that number was on it when I first saw it at Mr. Pritchard's—I did not see a number on this bill—I do not think these figures are mine—I do not know anything about this bill—these figures are not mine; I swear that positively—I do not know whose handwriting this document is that is pinned into the book (looking at it)—it is, I suppose, a copy of the bill—I never saw it before—it is my book that it is pinned into—I never saw Burnell write—I never spent the money of the society—I appropriated it for purposes of use, according to my instructions—I first began to do so when the society commenced, by the instructions of the directors—they were Mr. Jessop, Mr. Stevenson, Mr. Manley, and James Wadsworth, the prisoner's son—there was no restriction put upon me as to how I appropriated the money, so that
I got good interest and good security for it—the purposes of use were getting good interest on the money—the directors left it to me entirely—I took power from the directors—I appropriated the money, as I said before, for interest, not for my own interest, but for the society's—it is booked—all my interests are booked—the directors have never charged me with having robbed the society—I have always paid 20s. in the pound—Mr. Jessop did not charge me with robbing the society, not did Mr. Manley; they charged me with nothing—they only wanted to have it themselves, and to get it from my house, I suppose—I did not borrow 700l. to pay the monies of which I was deficient—I borrowed 500l. from Mr. Stones—that was for my own use—I did not appropriate that money to pay my deficiencies; it was to take up four bills of my own, which I had discounted with the society—I had a right to do that as well as anybody else—I know Ballard, the police-officer—he came to my house with Mr. Stevenson, Mr. Manley, and the prisoner—they did not threaten that if I did not give up the securities and documents that I held of the society, I should be prosecuted—they did not come to take anything from me—I gave up everything they wished—I do not know what Ballard came for—I believe the order was to give them up to Ballard—they were sealed in my presence—I ceased to be treasurer them instanter.
Q. Do not you know that the prisoner drew that bill contrary to the ordinary practice of the society, because they knew at that time that you were spending the society's money? A. I never spent the society's money—I do not know that anything of that kind was alleged—it was not alleged that Wadsworth drew the bill to take the drawing of it out of my hands—it was two or three months after I had drawn the bill that Ballard came and took possession of the documents—I was formerly treasurer to the Tailors' Society—I was not discharged—I am not treasurer now—I do not know a man named Dallas (a person named Dallas was here called in)—I have no knowledge of him—I cannot say that I ever saw him—he may know me—the house at which the Tailors' Society was held was the Robin Hood, in Great Windmill-street, and after that at the White Horse, in Carnaby-market—I dare say I might have had 150l. of the society's in my possession at one time—I placed that money you allude to in the bank of Marsh, Fontleroy, and Co., which failed—I was asked to refund it—the Society did not ask me for my vouchers for the deposits, only for my own book—I did not say that I had put it under my bed, and that the rats had eaten it—I produced the book—I have paid the society 12s. 6d. in the pound—I was a member as well—when I went with Barrett to Mr. Pritchard's office this bill was shown to me—I did not, in Mr. Pritchard's presence, say, "Beyond all question that acceptance is Barrett's writing"—all I said was, "Why, friend Barrett, you owe the money, and of course you will pay it," but as to that bill I do not know it—I never said it was Barrett's writing, not anything of the kind, I was never asked the question—I did not turn round to Barrett and say, "You do not mean to be such a rascal as to deny your own handwriting?"—I have been several times applied to by the society for the use of my name to conduct actions against parties that owed money to the society, advanced while I was treasurer—I refused to give such authority—I knew this bill to be a forgery as soon as I saw it—I did not go before a Magistrate; I went before the Grand Jury—I was subpœnaed to go—I came here by myself—Mr. Stones went, I believe, and Mr. Burnell—it was never intimated by Burnell to me, or to Barrett, in my hearing, to trump up this charge of forgery—I do not know who proposed going before the Grand Jury—I
was only a witness—these figures, 637, on this bill, are not my writing—I swear that—I cannot swear to Barrett's writing—I have seen him write—I will not swear that this acceptance is his writing—I could not from a belief upon a man's writing—I do not feel myself qualified to do so—I have not seen Barrett write often—he gave me two, or three, or four bills, while I was treasurer—he superintended the building of the house, and furnished me with weekly accounts as he went on, but they had nothing to do with his writing—they were vouchers given by other persons—he was paid every week—he is a journeyman carpenter—he did not give receipts for the money the received—if he did not draw the money it was placed to his account—if he did, he would have no occasion to write—it would be put down as paid to him on account in the book I have here—he sometimes signed it—I cannot say that this acceptance is Barrett's writing—I cannot tell anything about any person's writing—I would not say a word about any person's writing—I could not do it.
MR. PARRY. Q. Did you, when you became treasurer to the society, give security to the society? A. No—the society has not lost a sixpence by me, that I know of—they might have sustained some losses by one or two bills not being paid, where persons did not turn out as I expected; but that, of course, cannot be guarded against in business—they have lost nothing by the money that I have made use of—15l. of interest money was returned to me when I settled my account—I placed 100l. of the Tailors' Society in Marsh and Fontleroy's bank for safety as I thought—I paid 12s. 6d. in the pound to the society, and they were satisfied—I know Wadsworth's handwriting—the body of this bill is his writing—the figures "637" are in the corner—I looked at the back of the bill when I went to Mr. Pritchard's office—I did not notice Wadsworth's endorsement on the bill—I do not think it was there then, nor was this "637"—the ink of the figures "637" is entirely different to that of the endorsement.
WILLIAM BARRETT. I am a carpenter, at 46, Sidney-street, Maiden-lane. In 1846 I belonged to a building society, with Wadsworth and M'Gregor—I built a house in Charrington-street—in 1846 I borrowed some money of the Caledonian Loan and Discount Society—480l. is now owing—Mr. Pritchard, the solicitor of the society, has now a lease of mine—in Sept., 1846, I borrowed 300l., and gave a bill to the society as a security—this is not that bill—I have given other bills (looking at three)—all these three bills have been given for monies advanced since—the body of the bill in question is in Wadsworth's writing—the acceptance is not my writing—this endorsement, "J. Wadsworth," is Wadsworth's writing—I think I first saw that bill about June or July, 1847, at Mr. Pritchard's office—I had received a note from Mr. Pritchard before I saw it—I believed these figures, "637", on the back of the bill, were not there then I swear they were not—Mr. Pritchard acted as my attorney—he is now the prisoner's attorney—I know Mr. Stone personally.
COURT. Q. Have you ever admitted to anybody that that acceptance was your writing? A. No, not on the bill producted—Mr. Pritchard gave me an acknowledgment—I have not got it with me.
Cross-examined. Q. Is that a copy of it? (producing a paper.) A. I dare say it is—I believe Mr. Pritchard gave me the paper in April, 1847—I did not then see the bill—Mr. Pritchard did not take the bill out of his desk to ascertain its date and caracter—I did not see the paper written at all—I called at Mr. Pritchard's respecting some repairs I had to do, and it was
given me in the evening—I gave him an order to obtain money for me, as he said he knew a party where he could get money for me on mortgage—I called in the evening, and then he gave me the paper—I never admitted that the bill was mine—I did not deposit the lease with Mr. Pritchard as security for the monies I owed the society—it was for the purpose of obtaining money for me of a friend, some counsellor, that Mr. Pritchard said he knew, and from whom he said he thought he could obtain me 700l. on my two leases—I swear they were not as security for the money I owned the society—I went twice that day—I have no recollection that Mr. Pritchard read a rough draft to me in the morning—I gave Mr. Pritchard an order to obtain a lease—I do not know the prisoner's son—I never admitted to him that the bill was mine—I know Mr. Birch, a timber-merchant—I did not admit to him that it was my acceptance—I admitted to Mrs. Dobbs that I owed the society somewhere about 500l.—it is very likely I told her that I would pay it as soon as I had sold my house—I never told Mrs. Dobbs that there was another bill in existence, of which the prisoner was not aware, and that if I had any further expense in the recovery of the money, or was too pressing on the bill that he held, I would make it out to be a forgery—Mr. Davis is the attorney I employed in this case—I have seen him once, I think; that was here, yesterday; he was pointed out to me—I gave his clerk instructions to carry on this prosecution—I have been told he is his clerk; I mean Mr. Burnell—I do not know that he has been transported; I never heard that he had till I heard it now in Court—my father had known him for twenty years, and I never heard him say anything of the sort—I believed I was employing a respectable man—I have known him about nine or ten months—I have heard talk of him through my father and uncle—I knew very little of him before this business—I have seen him at the office, 44, London-street, Fitzroy-square, many times—his name is up there, under a bell—Mr. Davis's name is not on the door there—I went to Mr. Pritchard's in company with M'Gregor—the bill was then shown to me—I did not then admit that the acceptance was mine, most certainly not—I said it was not mine—Mr. Pritchard said it was, and I said it was not—M'Gregor did not say to me on that occasion, "Surely you are not going to be such a rascal as to deny your own handwriting?"—I knew it was a forgery then.
Q. Did you go before any Magistrate in this case? A No, I did not—Mr. Burnell told me that he had applied to a Magistrate, and the Magistrate said he could not grant a warrant, because he did not know where the bill was—I went before the Grant Jury by Mr. Burnell's advice—I did not see the prisoner here every day during the Session on which the bill against him was found—I was not present in Court, only before the Grand Jury—I had notice to say that the case would be traversed, and I had no objection to have it traversed.
Q. Do not you know that your name was called out every day during the Session, and that the prisoner was here to meet any charge, and you never appeared? A. No, I do not know that; I received the notice to traverse the day after the bill was found—Mr. Burnell has it—a notice was left at my house that the prisoner was desirous of giving bail; it was not served upon me—I did not appear in Court after receiving that notice—I never gave Mr. Pritchard authority, verbally, to sell my house, and pay the society—this paper (looking at one marked A) is my handwriting.
know this bill of exchange—it is partially my property—I received it from the prisoner about the latter end of Dec., 1846—I think that was after it became due—it was due on the 15th Dec., 1846—I had perhaps a lien on the bill to a certain extent—the prisoner owed me some money, I cannot exactly say how much—I am frequently in the habit of getting 300l. bills from persons who owe me money—it might be 200l., or more, that the prisoner owed me—I had lent it to him, personally, at different times—he was my clerk, and has been so about twenty-two years—I left Regent-street, and came to Warwick-street in 1840—I am a wholesale and retail dealer—I buy good in Manchester, and sell them here—I have carried on business forty years at least—I knew that the prisoner was secretary of some loan society for the last few years, but he continued in my service all that time—I paid him 2l. a week—he explained to me that this bill came as due to the society from the acceptor—he asked me if I would permit him to sue in my name—he did not exactly give me the bill in liquidation of the debt he owed me—there was no arrangement that I was to have a lien on the bill for 200l. for his debt—all the transaction was, that I was to permit the action to be carried on in my name—I can hardly say whether it was passed to me for a valuable consideration—I anticipated to be repaid a portion out of the proceeds of the bill when recovered—I did not understand that the bill belonged to the Caledonian Loan Society—I understood that it was a bill belonging to the society—I do not think I parted with it till the spring of 1847—I do not like to lend my name to bring actions, but I believe very few persons in business can do otherwise occasionally—I do it with reluctance—the prisoner came daily to my warehouse—the hours of business and from nine to eight, but when he first engaged in this society he spoke to me about it, and I gave him some latitude—I have a son in my employment as clerk, and I think six other persons—the endorsement was on this bill when I received it.
Cross-examined. Q. Were these figures on the back when you received it? A. Yes—I had possession of it before it got into Mr. Pritchard's hands—in March, 1846, I employed Barrett to paint and repair my house in Queen-street, Golden-square—I have his bill here—I have seen him write I think twice, at least I can only say once—when he had some money in advance I took a receipt from him, and when he finished the work I took a receipt for the balance—I cannot safely swear that I saw him write that receipt, although I think I did—I should believe that the same person wrote the acceptance to this bill, who wrote my receipts—I believe it to be Barrett's writing—I remember Burnell calling at my warehouse in Warwick-street, about Dec. last—I never saw Barrett with him—the bill was shown to Burnell—he called at my warehouse ten or twelve times—he did not see the bill each time—I think it was only seen once with me—that might have been in Nov. or Dec., last year—Burnell promised that the money should be paid—he appointed to come on another day, in consequence of which Mr. Pritchard attended at my warehouse with the lease and the bill—the prisoner had also been in my father's employment—I would trust my life in his hands, or any unknown or known sums.
MR. PARRY. Q. Is the action that you have brought on the bill still pending? A. I am not aware whether it is on not—I instructed Mr. Pritchard to sue on the bill.
COURT. Q. Had you advanced money to the prisoner in aid of the objects of this society as his contribution to any fund of the society? A. No, nothing specific—he borrowed the money at the time he belonged to
the society—I understood from him that there were other parties besides himself engaged in that society, and that he was a partner up to a certain period.
WILLIAM JESSOP. I am one of the treasurers of the Caledonian Loan Society. Mr. M'Gregor was treasurer before me; when he left he gave the whole of the bills and securities to me and Mr. James Wadsworth—I took them home and examined them—I had been connected with the society before—Mr. M'Gregor generally drew bills when the society required security—there was no one else specified to do so—I have done so as treasurer; it is now part of my duty—the prisoner was secretary—I handed these bills to him on the very night M'Gregor gave them up—he saw me examine them—they were only one night in my keeping—I did not examine them till I got to Mr. Wadsworth's with them—I then examined them one by one—I cannot say how many there were—I gave all that I examined to Mr. Wadsworth.
Cross-examined. Q. Was this bill among the documents M'Gregor gave you? A. I think it is not the same bill—I cannot swear to it, it is so long ago—this is Barrett's writing, and this is Wadsworth's—I have not the slightest doubt that this is Barrett's writing—I have seen his writing often—when Wadsworth drew the bill I believe M'Gregor was making use of the society's money for his own purposes—I did not see him draw it—it was not arranged that he should do so—there was no person specified—I was not aware he had drawn the bill till after these bills were given up—I then learned it from Mr. Wadsworth—he is still the secretary—I have known him three or four years—he has borne the character of a trustworthy, honest man—I represent 1200l. in this society—that is the actual amount of money I introduced myself, or from other resources—the bill was due on the 15th Dec.—Barrett came to the office in Charles-street on the following Saturday, to state that he could not take up the bill, and begged I would not put him to the expense of a new stamp—he had accepted two other bills—there was only one for 300l., to my knowledge—the bill was due on 15th Dec.—if it had been a four months' bill it would not have been due till 15th Jan.
MR. PARRY. Q. Will you undertake to say that he did not come in Jan.? A. He did come several times in Jan., but he had acknowledged the bill before that—I cannot say that he did not call at the office in Jan., 1847—he repeatedly afterwards acknowledged his liability—I never showed him that bill—I do not think I ever saw this bill before that day—if I come to tell the truth, on second thoughts, I think this bill was not among those that I handed over to Wadsworth—I will not undertake to swear it was not—I examined the bills one by one, but not so minutely as all that at the time—I merely looked at the bills to see the amounts—I did not examine them particularly—I could almost swear that this is not the bill that I saw in the box which I handed over to Wadsworth—any representation that I heard about Wads-worth's drawing the bill was from him—it was after the bills had been handed over to him.
COURT. Q. Look at the bill again; notwithstanding what you have recently stated, have you or not any doubt that that acceptance is the handwriting of William Barrett? A. It is very like Barrett's writing—it appears that there must be two bills.
(MR. SERJEANT WILKINS wished Burnell called; MR. PARRY not desiring to call him, the COURT directed him to be put into the box.)
clerk to Mr. William Brissett Davis, solicitor. He lives over the water—his offices are in London-street, Fitzroy-square—I do not know where it is that he lives—I know the house—I do not know the name of the street—it is in Camberwell—I have been there once—I lodge in London-street, where the office is—I rent apartments there—the business is not carried on in my apartments, it is carried on in Mr. Davis's office—Mr. Davis pays the rent of the office—I have seen him pay it—he pays 28l. a year—my name is up on a brass plate, not on the door, but on the side of the door-post—I am a house-agent as well—Mr. Davis's name is not there, not on the door, or on the office, but his certificate is there, and all the business is carried on there—he comes to the office sometimes once a week, sometimes once a fortnight, and sometimes two or three days a week—he is not away a month at a time, nor yet more than a week—I have been transported for seven years—it was for practising as an attorney not being on the rolls—I have carried on business as an attorney's clerk for twenty-five years—before I was with Mr. Davis I was clerk to Mr. Currie—it was a man named Spencer that ought to have been transported—he ought to have come into Court and acknowledged me as his clerk—Mr. Davis is here—I did not send for him—he was here yesterday—I cannot say how many cases we have had in our office in the last month—there may be twenty of thirty in the office at present—I last saw Mr. Davis at the office about three weeks ago—I was not transported for representing myself as an attorney when I was not so—I was tried at Clerkenwell, before Mr. Const, the chairman—Mr. Bodkin was counsel against me, and Mr. Alley was for me—it was well known in the profession that I was Mr. Spencer's clerk, and had been so for many years—I pleased guilty then and there, not knowing that I had done wrong, but because I had issued a writ—I get 30s. a week from Mr. Davis—that is paid me regularly—that is all I get—I do not pay Mr. Davis 30s. a week, nor anything—I get no profit out of the cases.
COURT. Q. Has Mr. Davis been consulted upon any of the stages of these proceedings? A. He has—one day, at Serjeant's-inn, I spoke to him; but these criminal prosecutions he generally leaves to me—he saw the prosecutor and witnesses at the Judge's-chambers on one occasion—he did not receive instructions in this case, but they engaged him, and I had the engagement—(producing it.)
MR. SERJEANT WILKINS. Q. I believe, in order to get the expenses, it is necessary to produce such a document as this, is it not? A. I do not know—I am employed by the most respectable parties—I do not know what expenses mean—I called on the prisoner at Mr. Stones' on one occasion—I called several times—I saw the bill in Mr. Stones' hands—I had seen it before—I did not tell Mr. Stones that the bill was correct, and that it would be paid—I told Mr. Stones that if he would give me a copy of it I would arrange it in two or three days—I did not after that call again on the prisoner at Mr. Stones' warehouse, and appoint Wednesday, 22nd, at half-past one o'clock, to pay the 300l. for the bill—I made an appointment to meet Mr. Pritchard there on that day—I met Mr. Pritchard there, according to that appointment—he did not produce the leases and the bill if exchange—he took something out of his pocket, and I asked him for the 300l. bill at four months' date—he laughed, and said, "Pooh, pooh, there is only one bill; this is the bill"—I said, "No, sir"—I wanted to find out where the other bill was, and that was my reason for marking the appointment—I remember calling on Mr. Pritchard on 16th Nov.—he showed me the bill, and three other promissory notes—I compared
the writing very attentively—I did not, after comparing them, say that, beyond all question, it was Barrett's acceptance, and that the money must be paid.
MR. PARRY. Q. How long ago is it that you appeared at the Middlesex Sessions? A. Twenty years ago within one.
COURT to MR. STONES. Q. Did you hear what Burnell has just stated? A. I did—he told me, speaking of the bill when he saw it in my possession, that it was a good bill, and would be paid, and I have a witness in waiting who was present, as I was fearful of speaking alone to the individual.
NOT GUILTY —the Jury expressing their belief that the acceptance was Barrett's own writing.
ROBERT STEVENS (policeman, N 269.) On Sunday morning, 13th Feb., between one and two o'clock, I was on duty at Enfield-highway, passing Mr. Webb's, and saw the prisoner in the yard—he concealed himself behind the yard door—I asked what he did there—he said he went there to make water; he seemed very confused—I went behind the door and found a can, containing four or five quarts of beer—I asked whose it was—he said it was his—I asked where he got it—he said that was his business—I said if he refused to tell me I should take him to the inspector—he said he would be d—d if he left his beer—I got another constable—we found the cellar-flap open, and called Mr. Webb up—on the way to the station, the prisoner said, "If you had gone the other way you would not have seen me; but the other one told me to come this way"—the liquor appeared like beer and porter mixed—there were barrels of beer and porter in the cellar with taps in them.
GEORGE WEBB. I keep the Gardeners' Arms, Enfield-highway, in the parish of Enfield. The prisoner has been at my house—on Saturday, 12th Feb., I went to bed at half-past eleven o'clock—I fastened the cellar-flap with a wooden bar, let into the brick-work—the cellar is part of my house—after I had been in bed some time, I was awoke by stones being thrown up at the window—I made no answer—I heard two people talking outside—one said, "I will throw once more, and if they don't answer we shall be all right"—I then heard footsteps go towards the cellar-flap—in a few minutes I heard a rumbling noise—I heard nothing more—I was afterwards awoke by the police—great force must have been used to undo the cellar-flap—I had a barrel of beer and a barrel of porter in the cellar—I tasted the liquor found, it was beer and porter mixed.
Prisoner's Defence. I was not where the policeman says I was, in front of the house, nor near the beer; I do not know where it came from; he held it up to me twice while I drank of it.
ROBERT STEVENS re-examined. He said it was his beer, and I thought it was till I inquired—I let him drink of it, but not after I found the flap broken open—the bolt was swinging to it—the flap must have been raised at one end, and a hand put in to get at the bar—that could not be done by one person.
NEW COURT.—February 29th, 1848.
Before Mr. Common Serjeant, and the Sixth Jury.
NEED pleaded GUILTY. Aged 14.— Confined Four Months.
FARRAWAY pleaded GUILTY. Aged 17.— Confined Six Months.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor.— Confined Three Months.
GUILTY. Aged 19.— Confined Six Months.
GUILTY. Aged 35.— Transported for Seven Years.
GUILTY. Aged 24.— Confined Three Months.
MESSRS. CLARKSON and BALDWIN conducted the Prosecution.
GEORGE TEAKLE (police-sergeant, H 8.) On 1st Jan. I went with Mr. Staples to the prisoner's house, 18, Daniel-street, Bethnal-green-road—I found his wife there—they occupy the whole house—I found five wineglasses, one decanter, one sugar-basin, four plates, seven towels, one bottle half-full of wine, and thirty-seven duplicates (produced)—I took them to Mr. Staples—his name is on five of the towels—I place them on a table—the prisoner was called in, and I said, "These were found at your house; you are not bound to answer any questions, unless you like; how did these things come in your house? they are claimed by your employer"—he said nothing, and was given in charge—I examined a drawer by the side of his bed—be began to cry, and begged Mr. Staples to forgive him, and said distress drove him to it—some of the duplicates were for things pawned at Mr. Coxhead's.
Cross-examined by MR. MILLS. Q. Who was at home? A. His wife, and two or three children—she said her name was Smith—these wine-glasses were on the sideboard—they are not marked—they were seized by Mr. Staples—I told the prisoner he was not bound to answer any questions—the duplicates were in a pocket-book, which was in a box or basket.
is on them—there plates, and wine-glasses, and sugar-basin are ours—I have heard what the officer has stated—it is correct.
Cross-examined. Q. How long had the prisoner been in your service? A. About five years—we were satisfied as to his honesty—ours is a large concern—we have articles of great value about—we never allow the persons in our employ perquisites of broken victuals.
Cross-examined. Q. Have you been in the habit of going to the hotel to him? A. Not often—I have gone to take him clean things, and have, from time to time, brought broken victuals back, wrapped up—I have sometimes taken back to the hotel the towels I used—I saw they were Mr. Staples's.
MR. BALDWIN. Q. What have you taken? A. Broken victuals, and bottles with something in them, which I supposed was wine—I think I have taken twenty bottled back.
(The prisoner received a good character.)
GUILTY. Aged 30.— Confined One Year.
JOHN POLLEN. I am a hosier, at 36 and 37 Aldgate—I have one partner. On 12th Feb., between nine and ten o'clock in the evening, the prisoners came to the shop—Lee undid four pairs of stockings, which were tied to as iron rod outside, and gave them to Davis—they went away—I sent my young man to follow them—they got to the next door—I saw Davis throw down the stockings—I picked them up, brought the prisoners into the shop, and gave them in charge—Lee went on her knees and implored me to forgive her.
Lee. Q. Were not we both very tipsy? A. No.
LEE— GUILTY.* Aged 21.— Confined One Year.
DAVIS— GUILTY.** Aged 23.— Transported for Seven Years.
GUILTY. Aged. 28.— Confined Six Months.
MESSRS. BODKIN and BALDWIN conducted the Prosecution.
SARAH CLAYSON. I am a widow, and live in Dunning's-place, Bishopsgate. On the afternoon of 10th Feb. the prisoner came to my place—he bought a gown, and gave me a half-crown—I had not change—I went to Mr. Malpas with the same half-crown—he broke it in two—I went to the prisoner, he said I had spoiled the half-crown, and he would not give me back the gown—I sent for a policeman—he took the prisoner, and the same half-crown.
GEORGE PETTIT (City-policeman, 641.) In the afternoon of 10th Feb. the prisoner was given in my charge, close by Mr. Malpas's shop—I received from Mrs. Clayson the broken half-crown—I asked the prisoner whether he had got any more money—he said, "Yes, I have another half-crown"—I said, "Allow me to look at it," which he did—it was in a purse—I said, "This is bad also, I must take you to the station"—I asked him
where he got the money—he said he did not know—he afterwards said he had taken them both from a gentleman and lady, for oranges.
GUILTY. Aged 40.— Confined Six Months.
MESSRS. BODKIN and BALDWIN conducted the Prosecution.
FANNY STOWELL. I am servant to Mr. Tayler, who keeps a chandler's-shop, in Castle-street, Leicester-square. The prisoner came on 27th Jan., about a quarter past nine o'clock at night, and asked for a half-quartern loaf—it came to 3 3/4d.—she put down a shilling—I took it up, saw it was bad, and gave it to my master.
GEORGE TAYLOR. I received the shilling from Stowell—I asked the prisoner where she got it from—she said she earned it—I asked where she lived—she said at the bottom of the street—I told her I thought she got her living in that way, and if I saw her again doing anything of the kind I should give her into custody—she said she had no more money—she went away, and I saw a man join her down the street—I followed them down several streets to Bedford-street—the man then left her, and I saw her go into Mr. Tivie's shop—I saw Mr. Tivie holding up a shilling—I went in—he gave it me—it was bad—I got an officer and gave the prisoner in charge with the shilling she offered in my shop, and the one offered at Mr. Tivie's.
GEORGE TIVIE. I am a baker, at Bedford-street. The prisoner came to my house, about half-past nine o'clock in 27th Jan.—she asked for a halfquartern loaf, and put down a shilling—Mr. Taylor came in, I gave it him—an officer was sent fro, and the prisoner was given in charge.
GEORGE HARRISON (policeman, F 120.) I was sent for to Mr. Tivie's, and received these two shillings—the prisoner was searched at the station—no other money was found on her—she said she lived at 27, Great Queen-street—I went, and found it was false.
GUILTY. Aged 27.— Confined Six Months.
MESSRS. BODKIN and BALDWIN conducted the Prosecution.
CHARLOTTE NEWTON. My husband is a tobacconist, at Old-street-road. On 26th Feb., the prisoner came for a quarter of an ounce of tobacco—it came to three farthings—he offered me a bad shilling—I told him it was bad—he said he did not know it—I kept it, and told him I would send for an officer—he took another shilling from his pocket, and dropped it in the shop—the officer came, and picked up the same shilling—I examined it, and it was bad—I gave up the shilling I had taken.
DANIEL MULCAHEY (policeman, N 436.) I was sent for, and took up this shilling from the floor, about a yard from the prisoner—this other shilling I received from Mrs. Newton—I searched the prisoner in the shop, and found on him, 2s. in good silver, and 10 3/4d. in copper.
GUILTY. Aged 24.— Confined Six Months.
MESSRS. BODKIN and BALDWIN conducted the Prosecution.
JOHN M'HARDY. I keep the Phœnix Tavern, in Stacey-street, St. Giles'. On 17th Feb., the prisoners came with another person—Thomas asked for half-a-quartern of gin—she gave me a shilling—I put it into the till—there was no other shilling there—I gave her 10d. change—they drank the gin, and went away—my wife afterwards went to the till, and called my attention to the shilling—there was only that one there then—I looked at it; it was bad—I put it on the mantelpiece, apart from other coin—it was not touched after that till it was given to the officer.
Thomas. I was not there, I was on the other side of Paddington. Witness. I am satisfied she is the same person—both the prisoners came again on the following evening—I knew them again.
MARGARET M'HARDY. I am the wife of John M'Hardy. On Friday, 18th Feb., the prisoners came to our house together, Bray asked for half a quartern of gin—she paid me a shilling—I went to the till and gave her 10d.—I kept the shilling in my hand, scratched it, and sent for a policeman—on the 17th, I went to the till and found only this one shilling in it, which was bad—I showed it to my husband—it was put on the mantelpiece and not removed till the 18th, when the prisoners came in—I gave both the shillings to the officer.
HENRY MIRVIN (policeman, T 139.) On 18th Feb. I took both the prisoners, at the Phœnix—I received these two shillings—the prisoners were afterwards searched; a sixpence and five pence in copper was found on one, and a sixpence and three pence in copper on the other—they gave their addresses—I inquired and found they were false.
Bray's Defence. The shilling is not the one I gave her, she put it into the till before she went away; she came back and took it out; she never told me it was bad till the policeman came in; on the 17th, I was at Maryle bone workhouse from nine o'clock in the morning till seven in the evening.
THOMAS— GUILTY. ** Aged 25.— Confined One Year.
BRAY— GUILTY.† Aged 28.— Confined Nine Months.
MESSRS. BODKIN and BALDWIN conducted the Prosecution.
FANNY THOMPSON. My father keeps a public-house in High-street, Wapping. On Thursday, 10th Feb., the prisoner came for a pennyworth of gin—I served him—he gave me a sixpence, I put it into the till—there was no other sixpence there—I gave him change, and he went away—my sister came into the bar before any other customer was served, went to the till, took out the sixpence, showed it to me, and it was bad—she gave it to my father—on the Saturday morning the prisoner came again, and was taken into custody—I am sure he is the same man.
MARTHA THOMPSON. On Thursday morning, 10th Feb., I went to my father's till, and found a sixpence—there was no other sixpence there—I gave it to my father—on the Saturday the prisoner came and laid down a sixpence—I found it was bad, and gave it to my father—he gave the prisoner in charge with the sixpence.
it to Shain the officer—on Saturday, 12th Feb., my daughter Martha gave me another bad sixpence—I marked it and gave it to the officer—I told the prisoner I had been waiting for him a day or two, I had taken several bad sixpences, and suspected he had been the party who passed them—he said he had never been in the neighbourhood since he was two years old, and had taken the sixpence that he passed on the Saturday at the theatre the night before.
JOSEPH SHAIN (Thames policeman, 40.) I received these two sixpences from Mr. Thompson—I took the prisoner on the Saturday—I found on him one halfpenny—I asked him how he got the sixpence—he said he took it in change at the Victoria theatre.
Prisoner's Defence. I took the sixpence in the Victoria on the Friday night; I had never been in the public-house before that Saturday morning.
GUILTY. Aged 22.— Confined Six Months.
MESSRS. BODKIN and BALDWIN conducted the Prosecution.
MAT COX. My husband keeps a grocer's shop in Horseferry-road. On Thursday, 17th Feb., the prisoner came and asked for half a quartern of sugar—it came to three farthings—he gave me sixpence—I examined it, bent it, and told him it was bad—he said he could not take the sugar, and I said he should not take the sixpence either—he said a gentleman gave it him for holding his horse—I kept it, and said if he did not go away I would send for a policeman—he went away, and I placed the sixpence on the parlour mantel-piece—I afterwards gave it to Cousins, the officer—I am sure it was the same I had from the prisoner.
RICHARD COUSINS (policeman, B 30.) On 17th Feb. Mrs. Cox described the prisoner to me—I took her to the station—she saw the prisoner there and identified him—I produce the sixpence I received from Mrs. Cox.
JOHN ROBERT ALEXANDER FIELD. I live with Mr. Gold, an oilman, in York-street, Westminster. About eight o'clock at night, on 17th Feb., the prisoner came to the shop for a halfpenny candle—he put down a shilling—I examined it, bit it, and called my master—he asked the prisoner where he got it—he said from a gentleman for holding a horse for about three hours—the shilling was bad—my master kept it and let the prisoner go—I followed him—I saw a policeman and told him—the prisoner ran up Snow's-rents—I ran after him and caught him.
THOMAS GOLD. The prisoner came to my shop for a halfpenny candle—he gave a shilling which sounded bad—I walked round to my boy—he had bent the shilling and held it in his hand—I asked the prisoner how he got it—he said a gentleman gave it him for holding his horse—I said the gentleman paid him very liberally, but had made a bad job of it, and he had better be off—he went—I told my boy to follow him—he went and brought him back—I gave the officer the same shilling.
Prisoner's Defence. I had the shilling given me; I did not know it was bad.
GUILTY. Aged 16.— Confined Six Months.
JANE MERCY HARDING. My husband keeps a grocer's shop, in New Gravel-lane. On 2nd Feb. the prisoner came for a pennyworth of oatmeal, and some other things, which came to 4 1/2d.—he put down a half-crown, which looked very black—I gave him the goods and change, and put the half—crown into the till—I cannot say whether there were any other half-crowns there—directly the prisoner left I went to the till—I had not been to it for any other purpose—I could not say whether there was any other half-crown, but I found one black-looking one where I had laid it—I took it out, examined it more particularly, and found it was bad—I am sure I took out the same half-crown that I had put in—on the following day the prisoner came again—he asked for some more things, which came to 3 1/2d.—I recollected him—he put down a bad half-crown—I weighed the things—I then put the things before him, took up the half-crown with one hand, and took hold of the prisoner with the other, and said, "You gave me a bad half-crown last evening, and this is another"—he said I need not hold him, he would not go away—I let him go—a policeman came in about five minutes—I gave him the half-crowns, and said the prisoner had passed one the night before—he said to the policeman, "You see they put it in the till, and now they can't find it"—I was in a flurry when I told him about what and happened the night before—he said the half-crown could not be indentified.
Prisoner. Q. How many half-crowns did you pull out and show you husband, and ask which was the half-crown? A. I do not know that I pulled out any.
CHARLES PILCHER (policeman, K 190.) On 3rd Feb. I took the prisoner—Mr. Harding gave me this half-crown first—the prisoner said he took it at Billingsgate for his work—Mr. Harding was searching in his pockets for a half-crown—Mrs. Harding went to the till and took it out directly, and said that was the one she took of the prisoner the night before—this is it—I took the prisoner to the station—he said he never was in the shop in his life before.
Prisoner. Q. How many half-crowns did she pull out? A. Mr. Harding took them out of his own pocket—she only took this one out of the till.
GUILTY. Aged 36.— Confined Six Months.
HENRY CLARK (policeman, T109.) I was sent for to the workhouse, and saw Bryant—I found this pot tied to her apron string—she said it was given her by M'Donough—I asked him if he gave it her—he said yes, he picked it up in the street at Uxbridge.
M'Donough. I saw the pot on the pavement; I took it up, and asked a man who was the owner' he said he did not know; I took it home, and asked Brayne to hold it while I went out.
Prisoner. Q. What did I say to you? A. You said they belonged to M'Donough; that he gave them you to mind—he owned them.
ELIZABETH LYWOOD. I am a window, and live in Eastcheap. On Monday, 7th Feb., I saw a watch, a ring, a seal, a key, and a locket, safe in my drawer, at half-past three o'clock—the prisoner came to me that day, and was in my house till eleven at night—he was servant to me about nine years ago—I left the room to go up stairs while he was there—I missed the watch about six—there was no one there but the prisoner, that I am aware of—I sent him out on several errands from four till six—I asked him about these things when I missed them—he said he knew nothing of any of the property, but he would endeavour to get information—he came to me on the Saturday, and told me had traced the watch to a pawnbroker in Holborn—I accompanied him there, and I identified the watch—the pawnbroker said he had taken it in of a woman whom he knew nothing of, but he afterwards said he knew her—I redeemed it on the following Wednesday, for a sovereign—he had lent 50s. on it—the policeman took me to a pawnbroker in Clare-market, last week—I identified a locket, which was mine.
Prisoner. Q. What money did you offer me? A. None—I trusted you with the whole of my money, when I kept the white Bear, while I was ill.
EMILY WILSON. I live at 20, New Church-court, Strand. The prisoner came to me on a Tuesday morning, in Feb., and asked me to lend him a shilling—I said how was I to get what I had lent him—he said he would being his watch and pawn it—I said if he did I would lend him half-a-crown—he brought me a watch, and said if I would pawn it I should get more than he; that it was left him by his uncle, who left him 50l. a year for life—I went, and he went with me—I gave him the money.
Prisoner. I told the man who was with you, and you, that I had made it all right except the ring; I said Tom, had taken the ring, and then you said you would give me in charge, and said you would say I gave you the watch to sleep with you all night. Witness. It is quite false.
ANN LEDBBOOK. I lodge with Emily Wilson. On a Tuesday the prisoner came and asked her to lend him a shilling, and then half-a-crown—he said he would bring his watch to pawn—he brought it, and they went away—on the next Thursday he give me a locket, which was pawned.
WILLIAM TURNER (City policeman, 449.) I went to Mr. King's the pawnbroker, in Holborn, and afterwards took the prisoner—the prosecutrix had taken the watch out before I went—the prisoner said, "I was the first to give information of the robbery; I shall expect the reward."
Prisoner. Q. Was it not said that the watch was brought by Thomas Wilson? A. No.
Prisoner's Defence. I called on her on Monday afternoon; I saw Thomas Wilson, who has lived with her; be went with me, and then he left me, and was gone ten minutes, or a quarter of an hour; an went in; the prosecutrix sent me for some spring water; she then missed the watch, and asked me about it; I was searched, but nothing found; Wilson confessed to me that he took the watch and other things to Mr. Collins's public-house in Chancery-lane.
Prisoner. Q. Was not Thomas taken with me, and taken to the station? A. He came to the station to know how the case was going on—he was detained, but liberated next morning by the Lord Mayor.
GUILTY .Aged 32.—Recommended to mercy by the Prosecutrix.— Confined One year.
BENJAMIN GOLDSTONE I live in Adam-street, Bryanston-square. On the night of 15th Feb. I was in Union-court, Holborn, talking to a girl—the prisoner came up and snatched my watch from my fob, and they both ran off—I pursued them across the road—they then went different ways—I followed the prisoner—I never lost sight of her—I gave her into custody—my watch has not been found.
GEORGE TINDALL (City policeman, 724) At a quarter-past eleven o'clock I heard a cry of "Police!"—I saw the prisoner run across Holborn, and Gold-stone after her—there were four or five woman running—the prisoner was given in charge—she had no watch—the prosecutor had had a little to drink.
Prisoner's Defence. I was going to a doctor's for my sister, who was taken ill; Goldstone was calling "Police!" there were several men and woman running; I ran to see what it was, and was taken.
HENRY COOK. I live in lreland-yard, Blackfriars. I know the prisoner—I was standing at the bottom of Clarke's-entry, the prisoner came and showed me three brass turrets turrets—he was going to sell them—I told him they were mr. Richmond's—he said they were not—he went to a marinestore shop, came out again, and said they did not offer him enough for them.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.— Confined One Month.
ANN LANGLEY. I am the wife of George Langley—we keep a beer-shop at Hayes. On 2nd Feb., the prisoner came to our shop—he asked for a knife, and had some bread and cheese—I heard a noise, and saw the prisoner coming out, with the knife in one hand, and this piece of bacon under his frock—he had no business with it—it is my husband's—it had been hanging up.
Prisoner. It was on a stool in the corner of the tap-room.
GUILTY. Aged 21.— Confined One Month.
ALFRED EASTERBY. At a quarter before eight o'clock that morning, I was going up Lawrence-lane—I saw the prisoner and another boy, who went into the warehouse, came out with two pairs of boots, and gave them to the prisoner, and they walked away.
Cross-examined by MR. HORRY. Q. The prisoner remained outside? A. Yes.
Cross-examined. Q. They were some distance before you? A. A few yards—I did not see the other boy speak to the prisoner—the prisoner afterwards said the other boy asked him to sell a pair of boots.
GUILTY.* Aged 17.— Confined Six Months.
GUILTY. Aged 37.—Recommended to mercy.— Confined Six Months.
GUILTY. Aged 19.— Confined Three Months.
GUILTY. Aged 17.— Confined Three Months.
GUILTY. Aged 58.— Confined Three Months.
GUILTY. Aged 30.— Confined Six Months.
EDWARD RICHARD PARKER. I am servant to Mr. Henry Gentry; he lives at St. Sepulchre. On 24th Feb., I saw some ham safe at one o'clock, and missed it a few minutes afterwards—I followed the prisoner till he got outside our door, stopped him, and told him he had got a piece of ham that did not belong to him—he said he had not got it, and he threw it into the next house—it was picked up in my presence, and was my master's.
Prisoner. Q. Was not I in the shop when you stopped me? A. No; just outside the door.
Prisoner's Defence. I went for some butter, and he accused me of taking the ham; I was not out of the shop.
(The prisoner received a good character.)
GUILTY. Aged 39.— Confined Two Months.
OLD COURT.—Wednesday, March 1st, 1848.
Before Edward Bullock, Esq. and the First Jury.
783. ELLEN BRYAN , stealing 1 gown, 2 brooches, and other articles, value 2l. 11s.; and 2l. 8s. in money; the property of Mary Levy: also 3 shawls, and other articles, value 4l. 3s.; and 13s. 8d.; the property of Samuel Levy, her master, in his dwelling-house; to which she pleaded
GUILTY. Aged 20— Confined Twelve Months.
JOHN GRAHAM. I keep a coffee-house in Houndsditch—it is my dwelling-house. On 8th Feb., about half-past one o'clock, I missed a cash-box, containing 25l. in gold, from my bed-roomm—I had seen it safe the day before—the prisoner and three others were in the back room first floor, from twelve till about twenty minutes to two o'clock—I saw him leave not ten minutes before I missed the box—people who came had access to that room—I saw no one else there—the bed-room is on the same floor—there is a landing between the rooms and a water-closet, into which I saw two or three of them go—I informed the police, and went to a house in Bethnal-green, and saw one of the men—he ran away, and I have not seen him since—one of the men, not the prisoner, gave me a sovereign that evening—my wife got change for it, and I took it to them—they did not stay ten minutes after that.
Cross-examined by MR. PAYNE. Q. Did not Winderbank go into the room? A. Yes—he did not stop—my servant was there, and brought down orders—the men were playing at bagatelle—I am sure the prisoner was one of them—I did not swear to two men at Bethnal-green—I do not believe I said I saw two.
did not go up—my husband came down for change—I went to the cash-box, which was in a drawer in my room, with twenty-three sovereigns and four half-sovereigns in it—I put it into the drawer, locked the drawer, and left the key in it—I fastened the bed-room door, and took the key with me—the men left five or ten minutes afterwards—I could see the stairs where I stood—no one went up between my leaving the door locked and the men going—I missed the box in ten minutes—the door was still locked—I alarmed my husband—the men had been in that room three weeks before, and one of them opened my bed-room door, and came in a little way—I believe the prisoner to be the man, but cannot swear to him—they have been to the house five times.
Cross-examined. Q. Is there not a stove at the staircase? A. Yes, but I could see the stairs—ours is a coffee-ship and public-house—a great many people frequent it—travellers lodge there.
WILLIAM WINDERBANK. I have lodged at Mr. Graham's for a year and a half. I went in, and saw the prisoner and three men talking and drinking—they said, "Let us make another game"—I went down, and was sitting in the parlour at dinner, facing the stairs—no one went up.
Cross-examined. Q. You have not found the box? A. No—I was not in my police dress, but he knew me before.
Before Mr. Justice Coltman.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOHN FORBES. I am messenger at the General Post-office. On the morning of 1st Feb., about nine o'clock, I was on duty in the Inland-office—the prisoner was employed there, sorting letters to go by the morning mail—he sat at a table—I saw a letter on his left side—he threw his handkerchief over it, and then put the handkerchief into his right trowsers pocket—there was no letter then—I went round the office, returned in about half an hour, and saw him put another letter under his left arm, which was along the edge of the table, not toughing it—after he had sorted all the letters in his left hand, he pushed the letter out of sight, under some French newspapers—he then put his hand under the newspapers, moved it, drew it out, and put it into his left breeches pocket—I could not see anything in his hand—I told the president on duty.
Cross-examined by MR. WILDE. Q. Does each sorter sit at a separate desk? A. At a long desk, about three feet high, with a beading down the middle, to sort the letters against—they sit on both sides—I can see them from any part of the office—I was twelve or fourteen yards from the prisoner—I have been in the Post-office fifteen years—the newspapers were ten inches square—he was sorting them with the letters—he is generally two hours sorting—I saw the seal and the date-stamp of the last letter.
MR. CLARKSON. Q. Were you on a level with or above the prisoner? A. Rather above him—I looked down on him—if a letter was posted at five o'clock it would be delivered next morning, and would bear next morning's stamp—it appears to have been posted at Barnsbury-park, Islington.
GEORGE WILLIAM GRAHAM. On 1st Feb., at a quarter past nine o'clock in the morning, I was on duty as president at the Post-office—Forbes told me something, and sent for the prisoner into the superintendent's room, and said, "Mr. Eagle, it has been intimated to me that you have letters secreted about your person; is it so?"—he gave no answer, but shook his head—I said, "have you any objection to be searched?"—shook his head again, and murmured, "No,—Peak, who was there, searched him, and took a letter from his left trowsers pocket, and another from the right—I put my initials on both—on was addressed to Mr. Wheatley—these letters would come to his hand in the course of business that day—he was sorter of the South western Railway letters—if a letter had been put in overnight at Barnsbury-park it would bear the impression this letter to Mrs. Wheatley bear, and would be in the division he was sorting.
MATTHEW PEAK. I am a constable of the General Post-office. I went into the room with the prisoner—I searched him, and found this letter addressed to Mrs. Wheatley, in his left-hand trowsers' pocket, the seal was not broken—in his right hand pocket I found another letter, wrapped up in as old handkerchief—I asked him where he got them—he said he did not know—I asked where he lived—he said, "John-street, Holland-street, Blackfriars" and said, "Are you going there?"—I said, "Yes—he said "You will be as gentle as you can with my wife, for I am guilty"—he was taken before a Magistrate, who desired me to open Mrs. Wheatley's letter—it contained a half-sovereign and shilling—I felt the coin before I open it—after the first examination, the prisoner made a statement, which he signed, and the Magistrate also—this is it—(read—"the prisoner says,'I have never taken anything from the office before; I admit taking these two letters this morning, and God knows what possessed me to do it; I sincerely regret it.'")
MARY TOOGOOD. I am in the service of Mr. Hunt, of Belithavillas, Barnsbury-park. On 31st Jan. I sent the letter produced to Mrs. Wheatley, my sister, at Tolpuddle, near Melbourne, Dorset, addressed as it is now—I posted it in Barnsboury-park, at a quarter to five, after post time.
GUILTY. Aged 32.— Transported for Ten Years.
Before Mr. Justice Erle
786. RECHARD STEELE , stealing, whilst employed in the Post-office, a certain post letter, contained one sovereign, the property of Her Majesty's Postmaster-general:—other Counts, for embezzling and secreting the same.
MESSRS. CLARKSON and BODKIN conducted the prosecution.
WALTER ROBINSON SOUTHORPE. I am one of the presidents of the London district in the Post-office. The prisoner has been employed there some years as clerk at the Hampton divison, and received a salary of 110l. a year—a letter addressed to a person at Bettersca-field would go to the Hampton division—on 17th Feb., in consequence of something that reached me, I spoke to the prisoner as he was leaving the office—he had hold of the handle of the door leading to the water-closets—I said, "oh, you have not signed in the right place this morning"—he said, "I will attend to that when I come up"—I said, "No; attend to it at once"—he then returned, and walked into the signing-room, close to the president's room—I opened the door of the president's room, and said, "Step in"—I took him into the room, and said, "I suspect you have got a letter in your pocket"—he made no answer—I said, "Then you have a letter in your pocket; give it to me"—he
put his hand into his frock coat pocket, and took out this letter, sealed—it had the appearance of containing money—I said, "What were you going to do with it?"—he said, "I was going to deliver it"—I said, "Are you a letter-carrier?"—he said, "No"—I said, "You have stole it"—he made no answer—the officer was sent for, and he was given into custody—the letter was afterwards opened at Bow-street in his presence, and it contained a sovereign—it was not his duty to interfere with letters for the purpose of delivery, or for any purpose whatever out of the room—the letter bears the stamp of the Post-office, but it is very faint—it finishes with "sell," which would be part of the word "Walsall"—the date is the 17th—a letter posted the day before at Walsall, would come to the Post-office that morning.
Cross-examined by MR. WILDE. Q. There are three sorters, are there not? A. Yes—the sorters have no business with the delivery—it would be a fault to have a letter in their possession—the prisoner has been eight years in the Post-office.
RICHARD BAKBER. I live at New-street, Battersea-fields. On 17th Feb. Mrs. Barber was staying at Walsall, in Staffordshire—this letter is in her writing, and is addressed to me—I opened it before the Magistrate by his direction, and it contained a sovereign.
ANN LONGSTER BARBER. I wrote this letter from Walsall on 16th Feb., and addressed it to my husband—I put a sovereign in it, sealed it, and put it in the Post-office at Walsall myself on 16th—(The letter was addressed to Mr. Richard Barber, Queen's Arms, New-street, Bttersea, London.)
MR. WILDE to MR. SCULTHORPE. Q. Have you not known instances where sorters have neglected to sort the letters properly, that they have delivered them themselves? A. Certainly not; it is contrary to the regulations of the office—I do not know of one instance in particular where a sorter took a cab for the express purpose of delivering it.
(John Henley Sheridan gave the prisoner a good character.)
GUILTY. Aged 25.— Transported for Twelve Years.
Before Mr. Justice Coltman.
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 Eliza Ridley at this Court, in the June Sessions, 1847—I have examined it with the original record, it is a true copy (read.)
SOPHIA VYER. I am the wife of Frederick Vyer, a tobacconist of New-road, St. George's-in-the-East. On 2nd Feb. the prisoner came and asked for a half-ounce of tobacco, and threw down a crown-piece—I did not approve of the look of it, but it sounded well, and I took it, and gave her 4s. 10 1/2d. change—before she left I bit the crown and found it very soft—I turned the counter to follow her—a neighbour stood at the door, I asked him about it—the prisoner was the gone—I at last got it changed by Rosenberg—it
was brought back to me ten minutes or a quarter of an hour after—I looked at the mark I had made with my teeth, and being certain it was the same, I returned the change—this is it (produced)—here are the marks I made—I am quite certain it is the one I received from the prisoner.
Prisoner. I was never at her place at all, and know nothing about it. Witness. I am sure she is the person—she was a stranger till that evening, but I notice her—it was six o'clock, and I saw her again at half-past eight.
---- ROSENBERG. I live next door to Mrs. Vyer. On 2nd Feb., I changed a five-shilling piece for her, and returned it to her in a few minutes—I had kept it in the till in the mean time—I had no other five-shilling piece in the house—my husband bent it—I am positive I returned the same I had taken from her.
FRANCE CULLEN. I keep a chandler's shop, in Tothill-street, Stepney, about half a mile from Mrs. Vyers. On 2nd Feb., about seven o'clock in the evening, the prisoner came for half an ounce of tea, a quarter of a pound of sugar, and a penny candle, which came to 3 1/2d.—she gave me a crown piece, I gave her the change, and she left—I was rather doubtful of it, and as soon as she was gone, I took it into the public-house, next door, and in consequence of what they told me, I ran after the prisoner—she was gone—I put the crown into a drawer, where it remained till the following Tuesday—I then gave it the policeman—I put a scratch on it under the head—this is it (preduced)—I had locked the drawer, and kept the key.
Prisoner. I never was in your place at all; it is impossible for you to say it was me. Witness. She is the same person—I had never seen her before, but I took particular notice of her.
AMELIA BARTLETT. I am the wife of Frederick Bartlett, a chandler, in New-street. On 2nd Feb., at twenty minutes past eight o'clock, the prisoner came and asked for half a quartern loaf, and a penny candle—I served her—it came to 4 1/2d.—she dropped a five-shilling piece on the counter, and pretended to be looking for a sixpence—she said she supposed she had lost it, and tendered me the crown piece—I saw it was bad—she said she did not know it—I sent for my husband—he said it was bad, gave it me back, and went for a policeman—the prisoner said she was an unfortunate girl, and a gentleman had given it her the night before—a policeman was brought, and she was given into custody, with the crown, to the policeman—it had not been out of my sight.
GUILTY. Aged 18.— Transported for Seven Years.
Before Mr. Justice Coltman.
MESSRS. BODKIN and WILDE conducted the Prosecution.
GEORGE GOODMAN. I am clerk to Isaac George Currie and others, bankers, of Cornhill. On Thursday morning, 24th Feb., this check, signed "John Ingle," was brought to me for payment by the witness Nicholson—he was detained—Mr. John Ingle has an account at our bank.
I know the prisoner—I first saw him last Thursday, at a public-house in Bishopsgate-street—I might have seen him before about the Minories, but never had any conversation with him till Thursday—I went into have a glass of ale—I began to talk about losing a pipe, which was stolen from my pocket—the prisoner said, "Well, I came up to London a few days ago, and was looking round, and some one robbed me of a pocket-book, a 5l. note, and all my characters"—he said he had been discharged from his master in Plymouth, and he had some up to join another gentleman, who was going to Paris, but he had disappointed him on account of his having an accident, and could not go; but he said, "Never mind, I have got a check in my pocket that I received from my master that I have lately left, for an amount of wages that was due to me" and he was going to take it to the bank that morning—a few minutes after that, he asked me if I would please to take it for him—he produced the check—this is it—I looked at it, and asked where he had it from—he said he got it from his master in a letter—I took the check to Currie's, presented it, and was detained—Haydon, an officer, was sent for—I gave him an account of what I knew about it, took him back to the public-house, and pointed out the prisoner to him, and he and I were taken into custody—I was in custody from Thursday till Monday, middle day.
Prisoner. Q. Did you not see me on Wednesday, and treat me to the play? A. No—I did not say that another man wrote the check for me, and that I could manage it.
MR. BODKIN. Q. Where were you the night before? A. In the Minories till about ten o'clock, then I went to a public-house in Whitechapel, and got tipsy—I know I was not in the prisoner's company—I was at a shipping-office in the Minories, applying for a ship—it is twenty-five days since I was at sea—I have been trying nine days to get a ship—I have not my register here—it is at the station-house.
MICHAEL HAYDON (City policeman, 21.) On Thursday, 24th Feb., I went to Messrs. Currie's, and there saw Nicholson—I accompanied him to the Black Lion, in Bishopsgate-street, and there saw the prisoner—Nicholson pointed him out, and said, "That is the man who gave me the check"—I said to the prisoner, "Did you give this man this check?" showing it him—he said, "Yes"—I asked him from whom he received it—he said, "From John Ingle, of Plymouth"—I asked him when—he said, "On Monday or Tuesday last"—it was sent to him by Mr. Ingle, in a letter—I asked if he had the letter with him—he said, "No," it was at home; but he could not tell me where he lived—I told him I must detain him—on the way to the station I took him to Messrs. Currie's; and to one of the firm he made the same statement he had made to me at the public-house—I then took him to the station-house, and found on him a key that opened a box which was pointed out to me by Mr. Shelton, at his coffee-house, in Sparrow-corner, Minories—I went there in consequence of inquiries, not from any information I received from the prisoner—I found these papers in the box (produced)—I found a register-ticket on Nicholson.
Prisoner. The box was not locked. Witness. It was, and I opened it by this key—I also locked the box with it; but when it was locked a portion of the iron-work was loose, and it is quite possible it could be opened without a key.
THOMAS SHELTON. I keep a coffee-house, at Sparrow-corner, Minories. The prisoner lodged there, and had a box—I pointed it out to Haydon, saw him unlock it, and take out some papers—it was the prisoner's box.
Prisoner. Q. Did he unlock the box? A. He moved the bold of the lock with the key—he did not try to see whether it was open first—it might have been opened without the key—the key fitted so as lock or unlock it—I do not know Nicholson—I never saw him at the prisoner's lodging.
JOHN INGLE. I reside at Stonehouse, near Plymouth, and keep an account at Messrs. Currie's, Cornhill, and have done so thirty years. The prisoner was in my employment till the end of Aug., 1846, as footman, for about nine months—he always passed by the name of Powell—I discharged him—some little time previous to that I was at Cheltenham, and there missed some checks from my check-book—I charged the prisoner with having signed a check of mine, and discharged him after arriving at Stonehouse—I wrote to my bankers, and told them that I had missed checks from my book, and in consequence of this I changed the colour of my check-book—(looking at one of the papers found in the prisoner's box) this is part of a check upon Messrs. Harris and Co., the Nevy Bank, at Plymouth, where I also have an account—the part that has my signature has been tore off—this is a cancelled check—I signed my checks on that bank in the same way as my checks on Currie's—this is not my writing looking at the forged check)—it was not written by my authority or knowledge—the signature is something like mine, but the beginning is not—I never saw the prisoner write—I am not a ship-owner at present—I know nothing of Nicholson—(The check being read was dated Feb. 18th, 1848, for 50l., signed John Ingle. The part of the check was for 268l. A paper also found in the prisoner's box was read, on which the name of John Ingle was written several times, also the date, Feb. 18th, 1848, and the words "five pounds, pay to Mr. Thompson.")
Prisoner's Defence. Mr. Ingle did not discharge me, I left through illness; and since that he has given me a character to get another place; I am very sorry for this case; I did not do it myself; I picked up this piece of paper two years ago; I did not know what it meant.
MR. INGLE re-examined. I gave him warning to quit directly I came home—since he left me he has been driving a cub—I have not given him a character—last May the captain of the hospital at Plymouth applied to my wife to know what sort of a man he was, and she, by my direction, said he was not a man to be trusted in the house; but he would do very well for stables.
GUILTY on 2nd Count. Aged 28.— Transported for Ten Years.
JOSEPH GADD. I like at Harefild—the prisoner is my nephew, and was in my service. On Thursday, 10th Feb., about eleven o'clock at night, I sent him to London with six hundred weight of copper—he ought to have returned about seven on Friday evening, but did not return—I found him at home on Tuesday, the 15th, and gave him in charge—I found the cart, harness, and till, at the Swan, at Bayswater, and the horse at Mr. Hedges,'on the 12th—Franks, the ostler at the Swan, has been taken up and discharged—I asked the prisoner how he could think of selling the horse—he said Franks sold it, and had 15s. of the money, and he had 1l.; that he was very drunk, and was sorry for it—I gave him no authority to sell it.
BENJAMIN PHIPPS. I am twelve years old, and live at Mr. Gadd's. I went with the prisoner to London—we delivered the copper, and then went to the Swan, at Bayswater—Charles Franks is ostler there—the prisoner
asked him if he wanted to buy a horse—he said he would not get in a bother by buying another horse—they went together to Mr. Brooks to see if he would buy it—I said at the Swan—Brooks and Hodge came there—they and the prisoner went down the yard together—the prisoner came and told me he had sold Mr. Gadd's horse to Hedges, and had bought a brown one, and that Hedges went to kill Gadd's horse, and found it dead; but I saw Hedges with the horse, standing against the railings, going to take it away—the prisoner gave him a whip to drive—I did not see it go away—I and the prisoner went into the Swan, and staid there that night—I went home next day.
ALFRED HUGHRS (policeman, D13) I went with Mr. Gadd to the Swan—we received information from Franks—on 11th Feb. we went to Hedges', in the Edgware-road, and found a horse, which Mr. Gadd identified and took.
RICHARD HEDGES The prisoner came to my house on a friday, with Brooks and Franks—he said he had got an old horse, and I was to go down to the Swan, at Bayswater, to look at it—I went, and saw it—he wanted 50s. for it—I asked him whose it was—he said his uncle's, and he was authorized to sell it, as it was completely done up, and was eleven hours coming from Herefield—I gave him 35s. for it, and took it away—next afternoon Mr. Gadd claimed it.
FRANCIS GOUGH (police-sergeant.) I had the prisoner in charge—he said he offered the horse for sale to Franks, who refused to buy it; but went with him to Hedges, who bought it; that Franks took the money, and gave him a sovereign.
GUILTY . Aged 24.—Recommended to mercy by the jury and Prosecutor.— confined Three Months.
Before Mr. Justice Erle.
EDWARD BUTCHER. I lived at Smith's-terrace, chelsea. On Saturday evening, about half-past eight o'clock, I was sent for from the Phœnix tavern, went into the garden, and saw the prisoner in Mr. Cole's parlour, next door, packing up clothes—I got on the wall and looked in, then went for a policeman, then got on the wall again, and saw the prisoner go down into the kitchen, and come up the area, and scale the walls—I followed him—the policeman caught me, but let me go, and I caught the prisoner in Markham-street—I did not lose sight of him—I and the policeman took him to the station, and found four silk handkerchief in his hat.
PATRICK HAMILL (policeman, B 134.) I was sent for a Smith-street—I caught Butcher crossing the wall, but let him go, and followed the prisoner—we caught him in Markham-street, took him to the station, and found on him silk handkerchiefs, two silk scarfs, and a latch-key (produced.)
FREDERICK LINDSEY COLE. I was dining at the Phœnix-tavern, and was sent for by Mrs. Butcher, about half-past eight o'clock—I went home, and could not get in, as the door-latch was fastened—I got over Butcher's wall, went into my kitchen, and saw a bundle tied up in the area, ready to be carried away—I gave it to the constable—the clothes in it are party mine, and partly my brother's the whole of the drawers upstairs had been opened, and the things turned over.
WILLIAM COLE. I live at Smith's-terrace, Chelsea. I came home at a quarter to nine o'clock, met Butcher and Hamill, and went with them to the back-entrance, not being able to get in at the front—I missed some handkerchiefs and wearing-apparel from a drawer—these handkerchiefs are mine (produced)—a square of glass had been broken in the back-kitchen window, which was opened—it was safe when I left.
GUILTY. Aged 35.— Transported for Seven Years.
GUILTY. Aged 30.— Transported for Ten Years.
GUILTY. Aged 21.— Transported for Seven Years.
GUILTY. Aged 40.— Confined Twelve Months.
GUILTY. Aged 18.— Confined Six Months.
NEW COURT.—Wednesday, March 1, 1848.
PRESENT—Mr. Ald, GIBBS; Mr. Ald. CHALLIS; Mr. Ald. MOON; Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY. Aged 40.— Confined One Year.
GUILTY. Aged 36.— Confined Three Months.
PHILLIPS pleaded GUILTY. Aged 18.
DONOVAN pleaded GUILTY. Aged 18.
Confined Nine Months.
GUILTY. Aged 33.— Confined Four Months.
GUILTY. Aged 18.— Transported for Seven Years.
GUILTY. Aged 48.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
HENRY WOOTTEN. I am in the employ of Mr. Younghusband, of Gerrard's-hall, Basing-lane. On Wednesday morning, 16th Feb., I delivered a hamper of poultry out of master's wagon to the prisoner Smith—I told him to take it to Mr. Piggot's, a poulterer, in Newgate-market—I did not then know where Mr. Piggot lived—I have been shown it since—Smith went to the right instead of to the left.
Cross-examined by MR. PAYNE. Q. Did you know Smith? A. Yes; I had seen him several times before—he was employed in pitching things from wagons—I have understood he has been in the navy—he took this hamper on his back, and went to the right, whether he went the right way afterwards I cannot tell—my wagon was in Newgate-market—there was a porter there named Thompson, he is in the service of Mr. Younghusband—he would have to pay Smith for what he did—I did not see Smith in the market after that.
THOMAS WILLIAM BROWN. I keep the Old King John, in Holywell-lane. On 16th Feb., about ten minutes past five o'clock in the morning, a cab came to my house—Kitchen knocked at my door—I opened it—he asked if I was going to close again—I sad, "Yes; for about half an hour"—he asked me to allow him to leave a hamper—I said, "Yes," and I gave him the key of the tap-room—he left it, and said he would call for it in a short time—I went to bed again, and got up about twelve—the hamper was still there in the tap-room—I took it into the kitchen—I just opened the wickers of the basket, and saw there was poultry in it—at half-past eight the same evening, Neale and Smith came—Neale said to me, "You have a hamper here"—I said, "Yes"—he said, "I shall call for it in the morning"—I said, "I shall not let you have it, without the party who left it is present"—he said, "It is all right"—Smith said, "The party that left it is very ill; he is in bed; if I go and get a note from him, I suppose you will let me have it"—I went into the parlour and came out again, and said, "I shall not let you have it; if Kitchen were here, I should not let him have it"—I asked them to leave me their names and addresses, and that of the party who left it, and I would call in a policeman and deliver it up to them—they said they were agreeable to that—I took down their names—I have it here, "John Smith, John Neale, and William Kitchen, 5, Milton-street"—Smith said he was servant to Kitchen, and attended to a horse and cart—I went for a policeman, and when I came back they were gone.
Cross-examined. Q. Were they brought back? A. They were—I sent one of my children—they had not gone for—they were allowed to go away.
Cross-examined. Q. Was not what he said, that he went by the direction of the other man, who was at large? A. No—I will swear that—Kitchen was not then at large, he had been taken on Wednesday morning, and was in the Compter.
ROBERT GOODWIN I am driver of the cab, No. 1477. On that Wednesday morning I was asleep in my cab, at the corner of King-street, Cheapside—I was awoke, and two men put a hamper into the cab—I could not swer to them—I believe Kitchen was one—he got into the cab', the other man went away momentarily—I had never seen either of them before—I took the hamper to holwell-lane—he told me to pull up, which I did—I turned round, and said I was going home to Lamb's conduit-street—he said, "I am going that way, will you give me a life?"—I said, "You may do as you like"—he rode, but he got down before he got to Smithfield—he paid me a shilling in the public-house.
HENRY WOOTTEN re-examined. This is the hamper I delivered to Smith. JOSEPH YOUNGHUBAND I am a tavern-keeper and railway-carrier. I have one partner—Wootten is my servant—I saw Smith on the Monday after this matter, at Gravesend—he had left his lodgings on Thursday night or Friday morning.
Cross-examined. Q. Did you send for Smith in the after part of the day when this happened? A. I did—he went with one of my men to endeavour to find the hamper—Kitchen was at that time in custody—Mr. Piggot's place is in the centre of Newgate-market—the Smith went was twenty yards further—I believe he was paid by our foreman in the market, perhaps a glass of gin—when I sent for Smith in the afternoon, he would not come—he had been with one of our men.
JAMES HUDSON SPARKES (policeman.) I took Smith—I asked him if he knew Cooper and Kitchen—he said, "I do, well"—I said, "You are charged with stealing a hamper of fowls last Wednesday"—he said it was a bad job, and he asked me to go with his wife to where he had paid for his night's lodging, and get the shilling.
Kitchen's Defence. I was going to the market; I met a countryman with a hamper on his back; he asked me to take it for him as near to the Eastern Counties Railway as I possibly could; he came to the cab man, and I went and left it; I did not tell Mr. Brown that I should call for it in a little time; I came back, and the man was gone.
SMITH— GUILTY. Aged 26.— Confined One Year.
KITCHEN— GUILTY. Aged 46.— Transported for Seven Years
WILLIAM CHILD I am an officer, of Tower-hill. On 23rd Jan., about ten minutes after eight o'clock in the morning, I saw the prisoner with a wagon and two horses, go onto an archway in Crutched-friars—I walked past, and saw him on the top of the wagon—he came out, and I watched him down to Pennington-street—he there got on the top of the wagon, and put something in his great coat—he drove the wagon under the crane at Mr. Goodhart's, then got the bundle off the wagon in his great coat, and
took it into a house in Garlick-hill—I followed him into the house, and asked what the bundle contained—he made no answer—I found it was this fifteen pounds of sugar.
Prisoner. Q. Did you see me take it out of the cask? A. No—there were six casks in the wagon—I have compared the sugar found on him with that in the casks—they are the same.
WILLIAM BERNARD. I had some casks of sugar placed in Appleford's wagon—the prisoner was to take them to Mr. Goodhart's—we do not weigh the casks—I gave them to the prisoner as they came from the docks.
HENRY NEWSOM GOODHART. I am a sugar-refiner. I received the cask No. 82—it weighed 10cwt. 0qr. 17lbs.—that was 15lbs. short of what it should have been—I compared the sugar with what was found on the prisoner—they are the same.
Prisoner's Defence. I found the bundle of sugar there; I do not know how it came there.
(The prisoner received a good character.)
GUILTY. Aged 41.— Confined Six Months.
HENRY WRIGHT. I am a bootmaker, at 10, Huggin-lane—I manage Mr. Davis's shop—the prisoner was in his employ. On the evening of 29th Oct. he went away, as he said, to get half a pint of beer for his tea—he did not come back—next morning I went to my desk, found it broken open, and the money stated gone—about half as hour afterwards I missed my tools—my brother-in-law was there—he works in the shop with me—he is still there, and the lad Robinson.
CHARLES ROBINSON. I was at work at the shop with Mr. Wright—the prisoner asked me to go out for a penny loaf and a halfpenny worth of apples for him—I went, and left him alone in the shop—when I came back, he was there—he then went away—he did not come back.
THOMAS BRADEY (City policeman, 269.) I have been looking for the prisoner ever since October—I could not find him till last week—he told me that he gave himself up at Birmingham for the robbery at Mr. Davis's, but they would not attend to it.
Prisoner's Defence. I sent the boy for a penny loaf; I then went home, and my wife asked me if I had brought any money; I said, no, the foreman would not let me have any; some words passed between us, and I did not go to the shop any more.
(The prisoner received a good character.)
GUILTY. Aged 22.— Confined Three Months.
JOHN PICKARD (City policeman, 550.) On Saturday, 19th Feb., I was in Mincing-lane, near the corner of Fenchurch-street—I saw the prisoner with a bag—I followed him to the corner of Billiter-street, and asked him what he
had got in the bag—he said a parcel, which he was going to take to the Swan, in Whitechapel—he said a gentleman in the street gave it him to carry—I told him to walk to the station, and I found the parcel and directed to Mr. E. Farrington, 16, Bath-street, Newgate-street.
JOHN WHITE. I was out with Pickford's wagon, in King William-street, about nine o'clock, on this Saturday morning—I had a parcel in my wagon directed as this is—I last saw it safe in King William-street—when we were in Paternoster-row, my mate told me it was missing—it must have been taken between King William-street and Paternoster-row—I saw it again at the Mansion-house—it contained the articles stated, in six parcels, directed to different persons.
GLERD BANYON. I was with the wagon. I saw this parcel in King William-street—I missed it when I was in Bow-lane—I directed White's attention to it—I afterwards saw it at the Mansion-house—the prisoner had no authority to remove it.
GUILTY. Aged 27.— Confined Six Months.
JAMES CHILDS. I am a labourer, at Harefield. I was in the King's Arms on 18th Feb., with the prisoners—we had some drink, and I paid 6d.—I had two half-crowns beside, which I wrapped up in a bit of paper, and put into my pocket—I came out with the prisoners—as we were going along I felt Wilson's hand against my pocket—I looked round, and saw the paper drop that my money had been wrapped in—I felt, and my money was gone—I said to Wilson, "What do you mean by this, young man?"—he laughed, and said he had not got my money—we went to another public-house, and he remained there with me for near an hour, till the policeman came—there was no money found on Wilson—one half-crown was found on Atkins.
Cross-examined by MR. PAYNE. Q. They are chimney-sweepers? A. Yes—every time I took my money out I wrapped it up again in paper—I was not drunk—we had hand five pots of beer between four or five of us—there was a woman behind me at the time Wilson put his hand in my pocket—it was done openly, as we were walking along the road together.
SUSANNAH DEAN. I am the wife of Thomas Dean. I was on the road that day—I saw Wilson put his hand in the prosecutor's pocket twice—the first time he took his hand out, he put it to his own pocket—I said to him, "What are you doing?"—Atkins was there, but he never interfered at all.
Cross-examined. Q. Wilson laughed when the prosecutor spoke to him? A. I did not see him laugh.
Wilson. I wanted to give it to Atkins, this man wanted to take it, and and I would not let him have it.
he had none—I searched and found a half-crown in this little purse, in the knee of his trowsers.
(The prisoners received good characters.)
WILSON— GUILTY .Aged 19.—Recommended to mercy by the Jury and Prosecutor— Confined Two Months.
ATKINS— GUILTY . Aged 11.—Recommended to mercy by the Jury and Prosecutor— Confined Four Days and Whipped.
GUILTY. Aged 53.— Confined One Month.
(The prisoner received a good character, and a witness engaged to employ him.)
MR. CLARKSON offered no evidence.)
WILLIAM MULLINS. I am the son of John Mullins, and live in a court in Gray's Inn-lane. This iron pot is my mother's—my father is in the hospital—I missed it on Wednesday evening, 9th Feb.—I found it again at the station-house.
EDWARD COTT (City policeman, 285.) I stopped the prisoner in Field-lane, on 9th Feb., with this iron pot—she said she found it at a doorway in Gray's Inn-lane—I asked where she was going to take it—she said, "Home"—I asked where that was—she said that was nothing to me.
Prisoner. I found it at the step of a door.
EDWARD SALTER (City policeman, 64.) I produce a certificate of the prisoner's former conviction at this Court, by the name of Mary Ann Lloyd—(read—Convicted 5th Jan., 1846, and confined six months)—the prisoner is the person.
GUILTY.† Aged 29.— Confined One Year.
HENRY WALSH. I am a watch-maker, in Chancery-lane—the prisoner is my journeyman. On 25th Jan. he had to take some gold watch-cases to President-street, a gold chain and seal to Mr. Rowley, at St. John'sgate, and a dial to Mr. Hinton's—he did not return to me.
Prisoner. I had several parcels to take; I missed them from my pocket, and was afraid to go home—I knocked at Mr. Slimm's door, and found no one there.
could have got to those places in half an hour—he delivered some parcels which were of no value, but not those which were.
GUILTY.* Aged 24.— Confined Six Months.
ROBERT BLOWER. I am manager to the London Conveyance Company. Mr. Andrew Inderwick is the chairman—I have missed oats—the prisoner was carman—on 27th Jan., he had carried oats to the stable at Irongatewharf, and he took in the horses of the regular horse-keeper—he had no business to take the oats away from there.
Cross-examined by MR. HORRY. Q. Who paid for these oars? A. I should imagine Mr. Inderwick—I am under his orders—I am not a proprietor.
THOMAS POWELL. I am horse-keeper to the London Conveyance Company. On Thursday night, 27th Jan., I fed the horses at Irongate-wharf—I asked the prisoner to take in my horses at the last journey, and feed them—I left two sacks of oats in the stable—there were four bushels in each sack—I left him at eleven o'clock at night—when I came next morning the two sacks of oats were gone—the horses could not have eaten eight bushels.
Cross-examined. Q. It was your duty to feed the horses when they came from the omnibusses? A. Yes—I was on my home from the stable when I met the prisoner—I had locked the stable, and I gave him the key—I wen home and went to bed—I had not been in a public-house with the prisoner—he has been in the Company's employ several months, and I nearly five years.
JOHN CROFT (police-sergeant, D 4.) At half-past twelve o'clock at night, on 27th Jan., I met the prisoner a Irongate-wharf—he had this sack, containing four bushels of oats, on his shoulder—I asked what he had there—he said, "Eh!"—I asked him the second time—he then said he was going to carry it for a wager—I said, "Where?"—he said, "To the Great Western Railway"—I said, "I am going that way, come along"—he then threw the sack down—I sprung my rattle, my brother officer came up, and he found another sack.
GUILTY.—Aged 27.— Confined Six Months.
ALLEN MARDEN. I am a grocer, at Battle-bridge. The prisoner was in my service—in consequence of some circumstances, I marked some money on 1st Feb.—I then had the prisoner searched by an officer—there was 2s. 4d. found on him, and one of the shillings was one that I had marked.
Cross-examined by MR. PARRY. Q. Did you say, if he would tell you the whole truth you did not want to go to the extreme? A. Yes, I did—I had been watching him for a week before—this is the shilling—no one saw me put this mark on it.
prosecutor asked him what money he had—he said he had a shilling, and then he said he had two—the prosecutor asked him to show them, and he took them out.
GUILTY. Aged 18.— Confined Six Months.
(The prosecutor stated that during the five weeks the prisoner had been in his service he has lost from 15l. to 20l.)
JOHN DAVIS (City-policeman, 551.) At a quarter before seven o'clock in the evening, of 25th Feb., I saw Wilson near the prosecutor's shop—I crossed the road, and saw Thompson near the statue of William the Fourth—I went and hid myself in a passage—I saw Wilson cross to Thompson, and they had some conversation—Wilson then went back to the shop, dragged a coat down from the rail, and handed it to thompson—I took it from him.
Thompson's Defence. I was coming up King William-street, and two boys broke a lamp; I stood looking at them; I was then walking up Clement's-lane, and this officer came running up, with the coat on his arm, and knocked me down; I know nothing of it.
THOMPSON— GUILTY.* Aged 18.— Confined Six Months.
WILSON— GUILTY. Aged 19.— Confined Three Months.
OLD COURT.—Thursday, March 2nd, 1848.
Before Edward Bullock, Esq. and the Fourth Jury
GUILTY. Aged 16.— Confined One Month.
HENRY EDWARDS (policeman.) On Monday evening, 14th Feb., about half-past six o'clock, I saw the prisoner in Albert-street, Camdentown, with two others—he was dressed in a flannel-jacket, and had no coat on—about half an hour afterwards I saw him come down Albert-street again—he then had this coat on (produced)—the others got away—I stopped him, and asked him whose coat it was—he said it was his own—at the station he said he found it in the king's-road—I searched the pockets, and found two papers, which led me to Mr. Cumming's—his house is in the parish of St. Pancras.
parlour, about half-past six or a quarter to seven o'clock on the Monday evening—I went up stairs to put the children to bed, and left all the doors shut—the street-door was locked—it is a cottage-house—there is also a kitchen-door, which goes out into the front—that was locked—the back door was shut, and the gardengate also—I came down in about five minutes, and found the doors all wide open, except the one I had left locked—I did not miss the coat till the policeman brought it next morning—the only person in the house besides me was my daughter, who is about eleven years old—she went up stairs with me, was with me all the time, and came down with me—my son came in as I came down stairs—he knocked at the kitchen door, which was looked—he was not in the house when I went up stairs.
Cross-examined by MR. O'BRIEN. Q. What room had you been into last, before you went up stairs? A. The front parlour, where the coat was, before I went up stairs I had been in the kitchen—the door was latched—I had been out to let one of the men out about five minutes before, and shut the door after him—nother particular called my attention to the coast before I went up stairs it was in its usual place—I had no occasion to look for it when I came down—I did not miss it till I looked about to see if anything was gone.
GUILTY. Aged 20.— Transported for Seven Years.
Before Lord Chief Baron Pollock
815. SAMUEL BROWN . was charged by the two first COUNTS, with unlawfully making divers false statements (setting them out) to the Rev. William Fredrick Hamilton, intending the same to be inserted in a register of marriages; and, by the 3rd and 4th COUNTS, with making certain false statements toughing by particular required by the Act to be registered, with a like intent.
SIR FREDERICK THESIGER (with MESSRS. CLARKSON and BALLANTINE) applied to the COURT that the Defendant might be allowed to withdraw his plea of NOT GUILTY to the 3rd and 4th Counts, and to demur to them, as not sustanable in point of law, he having pleaded in the absence of his legal advisers, not being bound then to plead, but having a right at that time to demur; this was a matter in the discretion of the COURT, if a case of substantial injustice was made out [See The Queen v. Purchase, 1car. & Marshman, 617; and The Queen v. Odgers, 2Moody & Rob., 479] and could not be made a ground of motion in arrest of judgment, under the provisions of 7Geo. IV., C. 64. The
ATTORNEY-GENERAL resisted the application. The COURT was of opinion that the Defendant ought not to be allowed to demur, the Counts, (stating the offence in the general terms of the Act.) being good with a plea of NOT GUILTY to them; and as the Defendant did not allege that he was unaware of the general scope of the charge, on case of substantial injustice was made out.
EDWARD SPELLER. I am clerk of Trinity Church, Marylebone—I was there in the performance of my duty, on 23rd May last—before the morning service commenced, the defendant came into the vestry-room, asked if I was the clerk, and told me he was desirous of publishing the banns of marriage—I
told him he was just in time, as the service was going to commence and asked him his name—I gave a piece of paper, and the names were written on it—I am not sure whether he wrote them down, on whether I did—I have my book, in which I entered the banns at the time (producing it)—I made the entry from his statement—I asked him if the parties were of age, and if they resided within the district—he said they did, if Wimpole-street was in the district—I said it was—he described his own name as Samuel Brown, and the lady's Esther Field—this is the entry I made from his dictation—(reads—"No. 630, Samuel Brown, of this district rectory, bachelor, and Esther Field, of this district rectory, spinster)—I delivered the book with that entry in it, to the officiating minister, to read, and it was published with the other banns, by him, in the morning service that day—I was present at the same Church when they were published on the succeeding Sundays, in the same way, by the clergyman, Mr. Hamilton—on 19th June, the defendant, and Esther Field, attended at the Church for the purpose of being married—I have seen the same lady this morning at the London Coffee-house—I have here the register-book of marriages—(producing it)—there is as entry on 19th June, of the particulars of the marriage, in my writing—it was made in the vestry before the marriage was solemnized—I asked the defendant his name, and if it was spelt with a final "e"?—he said his name was Samuel Brown, without the "e"—I asked if he was of full age?—he answered, "Yes"—if he was a bachelor??—he replied, "Yes"—his rank and occupation?—he said, "A gentleman, being out of business"—I asked his residence?—he said, "31, Wimpole-street"—his father's Christian name and surname?—he said, "George brown"—his trade or profession?—"A farmer, deceased"—I them went on to Miss Field, and having written that, I said, "Both parties of full age?"—he said, "Yes"—if Esther Field was a spinster?—he answered, "Yes"—where she resided?—his answer was, "Wimpole-street;"—her father's name? "James Field"—occupation? and he said, "A farmer, deceased"—at the time he said Esther Field resided in Wimpole-street, he asked me if I knew the name of "Clitherow"—I said, No, I believed there was a family of that name in Wimpole-street, and he said that was the house—I do recollect his saying anything about the lady's mother—Mr. Hamilton was not present at this time—this was before he came in—he came two or three minutes after—the party then adjourned into the Church, and the marriage ceremony was gone through—I saw Mr. Hamilton put his name to the registry after the ceremony—the registry was read over to the parties—they assented to its accuracy, and then he signed it, and I and my wife signed it as witnesses.
COURT. Q. Who signed first? A. I think the clergyman, and then the parties?
Cross-examined by SIR FREDERICK THESIGER. Q. Did Mr. Brown come to you alone on 23rd May? A. Yes, to have the banns published—I remember the circumstance from its being the last entry made before the service—it was just in the nick of time—I recollect it perfectly—there are not a great many parties who have banns published there—upon an average, I suppose, there are about seven a week—I cannot recollect the particulars of all the persons who came there—I should not very distinctly recollect what particular persons came, and what passed when any one came, nine or ten months afterwards—I was called upon three or four days after the marriage to recollect what had occurred at the time—that was when Mr. Smith came into the vestry—I told him what had occurred at the time of publishing the banns—Mr.
Brown came in like any other person, and said he was desirous of publishing the banns of marriage—I said, "Very well," and he gave me the names—I do not know what he said—I treated it as a matter of business entirely—if I had expected such a thing as this I should have been more particular—I cannot tell you what occurred—what I have stated is my ordinary course—I have no particular recollection of what passed between me and Brown on what occasion—I must have got his name from him, as I did not know him, and the name of the person he intended to marry, and that he was a bachelor, and she a spinster—there is no more than the names in the entry—I cannot call to my recollection anything beyond his giving me the names, my asking, if they were both living in the district, and his answering in the affirmative—I have a perfect recollection that I asked him if they both resided in the district—it is a question I always put—I am certain I put that questions—I swear that positively—I have no doubt at all about it, but I should prefer its being accepted as coming in the ordinary course—the time was short, and I entered the banns hastily—I did not see Brown again till 19th June, when he called at my house, the evening before the marriage, and left the noticepaper—I did not see him then—I first saw Esther Field at the vestry—I put certain questions to them before the marriage—Miss Field was absent part of the time—she went out of the vestry, looked at the monuments, and came back again—I took the information from Mr. Brown—I have no recollection of putting any question to them except about the names—I had the names before, but it is the custom—sometimes there are three or four in the vestry—I call, "Samuel Brown and Esther Field"—I suppose they have sufficient idea that I mean, "Are those your names?"—I then inquire if they are of full age—I do not say that to them altogether when there are three or four parties together in the vestry—I take them separately—I ask them their names, and enter them—I generally say, "Both parties of full age?"—Brown gave the answer—I recollect that perfectly—the gentleman does not always give the answer—I think Miss Field was not in the vestry at that time—she was in the vestry the best part of the time while I was making the entry—I believe she was there when I asked if both parties were of full age—Brown gave the answer; Esther Field did not—she might have been there when I asked if they were of full age—I will not swear that she was not—I have no recollection of her giving any answer to me—I do not think she did—there was no answer given as contrary to the question I put—to the best of my knowledge there was no answer given at all—I do not recollect a single answer being given by Miss Field—Brown answered in the affirmative when I said, "Both parties of full age?"—he said, "Yes'—he gave the answers all along—if silence gives consent, I suppose Miss Field assented—I understood it so at the time—I entered the whole of this in the registry, date and all, before the marriage—I do not think there were any other parties married that day, but I do not recollect—I see there was another one, on looking at the book—I do not recollect those parties at all.
MR. BODKIN. Q. Have you had any inquiry or application made about that marriage as you have about this? A. No—I believe those persons were not present when I received the particulars of this marriage from Brown, for the purpose of publishing the banns—he asked me whether Wimpole-street was in the district, either at that time or at the time of the marriage—I think it was at the time of the marriage.
remember the defendant and Miss Field coming there to be married on 19th June—the banns had been previously published, on 23rd and 30th May, and 6th June—it was not the invariable practice for the clerk to make the entry in the register-book before the marriages were solemnized—I believed the law does not require it, but it is sometimes done, as a matter of convenience, if the clergyman has not come, not to keep the parties waiting—after the marriage was solemnized I distinctly read out the entry in the register-book to the parties, in the form as entered by the clerk—it is a legal form, that we are obliged to go through; we have no discretion—"Samuel Brown, of full age, gentleman, 31, Wimpole-street; father's name, George Brown, farmer, deceased; is that correct?" and the answer given me was, "Yes"—I then proceeded to the second line, "Esther Field, of full age, spinster; father's name, James Field, farmer, deceased;" to which I also received an assenting answer, before either of the parties or myself signed it—I could not swear that Miss Field gave the answer herself, but my impression is that she did—an assent was decidedly given me whilst I held the pen in my hand, and before I affixed my signature—both parties were present—Brown answered his own line.
Q. Did he answer the second line? A. Well, an answer was given me, and my impression is that it was the answer of Miss Field—if there was not an assent in words, there was an assenting bow—I cannot so completely charge my memory as to whether Brown spoke, and the lady bowed, but an answer was given in the affirmative—had there been any doubt on my mind I should not have signed it—a most unequivocal assent was given, and upon that I and the parties signed it.
Cross-examined. Q. Do you recollect at what time you arrived at the vestry that day? A. No, the parties were in the vestry on my arrival—I was seat for to my own residence, which is generally the case—the entry had been prepared by the clerk, as he generally does—it is his duty to take it down from the parties mouths themselves—I take all the pains I can to ascertain that these matters are correct, by inquiring of both the parties after the marriage—it is the decided impression on my mind that Esther Field gave the answer that was peculiarly for her to answer, but I will not swear it—the decided impression was that she assented—it might be by a bow—when I inquired, "Is this correct?"—there was a bow, which carried an assent, to my mind, because ladies do not always answer—they are sometimes a little nervous on these occasions.
EDWIN WHITTERIDGE. I am butler in the service of Mr. Clitherow, of 31, Wimpole-street, and have been so eight years next Oct. I have known the defendant some years—he was formerly in Mr. Clitherow's service—he left before I arrived—I learnt from him that he had been in Mr. Clitherow's service—he has occasionally called there during the last seven or eight years—on two occasions he left his address, stating, that if any letters or parcels were delivered for him, would I forward them—on one occasion he laid down on my bed in the pantry, complaining of a severe headache—he has not resided there—I never knew a person named Esther Field living in wimpole-street.
JOHN LAKE. I live at Apsley Mill, King's Langley, Herts. I know the defendant—in June last he was living at Tring with his brother, who is a farmer and brewer there—I knew him well—on 23rd July last I met him by accident—he said he had come to London for the purpose of procuring a license, that he had obtained the consent of Miss Field to marry him—he said
that he told a clergyman, who he went to see for the purpose of information as to the course he should pursue as to solemnization of the marriage, that Miss Field was under age—I believe he mentioned the clergyman's name, nut O do not remember it—he said that the clergyman told him that the young lady being under age, the consent of her guardians would be necessary to the marriage, but he (Brown) telling him that they wished to be married without the knowledge of her guardians, he said the only course they could adopt would be to have the banns published—he told me that he had had the banns published—he said he attended on the first Sunday, and heard them published—I have no recollection of his saying anything about attending beyond that once—he said, that on his return from London, after giving the clerk direction for the publication of the banns, he showed to miss field a paper, which he verily believed she thought was a marriage license—he said it was a certificate which is given when the arty gives an order for the publication of banns—he said that be doubled back a portion of the paper upon which the word "banns" was written, for the purpose of leading her to suppose it was marriage license, and not a certified of banns.
Cross-examined. Q. What are you? A. An engineer—I was no intimate terms with the defendant—I know Esther field—I told this conversation to several parties—I told it in the first instance to Mrs. Toomey, who stands, I believe, in the pleadings, as her next friend—I have seen some of the affidavits, Mr. Smith gave me the means of doing so, at my own desire—Mr. Smith has two sons—I do not know that one of those sons was paying his addresses to Miss Field.
JOHN BROWN. I am twin-brother of the defendant. I am about fifty-two years of age—my brother was formerly in the service of Mr. Clitherow, and left about ten or eleven years ago—he has generally resided with me since—in May sand June last years he was residing partly at Tring—he was away for a night or two occasionally—he generally assisted me in the brewery, or anything—Esther Field was my ward—she will be entitled to a considerable property when of age—I cannot tell precisely how much—it is stated to be 1,000l. or 1,100l. a-year—she is eighteen year of age—in May and June last she was residing at Tring, in, my house, and had been doing so for a month or two—she came to me from school—I remember her leaving on 19th June early in the morning—she came back about four o' clock, or a little after—my brother was absent that same day—he returned with her—I supposed he knew her age—I do not know that he did—he knew that she had just come from school—I do not know that he did—he knew that she had birthday shortly before—it may be so—my brother was there at that time—she went to Mr. Smith's house during the week on which she returned.
SIR F. THESIGER submitted that the two first counts (combined of sec. 40and sec. 41) were not supported by the evidence, those Counts alleging that the Defendant made certain false statements to the clergyman (who was required to put certain questions to the parties after the marriage) for the purpose of being inserted in the register, whereas the evidence proved that the entries were made by the clerk and before the marriage. MR. BALLANTINE also contended that there was no proof of the book, in which the entries were made, having been provided by the Registrar-General, as directed by the Act; and that the evidence expressly negatived the supposition that any false statement was made to the clergyman by LORD CHIEF BARON stated that he would reserve the matter, and, in leaving the case to the JURY, expressed an opinion that the statement made rto the clerk might
not be made with a view to any insertion in the register, and that, in point of low, there was no insertion in the register until it was signed by the clergyman.
of making a false representation to the clerk, by which the statement was put in form; and also to the clergyman, as to the residence; but not as to the lady's age.
Before Mr. Justice Coltman.
817. GEORGE MASON , burglariously breaking and entering the dwelling-house of Andrew Robinson Wilkes , and stabbing and wounding Christiana Wilkes, with intent to murder her.—2nd COUNT , with intent to do her grievous bodily harm.
MR. PRENDERGAST conducted the Prosecution.
CHRISTIANA WILKES. I am the wife of Andrew Robinson Wilkes. On 21st Dec. I lived at 5, Norman's-buildings, St. George's-in-the-East—I now live at 21, Lower Chapman-street—on 20th Jan. I went to bed about eleven o'clock—there are two rooms in the house, one up and one down stairs—I slept up stairs—the house was all fastened, the door locked, and the window in the lower room shut when I went to bed—after I had been in bed some time I heard a rumbling noise, and my room door pushed open—I sat up in bed, looked on the stairs, and saw the prisoner standing on the stairs opposite to me—there was a gas-light in the court, and my candle, which was on the floor by the side of the bed, was just going out, but it gave a little light—he immediately rushed on the bed—I said, "George, do not murder me"—I felt a cut about my neck, and then a continual weight that kept me down, and a stabbing, mostly in my arms—he kept on for three or four minutes—I did not struggle, I had no power—after a little time I rallied and sat up in bed, and saw him go down stairs—I got up and pulled the bedstead against the door, for fear he should come up again, and then I opened the window and called out "Murder!" and "Police!"—the light went out just as I got out of bed—a neighbour named Sadler came, and I told him to send my son—my son answered me and came in at the lower window—a person from the outside could pull down the window and get into the room—I had been the prisoner the morning before, between nine and ten—he came to see about my daughter—I knew very well they were acquainted—he had called several times before that about my daughter, and I told him I did not know where she was—he called again between eleven and twelve—I said my daughter was not there, and I knew nothing about her—I had sent her out of the way—I told him not to come tormenting me, I had trouble enough—he went away, and as he went from the door he said, "You may tell her to say her prayers, for when I meet with her I will murder her," or "kill her," or something similar to that—he had said before that my daughter had got his address—I asked him if that was not the case—he said, "Yes'—I said, "Then she had better write to you without your coming magging me"—I said it was somewhere in the Hackney-road, and he said, "Yes, that was the address"—my husband's name is Andrew Robinson Wilkes.
Prisoner. The house is always left open, to suit daughter's purpose; I have seen her go in at the window and take men in, and she has robbed them in your house. Witness. The window is so that any body could open it on the outside—my daughter might have come in at the window when she had
not a key, but I never saw her bring men in—I wished my daughter to break off the connection with him—she had not his address—I said if she had she could write to him—I had forbid him the house six weeks before—he was at my house on the Saturday before—I came home and found him there—he did not have supper with us—I had no words with my daughter.
ANDREW BENJAMIN WILKES. When this occurred I lived in Norman's-buildings. On the morning of 21st Jan., shortly after on o'clock, I heard cries of "Murder!"—I paid little attention, thinking they proceeded from the house of a quarrelsome neighbour—the cries continued, and I opened the window—I ultimately went to my mother's house—the lower room window was open, the street-door was fastened—I entered at the window, and when I was in the lower room I heard my mother calling from above that George had been there and murdered her—I went up, the bedstead or something was placed against the door—I forced it and it and entered the room—it was dark, and I could not see my mother—I let a policeman in, and by his light discovered that my mother was bleeding—her clothes, the bedclothes, and floor were very bloody—I have seen the prisoner once or twice before—I knew there was some acquaintance between my sister and him, by the name of George—I did not know him by any other name—I fetched Dr. Broadwater.
Prisoner. Q. Did not your mother state that she heard some one down stairs three-quarters of an hour before? A. No. I did not say so at the Police-court.
DANIEL KIMBERLY (policeman, H 82.) On Friday morning, 21st Jan., I heard a disturbance and went to Norman's-building—I went up stairs into a room, and there found Mrs. Wilkes bleeding very much—I found this knife under the bed, covered with wet blood, also a boot and shoe—they have not been recognised.
JAMES EVES (police-serjeant, H14.) I went to the house to the house in Norman's-building on the morning of 21st, and there saw Mrs. Wilkes bleeding—I afterwards went, between five and six o'clock, to 9, Felix-street, Hackney-road, and there found this coat (produced)—these was blood on the arm of it—I saw the prisoner on 9th Feb. on Finsbury-pavement, and said, "George, I want you"—he said, "Don't hurt me or pinch me, if you do you shall carry me"—I said, "You know what you are charged with?" he said, "Yes, I was drunk, and what I have to say I shall keep to myself."
MARY WILKES. I am the daughter of Mrs. Wilkes. There has been some acquaintance between me and the prisoner—he gave me his address, and told me when I left my mother I was write to him at 9, Felix-street, Hackney-road—when this matter occurred I had gone out of the way to avoid the prisoner, by mother's advice.
Prisoner. Q. Who was it asked me on the Saturday night to have supper with you? A. My mother—you had some supper with us—while you were there my brother came and called my mother outside—when she came back, she and I had a few words.
WILLIAM JAMES BROADWATERR. I am a surgeon. On 21st Jan, about one o'clock in the morning, I examined Mrs. Wilkes—there were three superficial wounds on the upper part of the left side of the nose, one at the angle of the orbit, and one on the lower lid of the left eye, one on the left side of the neck, one extending about 2 1/2 inches from the neck down the clavicle to the collar-bone, and one on the shoulder, extending from the coller-bone over the summit of the shoulder, about 3 1/2 inches long—it would have been all one wound but for the intervention of the collar-bone—the
wound on the clavicle was about three quarters of an inch in one part, and about an inch in the other—there was another wound on the left fore-arm 2 1/2 inches long by three quarters deep—another on the inner side of the left fore-arm an inch long and half an inch deep, and one on the back part of the fore-arm—there were twelve in all—some of them were deep, and three very superficial—some were 1 1/2 inches deep—the greatest depth of the others was an inch—she was labouring under great exhaustion, and in a state of syncope—I administered brandy while I bound up the wounds, as she was sinking—she was in danger at that period, and continued in danger seven or eight days—the loss of blood was very excessive—this knife would inflict such an injury.
THOMAS KAY (policeman, H 101.) I produce a hat which I found in a little wash-house in front of the house alongside of the water-closet, near the lower room window, about a quarter or twenty minutes past one—I did not see any marks of blood on it—it was about three of four feet from the window.
ROBERT FREDERICK MEARS. I know this hat—I saw it on the prisoner's head on the 20th, the day before this matter happened, at ten minutes to three in the afternoon—I am quite sure of it—this coat is the prisoner's—I know it by having seen it on his back.
Prisoner. This is one of the girl's fancy men.
Prisoner's Defence. Mrs. Wilkes and her daughter have been the cause of bringing me here; the daughter has been in the habit of committing robberies, which I found out, and they wished to send me away, that I might not tell one of it; the mother says the daughter was out of the way from me; she was away from the police, because she had robbed a gentleman the night before of 2l. and a waistcoat, at another house; I met the girl at whose house she robbed him, and she told me of it.
MRS. WILKES re-examined. My daughter was out of the way to keep her away from the prisoner—he threatened her life repeatedly—it was not to escape the police—she was not away from the police.
JAMES EVES re-examined. I have known Norman's-buildings for the last ten years—there are seven or eight houses occupied by respectable working people—the prosecutrix is respectable as far as I know—the house is not a bad house—I cannot say I saw the window open on this night—I never heard anything about the daughter except what I have heard rumoured here for the last day or two.
GUILTY on 2nd COUNT. Aged 19.— DEATH recorded.
NEW COURT.—Thursday, March 2nd, 1848.
Before Mr. Recorder and the Sixth Jury.
GUILTY. Aged 15.— Confined Three Months and Whipped.
819. THOMAS RETFORD , stealing 225 sheets of printed paper, value 12s.; also, 175 sheets, 8s.; the goods of William Rivington and another, his masters; having been before convicted; to which he pleaded
GUILTY. Aged 16.— Confined Twelve Months and Whipped.
GUILTY. Aged 47.— Confined One Month.
MR. EDWARDS conducted the Prosecution.
GEORGE STEVENS. I am terasurer of the Society of British Artists, which was incorporated last year. I have been treasurer since then—we have a gallery in Suffolk-street, Pall-mall—artists and their paintings there to be exhibited and sold—we have fixed terms on which we receive them—we sell them at five per cent. commission to out-door artists; that is, those who are not members of the Art-Union, and two and a half per cent. for those who are—a great number of paintings are sent for sale—the prisoner was employed by the society—the secretary employs the servants, the prisoner received his instructions from him—I do not recollect whether the terms of his engagement were sent to him in writing—I understood there was a written agreement; that a letter was sent to him from the secretary to employ him—he was employed as a servant—the minutes of the society are entered in a book—the secretary generally makes those entries—I do not know whether any instructions were communicated to the prisoner, except what are in this book—I understood the secretary had given him instructions—there are no printed rules connected with the prisoner's duty—he received his instructions from the society—he was employed in the gallery, during last season, for the sale of pictures—I saw him sell pictures from time to time—the price of these pictures would be entered by him in a book—I know of his selling pictures in the gallery during last season—he would enter the sale of those pictures in the books kept by the Art-Union Society—this is the price catalogue (produced)—it is in the prisoner's writing—No. 308 is "A Rock Scene, near Simon's Yat, in Monmouthshire," by J. Tennant; it is booked in the catalogue, in the prisoner's writing, fifty guineas—No. 563 in the printed catalogue is, "The First Venture," by W. Shayer; the price of it in the price catalogue, in the prisoner's writing, is thirty-five guineas—No. 435 in the printed catalogue is, "A Scene on Sevenoaks Common after a Storm," by Henry Boddington; the price of it, in the prisoner's writing, is thirty-five guineas—this other book (produced) is the register of works sold—No. 308 is "A Rock Scene, near Simon's Yat, in Monmouthshire," purchased by A. Boetefeur, Esq.; the prize in the Art-Union—it does not say the amount—No. 563, "The First Venture," by W. Winter, Esq., prize in the Art-Union—No. 435, "Scene on Sevenoaks Common after a Storm," by H. Hillier, Esq.; a prize in the Art-Union—this other book is a register of what the works are sold at—it is in the prisoner's writing in this book—No. 308 is, "J. Tennant—Rock Scene, near Simon's Yat, in Monmouthshire; 50l., and 1l. 5s. commission, at two and a half per cent."—this commission was due to the society for the sale of this picture—No. 563 is, "W. Shayer—The First Venture;" entered at 30l. commission, 15s.—No. 435 is, "Henry Boddington—A Scene on Sevenoaks Common after a Storm;" entered 30l., commission, 15s.—these are the entries of the prices at which the pictures are paid to be sold—I, as treasurer, receive from the prisoner the amounts which
he states to have received on these pictures—I received only these amounts—this is the ledger kept also by the prisoner—it contains the entries he has made with reference to these sales—here is "Received balance of No. 308, 10l.;" that means that the purchaser paid 10l. more than the Art-Union was to pay—the price the Art-Union was to pay for it is not down in the ledger—at No. 563 here is "Received balance, 5l.—No. 435 does not appear down—the prisoner paid these sums over to me as treasurer, and these are the only sums I received in respect of these pictures—this check (looking at one) has never been paid to me by the prisoner—here is the prisoner's writing on the back of it—I saw it once before in the hands of the solicitor.
Cross-examined by MR. CLARKSON. Q. Have you got any book which is sent forth to the public as denoting the price at which the pictures are sold?
A. No—I do not know that it appears in book No. 3, and that it goes forth to the public that the pictures sell at a larger price than they are marked at.
Q. Turn to 192, and tell and whether the picture was not first put in at 300l, afterwards sold for 37l., and then entered in the book as sold for 200l.?
A. It is entered, "J. Woolmer, 300l."—that is the price fixed by the artist as the price of the picture—in the register of works sold, No. 192 does not appear at all—(the prisoner here pointed it out to the witness)—here is No. 192, the picture was put in at 300l.—it appears to have been sold at 37l., in book No. 3—the commission on it is 18s. 6d.
Q. Is this the Art-Union Catalogue? (producing it.) A. Yes; these catalogues are published by the return made from the catalogue of the Art-Union—I imagine they take the prices of the pictures from the price-catalogues; and there 192 appears to be sold at 37l.—there is no book of ours which would enable the catalogue to state that it sold for 200l.—I do not think either of the gentlemen are here who put in these pictures—this paper (looking at one) is Mr. Hassetts' writing—he was the former secretary—the present secretary is Mr. Flint—he is not here—I believe none of the artists are here whose pictures the prisoner is alleged to have sold, and as to the sale of which he is alleged to have pout any money into his pocket—I am an artist—I think I painted two or three years ago, a picture, which I called "The Head of a Greek Boy"—I cannot recollect to whom I sold it—I think I have heard of a gentleman of the name of Bone, of Devonport—I might have sold it to him for seventeen guineas—it was sold in the gallery, to my knowledge—I do not recollect that I sold it over again, not the same picture, it is a common practice to make a copy.
Q. Did you not, in point of fact, send a copy to Mr. Bone, and send the original to the second purchaser? A. It might have been the case, if they are painted by the same hand—I acted according to custom—I did it deliberately—I think the second was the best of the two—the picture the first gentleman bought, he saw.
Q. Did you not sell to him a picture he saw, for seventeen guineas, afterwards sell the same picture to another man for ten guineas, and send Mr. Bone a copy, which you painted afterwards? A. It was painted at the same time, I consider, or thereabout—I may have painted a picture which I put in the Society for sale, and sold it to Mr. Bone for seventeen guineas, and afterwards sent it to a second purchaser for ten guineas; and afterwards painted another for the original, which I sent to Mr. Bone—I think it was so—at the last season, for 1847, I sold a picture to Sir Thomas Phillips, for ten guineas—I had another picture in the society at the same time, called "Dividing the Spoil," priced at 200 guineas—Sir Thomas Phillips agreed
for that—I had not received the money for the first picture of the Greek boy before I transferred it to another customer—I do not think I received a deposit on it—I do not recollect it—I had received 2l. of Sir Thomas Phillips on the small picture—I contracted to sell him the large one for 220l. and he sent to me afterwards to ask me to take it back, as it was not convenient for him to pay for it—I did not afterwards go to the prisoner and ask him to alter the 2l. deposit which I had received for the 10l. picture, to the other picture, that I might enforce the sale of it—I merely asked whether the 2l. could not be considered a deposit for the two pictures—that might be after Sir Thomas Phillips wanted to be off his bargain—I asked the prisoner whether he did not receive it for the two pictures—I considered it was on them—this letter contains the terms and conditions on which the prisoner was appointed to his office—(read,"He shall immediately communicate to any artist whose work are for sale, any offer that may be made of a price less than that inserted in the price-catalogue, and act on their instructions as to the sale of such works." "Sir,—On the other side I forward you a sketeb of the duties to be required of you for the office of keeper; you will perhaps be kind enough to produce the same at your next visit to the gallery on Monday next, should the members wish you to read the same before them")—the artists regulate the price of their own pictures; though they are put in at any price, the artist may reduce it to what he likes—one for 300l., being sold for 37l., is an unusual instance—there was a picture put for 150 guineas, and sold 80 guineas—if a picture at 100 guineas sells for 20 guineas, with the consent of the artist, the society is only entitled to commission on what it is sold for.
MR. EDWARDS. Q. Look at this letter, is this the prisoner's writing? A. Yes; it refers to Shayer's picture, No. 563—(read—"My dear Sir, I have only just time to congratulate you on anther of your pictures being added to✗ the sold list, No.563; 'The First Venture,' for 30l.—Yours always, EDWARD WRIXON.") It is a common thing for artists to make copies of their pictures—it is constantly done—the Greek's head, other picture, were the same size—there might be a little difference in value—Sir Thomas Phillips bought two pictures the same morning—I understood he paid a deposit of 2l.—I consulted my solicitor, and in consequence of what he said, I inquired whether I could enforce the sale of the two pictures.
MR. CLARKSON. Q. On the sale of pictures, is it customary for artists to meet at the institution with the prisoner, and send for cards and wine? A. That was introduced by the prisoner, but I did not approve of it—it was objected to—it was joined in by other members—I have joined in it myself.
ALEXANDER BOETEFEUR. I was a prize-holder in the Art-Union, in 1847, to the amount of 40l.—I went to the Suffolk-street Gallery—I selected a picture, price 50 guineas—the prisoner was in the room—I dealt with him for it—I gave him a check for 12l., the difference—this is the check I have since received from my bankers.
WILLIAN WINTER. I obtained a prize in the Art-Union, for 1847, of the amount of 25l.—I went to the gallery and selected a picture, price 35 guineas—I saw the prisoner there, and purchased it of him—I paid him the difference, 11l.15s.—I believe I paid him two 5l. notes.
HENRY HILLIER. I obtained a prize in the Art-Union, last year, to the amount of 30l.—I went and selected a picture there—the price of it in the catalogue was 35 guineas—I paid the prisoner there sovereigns in addition to the prize, that was 33l.
(The prisoner received a good character.
GUILTY.— Confined One Year.
(There was another indictment against the prisoner.)
822. PATRICK FOY, TIMOTHY DUGGAN , and RICHARD PRENDERGRASS , feloniously cutting and wounding Joseph Wayman, with intent to do him some grievous bodily harm.—2nd COUNT, with intent to resist the lawful apprehension of said Richard Prendergrass.
MESSRS. BODKIN and CLERK conducted the Prosecution.
PETER COWELL. I keep the Bricklayers' Arms, Whitecross-street. On boxing-day I was giving away meat and drink to my customers—there was a party of Irish people there—the house was pretty full all day—I heard that there was a trifling disturbance about half-past two o'clock—I went into the tap room, which is a considerable distance from the bar, and it was then all over—the Irish people were in and out of the tap-room until the evening—about eight, a large body of Irishmen, principally dressed as labourers, came—about thirty rushed into my house in a body—For was among them—I cannot say who was at the head, as two or three came in before I came from the tap-room—they were very violent, pushing about, crying out names, and looking for somebody to fight—one cried out,"I for Graney"—I know a man of that name, but had not seen him that day—they attempted to go into the tap-room—I put my back against the door, fearing there would be a conflict—I was knocked down, and beat very severely, I cannot say who by—I had a block eye—the women in the tap-room cried, "Morder!"—the police would not come in at first—they had not sufficient force—I went to the door, and the person who knocked me down was given in charge—the men then went out of the house together.
Cross-examined by MR. O'BRIEN. Q. Did you know either of the prisoners before? A. Yes, Prendergrass—in the confusion I did not see him there—I had never seen the man before whom I gave in charge—it was quite light where I was struck—I gave him in charge in front of the bar, not five minutes after I was struck.
MR. BODKIN. Q. Did the man you gave in charge get away? A. I believe he got away from the police—he was one of the thirty—I gave another man in charge—I did not know him.
JOSEPH PEET (policeman, G 125.) On 27th Dec. I was on duty in Whitecross-street, about right o'clock at night—I saw about forty men going—they all turned into the Bricklayer's Arms—when I got up to the door they were all fighting with one another—I took one door in each hand, and let as many as would come out, but I let none in—a great many were pressing to go in—I saw Foy and Duggan fighting with others in the house—Prendergrass was contending with Cowell, to make his way into the tap-room—he struck Cowell, who told me to take him for the assanlt—I said I could not, but would send to the station, and as soon as we had assistance we would do anything for him we could—he told me to take him, by pointing to him—all in the house were fighting—Cowell came into the street, and pointed our Prendergrass again to be taken—two policemen came up—there were then six of us—Prendergrass came to the door—I opened it for him to come out—
he took a very steady survey, then went to the tap-room, and said, "We are a match for them;" he then went to another part, and said, "We are a match for them, there are only five"—the riot continued—there were cries of "Murder!" and "Police!"—I went in—Prendergrass was given in Constable's charge—I cleared the front of the bar, went to the door, and saw our men on the ground, being beaten—I could not get to them, the mob were so fierce and thick—Prendergrass and Foy were on my right—knowing Prendergrass had been in charge before, I took him—he was pretty quiet a little while, but the mob on my brother constables were so fierce—I saw an Irishman with a constable's staff—I jumped at it, wrenched it out o his hand, and gave it to another constable—then Prendergrass began to struggle—we both went down—as I was getting up I received a most brutal kick just above the groin—I was lifted perhaps two or three yards by the force of it—I endesvoured to get up again, and received a kick in the small of my back, and was hurt in the back of my neck—I became insensible, and found myself upon another constable—I do not know how I got hom—I knew the prisoners before.
Cross-examined. Q. Did you go in immediately Cowie was struck? A. No, I was frightened—I went inside the door before he went out—Prendergrass was given into custody ten minutes after the blow was struck—I do not think it was a minute after he was struck that Cowie applied to me—there were thirty or forty men between me and Cowie—the first time I saw Prendergrass that night was when he was contending with Cowie—when I went out of the house he was two or three yards from the door.
MR. BODKIN. Q. How many people assembled? A. Two hundred, or more—the people were intimidated—the shops were all closed.
JOSEPH WAYMAN (policeman, G 147.) On 27th Dec., about eight o'clock in the evening, I was on duty in Chiswell-street, and saw fifty or sixty men come out of Milton-street—I followed them into Whitecross-street—Prendergrass and Duggan were close to me—they all went into the Bricklayers' Arms—I followed at some distance, and joined Peet in Chiswell-street—we found Hall, a constable, at the door—we all stood there—I could see inside—I saw Foy putting himself in a fighting attitude—I heard cries of "Murder!" from a back room—Cowell cam out to me—I begged him to wait till assistance came—Nicholas came up, there were the five of us—Cowell came again—we then went in—I saw a great many people fighting in front of the bar—Foy was there, making himself very active—I heard something like threats, but could not hear the words—Constable took a man whom I cannot identify—I assisted in getting him out of the mob—I do not think I laid hands on him—he was taken into the street—the mob all rushed out—I followed—I was drawing my staff to keep the mob off from rescuing the prisoner—it was taken out of my hand behind me—I was knocked down and struck behind the head all in a moment—my staff was sound then; it is now shattered all to pieces; part of it is gone, I did not see it again that day—I got up on my hands and knees, and received several kicks in the groin, on the jugular vein, and the back—I cannot say who by—I remember seeing Foy just behind me, when I was just at the middle of the door-post—he was almost touching me when I was drawing my staff—I became senseless and was taken to a surgeon's, and am unable to resume my duty still.
Cross-examined. Q. Could you see inside without pushing the door open? A. No—I did not see Cowell struck—I was about sixty yards from the mob when they went in—I believe every one went in when my staff was taken—I
do not think there was any one between me and Peet, but Foy—I do not know how many were in the house then—I did not go into the back room.
MR. CLERK. Q. The men were not in your charge? A. No—I cannot say one of them was not Prendergrass.
WILLIAM ELSTON (policeman, G 246.) I went to the public-house from the station and found a large mob—I went in, and saw Prendergrass in Constable's custody, in front of the bar—there were very few people in the house, but many outside—Prendergrass was brought out by me and Constable—Wayman was close to Constable, and Peet after him—he was knocked down a minute after he got to the door, I did not see who by—I saw Foy kick him about the shoulder or face, as he was in the act of getting up—Foy stood on the pavement, about a yard from the door—we had Prendergrass in charge then—I, Constable, and Prendergrass were knocked down by the crowd rushing on us—Foy and Duggan were then in the mob—I kept hold of Prendergrass, and he kicked me in the right eye—I got up, and received a blow in the nose from Prendergrass—Foy struck me on the side of the head, and I was knocked down again, and obliged to leave go of Prendergrass—I was getting up, and was struck again by Foy—I escaped, and met some other officers, with whose assistance Foy was taken on the spot—I did not see Prendergrass after he was rescued till he was at the Police-court several days after.
Cross-examined. Q. Had you ever seen him before? A. Not that I recollect—there might be five or six persons between me and Wayman when he was knocked down—I was engaged at the time.
WILLIAM SAUNDERS. I live at Mr. Basley's, a butcher, in the Commercial-road. On 27th Dec., about eight o'clock, I was in Whitecross-street, and saw people come out of the public-house—I saw Wayman against a shop, where I was at work—I did not see him come out of the public-house—a man took a staff out of his hand, and hit him with it on the back of his head—he fell, and as he was about getting up again he kicked him under his right jaw—I helped him up, took him into a milk-shop next door, and told a doctor—I was three yards from him, behind him—the man was on the curb behind him.
Cross-examined. Q. Was Wayman out in the street? A. Yes, about four yards from the public-house door—I was not above three yards from the door—there were forty or fifty people there.
WILLIAM CONSTABLE (policeman, G 81.) I went into the public-house with the officers—a great deal for fighting and quarrelling was going on—I saw all the prisoners fighting—Cowell gave Prendergrass in charge to me, Peet, and Elston—when we got him out he was rescued from us by the mob—Foy was the principal—he was striking everybody that came in his way—the others were encouraging and inciting the mob—Duggan kicked Pest—Wayman and Peet fell down together—I was knocked down by the mob, and kicked in the eye by Foy while I lay on the payement—my eye was closed for several days—my right temple was cut—I was hurt in the groin and ribs—I was carried to a doctor—I knew Prendergrass before.
JOHN BUBBERS MATHER. I am surgeon to the G division of police. On the evening of 27th Dec. I was called to Wayman's house, and found him very severely injured—he had a cut on the head three inches and a half in length, which denuded the skull bone—a blunt instrument, such as a policeman's staff, might have inflicted it—I found a severe injury to the neck and his saw was fixed, so that he could not open his mouth for fourteen or
sixteen days—he had also been kicked in the ribs and at the back of the head—I considered his life in danger—he is still under my care.
FOY— GUILTY. Aged 29.— Transported for Ten Years.
DUGGAN— GUILTY. Aged 21.— Confined One Year.
PRENDERGRASS— GUILTY. Aged 20.— Confined Eighteen Months.
(There were three other indictments against the prisoners, for assaulting the officers.)
OLD COURT—Friday, March 3rd, 1848.
PRESENT—Lord Chief Baron POLLOCK; Mr. Justice COLTMAN; Sir PETER LAURIE, Knt., Ald.; Mr. Ald. GIBBS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Second Jury.
GUILTY.— Transported for Seven Years.
824. JOHN DAVIS , stealing 1 watch, value 6l. 6s.; the goods of George Fitch, in his dwelling-house; also, 1 watch, 5l. 15s. 6d.; the goods of William Eardley Cribb, in his dwelling-house; also, 1 watch, 4l. 4s.; the goods of William Snosswell; also, 1 watch, 3l. 15s.; the goods of Frederick Voight and another: also, 1 watch, 4l. 4s.; the goods of Henry Lemmon and another; to all which he pleaded
GUILTY. Aged 26.— Transported for Seven Years.
825. ROBERT MILES and WALTER HOUGHTON , feloniously assaulting Edmund Pollard; putting him in fear, and stealing form his person 1 handkerchief, value 5s.; and beating, striking, and using other personal violence to him.
EDWARD POLLARD. I live at Fan's-place, Fulham. On 21st. Feb., about ten o'clock in the evening, I was crossing Hyde-park with James Young, and saw the prisoners with a gang under a tree, about twenty yards from the path—the prisoners came up to us—they attacked Young, wanted his money, knocked his hat off, and kicked it about—Miles said, "Money we want, and money we will have"—I said they would have none from me—Miles struck me on the nose, put his hand into my pocket, took my handkerchief, put it into his jacket pocket, and they ran away together—my nose bled—we ran after the prisoners, and never lost sight of them—a policeman took them—we gave them in charge—my handkerchief has not been found.
Cross-examined by MR. BALLANTINE. Q. How many were there? A. About fifty—we followed two, and came up to them in the Edgware-road, walking and talking together—I could not hear what they said—I had not known them before.
JAMES YOUNG. I was with Pollard crossing the park—there was gang of about fifty boys under a tree—the prisoners came forward—a party struck me—he got away—my hat was knocked off—both the prisoner's kicked it—I did not see Pollard struck—turned round and saw the prisoners just going from him.
JOHN GRAINGER (policeman, D113) I saw the prisoner with three others in the Edgware-road, walking and talking—Pollard came running up the middle of the road, bleeding from the nose—the front of his coat was saturated with blood, his nose was much swollen—he said, "Those two boys beat me, and took my handkerchief from my pocket in Hyde-park"—I followed and took them—Miles threw a yellow handkerchief out of his pocket—not the one in question, and said, "I know nothing about it, take your handkerchief"—at the station, Houghton said to Miles, "I do not know what you have done, I was not there; you know I did not meet you till you were coming out of the gate; I did not see any handkerchief, and did not have any."
Cross-examined. Q. You did not tell the Magistrate Miles took a handkerchief out of his pocket? A. They may have omitted it—my deposition was read over to me—I may not have said it—it might have escaped my memory—I have been in the police nearly thirteen years.
Before Lord Chief Baron Pollock
MESSRS. BODKIN and CLERK conducted the Prosecution.
SAMUEL RANDALL FULCHER . I am a private in the 2nd battalion of coldstream guards. I knew the deceased, Henry Ducker, perfectly well—we were in the same battalion—on 4th Feb., at four o'clock in the afternoon, the deceased left the Willington-barrack gate just before me—that leads into Birdcage-walk, close by the chapel—as I went out, I saw the prisoner about three yards from Ducker, following him towards Queen-squaregate—I did not hear them speak—I turned into Queen-square, and heard a reported of fire-arms—I did not go back.
Cross-examined by MR. CLARKSON Q. Was Ducker a companion of yours? A. No.—he formerly belonged to the same company, to the 6th—I have known the prisoner six months—I did not know that Ducker was acquainted with her—a man named Pollard was following her—he is not here—he was in my regiment—there are military regulations which prevent soldiers marrying up to certain time—you cannot marry without leave from the commanding officer, there is no period named as to the time of being in the regiment—I never knew Ducker in prisoner—I recollect his being in the furlough for fourteen days, and taking twenty-eight, and being apprehended as a deserter and sent to prisoner—that is the only time I knew him in prison—he was not constantly in prison and in the blackhole—I was not with him on boxing-day, and did not see him at night when he came home—I did not see him afterwards with his epaulettes, face, and clothes all over blood—I never saw him drunk—I cannot say he was never confined for being drunk—he was in the regiment nearly three years—he was servant to Colonel codrington part of that time—he is not here.
JOHN GARWOOD. I was in the same battalion as Ducker. On 4th Feb. we went out at the barrackgate at the same time—I saw the prisoner standing outside against the railings—I had seen her in the passage of the barracks between five and seven o'clock the day before, and I had seen her in Ducker's company once in Jan.—as we went out of the gate I was about four yards behind Ducker—I cannot say whether he saw the prisoner—they did not speak—in about a quarter of an hour I heard the report of a pistol—I turned round and saw Ducker fall.
Cross-examined. Q. Can you say exactly the time you saw the prisoner on Thursday night? A. I think it has struck six—it has nearer six than seven—I has been intimate with Ducker—we were in the same company till last summer—I do not know of his being a rackety ill-conducted man—I do not recollect his being in prison—if he was in prison as a deserter I was not at home—I was not with him on boxing-day—I do not know of his being in prison since then, or of his being in the regimental hospital with a bad complaint—I do not know what his conduct was latterly.
SARAH SEXTON. I am servant at 29, West-street, Pimlico. On 4th Feb., about twenty minutes to five o'clock, I was walking along Birdcage-walk—I saw the prisoner with a pistol in her hand—she fired it at a soldier, who was about two yards from her—he fell, and she threw it down, and walked away towards the palace.
HENRY KILLINGTON. I am a coachmaker. On Friday afternoon, 4th Feb., I was in the enclosure in St. James's-park, near Birdcage-walk—I heard the report of fire-arms, and saw the prisoner, I believe, with a pistol in her hand, behind the soldier, who was falling forwards on his face—she threw it down—I turned round, came out of the enclosure, and walked towards the palace—I saw a policeman come up and stop her—I heard her say she had done it, and she intended it, or something of that kind.
THOMAS MITCHELL PAUL (policeman, A 80.) I was on duty is Birdcage-walk, on 4th Feb.—I and Richards took the prisoner into custody—she said, "I did it"—I said she must come back, and go with me—in going to the station, she said, "I did it; I intended to do it; I have intended to do it a long time"—she inquired if he was dead—I said I believed he was.
WILLIAM LOVE. I am a sergeant in the second battalion of Coldstream guards. I knew Ducker upwards of two years—he was about twenty years and nine months old—in consequence of a communication I went into Birdcage-walk, and saw his dead body—it was carried into the barracks—I found these letters (produced) in his knapsack, and gave them to the police inspector—I am acquainted with Ducker's writing—these other letters are his—I have hardly confidence enough to say whether the address on this one is his.
Cross-examined. Q. Was not Ducker a rackety irregular soldier? A. Not at all—I confine my observation to military discipline—he certainly did run away—he was imprisoned for absence without leave—I do not think he was tried for desertion—there is a difference between absence without leave and desertion—I cannot say that he had leave of absence for fourteen days, or that he staid away twenty-eight—he was tried and imprisoned—I am not able to say whether he was imprisoned again on boxing-day—he had not been long enough in the service to have a stripe—he would not have one under five years—I do not know of his being in the hospital with the veneral disease—I am not acquainted with what the diseases of soldiers are.
ROBERT BECKERSON (police-inspector A.) On 4th Feb. I was on only a the station—Paul brought the prisoner there—I took the charge—it was for firing a pistol, loaded with powder and ball, and causing the death of Henry Ducker—she gave me three letters, and requested me to read thus large one—she took a pistol-bag out of her breast and gave it me—this pistol (produced) was brought to the station—she gave her address, 40 Albion—street, Hyde-park-gardens—on 10th Feb., I went there, and saw Mrs. Curtis, who pointed out a writing-desk, in which I found these letters (produced.)
MRS. CURTIS. I live at 40, Albion-street, Hyde-park-gardens. The
prisoner was in my service, and had been so for fourteen days—on 10th Feb., inspector Beckerson came to my house, and I pointed out to him the prisoner's desk.
JOSEPH SKELTON. I am assistant-surgeon to the second battalion of Coldstream guards. On 4th Feb., I was called to see the body of Henry Ducker—he was in the barracks—he was quite dead—I subsequently examined his head—there was a great deal of blood around the wound—there were two wounds, one at the back of the head, and a corresponding one in front—it was such a wound as would be produced by a ball passing from the back of the head to the front—it was sufficient to have caused instantaneous death.
Cross-examined. Q. Were you the surgeon who attended at the hospital on any occasion when the deceased was there? A. I have no recollection of his ever being there—I have heard that he has been in the hospital, but not on any occasion when I have been on duty—I do not think there is anybody here that knows of his being there.
ANN LEGG. I am in the service of a family in Northumberland-street, Strand. I was acquainted with the prisoner—I became acquainted with her shortly before Christmas, when she was living with a family in the same street—on Thursday, 3rd Feb., I met her by accident in Birdcage-walk, at nine o'clock at night—she said, "You are just the very person I want to see; I have been to your house, and you were not at home"—she said, "Henry and me has parted"—I knew who she meant, it was Ducker—she appeared to be very angry with him—she then drew a pistol from under her cloak, and said, "I have bought that for Henry"—I thought she had bought it as a present, and I asked her if he would not have it—she said, "No; he will not have it now, but he shall have it"—I then asked her if she was aware of the consequences—she said, yes, she should suffer for it, and it would be a warning to others—she tendered me a letter, which she had sent to him, and he had returned it to her again, and she had 2d. to pay for the postage—she said that he had had 2l. from her since Christmas, and she had only 9s. left out of her last quarter's wages—she then said she should call on me again on Sunday, she should do it then—I told her that her heart would fail her before then—she said, "No it will not; I have bought it for him, and he shall have it"—I parted with her at Hungerford-market—I saw her get into a bus there, and I went home—I neither saw nor heard anything more of her until she was in custody—I told my fellow-servant of this conversation on Thursday evening, and on Friday morning, at ten, I acquainted my mistress of it, and asked if she would let me go to Eaton-square to tell the prisoner's uncle of it.
Cross-examined. Q. Whose service do you live in? A. Mrs. Gillett's, 22, Northumberland-street, Strand—I was not examined before the Magistrate—it was in Birdeage-walk that I met the prisoner—that is close by the barracks of the guards—I was coming from Westminster along from Westminster-bridge—I was sometimes in the habit of going to the barracks—I had been close by the barracks that day—I had had a day's holyday—I left home at eleven—it was not a day's holyday, but an afternoon's holyday, from about three—I had been to Greenwich that afternoon—the prisoner called at my mistress's house between five and six—I did not mention this to a Mr. Cobb—I do not know him—I had not been acquainted with Ducker—I had seen
them together three or four times—I understood from her that they were keeping company together—I cannot say that she said he had promised to marry her—I did not know from her that she had had the venereal disease—she did not tell me so, nor that he had told her he believed she was with child—I did not think she meant what she told me about having bought the pistol for him, and he should have it; not from any part of the conversation—I never learnt from her that he wanted her to pawn her clothes, and go upon the streets for him, but that he was constantly getting money from her.
JAMES BEATTIE. I am a gunmaker, at 205, Regent-street. On Thursday evening, 3rd Feb., the prisoner came to my shop about ten minutes before eight—she wanted a pistol—I told her at first that I had not got a single pistol, I had pairs, but it would not answer my purpose to part them—she said she wanted one to shoot a Newfoundland dog—I said I had some old pistols lying in my back warehouse, that would do for that as well as going to 2l. or 3l. for one, and that I could sell her one for a few shillings—she said her brother would have come for it, but he was lame and could not get out—I said it was not often usual for ladies to come and buy pistols—she said no, she did not suppose it was—I showed it her, and told her the price was 10s.—she wished to have it loaded—I said she had better allow me to send one of my men to shoot the dog—she said, "No, it is too far; we live at Hackney; though my brother is lame, he is quite capable of shooting the dog"—I loaded the pistol with a ball, put it into a bag, and then in a sheet of brown paper, and tied a string round the lock, so that it was impossible for any accident to occur—this is the pistol, (produced, and this is the bag in which I placed it.
ALICE BURNETT. I know the prisoner—I have seen her write so as to know her handwriting—(looking at several letters) I believe these letters to be her writing—(read—"Dear Madam,—I am very sorry to leave you this afternoon; but I can assure you it is all love that makes me do it. Revenge is sweet, when you can have it; and you will know this evening what becomes of me. I can assure you I could make myself happy in serving you; but I can assure you my love is too great as not to have my revenge. It will be a warning for other young men not to deceive a girl as this one has deceived me. Dear Madam, I remain your humble servant, ANNETTI MEYERS.")—(Letter from the deceased to the prisoner, addressed, "Miss Meyers, 40, Albion-street, Hyde-park, London:—Wellington-barracts Jan. 28, 1948. Dear Annette,—I now address a few lines to you, hoping, they will find you in the enjoyment of good health, as it leaves me at the present time. I received your letter, and I should have answered it sooner, but I have been on duty. I will be at the little gate on sunday afternoon, at a quarter past-three if all be well. I am sorry to hear you have got such a bad place; but I hope it will be better. I must conclude with my kind love, and believe me to be, your affectionate lover, HENRY DUCKER.")—(The following letter was found, in an envelope, in the prisoner's desk, addressed, "Miss Meyers, 40, Albin-street, Hyde-park park, London."—"Monday evening. My dear Henry,—I take my pen in hand to write these few lines, to tell you my mind. I must say there is something the matter with you, as Sunday afternoon you did not as much as offer me your arm. We walked like we did know much of one other. People must have thought so to see us; and, another thing, for you to tell me you would go to see that young woman, and you would get some money. Was it kind for me to give you some? But I do not like such ways; and
you say if she had not got any money she would lend her things; more fool her. No young man would make me do such a thing, except it was for some good motive; but I think, if any young man wished a young woman well, and his meaning is good to her, he would not wish anything of that kind from her. Henry, for you or any other young man, I would not do such things; and if you are not ashamed of it, I am; as I never can give you aught. Look back since Christmas how much you had from me; and so, if that is all the love you have for me, I do not care for such love, I know you care more for that young woman than you do for me, because she can give you more money than I can: she gets it easier than I can. She does not get it in service. You know it very well, that no other man but you had my company since you wished for my company; but you can please yourself, and go and see her or any other young woman that can give you more than I have; but please to give me back what you have of mine, that is, two books and the pencil that you have; but I wish to see you once more, to part friendly. You had the face to tell me one day that I could not do without you or other men. I have done before, and I know I can do now; but I am sure you cannot do without a woman. Henry, do not be afraid to face me once more, for the last time, and write to me here. I home she will be more kind to you than what I have been. One day you had the face to tell me that I had done nothing to what some had. I done all what lay in my power, and I am not going to do what they do to raise you some money. I did not let you do what you liked to me because I thought of getting some money, no! but it was because I kindly loved you; and what did you say to me in the park the last evening? I little thought that I should have to write such a letter to you as this Henry our case will be a warning for others; you will see what kind love means soon, Henry; but do not be afraid, I am not going to do anything to you; all I wish for you to do is, to see you once more. When I asked you on Sunday if I should see you next Sunday, you said, 'It all depends;' but you did not say what, but I can think what. If you like to come next Sunday, at half-past six o'clock, I shall be able to go out then. We can make it the last time to see one another; but please to let me know, as I must tell mistress in time that I want to go out at that time; and if you have not get a penny, as you say, you can send your letter without paying for it. I hope I have said enough for you to think what your meaning are to me. No more. God bless you! Do not forget what I told you. I will still remain yours till we part, next Sunday, or before, if you like to come; and I am, yours affectionately, ANNETTE MEYERS.")—( Several other letters were put in, from which MR. CLARKSON read the following:—"Northumberland-street. My dear Henry,—Your own feelings will explain to you how welcome your dear letter was to your own affectionate Annette; and how grieved I was to learn that you were compelled to be on picket and guard on Wednesday; but I know the duty must be attended to; but, my dear Henry, be assured, that whether together or absent, your Annette is, and will be, eternally and affectionately, your own. Should any obstruction arise, it must spring from yourself alone, as my happiness or misery in this would depends entirely upon your conduct; my very existence being interwoven with your well-being and your general prosperity. My dear Henry, I am afraid that I am thinking too must of you. You know I always did love you from the first I saw of you, and from the first Sunday I saw of you; but I never said so; but now I say so; for true confession is good for the soul. Dear Henry, I hope you are not making a fool of me. If you do not mean to be honourable to me, say so at once; because I can
assure you you will not make a fool of others; you know what I mean by that; but if I know your heart is with me, I shall then be happy, and I shall not care what I do for you. Anything that you want done, say so; with the greatest pleasure I will do anything for you. My dear Henry, I cannot, get to see you to-night, it is so foggy. I am very glad you are not upon guard to-night. I hope it will not be foggy to-morrow night, Wednesday night I mean. I will go to see you. Be one the look-out about seven o'clock, as you wished me to go. Dear Henry, when you wrote your letter you had no love to send me. Perhaps you send it to another; but I hope not. Now I have sent you my best love. I hope these few lines will find you in good health, as they leave me to-night, thank God for it. Dear Henry farewell! May Heaven watch over your health, and speedily conduct you to the arms of your faithful and affectionate and loving girl, ANNETTE MEYERS.")—("10, Northumberland-street, Sunday afternoon. My dear Henry—this comes with my kind love for you. I hope you are better, still better than you were last Thursday, when I received your letter, and I have answered it the same night, for you to have my letter on Friday morning, and I thought I should have had an answer from you yesterday, but my lookings were all in vain. I hope you had my letter on Friday. I have sent you the postage stamps and an envelope too that you asked for, and I hope I have not said anything to affront you; if I have, I did not know it; perhaps you will tell me if I have, Do please to favour me with a few lines, and tell me if you are better, and if you had my letters, and when you think you will come out. Oh, Henry! I wish we had a home of our own, then I could nurse you, and soon well, and cheer you up. Oh! Henry, if that happy day do ever come, oh! how happy we shall be, with the blessing of God—with the blessing of God, I hope that day will come when we may meet to part no more, till death parts us. Henry, I should like to know you thoughts upon that matter of business—I wish I could read in your heart to know your thoughts about it—do open your heart at once and tell me—do not deceive me, dear Henry, you know I have heard a great many things about you, but you see I have not believed one of them; we will forget all that has passed, and think of what is to come—all is past and ended, we will learn to be more wise. Dear Henry, I am going to Eaton-square this evening and I am going to leave this letter as I pass at your barracks, for you to have it to-morrow morning; then, I hope I shall have an answer on Tuesday morning, if all is well. Dear Henry, I hope those things you have got of mine are quite safe. Dear Henery, my cold has been very bad, but it is better today, thank God. I cannot write any more this time, but with love to you. Do write, dear Henry. Yours, most affectionately, ASSETTE METERS.")
GUILTY . Aged 26.
Strongly recommended to mercy by the Jury, on account of the extraordinary provocation and ill-treatment that she had been the subject of.
Before Mr. Justice Coltman.
MESSRS. BODKIN and CLERK conducted the Prosection.
TIMOTHY NICHOLLS. I was a seaman on board the brig Simpson. The prisoner was an apprentice—there was also an apprentice named. Walter Jenkins—on the 24th Dec. the vessel was in the Mediterraneam, of Tunis, out
of sight of land—while on deck I heard a noise in the forcastle—I went there and saw Jenkins coming up the ladder with a panikin in his hand—I did not see the prisoner then—Jenkins went back, and I went down—I heard the prisoner say, "If you touch me again, I will have the life of you, so I will"—Jenkins then put his panikin on my chest, and went towards the prisoner, who was standing by the said of his bulk on which he slept—the prisoner turned round from us, then turned his face towards us, and he had a knife in his hand—I did not see it in his hand when I first went down—he used to keep it hung by the side of his bulk—he was standing close alongside his bulk, near enough to reach the knife—as Jenkins went towards him, I saw him thrust his hand forward, with the knife in it, towards Jenkins' belly—Jenkins cried out that he was killed—he unbuttoned his trusers, and I saw an incision in his belly—there was no blood then—he went up on deck—about ten minutes after I saw the entrails protruding out—he was then is the cabin—he was put into a berth—the prisoner was secured, and the course of the ship was altered—we came up to Tunis in two days—Jenkins was put on shore—he seemed very ill then—I assisted in taking him to the hospital—he was left there, and we came to England—I know the knife—it belonged to the prisoner at the time—he had exchanged it with Watson.
Prisoner. Jenkins put his hands round my neck and wanted to choke me, Witness. I was not there then—he had beaten you several times before.
JAMES WATSON. I was a seaman on board the Simpson. I remember this matter happening when we were off Tunis—Jenkins and the prisoner were in the forecastle, and I saw Jenkins strike the prisoner with a piece of rope, for or using his panikin—the prisoner told him if he did that again he would have his life—Jenkins was going up the ladder, and when he heard that he came down again, went towards him, and struck him again—I cannot say whether it was with his fist or his open hand—the prisoner went and got his knife, which was hanging alongside his bed—he had got it before he was struck as Jenkins was going on deck—it hung a few feet from where he was standing—it was not within reach—he had it in his hand when Jenkins struck him the second time, and he then stuck the knife into Jenkins, who called out, "I am ruined"—I examined his belly, and found his entrails handing out—I tried to put them in, but could not, the wound was too small—I carried him to the carpenter's berth, and put him in there—the course of the vessel was altered towards Tunis, which was the nearest post—Jenkins was there landed, and taken to the hospital—this happened on the Friday, and we landed him on the following Monday—we then came on to England—Jenkins was an apprentice as well as the prisoner—he was an older and stronger person.
Prisoner. Q. Did not he put his hands round my neck, and want to choke me? A. Yes—that was before Jenkins went on deck—I believe you were going on deck to tell the skipper, when you were pulled down by Jenckins and struck with the rope.
COURT. Q. That was how it begun, was it? A. Yes; he was going to complain of being throttled.
Prisoner's Defence. Jenkins used to be always beating me; he was an older apprentice than me.
GUILTY of assault only.— Confined Six Months.
Before Lord Chief Baron Pollock.
Before Mr. Justice Coltman.
829. JOHN MARTIN and JOHN CONNEL ., feloniously breaking and entering the dwelling-house of James Paine, and stealing therein 1 dressing case, 1 chain, 4 rings, 2 pairs of bracelets, and other articles, value 10.l., the goods of Caroline Riebau Paine; and 9 pairs of gloves, 7 handkerchiefs. and other articles, value 10l., and 1 sovereign, 3 half-sovereigns and 19s., of James Henry Paine, and 1 shawl, 1 purse, and 9s. of Eliza Hoyes; to which
CONNELL pleaded GUILTY.** Aged 36.— Confined Two Years.
MR. PARRY conducted the Prosecution.
CAROLINE RIEBAU PAINE. I am sister of Mr. Paine, a music-seller, of High-street, in the parish of St. Marylebone. On 7th Feb., about seven o'clock in the evening, I went up stairs—when I got on to the landing I saw Connell standing at my bed-room door with a large bundle—he had just come out of the room—I asked with he did there—he knocked the candle out of my hand, knocked me down into the adjoining room, and he fell over me—he was then in the same room with me—he shut the door—I jumped up, opened it, and rushed down stairs—it was on the third floor—I did not see him again till he was in custody—I saw this bundle(produced) on the landing—this dressing-case is mine, and was in my bed-room—I afterwards examined my bed-room, and missed some rings from my dressing-table, and a pair of bracelets out of the drawer—they have not been found—two men followed me down stairs—I cannot positively swear to Martin, but a man like him, with a hat on, passed me at the bottom of the stairs, and went out at the private door—I found another bundle in my brother's room—I gave both bundles to Steed—one was tied up, and the other partly so.
Cross-examined by MR. PAYNE. Q. How many times did you fall in coming down stairs? A. Twice—there is a long passage between the bottom of the stairs and the street door—I was on the mat when the man passed me.
JAMES HENRY PAINE. I live with my father, James Paine, a musicseller, in High-street, Marylebone. On 7th Feb., about seven in the evening, I heard a scream, and then heard the private door bang violently, it shook the whole house—I ran out and saw a person run past the shop window—I followed him to Beaumont-street, calling "Stop thief!"—he wore a frock-coat—I was about two houses from him—he went into Bowling-street—I saw him stopped by Cameron—I had lost sight of him for a minute or two, as he turned the corner, but when I went round he was still running—Martin is the man—Cameron brought him to me—I said, "That is the man, hold him tight"—I have examined the bundles—this list of articles was taken at the police-office (produced)—here are dresses, aprons, all kinds of wearing apparel, a gold ring, and other articles, most of which belong to my sister, and some to myself—they are worth altogether nearly 50l.—I found a hat in my bed-room, which I gave to the policeman next morning.
OTHO HENRY STEED (police-sergeant, D 1.) These two bundles were given me by Miss Paine—I took them to the station.
FREDERICK KING I am in the employ of Mr. Clark, a grocer, of 60, Beaumont-street. On 7th Feb., about a quarter-past seven o'clock, I saw a man running towards me, six or seven yards from me—he was two or three
hundred yards from Mr. Paine's—you turn out of High-street into Wayman-street, and then into Beaumont-street—the policeman called out, "Stop him"—I put down a load which I had—the policeman had then taken him—I did not see his face to observe it distinctly—Martin is the man—I saw him throw away a box of matches when he was stopped—I picked it up and gave it to the policeman.
Cross-examined. Q. Was the policeman following him? A. yes—there was a crowd after the policeman, but they did not come up till after he was taken.
JAMES CAMERON (policeman, D 224.) On 7th Feb., about twenty minutes past seven I was in Beaumont-street, heard a cry of "Stop thief!" and saw Martin run past me from Bowling-street—he would have to go into Bowling-street to get from High-street into Beaumont-street—he ran up Beaumont-street as fast as he could—I ran after him and caught him before he had got ten yards—Mr. Paine came up—Martin said he had done nothing.
Cross-examined. Q. Did Mr. Paine say, "That is the man?" A. Yes—it was previous to his coming up that Martin said he had done nothing—he had a hat on—I have not altered my evidence to make it agree with Mr. Paine's—Connell was taken without a hat.
MR. PAINE (re-examined.) Martin ran into Bowling-street, then into Wayman-street, which is a continuation of Bowling-street, and was taken in Beanmon-street—suppose the man I saw at the window was the thief—there was no cry before I cried "Stop thief!"—I saw no one running when I started but Martin.
Connell. I am guilty, bit Martin is innocent; he was not the second person.
Before Lord Chief Baron Pollock.
MR. WILDE conducted the Prasecution.
MICHAEL MOORMAN. I live at 3, Charles-street, Millwall, Poplar. Last Friday, I was at Brown and Lennox's anchor-manufactory, the prisoner and his brother were there—the prisoner was very much intoxicated—his brother was persuading him to go home—he would not—he said he should work it off, but instead of that he got more drink, and got very intoxicated—his brother said he should go—he did not take hold of him—he said he would not, and hit him on the head with a hammer.
Cross-examined by MR. PAYNE. Q. How near was his brother to him then? A. they were almost close together—he spoke loud, as if he was determined he should go.
JOHN NATHANIEL MESSINA. I am a surgeon at High-street, Poplar. On Friday week I examined Benjamin Shore's head—there was a contused wound, it was not dangerous, and a small incised wound on the side of the head—there was a slight concussion of the brain from it—he recovered in a very short time—neither wound was very important.
GUILTY of an Assault. Aged 18.—Recommended to mercy by the Prosecutor.— Confined One Month.
NEW COURT. Friday, March 3rd, 1848.
Before Mr. Recorder and the Fifth Jury.
GUILTY.Aged 53.—Recommended to mercy by the Prosecutor.— Confined Seven Days.
(No evidence was offered.)
833. JOHN HUGHES , stealing 1 gown, value 2s.; 1 shawl, 16s.; 1 Victorine, 15s.; 1 towel, 1s.; 1 curtain, 2s.; 1 pair of drawers, 2s.; 1 apron, 1s.; and 1 sugar-basin, 2s.; the goods of Jane Charlton: also, 1 smoking-pipe, 2s.; the goods of James Tidy: to which he pleaded
GUILTY. Aged 23.— Confined One Year.
GUILTY. Aged 28.— Confined Six Months.
BENWELL pleaded GUILTY. Aged 14.— Confined Three Months.
NEWBOLT* pleaded GUILTY. Aged 17.— Confined Six Months and Whipped.
836. ELIZA DAVISON , stealing 1 watch, 16 spoons, and other articles, value 20l.; the goods of Frederick Cowles: also, 1 feather-bed, 1 gown, and other articles, 5l.; the goods of William Walter, her master; to which she pleaded
GUILTY. Aged 31.— Confined One Year.
GUILTY. Aged 24.—Recommended to mercy.— Confined Seven Days.
WILLIAM WILLIAMS (policeman, D 141.) On 18th Feb., I was on duty in Sale-street, Paddington, about a quarter-past five o'clock in the morning and saw the prisoner standing behind a cab that was passing me, with three parcels on the roof—I saw him reach off this parcel, then jump down, and run along Cambridge-street with it—I called, "Stop thief!"—he dropped the parcel and ran into the Edgware-road—I took him—he said, "I am a
respectable man, I know nothing about it"—I had asked if he knew anything of the parcel he had dropped—I never lost sight of him.
JOHN SELLERS. I am a brewer, at Lyme Regis. I and my wife came up by the mail-train to the Paddington-station, and were inside the cab, going as witnesses to the House of Commons—this basket was on the top of the cab—it had a ham in it, a pair of lady's boots, and a pair of gentleman's slippers—I missed it—this is it, and its contents are mine.
GUILTY. Aged 20.— Transported for Seven Years.
WILLIAM BOSLEY. I live at 25, York-street, Commercial-road, and am a porter. On 8th Feb., at a quarter past six o'clock in the evening, I was coming down Holborn-hill—I saw the prisoner following a gentleman, and a young lad of the same size was by his side—the prisoner caught the tail of the gentleman's coat with one hand, and with his other took a handkerchief from his pocket, and placed it in his breast—I told a policeman—the prisoner saw me speak to him, and ran away, and the officer after him—I told the gentleman—he said yes, he had lost a handkerchief—he did give his name or address—he said he should not trouble himself about it.
Cross-examined by MR. PAYNE. Q. What sort of a handkerchief was it? A. Rather dark—it looked worth about 2s.—the policeman was a stranger to me—I never spoke to him before—I swear I live at 25, York-street East, Commercial-road—the policeman has been there—I work for Mr. Marsh, of 84, Houndsditch—he employs me regularly when he wants me—I was working for him all last week—I had been that night to Cursitor-street, to fetch a book—I met the policeman afterwards—he said to me, "Do not forget to come to-morrow"—he did not say, "I will give that fellow a jacketing"—we went and had a drop of gin—I had not been often with him—I have seen him once since—I was in Holborn on business, carrying parcels for Mr. Marsh—I had not to pay 1s. 6d. a-week for hurting the arm of a boy named Sullivan—I was not had up at Guildhall in Nov. last—I know Moor-lane—I did not say I lived there—the gentleman who lost his handkerchief was rather taller than myself; his coat looked like a dark olive—I do not know what buttons he had—he had a black hat—I did not notice whether he had a hat-band, or whether he had boots or shoes—York-street East is the third or fourth turning in the Commercial-road on the left hand—a person named Hodson keeps the house—I have not been often with the same policeman up and down Holborn—I never saw him before that night, to my knowledge—I never was with him at all.
WILLIAM COVILL. I am fourteen years old—I live 45, Grosevenor-street, Commercial-road. I was in Holborn on Tuesday, the 8th of Feb.—I saw the prisoner lift a gentleman's coat up and take a handkerchief out—he put it in his bosom, and walked on one side—as soon as I saw him do it I spoke to the first policeman I saw—as soon as the policeman went up to the prisoner he ran away right up Holborn, and down Fetter-lane—I had him in sight till he got round a court—I could not run quite so fast as him—I am sure he is the same person—I had never seen him before—it was not a minute after I lost sight of him before he was taken.
Cross-examined. Q. Did the policeman run after him? A. Yes—the policeman got ahead of me—I am employed by Messrs. Bligh's—one lives in East India-road, the other in Holborn—I carry out parcels—I was going to take a parcel to 64, Guildford-street when I saw the prisoner do this—the clerk that my master employs, gave me the parcel—my master's factory is at Limehouse—I do not know the gentleman's name at Guildford-street—I had been there once before—the parcel was wrapped in white paper, and tied round with bits of red ribbon—they make all manner of things at my master's factory, and boilers and engines—I have been employed there nearly two years—I do not know Bosley—I do not know York-street, Commercial-road—I have lived in Grosvenor-street about six months—a person named Shoulds keeps the house—it is the second street past the Institution—No. 45 is on the left-hand side—I do not know the policeman—I never saw him before—I have been in the hospital some time, on account of my arm—it was broken in three places—I fell off a ladder.
COURT. Q. Those persons in the factory employ you because you are lame? A. Yes.
WILLIAM LEE (City-policeman, 235.) I was in Holborn on 8th Feb., about six o'clock, or a quarter-past six, in the evening—Covill and another person spoke to me—in consequence of what they said, my attention was directed to the prisoner—I had an opportunity of observing him before I lost sight of him—when I tried to catch him from behind the gentleman, he ran away—I followed him—he ran up Holborn and down Fetter-lane, and was stopped in Bartlett's-passage—I only lost sight of him in his turning the corner, not for long—there was no other lad like him running—I knew him before.
Cross-examined. Q. How long have you known Bosley? A. I had not known him at all—I never saw him till that day—I have certainly drunk with him since we have been have, and that same night I had a pint of porter—I di not remember that I said, "Don't forget to-morrow, I will give this fellow a jacketing."
COURT. Q. Had Covill anything with him? A. He had a bag. I believe.
MR. PAYNE to WILLIAM BOSLEY. Q. What number is yours? A. No. 25, York-street—there are two Nos. 25—I do not know how many houses are in the street—I have lived there about two months—the house I live in is on the right-hand side as you go from the Commercial-road—the other No. 25 is on the opposite side, further down—I worked last week for Mr. Mark—he is bookseller to the Society of Friends.
MR. PAYNE called
PATRICK SHEA. I am the prisoner's father. I went to York-street East, Commercial-road, and inquired for William Bosley—I inquired in York-street East and West, and York-street, Commercial-road—there are three York-streets—I could not hear anything of him there—there was no such a name at all in the direction, and no such a man as this at all—I did not describe him.
COURT. Q. Do you know whether there are two Nos. 25 in York-street? A. Yes, there is 25, York-street, West, and 25, York-street East, I tried them both—the street where Covill says he lives is very near the bottom of the Commercial-road—I found him at No. 34—he said No. 35, but that is an empty house—that is in Grosvenor-street.
Q. Are you not mistaken, was is not No. 45? A. Yes—it was next door to the number that he said, but Bosley I did not find at all.
MR. PAYNE. Q. Have you ever seen Bosley in company with Lee, the policeman? A. Yes, several times, on his beat on Holborn-hill—I live convenient, at No. 5, Fox and Knot-court—that was where this man went to drink that night after taking up my boy—he works with me at shoemaking—he went out about six o'clock from me—the policeman and Bosley stood about twenty minutes talking—they came down to Fox and Knot-court, and the policeman said, "Come this way; I don't wish to be seen there going in drinking; come down here, it is out of the way"—they stopped at the comer—they did not know me—the policeman said, "Don't you forget coming up tomorrow; I will give this fellow a jacketing;" and he said, "You need not fear, I shall be there"—they then went to the public-house, and had some drink—the policeman paid for it—I saw this man and the policeman the next day, about one, on his beat—they were talking about it.
COURT. Q. What have you to do with Bartlett's-passage? A. Nothing at all—I have no friends there—I have heard where my son was taken—I do not know what occasion he had there—I do not know where he was going—when he went from me he said he would be in in a few minutes—he had been in a little bother before this—I do not pay him any wages, but I support him and clothe him—I had seen Bosley with Lee several times before the day my son was taken—it is my thoroghfare just as I come out of my court where I live—I work for a gentleman at the corner of Field-lane—Holborn-hill is neater to Bartlett's-passage than to where I live—Bartlett's-passage would not lead a person from Holborn-hill to my house—that is not the way I walk home from Holborn-hill—my son could come from it to my house—I have had no quarrel with this policeman, nor with any policeman—I know Bosley, because I have seen him generally standing with the policeman on holborn-hill I mean to say, several times—I noticed him speaking to the policeman—I never spoke to Bosley in my life—I did not know where he lived—I cannot point out any particular day that I have seen him—I am in the constant habit of seeing him and that policeman when I go out—I have seen other men in company with that policeman—I noticed Bosley speaking to him, and standing up and down—when my son was taken, I was standing at the corner of Fox and Knot-court, and I saw the crowd come up—I walked up as far as the station—I looked over the crowd, and saw my boy—I said, "My God! what is the matter with you?"—"Oh, father!" says he, "I am taken; they said I took a handkerchief out of a gentleman's pocket"—it was quite accidental my seeing him—I went home and told my wife.
Q. Who did you see at No. 25, where you assert Bosley was not to be found? A. A woman came to me on the ground-floor—I have not brought her here—I have a person that was with me—I made inquiries at the three houses, and there was no man of the name—I did not suggest before the Magistrate that the man did not live where he said he did—I attended, but they would not allow me to go in—I made the inquiry on Saturday last, and went on Monday again—I could meet with no such person.
MR. PAYNE. Q. Who went with you to make inquiries? A. My sister-in-law—she is not here.
COURT to WILLIAM BOSLEY. Q. Did you continue to live up till Saturday last at the same place? A. Yes—the policeman served a summons on me there to attend on the Thursday—I did not notice this man, who says he is the prisoner's father, outside—I have heard him say he has seen me generally in company with the policeman—I have never been so—I never saw him before that night.
GUILTY.** Aged 17.— Confined Eighteen Months.
SARAH CREIGHTON. I am book-keeper to Esther Bisney, a butcher. The prisoner was in her employ—in consequence of something, I marked 1l. 14s. 10d. in silver and cooper, and put in into a box, which was fastened in a sitting-room—there were some half-crowns amongst it—it was opened by Mrs. Bisney on 15th feb., and I missed 9s. 7d.—the prisoner was called into the room, and charged with taking some money—she took some from her pocket, and laid it on the table—it made up the money that was lost—she said it was part of her wages—the money was examined, and I found the marks on it which I had made.
Cross-examined by MR. ROBINSON. Q. Have you got money there that is marked? A. Yes—here is a penny-piece marked on the nose—the silver was marked in a different place—I made a scatch on it with a knife—I marked the half-crown on the top—I put down in a book the amount I the box, and found some money gone—I immediately recollected that 9s. 7d. was gone—I marked it on Monday morning, and it was gone on Tuesday morning—the prisoner had nothing to do with serving in the shop—she denied that she had taken the money—I can swear to the marks—the prisoner had wages paid to her shortly before—I do not know whether her wages were 4l. 8s. 9d., but the sovereigns that were paid her were marked—I did not mark them, but Mrs. Bisney told me so, and I saw it afterwards.
COURT. q. Are those your marks? A. Yes—this silver and copper has my marks—the wages were paid some days before the silver was marked—some time after the prisoner put the money on the table she asked to be forgiven—an officer had then been sent for.
(The prisoner received a good character.)
GUILTY. Aged 23.— Confined Three Months.
OLD COURT.—Saturday, March 4th, 1848.
Before Edwards Bullock, Esq. and the third Jury.
GUILTY Aged 33.— Confined Four Months.
GUILTY Aged 15.— Confined Six Months
GUILTY. Aged 18.— Confined Twelve Months.
GUILTY. Aged 15.— Confined Nine Months.
GUILTY. Aged 17.— Confined One Month.
(There was another indictment against the prisoner.)
GUILTY. Aged 16.— Confined One Month.
GUILTY. AGED 26.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY.— Confined Two Months.
GUILTY. Aged 21.— Transported for Seven Years.
(There was another indictment against the prisoner.)
GUILTY. Aged 15.— Confined Four Months.
GUILTY.— Confined One Month.
GUILTY.†*— Transported for Seven Years.
GUILTY Aged 34.— Confined Four Months.
Before Mr. Justice Erle.
854. WILLIAM EDWARDS , (indicted with MARY ANN UNDERWOOD , not in custody), for feloniously forging and uttering an endorsement to a bill of exchange for 25l.; with intent to defraud James Tucker: 2 OTHER COUNTS, with intent to defraud Mary Ann Charsley; and CHARLOTTE EDWARDS , as an accessory before and after the fact.
MR. CLARKSON and SIR FRANCIS KNOWLES conducted the Prosecution.
Cross-examined by MR. PARRY. Q. Is Mr. Tucker a bill-broker? A. I believe he discounts as an agent.
WILLIAM BUTT. I am an attorney, and reside at Ryde, in the Isle of Wight. I am concerned for a family named Charsley, and for Miss Mary Ann Charsley, in the receipt of some interest money, payable to her half-yearly—on 23rd Jan. I enclosed this bill of exchange to her—it then had no indorsement or acceptance—it was a ten days' bill—I put a note from my wife into the enclosure, addressed to Miss Mary Ann Charsley—I also wrote a letter when I enclosed the bill—I afterwards heard that it had miscarried before I heard from Miss Charsley, and wrote to the authorities—in consequence of what I learned, I saw the prisoner, William Edwards, on 4th Feb., the day the bill became due, at the Portugal Hotel, in custody—Rowe and Tucker were with him—they told me he was come to explain about this bill—I told the prisoner at the first to take care what he said, because if it should prove hereafter that he did not satisfactorily account to me, I should take advantage of anything he said; and in the course of this conversation, with respect to Miss Charsley, he said that she had gone by the name of Underwood, that she had represented that she expected some money from a Captain Butt, and had requested him to get this bill changed for her; that he had done so, and taken back the money—he asked whether he might not arrange with Mr. Tucker—he would give him any security he liked, and that of course he die not know whether it was all right—I saw Charlotte Edwards the day after, 5th Feb., as I was coming out of Guildhall, from the examination—she stopped me, and said, "Captain Butt, I believe?"—I said, "No"—she said, "I thought I had seen you"—I said, "My name is Butt, not Captain Butt"—that was all, and I walked away—I was present at the examination, and acted as attorney for the prosecution—after I had made a statement, and asked for a remand, the Alderman asked Edwards, "What have you to say?"—he said, "I received it of a Miss Mary Ann Charsley, who lived at our house"—his Worship then said, Have you any witness?"—he said, "Yes, I have two, my mother and the servant"—they came forward—Charlotte Edwards was examined—no note was taken of her evidence—the servant, Mary Leeson, was then examined by his Worship—after I had cross-examined her a considerable time, my evidence and that of another, sufficient for a remand, was taken, and it was remanded to the 12th—the case was then gone into at considerable length, and his Worship again adjourned case to the 19th, with directions for the mother and Mary Leeson to be summoned, as they were not present—on 19th, I brought more witnesses, and Mary Leeson was produced and put up—I asked her some questions, and in the course of them Mr. Charnock, who then acted for the prisoner, objected to my questions, because I was cross-examining my own witness—I never heard of such a person as Captain Butt—I should say there was certainly not such a person in Ryde.
Cross-examined. Q. How many persons land at Ryde from vessels in the
course of a year? A. Some thousands, and I dare say some hundreds of captains—I do not know all the captains in her Majesty's service, or in the merchant service—I know most people in Ryde—there are a good many yachts about Ryde—Mary Lesson has been taken care of by the police since the committal, at any request but not under my authority, because his Worship would not allow me—if he had, I should have kept her from Brompton-square certainly, because she had told a story that I did not believe, and I thought it was wrong that she should go home to be with these parties who were changed, especially as her mother was actually nursing a lady at this very house—I had a ad opinion of her, and thought she might be kept away from them to tell the truth—his Worship put her into the hands of the police—I expect I shall have to pay her expenses—the Magistrate ordered the police to bring her here to-day—her name was on the bill, but she did not go before the Grand Jury—the first time I saw the male prisoner was at the Portugal Hotel, on 4th Feb.—I had been to 51, Brompton-square, on the 3rd—I did not then state who I was—I did not offer to take apartments there—I asked the price of them—I saw Mrs. Edwards—I stayed five or ten minutes—our conversation had reference to the apartments—I said, if I took them she would hear from me—I left her with an expectation that I might take them—she saw me again on the 5th—she gad, no doubt, an ample opportunity of recognising me—at that time the bill had not been found—I was searching for it—the letter Mrs. Butt gave me I enclosed in the one with the bill—I sealed the letter myself—my servant posted it—many inquiries had been made prior to my coming to town—I find the expenses of his indictment—Alderman Gibbs stated, to the surprise of the whole Court, that Mary Leeson had given her evidence in an honest, straightforward manner, and very much to her credit.
MR. CLARKSON. Q. Why did you go to the house on the 3rd and say you desired to know the price of the lodging? A. My object was to ascertain where that party was who had received the letter, and was said to have gone from there—I went to know whether she had really left, and to ascertain what I could about it—I had no conversation with Mrs. Edwards on the subject of this to Miss Underwood or Miss Charsley—I merely inquired as to the party that lived in the parlour before, and where she was—I have made a good many inquiries after her since I have been in London—I have also directed he police to do so, and have been in communication with there on the subject for the last three weeks—I have not been able to find her—I have been to Brighton and other places.
MR. PARRY. Q. Did not Mrs. or Mr. Edwards give you a piece of a gown that this person wore, for the purpose of enabling you to detect her? A. The attorney, in Mrs. Edwards' presence, gave me a piece, and said it was similar to the gown Miss Underwood left the house in—Edwards did not, at the Portugal Hotel, request to put in bail, in order that he might endeavour to assist in finding this woman—I do not think he said it—if he had, I think I should have remembered it.
MARY ANN CHARSLEY. Mr. Butt is my attorney, and has been in the receipt of some dividends and interest money, which he has been in the habit of remitting to me half-yearly. On 24th Jan. I resided at 51, Bromptoncrescent—I never resided at 51, Brompton-square—this endorsement, "Mary An Charsley," on this bill, is not my writing—I did not on 24th Jan., or any other day, receive that from Mr. Butt, or any letter from Mrs. But—Mrs. Butt is an acquaintance and correspondent of mine—I never saw this bill
till I saw it in the same state as it is now, with an endorsement on it, which is not mine—I did not authorize anybody to put my name on t, or to procure it to be discounted or accepted—(bill read—"Hampshire Banking Company, Ryde, 22nd Jan., 1848. 25l. Ten days after date, pay to the order of Miss Mary Ann Charsley, 25l. value, received. Signed, for the Hampshire Banking Company, Philip Thomas Hillier, Manager. Addressed, Messrs, Jones, Loyd, and Co., London; accepted, Jones, Loyd, and Co.; endorsed, Mary An Charsley; for E. Tucker, F. E. Tucker.")
FRANCIS EDWARD TUCKER. I am clerk to my father, who is a discount agent, carrying on business at 37, Nicholas-lane. I know both the prisoners—the male prisoners is a cattle-dealer—I have been at his house—I was not intimately acquainted with him—I met him casually in Cheapside, I think on 25th Jan.—I do not know the day of the week—it was about two o'clock—he said he had got a check, which he had been to the City to collect, but found it was not payable for several days—I desired him to let me see it—he did so, and I found it was this bill—I told him it was not a check, but a bill, which had to be accepted by Jones, Lloyd, and Co., and afterwards endorsed by Miss Charsley, and if he would get it so endorsed I would give him the cash for it—I then desired him to return with me to Jones, Lloyd, and Co., as I was passing there—he did so, and he saw me put it into the acceptance-box—I wrote out a copy for him to present next day to the clerk for it, and told him to get it endorsed, and then bring it to me—he did so the next day, the 26th, and I gave him the money for it—he did not bring it me after it was accepted, and before it was endorsed—I am quite sure of that—I asked him what he would stand for it, and he said, "Anything that is usual, Miss Charsley will pay for it"—laughingly said to him, "Well, will you give me a sovereign?"—he said, "Yes, certainly"—I took it to messrs. Barber's, they gave me the cash for it, and charged me 1s. discount—I gave the prisoner 24l., and kept the difference—I had discounted for him before—I know that his mother kept a lodging house—he told me when he was taken into custody that Miss Charsley went by the name of Underwood, or Pique, or Pike, and lived in his house with his mother—he told me before that the furniture in the house in Brompton-square was his own, and he would give me a bill of sale on it, if I wanted it—that was upon the bill I first did for him, not on this occasion.
Cross-examined. Q. How long before was it that you had had any transaction with him? A. About three weeks—it was a discount transaction—I and my father also have had many transactions with Messrs. Barber—they are stock and bill-brokers—we sometimes take such bills as this to them to discount—this bill is almost as good as a Bank note—Mr. Butt has not guaranteed me for any loss I may sustain by this transaction.
JAMES CARTWRIGHT. I am a letter-carrier for the Brompton-square district. Towards the latter end of Jan. I delivered a letter at 51, Brompton-square, directed "Miss Charsley, 51, Brompton-square"—I inquired for the name of Charsley; the servant took it in—I do not remember ever taking letters there in that name before—I do not remember ever delivering one in the name of Underwood—Jones is the other letter-carrier for that district.
Cross-examined. Q. Was this the general delivery? A. Yes, the first delivery—I am a London district postman—I cannot swear Mary Leeson is the servant to whom I delivered the letter—I delivered two or three other letters there at the same time—I asked her whether Miss Charsley lived there—she said, "Yes, it is all right," and I went away—the whole of it did
not occupy half a minute—I delivered it to her in the area—the street door was not opened.
WILLIAM CUMMING. I am a police-inspector of this district. On 28th. Jan. I received a communication for Miss Charsley, of Brompton-crescent, and went the same day to 51, Brompton-square, and saw the female prisoner.
MR. PARRY Q. Before she said anything to you, did you say, "I would advise you to give me all the information you can?" A. In the course of conversation I did.—(MR. PARRY submitted that this amounted to either an inducement or a threat, and consequently what was stated by the prisoner after that was not admissible. MR. JUSTICE ERLE was of opinion that this did not come within the limits of exclusion, no charge being then made, and the observation not being calculated to produce an untrue answer.)
MR. CLAEKSON. Q. State all that passed. A. I believe I said I called respecting a letter left there by mistake, which should have been left at 51, Brompton-crescent—she replied, "Well, what of it?"—I said, "That letter contained a money-bill; it may be a serious matter to any one concerned in passing it; I would advise you to give me all the information you can about it"—a police-sergeant was with me—my police dress was visible—at the letter part of the conversation I said, "If anybody has uttered this bill, they will be guilty of forgery."—(MR. PARRY here renewed his objection, and MR. JUSTICE ERLE suggested the propriety of not proceeding with this porsien of the evidence.)
MR. CLARKSON. Q. In the course of anything that passed between you, did the male prisoner come in? A. He did—he said, "What is all this about? What is your business here? What is your authority for coming here?"—I said, "You see I am a police-officer, I suppose that is sufficient authority; my business is respecting a letter which was left here by mistake, which contained a money-bill'—he said, "No one in this house know anything about it"—I said, "Be careful; if that bill has passed it is a decided forgery, and any one concerned in passing it is liable to be charged the same as the principal"—I then asked the female prisoner how long it was since Miss Chesley, as I called her, had left—she said, "Yesterday, about two o'clock I expected her to return last night"—I asked if she had left anything behind her—she said, "There are some things of hers there," pointing to some drawers—I asked for the key; it was brought, and the drawers were opened, and in one of them I found a washing-bill and a letter, both addressed "Miss Underwood"—the male prisoner interposed, and said, "Do not answer any more questions," and I left without getting any information—about half an hour after I again went to the house with Mr. Ashton, and heard him question the male prisoner about the bill; but he conducted himself in such an insolent manner, that it was impossible to understand what passed between them—he would not give us any information.
Cross-examined. Q. How long had you been questioning the female prisoner altogether? A. About three minutes—Edwards might have said that his mother should not be cross-questioned and dictated to—I cannot recollect that he did say so—he was very much annoyed and excited by my doing it—that was not the insolence I spoke of—Mr. Ashton is a solicitor—I never knew him previously—a police-sergeant went with me the first time—the male prisoner did not offer to get a chisel, or any implement, to break open the drawers—he told the servant to go and fetch a key from down stairs—Mr. Ashton might have represented himself as a solicitor—I did not hear him—I did not go to fetch him, I went to Miss Charsley, and he returned with
me—Mrs. Edwards is an old lady—the house is well furnished, not handsomely—I think there are about eight or ten rooms—they are generally large houses in the square—I have no idea of the rent.
ROBERT JOHN ASHTON. I am a solicitor. On Friday, 28th Jan., I, by Miss Charsley's direction, called at 51, Brompton-square, and saw the prisoners—I informed them that I came, as Miss Charsley's solicitor, to inquire for a letter from Ryde, which was intended for Miss Charsley, but which had been taken in there by mistake and improperly detained—the mother said she had no information to give me respecting i, she had told the inspector all she knew about the matter; that Miss Chesley, who occupied the parlours of the house, had received the letter, and had left the house the preceding day; she did not know what had become of her, and she wished to know what I meant by asking her questions—the male prisoner said he would not allow his mother to be cross-questioned by me, and asked for my card, which I gave him—one of them (I do not remember who) remarked that Mr. Pavey was Miss Chesley's solicitor whom she had spoken of, and I had better apply to him for any further information I wanted—as I found I could get no further satisfaction, I left with the policeman—I did not put any question to the made prisoner as to where the bill was—I mentioned, before I left the house, that they were withholding information, and they might render themselves liable as accomplices.
Cross-examined. Q. I suppose you did not think it would be sufficient to convict them as accomplices if they withheld information from you and the police? A. I thought it might depend on circumstances—the woman had given the policeman Pavey's address previously—I found Mr. Pavey, but did not find that he acted as the lady's solicitor; he had acted as her friend—Mrs. Edwards said she did not know exactly how Miss Chesley's name was spelt—she did not say she had gone by other names as well.
Cross-examined. Q. Did you Mr. or Mts. Edwards inform you where Miss Charsley's servant lives? A. No; it was Rowe, the City policeman, who had Edwards in custody—he went there.
JAMES ROWE , (City policeman,) examined by MR. PARRY. I took Mr. Edwards into custody—he gave me the address of Miss Charsley's servant, which I communicated to the inspector—I did not hear him tell Mr. Butt, at the Portugal Hotel, that he could get good security or bail, and if he would let him out on bail, he would endeavour to find Miss Underwood—I found the servant at the address he gave—they called her Maris—I do not know her other name.
COURT. Q. Could you find this Miss Underwood or Miss Charsley? A. No; I could get no information of what had become of her—they knew nothing of her—I could not find the letter, nor anything belonging to her.
JOHN JONES. I am a letter-carrier, in the Brompton-square district. I and Cartwright are the only two—I have been in that neighbourhood two years—up to 24th Jan. I never had a letter to deliver to a Miss Charsley, or any such name, at 51, Brompton-square, and I never heard of such a person living there.
Cross-examined. Q. You went to make inquiries at this very house about the letter, did you not? A. Yes; on 27th about two days after it was delivered—I saw Mary Lesson—I did not ask to see Miss Charsley—a lady
came out of the parlour, who answered me as Miss Charsley, and told me the letter was intended for her—I made the inquries at the request of Miss Charsley, of Brompton-crescent—it was with reference to this missing letter that I went—the servant answered my questions as soon as she understood them.
JOHN GAYFORD. I am charge-taker at the Brompton Post-office. On Monday, 31st Jan., about noon, I went to 51, Brompon-square, knocked at the door, and the male prisoner came out at the area door—immediately he saw me he returned into the house, without saying a word—about a minute afterwards a young female opened the door—I said I came to make inquiries respecting a letter that had been misdirected, 1, Brompton-square, instead of crescent—she immediately retired and called her mistress—Mrs. Edwards came to the door, and I told her I had come respecting a letter that had been misdirected 51, Brompton-square, instead of crescent, and I asked of Miss Charsley was at home—she said she was not at home, she had left there a day or two previous, she could not tell me where she was then, but she might possibly do so in a day or two; that she remembered the letter being brought on the previous Monday, and that the letter was correct for Miss Charsley there.
MRS. NEVIN. I am the wife of the Rev. Mr. Nevin. I recollect sending a letter of invitation to Miss Charsley—I directed it to Brompton-crescent, and the man took it to Brompton-square—I did not take it myself—I received a letter, purporting to be an answer, which I put in the fire.
(The COURT would not receive evidence of the contents of the answer, it not being shown to come from the prisoners. MR. CLARKSON proposed to give secondary evidence of the contents of the letter of Mr. Butt to Miss Charsley; but the COURT held that as it was not traced to the prisoner's possession, and there being no evidence that Underwood was out of the jurisdiction of the COURT, or kept away by the prisoners, it was not admissible.)
GEORGE PAVEY. I am an attorney's clerk. I was acquainted with a girl of the name of Underwood—she also went by the name of Wilson and Bloomfield—I never knew her by the name of Pike or of Chisley till after this affair—I never knew her by the name of Charsley—in Jan. last she lived in Brompton-square—I should think I have known her fifteen years—she is a girl of light character—in Jan. last she lived at 51, Brompton-square—in consequence of a letter I received from her, I went there on 31st Jan., about seven o'clock in the evening—I put the letter into the fire—it was signed "Underwood"—I conversed with her alone—a letter was produced to me, but no bill of exchange—our conversation was in the top room—we came down—as I was going out of the house, Underwood called the female prisoner, and said that she had had some conversation with me about the matter, and that I would endeavour to set the matter right—Underwood had not the letter in her hand then—she had left the letter in the room—nothing else passed.
Cross-examined. Q. You never knew this person by the name of Charsley till after this? No—I am a clerk—she has always treated me as her adviser—I went for the purpose of advising with her about this bill—I did advise with her about it—she made a statement to me about it—she was much agitated—when I told her of the situation I considered she was place in, she began to feel agitation—I have seem the bill (looking at it)—I gave no doubt the endorsement is her writing—I should suppose the house is what is called a gay house, from her living there—I never was in it before—I knew she had been in keeping of several gentlemen—I know at times she has had much
larger amounts of money than 25l,—I have not known her receive presents of larger amounts than that—the first acquaintance we had with her was selling off her household furniture, at a small house in Upper Berkeley-street—it was beautifully furnished, and of great value—she had an establishment and servants there—the expenditure of the house must have been considerable—she did not show me any money on this occasion—I did not see any in her possession—all I knew about her money was from what she told me—I had seen Mrs. Edwards before, when Mr. Ashton called on me on this business, and we went to the house—Mrs. Edwards did not come up into the room—she did not see any letter while I was there—Miss Charsley showed me a letter—if I recollect rightly, she brought it from an adjoining room—I did not see Mr. Edwards at all—I advised Underwood to go among her friends, and make up the money for the bill—I saw two letters in Undrwood's possession, addressed to Miss Charsley.
MR. BUTT re-cexamined. My wife's letter was also directed to Miss Charsley, 51, Brompton-square, and it was in consequence of her misdirecting her letter that I misdirected mine, as I copied it.
(MR. PARRY requested that Mary Leeson might be called by Mr. Clarkron or the Court, her name being on the back of the bill; this course being adopted in the Queen v. Carpenter, 1 Cock's Criminal Law Cases; and the Queen v. Bailey, 2nd ditto, p. 191. MR. CLARKSON declined calling her, referring to the decision in the Queen v. Thacker and another, vol. 26of Sessions Paper, page 511. MR. JUSTICE ERLE: "I am clearly of opinion (upon which the judges are agreed that Counsel are not bound to call all the witnesses on the back of the bill, but only to lay before the Jury that which in their judgment the purposes of truth and justice require.")
MR. PAREY called
MARY LEESON. I was examined three times, before Mr. Alderman Gibbs, at Guildhall—Mr. Butt examined me—since the examination I have been living at Mr. Hoggins', a policeman, 5, Bond-court, Walbrook—that was by the direction of Mr. Butt—I do not pay for my board and lodging—I do not know who is going to pay it, am not—I was in the employment of Mrs. Edwards, at 51, Brompton-square, at the beginning of the year—she does not let out her house to female lodgers—she lets lodgings—I knew a lady that lived in the parlour—she came there on the Saturday before Christmas-day—her name was Underwood—after she had been there about a fortnight, she went by the name of Charlesley—Mr. Paul was in the habit of suppling her with greengrocery—she told me herself to call her Charlesley—I remember a note coming on the Friday after Christmas-day, directed "Miss charleslsy"—I took it in at the door, which is close by the parlour, and gave it to her—I waited while she answered the letter—Mr. Edwards was not there, he was not up—it was between ten and eleven in the morning-the messenger waited in the passage while the letter was written—I gave the letter to the messenger—I saw Miss Charlesley write it—the male prisoner lived in the house with his mother—I remember taking in a letter from the general-postman on 24th Jan., directed, "Miss Mary Ann Charsley, 51, Brompton-square, Brompton, London"—there was only one letter—I gave that to Miss Charsley, in the parlour—I saw her open it—I stopped a few minutes while she was reading it, and then went away—I afterwards heard her ask Mr. Edwards whether he thought he could get it (the bill) discounted—(I had seen a bill, when she opened the letter)—he said he did not know—this was on the Monday, about dinner-time—she produced the bill—Mr. Edwards took the bill on the Tuesday—he
left it at the Bank, to be accepted, I believe; brought it back again on the Wednesday, and gave it to Miss Charsley—I saw him give it her—she asked me to fetch a pen and ink—I did so, and she put her name on the back of the bill—I can write—this is her writing (looking at the bill)—Mr. Edwards then took it again, and went out with it—he returned about four o'clock—I opened the door, and before he could get into the passage Miss Charsley came out, and asked whether he had got the money—he said he had—she asked for it—he told her to wait a minute, went through the passage, into a spare room at the end, took out the money from his pocket, and gave it her—I saw the money pass—there were three or four notes, and a small portion of gold, I think three sovereigns—I am quite sure of that—Mr. Edwards then went down stairs—he has sometimes gone on errands for the lodgers—he has resided there six months, I believe—I remember Mr. Butt coming about the parlours on the Thursday—I heard him say he wanted an extra bed-room—he was to let us know on Saturday—Miss Charsley had left on the Wednesday, the day before—Mr. Cohen called on the Wednesday, while Mr. Edwards was gone for the money—Miss Charsley told me that Mr. Cohen said he would have discounted the bill for her, if he had known it—he was there when Edwards brought the money, and she took the money lightly in her hand, and went into the parlour, to Mr. Cohen—he did not come into the other room—Edwards did not go into the parlour, because Mr. Cohen was there—Miss Charaley went away with Cohen on the Thursday—I believe he lives in Mansell-street—I have not heard of any inquiries having been made for him by Mr. Butt—she returned on the Saturday following, between mine and ten, and remained until the Wednesday, when she finally left—that was after Pavey had seen her—She did not appear to be in any anxiety—she told me it was her money—I remember Jones, the postman, calling on the Thursday she first went away—she saw him—he rang the bell, and told me there was a letter wrong—she came into the passage to him—the police have made inquiries of all the persons in the house respecting this matter—they have inquired of a person of the name of Martin, who occupied the drawing-room—I was present—she was not produced as a witness—I do not know Mr. William Morrell.
MR. CLARKSON. Q. How old are you? A. Fifteen—I have been with Mrs. Edwards three months—the house is not, to my knowledge, what is called a gay house—there are not women living there who receive men—Mr. Edwards is the landlord—there was a married lady living on the first-floor, and I believe Miss Underwood was the same—Mrs. Edwards' niece, Miss Baker, lived in the house—I was the only servant—I remember going out to get some brandy for Mr. Cohen—there was never any harm happened in the house while I was there; if there was anything improper, I knew nothing about it—men did not come and stay for an hour, and then go away again—I do not know where Mr. Edwards carries on his business—I do not know of any cattle-dealing of his at all—he used to go out on messages for the lodgers when they wanted him—I remember his being taken into custody on this charge—I went to Guildhall—I believe Rowe, the policeman, persuaded Mrs. Edwards to let me go—I was present—I have been subpoenaed here by the prisoner's solicitor—the lady went by the name of Miss Underwood when she first came; she went by that name for a fortnight—I think she came on the Saturday before Christmas—I am not quite sure—I remarked the time when she changed her name—it was at the end of a fortnight—I cannot tell the day of the week—she told me that her name was to be Charsley, because two
gentlemen called and said that she was so mush like Miss Charsley, of 51, Brompton-crescent; and they wished her to go by that name—I do not know of her receiving any other notes in the name of Charsley, then the note and the letter which contained the bill—the note to which she sent an answer, was signed "Nevin"—I not read the note—I saw her writing it, and I gave it to the man—I did not read the second letter—I saw her writing it, and a small note taken out of it—Mr. Edwards was at home then, but he was not up—the postman brought it about nine, and I saw Edwards about eleven—he went down stairs at dinner-time, between twelve and one—Miss Charsley dined with Mrs. Edwards—Miss Charsley saw Edwards when she went down stairs, and then produced the bill to him, and asked him whether he could get it discounted—he did not take it till the Tuesday—he left it all night at the Bank, brought it back on the Wednesday, and then Miss Charsley wrote on it—no one was present—I was in the passage—Mr. Edwards was down in the kitchen—she afterwards gave it to him—she left the next day, about one in the afternoon, with Cohen—she returned on the Saturday, and did not leave again till the following Wednesday—I am quite sure of that—she was there all day on the Monday—when she returned, I asked my mistress if I should tell the police—she said she would see—I do not recollect her saying, "Oh, poor thing, as she has come back again, you had better say nothing about it"—I do not recollect her saying, "It is a pity to tell that now, as she has come back again"—she went by the name of Charsley before the money came—these gentleman came on the Sunday evening, and on the following Wednesday the note came—I never knew her assume the name of Charsley before the first note came—I carried the note up stairs, to ask whether it was right for Miss Charsley—I did not know whether she was miss Charsley until I asked if it was for her—Mr. Cohen, Mr. Pavey, and her servant, came to see her on the Monday—I remember seeing Mr. Gayford there—I fetched my Mistress to him—I was there part of the time he was speaking to her—Miss Charsley was then up stairs—before I lived with Mrs. Edwards I was at Yarmonth with a family, and came with them to London.
MR. PARRY Q. How long have you been in service? A. I went to the first place when I was eleven years old, and stopped there three years—I went from Yarmouth to London, and was with Mrs. Edwards about three months—I saw no improprieties in this house—it is a respectable house, to all appearance—Mr. Relfe served grocery there before I went there.
JOHN PAUL. I am in the employ of my uncle, a greengrocer, of 49, percy-street June-street, Chelsea. We have been in the habit of serving Mrs. Edwards, of 51, Brompton-square, and her lodgers, with greengrocery—in the latter end of last years, and the early part of this, we served a lady who lived in the parlour—we knew her first by the name of Underwood, and, until within a short time of the beginning of the present years, we then knew her by the name of charsley—I was in the habit of going for orders every day—I saw the servant mostly—this is my writing to his bill of goods, which we supplied to the lady in the parlour—I delivered it at the house—(produced)—it is dated 13th Jan.—it was paid on 25th Jan., 1848, but is dated 1847, in mistake—I should think it was out about 13th Jan., for I see coals are supplied on that day—I believe Mrs. Edwards did not reside, in 1847, at 51, Brompton-square—I did not supply goods there then—I am quite satisfied that these goods were supplied to Miss Charsley, and that this is the bill that was sent.
Cross-examined. Q. Do you keep books? A. Yes—I have not got
them here—I have been with my uncle twelve years, and am just turned twenty.
WILLIAM MORRELL. I am assistant to Mr. Carley, chemist, 27, Berners-street. I have known Edwards about four years and a half—he resided in Brompton-square—I remember calling there four or five days after Christmasday—he was in the kitchen—I took refreshment there—Mrs. Edwards was there—it was about half-past eight—while I was there the lady in the parlour came—she was introduced to me as Mrs. or Miss Charsleley—I saw her again at a ball at Circus-street, Paddington—her name was not mentioned then.
CHARLOTTE BAKER. I am the niece of Mrs. Edwards, I was residing with her—I knew the lady in the parlour—I can scarcely say when it was that she first came there, but I think it was since Christmas—she went by the same of Miss Underwood—she changed her name to Charsley—I cannot tell how long that was after she came there: and from that time she was called by that name—I knew her by that name—my aunt and cousin called her by that name.
(The prisoners received good characters.)
WILLIAM EDWARDS— NOT GUILTY.
CAROLINE EDWARDS— GUILTY of harbouring Underwood. Aged 69.—
To enter into her own recognizance to appear, and receive Judgment when called upon.
NEW COURT.—Saturday, March 4th, 1848.
Before Mr. Common Serjeant and the Sixth Jury.
MIDHAM pleaded GUILTY. Aged 16.
NALLY pleaded GUILTY. Aged 15.
Confined Six Months.
GUILTY. Aged 21.— Confined Four Months.
GUILTY. Aged 32.— Confined Three Months.
GUILTY. Aged 20.— Confined Three Months.
GUILTY. Aged 18.— Confined One Year.
GUILTY. Aged 13.— Confined Eight Days, and Whipped.
GUILTY. Aged 37.— Confined One Year.
GUILTY. Aged 21.— Confined One Year.
GUILTY. Aged 17.— Confined Four Months.
GUILTY. Aged 27.— Confined Nine Months.
MR. BODKIN conducted the Prosecution.
GEORGE RUSSELL (City policeman, 34.) On 9th Feb. I went to Mr. Boyd's warehouse, in Friday-street—the prisoner was given into my custody—I said it was for robbing his employers—he sat down in the library, and wanted to know the particulars of the charge—I said, "One of the firm will be up presently; you can ask him"—Mr. Boyd soon came up, and he asked what he was charged with—Mr. Boyd said he charged him with robbing him for some time, and that he best knew what of—Whale and his brother, I believe, were in the counting-house—the prisoner did not make any answer, but said to me, "What is become of those two men?"—I asked what two me—I said, "Those two brothers, Whales"—I asked him why he asked that question—he said they had been taken into the counting-house—I asked him how he knew that—he said by passing and repassing in the course of the morning he had seen them—he said, "Are they in custody? because if they are not they ought to be"—I said I knew nothing about that, and I asked him where he lived—he said at 2, Edmund's-place, Shepherdess-walk, City-road—I asked what part of the house—he said he occupied it in common with his two brother's-in-law; that he slept in the top front room—I asked if he had any boxes there—he said, "Yes"—I asked if he had any keys to them—he said, "No," they were open—I took him to the station, and went to 2, Edmund's-place—I saw a woman there, who told me she was his wife—I found this new handkerchief in one drawer, in the first-floor front room, and in a lower drawer some calico—I found these two black handkerchiefs in the bedroom—I then went back to the station—the prisoner was brought into the charge-room—I told him I had been to 2, Edmund's-place, and had found these black handkerchiefs, and his wife said he had bought them at Messrs. Boyd's—he said, "I have done no such thing; I did not
buy them at Messrs. Boyd's at all"—I then said, "This other handkarchief she said you bought at Messrs. Boyd's"—he said, "My wife don't know where I did buy them"—I said, "Here is this calico also"—he said, "I did buy that at Messrs. Boyd's"—I said, "How long ago?"—he said, "About a month"—I said, "Are you sure that was the time?"—he said, "It might be two months, but I can't say as to the time."
Cross-examined by MR. BALLANTINE. Q. How came you to remember the whole of this conversation without taking a note? A. I had it read over to me four or five times at the Mansion-house—the prisoner was remanded two or three times, and before different Magistrates—I think I have told the story over again as I did then, as nearly as possible—no one was present when I put the prisoner to this crossexamination—I immediately communicated to Mr. Boyd what I heard—I dare say I was half an hour talking to the prisoner—I did not ask his wife any question that did not concern this case—I was, of course, obliged to ask her questions—I have been ten years in the police—I know that a wife cannot give evidence against her husband—I believe repeating to the husband anything I had got out of the wife would have the effect of making it evidence—I particularly told his wife, "Anything that I shall ask you, that you have any disinclination to answer, don't answer it without you please"—there is a person named Prendergrass in Court—I was not a witness against him—I have not seen his wife—the Grand Jury have ignored the bill against him—I did not go to see him—I have seen him here this morning—all I said to him was, "Prender-grass, come here, "when I saw him on the stairs.
WILLIAM HUGHES. I am warehouseman in the calico department of Messrs. John and Christopher Boyd. The prisoner was their porter for two or three years—he had access to their warehouse—here is a mark on this calico—the width of it is thirty-five inches; the length was fifty-two yards—it is marked with the manufacturer's mark—these pieces are, in my judgment, part of one entire piece—to the best of my judgment these two fagends are off the same piece—here is a selvedge and the blue ends—this is the book in which we enter all the articles sold to any persons in employ of the firm—I make entries in it—it goes back nearly three years.
Cross-examined. Q. How many person are in your department? A. Three—each of them is allowed to sell—it is the duty of the person who sells to enter—if I make a sale I give the length, and the price, and the name to a second person, who would write it in the book—we never send a piece out without entering it—I may not have entered it till two or three hours after the sale—we always enter them in the day—we might make a sale at ten o'clock in the morning, and enter the goods at six in the afternoon, if we are very busy—we do not enter them from recollection, but from the goods—they never go out before they are entered—persons in our employ have the privilege to purchase goods at cost price to any reasonable amount—I suppose pose Messrs. Boyd would not consider it right if they purchase a large amount—I never knew of any limit—I cannot say whether the prisoner has purchased from 60l. to 80l. worth of goods—he has purchased calico, I only know that from the books—I do not remember his making purchases—I have never served him, not seen him served, to my knowledge—I have never seen him take away goods—I know nothing about selling this piece—the worth of this whole piece would be about 17s.—it is 4 1/2d. a yard—he could have bought it at that price—it has been cut into pieces—I do not know that he has bought 150 yards of this calico within twelve months—here is one
entry, "Twenty-five yards, at 4d., at thirty-two inches wide"—we have a great deal of this sort of calico at times—it is made in Manchester, or the neighourhood—we have only one of this one piece of cloth, no other of the same make—we have nothing like this—we may have had thousands of pieces—these have belonged to the same piece—one of these ends may be off one piece, and the other off another of the same quality.
MR. BODKIN. Q. On 11th of Nov. last, twenty-five yards were sold to the prisoner? A. That does not correspond with this calico in length, breadth, or price—on 21st May he bought some calico—he does not appear to have bought any between—on 21st May he bought twenty-four yards of calico, at 4d.—thirty-six inches wide they are called in the trade—they only measure thirty-five—it is the same breadth as this found here, but not the same quality, and differently finished—on 30th April he had fourteen yards of the same cloth—that is all he appears to have bought in 1847—the manufacturers' mark, and the mark of our own house is on these calicoes—here is the private stamp of the firm, "Stout India F."—it is not stamped for say other house in the same way—F. is only on this description of calico—it is called in our house letter F calico—Mr. Gay, Mr. Garlick, an myself, have to enter any calico sold.
MR. BALLANTINE. Q. Do you buy calico of the firm? A. I have a small shop of my own, and have purchased considerably at times, perhaps to the extent of 100l. or more in calicoes and other things within twelve months—it has been the duty of the party selling them to enter them—I have never purchased them myself—I have not entered them—I may have seen them entered—my wife purchases the things just the same as any other person.
ROBERT GAY. I am in the calico-department at Messrs. Boyd's. I have been there four years or more—I sometimes enter calico sold in that department—I never sold any to the prisoner—I have seen it sold by Mr. Garlick, and have then made the entry—this entry of 11th Nov. is my writing—I entered accurately what he then had—these entries of 21st May and 30th April are not my writing.
Cross-examined. Q. Have you been a customer of the firm to any extent? A. I have bought things there occasionally for myself, and of myself—Messrs. Boyd allow me to buy as much as I like—I have bought 6l. or 7l. or 8l. perhaps of myself during the last year—I have not bought to the amount of 50l. or 25l.—I have not a wife who keeps a shop—I cannot say whether the prisoner has asked me to enter calico that he has purchased within the last twelve months—I cannot remember entering anything, only in this book—I have not entered anything by his request—he may have requested me to do it, and I have not done it—twenty-five yards of calico, at 4d., was the piece of goods he had last—he has requested me to enter goods, but I have never done so—I should not enter goods from his telling me to enter them, unless they were given down—he has not told me the cash-keeper would not take the cash because the goods were not entered, or that the cash-keeper would not take his money—he has not said anything to me about it—I do not remember that he has said it in my presence—the goods are not always entered on the day on which they are sold—they are entered before they leave the house—I have known instances in which they have gone out before they have been entered—I do not know that goods of mine have gone out before they have been entered—I do not remember any one's going out—I live in the house—I have no establishment out of it, and no place that I occupy
out of it at any time—the prisoner has never paid for goods, and then complained that I and the other clerks have neglected to enter them—I never heard from any one that he made that complaint.
MR. BODKIN. Q. Did you ever know of or permit any piece of calico to be taken or delivered to the prisoner without its being entered in that book? A. No; the prisoner has made application to me, and I have refused to make entries of calico for the prisoner twelve months or two years ago, because it was not calico that I had sold him, or knew anything of the sale of—it would have been improper and irregular in me to have done so.
CHARLES TOWNSEND GARLICK. I have been in Messrs. Boyd's calico department two years—I have sold calico to the prisoner—I have entered, or seen entered, all the goods I have sold him—on 11th Nov., here is an entry in Mr. Gay's writing—I gave the article down—this on the 21st May is my writing—this accurately represents what I then sold him—this entry on 30th April is my writing—it is an accurate entry of what he then had—here is an alteration made by me—he took three pieces more than is entered—he did not like them, and brought them back, and had another piece corresponding with those bought before, only a longer length.
WILLIAM PLUMTREE. I am in Messrs. Boyd's silk department. These are new black ducape handkerchiefs—they correspond with several pieces of that kind in our stock—I have a piece here which matches them.
WILLIAM PAENDERGRASS. I was porter to Messrs. Boyd's—I shall be nineteen years old in Aug.—I was charged with robbing my employers—I was discharged last night. The prisoner was porter there also—about 12th or 14th Jan. he spoke to me about a piece of calico—I do not remember the quality of it—it was market "F"—it was in the receiving-room, where returned goods are—he asked me to tie it up—I did so, and in the evening he asked me to take it to a public-house in Bunhill-row—I said, "Is it the one of the corner?"—he said, "No; it is higher up, opposite the gate of the Artillery-ground; and wait there till I come"—I went, and waited three—quarters of an hour—he came, and I went from there to the Eagl-wharf—he asked me to have a glass of ale, and I left him then to take the calico home—he had before that, had conversation with me about taking things—I saw him first with a piece of stuff in the receiving-room, and said to him afterwards, "Hamy, you would be the last man that I should have thought of doing such a thing"—he said, "I have done it; I hope you won't say anything about it"—I said, "I shall not"—he said, "Peter is going to have half, and I will give you 5s."—I said, "Don't do this again; if you do it, don't let me see it"—on the day before this piece of calico was taken, he said to me, "Peter says you want a piece of calico"—I said, "I do not"—he said, "You may as well have a piece, and Peter will put it down; you can take it into the room in the morning"—I said, "We had a great deal better decline it altogether"—he said. "You must be foolish; you may as well have anything for your own use when you want it"—I was taken into custody—I said to the prisoner, when I was in the library, "How came you by the handkerchiefs"—he said, "That is nothing; you say you bought them in a sale in the Borough, and that will clear you"—when I was in the Compter I told the prisoner I was uneasy, and wanted to tell the truth—he said, "You must be foolish; you are sure to get off"—I said, "What am I to do then?"—he said, "You will not be ale to get a character; you cannot get a situation where you are known: I will give you the money to take you abroad, that is 10l."—the handkerchiefs he spoke about were two that I was charged with stealing—they
corresponded with those produced to-day—I have every reason to believe they came off the same piece.
Cross-examined. Q. You did not tell the truth at the Mansion-house; you thought it better to attend to the advice given you by the prisoner, and to go on telling lies? a. I did till I was remanded, after being accessary to these thefts—I was released from gaol last evening—I went by my own accord to Mr. Boyd's—an officer did not take me—I had not seen one—I believe there is another charge against me—I went to give myself up on that charge—I had not then heard of this charge—I went to tell of it—it was forgery, I believe—I have had no promise of getting out of that if I convict the prisoner—I did the forgery under the direction of the prisoner—it was altering the figures on the carrier's bills—I have not been dishonest for anybody but the prisoner—I did not hear that there was to be a detainer lodged against me—I made a statement, which was written down—I made two or three different statements—each of them was read over to me—they were taken from my lips by Mr. Bottrell—I have been three years at Messrs. Boyd's on 5th May—my eldest and youngest brothers saw me in prison—I did not send any message by them to the prosecutor—I saw my sister-in-law in this prison—I did not see anybody connected with this prosecution—I did not write to Mrs. Boyd—all I wrote was to my youngest brother, concerning a solicitor and counsel—I slept last night at Messrs. Boyd's—I came with them this morning—I have are outside—I know Mr. Gay—I have not spoken to him—I believe they are outside—I know Mr. Gay—I have not spoken to him any further than "Good morning."
(Mr. Foster, of Woodford, in Northamptonshire, gave the prisoner a good character.)
GUILTY. Aged 32.— Judgment respited.
GUILTY. Aged 19.— Confined Six Months
868. MARK CUNDALE , stealing 1 purse, value 6d.; 1 bag, 1d.; 8 sovereigns, 6 half-sovereigns, 12 half-crown, 40 shillings, 20 sixpences, and 30 groats, the property of Thomas Barlow, in the dwelling-house of William Collett; having been before convicted.
THOMAS BARLOW. I am waiter at the Cock Tavern, Fleet-street. The prisoner had been porter there five or six months—it is the dwelling-house of William Collett—I saw the money stated safe in a drawer there on Monday night, the 14th Feb., at half-past one o'clock—I missed it next morning when I came to business—the lock was apparently safe, but the money had been taken by a brocket having been removed—the prisoner absconded the same morning at eight, and on the next Thursday morning a letter arrived—it was not addressed to me—I do not know the prisoner's writing—no money has been found.
Cross-examined by MR. HORRY Q. You unlocked the drawer just as usual? A. Yes—I found a serew-driver in a different place to where it had been—there were some chimney-sweepers there that morning—I cannot say when I had seen it last—the prisoner offered to fight me a week before he went.
WILLIAM PITCHER. I keep the Horse and Groom, at Swaffham, in Norfolk. I saw the prisoner at my house on 16th Feb.—I saw him writing, but did not see what he wrote—it was on the same sort of paper that this letter is—he was writing towards the bottom of the paper, and in rather a larger hand than the top—this letter is so—I believe this to be it—he had several sovereigns, and some silver and coppers altogether.
Cross-examined. Q. You did not look over his shoulder? A. No—I was not asked before, whether the writing was larger at the bottom than the top—(This letter was addressed, "Ann Collins, Cock Tavern, Fleet-street," and contained the following expressions: "I must have been in a state of madness when I did that; to think I should bring disgrace on my family; I do not know what made me do it," &c.—signed, "MARK CUNDALE.")
EDWIN HILL (City policeman, 331.) I took the prisoner on Wednesday—I told him it was for absconding with 16l. of Mr. Barlow's—he said, "I suppose you will make a better job of this than you did of the last?" I produce a certificate of the prisoner's former conviction at this Court, in June, 1847, (read)—in Aug., 1847, he was ordered to be imprisoned four days—be prisoner is the person.
GUILTY.— Transported for Seven Years.
GUILTY. Aged 18.— Judgment Respited.
MR. DEARSLEY conducted the Prosecution.
CHARLES RANKIN VICKERMAN. I am a partner in the house of Rankin and Vickerman. The prisoner was our clerk in Dec., 1846—on the receipt of money, it was his duty to enter it in the cash receipt-book, and pay it into the banker's—the book is here—on 16th Dec., 1846, here is no entry of 2l. 8s. 7d., nor since—this receipt is the prisoner's writing.
Cross-examined by MR. BALLANTINE. Q. Was the prisoner employed in any other way? A. No—he left our employ before we were aware of this—he had no private work to do for me—he may have bought little things when I was going into the country—we have about fifteen or sixteen clerks always engaged—if a clerk had signed a receipt, when he had not received the money, it would be contrary to rule—if he had received this, he should pay it into the banker's unless it was very late.
JOHN MARVIN. I am clerk at Messrs. Hoare's, the bankers. On 16th Dec., 1846, 100l. was paid into our house on account of Messrs. Rankin, by Mr. Charles Primm—there is no such sum as 2l. 8s. 7d. in my book—I cannot answer to any other day.
GUILTY.Aged 30.—Recommended to marcy by the Prosecutor.— Confined Six Months.
MR. DEARSLEY conducted the Prosecution.
Cross-examined by MR. DUNCAN. Q. You were tenant to some clients of these gentlemen? A. Yes—I paid one quarter's rent, at 14l., due at Michaelmas—if I had paid the whole it would have been 7l.
Cross-examined. Q. You were also tenant to some clients of these gentlemen? A. Yea—the rent of my house is 90l. a-year—the prisoner called on me, and received 11l. 10s., and I told him I would call on the following Monday, and pay the remainder of the quarter's rent.
CHARLES RANKIN VICKERMAN. I am one of the firm of Rankin and Vickerman. The prisoner was in our service in Jan.—on his receiving these two sums his duty was to have made a short memorandum in the book, and have handed the money to out cashier—the memorandum has not been made.
Cross-examined. Q. Who was your cashier on 18th Jan.? A. Mr. Walker—he has been our cashier since the beginning of this year—Mr. Hurton preceded him—I think it was in the early part of Feb. that I was first aware that these two sums had not been accounted for—to the best of my recollection Mr. Johns first informed me of it—I said he had better ascertain to what extent it had gone, and let me know—he afterwards told me the prisoner had made up a story of his having been robbed of this money, and that he produced a portion of a bank-note, stating that the other part had been forcibly taken from him—I do not recollect that he told me Cooper had directed him to come and tell his master—I am not aware that the prisoner used to make disbursements for the office—it was not his duty—an account for stamps was shown to me—I did not admit it; I expressed surprise, because we generally have a stock of them in the office.
JAMES WALKER. I am cashier in the house of Messrs. Rankin and Co. On 18th and 19th Jan. the prisoner did not account to me for 3l. 10s., or 11l. 10s., nor has he since he said he was unwell, left for a few days, and never returned.
Cross-ecamined. Q. You have been cashier a short time? A. Yes, it commenced this year—it is the duty of the persons who receive money to make a return of it to me—I am not aware that if they receive a moiety they keep it till they have received the whole—it was not the collector's custom to keep what they had by them for a day or two till the persons paid the remainder—I cannot swear that it was not sometimes done.
FRANCIS MORRIS (policeman, T 70.) I took the prisoner in Feb.—I told him it was on a charge of embezzling several sums, to the amount of 15l., of his employers—he said, "No, it is not so much as that"—he said he intended to go to the office to-morrow to explain it, and if that was not sufficient to give himself up.
THOMAS JOHNS. I am managing-clerk in the house of Rankin and Co. The prisoner has been clerk there some time—Hurton lodged in my house—he was cashier up to about 1st Jan.—the prisoner was appointed to collect the rent of a house eight or nine months ago—he came to me on 1st Feb., and said that Hurton's accounts were very imperfect—I do not recollect that he had come to me before that—I said, "Go to him about it"—I believe I was present on 18th Jan.—I remember Mr. Begant coming to pay some rent—I
think the prisoner asked me if I would take it—I said, "No, I shall not takt it; it is not part of my duty to take money"—I said he had better keep it—Hurton was at home ill then, and I think he was cashier then—I understood he was cashier till the time he left, about 27th or 28th Jan.—I do not remember Mr. Burt coming to pay his rent—I remember the prisoner saying, about a week after he left the office, that Mr. Burt had come to pay his rent, and he had 11l. 10s. from him—ge did not say that on 19th Jan.—I did not know for nearly a week that he had received that money—I do not remember the firm being very pressing about Watt's rent—I have nothing to do with the cash payments—I think the prisoner left about the beginning of Feb.—he never wrote to me—he came to my house, I think, on the evening of 8th Feb., more like a mad man than a sane man—he said he had received some money, and had been robbed—he produced a portion of a 5l. note—the number had been corn off—he wished me to acquaint the firm—I said, of course if he wished it I must do it—I told him about the beginning of Feb. that the firm desired Oliver's account to be made up—I was directed to make out the bill of costs—I told Walker I was going to make out the bill, and the prisoner came to em with a bit for paper in his hand, and said there was something wrong about it with Hurton—I told him, to go to him about it.
(MR. DEARSLEY here withdrew from the prosecution.)
MARY BEESON. I am wife of Joseph Beeson, and live neat Uxbridge. The shirt and cap were on my table on 2nd Feb., between three and four o'clock—I missed them the same evening—these are them—Reid was tried for stealing them—she told who gave them to her.
HANNAH REID. The prisoner gave this shirt and cap to me to mind at half-past seven o'clock in the morning—we came into the Union on 3rd Feb.—I told the officer who gave them to me, and pointed out the prisoner—he owned it—I slept with my mother—the men slept on the other side of the yard.
Prisoner. I did not know they were in my bundle; I travelled on the road with this woman; I was put work in the morning; I told the officer I did not know how they could come in my bundle. Witness. He did not travel much with me—I had more conversation with him than with the other persons—a great many besides us came into the Union.
GUILTY. Aged 26.— Confined Three Months.
THIRD COURT.—Saturday, March 4th, 1848.
Before Edward Bullock, Esq. and the Fourth Jury.
874. GEORGIANA HALL , stealing 3 shawls, 6 teaspoons, and other articles, value 5l. 10s.; and 20 sovereigns, 21 half-sovereigns, 4 crowns, 56 half-crowns, 140 shillings, and 80 sixpences; the property of James Orgar, her master, in his dwelling-house.
JAMES ORGAR. I am a broker, at ward's-row, Bethnal-green—the prisoner was in my service about seven weeks. On the evening of 15th Feb. I told her if she did not mind how she behaved I should discharge her, and if she was in any way impudent I should give in charge, and prove a robbery against her—she said I could not do that, and said, "Pay me my wages"—I left home about an hour after, at twenty minutes to nine o'clock, came back about twenty minutes to twelve, and she was gone without her wages—I went to my drawers next morning and missed two shawls, and 48l. 10s. in silver and gold, which I had put into a box under my bed about eight the night before—there was 50l.—three half-sovereigns were left—I missed a pearl ring and six sliver spoons from the same box—I left it locked, but found the lock wrenched out—I searched, and missed other things—I saw the shawls safe on the morning of the robbery—I informed the police, and described the prisoner—she was brought from Bath in Custody—I used to give her 2s. a week—we were on friendly terms—we slept together all the time—these shawls are mine—(produced)
WILLIAM TIPPER. I am inspector of the police. I received information, and on 19th Feb. took the prisoner at a house in Wine-street, Bath—I said she was charged with stealing 33l. 10s. in gold, 15l. in silver, and some shawls—she said, "I did not take much, I only took 1l. 2s. to pay my way down, and the spoons I have left in London; my master pledged them"—I took her shawl off, finding it answered the description I had received—she said, "That is my own; I brought it in London"—I opened her bosom, said found a purse with 2s. 11 1/2d. in it, and the key of her box, which I opened in her presence at the station, and found a sovereign, two boxes of new things, and another shawl. corresponding with the information I had received—she said, "That is the shawl my master gave me."
JAMES ORGAR re-examined I had given her a common blue shawl which is in the bundle, but not one of these—they belonged to my wife, who is dead—I did not allow the prisoner to wear them, nor to go to my drawers—I missed several things, and said, "If you go on with these pilfering games I shall turn you out of the house"—the spoons have not been found—I could swear to the shawls out of 1000—they have no mark—I have had them eighteen months—I made her no presents, but an old gown or two—she has had 7s. 6d. of her money.
GEORGE TKAKLE (police-segeant.) The prisoner was brought to the station by Tipper—Orgar came and preferred the charge—she said, "It was not to that amount; there are those who know the amount as well as you do, and you know"—she said she would not be alive three hours, and I had her watched during the night—I produce the lock of a box and an old dress which Orgar gave me.
ANN GOFF. I am the wife of James Gof, of Upper Whitecross-street, The prisoner is my sister—on 24th Nov., 1834, I was her bridesmaid—she married Henry Vickery, at Shoreditch church, by banns—her name before that was Elizabeth Harris—they lived together more than a year—she had a daughter, and then left her husband—I saw him the day before yesterday—he called at my house—I have a copy of the marriage-register—I have compared it with the book—It agrees—he was in the habit of coming backwards and forwards—he has been working with the master to whom he served his time.
JAMES COSINS. I live at Short's-gardens, Drury-lane. Two years ago the prisoner was my housekeeper ten months before I married her; she represented herself as a single woman—we were married at St. Martin's Church—she afterwards said she had been divorced from her husband; and at another time that he had been dead four years—she began to drink a good deal, and we parted, about three weeks after which she was living in the next street, and I saw her goings on, which led me to inquire and have her apprehended.
JOSEPH THOMPSON (policeman, F 11.) On 8th Feb. I went with Cosins to Endell-street, Long Acre, and took the prisoner—I said it was for being married to Cosins—she said, what she had to say she should reserve for another time—this is a true copy of the St. Martin's registry—I have examined it (produced.)
Prisoner's Defence. I lived with him more as his wife than housekeeper; I ate, drank, and slept with him; I told him my husband was alive, I had not seen him for ten years; he said he had no objection o marrying me, and he would do me no harm; I have not seen my husband for ten years, though my sister has.
GUILTY. Aged 30.— Confined Twelve Months.
JOSEPH GOODALL. I am grinder to Mr. Joseph Wilde, of Golden-lane—he had no partner. On 25th Dec., about seven o'clock, I left the shop, leaving thirty-five filed on the floor, and nine in a tub—I left the shop open—I have nothing to do with shutting it up—I and two men came out, leaving no one there—I went back on Friday, soon after seven o'clock, found it open, and missed thirty-five files—I saw them again at the station—these are some of them (produced)—they are Mr. Wilde's.
Cross-examined by MR. O'BRIEN. Q. How many men work there? A. About three—there is a man to take care of the shop in the evening—I swear to them by this mark.
CHARLES MATTHEWS. I am a cutler, and rent part of this shop. On Thursday evening I left twenty-seven knife-blades there—I left before Goodall—the police called on me on Saturday, and brought me a knife-blade—I knew it—I then went to the shop, and missed them—these are them (produced.)
Cross-examined. Q. Have you a partner? A. No—I left my man Hoye at work, and two others—one of the owner's men has care of the factory—he is not here.
JACOB VANDENBURG. I am a dealer in marine-stores, at Rosemary-lane. On Friday morning, between nine and ten, the prisoners and another man came to my shop—Thompson carried a bag of files—Jennings had the knives—they offered them to me for sale—I thought it was not right, went out for a policeman, but could not find one—I kept them in talk—they said it was all right—they said they came from the Commercial-road—we could not agree about the price, and they took them, away, leaving this knife-blade behind (produced)—there was a cab standing there before they came to me—a policeman came—I went with him after the prisoners, not a quarter of an hour after they had left—we saw them go from the public-house where the cab was to my brother's shop, at Sparrow-corner, close to mine—we afterwards found them at the public-house—the policeman took Thompson—the others walked away—I went to my brother's, and saw some files there—these
are them—the policeman was there, and one of the prisoners—I gave him in charge—he said he did not know anything about it, he met a person on the road who asked him to carry them.
Jenkins. Q. Did I carry anything into your brother's shop? A. No. JAMES PATTERSON BODDINGTON (policeman, H 102.) I went to the public-house with Vandenburg, and saw the prisoners and another outside the door—I took Thompson—the other two walked away—I went to the shop at Sparrow-corner, and received these thirty files.
THOMAS KELLY (police-sergeant, H 2.) On Friday morning I was at the station—Thompson was brought—I told him the charge—he said, "I know nothing about it; I never offered them for sale"—he afterwards said he met a man in the Commercial-road, who told him he had purchased them at a sale, and he thought it was all right.
(Thompson received a good character.)
JENNINGS— GUILTY. Aged 22.
THOMPSON— GUILTY. Aged 23.
Confined Six Months.
SAMUEL KEEBLE. I am waiter at the Nag's Head, Postern-row, Tower-hill. The prisoner assisted me on Sundays—on Sunday, 12th Feb., about half-past three, I sent him to fetch some coals out of the cellar—there is a cupboard at the foot of the stairs, in which I had seen a scarf tied up is a small handkerchief at half-past one o'clock—it was not locked—I heard the door open and shut again while he was there—there was no one there but him—he came up and said, "I am off"—he ought to have stayed till twelve—I missed my scarf between eight and nine the same evening—I did not see him again till the Tuesday, when I gave him in charge—I asked him where the scarf was, what he had sold it for, and said I would have no more bother about ut—he said he knew nothing about it—I saw the handkerchief taken from him at the station—this is it (produced.)
CHARLES BUTLER (policeman, H 21.) I was at the station when the prisoner was brought—Keeble charged him with stealing a scarf—he denied it—I searched him, and found this handkerchief in his pocket—Keeble directly said, "That is mine."
GUILTY. Aged 21.— Confined One Month.
HENRY MERRYMAN. I live in Queen-street, Brompton. The prisoner was in my service six or eight months, to carry out milk, and receive money from customers—he left on 13th Nov.—when he got money he ought to account to me for it the same evening, get the bill receipted, and take it back again—if I was not there he should give it to my wife, but to no one else—Mrs. Scaton, of Lowndes-street, is a customer of mine, and pays monthly—he has never accounted to me fot 11s. 1d. received from her at any time.
Cross-examined by MR. HORRY. Q. Is your here? A. No—the prisoner had to go fifty or sixty customers twice a day—he took ready
money from very few—he used to bring the books to me—he made no memorandum himself—it was sometimes six weeks before Mrs. Seaton paid—this is the only charge against him, but I let him off once before.
SELINA BAILEY. I am in the employ of Ellen Seaton, of Lowndes-street—I used to pay the prisoner money—there was a book kept—it is not here. On 18th or 19th Oct. I paid him 11s. 1d.—I gave him the book, and did not get it again for a fortnight—I have paid him other sums besides.
Cross-examined. Q. You sent the book home repeatedly? A. Yes—sometimes it did not come back for two days or more—I did not make memorandums of the payments—I paid several other bills that day.
HENRY MERRYMAN re-examined. The prisoner might have brought the book back the same day, but as he did not say anything about the money being paid it would go back in the usual way—when it came without money I entered the items, and sent it back—it came back with a mark against the first three weeks—that was how I found it out.
(The prisoner received a good character.)
DAVID STEVENS. I am a licensed victualler, but have been out of business three weeks—I live at Hoxton. On Sunday night, 13th Feb., between eleven and twelve o'clock, I met the prisoner in Shoreditch—she asked me several times to treat her to something to drink—to get rid of her I gave her a glass of gin at a house in Shoreditch, and I had three halfpenny-worth—I did not take out my purse—I went away towards home—when I got into Old-street I turned round, and saw her six or eight yards behind me—I did not speak to her, but walked into King-street—she came up, and attempted to lay hold of my private parts, sounded my pocket, tore it down, took my purse, and ran away—I ran after her into Hoxton-square—she passed something to a female, who was waiting there—I was going to follow, and was stopped by two men, who laid hold of my collar—the second woman called "Police!"—a policeman came up—the prisoner never left the spot; she had no chance—I stood close to her with a stick.
Cross-examined by MR. PAYNE. Q. Had you any public-house then? A. I left it the day before—I have the license now—I had been drinking at my house with the party who had taken it, but not to excess—I did not tell the prisoner it was her turn to treat me—my flap is part of my pocket—the men had hold of me when the policeman came up—they said, "Halloo, master, what is the matter? have you lost anything?"
WILLIAM AMY (policeman.) I heard a cry of "Police!" went to the spot, and saw Stevens and two men—they had not hold of him—the prisoner was close to him—he gave her in charge—she said she had seen nothing of the property.
JURY. Q. Did Stevens appear as if he had been drinking? A. No.
GUILTY. Aged 25.— Transported for Seven Years.
880. GEORGE HAWKINS, JOHN HOLBORN, WILLIAM JONES , and GEORGE LAWRENCE , stealing 1 pair of trowsers, value 1l. 5s., the goods of James Lawrence Turnbull; and 1 waistcoat, 5s., the goods of George Turnbull: Jones having been before convicted; to which
HAWKINS pleaded GUILTY.Aged 14.
HOLBORN pleaded GUILTY. Aged 14.
Recommended to mercy.— Confined Three Months.
JONES pleaded GUILTY. Aged 20.—(See next Case.)
GEORGE PARSONS (policeman, N 177.) On 5th Feb. Hawkins was given into my custody at the Britannia Saloon, for stealing a waistcoat and a pair of trowsers—on the following Wednesday, in consequence of information, I took Holborn at his father's, in Holly-street—I asked Holborn if he had seen Lawrence and Jones with any trowsers—he said, "No"—Turnbull was there, and charged him and Hawkins—Jones and Lawrence were given in charge afterwards.
FREDERICK TURNBULL. I live with my father at Holywell-mount, Shoreditch. On 31st Jan., about a quarter-past eight o'clock in the morning, a pair of trowsers and a waistcoat of my brother's were given to be brushed to Hawkins, who was in my father's service—at ten o'clock I found he was gone, and the trowsers too—I received information, and saw him on the next Saturday at the station, and charged him—these are the trowser (produced)—they are my father's, james Lawrence Turnbull's property, as I am not of age—I cannot swear to the waistcoat.
GEORGE SECKER. I am assistant to my father, a pawnbroker, of St. Luke's. I produce a par of trowsers and a waistcoat, pawned by a man in the name of Jones—I pinned this ticket (produced) in the corner, and gave the other to the person pledging them—I cannot identify either of the prisoners.
GEORGE TURNER. I live with my father, at Holywell-mount—I know the prisoners. On 31st Jan., at eight o'clock in the morning, I saw them outside Mr. Turnbull's shop, talking to each other—I did not see any trowsers.
THOMAS TURNER. I am in the employ of Mr. Turnbull. On 31st Jan., at nine o'clock in the morning, I saw Holborn, Jones, and Lawrence, outside the shop, and Hawkins at the corner of the street, about ten yards off—Hawkins came in—I afterwards missed him—I went to his master's, and could not find him.
Lawrence's Defence. I was in their company at eight o'clock, but was not concerned in the robbery.
JOHN SUTHERLAND (policeman, K 372.) On 5th Feb., about a quarter to four o'clock, I stopped the two prisoners in the Bethnal-green road—Jones had a bundle under his arm—I asked him what he had got—he made no answer—I took it—it contained two pairs of boots, and two pairs of shoes—Lawrence walked away, but was brought back—they both said they bought them of a man in the street—I took them to the station, searched them, and found on Jones a duplicate and a cravat, and on Lawrence two sil handkerchiefs.
JOHN THOMPSON. I am in the employ of Thomas Reed, a boot and shoemaker—he has no partner. These boots are his, and have his private mark on them—they are new, and have not been sold—I cut them out—I do not know when they were lost—our stock is very large.
Jone's Defence. I did not steal them.
Lawrence's Defence. I did not steal them.
WALTER WHITE (policeman, G 168.) I produce a certificate of Lawrence's former conviction—(read—Convicted Oct., 1846, of stealing boots, having been before convicted; confined twelve months)—I was present—he is the person.
JONES— GUILTY. Aged 20.
LAWRENCE— GUILTY. Aged 19.
Transported for Seven Years.
ELIZABETH ANNA MARIA BYRNE. I am wife of William Augustus Byrne, a surgeon, of St. Martin's-lane. The prisoner was in my service, and left on 19th Feb.—I saw her in bed—I do not know whether she was tipsy—her pocket was on the floor—I searched it, and found in it a needle-book, containing some pawnbroker's tickets, one of which referred to this pair of sheets—it was tied round with black cotton, to appear like a winder—I put it back again—I missed several other things—I found my silver thimble—I had not missed it—these sheets are like mine.
GEORGE WILKINS (policeman, H 183.) I took the prisoner at Mr. Byrne's—I said she was charged with stealing several things of Mr. Byrne's—I asked her about the thimble—she said she had got a brass thimble, but she produced a silver one—I asked her about the duplicate—she said she found it against St. Martin's Church—she was wearing these slippers at the station—(produced.)
Prisoner's Defence. The slippers are mine; Mrs. Byrne would only let me have one sheet, as she said the servant before me had stolen them.
MRS. BYRNE re-examined. I missed the sheets a day or two before she was given in charge, while she was in my service—I do not know how long before they were safe—she had only lived with me five days, but I have no reason to believe they were taken before—I had a good character with her.
GEORGE MORTLOCK. I am a black smith, at Green-street, Black frairs-road. On 3rd March, between ten and eleven o'clock, I went into the tap-room of the Red Lion, in Poppin's-court, and called for some beer—the prisoner was there—she removed, and came and sat by my side, put her arm round my waist. and asked me if I would go home with her—I asked what reason I had
to go home with her—she laughed, and I felt her hands in my pocket—I had five shillings, three new sixpences, and 4d. of coppers there—two of them were old shillings—I said, "What are you at, are you going to rob me?"—she said, "No," and put her hand into her bosom—I made a snatch at it—she had nothing in it, but I heard money jink in her bosom—I missed 2s. 6d.—I asked her directly for the 2s. 6d. she had robbed me of, or I would fetch an officer—she said, "I have no money of any kind about me," and called out, "Murder!"—I fetched an officer, and gave her in charge—she said she had got some money, but it was her own,
Prisoner. Q. Were you not treating four or five women? A. No—I did not take liberties with you in the tap-room, and fasten the door—I did not make you drunk.
ELIZABETH JOY. I am the wife of William Joy, a City-policeman—I search females at the Fleet-street station. The prisoner was brought to the station yesterday morning—I searched her, and found four sixpences and one shilling, tied up in a rag—a new sixpence and shilling, and an old shilling, fell loose from her clothes as I was undressing her.
WILLIAM PRICE (City-policeman, 66.) I took the prisoner—in going along she attempted several times to get her hand into her bosom; and said she would give the man his 2s. 6d., if he would say nothing about it, and let her go home to her children—I have taken her two children to the Union.
Prisoner's Defence. I brought the money from home, to go to market with.
GUILTY.— Confined Four Months.
JOHN HURSTWAITE LEETE. I deal in provisions, at 43, Sloane-street. The prisoner has been in my employ since Sept.—on Wednesday evening, 9th Feb., I marked three shillings, and gave them to Mr. Wain—on Thursday morning the prisoner was left in charge of the shop—there were two other shopmen there—I was away for two hours—if he received money in my absence he should put it into the till—I came back, went to the till, and found only two marked shillings—there was 2l. in silver there, and a great number of shillings.
Cross-examined by MR. BALLANTINE. Q. Are those shillings here? A. Yes (produced), I had laid a trap for the prisoner—I also marked half-a-crown, and gave it to Mr. Cook, of Sloane-square, and a shilling and a sixpence, and gave them to Mr. Smith, of Sloane-square—he is not here—I had marked fifteen shillings the week before, and placed them in a bag—I did not keep them, I did not think it necessary—they were marked in a different way to these—they were put into a cash-box for security—he had not access to it—when he was taken he asked the policeman to search him—he wanted his box searched, but the policeman said he had no authority—he objected to be taken to the station—he was taken, and the boxes were then searched, in his absence—the policeman had got authority from the station-house—the policeman had never seen any of the marked money—my sister asked me for the key of my cash-box that morning, to give the prisoner 20s. for change—he had to go his rounds at ten o'clock.
GEORGE WAIN. I am a grocer, at King's-road, Chelsea. On Wednesday evening Mr. Leete gave me three shillings, which I gave to my wife next morning—I saw her give them to the servant, with directions—my wife is not here.
Cross-examined. Q. Did you examine the shillings before your wife gave them to the servant? A. Yes—I put them into her hand, and she gave them at once—I had kept them in paper all night—here are the marks—they are both marked in the neck, exactly, alike.
MARY ANN SMART. I am servant to Mr. Wain. On Thursday morning, about eight o'clock, my mistress gave me 3s., with instructions—I went to Mr. Leete's, and brought 1lb. for butter and a box of biscuits, of the prisoner, and gave him the same 3s.—I did not see what he did with it.
JONATHAN HARRIETT (policeman, B 183.) On Friday, 11th Feb., about seven o'clock in the evening, I was called to Mr. Leete's—Mr. Leete said he gave the prisoner in charge for robbing him—the prisoner said he knew it was for marked money—I searched him, and found 2s. and a 4d. piece—I did not go into his room then—I did after he was locked up—Mr. Leete was there—I searched his box, and found 18s., the greater part in shillings, and a franc—I put them on the table—Mr. Leete picked out this shilling (produced) and gave it me—I have kept it ever since.
Cross-examined. Q. Give me the prisoner's exact expression about the money? A. He said, "That is about marked money; I have remarked to the shopman that there had been marked money paid to me before"—it was not consistent with our ruled to search his boxes without an order—he asked me to search them, and see if there was any marked money—I would not do so—I believe I told the Magistrate what he said about the marked money—I am not confident—I had no object in not saying it—I did not see the money in the till.
(The prisoner received a good character.)
JOHN HILL. I am a builder, at Walbrook. On 21st Jan. I had a boatload of bricks unloading at Sermon's-wharf, New North-road—Sales was in my service, and was carting them to my buildings, close by—about half-past four o'clock that afternoon, I saw my cart in Thomas's-yard, about half a mile from my premises, three-parts full of bricks—there were some other bricks of the same quality, shot in the yard—both prisoners were there—they saw me, and went up the back premises—I went into the yard—they were together—I think I said, "What are you about now?"—Thomas said, "It is the first time your cart has been here, and I hope you will overlook it"—I left them to look for a policeman—I could not find one, and came back with a person named Bradick—the prisoners were both gone—the bricks were still in the cart—they were mine, and those unloaded were mine—there were about 300 in the cart, and I should say 300 unloaded—next morning the bricks came home, with a letter addressed to me—I informed the police—I did not see Sales for a fortnight.
Cross-examined by MR. HORRY. Q. How long had he been in your service? A. About eighteen months.
Cross-examined by MR. PAYNE. Q. It is an open yard where rubbish is shot? A. Yes—I did not hear what Thomas was saying to Sales.
WILLIAM EDWARD BALL (policeman, N 365.) On 22nd Jan. I received information, and took Thomas his house—I said it was for receiving some bricks—he said it was very hard he should be taken, as he was not present when the first load was hot; and he was questioning him when Mr. Hill came up.
Cross-examined by MR. PAYNE. Q. Has he borne a good character? A. Yes—I have known him for some years—he keeps a shop in Hoxton—he said Mr. Hill came up; he found there was something wrong, and sent then home.
RICHARD WATKINS. I am sergeant of the Enfield police. On Sunday afternoon, 13th Feb., I took Sales at Enfield, and said it was for stealing bricks of his employer, Mr. Hill, at Hoxton—he said, "I know nothing about it; my master drove to the yard, saw me with a load of bricks, conversing with Thomas, and I went away, and I believe the other did also; I should not have done it if it had not been for the other, and he was to give me 3s. for the load of bricks."
(thomas received a good character.)
SALES— GUILTY. aged 23.— Transported for Seven Years.
THOMAS— GUILTY.— Confined Six Months.
OLD COURT.—Monday, March 6th, 1848.
Before Mr. Recorder and the First Jury.
MR. PAYNE conducted the Prosecution.
KLLEN KALE. I live at 7, St. George's court, Bluegate-fields. On Friday night, 28th Jan., I was at the Lord Lovet beer-shop, with Julia Lyons—the prisoner came in and called me—I did not go, and he called me again, and said he only wanted to speak to me for a few minutes outside—I consulted with Lyons, and then went with him to the Duke of York, and had a quartern of rum there—we then went to another public-house, and had some beer and rum—about twelve o'clock he went home with me, and we went to bed together—I could not go to sleep, and in the course of the night he asked me if I could not go to sleep—I told him no, and he said he could not go to sleep—he went to sleep after that—I awoke about seven—I told him I wanted to get up and do my washing—we both went to sleep for a little while after that, and about a quarter-past eight I told him that two young women up stairs were getting up, and I must get up—he said something, but I can hardly recollect what—we had had no quarrel on the Saturday previous—he asked me what day it was—I told him Saturday—something was said about the word "goose," but I cannot recollect what—he stuck a knife into the front of my throat, which bled—I cried, out, "Murder!"—I told him, while my throat was bleeding, I would forgive him if he left off—he did not leave off—I cannot say what more happened, for I had no feeling—I did not faint, but I could not tell where he was stabbing me—he kept on stabbing me—after some time I called out for Catherine, the young woman who keeps the house; and he said, "What! not dead yet?"—a young man then broke open
to door—the prisoner was then just at the foot of the bed, trying to escape—I had some wounds at the back part of my person—when the door was broken open, he had hold of me by my hair, I think—the young man made sings to me to run out, and enabled me to escape—I was examined by Mr. Ross, a surgeon, and afterwards went to the London Hospital—I was there a fortnight all but a day—I tried to get the knife away from the prisoner while he was stabbing me—I was not able to do so—I held it—the last gash I got was on the arm.
Cross-examined by MR. I'BRIEN. Q. How long have you been acquainted with the prisoner? A. Better than four months—I have been in that house with him once before—we have frequently been in other houses—I had no quarrel with him that evening—he paid for the rum and a pint of stout between us—Lyons was not with us then—she did not go to the first public-house—I had seen the prisoner on the Monday night, and had something to drink with him—we were in another house for that night, and parted good friends—he was drank when I meet him this night, and when we went to this house of Hall's—we did not drink in bed—he got up in the night, went out into the court, and I think he was sick there.
CATHERINE HALL. I live at 7, St. George's-court. On Friday night, 28th Jan., the prosecutrix and prisoner came to my house and went to bed in the down-stairs room—I slept in the room immediately above them—there are but two rooms—between eight and nine o'clock on Saturday morning I heard Kale cry out, "Murder!" and say that her throat was cut—I had not heard any disturbance before that—I got up and went into the room—she was then on her face and hands at the foot of the bed with her chemise on—she was in the attitude of getting away from the prisoner, who was stabbing her on the backside—there was a good deal of blood on her—I went up stairs to tell a young woman who was with me, opened the window, and called "Murder!"—a young man going past burst the door open—he got a poker from next door, and staid till the policeman came—Kale escaped into the street—a knife was afterwards found in the room—I saw the prisoner's hand moving, as if in the act of stabbing.
WILLIAM TAPLIN (policeman, K 234.) On 29th Jan., about nine o'clock in the morning, I went to the house, and found the prisoner in the downstairs bed room—there were two men standing at the door—I observed some blood on the bosom and left sleeve of the prisoner's shirt, and on his hands—there was a large stain of wet blood on the foot of the bed, and another on the head—I asked the prisoner what he had been doing—he said, "I have had me b—y revenge of her for scratching my face and biting me last Monday night, and you can now do as you please."—I left him in charge of the two men, went to No. 9, and there saw Kale in her shift—both her shift and person were completely smothered in blood—I left her with Sergeant Townsend, and took the prisoner to the station.
Cross-examined. Q. Had you known the prisoner before? A. Yes, for the last seven or eight years—I always considered him a hard-working, quiet inoffensive man—he was a coal-whipper.
DANIEL ROSS. I am a surgeon, at High-street, Shadwell. On 29th Jan. I was called to 7, St. George's-court, and examined the prosecutrix—I found numerous wounds on her body—she was bleeding profusely from some of them—there were two superficial wounds on the right side of the head, one on the front, and rather to the right side of the throat, a deep wound on the back of the neck, a very severe wound on the upper right arm, penetrating to
the bone, one slight one on the right wrist, one on the fore finger, and one the second finger of the right hand, also slight wounds—there were two the back, below the shoulder bone, one on the left side, just over the rib not deep; a superficial wound on the little finger of the left hand, dividin the nail; one between the thumb and fore finger of the left hand, three the left shoulder, and one at the upper part of the same shoulder, all very deep wounds, and four very deep on the lower part of the loins, amounting altogether to twenty-two wounds—there was no danger—they were all fleb wounds—no important part was wounded—she was greatly exhaused at the time from loss of blood—I afterwards had her removed to the hospital—the wounds healed kindly—it is impossible to say whether any of them might have occasioned lock-jaw—sometimes a most trifling wound will do that—have seen lock-jaw produced from a prick of the finger—the wounds her hands might have been occasioned by her hands coming in contact with the knife in struggling—the wounds on the haunch and shoulder could not the deepest wound was rather better than two inches.
EDWARD EANDERER TOWNSEND (police-sergeant, K 8.) On Saturday morning, 29th Jan., I went to St. George's-court, and found the prisoner them with Taplin the constable—I searched him, and found on him 3 1/4d.—I found no knife on him—I found this knife (produced) in the room with the handle broken, between the sacking, on a box under the bed—on more closed searching, I found at the foot of the bed the blade of a knife, which fits the handle, stained with blood—on the inside of the bed I found another portion of the handle, and between the bedstead and the window a portion of the iron of the back of the handle—putting them together they make a knife—took the shift that Kale had on—it was covered with blood, and had a grass many cuts in it—I afterwards saw the prisoner at the station, showed him the knife, and asked him if it was his—he hesitated, then said it was not, he knew nothing of it.
GUILTY on 2nd Count. Aged 28.—Recommended to mercy by the Prosscutrix.— Transported for Ten Years.
887. JOHN DAVIS, RICHARD WELCH , and JOHN ROBINS , feloniously and sacrilegiously breaking and entering a chapel, at St. Giles's-in-the-Fields, and stealing therein, 1 chalice, 2 cups, 2 pattens, and 3 leather bags, value 9l. 13s.; the goods of John Dean paul and another; and 3 cassocks, 3 scarfs, and 1 bag, 7l. 13s.; the goods of Robert William Dibden, clerk.
MR. BRIARLY conducted the Prosecution.
MARY ANN WARD. I live at 13, West-street, St. Giles's, and have the care of an Episcopal Chapel there—the service of the Church of England is performed there. On Wednesday night, 23rd Feb., I left the chapel locked up safe—the vestry door was locked, and all the property within was safe—I went there again about nine o'clock on Thursday morning—the vestry had then been broken into, the plate-chest broken open, and a chalice, two pattens, or salvers, and two cups, which were used for the purposes of the Church, taken from it—the poor-box in the chapel had been broken open, and a little money taken from it—three cassocksm a gown, and two scarfs were also gone, and some money, out of a small cupboard.
COURT. Q. How did it appear the place had been broken into? A. The
vestry door had been broken by force—that is an inner door—you get to it through the school-house door.
JOSEPH THOMPSON (police-sergeant, F11.) On Thursday, 24th Feb., I went to West-street Episcopal Chaple—the outer door was not broken open—at the vestry door the doorpost had been worked away by a chisel, or some sharp instrument, which allowed the box of the lock to be forced back, with a little pressure, and the door to Come open—there were marks of its having been forced—I afterwards went to Compton-street and High-street, and saw the three prisoners walking up High-street together—I got out of the way, as well as I could, into a pawnbroker's shop, and as they came by I beard Welch say to either or both of them, "Now don't be a b—y month, and I will wait for you"—they went on, and Welch waited close by there—I lost sight of the other two and of Welch, for a minute—I them fetched West and another constable, and when we came to the end of Compton-street I saw Robins coming down on the opposite side—where he saw me he ran up a court—I ran after him, and said I wanted him—West came, and took him into custody—I then came out of the court, and Davis was passing by with this handkerchief, which I afterwards found contained nearly all the plate—the handle of the chalice was aticking out of the handkerchief, through an opening—it was not tide up very closely—whether he saw us or not I cannot say, but he turned into a shop close by there—I went to him, and told him I wanted him for stealing the communionplate in West street—he said he knew nothing about it, and commenced fighting with me very violently—I ultimately secured him, and handed him over to another constable—I then went into a barber's shop, at the corner of Hampshire Hogyard, where I saw Welch standing, and said I wanted him for being concerned with Davis and Robins in stealing, the communionplate in West-street—after conveying him to the station-house, I went to 27, Compton-street, to the back room, third floor, and there found the remnants of two surplices, these three letterbags, and other property—I had seen Robins go into that house once previously—I believe they are his discharged at the station-house—Robins stated at the station that she was his wife—West also found a great number of things there.
Cross-examined by MR. HORRY. Q. It was two days after the robbery that you heard Welch say this about the b—y month? A. No, the same day—I went direct from the chapel in search of Robins, as I suspected him, and this was about half an hour after I heard of the robbery—I am quite certain Welch uttered those words.
Cross-examined by MR. O'BRIEN. Q. Where did you see the prisoners first? A. In High-street—I do not know whether they them had a bundle—I merely saw them, and got out of the way as quick as I could—the articles went into a very small space—when I did find them they were tied up in a handkerchief—I took the one who had the articles a minute or two after I first saw them—they had separated before I found the bundle—Robins was a little way up the street when I took the others.
WILLIAM WEST (police-sergeant, F106.) I found six skeleton keys, eight latch keys, and two chisels, in the back room, third floor, at 27, Compton-street—I compared one of those chisels with the marks on the platethest, and it fitted exactly—one of the keys fitted the outer door in the passage which leads to the vestry door—on the morning of 24th, I saw Robins 10 High-street—he ran into a court, and I took him—I told him what it was
for—he said, "Oh, let me go up stair"—these was a staircase in the passage—he resisted violently—I felt something in his pocket, and fancying it was the plate, I put him into an iron-shop, and found it to be the upper parts of these two cups—I found a small file on him at the station-house, and on Davis I found these matches.
Cross-examined by MR. HORRY. Q. Who did you take first? A. I only took Robin—they were separately, and all within four minutes.
Davis. Q. When you passed me in the Broadway, had I any property on me? A. I did not look at you—I did not see any.
Cross-examined by MR. O' BRIEN. Q. Who brought you here? A. Mrs. Higgins—I live in the front room, next to robins.
MARY ANN WARD re-examined. These things are the property of the chapel—John Dean Paul is one of the trustees, and Robert Charles Bevan is another—I have the charge of it from them, and take care of it on their account—these cassocks and scarfs are the property of the clergyman, the Rev. Robert William Dibden.
Cross-examined by MR. O'BRIEN Q. How do you know they are the. trustees? A. I have been told so by them, and have received instructions from them—the pew-rents are paid to them, through the manager, Mr. Hofflev—I let the pews, and Mr. Hoffley receives the money—the manager, through the trustees, supplies what is necessary for the chapel—I have been acting there eight or nine years.
COURT. Q. The trustees are the masters, and all the rest act under them? A. Yes, and account to them for that what they receive—they truess appointed me.
Davis's Defence. On the morning in question I met Robins in Holborn, and accompanied him as far as Dudley-street, where we met Welch; he walked along with us a little way, and left us to go to the barber's shop to get shaved; he had nothing to do with it; he was only in our company a few minutes; when the officer saw me first I had no property on me; if I had had the bundle he could have seen it; we met a man who asked Robins if the things he had at his place were safe; he said, "Yes," as he had left them; the man had the bundle; he gave it to me, and asked if I would take left it across to the shop; I said, "Yes;" he said he was going to the Old Crown, and would call as he came back; I took the bundle into the shop, and Thompson came and took me.
JOSEPH THOMPSON re-examined. They were all taken within five minutes of each other, and within twenty yards of the spot where I first saw them—I cannot say whether Davis had the bundle when I first saw him—I did not notice him sufficiently, as I did not want them to see me—I only lost sight of him for about a minute. while I ran up the street for assistance and back again—I had been looking for Robins, and West was then at his house making inquiry for him.
DAVIS— GUILTY. Aged 27.— Transported for Seven Years.
WELCH— NOY GUILTY.
ROBINS— GUILTY.* Aged 25.— Transported for Ten Years.
(There was another indictment against Robins.)
888. ANN ROMAINE . stealing 3 sovereigns, 2 half-sovereigns, 20 shillings, and 1 knife, value 2s.; the property of Richard William, in the Dwelling-house of Adam Edmonds; and EDWIN BISHOP , feloniously receiving part of the same.
RICHARD WILLIAMS. Early on the morning of 5th Feb. I met Romaine, and accompanied her to her dwelling, somewhere in the neighbourhood of Judd-street, went to bed, and almost immediately went to sleep—I awoke several hours after, and found she was gone—I searched my pockets, and found them emptied of their contents—I went and gave information at the station-house—an officer accompanied me back to the house—we searched, and found nothing—left my address at the station, and in the evening a policeman came to me, and I went to the station-house and there identified Romaine, and saw a knife, which was my property, and which I had in my possession when I accompanied her to the house—I lost 5l. in sovereigns, half-sovereigns, and silver—it was loose in my pocket—I had no purse.
ROBERT SMITH (policeman.) About half-past four o'clock on Saturday afternoon, 5th Feb., I found the two prisoners together at the corner of Brunswick-street—Romaine gave Bishop into custody for robbing her of two sovereigns—he said he would go to the station—I took him, and she said she would not press the charge against him, if he would give her back the money—I was desired to search him, and he pulled out a large clasp knife—Romaine said he had got two sovereigns in his mouth—he was told to give it up—he would not do so—the sergeant told him to open his mouth, or he would put a ruler which he had in his hand down his throat—he put out one sovereign, and said he had no more, and Romaine said, perhaps he had changed the other at the public-house—I found some silver on him—Romaine did not press the charge—Sergeant Lester has the knife.
Cross-examined by MR. MELLER. Q. Did the woman not afterwards say, "He had robbed me and taken my things from me?" A. No—they were both drunk.
ROBERT LESTER (policeman, E 10.) I was at the station when the prisoners were brought there on 5th Feb—Romaine said they had been at a public-house together, that she felt sleepy, the money dropped from her hand, and he picked it up—Bishop produced a clasp knife, and he gave up a penknife and 20s. 6d. in silver—he said that was all he had—after I had threatened to poke a ruller down his throat, he produced a sovereign from his mouth—Romaine said the two sovereigns had been given her by a gentleman, but she did not know whether he was at home then—she had left about one o'clock—when the penknife was produced she said, "That is mone; cannot I have it?"—I said, "How long have you had it?"—she said, "Not long; it was given me yesterday by a young man"—she again asked for it, and I said, "No; you can't have it"—I asked if she had any more money—she held out her hand and said, "A penny"—she was afterwards searched, and the searcher brought me 13s. 6d. as found as her—Mr. Williams afterwards came to the station-house and identified her and the knife—some one said two sovereigns were taken—she said there was another in his mouth, and Bishop said, with an oath, "There is not; we changed one at a public-house"—she replied, "Well, I believe he did," and the amount of silver accounted for that—18d. of the silver was taken from his fob—the other appeared more ready to be got at.
Cross-examined. Q. I suppose you heard her charge him with robbing her? A. She said, "I do not want to lock him up, if he will give me back the money"—she said he had taken the penknife from her hand in the New-road.
ADAM EDMONDS. I rent 12, Brunswick-buildings—it is in the parish of St. Pancras—I live in the house—the female prisoner rented a room of me, at No. 11—I cannot say how she came in No. 12—a young woman rents a room of me on the first floor at No. 12, and lives there now—the prisoners did not see her—she saw no ne but my wife's sister—that was at the Police-court—she is not here.
Cross-examined. Q. You would not have gone home with her if you had not been drinking a little? A. I should not—I was a little inebriated—I am confident of her—I met her very early in the morning, between five and six—I cannot say how long she remained with me—I went to sleep immediately, and when I awoke she was gone—it was just getting light—I think there was no candle—I am not quite sure—before I went to the room I was merely in her company the time it occupied to walk a quarter of a mile I suppose—it was then a sort of twilight.
Romaine's Defence. I never saw he gentleman; next morning, going up stairs, I picked up the knife; I was intoxicated; I met this young man, and dropped he knife and money, and he put it into his pocket; the money I had given me by a gentleman who I see once or twice a week, and I thought the knife was my own.
ROMAINE— GUILTY .
Aged 23.—Recommended to mercy by the Prosecutor.— Confined Six Months.
BISHOP— NOT GUILTY.
THOMAS ACKROYD. I am in the service of George Palliser, of Bermondsey street, coach-builder—the prisoner was in his service. On 18th Aug. the prisoner applied to me for an order for three yards of green carpet—I wrote ✗—he went away with it—he brought no carpet back—I have seen the order it is now altered to blue—it was wanted for carriages.
Cross-ecamined by MR. O'BRIEN. Q. Was he in the habit of coming to you for orders? A. Yes—there is a margin to the order—we never have ✗ countermand orders.
JOSEPH MARRINER. I am a carpet-warehouseman, at 9, City-road—knew the prisoner as a coach-trimmer, in Mr. Palliser's employ. On 26th Aug. he came to my place, and wanted six yards of blue carpet—I cut it on and gave it him—he gave me two orders—one was altered from green to blue—I said, "How is this?"—he said, "It is a mistake; you scratch this one out, and write it blue"—the blue is worth 6s. or 7s. more than the green.
Cross-examined. Q. You altered it? A. Yes; both stand blue now—this is the carpet (produced)—it is such as is very generally used—Mr. Palliser will not pay me for it—I have known the prisoner seven years—he has borne a good character—I should not have hesitated if the order had been ten times the amount.
Cross-examined. Q. Used he to work at home a good deal? A. Yes—he put out the goods at our place, and gave them out to women to work—he ought to cut everything out there—about fifty me were at work there in Aug. last—I should say a piece of carpet could not come in without my knowledge—it has not been used in carriages—it is the description of carpet we are in the habit of having—one of the orders is in the prisoner's writing, the other is not—it should have been delivered on 16th July, the date of the order—I was out of town on 18th Aug.—I was away nearly a month—the other order is for 18th July—if the colour of the carpet was to be changed I should write a fresh order; I have often done so—I never authorise any one to orders—the prisoner generally took them—he never obtained different coloured carpet and brought it to me.
MR. O'BRIEN conducted that this did not amount to a forgery, Marriner having written the word "blue." The Court was of opinion that if the prisoner's intent was felonious, Marriner was merely an innocent agent.
(The prisoner received a good character.)
PETER PALLISER. I issued this order for green carpet—the word "green" has been altered since to "blue," in the prisoner's writing—neither blue or green has been received—I have found carpet for every carriage according to the invoice, except this—I have seen carriages away since July, but none with green carpet—I find n 25th Sept. three yards of blue carpet ordered—I gave an order for that, but this was had on 13th Aug.—I used no carpet in Aug.
Cross-examined by MR. BALDWIN. Q. You were out of town? A. Yes; but no carriages went away while I was away—I am able to say positively no blue carpet was used in any carriage between 18th Aug. and 25th Sept.—I have frequently seen the prisoner write—we only repaired one carriage last year—our trade is entirely export—I am sure no carriage was carpeted while I was out of town—the prisoner should have got the carpet directly, not have got two orders instead of one—it was not wanted—I superintend the whole of the work—when he asked me for the order, I said I had given it him before, but he said I had not, and I gave him the order, thinking I must be mistaken—no green carpet was brought in from Marriner's about the same time—I always trusted to the prisoner's knowledge as to the quantity of material—I have never altered orders, to my knowledge—I wrote a margin, the same as I should in a check-book—I have not got it here.
JOSEPH MARRINER. The prisoner presented this order to me, altered as it is now, and had three yards of carpet for it and three for the other—it being dated July did not strike me, knowing that he was in the habit of getting orders, and using them as he wanted them.
Cross-examined. Q. It is nothing unusual for orders to come some time after the date? A. Not at all.
Cross-examined. Q. Can you speak positively? A. Yes—my son was out of town, and I attended to the business—we made out shipments before be went, and had none to ship when he came back—I cannot say whether any of them had blue carpet at the bottom—to the best of my belief they had not—the orders would be checked when Marriner's account came in—he sends the orders with his bill—the prisoner would not have to account to me for the receipt—twenty carriages were shipped from Midsummer to Christmas and here are twenty orders exclusive of this.
891. JAMES CARR FLYNN was again indicted for staling 7 1/2 yards of lustring, 1 yard of taberet, 13 yards of lace, 12 yards of fringe, and other articles, value 8l. 6s. 11d.; the goods of George Palliser, his master.
GEORGE PALLISER. I am a carriage-manufacturer, in Finsbury-pavement. The prisoner was my trimmer for six years—these articles were produced to me by Harvey—I believe them all to be mine—this narrow broad lace was made fro a carriage going to Bombay—here is some more of the same pattern, but of a different colour—I swear to this calico—this silk is for carriage windows.
Cross-examined. MR. BALDWIN. Q. How much lace did the carriage take? A. I cannot say—this is a yard or two that was over—I was not aware that the prisoner worked at his own house—he should cut out on the premises, give out what material is wanted, but not an inch more—he was not foreman, only trimmer—he took each carriage per piece, and paid his own women for making up—if I found him taking things off my premises, I should give him in charge immediately.
PETER PALLISER. I gave the order for the narrow broad lace—this is the same material—I identify each of these articles—I delivered such to the prisoner, to be used in the business—I asked the prisoner if he had any of this white fringe over—he said, "No."
Cross-examined. Q. When was the fringe given him? A. in Aug.—I cannot say what quantity I gave him, without referring to the invoice—I did not measure the festoons—I depended on his honesty to take what was wanted—the quantity coming from the manufacturer was not altered before I gave it to the prisoner—I considered him as honest a man as I could meet with—I have lent him money, and have been to place of amusement with him, but not often—I have been out in a chaise with him—I did not know that he worked at his house—I have never been there—he took his own work away, cut up—I have not sent to his house for things that have been done there.
ROBERT PAYNE. I am in partnership with Mary Ann Payne—we are coach-lace manufacturers, in Great Queen-street, Lincoln's-inn-fields. We supply Mr. Palliser with carriage lace, fringe, and cord—we made this carriage-lace to young Mr. Palliser's oder—we supplied the crimson and white fringe—I produce duplicates of the blue and green—we always put a pattern on the file—we have not made this pattern before or since.
Cross-examined. Q. Do you make a good deal of it? A. Yes—we do not supply other people with green as well as Mr. Palliser.
Palliser's—the prisoner was given into my charge—I took him to his lodging, I Tabernacle-walk, searched the first floor front-room in his presence, and around all this property, and nineteen duplicates—one is for a piece of silk—then the tacks were produced, he said, "Now I shall get twenty-one years"—he said to his wife, "You have got some money, you had better buy some poison, and poison the boy and yourself"—I found a piece of silk at Pick-yard and Roberts, Old-street-road.
Cross-examined. Q. Did you can the prisoner? A. Yes—he is a respectable man—all the duplicates but one related to his own things—eleven ✗rere given up by the magistrate's order.
GUILTY. Aged 32.— Confined Two Years.
(There was another indictment against the prisoner.)
892. ELIZABETH TYRRELL and CAROLINE WILLIAMS , feloniously assaulting Jacob Hood, putting him in fear, and stealing from his person, 4s. his moneys.—2nd COUNT, demanding his money, with menaces; and that they had both been before convicted.
MR. BALDWIN conducted the Prosecution
JACOB HOOD. I am a carman, and live at Portland-mews, Soho. On Saturday night, 12th Feb., about half-past twelve o'clock, I was in New Oxford-street, and met the two prisoners—they asked me whether I would stand a drop of gin—they were together, and both spoke at once—I told them it was too late—they said they were very cold—I went with them into a house in St. Giles'—I believe it was 24, church-lane, and gave Tyrrell 6d. to get some gin—she went for it, and I was left alone with Williams—I am sure she is the person—she kept bothering me to stop there and sleep—I said I would not, I wanted to get away—I gave her some of the gin, and she said I must stand some supper—I felt rather awkwardly situated, and gave her 1s., and they want to get some—another person came, who represented herself as the landlady, and demanded 5s. for the room—I said I did not wish to stop these—I wanted to get away—she then said, "3s."—I said no, I should not give anything, I wished to go—she then went out of the room, leaving both the prisoners with me—as soon as she left. Williams took the poker, and turned to the door, and Tyrrell took a knife off the table—Williams said she would have some money, or she would smash my brains out with the poker, or something of that sort—the other said, if I did not, she would send the knife into the my b—y heart—in consequence of what Williams said, I gave her 2s.—Tyrrell said she would have 5s.—I said I had not it—she then said 3s.—I said I had 2s., that was all I had, and I gave it her—she took it, and let me out—directly I got outside I told a policeman, and gave them in charge—they were then in another room—I parted with my money from fear of personal violence.
Cross-examined by MR. O'BRIEN. Q. What had you for supper that night? a. I had my supper before I went—I had a little bit of their supper—I went into the house because they asked me to treat them with some gin—I was bothered, or I should not have gone—I had no other purpose for going to the huse—no intimacy took place between us—they did not force me into the house—the house is about fifty yards from where I met
them—I was in the room not above twenty minutes altogether—I think it was a first floor room—there was one flight of stairs—there was a sort of bed or couch in the room—I paid nothing to the woman for the room—they did not tell me that the woman would charge them if I did not pay her—I had not given either of the woman anything except what I had sent for, till they took up the poker and knife—I had never seen either of them before—I did not see Williams again till the Monday night, when the policeman fetched me and told me the woman was in custody.
HENRY BINGHAM (policeman, E 153.) I was on duty on Sunday morning, 13th Feb., in Church-lane, St. Giles's, and saw the prosecutor about one o'clock or a quarter-past—in consequence of what he said, I went to No. 24—as I was going up I saw Tyrrell come out of the room which the prosecutor said he had been in, and I Followed her into another room, and found her there lying on a bed, and pretending to be asleep—I roused her, and the prosecutor said that was the woman that got the knife to him, and threatened his life—I told her she must go to the station—she said it was not her—she was very violent, struck me several times, and during the struggle 2s. fell from her mouth.
Tyrrell. They were down my bosom. Witness. They fell from your mouth. HENRY HALL(policeman, E 66.) I took Williams into custody on the 14th, and told her it was for using threats and robbing a man—she said she knew nothing about it—this is Mr. Jardine's writing—I heard a statement made (deposition read—"Tyrrell says, 'The 2s. fell from my bosom; I was beaten by the policeman;' Williams says 'I did not take up any paker to him.' ")
Tyrrell's Defence. I am innocent: the policeman ill-used me very much.
JOHN JAMES ALLEN. (policeman, E 159.) I produce a certificate of Tyrell's former conviction, by the name of Langley—(read—Convicted Nov., 1845,of stealing from the person, and confined eighteen months)—I was present—she is the person.
TYRRELL— GUILTY. Aged 20.
WILLIAMS— GUILTY. Aged 19.
Confined One Year.
NEW COURT.—Monday, March 6th, 1848.
PRESENT—Mr. Ald. GIBBS; Sir JAMES DUKK, Knt., Ald., Mr. Ald. SIDNEY and Mr.COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
THOMAS ELLIS. I am servant to Sarah Ellis. On 2nd Feb., at seven o'clock in the evening, I put eight trusses of hay of hers in a shed in the market, at Marylebone—next morning one was gone—I have compared the truss produced with the other seven, and believe it is the same as the others.
JOHN DARE. I am private-watchman in the market. On 2nd Feb., about nine o'clock in the evening, I saw Skinner go into the shed where the hay was—Austin went to him—Skinner brought out this truss of hay, and Austin followed him—I took Skinner and the truss.
Cross-examined by MR. BALLANTINE. Q. I believe Austin got away? A. Yes—I saw him again the same evening, at a public-house—he said he had not been out of that public-house—that evening—I had known him before—this was about nine o'clock—there was light from the shops in the market—I had had conversation with Austin before—I fell convinced he is the man.
Cross-examined by MR. O'BRIEN. Q. Had you known Skinner before? A. Yes, I locked him in the stable that evening, and he pushed the lock back and got out—he was taken next day—I do not know whether he had been drinking—he did not appear so.
MR. BALLANTINE called
JOHN FREELAND. I am fruiterer. I have known Austin twenty years, but have missed him perhaps four or five years—when he was taken I was at the Champion, at the corner of Exeter-street and Earl-street—I was at the bar about two hours—Austin was there about half-past seven o'clock, and I did not lose sight of him till I left the house, at nine or half-past—it was after I left that he was taken—he was not in my company, but I treated him with a pint of beer—I do not believe he was out of the house—I left him there.
COURT. Q. Who else was there? A. There were eight to ten—I do not know the landlord or his wife—I do not know whether it was a male or female who served me—I think it was last Wednesday that I heard Austin was taken—it was about the middle of last week—his brother told me, and I said immediately, "I was there"—I have not seen him since—I really cannot tell what day it was—it was the beginning of last month.
JOHN MANNING (policeman, D 44.) I produce a certificate of Austin's former conviction—(read—Convicted March, 1840, by the name of John Savage, having been before convicted, transported for seven years)—the prisoner is the person.
Austin. It is all false; I was never here in my life. Witness. I assisted in taking him for that robbery in Feb., 1840—he was tried in this Court on 9th March—I was present—I knew him before he was committed, and since he has come home.
AUSTIN— GUILTY. Aged 33.— Transported for Ten Years.
SKINNER— GUILTY. Aged 28.— Confined Two Months.
MR. BALLANTINE conducted the Prosecution.
JOHN HAMMOND. I a man ironmonger, in Old-street, St. Luke's. The prisoner had been my porter four years and a half—I afterwards employed him as under-shopman—I had an upper-shopman and a lad—the prisoner had 18s. a-week and his board in the house, but lodged out—I took stock about March, 1846, and again in Jan., 1848—I then made a communication to Brannan—there are two tills in my shop, an upper and a lower one—the
bottom till is kept locked—I have one key of it, and the upper shopman has one—in the lower till there is copper, silver, and gold—the upper till is for the prisoner's use—he puts all the money he takes into that till—that money is brought down to the lower till by myself or Mr. West—there is a desk at the end of the counter—money is never to be put in there by the prisoner or my other shopman—on 28th Jan. I marked two half-sovereigns, handed them to Brannan, and he to Mrs. Gladwell—next evening, the 19th, I was in the street watching—I watched Gladwell come away from the shop—I met her, and spoke to her, and went in in a few minutes—I got in about five minutes before six—I saw the prisoner in the shop, and the boy and West—I went at once to the top ill, pulled it out, and there was silver and copper in it, but no gold—the prisoner was by my side at the time—I told him to go up to his tea—he had to pass by the desk in going up—the desk was always open—I took out what silver was in the till—I called in Brannan, I then unlocked the lower till—the gold could not get into that; it is not possible—the desk contains cards, and pieces of paper, and lists of prices, but no money—I saw the prisoner coming down stairs—I gave him in charge for stealing two marked half-sovereigns from the till—I do not know whether I made use of the word "marked"—he said, "If marked money is your plea, you will find none on me"—he was standing on the mat, which is at the foot of the stairs—he was taken into the counting-house, and searched—there was found on him 24l. in gold and silver, wrapped up in pounds, and some coal and meat tickets—I examined the money, but could not find my half-sovereigns——the gold was wrapped in paper, as it would be for the purpose of being put into the till—I asked the prisoner how he came to have so much money about him—he said it was money he had received from his lodgers, and that he carried all his money about him—he said the boy Alfred had paid him a sovereign, and he had out it into the desk—he took Brannan to the desk—I found in a little hole these two half-sovereigns and one sovereign, wrapped up in a piece of brown paper, such as we use in the shop—the sovereigns that were in his pocket were in the same sort og paper—I have never known him or any one else to put money in the desk.
Cross-examined by MR. CLARKSON. Q. How long has he been in your service? A. Altogether, I should say, about ten years and a half—I did not count the silver found in the top till, but from recollection I should say 25s. was the most there was.
JAMES BRANNAN (police-sergeant, G 20.) Mr. Hammond came to me on 18th Jan.—he marked some money in my presence, and it was given to Mrs. Gladwell—next evening I watched near Mr. Hammond's shop till Mrs. Gladwell came out—Mr. Hammond then called me in and gave the prisoner in custody—I found on him money in different parcels, and seven sovereigns loose in his coat pocket—he said he had got the money from his lodgers—I found in the desk two half-sovereigns and one sovereign wrapped in this piece of brown paper—one of the half-sovereigns is one that was marked in my presence—I afterwards went to his house with Mr. Hammond, and searched it—I found there 137l. in gold and silver, and a silver three-halfpenny piece—he money was all done up in different bags in an iron chest—after I returned from the prisoner's house, I looked at the mat on which he had been standing at the prosecutor's but found nothing there.
St. Luke's. I received two half-sovereigns from Brannan—I purchased some goods with them at Mr. Hammond's, to the amount of 19s.—I paid the two half-sovereigns to the prisoner—he put them into a piece of brown paper with some other gold, which appeared to be a half-sovereign, in the top till.
Cross-examined. Q. You went to the Magistrate twice about this? A. Yes—when I first went, I said I knew nothing about the half-sovereign; I had not my spectacles—the second time I went, I knew one of the half-sovereigns—I lodge at Mr. Brannan's.
THOMAS PERKINS. I am in the service of Mr. Mahony, in Leman-street. On 19th Jan., I went to Mr. Hammond's shop about twenty minutes past five o'clock—I paid the prisoner 1l. 0s. 11d. with a sovereign and a half-crown—he wrapped the sovereign in a bit of paper, and put it into the till.
ALFRED STRATFORD. I am in Mr. Hammond's service, On 19th Jan. I paid the prisoner a sovereign, about a quarter-past five o'clock—he wrapped it in a piece of paper and put it in the top till—the prisoner lives at 13, Somerset-street—I have been there two or three times—he has had no lodgers I should say for these four months.
Cross-examined. Q. You went to the till? A. I did not that time—when I went to tea I locked the bottom till—the prisoner would not hand to me such gold as he had taken in business, he would leave it in the top till for me to take it out—I should look in the top till, and remove what gold there was to the bottom till.
THOMAS THOMAS. I do not follow any business—I live next door to the prisoner—some other persons occupied his house, but they have been gone away about four months—I believe there were no lodgers in the house at this time; I have not been in it, but if there had, I should have seen them in the yard and so on.
(Charles Harrison, of Albion-street, Hoxton; James Halbert, of 6 Compton-street; Joshus Nunn, of Northampton-street; William Rlton. of Windsor-place; and Mrs. Child, who formerly lodged at the prisoner's, gave him a good character.)
GUILTY. Aged 42.— Transported for Seven Years.
(The prosecutor stated his deflciency to be at least 200l.
895. HENRY WIFFIN , stealing 1 reticule, 1 purse, and 2 Bank-notes value 15l., 1 half-sovereign, and 20s., the property of Peter Davey, from the person of Caroline Emma Davey; and CHARLES PELLETT , feloniously receiving the same.
WIFFIN pleaded GUILTY. Aged 18.— Confined One Year.
CAROLINE DAVIS. I am the wife of Peter Davis; we live in Sussex-place. On 9th Feb., I was walking in New-street, Dorset-square, about one o'clock—I had a black bag on my arm—it was seized and carried off by the prisoner, Wiffin—it contained a purse and a half-sovereign, these notes, and other money.
said he knew nothing of it—I found on him a tobacco-box, a key, and one penny.
HENRY WRIGHT (policeman, D 42.) I took Wiffin—he had nothing on him—he gave me no direction to enable me to find the purse—the gold, silver, and notes have not been found—I know the prisoners by sight—they are constant associates of thieves—I have seen them constantly together—I saw them together three or four days before 9th Feb.
WILLIAM PINK. On 9th Feb. I saw Mrs. Davis in New-street, Dorset-square—in half an hour afterwards I saw the two prisoners and Wood—I followed them to the Edgware-road—Pellett said he had share give him in charge to the first policeman I saw he said, "For what?"—I said, "For being concerned with a person in robbing a lady in New street"—he said he knew it, he had part of it—they got into a cab, and I followed them.
Cross-examined by MR. PAYNE. Q. What are you? A. A sailor—I had never seen him before—I suspected them because they turned their heads.
PELETT— GUILTY. Aged 20.— Confined Six Months.
GUILTY.— Confined One Year.
JOHN JONES. I am shopman to Mrs. Mary Ann Beach. I watched her shop on 6th Feb.—I saw the prisoner come in after the family was gone to Church—she was the servant—she helped herself to some tea from a consisted marked "H 5s. mixed," and took it down into the kitchen.
Cross-examined by MR. MELLER. Q. Do you live in the house? A. Yes—the prisoner was allowed three ounces of tea a week—Mrs. Beach always gave it out herself—Mrs. Beach's son was in the house at the time this was taken—he and I were sitting at the writing-desk—it goes up some steps to the desk—I could see every one, but person could not see me—it is very dark there—when the prisoner had taken this she went out—the family take tea about five o'clock—I mixed up this tea myself on the Saturday night.
GUILTY. Aged 39.— Confined Six Months.
JOHN RAMSEY. I live in Penton-street. I had a stove in a house in Edward-crescent, Islington—my son saw it safe five or six days before it was taken, and he swore to it, but he is dead—I had seen it safe about two month before—I have no bout this is the same, thought I will not swear to it—I was fixed.
house, about 150 yards from the house this was taken from—I heard a noise of breaking up iron—I went in, and found two boys—Haley was one—I caught him—the other boy got away—I will swear to him, but I believe it was sullivan—I found this stove there—I fitted it to the house, no. 9, Edwards-crescent—it fitted exactly.
RICHARD SMITH LEWIS. I saw the prisoner together on a Saturday afternoon, about the 5th of feb., playing at the bottom of Edward-crescent—I saw them get into a house there—Haley went in first—they came down, and told us to go on, and we said to them, "Go on, you thieves, after cutting off Mr. Ramsey's water-pipe"—we then went and told Mr. Ramsey, and he came.
Cross-examined by MR. MELLER. Q. Had you know sullivan before? A. No—this was between four and five o'clock—it was light—I saw both these boys get into the house, and both come out—there was me and four more little boys—they are not here.
Confined One Years.
899. RICHARD COTTER and DANIEL RAGAN , stealing 28lbs. weight of metal, value 1l.; the goods of William Edmonds and others in a certain vessel, in a certain port of entry and discharge; Ragan having been previously convicted.
Cross-examined by O'BRIEN. Q. Was there a great quantity on board? A. This was all we had—I know there were these four pieces.
Cross-examined. Q. How do you know that? A. From the ship's register, from Mr. Edmonds himself, and from some of the other.
THOMAS FILLERY (policeman, H 137.) I was on duty at the quay, at he docks, on 23rd Feb.—I saw Cotter come from the ship—he ran behind some piles of wood—I followed, and rubbed him down; and while so doing, Ragan came from the ship—I found in that place these three sheet of metal, and on looking where Ragan came from I found one more sheet.
Cross-examined. Q. Where did you find that one sheet? A. On the forecastle of the Dublin—the bows of that ship were right over the quay—I found the three sheets in a road from one gate to the other—I was twenty yards from Cotter when he passed—I did not see anything with him—there were no lamps there—I saw Ragan come off the stage from the ship on to the quay.
Cross-examined. Q. Where were you? A. On board my own ship, which was the second from the Dublin—these was another ship nearer to the Dublin—I saw the prisoners both leave the ship after that.
COTTER— GUILTY. Aged 32.— Confined Three Months.
RAGAN— GUILTY. Aged 30.— Confined One Year.
(MR. PRENDERGAST offered no evidence.)
901. WILLIAM SMITH was again indicted for feloniously receiving a quantity of wood, value 15s.; the goods of the Great Northern Railway Company, knowing it to have been stolen.—2nd COUNT, of Thomas Brassey.
MR. PRENDERGAST conducted the Prosecution.
DANIEL GAYMAN. I live in Prosect-place, Hornsey—I am in the employ of the Great Northern Railway Company, as inspector of works. On 8th Feb. I observed that some posts had been removed from their stations on the railway—I gave directions to John Mattison—I afterwards went with a policeman to the prisoner's house, which is near the railway—the policeman went first—in about five minutes he came to me, and I went into the house—I found a quantity of timber in a room on the first floor—I found a piece of deal scantling, five oak fencing-posts, some fir boards, and some scaffold planking—one piece is marked "T. B."—the contractor for the railway is Mr. Thomas Brassey—I found four large fencingrails in the cellar, and some pieces of posts—I know the property of the Company pretty well—all these were articles that were on the railway—I saw from four hundred of five hundred bricks in the cellar, which had the same marks as the bricks of the Company—I had been in the prisoner's house on 12th Nov.—these articles were not there then.
Cross-examined by MR. METCALFE. Q. Was there any building near to the bricks? A. Not that I observed—I did not see a place where a copper had been taken down—where the bricks came from I do not know—they were new, and were made by Mr. Stroud, a brickmarker—they corresponded with the bricks on the railway, and there is the mark of "I." on them, which is Mr. Stroud's mark—I have no desire to get possession of the prisoner's house myself—I gave the prisoner a notice which Mr. Pitman gave me—I believe this wood was taken off the railway—it is the same kind of stuff as I have seen on it—I do not know what position the prisoner formerly filled—I have been employed on the railway since August last—I believe he was gone before I came—I do not know whether he at one time supplied Mr. Brassey with wood of this sort—I live in the next house to the prisoner—there is a fence between his house and mine; that fence has not been repaired lately, to my knowledge—I have not propped it up—I have not taken posts to prop it up, but two sleepers—I believe this timber to be the property perty of the railway—I do not swear to it—I believe those houses belong to the Company—I pay my rent to Mr. Pitman, who is the Company's receiver—Mr. Brassey is the contractor—no one contracts with him that I know of—I have heard of Mr. M'Kenzie and Mr. Stevenson—they have nothing to do with it, to my knowledge.
MR. PRENDERGAST. Q. You believe this to be the railway property? A. I do—I see marks which convince me it belongs to them—here is "T. B." on some of it.
from Mr. Gayman, and on 8th Feb. I saw a little boy, named Wilks, bring a post off the railway to where he was living, which was at the prisoner's house—I went there with a policeman, knocked at the door, and inquired for Mrs. Willks—the policeman rushed in, and demanded the piece of timber—she said there was none brought in there—I said there was, and said something about the boy—the prisoner came to the door presently afterwards, and inquired what we wanted—the policeman said, "The piece of timber"—he said there was none brought there—I said there was—he said if there was he would reprimand the boy, and send him off next morning—the mother called the boy, and said, "Was any timber brought in?"—he said there was—the policeman said, "Bring it out at the front door"—the prisoner said it should be taken out at the back—we were not inside, the door was ajar—we asked the prisoner to let us in—he said we should not go in—he resisted letting us in for about ten minutes, he pushed against the door—another policeman came up, and we pushed from without—we succeeded in getting in, and took the two boys and the prisoner to the station—we went back about eight o'clock, and searched the house—we went up into the rooms, and found a great quantity of timber and rails, and the post was brought out at the back door by the boy—there were some rails in the room, some in the cellar, a quantity of bricks, and some hoops—as far as I saw, the property belonged to Mr. Brassey—I had seen property of that description at Mr. Brassey's—I saw this form there—it has "T. B." on it; that is the way his boards are marked—I cannot swear to the bricks—these two oval hoops, and one round one, were in the cellar—they are such as were on the railway.
Cross-examined. Q. Do you know anything about the prisoner? A. No—I have been three months in the Company's employ—the prisoner had left before I came—I do not know whether he was to supply Mr. Brassey or the railway with wood—I do not know whether he had a brand of Mr. Brassey's—the bottom of this form has been partly planed, but the name is still there—I think any one making the form up must have seen it—I heard of the Sheriff being in the prisoner's house—I was not in the house—I fastened up the prisoner's windows, not with such pieces of timber as these—there is nothing but the marks which give me to believe that this is Mr. Brassey's property, only the post which the boy took in.
MR. PRENDERGAST. Q. Is this the same property that you have seen on the railway? A. I have seen such on the line—they have property exactly of this description.
WILLIAM HOGAN (policeman, N 323.) I went to the prisoner's house on 8th Feb.—I went in both first and second time—I took the prisoner to the station, and then went and searched his house—this property was found there—we found up stairs five oak fencing-posts, one piece of deal scantling, three pieces of fir paling-boards, two pieces of scaffold-plank, four large fencing-rails, a piece of oak park-fencing, with G.M. partly effaced, and five park-fence palings—the four long rails were down stairs in the cellar—beside these, a great quantity of iron things were found in the cellar, and some bricks—I saw that some of the bricks were marked with smoke—I saw some bricks on the railway which appeared to be marked in the same way with smoke—they were marked "I"—on the first occasion I wanted to go into the house the prisoner would not suffer me to go it—another officer and I had to force the door open.
Cross-examined. Q. Did you tell the prisoner what you were come for? did; and he directed the children to give back the post—I did not tell why I wanted to enter after that.
JOHN RIDGWAY. I am in the employ of Mr. John Brassey. On Monday, 7th Feb. I saw 100 large fencing-rails loaded on a cart at Battle-bridge, and started to go to the Northern Railway at Hornsey—I saw them on the railway on Tuesday morning, but did not count them till the Wednesday morning—I then found there were but ninety-five—I went to the prisoner's house the same morning—the policeman produced four large fencing-rails to me—they were of the same description as the 100 I had seen before—these are them—the other I have not seen—this form has "G. M." on it, and here is a triangular rail and an oak rail which have "G. M."—they are the initials of George Marshall—they are the same description of property as was on the railway which Mr. Marshall had supplied—I have seen exactly the same sort of property on the railway—these iron goods are of the same description—I have examined the marks with Mr. Thomas Brassey's brand irons—one of them will fir the marks; the other will not.
Cross-examined. Q. What is the value of this property? A. I cannot say—I have been in Mr. Brassey's employ upwards of two years—I know the prisoner has been employed on the railway—I cannot say when he left—he was there in June—he had a small contract to erect certain parts of the works, what is called a gin—I cannot tell who he was contractor under—Mr. Brassey is the general contractor—I cannot say whether the prisoner would be under him—I have been on the railway eight months—I do not know whether the prisoner had a brand of Mr. Brassey's—he was not in the habit of marking this kind of property for Mr. Brassey—there were two men appointed to mark this, who have been employed about three months—the prisoner, while he was on the railway, did not mark articles of this description with a brand—he marked, or caused to be marked, a quantity of beetles that he had made, and he had a brand of Mr. Brassey to mark them with—they were Mr. Brassey's property—the prisoner was not supplying articles that are here—I do not know that he was supplying wood—I do not know that he purchased wood and supplied it—I was a contractor myself to make the centres to turn the arches over—Mr. Brassey found the wood for that.
Prisoner. Q. Who paid you your wages? A. You paid part; the other part I never had—I went without my waged the first Saturday.
MR. METCALFE. Q. Does Mr. Marshall supply wood elsewhere? A. In all probability he may, I cannot say—here are the pieces that have "G. M." on them—here is another with the same mark that I brought from Mr. Brassey's.
ALFRED STROUD. I have seen the bricks which have been produced from he prisoner's cellar, and the bricks from the railway—they are the same—I am a brickmaker—I supplied them—here is the letter "I" on them, and some smoke on some of them.
Cross-examined. Q. Where do you live? A. At Ball's-pond—I am a general brickmaker, and all my bricks are marked in the same way—they are not all marked with smoke.
THOMAS BARTLETT. I am an engineer, in the employ of Mr. Brassey. I have looked at this property—these large rails are Scotch fencing-rails—they are made for Mr. Brassey by contract, as far as I know, exclusively for the railway—we have them from Scotland—this post is part of the park paling we have had put up—it is marked precisely in the same way—this piece has come from Mr. Marshall's, of Cobham, in Surrey, and has his mark "G. M." on it—this other one has a "G" on it, and the "M" appears to have been taken out—it
is marked with a timber race—here are boards marked "T.B."—that is Mr. Brassey's mark—I have no doubt about it whatever—these irons are similar to what we had—they were used to make a small coffer-dam at Hornsey—I have no doubt that these are the same things that Mr. Brassey's had in his possession—the prisoner had no right to put Mr. Brassey's mark on any property except Mr. Brassey's—I never heard of it.—I think the last wages I paid the prisoner was the latter end of Aug.—there was no timber of this description bought of the prisoner—on two occasions I brought some poleing boards of him, and eight long poles—these are the only two transactions between Mr. Brassey and the prisoner, with the exception of a few shillings' worth of nails once.
Cross-examined. Q. You have been on the railway some time? A. Yes, form the commencement—the prisoner was employed as a sub-contractor—I left him the making of a variety of things—he found the labour, and we found the materials for barrows and other things—I know Mr. Schofield, a sub-contractor—he has to supply and fix several miles of fencing on the line—the prisoner did not supply part of that—Mr. Schofield supplied it all—I do not know that the prisoner supplied part of the wood for that fencing—I cannot say that he did not—I brought it of Mr. Schofield—this letter (looking at one) is Mr. Schofield's writing—I never did any of the fencing myself, as a contractor—the prisoner supplied some poleing-boards to the amount of about 45l., for the works—that was previous to the middle of Aug.—I do not know where he got that wood from—I believe he got it from Bushey, but I am not sure.
Prisoner. Q. Did I tell you that Mr. Schofield did not pay me, and if you would pay me, I would put it in at 6d. a hundred less? a. Yes, I believe you did, now you call it to my mind.
MR. METCALFE. Q. What is the value of this property found in the prisoner's house? A. Perhaps about 2l.—there were 450 bricks, worth about 15s.—Mr. Brassey is the general contractor—there is no one with him—this property, if it did belong to us, is Mr. Brassey's—I believe he is in Scotland—he knows of this case, I mentioned it to him; he said that such a man as Smith ought to be punished for it—I was not asked anything about Mr. Brassey, at the station—I did not say that he did not know of this prosecution.
MR. PRENDERGAST. Q. Is this property all of the same description? a. Yes—there is a large quantity of property missing from all parts of the line—we lose property to the extent of many thousand a year.
Prisoner. It was only to the post I spoke about; I did not know the children had brought it in there.
GUILTY. Aged 33.— Confined One Year.
THIRD COURT.—Monday, March 6th, 1848.
Before Edward Bullock, Esq., and the Second Jury.
902. WILLIAM WRIGHT and JOHN ROSE , burglariously breaking and entering the dwelling-house of Mary Wicks, at St. Marylebone, and stealing 57 eigars, and 57 cheroots, value 19s.; half-sovereigns, 11 sixpences, 57 halfpence, 2 counterfeit shilling, and 8 farthings; her property.
MARY WICKS. I am a widow, and keep the Dover Castle, Weymouthmews, in the parish of St. Marylebone—it is my dwelling-house—the prisoners used to come there for the last month. On Saturday, Jan 29th, Wright was there nearly all day—I missed him about ten o'clock in the evening—next morning I opened the bar with a key—it opened very easily, as if the lock had been tried—it appeared to be locked—I found the window open, which had been shut the night before, and the till wide open—I was the last person in the room the night before, and the first in the morning—I missed 3s. 4d. in copper, and 10s. in sixpences and 4d. pieces, from the till, and two half-sovereigns, and 1l. in silver, from a desk in the same room, which had been shut, but not locked, there were two counterfeit shillings there, separate from anything else—I saw them there at twelve the night before—two boxes if cigars and cheroots were emptied—there is a tailor's stall in the back yard, by getting over the roof of which, you can get into a mews, and then into the street—I am sure the bar-window was closed, but not fastened—the tailor's shop had a padlock upon the door, and I considered it was fast—it belongs to my premises, but was unoccupied—I found the padlock taken off.
ROBERT BURGESS. I am in Mrs. Wicks' service. On Saturday night I fastened the outer doors at five minutes to twelve o'clock—I came down next morning, between seven and eight, and found them shut, but not bolted—I did not go into the bar.
WILLIAM GLIDE (policeman, D 155.) On 30th Jan., between three and four o'clock in the morning, I was with sergeant Martin, at the corner of Prince's-street, Cavendish-square, and saw the prisoners—Wright was smoking a cigar, and had his hand in his pocket—they went up the right side of the square, to Mortimer-street—I went up Market-street, into Regent-street, saw them cross Langham-street, and laid hold of Wright—the other one said he would be d—d if he stopped—another constable ran after him—he was stopped—Wright said he would be d—d if anybody would be able to walk the streets shortly—I took him to the station, searched him, and found two half-sovereigns, 18s., two counterfeit shillings, eleven sixpences, ten 4l. pieces, eight farthings, fifty-seven halfpence, and fifty-seven cigars (produced) he had not been anywhere between my taking him and searching him.
MRS. WICKS re-examined. I cannot swear to the cigars—here is the same quantity, as near as I can guess, I should say this is the counterfeit money.
JAMES MARTIN (police-sergeant D 2.) On Sunday morning, 30th Jan., between three and four o'clock, I was with Glide—the prisoners passed us in Princes-street, about half a mile from Mrs. Wicks'—one of them ran away—I ran after him—Browning caught him—I examined the premises—I found a padlock had been taken off the tailor's shop—any one could get in, and by getting over the roof they could easily get into the yard—the roof slants down to the window-ledge—they could then easily raise the window up, and get into the bar—I saw several foot-marks on the window-ledge and roof.
Wright's Defence. I left Mrs. Wicks, and went to a coffee-shop in the Haymarket, where I met Rose; we went out fot a walk, and were taken in charge.
Rose's Defence. I never saw Wright from Friday night till he came into
the coffee-shop, between twelve and one on Monday morning; we then went for a walk.
WRIGHT— GUILTY. Aged 20.
ROSE— GUILTY. Aged 23.
Transported for Seven Years.
THOMAS FIELDER. I am a baker, at Lower-street, Islington and Brewer-street, Somers-town. The prisoner was in my service, to carry out bread and receive money, which he should give to me or my shopwoman as soon as he got home—he keeps a book for his private customers—Mr. Larby owed me 2l.—I received money from the prisoner on his account—on 2nd Feb. he went out, and did not come back for nine or ten days—he then came to my shop at Islington, and said he was very sorry for what he had done, and, if I would agree to it, he would pay me when he got another situation—I said it would not do, and called a policeman.
SARAH ELIZABETH CHATER. I am Mr. Fielder's shopwoman. The prisoner never paid or accounted to me for Mr. Larby's money—he went out with bread on 2nd Feb., at one o'clock, and I did not see him again till he was before the Magistrate.
MARY LARBY. I am the wife James Larby, of Draper's-place, St. Pancras. On 2nd Feb., about eleven o'clock, the prisoner came, and I paid him 2l. for his master—I did not take a receipt—I gave him my book—he was to bring some bread back.
Prisoner's Defence. I never received the money.
(The prisoner received a good character.)
GUILTY. Aged. 17.— Confined Six Months.
WILLIAM SMITH. I am in the employ of Edward Baldwin. On 15th Feb., about nine o'clock in the morning, the prisoner came into the shop, and asked to look at some guts-percha soles—I showed him several pairs—he said they were all too stout, and wished to see a lady's par—I left him, and went into the back shop—in about a minute I came back—he had altered his position—I asked what he had put into his pocket—he said he had got nothing, and had done nothing—I said I was pretty certain he had, and put my hand to the left side of his pocket, felt something, and called a porter to fetch the police—he took a pair of soles from his pocket, gave them me, and repeated that he had done nothing—the soles on the counter appeared as if they had been moved.
Cross-examined by MR. HORRY. Q. Had you told him the price? A. No—they were all marked—some were marked 6d.—he may have held his hand up when I came in—he did not then give me the soles—I rubbed him down several times, and sent for the policeman first.
GEORGE PETTET (City policeman, 641.) I was sent for, and took the prisoner—I found 2 1/2d. and a half-farthing on him—he said his father had given him a sixpence to buy a pair of ladies' soles, but he had lost it.
Cross-examined. Q. Did not he say he had them in his hand, but they had not been in his pocket? A. Something like that.
MR. HORRY called
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined Two Months.
JAMES BRANNAN (policeman.) On 16th Feb. I took the prisoner, at his room, 7. Compton-street—I found a bar of brown Windsor soap—Mr. Williams, who was with me, said, "That is our property"—the prisoner said, "Yes, master; it was given to me, and I can prove it"—in another place I found some more soap, 25lbs. altogether—I saw this coat (produced) taken off the prisoner—the pockets are stained with soap.
EDWIN WILLIAM. I am in my father's, Charles William', service. The prisoner has been in his employ about two years—on Monday morning, 16th Feb., he went out three times before breakfast—I said, "Tooley, where are you going"—he said, "To breakfast"—I said, "I do not know why you go out so money times before breakfast"—he said he had not been out before that morning—I said he had—Brannan and Harvey were there—I said I had two officers, and should search his house, as I suspected we were being robbed—he said I had no right to do so, and said, "You may search me now"—Brannan said, "This is neither the time or place"—we went to his house, sixteen or eighteen doors off—he unlocked the door—we went in—we searched, and found a bar of brown Windsor soap in a drawer—I said, "That is our property"—the prisoner said, "That was given to me, I can prove"—we went on searching, and found 25lbs. altogether—I swear to it—no other house in the trade has such, and it would not be sold in bars—it would be cut in squares, plated and stamped first—this piece of rose-soap is ours also.
Cross-examined by MR. PAYNE. Q. Do not you sell it in bars to Price Brothers? A. Not this kind.
GUILTY . Aged 32.—Recommended to mercy by the Prosecutor.— Confined Three months.
906. GEORGE HENDERSON and HENRY PLOWMAN , stealing 1 till, and 2 bowls, value 1s. 8d.; 7 shillings, 40 pence, and 40 halfpence; the property of Joseph Cranfield; Henderson having been before convicted.
WILLIAM JENKINS. I am nearly fourteen years old, and live with my father and mother, at Garden-mews, kensington. On Saturday afternoon, 29th Jan., between three and four o'clock, I saw the prisoners and another boy talking together at the corner of the mews—one of them threw some snow, and ran round the corner—they said, "Let us snow-ball him"—they came back again, then left, and all went round the corner again—I afterwards saw them again all together, and the one who is not here was carrying a till, which I knew was Mr. Cranfield's, by having seen it in the shop—the one who is not here gave it to Plowman, who ran, put it down on the ground, turned the money out of it into his cap, and threw the till over some palings—they then all ran down Camden-place together—a boy named Stone came—I told him where the till was, and he got over the fence, and brought it—we took it to Mr. Cranfield's—I did not see the prisoners again till they were in custody—I am as sure of them—I knew them before.
JOSEPH CRANFIELD I am a butcher at the corner of Garden-mews, kensington., On this afternoon my wife called me sown stair, and, in consequence of what she said, I looked at the till, and missed the contents—the till had then been brought back, I did not see not by—this is it (produced)—I had seen into it about five minutes before I went up stair, and, to the best of my recollection, it contained 7s. in silver, and about 5s. in copper.
SARAH JANE KING. I live with my father, at the Feathers public-house, opposite Mr. Cranfield's—I was looking out of the window, and saw the two prisoners, who I had seen about the place before and knew by sight, come out of Mr. Cranfield's shop—one of them was carrying this till.
Henderson's Defence. At the Police-court, King said she saw another boy bring the till out; I was miles away.
Plowman's Defence. My father and mother know I was at work all day.
THOMAS BRADSHAW (policeman, T 130.) I produce a certificate of Henderson's former conviction by the name of Higgins—(read—Convicted April, 1847. Confined one month)—I was present—Henderson is the person.
HENDERSON— GUILTY. Aged 17.— Confined Twelve Months.
PLOWMAN— GUILTY. Aged 11.— Confined Six Months.
ELIZA HERBERT. I am the wife of John Herbert, of Clarence-yard, Westbourne-street, Pimlico. The prisoner lodged with us—on Wednesday morning, 16th Feb., about a quarter to eleven o'clock, he came and asked me yet the duplicate of a pair of shoes which he had given me to take care of—I gave it him—he said my husband had told him I was to give him 9 1/2d. to redeem them—I said I had not got it—he said I could make it up of something—I said I could not—he then went to his bed and sat upon a box, near which there was a clothes-horse with three of my husband's shirts on it—he then went into the next room, and then into his own room again where the shirts were—I then heard him go down stairs—I went into the room, and missed two of the three shirts and a silk handkerchief—I was going after him, but my baby fell down, and that prevented me—I saw him put a bundle under his jacket and go away—he had bad a little to drink—he came back about twenty minutes past nine at night, and my husband said to him, "You are a pretty fellow," to take these shirts"—he said, "Let this sleep, I will pay you for them."
Prisoner. Q. What sort of a bundle was it? A. I could not see, as I was on the top of the stairs—they were not your own shirts; yours were locked up in my room—you said, "Well, let me sleep here, and I will pay you for them"—my husband was not speaking of the lodgings, but the shirts.
JOHN HERBERT. I was at home when the prisoner came in, about twenty minutes past nine—I said, "You are a pretty fellow to rob me of the two shirts"—he said if I let him sleep there that night he would pay me for them—I refused, and sent for a policeman—the prisoner was intoxicated.
Prisoner. Q. All you found on me was a duplicate, my shoes, and a knife? A. Yes.
Prisoner's Defence. A neighbour said if I could get the ticket for my shoes which were pledged, he would redeem them; I went with him to a public-house and had some drink with him, and having nothing to sat it overcome me; there are five people live in the house, one of them comes home at three, four or five in the morning; the street-door is never locked,
night or day; they have lost things before; I would have taken my own good shirts if I had wanted them; I meant I would pay for the lodging when I said what I did.
GUILTY. Aged 55.— Confined Twelve Months.
908. HENRY VOLLER , stealing 1 spoon, value 1s., the goods of Mary Ann Skinner; 1 sovereign, 1 half-sovereign, 6 half-crowns, 5 shillings, 2 sixpences, and 1 penny, the moneys of George Tupman Fincham, his master.
MARY ANN SKINNER. I am cook to Mr. Fincham, of Spring-gardens. On Saturday morning, 7th Feb., I received 2l. 11s. 2 1/2d. from my mistress—there was one sovereign, one half-sovereign, several half-crowns, and the remainder was small silver—I put it on the dresser, in different books or bills, to pay bills with, and left it there—If went to bed a little after nine on Saturday night—the prisoner was my master's footman, and slept in the pantry, which leads out of the kitchen into the scullery—I closed the windows and fastened them before I went to bed, and they were so on the Sunday morning—I did not notice the money or books on Sunday—on Monday morning my fellow-servant went down before me, came back again, and said something to my master; and at a few minutes after seven we all three went down stairs together—the dresser drawers were all open, but nothing was gone—some of the things were partly out, and some were on the floor—I did not see the money which had been in the books—the window was open, and the shutters partly open—they were safe on the Saturday and Sunday night—there is a gate to the area, but no steps—the prisoner came out of his room, and said there had been thieves in the house, that there had been two men at his door, threatening him if he made a noise; that he tried to open the door, but could not—he said he heard the bar of the shutters rattle while they were there—the area door, which fastens with a shutter, was as usual; there were no marks on the shutters—there was a foot-mark on a wooden meat-screen under the window inside, which had the appearance of having been made with the heel of a shoe—I missed a spoos from the caddy which was on the table on Saturday afternoon—this is it (produced)—it is mine.
Cross-examined by MR. BALLANTINE. Q. What is Mr. Fincham? A. A doctor—the establishment consists of a cook, a housemaid, the prisoner, and one assistant in the business—I believe the prisoner lived with a Mrs. Major before he came there—I was in the kitchen on Sunday—I cannot say whether the money was then safe—I do not know whether I should have observed if it had been gone—everybody in the house had access to it—I am not aware that anything has been lost in the house since the prisoner left—I have not been charged with anything—the shopman did miss a stell pen nib from the shelf—he said he had missed two from there, that some one had taken them—it was of on value—I know nothing about the money on the Sunday.
GEORGE TUPMAN FINCHAM. I live at 5, spring-gardens. The prisoner has been in my service as footman since September—on Monday morning, 7th Feb., in consequence of something that was told me, I went into the kitchen, found the drawers open, and caps and handkerchiefs strewed about the ground—the window was open, and the shutters about half open—I
looked on the window-cill and could see no marks at all—there was some black mark on the screen inside the window—the shutter had been fastened with a single bar inside—there were no footmarks in the house—I asked the prisoner whether he had heard anything—he said he had heard men come into the house, and they threatened him if the did not open the door they would do him some harm; that they tried to get in with a key; that they went up stairs, came down again, and went away—I sent for a policeman, and showed him all about in the prisoner's presence—the policeman said it was clear no one had broken into the house, and suggested that there had been some one concealed inside—he searched but could not find any one, and then said he wished to search the prisoner and his room—he did so, in my presence—the prisoner said he had only 10d., and the policeman found, either under or about the bed-clothes, 2l. 11s. wrapped up in a bill, and a penny somewhere about the bed.
Cross-examined. Q. Did any one else sleep in the room? A. No—my father is my partner, but this property is mine—I had a very good character with the prisoner.
RICHARD DOHERTY (policeman, A 163.) I was old, in the prisoner's presence, what had happened—I examined the area railing and found no one had made an entry were no marks of violence—there were foot-marks on a meat-screen—after having searched the house, I asked the prisoner what money he had about hum—he said 10d., and produced it—he said he was not aware he had any more—he searched his pocket, and produced 1d.—I told him to search again, and he pulled out 1 1/2d., then 6d., then a 4d. piece—I asked him if he had any more, and he said, "No"—I searched him, but found no more—I searched his room and found 1d., and under the bed, on the mattress, I found a sovereign, a half-sovereign, six half-crowns, a fiveshilling piece, two sixpences, and the silver spoon which has been produced.
MR. BALLANTINE. Q. Do you know anything of this room? A. It is used as a pantry, and every one has access to it in the day time—the bed is down all day, it does not turn up.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Jury and Prosecutor— Confined Eighteen Months.
MR. WILDE conducted the Prosecution.
LOUIS LEON. I am watch-manufacturer, at Hatton-garden, in partnership with my brother, George Isaac Leon—a person named Gray called on me, on 10th Dec., told me he was a traveller, and was desirous of having some watches and gold guards to sell—I refused to let him have them without a satisfactory reference, in consequence of which he referred me to the prisoner, of 47, Vincent-square, calling him Captain Caulet—on 15th Dec. Gray and Caulet called on me together—I showed them some things, and I asked Caulet, in the presence of my brother and Gray, whether it was his own house he was living in—he said it was, he had lived there a considerable time, and that he was a returned master mariner—I asked him if
he had been abroad, he said, "Yes"—if he had been to India, he said. "No, I have not, I have been to Sidney"—I said, "So have I; who was your agent there?"—he said, "I was only a mate there, I have become captain since"—we ultimately let Gray have nine silver watches and twelve silver guards, worth 30l. 1s. 3d.—the prisoner become joint security for the payment—they gave a promissory-note jointly and severally—I have, in company with the police, made every endeavour to find Gray, but cannot do so—(The note being read, was for 30l., due on 18th April; signed George Gray and James Caulet; payable at 47, Vincent-square, Westminster.)
COURT. Q. How do you know he will not pay it? A. The circumstances show that.
JOHN CASLRY. I live at 45, Gloucester-street, Queen-square, and an agent for Mr. Short, who is the owner of 35, where the prisoner has been living since 6th Dec., in the name of George Charlton—I let him the house.
Cross-examined by MR. O'BRIEN. Q. Did he give you that name? A. Yes; previous to his making the agreement—I have not been in the home since I gave him possession—I believe there is a great quantity of furniture there—the agreement is for four years, at 57l. 10s. a year—the rent commenced at Christmas—the house is let out in lodgings.
INGRAM BARAM. I am shopman to Messrs. Barker's pawnbroken, of Houndsditch. On 18th Dec. this watch (produced) was pledged with me, I believe by the prisoner—Messrs. Leon claimed it—the prisoner afterwards came for it, and I refused to let him have it.
Cross-examined by MR. O'BRIEN. Q. He came some days before he was given into custody? A. A day or two—he said he had a gentleman come to buy it, and he wanted it—he went out and brought in a gentleman; and when I told the gentleman there was some dispute about it, he refused to purchase it.
---- MARTIN. I am shopman to Mr. Boyce, a pawnbroker, of 51, Theobald's-road. On 19th Jan. I received a watch, which I believe was pledged by the prisoner, in the name of John Charlton, of 7, Green-street, for 15s.
ALFRED HEATH. I am shopman to Mr. Young, a pawnbroker of Prinees-street, Leicester-square. on 30th Dec. I received these six silver guards in pledge (produced)—they have not been identified—I have no belief as to who pledged them—John Collett is one the ticket.
RICHARD WALKER (policeman.) I accompanied Messes. Leon to public-house in Graceechurch-street, and there took the prisoner—I saw another constable take this ticket from him (produced)—I afterwards went to his house, searched it, and found a ticket for a watch, and another for six silver guards.
Cross-examined. Q. What part of the house did you search? A. The front and back parlours—they were both decently furnished—I was given to understand there were lodgers in the house.
JOHN WILLIAMS. I am a surveyor and house-agent, and know 47, Vincent-square—it is not the prisoner's property—he held it as a tenant for three years from 29th Sept., Sept., 1847—before the 25th Dec. he sent the key with this
note (produced), saying that he could not pay the rent—I do not know his writing—I have got the rough agreement; it is signed "James Caulet."
COURT. Q. Did you see him afterwards about it? A. No—I cannot say whether or not he was holding it on 15th Dec.
MR. O'BRIEN called
MR. WILDE. Q. How long have you been there? A. Nearly two years—I have had no communication at all with the prisoner for the last year—he kept a greengrocer's shop, and was a carman—his name is James Caulet, or Collett—I have never known him by any other name—I have not known him as a master mariner, but I believe he has been at sea.
GEORGE BRISTOE. I am an oil and colourman in Silver-street, and have known the prisoner ten years—he is an honest hard-working man—I would have cashed this bill if he had brought it to me, and will do so now if the prosecutors will back it.
GUILTY. Aged 44.— Confined Eight Days.
SARAH WHITCHURCH. I live with my father-in-law, Job Bishop, who keeps the Old Parr's Head, Old-street. The prisoner came on Monday evening, 14th Feb., and asked if I would lend Mr. Lee our steps for a few minutes—Mr. Lee is a neighbour—I let the prisoner have them, and saw him take them into Mr. Lee's shop—these are them (produced.)
THOMAS SPICER. I am in Mr. Lee's service. On the 14th, about eight o'clock in the evening, the prisoner came into Mr. Lee's with a pair of steps—he gave some orders to Mr. Lee, and asked me to go with him with some size—I walked with him to Castle-street—he carried the steps—he told me to put down the size—I put it down, and he said, "You run back and fetch a basket of whiting"—I went back with the size, leaving him with the steps, and saw no more of it.
JOHN JENKINSON (policeman, G 53.) On Monday, 14th Feb, about nine o'clock at night, I saw the prisoner go into the Falstaff, with the steps, and offer them for sale to a female behind the bar—I asked him where he got them from—he said they were his own; he was out of work, and had a wife and two starving children—I took him into custody.
Prisoner. You said before the Magistrate that you did not hear what I said to the girl? Witness. I said I did not hear her reply.
GUILTY. Aged 24.— Confined Four Months.
CATHERINE BURROWS I am the wife of Edward Burrows, of 36, King's-road, East Chelsea, a silversmith and jeweller. About four o'clock, on Saturday afternoon I left my shop in charge of my little girl, and went to attend to the other children—my husband was out—about a quarter of an hour before I went out of the shop, I had seen the brooches in a glass-case on the counter—as soon as I left the shop, a boy came in, and made some
inquiry, and almost immediately after I saw the prisoner go from the shop door—my little girl told me something at the same time, in consequence of which I followed the prisoner, and took him—he said he had nothing belongging to me; he would strike me unless I let him go—I held, and gave him into custody—I went to the glass-case, and missed three brooches, worth 2l.—they have not since been found.
Prisoner. Q. Did you lose sight of me from the time I left the door? A. No; You were about fifty yards off when I took you—you passed between some persons who made no resistance—some one said I had no business to hold you—you tried to get away, and to strike me off—the other boy was seen to speak to you, and then you went into the shop.
COURT. Q. He passed through other persons? A. Yes; they allowed him to pass—as soon as he stopped, they closed round him.
EMMA BURROWS. I am nine years old, and an daughter of the last witness. On Saturday afternoon I was left in the shop—a boy came in, and asked if we wanted an errand-boy—as soon as he was gone out, the prisoner came in—I am quite sure of him—he asked me to let him look at a watch in the window—I said I would call my mother, and while I went round to call her, he opened the glass-case, took something out, and put it into his pocket—he then said, "Never mind, do not call your mother;" and went away—my mother, who was at the side door, ran after him and caught him—I afterwards saw the boy speak to the prisoner.
Prisoner. Q. Was there not a large hole in the glass? A. yes; there was a book covered over it.
EDWARD BURROWS. There are eight panes of glass—it opens from the inner part of the counter—the one broken was next to the customer, and the brooches were at the back part—it is impossible for any one to reach from there to the back part.
Prisoner's Defence. I did not take the brooches; I had nothing on me; when she called me I went towards her; I did not run away.
GUILTY. Aged 19.— Transported for Seven Years.
WILLIAM JAMES COKER. I live in St. John's-street-road; it is my dwelling-house, and is in the parish of St. James's, Clerkenwell. on Thursday evening, 17th Feb., about seven o'clock, I missed three coats, three pairs of trowsers, and other article, worth upwards of 12l., from a box in the kitchen—I had seen them all safe about one—this coat(produced) is mine, and was in the box.
GRACE COKER. I am the mother of the last witness, and live in the same house—the prisoner used to come for work for a lodger. On this Thursday, she came about twelve o'clock—my son and the lodger were then out—I told her she could go up, and wait for the lodger—my son came home about a quarter to one—I went out about two for a few minutes—the prisoner did not leave before I went out, or before my son came home—I do not know what time she left.
ELIZABETH MONDAY. I live at 13, Lock's-gardens, and work for Mr. Neble, who lives at Mr. Coker's. On Thursday afternoon, between two and a quarter-past two o'clock, I went there—the prisoner opened the door, and said Mr. Neble was out, and the landlady had left her in charge of the house—I waited, and Mr. Neble came in in about five minutes—the prisoner spoke to him on the stairs, and then went down stairs—I do not know whether she went out—I went up stairs—I went down about three o'clock, and the door was open—it was shut after I was let in—I did not see the prisoner again that afternoon.
Prisoner's Defence. I waited for Mr. Neble; Mrs. Coker said she did not know how long he had been out; a person named Cooper said she thought he would be home at two o'clock; I waited; he came in, and told me that he had no employment; I returned home, as it was getting late, and as I came to Aylesbury-street I picked up the coat, and the pocket-book fell from it; I pledged the coat for 6s., and was taken into custody on the Thursday evening; Mr. Neble knows I went out and shut the door; I was never in Mr. Coker's apartment; I never was in the house but three times.
GUILTY. Aged 21.— Confined Twelve Months.
OLD COURT.—Tuesday, March 7th, 1848.
Before Mr. Recorder and the Third Jury.
913. JOSEPH GENTLEMAN and CHARLES CLARK , feloniously assaulting Thomas Brill, putting him in fear, and stealing from his person, 1 purse, value 6d.; 1 half-sovereign, 1 shilling, and 1 sixpence, his property; and beating, striking, and using other personal violence to him: Gentleman having been before convicted.
THOMAS BRILL. I am a labourer. On Sunday morning, 20th Feb., as I was going home, through Strutton-ground, Westminster, Gentleman struck me in the face, and knocked me down; and Clark, who was with him, knelt on me directly, and put his hand over my mouth, while Gentleman took my money—Clark asked Gentleman if he had got it—he said, "Yes," and they ran away—my face was cut, and my pocket's torn out—I had a purse, with a half-sovereign, and I think 1s. 6d. in it—I lost that—I knew Clark before—I am quite sure they are the two men—it was light—it was about two o'clock—I am brought here in custody—there is a charge against me, for which I am confined in the House of Detention.
Gentleman. Q. Had I not been drinking with you the whole night? A. Yes, till very near two o'clock, at the British Queen—this happened about 200 yards off; then you followed me out; there was a young women with me: I did not say to you, "Joseph, if you want the b—y woman, take her"—she did not call me a name, nor did I strike you—I had left the women, and was going home when this occurred.
Clark. I was not there. Witness. You were when I was on the ground.
WILLIAM WARDLO W (policeman, B 87.) On Sunday, 20th Feb., a little before two o'clock, I met Brill in Strutton-ground, bleeding very much from the face, and his trowsers'-pockets were turned inside out—he complained of both the prisoners by name—I went with him to Duck-lane, and there met Getleman—I said, "Joe, I went you"—he said, "What for?"—I said, "For knocking this man down, and robbing him"—Brill then came up, and Gentleman said, "Oh, if I am lagged for this, I won't be lagged alone; you shall be lagged, and so shall Charlie"—I asked him who he meant by Charlie—he did not say—I knew both the prisoners well by sight before—Clark's name is Charlie—Brill gives the same story now that he did at first.
Gentleman. I never mentioned any one's name.
WILLIAM MILLERMAN (policeman, B 95.) On 20th Feb., between for and five o'clock in the afternoon, I apprehended Clark in Castle-lane, Westminister, and told him I wanted him for being concerned with Gentleman in robbing a man—he denied it—I asked him when he went home—he mit about two o'clock.
Clark's Defence. Gentleman and Brill went out of the public house together; i was not with Gentleman; I was still in the public-house when Brill came in and said he was robbed.
THOMAS BRILL re-examined. I cannot say how long I had been in the female's company at the public-house—she came out with me—I had left her when the prisoners camp up to me, and she was about 150 yards off—she did not return to me.
GENTLEMAN— GUILTY. Aged 25.— Transported for Ten Years.
CLARK GUILTY.* Aged 19.— Confined Eighteen Months.
914. JAMES SMITH and RICHARD CLARK , burglariously breaking and entering the dwelling-house of Francis King, at St. Marylebone, and stealing therein 17 spoons, 6 forks, 1 pair of sugar-tongs, 1 watch, and other articles, value 25l., his goods.
MR. BRIARLY conducted the Prosecution.
FRANCIS KING. I am an oil and colourman, at 56, Wells-street, Oxford-street, in the parish of St. Marylebone. On 9th Feb. I went to bed about half-past ten o'clock, leaving the house secures in a proper manner—about a quarter-past six next morning, I was aroused by the servant, and found the contents of all the drawers strewed about the place—the outer doors were broken open, the shop-door, and the door into the passage—the parlour appeared to have been broken into from the shop—the street-door was a-jar—it was bolted and chained the night before—I think that had been opened from the inside, to get out—this is an exact plan of the premises (produced)—I lost seventeen silver spoons, a pair of sugar-tongs, six silver forks, the tops of the pepper and mustard-pots, a pencil-case, watch, guard, and other properly—I should
say must have taken four hours to effect the robbery—they drank half-a-bottle of wine, and a lot of brandy, and left a piece of wax candle burning in one of the cupboard—it was most providential that the hours was not burat down—it was piece they had brought with them—there was the appearance as if some one had got in at the parlour-window—we found a ladder on the other side of the wall—to get to the front of the house, they must have broken two inner doors—the till was emptied of every thing, and strewed all over the room—the day's taking were gone—I had come home rather late, and had not emptied the till.
Cross-examined by MR. MELLER. Q. You imagine the entry was through the parlour-window, from the yard? A. Yes—there is a wall which they must have got over—I saw the street-door locked the previous night—the window is an ordinary one—it is never left open—I am sure it was shut.
JANE SIMESTER. I am servant to the prosecutor. On the morning of 10th Feb., I got up about six, or a quarter-past—it was not later—the two inner shop-doors were broken open, and stuck wide open—I had stood in the passage the night before, while my master locked them—the windows was pulled down at top and bottom—I gave master information.
Cross-examined by MR. PAYNE. Q. Is there any room built out over the parlour? A. No—my master always seen to the fastenings—we went up stairs together—the street-door was on the jar in the morning.
WILLIAM JARVIS (City policeman, 614.) On 10th Feb., about half-past nine o'clock in the morning, I was in Biahopagate-street-without, and saw a cab stop between Artillery-lane and Union-street, and two prisoners got out—I observed the handle of silver spoon sticking out of Smith's pocket, behind—I took hold of them, and told them they must go to the station with me—Clark turned round, purched his hand out mine, and said, "Oh, wait a bit," and ran away—I had plenty of opportunity of seeing him—I stood apposite the cab-door, and saw him get out—at first thought he was ill from the way in which be got out—I took Smith to the station, and found on him sixteen silver spoons, forks, a musical-box, and other articles—he said I ought to have had the other man, but as I had got him, he supposed he must pay for all—last Wednesday I again saw Clark at the Nag's Head, detained by a constable of the E division, and recognised him—I did not know him previously.
Cross-examined by MR. MELLER. Q. You did not find any skeleton-keys on Smith? A. No, nor any jemmy—he made no attempt to run away.
Cross-examined by MR. PAYNE.
Q. What makes you say the man who got away was Clark? A. Because I know his features—I did not see him again till 1st March—I recognised his features—that is my only reason for knowing him.
JOHN ARNOLD. I am a cabman. On Thursday morning, 10th Feb., I was on the rank in Berners-street, near the prosecutor's house—Smith came and asked me what I would take him to the corner of Sun-street, Bishopegste, for—I asked if there was any luggage, or any one going—he said there was him and another—I said"2s."—he said, "Very well"—I took them, as they got out, they gave me the 2s., and the policeman took them into custody—they had nothing with them except it was in their pockets.
COURT. Q. Where was the other when Smith engaged the cab? A. I did not see him till the agreement was made—opened the door, and the other man walked over into the cab—they got in quick—I hardly remember which got out first—Clark is very like the second man—I saw them taken
into custody—they were fourteen or fifteen yards from the cab, and I could not hear what was said—I did not see one of them run away—I was in the act of turning my cab round—I drove back to Oxford-street directly—mine was a morning cab—I had not been on the rank above two minutes—I do not know what time I went home the night before.
I apprehended Clark on 1st March, in Pulteney-court, St. James's—I told him I took him into custody on suspicion of being concerned with a man named Smith, then in custody, for committing a burglary at Mr. King's, Wells-street—he denied all knowledge of Smith and the charge—he went quietly with me—I did not see two men together at any time after I apprehended Clark—I knew Smith before—Clark was a perfect stranger—Smith uses the Star and Garter public-house, in Poland-street, about a quarter of a mile from Mr. King's—I looked for Clark there, in consequence of the description I had of him—I saw him come out there twice. and on the third occasion I apprehended him—I was on the lookout for him—Smith occasionally uses that house.
MR. PAYANE. Q. And I suppose a hundred others? A. Yes—to the best of my recollection, I had never seen Clark before these two occasions—I never saw him with Smith—Smith was in custody when I saw Clark come out.
Besides the property produced, I lost there spoons, a lot of plated goods, a shawl-handkerchief, and a soup-ladle—this band (produced) is off my boy's cap—I have not found quite all
Smith. Clark is not the man that gave me the property when we went into the cab; he had brown coat on, and was a stout person.
MR. PAYNE called DAVID BUFFERY. I am a gas-fifter, at 45, Willson-Street, Somers-town. I know Clark—he came to me at my shop on 9th Feb., between seven and eight o'clock in the evening, remained with me till two in the morning, and slept at my place that night, as he said he had a long way to go home—I said, if he linked, he could sleep on my couch, and he did so—he had breakfast with me next morning, and I suppose it was half-past ten or eleven before he left—I swear he was in my house all that time, and could not have been committing a robbery in Wells-street.
Cross-examoned by MR. BRIARLY. Q. It is your own shop? A. Yes—I am a master—I have been there seven years—my attention was first called to this last Thursday—I remember the date, because we went to hear a song at sort of free and easy, a convivial party, which I have been in the habit of going to for some time, at the Independent, in Perry-street, and I was appointed to take the chair on the following Wednesday—Wednesday is the night of meeting—the prisoner was not in the habit of attending it—be never was there before, to my knowledge—it is not a quarter of a mile from my shop—we remained there till between one and two o'clock—we went there about nine—I got up about eight next morning—my shop is opened at seven—one of my men does that—the prisoner breakfasted with me, and remained till about eleven—I did not know where he lived—I have known him about two years—he has called on several occasions—he was no acquaintance particularly—I became acquainted with him by meeting him on several evening at different public-house that I am in the habit of using—I saw him perhaps two or there times a months—when I first saw him he bad cases of
pens and sealling-wax to sell, and I bought some of him—he appeared to be a sort of agent or twon-traveller—I know nothing of his friends—I am sure I have made no mistake about this Wednesday, because I was appointed to take the chair—I have taken the chair on several other occasions—a few friends who reside in the neighbourhood are in the habit of going to this house, and we have a song round—there is Mr. Mayhew, a retired publican, Mr. Bird, Mr. Howell, and Mr. Seymour—they were all there—I believe none of them are here.
COURT. Q. Who let you in at your house when you got home? A. I let myself in—my apprentice was in the shop when the prisoner came there, and saw him—he is not here—my wife made breakfast for us—she is not here—I have kept the shop where I now live three years, and have been eight years in the same street—I have three persons employed in my business—I do not know where Mr. Mayhew is now—he is a tall man, of between forty and fifty, and grey-headed—(a prisoner named Mayhew was here placed at the bar) that is not the man—I do not know him—the Mr. Mayhew I know, formerly kept the Wheat Sheaf, in St. Pancras-road—I do not know persons named Duffleld, Burlton, Flowers, and Johnson—as far as I know, the prisoner has borne an honest character—I never heard any one speak of his character—it is about five months ago that I saw him selling pens and sealing-wax—there were upwards of thirty persons at this public-house on this night—Mr. Bird was in the chair—Mr. Fox was there; Mr. Dension, the butcher; and Mr. Shepherd, a pork-butcher—I never asked the prisoner where he lived—Mr. Holland keeps the house—he is not here.
MR. PAYNE. Q. Is your name over your door? A. Yes—I am not acquainted or associated with thieves, that I am aware of—I only knew the prisoner by coming backwards and forwards, and occasionally taking a glass of ale with him.
SMITH— GUILTY. Aged 21.— Transported for Ten Years.
CLARK— GUILTY. Aged 26.— Judgment Respited.
(The witness Buffery afterwards stated to the Court that he had made inquiries of the publican at whose house he spent the evening, and found that he was mistaken in the day on which Clark was with him there; that it was the 16th, and not the 9th.)
NEW COURT—Tuesday, March 7th, 1848.)
Before Edward Bullock, Esq. and the Sixth Jury.
915. FRANCIS LOWES , stealing 112lbs. weight of lead, value 15s.; the goods of Francis Senling Lowes; and THOMAS ADOLPHUS KIENLEN receiving the same, knowing, &c.:—2nd COUNT, of John Barber and others; to which
LOWES pleaded GUILTY. Aged 14.— Confined One Month.
MR. BALLANTINE conducted the Prosecution.
EDWARD SMITH (policeman, N 193.) I received information on 5th Feb., and went to 9, Clapton-place, Hackney—I found the prisoner Lowes coming out—I took him in charge—from what he said, I went with him to Kienlen's
shop—Kienlen was not at home—he came home while I was there—he sells coals, coke, and ginger-beer, and deals in marine-stores—I asked Lowes if Kienlen was the man—he said, "Yes," and said to Kienlen, "I want to buy that lead back again, master"—Kienlen hesitated a minute, and then said, "I have sold it"—Lowers said he had given him 2s. 1d. for one lot, and 11d. for the other—I took them to the station—I went back to Kienlen's, but found no lead—I went back to the station, and asked Kienlen where he had sold the lead—he said in Kingsland-road—I asked him where, but he did not tell me the shop—I got information from Sergeant Hawkes, went to Messrs. Chuck and King, lead-merchants, Kingsland-road, and found 54lbs. weight of lead—I compared it with some lead at 9, Clapton-place—it fitted—it was bright where it had been cut—two gutters had been taken up whole
Cross-examined by MR. O'BRIEN. Q. Who lived there? A. Lowes father had lived there, but he left in the morning—when I went to Kienlen's shop with Lowers I did not tell Lowes to say what he had given for it.
RICHARD HAWKES (Police-sergeant, N 6.) I was with Smith—I asked Kienlen at the station for his book—he said he had not kept one for twelve months, as his dealings were so small in marine-stores—part of the lead was quite bright—I compared it, and found it came from the premises.
JAMES READ. I am foreman to Messrs. Chuck and King, lead-merchants, of 9, Kingsland-road. On 5th Feb., between two and three o'clock, Kienlen came with a truck and said he had brought some lead to sell—I gave him 6s. 10d. for it—that was the full value—we use it for casting.
Cross-exanined. Q You knew Kienlen before, and his name and address? A. Yes, five or six years, but I have not seen him in our shop for the last twelve months—I entered his name and address in the book, and on the board—the policeman saw it.
JOHN BARBER. I am a plumber, in partnership with my brother, at Lower Clapton. No. 9, Clapton-place, was the property of my father, who is deceased—I and some others act as executors—Lowers father was living in the house; and since Michaelmas last I have allowed him to stop in it without rent, as hew is in reduced circumstances—I have compared this lead with the lead on that house, I have no doubt of its being mine—more than one cwt, has been taken—it is worth 15s. to me.
KIENLEN— NOT GUILTY.
(There was another indictment against the prisoner, on which MR. BALLANTINE offered no evidence.)
MR. BALLANTINE conducted the Prosecution.
WILLIAM OVERALL. I am in the service of Matthew Clark and Sons. I went into the London Dock on 18th Feb., with thirty sample bottles in one tray—I got the samples, placed them in the window of the West Vault-office, and went to get a pass to go out—I came back, and two of the bottles were gone—this is my samples (produced)—it is Cape wine.
Cross-examined by MR. HORRY. Q. You were not examined before the Magistrate? A. No—I saw two clerks in the office besides the foreman—my tray was marked "M. C. and S., Tower-street."
JAMES CHAPLIN. I am vault-keeper of the West Vault, London Docks. On 18th Feb., between one and two o'clock, I saw the prisoner at our office, going out—he turned back, and asked a clerk for the loan of a pen—he then went to the window where the tray of samples was—I knew him before—I
watched him—he took a sample bottle and put it on his left side, I suppose into his pocket—he went out—I went after him—he saw me, and ran—I called to him two or three times—he stopped—I said, "What have you got in your pocket?"—he said, "A sample of wine"—I said, "Allow me to look at it"—he pulled it out and gave it me—I said, "Where did you get this?"—he said, "From the West Vault window, but I can account for it; it is for Trower and Co. "—I said there were no samples or orders for Trower and Co.—he then said it belonged to Ray and Co.—I went to the office, there was no order for them.
Cross-examined. Q Were there any orders for samples? A. Yes, for M. Clark and Sons—this samples was in the tray that belonged to them—I know the prisoner by his coming backwards and forwards—he has been employed to cart goods.
JAMES ROBERT WHITE (Thames police-inspector.) The prisoner was given in my charge, and this samples-bottle—I asked him what he had to say—he said, "About twelve o'clock to day one of Ray and Turner's men saw me, and said, 'We shall want a sample; go in the West Quay-office, and get it'"—I said, "Do you know the man's name?"—he said, "I do not, but he had a leather apron and cap on"—a person went to Ray and Turners, and brought a young man, who is here—the prisoner saw him at the office and said he was not the man.
Cross-examined by MR. HORRY. Q. If any one else had got a pass and told him to go for the samples he might have done it? A. He could not have done it—there were no other samples in the office—there was the pass for these thirty—if any person who had the pass for Clark's had told him to get the sample, he could not have got it without leave—he went in the directions of his van, but passed it; he found I was so close upon him—there were other vans there.
MR. HORRY called
JOSHUA MOORE. I am a carrier in the employ of the Eastern Counties' Railway Company. In 18th Feb. I saw the prisoner at the West Vault—a gentleman came up to him, and told him to bring a sample off the window—I cannot say what time it was—the gentleman came to him at the van at the back of the West Vault—I believe the prisoner went to the office—I did not see him go.
Cross-examined by MR. BALLANTINE. Q. Did you hear the cellarman tell him to put the bottle in his pocket and run away? A. No—I have been talking to a few gentlemen—that is one (looking at one)—I do not know him—he spoke to me first—he found me outside here—I do not know what he said—it is two or three days ago—I was not to get anything for coming and telling this story—the Eastern Counties' Railway pay me—I went with him to a public-house across the road, and had dinner—the person here who knows him gave it me—this gentleman was not with him, he was in a room by himself—I went into that room—he asked me if I saw the bottle in the prisoner's hand, and I said, "Yes"—he them asked me if I saw him put it in his pocket, and I said, "Yes"—I told him that was all I knew about it—I had not seen him take the bottle—I saw him put it into his pocket—I saw this gentleman again to-day, outside the Court—he asked me what I was going to say, and I told him what I told you just now.
MR. HORRY. Q. Did you see him first in the Old Bailey? A. No, across the road—he did not come to my house to see me—I came here, because I was sent for by this paper (producing it)—some persons form the Eastern Counties' Railway have come with me here—no one has told me what to say—what I have told is true.
(The prisoner received a good character.)
GUILTY. Aged 22.— Confined Two Months.
GUILTY. Aged 49, and received a good character.— Confined One Month.
Before Mr. Common Serjeant.
MR. BALLANTINE conducted the Prosecution.
WILLIAM SHUTE FRIEND. I am warehouse-keeper in the London Dock. On 18th Feb. I was at the West-quay—I saw the prisoner stooping, with his hat in one hand, filling it with tea from a chest—he saw me, put his hat on his head, and ran away—I called out—a man stopped him, took him to the station, took off his hat, and found the tea in it—the lid of the tea-chest was broken, which might have been done my accident—the prisoner was drunk.
Prisoner's Defence. I was intoxicated.
(The prisoner received a good character.)
GUILTY. Aged 49.— Confined Two Months.
Cross-examined by MR. HORRY. Q. He was not working in your shop? A. For the same firm, but not on those premises.
JAMES COPLEY. I am a cutler, and work for Frederick Foveaux Wiess. On 23rd Feb., in the evening, the prisoner came and asked for some square headed screws—he leaned against the place where this slide was—I heard something fall—it was this pin, which was screwed to the slide-rest—he took it up; I took it from him, and placed it on Mr. Broad's bench—the prisoner came close to me, and kept me in conversation about five minutes—he the bid me good night, and went away—I afterwards missed the slide.
Cross-examined. Q. What did it weigh? A. About 30lbs.—it was nine or ten inches square—he could not put it into his pocket—no one else had been in—no one could come in or out without my seeing them—there were tools and cutlery about—I did not go out before I missed it.
Cross-examined. Q. Where were you? A. At the bottom of the stain, at the engine-room door—he passed me, and came back to me afterwards at a quarter-past seven.
(The prisoner received a good character.)
GUILTY of Larceny.— Confined Six Months.
920. ESTHER ELIZABETH DAWSON, ANN DYE, HENRY MARK DAWSON, WILLIAM GITTINGS , and STEPHEN JOHN BRYANT , stealing 2 pairs of shoes and 2 pairs of boots, value 9s., the goods of Thomas Hodges; Bryant having been before convicted; to which
E. E. DAWSON pleaded GUILTY. Aged 12.— Confined Ten Days.
ANN DYE pleaded GUILTY. Aged 13.
ELIZABETH ELLEN HODGSON. I am ten years old. On 14th Feb, I went to Oxford-street with the prisoners—Esther Dawson took a pair of shoes from Mr. Hodges's shop—she gave them to Henry—I was with the girls—the boys were round the corner, watching—we then went back to the shop, and she took another pair and gave them to the boys—we went back again, she was going to cut a third pair down, and the man came out.
HENRY MARK DAWSON— GUILTY. Aged 9.
GITTINGS— GUILTY. Aged 10.
Confined Ten Days.
BRYANT— GUILTY. Aged 13.— Transported for Seven Years.
ELIZABETH ELLEN HODGSON. On 14th Feb. Dye went to Mr. Peake's house, in Knightsbridge—she took one salt-cellar, and I took the other—I gave the one I took to Dye—she put it into her pocket—we then went to Elizabeth Dawson's house—she put her head out of the window, and told her daughter, Esther Elizabeth Dawson, not to go with the boy—Day showed the salt-cellars to Esther Elizabeth Dawson, who said she would go and show them to her mother, and ask her to buy them—she did so, and came down and took Dye up to her mother—they came down again without the saltcellars.
FRANCES EDWARDS. I am the wife of William Edwards—Elizabeth Dawson lodges in my house. On the evening of 14th Feb. She called me into her bedroom, and asked me to lend her 6d., which I did—she then gave me this pair of salt-cellars, and told me to take care of them, as they were her daughter's, who had gone to the Cape of Good Hope.
Elizabeth Dawson. I did not know they were stolen; I have a daughter, who is gone to the Cape of Good Hope; these things stood on the table all day; my girl had not come back, or I should have given her them to return.
DYE— GUILTY. Aged 13.— Confined Ten Days.
DAWSON— GUILTY. Aged 51.— Confined Three Months.
shop, on 29th Feb., about a quarter-past nine o'cloxk—the prisoner walked in with this type, and asked to see Mr. Bottril—I stepped forward, and he said, "I am not going to leave it here"—I took him and the type—I found he was working at Mr. Wilson's, who identified the type.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy by the Prosecutor.— Confined Two Months.
GEORGE PETTIT. I am a cow-keeper, at South-place, Clapham. On 26th Feb., between five and six o'clock in the morning, I was in Whitecross-street—I stopped by a passage—the prisoner came up, and put her hand into my pocket, and took out a purse, containing six sovereigns—a man rushed against her, and they both ran up the court—I followed them, and saw the tail of the man's coat going into a water-closet—it was quite dark—I asked who was there—no one answered—I went in, took hold of the man and the prisoner, and pulled them into the street—the prisoner said, "Kill the man, knock the b—r down"—I called a policeman, who took them both—I went back to the place where I took them—the policeman picked up my purse there—this is it—there was no money found—I heard no chinking there.
Cross-examined by Mr. MELLER. Q. You had been having a merry night? A. Not particularly; I had been out all night, seeing my friends—I was quite sober—I had taken two or three glasses of win with some friends, but not above half a pint, at the Cat, about a hundred and fifty yards from where the prisoner came up to me—I had only been in that one public house after I left my friend's house, about four o'clock in the morning—I had not drunk a great deal—there were a great many people there—I had my purse in my hand when I unbuttoned my trowsers—I had not paid for anything out of it—I felt it before she came up—if it had not been for the man I should have taken the prisoner—he forced her before him—when I took them I charged them with robbing me, and they denied it—I know one person who was in the Cat, a man named Walker.
ALEXANDER JOHN GWINNETT (City policeman, 164.) I found Pettit holding the prisoner and a man—I found this purse in the water-closet—the man was discharged by the Magistrate—Pettit had been drinking, but was not drunk.
Cross-examined. Q. How long was it before you found the purse? A. About a quarter of an hour afterwards.
MR. MELLER called
MARIA SPRATT. I am single, and live in Golden-lane, and am a shoebinder—I think I have seen the prisoner before; I do not know her. On Friday week, about six o'clock in the morning, I was in the Cat, and saw Pettit in a private box, treating three women—he was drinking gin—I am positive of that—the prisoner was in front of the bar—after she was taken up I heard the three women talking—they had some money, and said they had left the skin behind them, up the court—they had been out, and come back—I do not think I should know the woman who said that—I had just come in from the country—I was very tired, and had no residence—I went in there
to have half-a-pint of beer—I met a woman inquiring for her daughter—I said I had seen such a woman as she described taken to the station, but said she would not be long, as the other persons had taken it—the prisoner went out first, then these other girls, and Pettit last.
GUILTY.* Aged 26.— Transported for Seven Years.
924. JOSEPH CLARK and ANN WILSON , stealing 1 purse, value 1s. 6d.; 1 handkerchief, 4d.; 2 silver coins, 4d.; 2 silver coins, 4d.; 2 letters, 2d.; and 6 sovereigns; the property of Edward Hyde, from his person.
MR. BRIAELY conducted the Prosecution.
EDWARD HYDE. I am a grocer. I did live at 104, Praed-street, Paddington. On 22nd Jan., between one and two o'clock in the morning, I was in Panton-street—Wilson met me, and requested me to treat her—I took her to the One Tun, in the Haymarket, and she drank there—I afterwards went with her in a cab, to Pump-court, Westminster—we went to bed—I had seven sovereigns and two small silver coins, and a silk handkerchief—I secreted my purse and money under the bed, within half an hour after I entered the house—at half-past seven o'clock I took a sovereign out of the purse, and gave it her to get something to drink—I then put the purse into my waistcoat-pocket—she fetched some liquor in a stone bottle—I took some—I did not see that she took any—I fell into a state of stupefaction, but was partly conscious, and distinctly saw her take the purse, and two letters from my pocket-book, and the handkerchief off my neck—she made her escape into the passage—she was stopped by the prisoner Clark, a dispute arose about the money—I was sufficiently sensible to recognise his voice—I could not catch any word distinctly—I came to in about half an hour—I got off the bed—they heard me, and Wilson escaped from the house—I went to the room door, and saw her go out—I could see her without leaving the bed—Clark, and another man, came towards me—Clark said, "Who are you, sir?"—I said I had been robbed, and I believed he was accessory to the robbery—he said, "Let us have a search"—it was the same voice I had heard in the passage—we searched the bed-clothes and room, and found nothing—he went to a public-house, I went with him; the other man was with us, he abused me, and asked me to stand something to drink—I asked how they could expect that, when I had been robbed—I went to the top of the court, and found a policeman—we went to the house, and I heard Clark's voice up stairs—we went up, and found Clark—he was taken to the station, searched in my presence, and one of the letters which had been taken out of my book, was found on him—I was in a stupified state—I felt weak and very ill for a week after—there were two or three females at the One Tun—they drank with us, but I went away with Wilson only.
Cross-examined by MR. MELLER. Q. Are you in employ? A. I have been out of employ six months—I lived last with Mr. Higgs, in Newcastle-place, Paddington, for six months—I left him to go into the country to see my aunt—I had private reasons for leaving—I gave my employer a month's notice, and left him honourably—I can defy any master to prove me dishonest—I swear I was never charged with dishonesty—I have not had my
place searched by an officer, in consequence of a letter—if my brother does wrong it is no reason why I should—I have had two residences; neither of them were searched while I was lodging there—I had private resources of my own to live on—when I left Mr. Higgs I had between 30l. and 40l., which I have saved from time to time—the money in question was a part of it—I am not bound exactly to support myself—I live frequently with my father and mother—I live now at 44, Chapel-street, Paddington—wilson was in the room when I hid my money—I did it to secure it from her—I do not know whether she saw me do it, I endeavoured to do it without—it was not a minute after I took the drink before the drug took effect—I drank a small glassfull—I was lying on the bed, and she was standing by the side—I was not undressed—I had been on the bed from between two and three o'clock till half-past seven—I was partly conscious, I could see everything that took place, but was without the power of moving—my eyes were open—I saw her take the money out of my pocket, but could not call out or make any resistance whatever—it was not more than half an hour from the time I took the liquor till I got off the bed to follow Wilson—I do not remember receiving a letter dated 7th or 8th Jan., 1848, from my brother—his name is Edwin—there has not been a letter from him found—I had a brother tried and convicted at this Court, but that has nothing to do with me—he never told me he had two bags of coffee waiting in the back part of the shop for me (see page 742)—I do not say that I heard voices when I was in that state—when I came to I heard them disputing in the passage—the half hour had then expired.
Cross-examined by MR. O'BRIEN. Q. This is the first time you have mentioned about the public-house in the Haymarket, and going into a cab with Wilson? A. Yes—I was examined three times before the Magistrate—they did not ask me about going into a cab—I doubted the last time whether Wilson was the woman who went with me—I have not the doubt still—there is sufficient proof—I expressed strong doubt from being in liquor—I did not see her for a month afterwards—the Magistrate compelled me to prosecute—I was in conversation with Winsor, who will prove all this, not two hours ago—Winsor did not tell the name of the public-house—I knew the name of it—I had been in the habit of using that house—I was not aware which house Wilson and I went into, but I have proved it since—no one has told me, I know it perfectly well—Winsor made it all known to me, or I should have known nothing about it—she told me I went into the cab with Wilson—I had been drinking freely before one o'clock and afterwards—I took a good deal of liquor after that, till half-past one—I should say that Wilson saw my eyes open—when Wilson went out with the sovereign I heard voices immediately—I heard nothing more for half an hour.
Cross-examined by MR. MELLER. Q. You have sent repeatedly to Clark's father to have this matter settled? A. No—I know a person named Hyde—I did not send him to Clark's father—I do not know whether he went—I did not offer to settle this for any sum of money—they father sent for me, and I went to his house for the purpose of detecting the other man—he came to the spot, and we chased him more than two miles—I might have settled this the next day—the woman that Clark cohabits with came to my lodging; she offered to give me the whole 6l. if I would take it—I refused to make any compromise, I named no sum—I went to Clark's father twice—I have never said I would take any sum.
SARAH WINSOR. On the morning of 27th Jan. I was drinking in the One Tun, Argyll-place, Coventry-street, Haymarket—I saw Hyde, and drank with him—Wilson was with him—two or three glasses of brandy were drank—he
was very tipsy when he came in—he and Wilson went away in a cab, between one and two o'clock in the morning.
Cross-examined by MR. O'BRIEN. Q. Where were you examined? A. I was not before a Magistrate—Hyde came into the same public-house last Sunday week—I was there, and he got telling me about his being robbed—I said, "I was in the house drinking with you"—I told him he went into a cab—he did not know it till I told him—he asked if I should know the person—I said, "Yes"—there were six or seven persons in the room—one more female drank with him; I took no particular notice of her—I went out of the public-house at the time he did—I dare say he was there about three hours—the landlord was there—the landlady was not, she never sits up later than twelve o'clock—Hyde and the prisoner were in front of the bar—the landlord served them—I had seen Winsor before, but never know her
ROBERT LEE (policeman, B 112.) I took Clark in Pump-court—in taking him to the station, he endeavoured to pass this 5l. Bank of Elegance note, and three counterfeit sovereigns, to a man—I found this letter in one of his pockets, and one shilling, which he said he received from Black Ann—this is the Magistrate's writing to this deposition—(read) "The prisoner Clark says, 'I rent this house; I sleep there every night; I took my supper at a public-house in Palace-yard, and was afterwards at a public-house in Tothill-street, all night with my brother; I know nothing of the robbery; I was returning to my house early in the morning; I met a girl named Black Ann; she gave me a shilling for a night's lodging; when I got to the door of my house, I found some one had taken off the padlock; I went into the room, found the letter on the bed, and put it into my pocket."
(William Freeman, a beer-shop keeper, of Smith-street, clerken well, gave Clark a good character.)
CLARK— GUILTY. Aged 29.— Transported for Ten Years.
WILSON— GUILTY. Aged 23.— Transported for Seven Years.
THIRD COURT—Tuesday, March 7th, 1848.
Before Edward Bullock, Esq. and the Fourth Jury.
ELIZA WARD. I am the wife of Thomas Ward, a carpenter, of High-street, in the parish of St. Giles—it is his dwelling-house. On 9th Feb., about half-past six o'clock in the evening, I was on the first floor, and heard a noise at the street door, which was shut, but not locked, at six—I had the key up stairs—my husband was at home—I listened, and in a few minutes I heard a sound like a rusty key turning on the inside of the street door, at the lock—my little boy, who was in the street, called, "Mother, thieves!"—I ran down, found the door open, the lock forced, and a strange key in it inside—some of the screws of the lock were out, and it was cracked—the prisoner was brought in about ten minutes.
Cross-examined by MR. PAYNE. Q. How many doors are there? A. Two, but one is fastened up—the one that was open is in High-street—the house was not empty—all the rooms were furnished—it is a corner house—my husband did not go down—he is deaf—the other door was not unfastened—they appeared to have forced the door open, and locked it inside.
THOMAS WARD. I am the son of the last witness. I was playing in the court with a little boy, and saw the prisoner and another walking up and down—they would not let us go by—I saw the street door on the jar—it was shut just before—I kicked it—the prisoner and the other man opened it—they were inside the passage—they asked what I wanted—I said I wanted my father—the prisoner said, "He does not live here, "knocked me against the wall, and ran away—he did not say, "I do not live here"—the prisoner had a white bundle under his arm; the other had a red one.
Cross-examined. Q. Had you ever seen them before? A. No—I did not run after them—I called out, "Mother! there is thieves."
ALFRED WOOD. I was playing with Ward, and saw the prisoner and another man in the court—I afterwards saw them inside the house—they came out and ran away—I followed the prisoner, and never lost sight of him till he was taken.
Cross-examined. Q. Had he anything with him? A. A bag under his arm—he turned into Denmark-street, into Stacey-street, and Crown-street, and was stopped in Church-street—there were three or four turnings—I was about ten yards from him when he turned the corners—I saw him again directly—I am sure he did not go up any court—he had a top coat on and a hat—the other was rather taller than him.
WILLIAM FARNDEN (policeman, F 36.) I saw the prisoner running, and Ward after him—I stopped him—two boys came up—he had this bag under his arm (produced)—I took him back to Mr. Ward's—I produce the lock—it is broken, and there is the skeleton key in it.
GUILTY. Aged 23.— Confined Twelve Months.
SUSANNAH AUGUSTA TRAFFORD. On 2nd Feb., about right o'clock in the evening, the prisoner came into my father's house, and asked me if I knew what my mother said to him the evening before—I said, "No"—he said I did—I said, "I do not; mother will be here directly"—he said, "I shall not wait"—he kept abusing me, and calling me a liar—he had lodged at the house for a week, and my mother had asked him for his rent—he went up stairs, and desired me to leave the bar and go up and see if his room was all right—I said I could not leave the place—he kept insulting me—I said, "I shall fetch a policeman"—he said, "Indeed! fetch a policeman to such a respectable man as I am!"—my mother came in and wanted to know what it was all about—he kept insulting her—she said she would put him outside—he dared her to do it—she put him out—he gave her a violent blow, and another over the chest—I saw her falling, and went to her protection—he tore the hair out of my head by handfulls, and kicked me in the bottom of my stomach—I have been in very great pain ever since.
Prisoner. Q. Did not you strike me? A. No—I did not tear your clothes.
ELIZABETH TRAFFORD. I am the mother of the last witness. On 2nd Feb. I came home, and found the prisoner and her in the bar—she was dreadfully frightened—the prisoner said, "Your daughter is a great deal too
high"—I said, "In what respect?"—he said, "She has had the impudence to say she will fetch a policeman; she is a saucy, impudent hussy"—I said, "Be quiet; mine is a quiet house"—he said, "Your daughter has insulted me"—I said she would not—he said, "You are a lying old devil, and want to extort money from me"—I said, "I shall put you out"—he said, "You dare to put such a respectable man as me out of the house"—I took him by the arm, and he went quietly out of the lobby door—I thought I had better keep him out, and put my foot against the door—he kicked violently against the pannel, put his shoulder to the door; I reeled and fell—he came in, struck me as hard as he could over the ear, and again over the eye—I collared him—he dragged me out into the street—I had my handkerchief fastened with a gold brooch—he struck me there, and hurt me very much—I found afterwards I had lost it—I reeled backwards, and was caught by the bystanders—I saw him tear my daughter's hair out by handfulls—I afterwards saw a bruise where he had kicked her—her groans were dreadful, night and day.
Prisoner. Q. Did not you strike me? A. Never—I did not say I would serve you out and get you a lodging, because you went to a house in opposition to mine—I did not follow you into the street and knock you off the kerb-stone.
JOHN STEPHENS. I am a cheesemonger, opposite Mrs. Trafford's. I heard screams of "Murder!" and "Police!" went and saw the prisoner, Mrs. Trafford, and her daughter struggling in the road together—the prisoner gave Miss Trafford four or five very savage kicks about the lower part of her person—he had a little hair clinging to his fingers—I interposed—it was I that tore his coat—I did not the witnesses gave him that—I had a great deal to do to keep the people from punishing him—he was given in charge.
Prisoner. Q. Did not you strike me? A. No—you were not knocked down—it is a respectable house.
Prisoner's Defence. It is the result of vindictive feeling, through my having left off lodging at her house, and gone to a house opposite; the daughter said she would serve me out.
GUILTY. Aged 32.— Confined Six Months.
MR. CAARTEEN conducted the Prosecution.
BENJAMIN BELL. I am a traveller, and live at Everard's-buildings, Back Church-lane. On 3rd Feb. the prisoner came to me, and said he had got an order for wages, but could not get them till they got a letter from the country—he took a piece of paper out of a cigar-case—he asked me if I would let him have 2s.—I did so—he said the ship was paid off at Antwerp, and the coin he should receive there would not amount to what he had to receive in London—he said he received it from the captain—he did not mention his name—I let him have more money on several other occasions—the first time I read the note was on the Tuesday or Wednesday in the next week, when I went with him to Mr. Arnold's office—he came down with a cigar-case in his hand, and said, "What can I do? I can get no money; but Mr. Arnold says it is all right, he has accepted his name on the back of it"—I looked over his shoulder at the order—this is it (produced)—I went with him every morning during the week to Mr. Arnold's—we never saw him—on 12th Feb. the prisoner
came to my house and said, "I cannot get this order cashed; they have put me off again; you know it is right, or else Mr. Arnold would not advance me 1l. on it; do you think Mr. Crellin will cash it for me, deducting what I owe you and him?"—I took the note, and gave him half a crown—he got 25s. from me altogether—on Sunday morning I went to Mr. Arnold—the prisoner was not aware I was going, I had told him to let it stand over till Monday—I should not have given him the half-crown if he had not given me the order.
Prisoner. Q. Did not we spend the money together? A. On two or three occasions I drank at your expense, and at other times you have done the same—you did come to me with 1l. in your hand, and say. "If you are very poor, I will give you three or four shillings; but I would rather you would wait till I receive the order"—you did not offer me the sovereign—( the order being read, was drawn by Capt. Robert Taylor, of the Sagittarius on Henry Arnold, of Lombard-street, for 7l.; accepted by J. H. Arnold; under which was written, "Received from J. Arnold. 1l.")
FREDERICK WILLIAM BAGBY. I am clerk to Joseph Hayman Arnold of clement's-lane, Lombard-street, shipping-agent. I first saw the prisoner about six months ago—he came two or three times in Feb., and said he had a claim for a doctor's bill, for being left sick at Monte Video, and he had left the order six months before, and had had to go on another voyage, and could not get it—we said we did not know anything about it, and could but write to the owner—he called several times—I gave him 1l. 6s. 5d. on account of the doctor's bill—he gave me this receipt (produced)—I do not know a Captain Robert Taylor of the barque Sagittarius—Mr. Arnold is not the agent for the ship, or for the captain, or for any of his ships—1l. was never paid to the prisoner on account of this note—I do not know whose writing it is—I have seen the prisoner write, and believe this acceptance to be his—I never told the prisoner I had not received orders from the captain to pay it—he never asked me for it.
Prisoner. Q. Do you recollect when I gave in the consul's bill from Monte Video? A. Six months before you gave in the order for the doctor's bill—Mr. Arnold said he could not pay it without orders—you said you were going, and could not wait.
SAMUEL DOWERELL (policeman, H 140.) On 14th Feb. I took the Prisoner on board the Ajax steamer—he asked me what it was for—I said it was for putting his pen to paper for what he ought not to do—he said, going along, he should give them a puzzler in his name, and he did not think they would have been so fast on him as they were.
Prisoner. Q. Did not I say I thought Mr. Bell would not have brought such a thing against me? A. No; you told Mr. Bell that if he had left it till the afternoon, you would have paid him.
Prisoner's Defence. I never intended to defraud Mr. Bell; if I had gone to Mr. Crellin, I dare say he would have lent me the money.
GUILTY. Aged 29.— Confined Twelve Months.
Before Mr. Common Serjeant.
SAMUEL OSBORNE. I live near Ilford, in Essex. On Wednesday night, 3rd Feb., I had some turnips brought to me—I covered them over—I lost some of them, but I was not at home—I saw some afterwards, but could not swear to them—I know this barrow to be mine, but I heard that my wife had lent it to Harrison, who is her brother.
Cross-examined by MR. PARRY. Q. You did not lend it to him? A. No—my wife told me she did—he fractured his arm a good bit ago—he is less able to use it than he used to be—he has been in my service till lately.
JOHN SMITH. I am in Osborne's service. On 3rd Feb. we had some turnips, which I covered over—I missed some, and tracked the wheel of a barrow which we had in our yard about a mile and a quarter, to a brook—I there found Mr. Osborne's barrow and the prisoners, who were washing some of the turnips—I cannot swear to the turnips—I think some were his, and some another person's.
Cross-examined. Q. Did you say they were your master's? A. Yes—Harrison said they were not; and Perry said, "I neither know nor care whose they are; I was employed by Harrison, that is all"—Perry bore a good character.
JOSEPH MANNERS (policeman, K 36.) I went to the brook and found the barrow, the turnips, and the prisoners—I told them the charge—Harrison said he got the turnips out of two fields belonging to Mitchell and Butler—Perry said he was employed by Harrison to wheel them form Ilford; that was all he knew about them.
Cross-examined. Q. You have known Perry? A. Yes, some time—I never heard anything against him.
Harrison's Defence. The turnips were given me by a man who took the best out of them and gave me the rest; a neighbour lent me his barrow; I called at Perry's, to help me to wheel them; the man wanted his barrow back: I said I had not done with it, but if I could get my brother-in-law's barrow I would bring his back; I went to my brother-in-law and borrowed it.
ELIZABETH LOWMAN. I am the wife of Jonathan Lowman, of Wall-end, near Barking. On 7th Feb., at five o'clock in the evening, we had a tame drake in the wash-house—it was missed between five and six—it was afterwards found—it was mine.
Cross-examined by MR. PARNELL. Q. It was found, and eaten? A. Yes—Sparkes lived at my house—the prisoner lived in the same row—this was not Sparkes' drake, he brought it home and sold it to me—the prisoner knows Sparkes as a neighbour—there has been no quarrelling between them—Sparkes lived with my mother and a father before he lived with me—I have known the prisoner hid some of Sparkes' tools—I believe she was given to that.
Cross-examined. Q. Did not the prisoner tell you it was Sparke's drake, and she took it to annoy him? A. Yes—I have known the prisoner nearly eight years—I never had her in custody—she said she killed the drake out of spite.
MARY M'CARTHY. I returned home from work about half-past five o'clock—I saw the prisoner in my back kitchen—she said she wanted to speak to me—Sparkes stood at the back door, and said she had brought a bundle into my house—she said she had not—I said we would light a candle and look for it—I found it between the water-tub and the wall.
Cross-examined. Q. She and Sparkes began quarrellng about whether she brought it there or not? A. yes—it was dead—my house is in the same row with the prisoner's and Sparkes—the prisoner told me afterwards she thought it was Sparker's drake.
MARY GREEN. I stood at my mother's back-door, between five and six o'clock that evening—Mrs. Rogers came out of her back-door, and had the drake by the legs hanging down—she opened Mrs. M'Carthy's door, went in, and came out again without it—I did not see it again till it was in Mr. Collyer's hand.
Before Mr. Recorder.
GUILTY. Aged 18.— Confined Three Months.
GEORGE EMBLETON. I am waiter at the George and Dragon, at Stratford, kept by Mary Baker. on 22nd Feb, a gentleman came in and ordered a steak—I gave him a knife and fork—the prisoner came in—after he was gone out again I missed the knife and fork—these are them.
CHARLES ROWBURG (policeman, K347.) I stopped the prisoner on Stratford-bridge, the same day—I said, "What have you got about you?"—he said, "Nothing"—I said, "Where is that knife and fork?"—he said, "Is my pocket,"and pulled the tail of his coat aside—I took them from him, and said, "You have stolen these"—he said it was a lie, he had not—he was in great distress.
GUILTY. Aged 24.— Confined One Month.
THOMAS BITTON JONES (policeman, K 131). On 27th Feb., about one o' clock in the morning. I saw the prisoner at Mr. Burrell's premise, at Barking—I turned my light on him—he turned round, walked away, and dropped some coals—I took them up—he got away into a creek—I went to his house—he came home, and I took him—I told him what it was for—he said he had been at a beer-shop—HE had nothing about the coal—I am sure of him—I knew him before.
GEORGE AUGUSTUS BURRELL. I have a coal-wharf at Barking. The prisoner had been in my employ, but had left three months—he had no business there—these coal are like some which were in barge at my wharf.
Prisoner's Defence. I went there to see if the tide was flowing, but the policeman did not see me with anything.
GUILTY. Aged 53.— Confined Twelve Months.
933. CHARLES WELLS. Burglariously breaking and entering the dwelling-house of George Rockwell, and stealing therein I accordion, 2 jackets, 2 waistcoats, and other articles, value 1l.15s.;2 half-crowns, 1l shillings, and 5 pence, his property; having been before convicted; to which he pleaded
GUILTY. Aged 20.— Transported for seven Years.
Before Mr. Recorder.
MR. PAYNE conducted the Prosecution.
THOMAS JAMES DUFFIELD. I am a mason—I kept a beer-shop, in Colsman-street, Woolwich. I know the prisoners Johnson, Flowers, and Burlton—I cannot say that I have ever seen Mayhew—on Saturday, 22nd Jan., Burlton had something to drink at my house—he had been there many times before—he said he wanted to speak to me, and I went out with him towards Warwick-street—in the course of conversation he said, "Would not a thick one or two be very serviceable this cold weather?"—I laughed, and said I did not know what he meant—he then said, "Can't you tumble?" meaning "Cannot you understand"—I said, "No"—he said, "Do you know any one that has got any dust, any plate, or watches, or anything that is valuable?"—I said, "Now I understand you"—he said, "I was concerned in that affair of Covill's, for which I had a tenner out, and nobody knew anything of the affair"—I said, "Oh, did they give you 10l.?"—he said, "Yes"—I understood by a tenner, a 10l.-note—I have often heard that expression made use of—I have heard him make use of it—he asked me if I would go as a copartner with him, and so on, and said I could sit down and blow my 'bacco,' and have 200l. a year, and need not be seen in the affair at all—I told him I would consider—we then went to the Trafa'gar, and had some rum—on the way there, he said, "If you split, I shall swear it is a d—d lie"—after we came out, he pointed to a grocer's of the name of Oliver, and said, "That is one I intend to do"—we then parted—I saw him again next day, Sunday, and he said, "I think I was a little fresh last night, was I not?"—I said, "I think you were"—he said, "I mean all that I said last night, if you do?"—I said, "I never commence a thing unless I go through with it, if I can"—I afterwards made a communication to Mr. Levy, the inspector of the Woolwich police, and informed him of the arrangements I was about to make, and he sanctioned what I did—I went to Mr. Mould's, at the Powerful, on the next Sunday—I had been there repeatedly before to see him, but could not; and I went repeatedly to Mr. Covill's before I could see him—I at last saw him, had some conversation with him, and went with him and Mr. Mould to the inspector—I afterwards went to Burlton—he asked how I got on—I told him thought we had got a little bit o a job that would suit; that I understood there was a good bit of money up stairs at the Powerful—(that was in pursuance of an arrangement I had made with Mr. Mould and the inspector)—Burlton said, "Oh, when must it be done?"—I told him, "Before Friday"—this was on Monday—he said, "Then I will go up to-morrow.
to London, and introduce you to the parties, in order to bring them down"—he called on me about two o'clock on the Tuesday, 1st Feb., and we went towards the wharf where we were to embark—before we got there, he said, "We will ca on Mr. James, I want to see him"—he is a watchmaker—I went with him into James's house, and he said he was going to London, and wanted the direction of a Dr. Penny—Mr. James said he would give it him, and he got his book, and wrote the direction—Mr. James went away into the shop or up stairs, and Burlton said, "There are five is watches there, and there are plenty more up stairs, which I shall take; this is one that we must do on a Sunday night; but I do not think he has got much cash"—there were five watches on the table—we then went across the river, by the Eastern Counties Railway-boat, and went up by the rail; but before that he said, "I will show you how I can work the old man out;" and when we came out, he said, "Take particular notice of the locks, and so on, so that we can give a particular description of them when we get up"—he asked Mr. James if he would take anything, and he came with us to the Pier Tavern, and had a pot of porter; and after that he said, "You see how I can work him out"—while on board the boat he made a remark about Fryer, a policeman, and said, "What is that bobby doing there?"—he went up to Shoreditch, and after we had got out of the train, Burlton said, "So help me God, I thought he would have crabbed the deal"—he meant that I was trying to put some one of his to catch him—I said, "Oh no, why should you think that; if you have not got confidence in me, don't go any farther"—he said, "Oh no, come on, it is all right now, I see"—when we got to town, we went to the Duke of Wellington, and from there to the Folly House Lamb's-fields, Bethnal-green—the name of "John Flowers" is over the door—we went into the tap-room—it was then about three—there were four people there, playing at cards—we waited till four, when Flowers and Johnson came into the room—they were going out again on seeing me, but Burlton said, "He is one of us'" and they came back again, and we all four went not the parlour—while there altogether, Burlton said, "We have brought you a bit of a job"—Johnson said, "That is right, what is it?"—Burlton said, "It is a public-house job, and almost as good as the other, I think, but this party will tell you more about it than I can"—Johnson said, "I hope we shall not have so much trouble as we had with the other;' and he blamed Burlton, and said if he had not have crabbed it the second time, he would have been in that—Flowers asked when it was to be done—Burlton said, "Before Friday, for that is his brewer's day"—Johnson said, "We will go down to-morrow, and meet you at the some house as before," meaning he Trafalgar—we were to be there a little before three—Burlton said, "Mr. Mould is a man of the world, he must be worked out;" and said that as I knew him I could do so—I said I would take his to Greenwich, as I had a little business there—Burlton was to look that see Mould and me pass, in order to go to th Traflagar, to let them know that we had passed, and were out—Johnson said if there was anything like 100l. he should give me 10l, and Burlton 10l.—on the Wednesday afternoon, and Feb., about one, I called on Mr. Mould—he went out with me, and we west towards the piper, past Burlton's house—I did not see him in the shop—so I went in, and he came out of the back-room, and said I was piping of you—I thought be meant that he saw us—Mr. Mould did not hear that, he walked on—I afterwards joined him, about a hundred yards on—we then went to the sand-pits, and came round by another road, at the back, and into his house; that had been arranged between us—we went into the back-parlour,
where there is a curtain—we looked under the curtain, and in about three minutes after three, Flowers came in, and called for 6d. worth of brandy and water—he stood at the bar, and said to Miss Mould, the barmaid, "Is your father out?"—she said, "Yes; he is gone to take a walk to Greenwich"—he said, "It is a very fine day for a walk, Miss?"—she said, "Yes, sir"—he said, "I see you have got several beer-shops about here"—she said, "Yes"—he said, "I think you have too many;" that was all I could hear—he stopped there, drinking his brandy and water, and smoking his cigar—Johnson then came in, and Mayhew followed him in almost immediately, as close as could be, and they both passed Flowers, and went up stairs—there were some policemen in the parlour with us, and I pointed out the prisoners to them as they came in—there is a coffee—room up stairs, over the bar—when I was at Flowers's house, he brought out a package of skeleton keys from a drawer and another from the cupboard, in the parlour—they were placed on the table, and Burlton said, "These are the men to handle these sort of things; there are not better in London"—I afterwards, when the prisoners were in custody, accompanied the policeman to Flowers's house, and pointed out the place where I had seen the keys, and they were found there—from the Sunday, the second day that Burlton spoke to me about this, I acted in compliance with the police, and in concert with them and Mr. Mould.
Cross-examined by MR. THOMPSON. Q. How long has your name been Thomas James Duffield? A. As long as I can recollect—I have lived in Woolwich since 1841—I opened this beer-shop in Sept. last—Moore's, of Old-street, are my brewers—I did not give anything to go into the house—I made it a beer-shop, and procured the original license—I got a certificate signed by an overseer of the parish, and a bondsman—I kept the beer-shope three or four months, and got 45l. for it when I left—I was them indebted to Moore's 20l.—I did not pay them anything out of the 45l.; I do not owe them anything—I sold them the house, and paid them—I was at Goole, in Yorkshire, in 1839—I carried on the trade of a mason there for myself—I lived there two years—I was employed as a mason, by Mr. Thorpe, there—I never had to receive money—I am a Kentish man, and was at Gravesend before I went to Goole—from 1839 to 1841, I was at work at different places in Yorkshire—I went from Goole to Hull, and then to London, in 1840—I never worked or lived in London—before I went to the beer-shop, I worked for Mr. Weller, on and off, I suppose, three years—when I was not at work for him, I worked for Mr. Smith, the contractor, superintendent to Mr. Rolt—I never saw Flowers and Johnson before the 2nd Feb.—Buriton learnt me the use of all the words I have mentioned, in my tap-room—I sear I learnt them from no one but him; I never heard such expressions from any one else—I did not understand all that he said—he was not beastly drunk—I should say he was in a fit state to talk upon business—he had had two pints of porter; that would not make him tipsy, but that, added to what he had before would—I have known him two and a half years—I knew him before I took the beer-shop, when I was working as a mason—I had been at his house—I first became acquainted with him when he was a barman—I knew him by the name of William—I never knew his other name—I laughed when he said, "Would not a thick one or two be convenient this cold weather?"—I did not know what he meant by that—I know nothing about Covill's robbery; I only know he was robbed; he told me that himself—I cannot tell what induced Burlton to come to me—I swear it was Johnson who said
it was all right at the Folly-house beer-shop, when Burlton said he had brought a bit of a job—I am not confusing Johnson with any one else—I do not know a widow of the name of Saunders—I recollect an excursion taking place—it was not for the benefit of a poor widow and her family—I do not know who the benefit was for—the Odd Fellows got it up—I was then a member—I sold ten of the tickets—I received 2s. 6d. for each ticket—I never paid that to anybody, because they owed me 1l, for my expenses, in going down to Gravesend to hire the boat for them—the committee agreed to pay my expenses, but did not—I cannot say for whose benefit the excursion was—I did not see something in the bills about a widow—each of the committee were to have one ticket free, so I accounted for nine—the boat was to be 21l.—the captain had 11l., and he would not go without the whole of the money, on account of his orders from the proprietors—10l. was paid him, and I advanced 1l., as I considered he had a right to have it—I suppose about two hundred and fifty Odd Fellows went in the boat—I planned this robbery at Mr. Mould's—I had never worked at his house—I used to pay my men there when I was a master—I sometimes had twenty or thirty men, according to business—I told Burlton that the money would be in the bedroom over the coffee-room, and the coffee-room was over the bar; that would be on the third-floor, including the ground-floor—there are two rooms there—there is a staircase—the doors of the rooms are directly opposite each other, and there is only four and a half inches between them—the staircase is lighted fort the window of the concert-room, which is on the first-floor, over the skittleground—it is a very dark staircase; it is quite dark in the passage—I never noticed any gas lighted there during the day—Mr. Moule told me, on the Monday or Tuesday, that Friday was his brewer's day—I advised him to put his money between the bed and mattress, and I told the prisoner it would be found there—I do not think Mr. Mould keeps a cash-box—I did not observe any drawers in the room—I first told Mr. Covill of this on the 30th, and Mr. Mould next—Burlton had spoken to me on the 22nd—I tried to see Mr. Covill between the 22nd and 30th, but he was engaged in London—this is the first time I have had to do with anything of this kind, and I hope it will be the last—I swear I was never the means of anybody's being taken in to custody before—I have never been a plant before, not ever peached—I have never been lagged—I have never been under a lock—I swear I have always been a respectable character.
Cross-examined by MR. METCALF. Q. Why do you say you hope this will be the last time you have to do with anything of this kind? A. Because it is a very unpleasant affair to be in—I should not have engaged in it if I had thought it would have gone so far—if I had gone on with them, I should have had more then then 10l. by this—I formed the plan to detect them and bring them to justice—I considered I was doing public justice in doing so—I advised with my friends—Burlton was never a companion of mine—I learnt all this language from him—no one used my house with him—I learnt all this since Sept.—I have seen him two or three years ago, when he was barman at the Pier Tavern—He was an entire stranger to then—I do not recollect when he left—I have seen him at his own house at various times—I have been at his shop on business—I have with him for potatoes and so on—I have seen him at other places—I have not been his constant companion for the last two years—I have ceased to be an Odd Fellow, in cossequence of the riotous conduct on board the steamer at this excursion—they threatened to throw the captain overboard—they did not turn me out of
the society—I did not pay over the money—I told them I should resign the same night, in the boat—it does not require a notice to resign—I told the police-inspector, on the Tuesday morning, that I had been the skeleton keys at Flowers'—I have always recollected that, and I told him where to find them.
Cross-examined by MR. HORRY. Q. How did you get your living before 22nd Feb.? A. By keeping a beer-shop—I left it in Jan.—I have not been doing anything since—I do not expect to get a farthing for this case, only the good wished of the public—I have been looking for employment, and have got a job at Mr. Weller's, at Woolwich, when this matter is over—I went to Yorkshire, because my cousin sent for me—I know Mr. Barlow—I did not meet his wife's sister, Elizabeth Thorpe, as I was going to Goole, in a stagecoach—I met her on the coach—I do not know where she is noe—I do not know that she is in a lunatic asylum—I finished the journey with her to Hull, and stopped with her all night—I left her next morning, and saw her again in a about a week—we did not live together as man and wife—she was my housekeeper—I was then single—that was in 1839—I am now married—I did not go to Mr. Thorpe, and tell him his daughter was married to me, and get 35l. from him—I never had 1d. from him—be never talked to me about his daughter—she was then living in the same house with me—I will not swear she did not use the same bed—I did not, when I first met her on the coach, persuade her to go with me, stating that I would marry her—she asked me, a various times, to let her come and live with me—she was turned out of doors, and I took her in, out of charity—she never spoke of me as her husband in my presence—I did not threaten to murder or ill-use her if she exposed me—she lived with me about nine months, at Goole, and then went to service—I went to Hull—I saw Thorpe twice during that nine months, at his sister's public-house—his daughter was never mentioned—our conversation was quite friendly—he had turned her out of doors for having a child, before I knew her—I never asked any one to sell my beer-shop for me—the brewers did not send in an execution—I did not ask Burlton to get me a purchaser—he brought a man named Keene to look at it, but he could not find the money—there has been no execution in the house since I have had it—I was not expelled from the Odd Fellows' Society fro not paying over 17l., which I had received on their account—I did not say, when I failed in selling my shop to Keene, that I would be revenged on Burlton one day or other, or any words to that effect—I had never seen Burlton before about any robberies, and never saw any of the other prisoners before 1st Feb.—I never got any furniture from Thorpe—I gave him some, because his daughter had borrowed 20l. of a Mr. Lovington, and had drawn up a promissory-note for it—I never authorized her to do it—Mr. Lovington asked me for the money about a month after—I said I did not owe him any, and he said, "Yes, your housekeeper borrowed 20l. to pay your men's wages one Saturday night"—I gave Thorpe the furniture to make up that bill, and he was to pay it, but Barlow afterwards sued me upon the bill, put in an execution, and sold all my things.
NICHOLAS MOULD. I keep the Powerful inn, Woolwich. In Jan. last Duffiled made a communication to me; in consequence of which, I went with him to Inspector Levy—after that In consented to what Duffield was to do, under Levy's direction, and he from time to time communicated different circumstances to me—on Wednesday afternoon, 2nd Feb., about a quarter past one o'clock, Duffield came to me, by previous arrangement, and I went with him down Albion-road, towards Charlton-pier—Duffield called in at Burlton's house—I went on—he joined me again immediately, and we went as far as the Lord
Howick, and up Charlton-pitts round home, into my house by the back way, about two o'clock—we went into bar-parlour—Sergeant Parry and Gladwin were there—I went up into my bed-room, and put some money between the mattresses—I then locked the door, and case down—I then went up with Newell into a room adjoining the bed-room, left him there, and came down into the parlour with the other constables—as I came down I looked into the coffee-room, which is over the bar, and there was no one there, and no one went up from that time until Mayhew and Johnson came in; they were the first parties who went up—I saw them go up—Flowers was then standing in front of the bar, looking at the paper, and drinking brandy and water—he asked my daughter, who was serving, where her father was—she said he was gone for a walk—I had told her what to day—I then heard footsteps coming down the stairs, and the bell rang immediately after, as an alarm—I ran up stairs, and saw Johnson and Mayhew in the coffee-room—Newell followed me into the room, and shut the door—he called my attention to something on the dire, which I found was a part of a black silk apron, containing about a dozen skeleton-keys—it was just igniting—they were not there when I looked in as I came down stairs—after a few moments Mayhew rose up, and said, "What are we detained here for, we have done nothing?"—Parry and Gladwin came and took them into custody—I went up to my bed-room door, and found it locked—I unlocked it, went in, and found the money had not been disturbed—there was an indent on the door-post, as if force had been applied to the door.
Cross-examined by MR. THOMPSON. Q. Who advised you to put your money between the mattresses? A. Duffield—I put a 5l.-note and 1l. worth of silver, with something like sixty farthing, to make a purse—Duffield was to tell them where the money the money was—a small chisel would make the mark I saw on the door-post—Duffield first came to me on the Sunday previous to 2nd Feb.—he said, "Provided you knew the parties who done Covill's robbery, would you inform him of it?"—I said, "Certainly"—he said, "I think, with your assistance, I can find the parties our"—he then tole me that the parties had spoken to him as to finding out where different tradesmen kept their money, and so on, and that all he had got to do was to sit himself down quietly, and have his glass of grog—I slept on the second-floor, where there are two rooms—the door of the second room is immediately alongside of mine, and opens in the same direction.
Cross-examined by MR. BALDWIN. Q. I believe the words "Coffee-room" are painted up in the window of the coffee-room? A. On the blind—it can be seen from the outside, but persons have a difficulty in finding it out—I came into the coffee-room before Newell—the words Mayhew used were not, "What am I detained for, I have not anything?" but, "What are we detained for we, have done nothing?"—I am positive of that—I said, "Why, you have been attempting to rob my house"—nothing was said in reply to that—I left the room immediately—I do not know that I had ever seen Mayhew before—I am not positive whether he was sitting down behind the door, or standing by the fire, when I entered the room—there was some brandy and water on the table.
Cross-examined by MR. HORRY. Q. How long have you known Duffield? A. Four or five years—I recollect an execution in his house, at least I know one was expected a fortninght or three weeks back—I knew him to be in needy circumstances—I do not know where he is living now, or what he is doing.
MR. PANYE. Q. Did you know of Covill's robbery ar the time you
agreed to have this planned? A. Yes—it was through that that I settled this—that robbery was to the amount of about 160l.
CHARLES DOUD. I live at the Trafalgar, at Woolwich, which is between Mr. Mould's and Burlton's. On Wednesday afternoon, 2nd Feb., a person came and asked me whether Mr. Burlington was in the house—I believe it was Johnson, but could not swear to him—May hew was with him—I am sure about him, and there was also another person with them—Mayhew looked me hard in the face, and I had a better opportunity of seeing him—I said I did not know a Mr. Burlington—he said, "A greengrocer, down the street"—I said, "You mean Mr. Burlton," and I pointed out where Burlton lived, which is 9, Albion-road—two of them went in that direction, and when I got to Mr. Bannister's door they were all three together again—I did not notice the third person.
Cross-examined by MR. BALDWIN. Q. Do you swear to Mayhew? A. Yes; one of them had a pepper-and-salt coat on—Mayhew did not speak to me.
ISABELLA MOULD. I am the prosecutor's daughter. Between two and three o'clock on Wednesday afternoon, 2nd Feb., I was looking out of window, and saw Flowers, Mayhew, and Johnson walking along together—when they got to the end of ship-lane they made a kind of stop—Flowers ran across the road, the other two came over—in two or three minutes Flowers came to the bar, and asked where my father was—I said he was gone to Woolwich, for a walk—it was arranged that I should gie him that answer—I knew my father was then in the house—in about two or three minutes Mayhew and Johnson came in an went up stairs—I am sure they are the same persons that I saw together.
Cross-examined by MR. METCALF. Q. Had you ever seen either of them before? A. No—I learned their names at the Police-court—I saw them close together—I noticed them, because I had heard my father say something about it in the morning, and I was on the watch.
JAMES MOULD. I am the prosecutor's son. On Wednesday, 2nd Feb., I saw Flowers standing in front of our bar—I took up sixpenny-worth of brandy-and-water into the coffee-room, and saw Johnson and Mayhew there—Johnson paid for it—I left them there.
Cross-examined by MR. THOMPSON. Q. I believe Mayhew was standing before the fire? A. Yes, and Johnson sitting at a table behind the door.
MR. PAYNE. Q. Was the brandy-and-water between the two, or only for one? A. Johnson had it, I do not know who drank it.
JOHN NEWELL (policeman, R 340.) I went with Sergeant Parry to Mr. Mould's, on Wednesday, 2nd Feb.—I was placed on the second-floor, in a room adjoining Mr. Mould's bedroom—I could see the doorway of his room—I heard a man come up stairs, unlock the door, and go in—I saw hi go in from the light when the door was opened—it was Johnson—he came out in about a minute and a half and locked the door, and I directly followed him down stairs into the coffee-room—I rang the bell, which was the signal agreed upon to give th other constables notice when he came out of the room—I saw Johnson drop this skeleton key out of his hand—when I got into the coffee-room Mayhew was sitting there, about two yards from the fire, and this handkerchief was on the fire with these skeleton keys in it (produced.)—I was within a yard or two of him, going down stairs—I johnson had walked up to the fire, and then to the door, and wanted to come out of the door as I
came in—he might have thrown them into the fire as he passed, without Mayhew seeing him.
Cross-examined by MR. THOMPSON. Q Were you locked in the room up stairs? A No; I had a board placed there, to prevent any one opening the door—I could hear him unlock the door quite plainly—I did not try whether the key that dropped from his hand would open the door—the staircase is dark—I could not see him unlock the door, I only heard him.
Cross-examined by MR. BALDWIN. Q. What passed when you got into the coffee-room? A. Mayhew said, "What is the matter, we have not robbed anybody, have us?"—I believe he said, "What are we detained for, we have done nothing?"—I cannot say whether he said I or we.
WILLIAM GLADWIN (policeman, R 122.) On Wednesday, 2nd Feb., I was in the bar-parlour of the prosecutor's house, and saw Flowers standing is front of the bar—I saw Johnson and Mayhew come in and go up stairs—I afterwards heard a bell ring, went and took Flowers into custody as he stood at the bar, and handed him over to Sergeant Parry—I went up stairs, and saw Johnson struggling on the floor with Newell—I saw him put his hand under the sofa-cover, I turned it up and found this key, and these two I took from the fire (produced)—on the same evening I went with a search-warrant to Flower's house, the Folly, at Bethnal-green—Duffield accompanied me—he pointed out a cupboard, in which I found these eighteen skeleton keys, a crowbar, a chisel, dark-lantern, and a canvas-bag—in a cupboard, in the bar-parlour parlour, I found this piece of apron, which exactly corresponds with the piece found on the fire at Mr. Mould's—I also found some dummies, or paper parcels, one contains an old shoe—they are neatly tied up, intended to throw off suspicion, as if for a gentleman or a clerk.
JAMES PARRY (police-sergenant, R 8.) On Wednesday, 2nd Feb., by the inspector's direction, I went with other constables to Mr. Mould's house—I went into the bar-parlour—I saw Flowers standing in front of the bar, and saw Johnson and Mayhew go up stairs—I assisted in searching Flowers' house—I searched Mayhew at the station, and found on him a knife and a half-penny—he said he had dropped a half-crown in the room, but I found none—I only felt the outside of his pockets in the room, to see if he had any money—Flowers denied knowing anything of the men up stairs.
Cross-examined by MR. THOMPSON. Q. I believe the fact of your robbary was very well known throughout Woolwich? A. It was, and the extent of it—I lost four 5l. pound notes, and a Government bill.
JOHN JENKINSON (policeman, G 53.) I know Flowers, and I know Johnson, by the name of William Montrose—have seen them in company many times at different public-houses—I have frequently met them in different flash houses in the neighbourhood of Shoreditch, and in the street—they were always to be found in the neighbourhood of Shoreditch and Beth green, not at Woolwich.
WILLIAM BALL (policeman, N 365.) I know Flowers and Johnase—I have seen them two or three times together—I have known Flowers about six years—he kept a shop in the general line in Hoxton about three years, and since that he has lived in the neighbourhood of Bethnal-green.
MR. HORRY called
THOMAS JAMES. I am a watchmaker, at Woolwich, and a goldsmith of the City of London. I have known Burlton five years—he has borne a most honourable and upright character, to the best of my belief—I recollect the witness, Duffield, calling with Burlton at my shop some time in Feb.—I took them through the shop into the parlour—Burlton called on me to give him the address of Dr. Penny, who lived in Billiter-street, and who had run into his debt 4l. or 5l.—I gave it him—I did not leave him and Duffeld alone together from the time they came in till they left—I heard all that passed between them—I did not go from one shop to the other, nor go up stairs.
MR. PAYNE. Q. How long were they there? A. About five minutes—I had five watches on my parlour table—I only turned my back to go to a book-case, to get the book in which Dr. Penny's address was written—I wrote the address in my parlour—I did not go into the shop—Burlton owes me 10l. or 12l., and his done so for about two years and a half—I know Mr. Chatham—I never said to him or to any one that I should not come here at all only Burlton owen me money, and I thought if he was convicted I should not get it—Burlton had been in my house many times, and I would trust him with untold gold—I remember when he was waiter at the Pier Tavers and Hotel—there was a robbery talked of at that time—he was never suspected—I saw him late employer, Mr. Tomlins, last Wednesday—he is very poorly, or he would have been here, and he said he had never robbed him of a shilling.
COURT. Q. Have you ever known him examined on oath A. Never. Seven years—I had men in my employ last summer, but business being dull during the winter I have not now—I never had any quarrel with Duffield—I never heard him give evidence, but I know his character—I know Mr. Thorpe.
---- CHRTWRIGHT. I am a farrier and smith. On Wednesday, 2nd Feb., about a quarter-past one, I went to Burlrton's house—he was at home—I did not see Duffield come in.
(Mayhew and Burlton received good characters.)
JOHNSON— GUILTY. Aged 27.
FLOWERS— GUILTY. Aged 30.
BURLTON— GUILTY. Aged 36.
Confined Two Years.
MAYHEW— NOT GUILTY.
Before Mr. Common Serjeant.
BURGESS PEACHEY. I keep a shop at Woolwich. On the evening or 19th Feb. the prisoner came to my shop—I knew her before—I had six ounces of cheese cut off in my shop—I was outside—my mistress, who was inside, gave me information—the prisoner bought a rabbit of me—(she had been inside and bought some butter)—I put it into her basket, and saw the theese; but as it was only a little bit; I thought I would not say anything to her, my wife said I always let her go; the prisoner had then got to the next shop—I went after her, and told her she had got a piece of cheese in
her basket—she said some woman must have put it in—I said it was no such thing—she said it must stuck to the butter—I said it was no such thing, it was not the first time, and I should give her in charge.
WILLIAM SMITH. I am shopman to the prosecutor. I saw the prisoner go to the counter—she asked for some butter, and while my mistress went to give her change she put the cheese into her basket—I told my mistress.
Prisoner's Defence. I went in for half a pound of butter; I threw a sovereign down, and asked for change; I took the butter off the block and laid it on my right hand, where were some pieces of cheese, but not of the size or weight of that produced against me; I got my change, pit the butter in the basket, and went outside to the prosecutor; I bought a rabbit, and opened the lid of my basket and let him put the rabbit and a piece of pork in; I went to the next shop, got my grocery, and the prosecutor came and wanted to see what was in my basket; I gave him the basket, and he said to me, "Where did you get that cheese|" I said I never knew I had any cheese; I do not know whether it was taken out of my basket; I never saw any cheese of that weight and size.
GUILTY. Aged 21.— Confined One Month.
GUILTY. Aged 21.— Confined One Year.
MR. PAYNE conducted the Prosecution.
ISAAC BLACKBOURNE HURST. I am a baker, at Royal-hill, Greenwich—Christain Ryle was my servant for about a year and eight or ten months. In consequence of a communication made to me, my attention was directed to him in the bakehouse—I called in an officer, about nine or ten o'clock is the evening, and searched about the flour-room—I found about twenty-five empty bags, which had had flour in them, concealed behind the four-sacks—next day I searched for them again, and they were gone—no one had access to the flour but him—I have discovered very great deficiencies in my stock of flour for the last eighteen months—after he was in custody he sent for me, and I went to him—he asked me to forgive him, as Mr. Baxendale had forgiven his man—he said he would come and live near me, and nothing of the kind should happen again, or he would leave the country.
Cross-examined by MR. CLARKSON. Q. Did you threaten to shoot him or to cut his throat? A. No, it is not true—I did not take up a dough-kaife and threaten to cut him in quarters—it was on a Tuesday night that I discovered this; I cannot tell the date—it was the night I received an anonymous letter by the post—I did not ask him if he had any enemies—I did not go to his house and ask for him to return to his work, and all should be forgotten.
JOHN CARPENTER (policeman, R 84.) I took Christian Ryle into custody—I told him he was charged with robbing his master of a considerable quantity of flour—he made no reply—I took Catharine the same day, and on the evening of the remand I fetched the prosecutor—the prisoners have been living together as man and wife the last twelve months, but before that, they lived apart—Christian Ryle said to the prosecutor he hoped he would forgive him, as another master-baker in the town had forgiven his man—he said,
"If you will take me back, I will come and live in the neighbourhood of your own house; you shall watch my proceeding; nothing of the kind shall occur again; if you will not forgive me, I will leave the country, and go home to Germany."
COURT. Q. Do the prisoners bear the reputation of being man and wife? A. They do.
CHRISTIAN RYLE— GUILTY. Aged 41.— Transported for Seven Years.
CATHARINE LOUISA RYLE— NOT GUILTY.
(There were two other indictments against the prisoners.)
(The prosecutor stated his loss at 100l.)
GEORGE SHARPE. I am a carpenter—I live at Deptford. On 31st Jan. I was at work at some new buildings—I left my tools for a short time—when I returned, my saw and plane were gone—this is the plane (produced.)
GUILTY.* Aged 22.— Confined Four Months.
ALFRED PEPPERCORN. I am partner with George Peppercorn, as butchers, at Deptford—the prisoner was our servant. On 4th Feb., I saw him go out—the officer brought him back—this property was found on him—it is ours.
Cross-examined by MR. BALLANTINE. Q. Do you know it? A. Yes—the prisoner had not purchased it—he has 11s. a week and board—he slept at home—he has a wife and two children.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY. Aged 45.— Confined Two Months.
LEVI COLLINS. I am servant to Mr. William Wellbeloved, of High-street, Deptford—I have known the prisoner several months. On the night of 12th Feb. I saw her outside the shop, handling the meat—I afterwards missed four pounds and three quarters of beef—I have seen it since—I believe it is my master's.
Cross-examined by MR. BALLANTINE. Q. Had you seen it before it was taken? A. Yes, on Saturday morning, about eight o'clock, and on Saturday evening it was missing.
GUILTY. Aged 27.— Confined Two Months.
GUILTY.** Aged 27.— Confined One Year.
942. JAMES GARRATT , stealing 1 box, value 2s.; and 84lbs. weight of cocoa, 2l.; the goods of the London, Brighton, and South Coast Railway.—2nd COUNT, of Francis Chambers and another.—3rd COUNT, of Charles Pascoe Greenfell and others; having been before convicted.
MR. ROBINSON conducted the Prosecution.
JOSHUA NUNN. I am warehouseman to Francis Chambers and another, in Tower Royal, wholesale tea and cocoa-dealers. On 26th Jan, I sent a box, containing cocoa, by our carman, to the Nag's Head, Borough—I received this receipt for it—it was to be sent to the railway-station—this is it (looking at it)—the value of the cocoa and box was about two guiness—this was a tea-chest originally—if it had that in it, it would have been more valuable.
JAMES WOODS. I am warehouseman, at the Nag's Head, Borough. On the evening of 26th Jan. a chest was brought there for Stone and Son, Newhaven—next day, about eleven or twelve o'clock, I put it on a van, to go to the Newcross station.
GEORGE GROVES. I live at Newcross, and am porter to the South Cost Railway. I was on duty at the station, on 27th Jan., when the carman brought the chest, about twelve o'clock in the day—it was put in the bottom of the platform, by itself, as it was the only thing we had for Newhaven—I saw it there between four and five o'clock, and I was the only porter on the platform—the prisoner had come down with a load of butter for Brighton, and while waiting to be unloaded he came on the platform, where I was working, and looked at the chest—he had no business on my platform—his goods were on the Brighton platform—I was at the other end, loading some iron—I kept my eye on him—he looked at the chest—I cannot say whether he weighted it or not, but there was a bag of coffee close by, and he went and felt that—he walked off, and he went and unloaded the butter on the Brighton platform—I missed the chest in about a quarter of an hour.
Cross-examined by MR. PAREY. Q. Were you on the platform alone? A. I was the only porter there—the man who was delivering the iron to me was there, are there were three or four other carmen there with their carts, waiting to be unloaded—the platform is form eighty to a hundred feet long, and I was at the end—the prisoner came up the steps at the other end, where the chest was standing—there were not many bales and boxes of goods—there was a bag of coffee and the chest; I cannot say what else—he would not have seen me if he had turned his head round, I was in a truck, and the sides were high—not more than a quarter of an hour elapsed between my seeing this chest and missing it—on seeing the prisoner looking at the chest. I went down to the other end, and it was gone—I went to the Brighton platform, and the prisoner was gone—he had not unloaded his cart when I saw him looking at the chest—he could roll the butter out of his cart in five or ten minutes—the Brighton platform faces the one I was on—I gave information.
MR. ROBINSON. Q. Were the other carmen on the eastern branch? A. They were close to my platform, ready to back their carts.
JAMES CORRALL. I am foreman of the goods department at the New Cross station. On 28th Jan. I received information from Groves, which induced me to go in search of the package—I went in the direction of the Old Kent-road, as far as the Lord Wellington—I there found two carts—I got into the smaller cart, and found this chest now produced, with two mats and a tarpaulin over it—there was nothing else in the cart—it appeared as though the greater portion of the direction had been torn off—there was enough to enable me to see what it was—I inquired for the carman—the ostler went and brought in the prisoner—I asked him if he was the carman belonging to those carts—he said he belonged to the large one, not the small one—I asked him where his mate was—he said he had gone on the road, to look after the party who had put the chest in his cart—I first mentioned the chest to him—I asked him what he was doing with that chest in his cart—he said he knew nothing of it—I told him I had been watching him—he said if the chest belonged to me I had better take it, but not ake his master's carte to the green-yard—he then told me that after leaving the station a party had put this chest into his mate's (James Smith's) cart, and he had gone in search of the party—I waited some time—he did not come, and I gave the prisoner into custody—the lid of the chest had been broken open when I found it.
Cross-examined. Q. Do you know the prisoner's mate? A. No—I know, from the information I received, that the prisoner had delivered butter that day—he is in the employ of a carrier—I took him to Rotherhithe station—he drove his cart—we had a little refreshment on the way—we went into a public-house—the prisoner was there at the time—I do not know whether he minded his cart or not—he could not have made his escape—I forget what we had—I think Mr. Hudson paid for it—he was in the small cart, with the chest.
WILLIAM CHAPMAN. I am ostler, at the Lord Wellington. On 27th Jan., between six and seven o'clock in the evening, the small cart drove to our door—I do not know the man who drove it—I do not know that I had seen him before—in a quarter of an hour or twenty minutes the prisoner came with a large cart—I went out in front of the house, and saw them removing something from the large cart into the smaller one—the carmen were each in their own cart—I could not give a description of what it was—it was past, six o'clock, and rather dark—it appeared to be something bulky, about the size of the chest found in the cart—there was nothing else found in the cart but the mats and tarpaulin—when I saw the men moving it, I asked them if they wanted any assistance—they said, "No"—the prisoner then came into the tap-room and had some bread and cheese—Mr. Corrall and Mr. Hudson came, and I told them what I had seen—there was nothing found in the large cart—the smaller cart had come empty to our door.
Cross-examined. Q. How long have you been at this public-house? A. Between four and five months—when the prisoner was taken he said he knew nothing about it, somebody had put it into his mate's cart, and he drove it to the door—I did not examine the small cart when it came—I heard that the prisoner and the other carman were in the employ of Mr. Owen—when the little cart came, the driver came to the front of the bar, and he and I had some gin-and-water, and he went into the tap-room—shortly after Mr. Corrall and Mr. Hudson came upto he was missing—the prisoner said he was gone to look after the man who had this in his cart—I had not the least suspicion of anything wrong—I was not there when the prisoner's cart drove up—I went out immediately after, as it is my business to do—we have a very large
lamp there—it is not so dark as it is at other places—I could not swear what it was they took out of one cart and put into the other—I saw something moved—I could not swear it was not the tarpaulin and mats—some of them are very bulky—they are sometimes bundled up and thrown from one cart to another—I could not swear that it was a chest of tea.
COURT. Q. How did it appear, from its shape and form? A. It appeared something square and heavy.
JAMES CORRALL re-examined. I learnt from the books that the prisoner's mate had been there and delivered butter that day—I saw the tarpaulin; it was only a small one for a cart, not for a wagon—if it had been folded up in any fashion it would not have looked as big as the chest—there were two mats—one slip of the lid of the chest was taken off; the rest was down—if I had seen this chest moved, I should not hesitate to swear whether it was the tarpaulin or the chest—one man could not move this chest so well as two—if a man saw one and the other moved, he could not have any doubt—the weight of the tarpaulin was about 30lb.—the cocoa in the chest is about 84lb., and the chest weighs 3lb. or 4lb.—the prisoner's mate's name is Darby Kelly.
WILLIAM GOODENUS (policeman, M 62.) I was on duty, and was called by Mr. Corrall—I searched the small cart, and found the chest—the prisoner said he belonged to the large cart—I asked where his make was that belonged to the little one—he said he was just gone down the road—I detained him, and we all went to the station.
Cross-examined. Q. Were you with them when they had refreshment on the way? A. Yes—I had a little drop.
COURT. Q. Was the Lord Wellington public-house in the prisoner's way home? A. Yes, but the horses' heads were turned the other way, towards the railway again.
JOHN CARPENTER (policeman, R 84.) I found on the prisoner this receipt for some casks for butter delivered a the South-coast Railway—I asked him who his mate was—he said he did not know him, all he knew him by was the name of Darby—since that I have ascertained his name is Edward Kelly, and he has been known by the prisoner for three years.
JAMES VOLLER. I am a porter at the New-cross station. On 27th Jan., about five o'clock, I recollect a small cart coming, with twenty-five casks of butter—they were discharged, and shortly after a larger cart came, and brought thirty-three—I signed the note, and gave it to the prisoner—I know the man who brought the small cart—that cart left ten minutes or a quarter of an hour before the large one.
GUILTY. Aged 38.— Transported for Ten Years.
GUILTY. Aged 28.— Confined Three Months.
THOMAS BARRETT. I am gunner in the Royal Artillery, at Woolwich. On the morning of 13th Feb. I was at the barrack-room, No. 81—I had a purse, with two sovereigns and two shilling in it, in my trowsers pocket—one sovereigns was a Victoria, and the other an old one—I laid my trowsers on the bed—I turned to the room once or twice, but did not apply to the trowsers for three-quaters of an hours—the purse and money was then gone—I have not seen it since—the prisoner's bed was next to mine.
WILLIAM LLOYD. I am a corporal in the Artillery. I was orderly of the battalion which the prisoner and the prosecutor belonged to—on 13th feb. I went to the barrack-room, 81—I saw the prisoner standing behind Barrett's bed, with a pair of trowsers in his hand—he knew me, and turned quite pale, fancying I had detected him, but I had not—in a quarter of an hour afterwards I heard of this loss—the prisoner was then confined to the barracks.
Prisoner. Q. Can you say the trowsers were not mine? A. Yes—you were on parade—you had your best trowsers on—I examined your knapsack, and found your old trowsers.
WILLIAM PARSONS. I am a private in the Royal Artllery. About eleven o'clock, on 13th Feb., I was in the barrack-room, 81—I saw the prisoner, with Barrett's trowsers in his hand—I saw Barrett's name on them, near the waist—I noticed Barrett's bed—there were no trowsers on it—I saw the prisoner put his hand into the trowsers pocket.
Prisoner Q. Why did you not speak, if you knew I was doing wrong? A. I did not know you were doing wrong—I did not see you take anything out.
EDWARD WRIGLEY (policeman, H 141.) The prisoner was brought to the station—the officer who brought him searched him, in my presence—I saw the prisoner put his hand to his mouth, and heard money rattle—I put my finger into his mouth, and took out a sovereign and a half-sovereign.
JOHN PECK (policeman, H87.) I apprehended the prisoner at the Bee Hive public-house, Commercial-road—he was with some females—I called him out, and said, "Mills, I want to speak to you'—he was reluctant at first—I called him again, and got him outside—I said, "I believe your name is Mills; where is your regiment?"—he said, at Purfleet, and his name was Grant—I said, "That is false, your name is mills, and I apprehend you in the name of Mills"—I took him to the station, and edward Wrigley saw him put the money into his month, and took it from him—I found on him 9s. 6d., and some coppers making all the money but 4 1/2d.—I told him I heard he had changed a sovereign—he said he had.
GUILTY. Aged 20.— Transported for Seven Years.
Before Mr. Common Serjeant.
MR. BALLANTINE conducted the Prosecution.
THOMAS BALCHIN (City policeman, 618.) On the evening of 15th Feb. I met Shirley in Bishopgate-street—I asked him what he had in a bundle. which he was carrying—he said, "Some work"—I asked what kind—he said, "Some water-tight boots"—he said be worked for a shop in Shoreditch, and he was going to take them ta a shop in Westminster—I walked with him.
for about one hundred yards, and at the corner of Widegate-street we met Holland—Shirley said, "Here is my shopmate"—I said to Holland, "Do you, know this man?"—he said, "Yes;" and before I could say anymore, Shirley said to him, "Am I not going to take this work home to Westminister?"—Holland said, "Yes, you are"—I was not satisfied, and asked Shirley to go to the station—Holland said he would follow, and justify his shopmate—I took Shirley to the station—I then went out to look for Holland, and he was gone—I said to Shirley, "Your companion is gone?"—he said, "If that is the case he has let me in a hole; I will tell you all about them; they were taken from the shop of Mrs. Axtell, in High-street, Woolwich, and I wish you to look after Holland, to take the blame off me"—I found these two pairs of boots in the bundle.
JAMES AXTELL. I am the son of Ann Mary Axtell, a boot and shoemaker, at Woolwich. The prisoners were both in her employ—they worked on the premises, and were paid for their work—they had no right to take any work off the premises—I saw these boots when shirley brought them in—he made one pair, and Holland made the other—they are my mother's.
JOSEPH ALDERMAN. I am foreman to Mrs. Axtell. These boots are her's—I paid shirley for this pair for Holland, on Saturday night, and he took them to Holland to drive the nails down in the toes—that was no the premises—I missed them on the Tuesday following, when the policeman brought them—both the prisoners were at the shop on Monday.
Holland. Q. Had not I on Saturday made two pairs, and did not you pay Shirley for the two pairs? A. Yes, I recollect I sent this pair back by Shirley for you to alter—I was with you on Sunday morning, in the shop—I did not then mention anything to you about these boots.
Holland's Defence. On the Saturday night I said to Shirley, "Take these two pairs into the shop," and he did so; there is a dark passage to go along, and I met Shirley in that passage; he said to me, "Here is the money for the two pairs of boots;" on the Tuesday following Shirley understood I was coming to London, and came with me; he had a parcel with him; I know nothing more; the officer went to my lodging and found nothing more.
SHIRLEY— GUILTY. Aged 17.— Confined One Month.
HOLLAND— GUILTY. Aged 30.— Confined Six Months.
MARGARET DENISON. I am the wife of John Dension, a labourer, of Woolwich. On Saturday, 26th Feb., about twelve o'clock, I saw two blankets safe on my bed up stairs—the prisoner slept in the house on the 24th and 25th—he went out about ten on the morning of the 26th—I went out between twelve and one to market, came back about a quarter to two, and missed the blankets—the prisoner came in about nine at night, drunk—I asked him where he had taken the blankets to—he said he had not taken them—I sent for a policeman and gave him in charge.
JOHN WALKER (policeman.) I took the prisoner into custody, on suspicion of stealing the blankets—he said he knew nothing about it—I searched him, and found this duplicate which relates to the blankets.
MRS. DENISON re-examined. These are my blankets.
Prisoner's Defence. I was not near the house from a quarter-past nine till half-past two; I never took the blankets.
GUILTY. Aged 39.— Confined Three Months.
Before Mr. Justice Erle.
MESSRS. BODKIN and CLARK conducted the Prosecution.
CALEB EDWARD POWELL. I am assistant-solicitor to the Mint. I produce a copy of the Record of Rachel Tustin's conviction at this Court—I have examined it with the original—it is correct—(read—Convicted June, 1845, and confined six Months.)
JOHN TURNER. I keep a beer-shop, in Diamond-row, Camberwell. On Friday, 11th Feb., about six o'clock in the evening, the prisoner came there, asked for half-a-pint of beer, and paid me with what I considered to be half-a-crown—I looked at it with some attention before I decided on taking it, and compared it with another half-crown in the till, of Geo. Iv.—the one she gave, was a Victoria—I am positive there was no other half-crown in the till—I decide on taking it, and gave her 2s. 5d. change, and the left—I placed both half-crowns in the till—I was in the bar from the time I took the half-crown, until the place was closed—I went out twice during the evening, with some beer to customers—I was not away above a quarter of an hour—I left my wife and daughter in the bar—they are here—when the place was closed, I took the money out of the till, and put it into a cash-box to take it up stairs—I then found two half-crowns in it—I recognised them each as the same I had seen before, the Geo. IV., and Victoria—I had taken no other—next morning I brought the cash-box down, left it in charge of my wife, went out about nine or ten o'clock, and returned at night—I saw the Victoria half-crown again, on the Monday, in Mrs. Thorpe's possession—the prisoner came again on Wednesday—I was in the room behind the bar, and saw her—my daughter brought me a Victoria half-crown—I went into the bar, and told the prisoner it was a bad half-crown, and that she had passed me another bad obe last week—she said she did not, she was not aware this was bad, she had taken it the night before of a gentleman—I then sent my daughter, who brought Mr. Thorpe, and the other half-crown—a constable was sent for, and the prisoner was given in charge, with both the half-crowns, to Boxall, the officer—I marked them first—theses are them (produced.)
Prisoner. Neither the prosecutor, his wife, or daughter, could swear to me at the station; and at the Police-office the prosecutor said, "I am positive it is the woman." Witness. I said no such thing—I accused her of passing the former half-crown, and said it was no use to deny it, because I could fetch a person who was there at the time she passed it, and could identify her—she came out, as she was there then, and knew her directly.
SARAH ANN TURNER. I am the daughter of last witness. On Friday, 11th Feb., the prisoner had half-a-pint of beer at our house—I saw her lay down a half-crown in payment—I did not see where my father put it—I did
not take any half-crown that night after the prisoner had given that one—there was no one beside me and my father serving—my mother was not at home—on Wednesday, 16th, I was at the bar, and the prisoner came again—I recognised her—she asked for half-a-pint of beer, and gave me half-a-crown in payment, which I took to my father—he came back with me to the bar, and told the prisoner she was the same person that came on the Friday night—she said she never was in the house before—I then went to Mr. Thorpe's which is opposite, and in the same street, and Jame Thorpe gave me a half-crown, which I gave to my father.
HARRIET TURNER. I am the prosecutor's wife. On this Friday I went out with my daughter—on Saturday morning my husband gave me the cash-box, and he went out for the day—Mr. Thorpe came in the morning, and I gave him change for a sovereign from the cash-box—there were two half-crowns, one a King, and the other a Queen Victoria—Mr. Thorpe's daughter brought back a half-crown shortly after—I then perceived it was bad—she took it back to her father—it was brought back to me again—I made no mark on it—there was no money put into the cash-box on the Saturday after my husband went out, before I gave Mr. Thorpe the change.
JOHN THORPE. I live in Brighton-place, Camberwell. On Saturday, 12th Feb., Mrs. Turner gave me change for a sovereign—there were two half-crowns amongst it—I gave them to my daughter, Jane Sarah Thorpe.
JANE SARAH THORPE. On Saturday, 12th Feb., my father gave me two half-crowns, one a King, and the other a Queen—I laid the King one, out next door, and took the Queen to Mr. Hayward's, a grocer, and offered it in payment there to Mr. Martin—he rubbed it, and bent it, to see if it was good, and gave it me back—I took it to my mother, who put it into a cupboard, against the fire-place, in the parlour—I saw her take it out about half an hour after she gave it me—I took it to Mrs. Turner's and showed it to her—I then brought it back to my mother—on Wednesday, 16th Feb., Miss Turner came for me—I saw my mother take the half-crown from cupboard—she gave it to me—I gave it to Miss Turner—the cupboard was locked.
ELIZABETH THOAPE. I am the mother of the last witness. I recollect her going to Hayward's on 12th Feb.—she came back and gave me a half-crown—as soon as we looked at it we saw it was bad—she took it to Mrs. Turner, brought it back, and I put it into a cupboard till my husband came home—I locked the cupboard, and kept the key myself—I showed it to my husband in the evening, and he took it over to Mrs. Turner's, brought it back, and I locked it up in the cupboard again—on the following Wednesday Sarah Ann Turner came—I unlocked the cupboard, took out the half-crown, and gave it to my daughter—it had been locked up ever since the Saturday, and I had the key.
JOHN THORPE re-examined. On Saturday evening my wife gave me a half-crown—I took it over to Mrs. Turner, and showed it to her—I then brought it back, gave it to my wife, and she put it into the cupboard.
HENRY BOXALL (policeman, P 101.) On 16th Feb. I was called to Mrs. Turner's, and took the prisoner—she was charged with uttering a counterfeit half-crown—she made no answer—two half-crowns were given to me, one then and the other at the station, by Mr. Turner.
J. W. TURNER re-examined. I gave Boxall the same half-crown that I received from Thorpe, and it was the one the prisoner gave me.
MR. POWELL re-examined. These half-crowns are both counterfeit, but of different dates.
GUILTY. Aged 36.— Transported for Ten Years.
Before Mr. Justice Erle.
MR. BODKIN conducted the Prosecution.
MARY ANN FITZMAYER. I am the prisoner's wife—we have been married six years last Nov.—he is a landing-water, at the Custom-house—we have one child—my husband has been absent from the Custom-house three months, in consequence of infirmity of the brain—he holds his commission still. On 21st Jan. we were at his mother's—we slept there the night before—we took him to Bethlehem Hospital, about ten o'clock, as a patient, but he was refused admission, on the plea of permanent insanity, arising from paralysis of the brain—we came back to his mother's between eleven and twelve—he appeared quite deranged that day; he was quite wandering in his mind—he said he thought there were two people in the street who wanted to injure or arrest him, and that he heard people talking to him through the wall—he has been of very weak mind ever since I knew him, and has been subject to paroxysms of this kind for some time back—I have been obliged to call in the police, in consequence of his wildness and violence—I left the room, came back, and found him about to go out—I said, "Where are you going, my dear? What is it you want? don't go out, but wait till Mr. Otway comes"—he said, "I don't want to stop here; I want to go back to that place" (meaning Bethlehem)—I asked him to wait till Mr. Otway came, and he should be taken there—he said, "You must have me confined; for I don't know what I do when these fits come on"—I again asked him to sit down till Mr. Otway came—he sat down—Mr. Otway did not come—he got rather impatient—I said I would put on my bonnet, and see if I could find him—as I was rising, he put his hand on my arm, gently pressed me into my seat, and said, "No, do not go yet; stop a bit"—I spoke to his mother about getting a lodging, where he could be taken care of—she gave me a signal to look at him—his hear was down on his breast, and he was frowning very much; his eyes were almost shut—I asked him if he would lie down, and try to go to sleep—he said, "No"—he peeped round, facing the table, and began gnawing his glove—I told him not to do that, and turned to answer a question his mother put to me—she screamed, and he put his left arm round my waist—he had a knife in his hand, and tried to cut my throat, or my bosom—I said, "Oh! what are you going to do? you would not hurt me? you would not murder me? think of dear Charley?" that is my child—I do not think he answered—he still attempted to cut me—I was holding his arm, and my hand slipped from his fist on to the knife; I caught hold of the blade—he turned it first one way, and then another, and cut me severely—his mother was assisting me—he threw her down, leaving the knife in my hand, and I dropped it—he still had hold of me—his mother screamed again, and I saw that he had another knife—he endeavoured to stab me in the bosom with it—I put up my hand, it cut my thumb—we struggled—his mother got up, and threw herself on him, which overbalanced him—he staggered over the chairs, and I fell to the ground—he was about to repeat the blow with the knife—some one rushed into the room, and he was secured—he had only had a glass of ale that day—he was always very kind to me when in his right senses—he had been drinking to excess the Saturday before, but not that week—Mr. Lingham was our landlord—we had lived in his house about three
months—he is married; his wife lives with him—I had no acquaintance with him—my husband never mentioned his being improperly acquainted with me until he had these delusions—the Tuesday before was the first time he had intimated anything of that kind—he then said a man told him something through the wall.
Cross-examined by MR. PARRY. Q. Had he a gathering on his head? A. Not before this—I understood he had at Horsemonger-lane gaol, and that it burst—I visited him there.
HENRY SAMYEL SEARLE. I am a surgeon, and have attended the prisoner nearly two months before this took place—he was labouring under an impaired state of his brain—I signed a certificate of his being insane, for the Custom-house, to account for his absence—on the Wednesday before this happened, his wife came to me, and said he had been in a state of insanity all night, and they had been obliged to have two or three policeman in the house—I advised his being taken to Bethlehem Hospital—I not living in the parise, my signature was not available, but I recommended Mr. Hicks to go with him—I saw him two mornings before this happened, and believed him to be labouring under confirmed insanity—I left a pair of hand-clasps to secure him if he contained violent—I flattered him in all his delusions, and he got quite clam before I left the house—I expected violence, and ordered his wife not to have any razors or anything about.
JAMES HICKS. I am a surgeon. I accompanied the prisoner to Bethlehem on the day this attack was made—he was not admitted—he appeared decidedly insane—one of his delusions was wanting me to open his head, and take something out of it.
NOT GUILTY , being insane.
Before Mr. Justice Coltman.
CHARLES TAYLOR. On 7th Feb., about half-past ten o'clock at night I had a cart and horse in my stable—I missed them next morning, at a quarter or half-past seven—I found the cart and harness at eleven that day, in St. George's-market—the horse had been let out at hal-past eight at night—I found the cart and horse in Stamford's, a dealer's possession—I knew the prisoner by sight, by his passing the door.
CHARLES LIGLEY. I am servant to Mr. Taylor. I put up the horse on the night of the 7th at my master's stable—the prisoner was there, and I asked him to lend me a hand to above in my cart—he did so—he asked what time I should be there in the morning—I said about six or half-past—I west to the stable next morning about half-past seven, found the lock prized open, and the horse, cart, and harness gone.
JAMES PAGE. I saw the prisoner on 8th Feb., about half-past five o'clock in the morning, standing against the stable door at the end of Dale-street—be said, "Will you be so kind as to lend me a hand out with this cart? it is a bad place, I cannot get it out by myself"—I did so—there was no horse in it then—he walked into Mr. Taylor's stable, and I went on with my business.
EDWARD STAMFORD. On 7th Feb. the prisoner came to me, and stated that his master had got a cart to sell; that he had some money to make up for a loan—I desired him to go and fetch the cart and his master too—be went, and returned in about an hour and a half, and stated that his master had lent the horse and cart to go to St. Mary Cray, and that I could not see it before ten o'clock at night—I asked who his master was—he said he
lived at 47, Devonshire-street, Kennington; the name of Davidson, I think he said—I offered to meet him and his master at his place, and he said, "We will meet you at the bottom of Devonshire-street, at the Anchor and Hope, at nine to-night"—it was a wet night, and I did not go—he came to my place next morning, brought the horse and cart, and said him and his master had waited there till ten last night, and as I did not come his master had sent him to sell it"—I bought it for him for 5l., and gave him 2s. for himself—this is the receipt (produced)—he wrote it in my presence, and signed it "Edward Martin"—Mr. Taylor happened to come that day with a friend that serves me with corn, and there saw his cart standing at my place, and claimed it—I never saw he prisoner before, to my knowledge—I do not suppose the horse and cart would fetch more than 6l. in Smithfield.
CHARLES TAYLOR re-examined. My name was not on the cat—I had it of Mr. Charles Denny, in the New-cut—his name was on it when I had it—I had a new pair of shafts put on, and that took the name of "Denny" out, leaving only "Charles," and as my name is Charles, I intended to have my own put on it—I valued the horse and cart from 12l. to 14l., but it might not have sold for so much—I have been offered 5l. for the cart several times, but I wanted 7l. for it—the horse is worth 5l. or 6l.
DENNIS DONOVAN (policeman, L 48.) I took the prisoner on the 15th—I said, "I want you to come to the station for stealing a horse and cart of Mr. Taylor"—he said, "It was not me; I know nothing about it."
Prisoner's Defence. I went to this market on the 6th or 7th, and saw a man taking a donkey and cart into a place; I asked if there was nor the name of Batley there; he said no, but there was a man named Stamford; I asked if he brought horses and carts; he said, "Yes," and I went there and asked him to buy the cart; he said he would if there was anything hanging to it; he was to meet me about it at night, but did not come; I went to him next morning and asked him 7l. 10s. for it; he gave me 5l. and 2s.
GUILTY.* Aged 17.— Transported for Seven Years.
Before Lord Chief Baron Pollock.<