CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 3RD, 1848.
MINUTES OF EVIDENCE,
Taken in Short-hand
33, Southampton-street, Strand.
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
COUNTRY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION.
CENTRAL CRIMINAL COURT,
Held on Monday, April 3rd, 1848, and following Days.
Before the Right Hon. JOHN KINNERSLEY HOOPER, LORD MAYOR of the City of London; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir William Erle, Knt., one other of the Justice of Her Majesty's Court of Common Pleas: Sir Peter Laurie, Knt., Charles Farebrother, Esq.; Sir Chapman Marshall, Knt., Sir William Magnay, Bart., Michael Gibbs, Esq.; and John Johnson Esq.: Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Sir James Duke, Knt.; Thomas Farncomb, Esq.: William Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, 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, Judges of the Central Criminal Court.
THOMAS FRANCE, Esq., and DAVID WILLIAMS WIRE, Esq., Under-Sheriffs.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HOOPER, MAYOR. SIXTH 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, April 3rd, 1848.
PRESENT—Sir CHAPMAN MARSHALL, Knt, Ald.; Mr. RECORDER; Mr. Ald. FARNCOMS; Mr. Ald. MUSGROVE; Ald. CHALLIS; and Mr. Ald. FINNIS.
Before Mr. Recorder and the first Jury.
GUILTY.** Aged 14.— Confined One Year.
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor.— Confined One Month.
GUILTY. Aged 41.—Recommended to mercy by the Prosecutor.— Confined One Month.
JAMES ROSE (policeman, T 228.) On 30th March, I was on duty at Stanwell—I went into Mr. Parrott's farm-yard, and saw a truss of hay—the prisoner took it, put it into his cart outside the gate, and went towards London with it—I stopped him about three hundred yards off, and asked what he had got; he said, "A truss of hay and two piece"—I said he had got a truss more than was allowed, and be must go back with me to his master—I took him back—he had two trusses and a half.
Cross-examined by MR. CHARNOCK. Q. Did you know what he was allowed? A. Mr. Parrott had told me—I did not weigh it—he went back willingly—he had three horses.
there was then nearly a truss and a half left—I did not weight it—he said he knew he had taken more than he was allowed, because the other was put into the cart the night before—he had between 40lbs. and 50lbs. weight more than he was allowed.
Cross-examined. Q. Where was he going? A. To London—he would be out from two o'clock in the morning until six next afternoon—he had no corn—I believe my horses do not get what I allow them—I have other ostlers.
WILLIAM KELLY. I am master of the Belinda, lying in the West India Docks—I shipped the prisoner at Kallio, in America, and gave him the use of a bed on board—on 25th Feb. we arrived in London—I discharged him on 14th March—on the 17th I missed a mattress which had been lent him, and a quilt, pillow-case, blanket, and sheet—I did not give him any of them—they belong to the ship, and were not mine—these are them (produced.)
Prisoner. I understood they were mine; I never made away with them; directly the captain missed them, he went into the Export Dock and got them; he had told me not to buy a bed, or I should have bought one. Witness. It is a rule at the Consul's establishment that no man is to have more than sixteen dollars at once—the prisoner said, unless he got another sixteen dollars he would not go—I advanced him eight dollars and a half—he said he had not got a bed; he had not the means of buying one—he had no shoes to his feet.
ALEXANDER BARR. I am mate of the Belinda. I shipped the prisoner at Kallio—he left on 16th March, and took his things away—I did not see him moving a bed—I missed it on the 17th—it was part of the furniture of a passenger's berth, which he used—he called me to look at his box, to see if everything was right—I did so—there was nothing belonging to the ship in it—it is usual for sailors to provide themselves with beds.
ROBERT TAYLOR I am a constable of the East and West India Docks—I received information, and stopped the prisoner going into the Import-dock—I said he was charged with stealing a bed, and other things, from the Belinda—he said, "I did not steal them; when the captain comes, he will settle it"—I went with Barr to the forecastle of the Panama, and found these things—we got them out, and the ship sailed next day.
Prisoner's Defence. The captain gave me a bed, and I thought it was mine when I was paid off; I took it openly.
GUILTY. Aged 27.— Confined One Month.
ELIZABETH CHITTON. I am the wife of Henry Chitton. The prisoner lived next door to us, and was in the habit of calling at the house—on 12th March I missed some handkerchiefs from a box in my bed-room, also a doll; and a pair of gloves—I have seen five of the handkerchiefs since—I left the prisoner alone in the house on one occasion—the things produced are mine—they have no mark—I have had them a good many years—they were clear when lost—I told the policeman what I had lost—I have no doubt of them—I know the shawl by an ironmould.
MARY ANN BEAZLEY. I live at Iver, and was acquainted with the prisoner—about five weeks ago he gave me this shawl, doll, and gloves (produced)—I was not going to be married to him—the policeman came to me—I gave them to him.
Prisoner's Defence. I bought the things of a man who lives in Petticoat-lane; Mrs. Chitton told me the things were very much like her's, but she would not like to swear to them.
RICHARD ROADKNIGHT (police-sergeant, T 11.) I produce a certificate—(read—John Fletcher, convicted May, 1846, and confined nine months.)—the prisoner is the person—he was also convicted in 1844, and had one month.
GUILTY. Aged 20.— Confined Two Years.
986. THOMAS BRILL and HENRY STARE , were indicted for a burglary in the dwelling-house of Martha Bray, at Harefield, and stealing therein 80lbs. weight of bacon, 1 copper plate, 2 snuff-boxes, 1 knife, 3 baskets, 1 cloth, and 1 apron, value 3l. 2s. 6d., her property; Brill having been before convicted.
MR. CLARKSON conducted the Prosecution.
MARTHA BRAY. I live at New-Year's-green, in the parish of Harefield. On Thursday night, 2nd March, I went to bed about ten o'clock—I fastened up all the doors, windows, and shutters—there were no shutters to one window—a lad who lived in the house went to bed at the same time—I had two flitches of bacon in the dairy, which is part of the house, and a copper plate and two snuff-boxes on the mantel-shelf, and a large hog-knife on the kitchen table—I got up next morning at a quarter-past six-the front door was open; the window, which had no shutter, broken; and an iron bar pulled out—there were shoe-marks under the window—I looked into the dairy, and missed rather more then half of each flitch of bacon also the knife, the snuff-boxed, and some cloths to cover the bacon—I have seen the things since—they are mine—Brill is my brother's son—he had lived at Harefield but was not much acquainted with me—he has lived in London lately—I do not know Stare.
WILLIAM MAYHEW. I am in the service of Mr. Shackell, of Pole-hillfarm, about six miles from Mrs. Bray's. On 3rd March, about seven o'clock in the morning, I was looking out at the loft window, and saw the prisoners coming across the fields from Harefield way—each had a basket—Brown was in the farm—I called him, and we followed the prisoners—they turned back into my master's grounds, and then came into the yard with us—I looked into the baskets—there was some bacon, a copper plate, and other things—we kept them, and sent for the police—Brill put his hand into his bosom and threw something over the hedge—Hazel and Inspector Cook came—I told them, and they found this jemmy (produced)—the prisoners knew we had sent for the police.
Brill. I never had that iron. Witness. What he threw away was like this—it was like a piece of black pipe.
WILLIAM HENRY BROWN. I work with Mayhew. I saw the prisoners crossing a meadow at Pole Hill, in a direction from Harefield to the London-road—both had baskets—they afterwards came back into my master's grounds—we examined the baskets—they contained bacon and other things—we
sent for the police—they came—I went with them, to trace the footsteps—we traced them across the fields, all the way to Mrs. Bray's—it took us three hours—the ground was moist—I noticed the impressions the prisoners' feet made, and measured them with the other impressions, they corresponded exactly—we found a third basket, with butter in it, covered with leaves, in Mr. Meeking's thicket, at Hillingdon, about three-quarters of a mile from where we stopped them.
GEORGE DOUGLAS HAZEL (policeman, T 104.) I was sent for about half-past seven in the morning of 3rd March, to Pole Hill-farm, and found the two prisoners with Brown and Mayhew—I found on Stare this basket, containing six pieces of bacon and this copper-plate—I asked where he got it—he said, from his own home, at Harefield—I believe he lives somewhere in Westminster—this tea and sugar, this card, the three of hearts, and this skeleton key I found in Stare's pocket—on Brill I found this basket, containing six pieces of bacon and two brass snuff-boxes; and this knife was given me by Brown, as found in Brill's basket—Brill stated that he got the property from his own home, at Harefield—he does not live there now—I saw inspector Cook find this jemmy, on crowbar in a spot where the witnesses said something was thrown—I took them to the station—I afterwards saw Inspector Cook find this third basket, containing eight pieces of bacon—I saw footmarks across the fields, for about four miles, leading up to Mrs. Bray's house, and Brill's footsteps were traced in her garden—I noticed the impressions his feet made in walking before I traced them.
EDWARD COOK (police-inspector.) One of the witness called my attention to Brill having thrown something away like a black pipe—I went to the spot, and found this crowbar exactly over the hedge—I accompanied the other witnesses in tracing the footsteps—we traced them upwards of four miles, up to the prosecutrix's cottage—in a spinney or thicket I found this third basket, covered over with leaves—I afterwards took the contents of the three baskets to the cottage, put all the pieces of bacon together, and with the remaining pieces which were left behind, they made up the two flitches quite complete—I have no doubt these pieces came from those flitches—I have been a butcher—I examined the window, it was broken, and there were marks of its having been prised open by an instrument—they exactly corresponded with this crowbar—that would enable them to get in—the nearest footstep to the cottage was right under the window.
MARTHA BRAY re-examined. I know it was a quarter to six when I got up, I have a clock in the house—this is my bacon—I saw it all matched—this three of hearts was in the window where the prisoners got in—this copperplate stood on the mantelpiece, I have had it for years.
RICHARD HENRY BOWER. I am clerk to Messrs. Richie and Woodbridge, solicitors, of Uxbridge. I produce a certificate of Brill's former conviction—(read—Convicted June, 1838, and transported for seven years)—I was present at the trial. and know him to be the person.
BRILL— GUILTY. Aged 48.— Transported for Ten Years.
STARE— GUILTY. Aged 28.— Confined One Year.
987. WILLIAM HENRY PLASKETT , feloniously forging a receipt for payment of 7s. 10d.; also, one other receipt for payment of 7s. 10d., with intent to defraud Thomas Prentice Rutt and others; to both of which he pleaded.
GUILTY. Aged 20.—Recommended to mercy.— Confined Six Months.
EDWARD BARROW. I am a parliamentary reporter. On 29th March, about a quarter to three in the day, I was in Cheapside, and found the prisoner's hand in my pocket—he handed my handkerchief to a person—it was thrown on the pavement—this is it (produced)—I am sure it was in the prisoner's hand—I took him.
GUILTY.** Aged 21.— Confined Nine Months.
NEW COURT—Monday, April 3rd, 1848.
PRESENT—Mr. Ald. FAREBROTHER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fifth Jury.
GUILTY. Aged 21.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
THOMAS ELLIS. I am a linen-draper, at Uxbridge—the prisoner was my housekeeper. On 24th March I received information from Foster, my servant; and in presence of Roadnight, accused her of entering my shop between seven and eight o'clock on the previous Sunday evening; she denied it, but subsequently acknowledged it—I had not told her it would be better to state the truth—I held out no inducement to her, nor did Roadnight—she said she had been in the shop, that she smelt fire, and got into the shop by a key she had found—I asked what she had done with the key—she said she place it where she found it—I told my foreman to go with her and let her produce the key—he went—I then asked her what goods she had taken from the shop—she denied taking any—I mentioned a table-cloth, table-cover, six cambric handkerchiefs, and some calico and flannel—she denied taking them—I then asked her what she had done with those things that were seen—she said, "I confess I have taken them unknown to you"—I asked what she had done with the tickets of the goods—she said, "I have burnt them"—the officer searched and found these articles—this silver caddyspoon is mine—these cambric handkerchiefs bear my private shop-mark.
Cross-examined by MR. BALDWIN. Q. Did she live in your house? A. Yes—the shop communicates with the house by a door in the passage—you can get into the shop without going into the street—the goods produced were not present at the time of this conversation—I had not seen them before I made the charge to her—if goods of this sort are sold we do not rub the mark out.
MR. CLARKSON. Q. Do you live at the house? A. No—the shop was locked up and secured—a person occupying the house would have no occasion or night to go into the shop.
house but the prisoner—I went, returned about ten minutes to eight, before I was expected, and found the shop-door that leads into the passage wide open—it was shut when I went out—there was a light in the shop, and one on the top of stairs—I went into the kitchen and heard the shop-door shut, and a person go up stairs—I was not aware that there was more than one person in the house—I went up stairs, and saw a light in the prisoner's bedroom—next morning, a little after eight, I found a table-cloth, table-cover, some flannel, and cambric handkerchiefs, in a dirty sheet, in a clothes-basket, in a room adjoining the bedroom—the next evening I communicated to Mr. Ellis what I had found—they were such articles as these—the prisoner was in the habit of giving me leave to quit on Sunday evening.
Cross-examned. Q. What time had you leave to go out? A. A little after seven o'clock—I usually came back about ten—I found nothing that evening—I did not speak to the prisoner before I went to bed—I did not mention to her that I had seen the light in the shop—I did not see who was in the shop—when I went up stairs I passed the shop—there was no light in it then.
RICHARD ELLIS. I am Mr. Ellis' foreman—I locked the shop up on Saturday 18th March, kept the key, and opened it again on Monday morning—if any one got in during that time it must have been by another key—the prisoner had no right in the shop, either with or without a key, in my absence, nor any other person in the house—we have similar articles to these, but the marks being off I could not swear to them—theses handkerchiefs have the mark—I cannot say when I saw them last—I was out all day on Sunday—it is the shopmen's custom to be out on Sunday.
RICHARD ROADNIGHT (police-sergeant.) On 24th March I went to Mr. Ellis'—he sent for the prisoner, and asked her what business she had is the shop on Sunday evening—he die not make her any promise, nor did I—she said she was not there—he said he had evidence to prove she was there, and asked what she had done with the things she took away—she said she had not taken any—he said he would call the servant who would prove she had—she then said she had taken them—she said she smelt fire, and got into the shop with a key she found up stairs—he said he should give her into custody—I asked her if she had anything in her boxes belonging to Mr. Ellis—she said she had not—in her box, in her bedroom, I found this silver caddy-spoon, she said it belonged to Mr. Ellis—in a clothes-basket, in an adjoining room, I found this table-cloth; and in a drawer, which she kept the key of, this table-cover, handkerchiefs, and flannel—she said they were the things she had taken on Sunday night.
GUILTY. Aged 47.— Confined Four Months.
MESSRS. BALLANTINE and WILDE conducted the Prosecution.
HENRY DYKE. I lodge at a coffee-shop, in Love-lane, Ratcliff. On 26th Feb., about nine o'clock at night, I was by the wall of the London Dock—I saw a cab come up, with no one in it—two persons were walking on the pavement—the cab stopped under the dock wall, on the opposite side to me—it stopped about ten minuted—some one sing out, "Ho!" and I heard something heavy fall off the dock wall—I looked up and saw a person on the dock wall—the two men took up the parcel, put it into the cab, and it drove off up Gravel-lane—I told a policeman the same night.
Cross-examined by MR. PAYNE. Q. When did they find you out? A.
On the Monday or Tuesday—I went before the Magistrate on Wednesday—I was talking to a person about thirty yards from where the parcel fell—I did not go after the cab—I went to the dock on Tuesday morning—Mr. Clements came, and told me it would be good for me to come—I had been employed at a greengrocer's; since then I have been employed at the docks, and have half-a-crown a day—they have taken me into the docks, in consequence of my behaving well in this matter, I believe.
JOHN LEWINS. I am an Excise-officer. On Saturday evening, 26th Feb., about eleven o'clock, I was in Russell-street, Bermondsey—I saw a man with a large bundle on his back, crossing the street—I put my hand on the bag—it was hard—he threw it off, and knocked me down—it contained 103lbs. of leaf tobacco—I took it to the warehouse, in Broad-street, and found two grains of Indian corn in it.
WILLIAM CLIFFORD. I am a labourer in the London Docks. On 26th Feb.1 left work at four o'clock—I left my smock-frock and an old waistcoat hanging up on a clothes-rack, at the bottom of the east quay—there were no biscuits in the waistcoat pocket.
JOHN CLEMENTS. I am a constable of the London Docks. I received information on 26th Feb., and went to the east-quay tobacco warehouse, the side of which forms the boundary wall of the dock, and one side of Broad-street—the place Dyke describes is near the boundary wall—I went on to the roof, and noticed one of the sashes of the lantern-light, next to Broad-street, open—I had a light—I saw marks of a person having come out of that window, and there were finger marks on the slates leading form the window to the gutter—there was a timber partition in that warehouse—any person could have got from the warehouse to the lantern-light by means of the tobacco hogsheads—they had the bond mark, and were under the Queen's lock, being in the Custom's possession—there were 16,000 hogsheads there—two of them had been broken open in No. 1 division, about thirty yards from the light, which was fastened with a cord inside—a person in the warehouse could have opened it by untying the cord—it had been untied—on a pile of hogsheads immediately under the light, I found part of a trowsere brace, a brace button, a piece of soda biscuit, and a rope long enough to reach from the roof to the hogsheads and haul up a package—I found on the Monday another hogshead had been opened—about 90lbs. of tobacco had been taken from one, and from the three hogsheads about 4cwt.—I after wards saw the prisoner in charge—I asked his name—he said, "James Ryan"—I asked why he was in the warehouse—he said he came to sleep—no person had a right to be there—he was not known as a labourer there—I examined him in the warehouse—he wore braces corresponding with this piece; there was a button off the front of his trowsers, the other buttons corresponded with this—I asked where he got the soda biscuits which were in his waistcoat pocket—he said they were ill the pocket when he put it on the night before—he did not say how he came to put on other colthes—he showed me a hole, through which he said he got into the warehouse, near which were some boxes of soda biscuits—one of them had been broken open and was deficient—the sample of tobacco found agrees with that in the hogsheads—I said to the prisoner, "There was a robbery committed in the warehouse this day fortnight, and you ware seen coming out of the warehouse on the Monday morning, as soon as it was opened, you were spoken to, and asked if you worked there, and you said you did"—he made no answer—in going to the east quay to get his own clothes which he had left there, I said to him, "You are know here;
you were stopped in July with some tobacco, for which you had a month"—he made no answer—the warehouse was locked—he could not have got in or out except by the hole—the wall is forty feet high.
Cross-examined. Q. How long have you been employed at the docks? A. Thirty-five years—I am not aware that I did wrong in stating things to him to hear what he would say—this tobacco is cut at the end, which it is sometimes, but it is not a common thing.
THOMAS BADNALL (policeman, H 190.) I went into the warehouse with Mr. Clements, on the Sunday morning, and found the prisoner lying under the desk, in a landing waiter's box—he had a waistcoat on, with this biscuit in the pocket—some dock Company's papers were found on him—I found one peace of a brace of the same sort as the other piece—he afterwards said if I would take him down to where his own clothes were, he would show me where he got into the warehouse—I took him there, and he pointed out the place where he got in from the east quay warehouse—it was a small hole—there was a ladder there.
Cross-examined. Q What was it? A. Against the partition in the east quay warehouse, which contains sugar—there is a partition between that and the tobacco warehouse.
ROBERT THOMPSON. I am foreman in the east quay shed. On the morning of 28th Feb. I saw a soda biscuit-box, No. 209, broken open—when it was landed it weighed 1 quarter 15lbs.—it was weighed again, and was 1 quarter 121lbs.—the biscuits found on the prisoner are of the same kind as those in the chest—we have a great many of them in the dock—I had used this rope on Saturday night—I left it near the hole—it was gone on Monday—the ladder was in the shed in the dock, but outside the warehouse.
WILLIAM TWEEDY. I am foreman of the east quay tobacco warehouse. On May, 28th Feb., I found some tobacco had been plundered—the deficiency out out of one cask was 93lbs.—I cannot say what the whole deficiency was—I left them on Saturday night all safe—if any had been broken I should have seen it—I produce a sample of tobacco from the warehouse—it is as near like this found in the bag, as possible—in my judgment they are precisely the same—it is worth about 4s. 6d. a pound, including duty.
Cross-examined. Q. What is it worth without the duty? A. It various from 2 1/2d. to 8d. a pound—it could not leave the dock till the duty was paid.
GUILTY. Aged 27.— Transported for Seven Years.
GUILTY. Aged 18.—Recommended to mercy by th Prosecutors.— Confined Twelve Months.
WILLIAM STRACHS (police-sergeant, N 27.) On Wednesday, Match 1st, about half-past three o'clock in the afternoon, I saw Jervis come from the King's Head-yard, Kingsland-road, with a bag on his back, which appeared heavy laden, and bulky—a wagon was in the yard—I followed him, and found from that it was potatoes—I said I should take him to the station—he went to the yard, pointed out the prisoner, and said he had bought them of him—the prisoner said he had not—Jervis said, "It is no use your telling a
falsehood about it, I brought them of you, and gave you 3s. for them"—the prisoner denied it—I took them both to the station, and the potatoes—I then went to Mr. Knight's, at Edmonton—in about five hours I returned, searched the prisoner, and found 2s. and some halfpence on him.
JAMES JERVIS. I live in Acton-street, Kingland-road. On Wednesday, 1st March, I was sent for to the King's Head-yard, about half-past three o'clock—I saw the prisoner there, and bought the potatoes of him for 3s.—I had seen him before, up and down the road.
Cross-examined by MR. MELLER Q. What are you? A. A labourer—I have not had constant work for some time—I was out of work then—I through I paid the full value—there were other persons in the tap-room—the prisoner did not ask any one but me to buy any—I have been carting coals—I cannot tell how long I was employed in the winter—I did not give a number of answers to the policeman—when I went back to the public-house, I did not see any of the people; I did not go into the tap-room, the prisoner was just coming out—I have not been in the habit of giving information to the police—the prisoner said he had not sold me the potatoes, he had given them to me.
THOMAS BUTCHER. I am a deputy fruit-meter, of the City. On Wednesday, 1st March, I was on duty at Cotton's-wharf, Tooley-street, weighing potatoes for Mr. Lyall—I weighted forty sacks, containing 168lbs. each, for Mr. Knight—the weight was correct.
ARTHUR KNIGHT. I believe with my father, Thomas Knight, a farmer, at Edmonton—the prisoner was his carman. On Wednesday, 1st March, I sent him to Cotton's-wharf, to bring home three tons of potatoes—I went there, stood by the ship, and saw the potatoes weighted and put into out wagon—there were forty sacks, with one hundred weight and a half in each—the prisoner was to drive—the wagon was brought home between seven and half-past seven o'clock by the policeman and another man—I was at home, and from what the policeman said I weighted them, and found them between 40lbs. and 50lbs. short.
Cross-examined. Q. Was there another man sent with the wagon? A. No—the prisoner came with a good character—I have never found him in any felonious act before.
MR. WILDE conducted the Prosecution.
WELTER SHEPPARD (City policeman, 96.) On Sunday morning, 5th Mar., at half-past two o'clock, I stopped the prisoner coming out of No. 5, Queen-street—she said she said she had been to see a friend—I was satisfied—I observed something hanging down beneath her clothes—I turned on my light for another officer to come—the officer came and took his piece of silk from under her clothes—it was fastened round her body with this piece string—this other piece of silk was in her pocket—she gave her address, Mary Jones, 12, Watling-street; but her name is Johnson—she lives in York-street, Blackfriars.
Cross-examined by MR. BALDWIN Q. Did you see the men who were in the house? A. Yes, Lewis and Hudson—I asked them what that woman
was doing there—Hudson said it was the other man's wife—as I came out they said, "We must keep this dark; we must not know the woman."
RICHARD JOHN MERRELL. I am assistant to Mr. Davis, a broker and accountant, in Mark-lane. I took an inventory of the stock of Mr. George Clay, of 5, Queen-street, Cheapside—these two pieces of silk belonged to that estate—I have seen them before—my mark is on them.
Cross-examined. Q. When had you seen them last? A. About 18th Jan.—I believe they were then on rollers; I am not certain.
EDMUND WILLIAM DUBOIS. I live in Apollo-buildings, Walworth. I am assistant to Mr. William Atkinson, messenger of the Bankruptcy Court—I produce the fat of bankruptcy—Mr. Atkinson had the custody of the things—Patrick Johnson and another are the assignees.
Cross-examined. Q. What were the two men that were on the premises? A. They were in possession under the warrant—I do not know what is become of them—we put other men there instead.
GUILTY. Aged 22.— Confined Twelve Months.
GUILTY.*† Aged 19.— Transported for Seven Years.
OLD COURT.—Tuesday, April 4th, 1848.
PRESENT—MR. Ald. GIBBS; MR. RECORDER; Sir JAMES DUKE, Knt.; and Mr. Ald. FARNCOMB.
Before Mr. Recorder and the Second Jury.
GUILTY. Aged 22.— Confined Six Months.
SMITH pleaded GUILTY. Aged 29.— Transported for Seven Years.
MICHAEL HAYDON (City policeman, 21.) On 8th March, about four o'clock in the afternoon, I was on duty at Holborn-bridge, and saw the prisoners with a number of thieves—I watched them—Smith went up to a gentleman at a picture shop, in Farringdon-street, and felt his pocket—Whitaker stood behind him, partly screening him—I followed them into Fleet-street—Smith went up to Mr. Scott, and felt his pocket—Whitaker screened him—they moved away in a hurry—I spoke to Scott—he went with
me to Shoe-lane after the prisoners—I pushed them into a doorway, and said to Smith, "I went that handkerchief?"—he said, I have got no handkerchief"—I saw something bulky in the waistband of his trowsers, put my hand in, and took this handkerchief out.
Cross-examined by MR. HORRY. Q. Was there a crowd in Farringdon-street? A. About a dozen persons were at the window—the prisoners were outside—I passed them twice—Smith felt the pockets at both pieces—I was in private clothes—Whitaker appeared to have been at work that day, by his hands and face—I did not know him before.
(Whitaker received a good character.)
JAMES FIDDY. I am cellarman to Messrs. George Greenwood and Bulter, 110, Fenchurch-street. I have seen the cask Mr. Bryant bought—It is Messrs. Greenwood's—I had seen it safe on their premises a little before seven o'clock in the evening of 24th March, and missed it about a quarter to nine next morning—I brought it of Budd, with others.
WILLIAM BUDD. I am cellarman, in the service of Messrs. Dennis and Birt, of Tower-hill. I sold this cask to Fiddy, for his employers, on the same day it was lost—I got it form Campbell and Cook, of Tower-street—it had contained sherry.
EDWARD SALTER (City policeman, 64.) I went to the prisoner's lodgings, in Whitechapel, and told him I wanted him—he said, "I know what you want for me; you want me for the cask; I brought it of a man I know very well, but I do not know his name or where he lives"—I took him to the station.
Prisoner. I bought it of a man who gave me his address at Islington; I went to try and find him when the policemen came; I gave a description of the man Budd, at the Mansion-house, and the witness said he thought he knew him, and would endeavour to find him.
Prisoner's Defence. I have been for years engaged in the wine trade, and being out of work endeavaoured to pick up an honest living by buying and selling casks; I have sold many to Mr. Bryant, and other merchants; I bought this one of the man I stated, for 3s. 6d.; he said he had bottled it off yesterday, at a gentleman's house; I took it direct to Mr. Bryant, which I should not have done if I had known it was stolen.
THOMAS BRYANT re-examined. I have bought casks of him for eight or nine months, never more than two or there at once—I have bought more than twenty of him, and never found anything wrong about any before.
(The prisoner received a good character.)
GUILTY Aged 21.— Confined Six Months.
GUILTY. Aged 25.— Confined Four Months.
WILLIAM JOSEPH PHELP. I am the prosecutor's son-in-law, and manage the business of his cellar. On Sunday, 5th March, I went into the cellar, and missed five gallons of brandy from a cask, which was full on the Saturday—I also missed about two gallons of rum, and about twenty gallons of wine—I called the prisoner into the kitchen, and told him I thought he had been robbung us—he said if I would walk out of the kitchen he would tell my mother—he said he had given a man they call The Lawyer (his name is Curran) a bottle of brandy, and they drunk the rest on the premises; they had been drinking for about six weeks, and were tipsy every day for six weeks—the other man was taken, and remanded for a week, and then dismissed—the prisoner said he had got into the cellar by pushing away a cask.
Prisoner. Q. Did not you go and bottle the wine off? A. No, my mother did—I never left the tap running—I frequently found the tap dripping, and said I thought some one must have been to the wine, as I had only drawn twelve bottles—we were not aware the cask was moveable.
JAMES CHAPMAN (policeman, 218.) I took the prisoner into custody on 5th March—he was then begging his mistress to forgive him; he would never do it again—The Lawyer said, in his presence, that he received a bottle from him to carry to his brother's, and was to receive 7s. for it, and that he let it down and broke it, and told me where the remains were—I went, and found them—it was a large stone jar, which would hold two or three gallous—he told me it was brandy, but when he took it out he did not know what it was—it had been raining very hard—the bottle was broken all to pieces.
Prisoner's Defence. I did not take it; I never heard The Lawyer say anything about receiving 7s. to take it to my brother.
GUILTY. Aged 21.— Confined One Year.
THOMAS pleaded GUILTY Aged 22.— Confined Six Months.
WILLIAM PARKER. I am a cabinet-maker, at Leman-street, Whitechapel. On 13th March, about a quarter-past seven o'clock in the evening, I saw the prisoner Thomas go into a shop in Gracechurch-street, take an umbrella, and go away with it, and give it to Jones, who was at the corner of Corbet-court, close to the shop—Thomas then came back, went into the shop again, and took another umbrella—he kept that himself—they then walked away—overtook them in Leadehall-street, and then they were apprehended, each with an umbrella—I cannot say exactly how far off the court is.
JOHN BRETT (City policeman, 514.) I saw Thomas walk into the prosecutor's shop, and take an umbrella—Jones was up Corbet-court at the time, about six yards from the shop—it runs up by the side of the shop—I followed them up Gracechurch-street, and as soon as they saw me following they
ran away down Leadenhall-street—I overtook them opposite the India-house—they dropped the umbrellas as soon as I collared them.
Thomas. I was intoxicated. Witness. He did not appear so—I did not see him take the first umbrella—Jones was about a yard up the court when Thomas took the second.
JONES— GUILTY. Aged 22.— Confined Six Months.
JANE WALLIS. I am the wife of Thomas Wallis, coal-porter, of Hand-and-saw-alley, Whitefriars. On Saturday, 5th Feb., I was in Farringdon-market—as I was standing at a stall in Shoe-lane, I perceived a hand in my pocket, and on turning round I found it was the prisoner—I got hold of him—he got away, and I missed two half-crowns from my pocket—I am sure the prisoner is the person.
Prisoner. She took a boy up in Farringdon-street first. Witness. No; the policeman took a boy on suspicion, but let him go—I told him he was not the boy—I did not order the boy to be searched.
BENJAMIN ADAMS (City-policeman, 214.) In consequence of a description from the prosecutrix, I apprehended the prisoner in West-street, on 11th Feb., about a quarter to seven o'clock in the evening—he was in company with four more—two of them were convicted thieves—I told him what I took him for—he said he never took anything from any woman's pocket—the prosecutrix said at once that he was the boy—she had previously described him to me.
GUILTY.† Aged 13.— Confined Three Months.
JOSEPH RUSHER. I live at 11, Furnival's-inn, Holborn. On 8th March, between one and two in the afternoon, I was passing from Cheapside to St. Paul's-churchyard, and felt a pull at my pocket—I turned round, and found the prisoner with my handkerchief in his hand—I caught hold of him, took it from him, and called a policeman, to give him in charge—he broke away from me two or three times, but I succeeded in taking him, and gave him in custody—this is it (produced).
Prisoner's Defence. I was crossing the road, and saw a gentleman stooping to pick up the handkerchief; I picked it up before him, went up to the prosecutor, and touched his arm; he turned and felt his pocket; I gave him the handkerchief; he looked for a policeman; a mob collected, and I went away; he followed me and gave me in charge.
GUILTY. Aged 23.— Confined Nine Months.
GUILTY.** Aged 15.— Confined Nine Months and Whipped.
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor,— Confined Six Months.
GUILTY. Aged 27. Confined One year.
GUILTY. Aged 15.— Confined Ten Days.
MR. BALDWIN conducted the Prosecution.
RICHARD HOWELL. I am a tide-waiter in the Customs. On 14th March I was on board the Clarissa, in the London Docks—some wheat was unshiped from that vessel into a barge alongside, belonging to Mr. Groves—the work was finished about four o'clock—the batches were put on and a tarpauling over—neither of the prisoners assisted in the loading—about fire my attention was called, and I saw the prisoners at the stern end of the barge, with one of the hatches and the tarpauling off—they were filling bags and examining the quality of the corn—I looked at them for a while, and the bags being very large and marked differently, I went and asked what they were doing—Mellish said, "Getting a sample"—I asked for whom—he said, "For the merchant"—I asked who was the merchant—he said, "Mr. Groves"—I knew Mr. Groves to be a lighterman, and not a merchant, and his name was not on the bags—they filled the bags, and placed the hatches and tarpauling on as before—each of them took a bag, and was carrying them forward from the further end of the barge—one of the bags was lowered into a lug-boat that was lying alongside—I then told them that they should not take it without an order—Mellish said, "Very well," he would leave it till to-morrow, and would bring the order—I said to the captain, who was standing on the deck, "These men are evidently stealing this wheat; what shall we do with them?"—he said, "Do as you like; I shall have nothing at all to do with them"—we then allowed them to start it back again into the balk—I sent for the police, and they were taken into custody.
Cross-examined by MR. PARRY. Q. Where had the vessel come from? A. Odessa—I do not know the prisoners—I had been in the vessel fifteen or sixteen days previously—I cannot say how many persons had come with bags to take samples during that time—parties sometimes bring orders and sometimes not—I hesitated very much before I gave them into custody—the captain did not say they had only come to sample the corn—I allowed them to put the wheat back.
MR. BALDWIN. Q. When persons come to take samples, do they go on board the barge and take off the hatches, or take them from the bulk? A. From the bulk—I have known instances of samples being taken from the barge—I think there was about a bushel and a half of wheat in the bags— —they were both sample-bags, and are intended to hold a bushel each.
CHARLES FRASER (Thames policeman, 73.) On the afternoon of 14th March I was called on board the Clarissa, and found the two prisoners there—Howell charged them with the unlawful possession of one and a half bushels of wheat—I asked Mellish whether he had an order for any samples out of the vessel, and who authorised him to go on board the barge and take them—he said, "No one"—I said, "Where is the bag you had the grain in?"—he said, "I have not got it"—I searched him, and found this sample-bag under his jacket—he said, "It is my grub-bag"—I said, "Where is your bag of samples?"—he said, "I have no bag"—I searched, and found it under the old sheet of the barge, and this other one that Saunders had—I took them to the station.
Cross-examined. Q. These are sample-bags, are they not? A. Yes; for oats, but not for wheat—wheat sample-bags are not quite so large—Mr. Howell was present when Mellish denied having the bags—one of Mr. Groves' lighters was lying alongside, and a lug-boat of Phillips and Co.—then, prisoners had no business in that boat—it must have been cast adrift off the quay.
RICHARD HOWELL re-examined. This bag is one that was used by Mellish—they are marked in the same way as those the prisoner had, and are about the same size—they are the sort of bags that usually come for samples of oats, but not very often for wheat—Mellish said he would bring the order next day—he did not say if I would come with him, he would point out the gentleman who asked him to take the sample—he said he came from Mr. Groves.
THOMAS GROVES. I am a master mariner, in partnership with my two sons. On 14th March, we had a barge lying alongside the Clarissa, to be filled with wheat—the prisoners are not in our employment—I know Saunders by sight—we had not given them orders to get any samples out of the barge—no one would have a right to open the hatches, and get a sample out without authority from us—I do not know these bags—they are much larger than we send for samples of wheat—this small one is the proper size, and holds about four quarters—the large ones hold nearly a bushel—if they were filled they would hold about one and a half bushels—it would be worth 16s.
MELLISH— GUILTY. Aged 26.
SAUNDERS— GUILTY. Aged 35
Confined Six Months.
MARY ANN BOOTH. I am the wife of George Booth, a compositor, of Parson's-court, Bride-lane. The prisoners came to lodge with me on 12th March—they lived together as mother and daughter—they left on 17th—I missed a sheet and two gowns—these are them (produced)—Clark said she had come from Aylesbury, with her daughter, whose husband was a carpenter and joiner, at Mr. Cubitt's, and that he was coming on Thursday—I have been to Cubitt's—he was not known there.
ROBINSON WEBB (City policeman, 658.) On the evening of 23rd March, the prisoners were at the station—after the charge was taken, they were told to turn out what they had in their pockets—I attended to James—she took two duplicates out of her pocket—I saw Clark shuffling about, and after I had examined James' pockets, I took a light and found a purse, containing duplicates, at Clark's feet—one of them is dated 20th March—the sheet was ordered to be given up by the Magistrate.
JAMES— NOT GUILTY
ESTHER KORN. I am the wife of Philip Korn, of Seward-street, St. Luke's. The prisoners came to lodge at out house on 10th March, and left on 17th—I missed a sheet and a bed-curtain from the prisoner's bed—I had one other lodger—these things produced are mine—the sheet has my initials on it—they only paid me 1s.—that was a deposit—James said her mother had come with her for a week, till her husband came from Aylesbury.
GEORGE MERSON. I am assistant to Mr. Attenborough, a pawnbroker of Shoreditch. I produce a curtain, pawned by a woman on 17th March in the name of Ann Richards, 7, Charlotte-street—this is the duplicate.
JAMES— NOT GUILTY.
1013. ANN JAMES , again indicted for stealing 1 pair of stays, 1 gown, 1 petticoat, and 1 table-cloth, value 11s. 6d.; the goods of Benjamin Overton, her master; 1 shawl, 4s.; of Ann Naomi Overton; and 2 petticoats, 1 cloak, 1 gown and 2 collars, 10s.; of Elizabeth Anderson; and ANN CLARK , feloniously receiving the same.
SARAH ALDER. I live at Acorn-street, Bishopsgate. James brought me two petticoats, four nightcaps, and other things, thirteen altogether, to mangle, the day before she was taken—she said she would call for them—I gave them to the officer.
ROBINSON WEBB (City policeman, 658.) I produce the corresponding duplicate—James took it out of her pocket with other things—I said, "Here are two duplicates"—she said, "Yes, they both belong to me; the petticoats are mine; I pledged them"—Clark was wearing this cloak—I found this other duplicate in the purse, which I picked up at her feet.
GEORGE FREDERICK LAMBERT. I am a pawnbroker. I produce a tablecloth and petticoat, pledged on 3rd Jan., by a woman, in the name of Groves—I have brought the wrong duplicate; but they were compared before, and corresponded.
JANE ELIZABETH ANDERSON. I live at Millwall. I was employed at Mr. Overton's, where James lived—I lost two petticoats, and a gown, collar, and cloak—these are them—one petticoat, is marked with ironmould.
ANN NAOMI OVERTON. I live with my father, Benjamin Overton, in Chiswell-street. James came there, as servant, on 20th Nov., and left on 4th Jan. in the morning, before any one was up, unknown to us, and without her wages—I had said my father was coming home—we missed several things, named it to her, and she said she was never in such a house in her life, there was always something missing—Clark, whom she said was her mother, was always coming, and if we went to the door she ran away—these things produced were taken from my mother's bedroom when James lived there—this table-cloth is marked "E O"—I am sure this cloak belonged to Miss Anderson.
James' Defence. There were other people in the house when I left; my mother bought the cloak in Petticoat-lane.
Clark's Defence. The things found were all out own; I bought the cloak.
JAMES— GUILTY. Aged 24.
CLARK— GUILTY. Aged 54.
Transported for Seven Years.
(Robinson Webb stated that property had been traced to twenty pownbrokers, and that the prisoners lived by robbing furnished lodgings.)
NEW COURT.—Tuesday, April 4th, 1848.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. FARNCOME; Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and Mr. COMMON SEREANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY. Aged 25.— Confined Six Months.
SMITH pleaded GUILTY. Aged 18.— Confined Six Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
JOHN WHITLAMB (policeman, M 89.) On 10th February, between twelve and one o'clock, I was with West—I saw the prisoners in Great Suffolk-street, Borough, and followed them for about four hours—I saw them go into a cook's-shop in St. John-street—I got this shilling from Drawwater—I followed them to Miss Brett's shop, and there I took Smith—Barber was in the street—I assisted West in taking him—he had been in the shop, and walked out again—I found on Barber two good half-crowns,
one halfpenny, one farthing, and a roll that was purchased at Drawwater's—on Smith I found Barber's address—I saw Smith go into four shops when Barber was with him at the door, and he walked to and fro in front of the windows, and when Smith came out, Barber followed, and joined him again—Barber gave his address; it was the same as that I found on Smith.
ELIZABETH BLUNDELL. I am servant to Ann Cleaver, who keeps a cook's-shop in St. John's street-road. On 10th Feb. Smith came for a pennyworth of pudding, and offered a good half-crown—I gave him two old shillings, and fivepence in copper—he gave me back a new shilling, and said, "I don't like this shilling"—I gave him another—after he had got out of the shop, I found it was not the one I had given him; mine was worn, and this was new—I afterwards gave it to West.
PHILIP PAMMENT. I am shopman to my brother Henry, a cheesemonger, at Pentonville. On 10th Feb. Smith came for 1 1/2d.-worth of cheese—he gave me a half-crown—I gave him two old shillings, a fourpenny piece, and a halfpenny—he took it up, turned his back to me, turned again, and said he did not like the look of one of shillings; he thought it was bad—he gave me one to change—I told him it was a very bad one, but, after a bit, I gave him another for it, and he went away—I examined the one he gave me, and am quite sure it was not either of those I gave him, it was a new one—West came in—I marked the shilling, and gave it to him.
HENRY PAMMENT. I keep the shop, 43, Penton-street. About one or two o'clock on 10th Feb., I was in the parlour, and saw Smith there—I saw West, went out, and followed the prisoners round several streets to King's-cross—I went into a shop opposite to Mr. Drawwater's—I saw Barber pass something to Smith, and Smith went into the shop—he came out again, and walked up the road—Barber joined him some little distance off—I followed them till they were apprehended.
ELIZA GEORGIANA DRAWWATER. On 10th Feb. Smith came to my father's shop, and bought a three-farthing loaf—he gave me a half-crown—I gave him two old shillings—I had no coppers in the till, and while I went to get some, be shuffled the shillings about which I gave him, and said, "I think you have given me a bad shilling"—I told him I had no bad shilling in the till—the one he gave me was new, with reading on it—he made a disturbance about it, and, to get rid of him, I gave him another for it—a person came in, and said something—I marked the shilling, and gave it to Whitlamb.
ELIZABETH ANN BRETT. I am the daughter of Kitty Brett, who lives in North-street. On 10th Feb. Smith came for a penny loaf—he offered me a half-crown—I gave him 2s. 5d.—he gave me back a bad shilling—I would not change it—I am sure it was not one I had given him—no one takes money but me, and I try all the money as I take it.
JOHN WILLIAM CLARKE. I am a bootmaker. On 10th Feb., about three o'clock in the afternoon, West came into my shop—I saw both the prisoners in Brett's shop, which is opposite—I went over, and went into the shop—Smith was there—Barber came in, passed between me and Smith, and went out again—Brett gave me a bad shilling, I gave it to West, and detained Smith.
THOMAS WEST (policeman, M 249.) On 10th Feb. I saw the prisoners in Suffolk-street, about twelve o'clock; they were together until between three and four-Smith went into the shops—Barber remained outside, watching, and when Smith got some distance from the shops he joined him—I
got these shillings from Blundell, Pamment, and Clarke—I took Barber—he said he knew nothing of it.
CALEB EDWARD POWELL. I am inspector of coin to the Royal Mint. These four shillings are counterfeit; two of them are of William IV., and have been cast in the same mould; and two of them are of the present reign, and have been cast in the same mould.
Barber's Defence. I went out to seek for work; I met Smith, who said he was going to enlist for a soldier; he said he should like to bid his relations good-bye; I went with him; he went to buy a pennyworth of pudding; he then said he would buy a penny loaf; I waited at the corner of a street; he then said he was going to see his uncle; I went with him to Union-street, where he was apprehended; I saw the witness look in at the window; I went in to see what was the matter; I went out to see for an officer; I told the inspector the case; I had no idea what this man was doing; I was waiting to tell the officer all I knew about it.
BARBER— GUILTY. Aged 31.— Confined Six Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
JANE GARNELL. I am the wife of James Garnell, a general dealer. On Friday night, 10th March, about a quarter before nine o'clock, the prisoner came, asked for a penny candle, and gave me a shilling—I put it into the till—there was another shilling in the till, an old smooth one; I gave the prisoner that with the candle, as I had no change, and said, "Perhaps you will pay me to-morrow?"—I know it was the other shilling I gave him, by his manner; he sneered at me, as he went out, and said, "I live at No. 2, I will"—I had not taken the old shilling many moments before, and had given the only sixpence I had in change for it—I looked at the shilling he gave me as soon as he was gone—it was bad—I gave it to my husband, and he marked it—this is it—it is a new one—on 11th March the prisoner came again and asked for an ounce of tobacco—I recognized him before I came into the shop—while he was there my husband came in, and I asked him to come round the counter—the prisoner gave me a half-crown—I took it, and gave him the tobacco—I said to my husband, "This is the young man that gave me the bad shilling last night"—he marked the half-crown, and the prisoner was given into custody.
JAMES GARNELL. I got a bad shilling from my wife on 10th March—I cut it and kept it—I afterwards gave it to Hanson—on 11th March the prisoner came—my wife said to me in his hearing, "I wish you would come round here, perhaps I may want to go away"—she then gave the prisoner the ounce of tobacco, and he gave her a half-crown—she said, "This is the young man that gave me the bad shilling last night"—I took the half-crown, and marked it with a penknife—I kept it, and gave that and the shilling to the policeman.
JOSEPH HANSON (policeman, V 133.) I took the prisoner—I received this half-crown and shilling—he said, "I don't deny being there last night, but I did not know the shilling was bad"—he said he did not know the half-crown was bad.
Prisoner's Defence. I carried a box for gentleman on the Saturday, and he gave me the half-crown.
GUILTY. Aged 22.— Confined Six Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
ROBERT CODY. I am barman at a public-house in Whitechaple. On 13th March the prisoner came for half a pint of porter and a short pipe—he laid down a Victoria shilling—I gave him a sixpence, a fourpenny-piece, and a penny—he drank his beer, and was out of my sight in a moment—I directly found it bad—I marked it and kept it by itself—the prisoner came again for porter and a pipe, and laid down a bed shilling—I gave it to Mrs. Simms, seized the prisoner, and kept him till the officer came—I marked the second shilling, and gave them both to the officer.
Prisoner's Defence. I passed one shilling which proved to be bad, and having no other to pay for what I had to drink, I was given into custody; it was paid me by a stranger, for whom I carried a parcel from the Blackwall Railway to Whitechapel-road.
GUILTY.** Aged 25.— Confined One Year.
EDWARD RAYNER. I keep the Black Horse, in High-street, Marylebone. On 19th March, about twelve o'clock at night, the two prisoner and three others came in—one of the others called for some gin, and beer, and biscuit—they were paid for—two or three minutes afterwards James asked me for a Pickwick cigar—I gave her one and she gave gave me a bad shilling—I asked where she got it—she said a gentleman gave it her—I sent for a policeman, and gave him the shilling—I declined giving James into custody.
Cross-examined by MR. PAYNE. Q. How many person were in the house? A. Two gentleman, friends of mine—a respectable-looking man paid for the gin and beer and biscuit—he came in with the prisoners—James and another female went out first, and then the men went out together.
JOHN BARROW (policeman, D 149.) On 19th March I was called, and took James—no other bad money was found on her, and she was not gives in charge—I got this shilling from Mr. Rayner—James went out with another female, and then four men went away with Smith.
THOMAS JAMES. I am waiter at the George and Dragon coffee-house, in Marylebone-lane. About half-past one o'clock, on that morning, the two prisoners came in with another woman—I asked what they wanted—James said she had a friend outside, and when he came in she would give the order—the friend came in and asked for the Sunday Times; he held it over the gas, and Smith gave me a shilling for five cups of coffee, which the prisoners and three other persons had had—I told Smith if he would give me three half-pence I would give him a sixpence—I kept the shilling in my hand—I found it was bad—I said to Smith, "you have given me a bad shilling"—he said he would give me another—I said, "i shall not take another"—my master called in the officer—I marked the shilling and gave it him.
Cross-examined. Q. All the persons were taken, and all discharged but Smith? A. yes—our house is open all night—they did not order the coffee till the person came in from outside.
STEPHEN PERDRYAN (police-sergeant, D 16.) On 20th March I was sent for, and found the prisoners and three others, sitting in a box together—they were taken to the station—no bad money was found on them—I received this bad shilling at the coffee-shop—I found on Smith a half-crown, a sixpence, and two pence, all goods—I took James again the same morning, outside the Police-court—I told her I wanted her for that bad shilling last night—she said if she had known that, I should not have seen her there that morning.
James' Defence. I am an unfortunate girl; I was in the house, and a man came up and gave a young woman who was with me a quartern of gin, and he gave me some beer; he told me to call for a cigar, which I did, and he gave me the bad shilling, which I gave for it.
JAMES— GUILTY. Aged 21.— Confined Three Months.
SMITH— GUILTY.** Aged 21.— Confined One Year.
HENRY STEVENS. On Wednesday, 29th March, I was managing my brother-in-law's business at the Long Acre coffee-house. The prisoner came in and gave me a new shilling, I put it in the till—there was one old shilling in the till—I gave the prisoner 8d. in charge, and she and a companion with her went away—in a few minutes Clements, came in, and I gave him the shilling the prisoner gave me and the other, in charge for half-a-crown—he tried the shilling the prisoner gave me—it was bad—he took it out, he came in again and gave it me, and I put it on a shelf—in a few minutes the prisoner came again for some gain, and gave me another bad shilling—I told her so—she said she was not aware of it, and she would give me another—I gave her in charge—I marked the two shillings, and gave them to the officer—these are them—(produced.)
ALFRED CLEMENTS. I am in the service of Mr. Rumble—I went to Mr. Steven's on 29th march for change for a half-crown—he gave me two shillings—I bent one of them between my teeth—I took it home, but it was not out of my sight—I took it back to Mr. Stevens—this is it.
Prisoner's Defence. I went in for 6d. worth of gin; he put the shilling I gave him in the till; he said it was bad; I said if it was bad I would give him another; he said I should not.
GUILTY. Aged 28.— Confined Six Months.
ELIZABETH DALE. I am the wife of Robert Dale, a chandler, in Norfolk-street, New-road. The prisoner came on 27th march, asked for a 1/4lb. of cheese, and gave me a bad half-crown—I gave it to my husband—he returned into the shop with me—I laid the half-crown before the prisoner—I believe I told him it was bad.
ROBERT DALE. On 27th March the prisoner came to my shop—I was in the back parlour—he asked my wife for a 1/4th, of cheese—she brought me a bad half-crown—I gave it her back, and she went into shop—I followed
her, and told the prisoner it was bad—I wished to know what he was, and where he believed—he said, "just round the corner"—he said, "I have no more halfpence about me; I suppose if I leave the half-crown and my father calls, it will be sufficient"—I said, "I don't know that"—I was going round the counter, and he ran away—I ran after him, but did not catch him—I kept the half-crown, and gave it to the policeman—the prisoner was brought in again rather before ten o'clock, but I did not recognise him—he was differently dressed, and had a narrow-brimmed hat—he said I must have known him if he had been the man, because he had not been shaved for two days—I looked in his face, and recognised him directly, by the darkness round his upper lip—I have no doubt he is the man.
SARAH YEOMAN. I am the wife of James yeoman, a corn factor. On 27th march the prisoner came into our shop, between nine and ten o'clock at night, for half-a-pint of oatmeal, and gave me a shilling—I gave it to my husband.
JAMES YEOMAN. on 27th march, between eight and nine o'clock, I heard a cry of "Stop thief!"—within an hour afterwards, the prisoner came to my shop for half-a-pint of oatmeal, which was a penny—he offered my wife a bad shilling—I asked him where he came from—he said from Baker's-row—I said he had better come with me—I took him to Mr. Day's shop—I asked where he got the shilling—he said from a person who employed him to carry parcels, he did not know who he was.
GUILTY. Aged 26.— Confined Six Months.
ELIZABETH VINCENT. I am the wife of Joseph Vincent, a butcher, in Marylebone. On 27th march the prisoner came for 1/2lb. of steak—he gave me a shilling—I gave it to my husband, and he went after the prisoner.
JOSEPH VINCENT. I saw my wife serve the prisoner on 27th march—she showed me a bad shilling—I bent it, went after prisoner, overtook him, and said, "Have you not got better money than this?"—he said he did not know but that it was good—I sent for a policeman, and gave him into custody—as we were going along, Thurston came with a paper, and said, in the prisoner's presence, "Here, he has just thrown this away"—I found in it a bad half-crown—the prisoner said he did not know anything about it—he did not throw anything away.
HENRY HEBARD (policeman, E 60.) On 27th march I took the prisoner, in Gray's-inn-road—Mr. Vincent gave me this bad shilling—he said the prisoner had been passing a bad shilling—the prisoner said he knew nothing about it—as I was taking him to the station, I saw him drop something from his left hand, in a paper—Thurston gave it to Mr. Vincent—it contained this bad half-crown—the prisoner denied having thrown it away.
Prisoner. it fell from my pocket, having a hole in it.
GUILTY. Aged 22.— Confined Six Months.
ELIZA TAYLOR. I am sister of Thomas Taylor, a tobacconist, in Eagle-street, City-road. Between nine and ten o'clock, on 24th March, the prisoner came for 6d. worth of cigars, and put down a 5s. piece—I gave him 4s., and put the crown into the till—my brother came in immediately after, and saw it was bad—there was no other crown in the till—I marked it, and gave it to the policeman.
Cross-examined by MR. PAYNE. Q. Had ever seen him before? A. Not that I know of—he had a dark coat on, and a high crowned hat—he was scarcely any time in the shop—I saw him again on the Monday morning, at the station—the policeman told me he had got the man—I had given a description of the man—I am sure the prisoner is the man—I knew him the moment I saw him.
ROBERT JEFFREYS (policeman, N 165.) On Monday, 26th March, I was at the Hoxton police-station—a young woman was brought there on some charge—when she was there the prisoner came into the station and there was some interference on his part, and he was taken into custody—he was searched—I found a crown-piece in his right-hand pocket, and a sixpence—I gave them to the inspector, who put on the desk—in four or five minutes the inspector called me, and told me the crown was bad—I put a mark on it, and so did he—I told the prisoner it was bad—he said nothing—it has been in my possession ever since.
Cross-examined. Q. Where did you put it? A. on the desk—there was only myself there—in four or five minutes I discovered it was bad, I called Jeffreys back, and a mark was put on it.
GUILTY.* Aged 20.— Confined nine months.
MR. CLERK conducted the Prosecution.
ANN SOMERS. My father is a stationer, in Portland-town. On 24th Feb. Walker came, between two and three o'clock—she asked for a penny publication, which was in the window—she gave me a shilling—I said it was bad—she took it up, and left—I told my brother, and he followed her—in half an hour afterwards the two prisoners were brought in—I had not seen Hall before.
DAVID SOMERS. I followed Walker into the street; Hall was waiting for her, and they both went off together into High-street—I went on and saw Walker come out of a stationer's shop—I did not see her go in—Hall was walking up the street, about two hundred yards off—they then went on to the top of High-street, and I told a policeman—I did not see him take them, but he brought them to the shop.
THOMAS FIELD (policeman, S 300.) The prisoners were pointed out to me by Mr. Somers—I followed them down the Wellington-road—I asked Hall where the bad money was that he intended to pass—he said he had not any—I told him I was sure he had, because they had been attempting to pass some—I touched his coat pocket, and heard a jink, in a box—I took this box out, it contained four bad shillings—I felt in his other coat pocket and found this purse, containing eleven shillings.
CALEB EDWARD POWELL. These fifteen shillings are all counterfeittwo of those in the box are dated 1820, and are cast in the same mould—another is dated 1819, and another 1815—here are nine others, dated 1820, and cast in the same mould ad the two first ones.
Walker's Defence. I went for a penny publication; she said the shilling was bad; I went out again, and met this man; I asked him to direct me to a place; he said he would show me; I did not meet with him till after I had been in the other shop.
Hall's Defence. I did not know they were bad.
(Hall received a good character.)
WALKER— GUILTY. Aged 17.— Confined Six Months.
HALL— GUILTY. Aged 21.— Confined Nine Months.
ROSE pleaded GUILTY. † Aged 24.
TREADAWAY pleaded GUILTY. † Aged 34.
Confined One Year.
GUILTY. Aged 20.— Confined Three Months.
GUILTY. Aged 26.— Confined Six Months.
1028. CHARLES RAWLINGS , stealing 8lbs. weight of bread, value 1s. 1d. the goods of Samuel Hudson: also, 4lbs. weight of bread, value 6 1/2d.; the goods of Ann Blackith and another: also, 8lbs. weight of bread, value 1s. 1d.; the goods of Nicholas Frost: also, 1/4lb. weight of coffee, 2 ozs. weight of tea, 1lb. weight of sugar, and 1/2lb. weight of cocoa, value 1s. 4d.; the goods of John Stevens; having been before convicted; to all which he pleaded.
GUILTY. Aged 18.— Transported for Seven Years.
GUILTY. Aged 16.— Confined Three Months.
GUILTY. Aged 42.— Confined six Months.
OLD COURT.—Wednesday, April 4th, 1848.
PRESENT—Sir WILLIAM MAGNAY, Bart.; Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. FINNIS: and EDWARD BULLOCK, Esq.
Before Edward Bullock Esq. and the Third Jury.
1031. THOMAS CHISLETT , feloniously forging and uttering a request for the delivery of six brushes, with intent to defraud Samuel Taylor; also for forging and uttering a request for 24 brushes with same intent; to which he pleaded
GUILTY. Aged 16.— Confined Six Months.
GUILTY. Aged 23.— Transported for Seven Years.
GUILTY. Aged 18.— Confined Four Months.
(There was another indictment against the prisoner.)
WILLIAM ELLISON. I am a bookbinder, in Ave Maria-lane. On Monday evening, 13th March, the prisoner came to my shop, and gave me this order—read—(Thursday, 13th March, 1848. Mr. Ellison, please to let the bearer have six French Revolutions and three Dan Quixotes, and you will oblige Mr. Burns, Portman-square)—we work for Mr. Burns—I asked the prisoner who sent him—he said, "Mr. Burns"—I asked if he was employed there—he said, "Yes"—I asked how long he had been there—he said, "Six months"—I detained him while I went to Mr. Burns.
Prisoner. He said at Guildhall, I told him Mr. Burns had written the order. Witness. You might have said so—I asked you a great variety of questions—I did not ask if Mr. Burns wrote it—I think you said Mr. Burns gave you the order, and when Mr. Burns came, you said a man had sent you in with it—you told a great many falsehoods.
Prisoner's Defence. A man said he would give me sixpence to take it.
GUILTY of Uttering. Aged 17.— Confined Four Months.
1035. ROBERT BROCKLEY , breaking and entering a building within the curtilage of the dwelling-house of Thomas Brockley, and stealing 2 planes, his goods; also, stealing 50 knives 50 forks, and other articles, value 12l., his goods; having been before convicted; to which he pleaded
GUILTY. Aged 18.— Confined Twelve Months.
1036. JOHN SMITH , feloniously breaking and entering the dwelling-house of Robert James Styles, at St. Leonard's, Shoreditch; and stealing therein a tea-caddy, value 2s.; his goods; having been before convicted.
HARRIET STYLES. I am the wife of Robert James Styles, a painter, of 13, Red Lion-street, Kingsland-road—it is his house, and is in the parish of St. Leonard's, Shoreditch. On Tuesday evening, 14th March, about half-past seven o'clock, I left home, leaving no one in the house—I left the things quite safe, and the door and window fast—the tea-caddy was on the further side of the front-parlour table, where it always stood—it is my husband's property—this is it (produced)—I know nothing about the keys that are in it.
in at the street door, which I opened with my own key—I heard a noise in the house, like men's feet scuffling—I saw the prisoner in the parlour, and another man, not in custody, in the kitchen—I asked what they did there—they said they had made a mistake in the house, and asked if this was Mr. Jones—I laid hold of each of them, but was unable to hold the other; with a severe struggle I kept the prisoner, and gave him into custody—I found the tea-caddy moved about two feet and a half to the edge of the table, near the door—I am quite sure it was moved from the place where it always stood on the other side of the table.
MICHAEL SHEE (policeman.) Mr. Styles gave the prisoner into my charge—he at first said he had been in the passage, knocking for a person named Jones—I took him to the station, then went back to Mr. Styles, and found the caddy on the side of the table nearest to the door—I found these keys in one of the caddy-drawers—the prisoner denied all knowledge of them.
GUILTY. Aged 21.— Transported for Seven Years.
Before Mr. Recorder.
MR. PRENDERGAST conducted the Prosection.
WILLIAM ALLEN. I live in Avery-row, Lower Grosvenor-street. On 2nd Aug., 1846, the prisoner called on me, requesting me to discount this promissory note for 27l. 10s. 6d. (produced) stating that he was recommended to me by Mr. Jabez Moore, of New Bond-street—Mr. Moore's name was not then on the note—I told the prisoner I did not know sufficient of him to discount it, but if Mr. Moore would endorse it I would do so—he came again on 6th Aug.—the name of Jabez Moore was than on the note—he stated that Mr. Moore was a particular friend of his, that he had been under obligations to him, and he had got his endorsement—I gave him a check for 26l. 15s. taking about sixpence in the pound discount—I did not see him again till he was taken into custody—on the day the bill became due, a letter was left at my house—I do not know the prisoner's writing—I tried in every way to find him, and advertised in every paper in London—he gave his address, at 43, Davies-street, Berkeley-square, when he came to me—I called there, and he was not known—I afterwards found he was living at a house in the Regent's-park, now occupied by Mr. Bodkin—I went these last Oct., and he had left—I also wrote a letter to him at Wellington-terrace, and received an answer—I apprehended him at a chop-house, in Woodstock-street—I told him I came to him about a bill of 27l., addressing him as Mr. Anderson—he said his name was not Anderson, but Williams—I said he certainly was Mr. Anderson when I gave him the check for 26l. 15s., and he must recollect Mr. Moore, of Bond-street—he said, "No, I know nothing of him"—I said, "Then I must bring some person up who can recognise you more clearly"—I called up the policeman who was waiting below, and gave him into custody—I am certain he is the man—I took him out of a room where there were twenty other parties.
Cross-examined by MR. BALLANTINE. Q. Did you know him immediately?
A. Yes—I said, "Your name is Anderson, I think?"—he said, "No"—I said, "What is it, then?"—he said, "My name is Williams," or "Williamson."
JABEZ MOORE. I live in Bond-street. I have known the prisoner many years by the name of Anderson—I did not endorse any promissory note for him in Aug., 1846.—the endorsement to this note is not my writing—I never gave him, or any other person, authority to use my name to this bill, in any way—he never asked me for my authority to this bill—I never gave him leave to refer Mr. Allen to me, nor ever recommended him to Mr. Allen.
Cross-examined. Q. Have you had business transactions with the prisoner? A. Yes; as a customer twenty years ago—I am a breeches-maker—I have never endorsed bills for him—nor ever authorised him to use my name—I saw him repeatedly about July, 1846—I know Mr. Allen as a neighbour—the prisoner came to me, and asked if I knew whether Mr. Allen was in the habit of discounting—I said I did not—he said, a gentleman, named Platt, in Maddox-street, had told him that Mr. Allen was a great discounter of bills—I said, if he was I did not know it—he wanted to get a bill discounted by Mr. Allen—I did not see him on the matter afterwards, to my recollection—I rather think he told me that Mr. Allen would not discount the bill on his credit alone—I did not understand that he wanted me to endorse it—I would not endorse a bill for anybody—I should not think he could have imagined, from what I said, that I authorised him to use my name—he had not dealt with me for many years—he told me he was in the wine trade—I did not consider myself under any obligation to him at this time—he was always friendly, giving friendly advice, and so on—I expressed myself very much obliged to him for some services he had performed—it was after that that the conversation took place about Allen's discounting the bill—I never expressed myself so as to lead him to believe that he had my authority to sign my name—I had no idea of anything of the kind—I might have said I should be happy to serve him—I do not know that I did—I was very ill at that time, and had been for seven years.
MR. PRENDERGAST. Q. Did he at any time show you any bill or promissory note? A. He said he had sold some person a pipe of wine, and had got a bill for it—I am quite sure I gave him no authority to use my name—be never asked me—I did not see him after that till he was in custody—I never endorsed a bill for him. or he for me—I saw the bill in his hand, but not so as to read it—that was at the time he spoke about Mr. Allen being a discounter.
JOSEPH RACKSTRAW (policeman D 169.) I apprehended the prisoner—I was waiting at the door of the chop=house, in Woodstock-street, and saw him come down stairs with Mr. Allen—Mr. Allen said he should give him into custody for uttering the note, knowing it so forged—I took him to the station—he asked Mr. Allen if he could say something to him—Mr. Allen said, no, he had nothing to do with it—he said, in the station, that the endorsement of Jabez Moore was not on the note when he gave it to Mr. Allen, and he did not know but what any other person, or Mr. Allen might have put it on himself.
Cross-examined. Q. You were not examined before the Magistrate? A. I was—he was taken on this charge, but Mr. Moore did not attend, and no deposition was taken.
prisoner mentioned the amount of the bill—I never had it in my hand—I am not acquainted with the prisoner's writing.
GUILTY of uttering. Aged 43.— Transported for Seven Years.
(There were two other indictments against the prisoner for larceny.)
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOHN FORBES. I am a messenger in the inland department of the Postoffice—the prisoner was a letter-carrier there—it was part of his duty to assist occasionally in taking letters from the stampers to the sorters—it is a very large room—the stampers' tables are distinguished by letters. On 15th March the prisoner was taking letters from the "H" table to the sorters' table—I was placed so as to have a view of persons so employed—about seven o'clock in the morning the prisoner separated two or three letters from the others, and put them between the fingers of his left hand, then took a handful more up with both hands, carried them to the sorters' table, and put some of them down—he brought some away towards the railway department, put his hand down, and put a few under his waistcoat with his right hand—I told Mr. Barnard, the superintending president's clerk, and lost sight of the prisoner for two or three minutes—I went back, and saw him about to ascend by the machine, which is a frame with ten or twelve floors, which constantly aseends by the action of a steam-engine—I got up too late to go by the same stage as he did, and got on to the next—he could arrive at the floor above a little before me—when I got up he was going towards his seat—I told Mr. Harris, the assistant-inspector of letter-carriers—he went down with the prisoner to the inspector's room, by the machine—I left them there, and fetched Peste—these letters produced bear the inland stamp of 15th March, and were stamped at the "H" table.
Cross-examined by MR. BALLANTINE. Q. Who told you to watch? A. Mr. Barnard—he is not here.
MATTHEW PEAKE. I am an officer of the Post-office. At a little after eight o'clock, on the morning of 15th March, I was called into the inspector's room, and found the prisoner—I searched him, but found no letters—he had not hat—it was brought down by a letter-carrier, Brown accompanied me and Mr. Last, one of the inspectors, to his lodgings, 6, Surrey-street, Camberwell, to search—I found four sovereigns, two half-sovereigns, and seventeen crowas—I searched the privy—I am sure there were no letters there then—the prisoner was in the washhouse close by—he knew that I got a light to put down—when he saw me come out, he asked leave to go in—no one had been in in the interval—I stood at the door till he came out, then looked again, and said, "You have thrown a letter down here"—he said, "Nonsense, you are mistaken"—I said, "It was not here just now, and has been put down while you were in here"—I was taking off the seat, and heard an alarm of his being gone—there is a door out of the yard into the street—I pursued him, calling "Stop thief!"—he ran 400 or 500 yards—I brought him back, pursued my search, and found these two letters in the privy—I took him back to the post office, and said I must search him again—he said it was of no use, he had got no letters about him—I said, "I can't believe you; must have had two when I searched me, they were in my had, up stairs"—they were both sealed—I opened them by the Magistrate's order—one is addressed to "The proprietors
of the 'Ecclesiastical Gazette,' 9, Southampton-street, London," and contained 6d.; the other, to "The Rev. J. P. Pearce, Tetsworth, Oxfordshire," and contained 1s. 6d.
GUILTY. Aged 29.— Transported for Ten Years.
(MR. BODKIN stated that several letters had been opened, the money taken out, and the letters then, forwarded re-sealed, and bearing the impression of a seal which was found at the prisoner's house.)
MR. O'BRIEN conducted the Prosecution.
RICHARD COLE. I am a tailor, at 34, Gray's Inn-lane. On 23rd March I left Astely's theatre about a quarter-past twelve o'clock—I went into a public-house in Westminster—I was there about twenty minutes—Cayton and Clare were in Front of the bar—Clare was dressed as he is now—I went outside with the gentleman who had been to Astley's with me, and wished him good night—Cayton called me back, and pulled me by the arm into the public-house—I treated him to some rum, put down 1s., and got the change—there were nine or ten men there—I said I knew a man named Dunn in that neighbourhood—Cayton said he knew him well, he lived in the same street with him—we were than at the corner of the street—he said, "Come with me, he lives within a door or two of me"—he took me to the left, towards the Abbey—I had to go to the right—he said he was taking me towards Mr. Dunn's—I think we passed the Abbey—Clare, who was with us, then said, "Good night," and left us—we went on to a curious sort of place; I thought no one connected with me lived there—A policeman stood at the corner, and I said to him, "I don't like this man, protect me"—I do not know whether Cayton said anything on that—I went on with him into the place, he caught hold of my arms, and folded them back quite tight, so that I had no power in them—a slight young man came out of a corner all at once, and stood in front of me—he was about Hall's size, but rather darker—it was quite dark—he pulled the chain out of my waistcoat-pocket—it was round my neck double—I thought I should be choked, and said, "Let me take my hat off"—they got my watch and chain—I put up my hands, to take my hat off, and Cayton said it was beat to be quiet—I had half-a-crown, and I think a shilling—I had two half-crowns, but changed one in the public-house—I had not taken out my watch in the public-house—the men walked away—I turned the reverse way, the way I had come—in about half-an-hour I met Cayton, coming in the same direction as a policeman, and I gave him in charge—between two and three next morning I saw Clare and Hall in custody—Cayton never left me till I lost my watch.
Cross-examined by MR. MELLER Q. I believe the man who stood in front of you wore a hat, and was much darker and more Jewish like than Hall? A. Yes.
Clare. Q. What time elapsed from the time I left till you were robbed? A. About eight or ten minutes.
Cross-examined by MR. PAYNE. Q. You were not sober? A. No—the man who held me was behind me—I do not recollect seeing the Abbey—I had only two or three glasses of run-and-water between my friend and me—I told the policeman I was afraid of Cayton, and said I wished him to protect me, as I did not like his appearance—I did not say I knew him—he said it was all right, and he was taking me home—Dunn is a very respectable man—I
knew he lived in Crown-street, but thought the prisoners were going to rob me, and thought I should be safe there—I live in Gray's Inn-lane—that was my way home—I have never seen my watch or money since—I gave 5l. 10s. for the watch three months ago.
FRANCIS SULLIVAN. I am a labourer, and live in the New Kent-road. On the morning of 23rd I was at the Nag's Head, Tothill-street, about half-past two o'clock—Hall came in with two other men—Hall put his hand into his right waistcoat pocket, and pulled out a small yellow watch—in about five minutes the other two prisoners came in—I had seen them before—Clare was dressed as he is now—Cayton went over to Hall, and there was some dispute between them; I cannot say what about—they afterwards all went out of the house together, and the landlord closed the house—Clare and Cayton were not in the house at the time Hall produced the watch—Clare was present when Cayton had the dispute with Hall—I did not see him speak to him—Hall had put the watch into his pocket again when Cayton came in—after they went out, I went out after them—they continued together for thirty or forty yards, till they came to the corner of a court—they there separated, and some went one way and some another—I met a policeman and made a communication to him—I met Cayton, in custody of another policeman, is Orchard-street—I had not then heard of the robbery—I was going with the policeman to try and find Hall, because I had seen him about the neighbourhood in company with none but thieves.
Cross-examined by MR. MELLER. Q. What were you doing on this occasion? A. I met with a friend, named Smith, who had been out to the East Indies with me—he saw the watch—I should think anybody might have sees it—I did not speak to Hall—there were a great number of persons in the room—I was about two yards from Hall when he produced the watch—it appeared about the size of a 5s. piece—I saw no seals or appendages—Hall had a cap on—the landlord turned us all out at the same time—I saw the prisoners for thirty or forty yards from the house after they left—they were in company with about seven others—I am not in any employ at present—I earn a little by sweeping a crossing in the Lambeth-road.
Cross-examined by MR. PAYNE. Q. Did not Mr. Brees, the landlord, say it was time to close the house? and did not you all go out together? A. We all went out at the door one after the other.
RICHARD COLE re-examined. Mine was a small double-backed lever watch, English made, about half as large again as a crown-piece—there was no marker's name on it—I know it was an English watch, because I am a dealer in such things—I am in the habit of using Machin and Debenham's, and purchase clothes and things—I am a tailor, and deal in new and secondhand clothes, and can buy a watch if I think proper.
JAMES BUCHANAN (policeman, B 150.) On the morning of 23rd, between one and two o'clock, I saw some men coming down Tothill-street—after they separated I saw Cole and Cayton; I think they were arm-in-arm—Cole spoke to me, and said there were some men following him; that he did not like their appearance, and he wished me to look to them—I did not hear anything that Cayton said, but he seemed to be urging Cole to come along with him, leading him on—Cole asked me to protect him from the men—I asked what they had done to him—he said, "Nothing," but he did not like their appearance—I asked if he knew the person that was with him—he said he knew him, and I advised him to go home with him and get quit of the others—they went on in the direction of Tothill-street, and I lost sight of them—there
might be four or five went down Tothill-street after them—I am sure Hall is one of them, and I think that Clare was there, but I am not quite sure of that—I had known Hall before—about half-an-hour after, I found Cole with another constable, complaining of being robbed—I had heard of the robbery before that—I was present when Cayton was given into custody, in Orchard-street—you might go from there to Tothill-street in two or three minutes—Clare was with him—he was not given into custody—he was dressed as he is now.
Coss-examined by MR. MELLER. Q. How many men did you see pass along? A. I think six or seven—I did not see them come out of the public-house—they were close together—I did not see any other persons in the street—there were not many about at that time in the morning—I did not observe any one behind, and do not recollect meeting any one.
Cross-examined by MR. PAYNE. Q. Did two of the six or seven go in the same direction as Cayton and Cole were going? A. Two or three of them did—I think Cole alluded to all those following him when he asked me to protect him from them—I asked him if he knew the man who was along with him—he said he did—I said, "Do you feel afraid of him?"—he said, "No"—if he had said he was afraid of him, I would not have let them go on together—I do not know anything of Cayton.
COURT. Q. Are you sure it was not Cayton that said he was a friend of his, and not Cole? A. A am perfectly sure it was Cole—Cayton never spoke.
JOHN PORTSMOUTH (policeman, B 173.) On the morning of 23rd, about half-past two o'clock, I saw a number of men coming up Tothill-street—one or two of them went up a passage, and some went up a street a little further on—I saw Sullivan, and in consequence of a communication be made to me, I went after one of them—I went the way he told me they were gone, and when I got to the corner of New Pye-street, I saw Cole with a policeman—he turned back with me, and we met clare and Cayton (I had previously seen them go up the street nu themselves)—I took hold of Cayton, and turned him round owards Cole, and he said, "You vagabond! you are the man that held me while I was robbed"—Cayton said he knew nothing about it, he must be mistaken—Cole said, "No," he knew him again, because he had been in his company before—Clare was standing in the road—I do not know what became of him—I went on with cayton.
Cross-examined by MR. MELLER. Q. You did not see Hall at all? A. No.
Cross-examined by MR. PAYNE. Q. what Cole said was, "I have not made a mistake; I have been in your company, treating you?" A. Yes—as I was taking Cayton to the station, he asked what he was taken for—I told him he was charged with being concerned with another in robbing the prosecutor—he said he knew nothing about it.
MARK LOOME (policeman, B 11.) In consequence information, I apprehended Hall, on the evening of 23rd March, about eleven o'clock, at the White Horse, Orchard-street, Westminster—I told him the charge—he said he knew nothing about it—I apprehended Clare at twelve the same night—I told him the charge—he said he knew the man that was robbed, but he knew nothing about the watch—I searched at all the pawnbrokers in the district, and the three prisoners' loadings, but did not find the watch.
Cross-examined by MR. MELLER. Q. Had Hall a dark cap on? A. Yes, when I first saw him, but he had a light cap on when I took him.
MR. O'BRIEN. Q. Do you know Mr. Burrell's writing? A. I do—the
signature to this deposition is his—the clerk was writing whilst the examination passed—I saw the Magistrate sign it after it was read over to the prisoners.
COURT. Q. Was the clerk writing while the statement was being made? A. Yes—he then read to the prisoners from the paper on which he was writing, in the Magistrate's presence, and he signed it.
(MR. PAYNE objected to the statement being read, it not being signed by the prisoners, and the Magistrate's clerk not being called to prove its accuracy. The COURT was of opinion that, it being proved that the clerk was employed is taking down the prisoner's statement, and that he afterwards read it in their presence, and the Magistrate then authenticating it by his signature as that which was so read over, it was receivable.—Read)—The prisoner Cayton says,—"I am entirely innocent; when we left the public-house, he asked me to go with him to Gray's-inn-lane; I declined; he asked me to show him to a man named Dunn; I said I knew such a man; I went with him, and saw the policeman; he said he was afraid of some parties following us; he told the constable I was going to see him to his friend—at the corner of New Pye-street, the prosecutor said he thought he knew where he was, and could find his way, and I bid him good night." The prisoner Clare says,—"I was in the public-house, having a drop of beer; I heard him ask about Dunn, and Cayton said he would show him; I walked with him as far as the Session-house, and then I went into Mr. Brees', and came out with Cayton, and a policeman took Cayton, and he asked the prosecutor if he would give the other person in charge; the prosecutor said he would not."—The prisoner Hall leaves his defence in the hnads of his solicitor.
JOHN PORTSMOUTH re-examined. The first public-house where the prosecutor went was the Magpie and Horseshoe, in Palace-yard, about a quarter of a mile from the Nag's Head—the prosecutor was robbed about 300 or 400 yards from the Nag's Head—Dunn lives in Crown-street—that is nearly half-a-mile from where Cayton lives.
Cayton. A man named Dunn was living two doors from me, and I described him to the prosecutor as a short man, with curly hair, and he said that was the man.
(Cayton received a good character.)
CLARE— NOT GUILTY.
HALL— GUILTY. Aged 24.
CAYTON— GUILTY. Aged 28.
Confined One Year.
NEW COURT.—Wednesday, April 5th, 1848.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
1040. JOHN WILLIAM THOMPSON , Stealing, on the high seas, 3 boxes, value 3s., and 600ozs. weight of gold dust, 2,362l.; also, 3 boxes value 3s., and 549ozs. weight of gold dust, 2,161l.; the goods of William Macintosh Hutton and another, his masters; to which he pleaded
GUILTY. Aged 36.— Transported for Fourteen Years.
GUILTY. Aged 17.— Confined Three Months.
1042. WILLIAM JOHNSON and EDWARD WALKER , stealing 1 quadrant, 1 powder flask, and other articles, value 5l. 18s. 6d.; the goods of Francis Harrison, in a vessel on the Thames; Walker having been before convicted.
FRANCIS HARRISON. I am mate of the Malta, which was in the Thames, at Wapping. On 11th March, a little before daylight, I awoke, and saw Johnson, on his knees, at my chest—he did not belong to the ship—he had no business there—he put the light out directly—I found a quadrant, a pair of trowsers, and two waistcoats beside the chest—they were safe in it when I went to bed—I missed my watch from under my pillow; it has not been found—these things are mine (produced)—Waler had no business in the hold—I never saw him before.
JOSEPH SMITH (Thames-policeman, 71.) I went on board about four o'clock in the morning, and found Johnson in the cabin—I asked what he was doing, and what he had about him—he said, "Nothing"—I searched him, and found this powder flask, two silk handkerchiefs, and knife on him.
GEORGE JOHN BRIDGES (Thames-policeman, 47.) I found Walker on a beam in the hold, without his shoes—which were in a barge by the vessel—I searched him, and found some things of his own—I found a lot of things strewed about the cabin.
Walker. Q. How long was it after Johnson was taken? A. About ten minutes.
Johnson's Defence. A man in blue asked me if I wanted a job, and took me on board; I was not on my knees at the chest, I was standing up
Walker's Defence. I was sleeping in the barge; it rained, and I went into the ship's hold.
JOHNSON— GUILTY. Aged 21.— Confined Six Months.
WALKER— GUILTY. Aged 18.— Transported for Seven Years.
JOSEPH CLARK. I am a potman to John Sargent, of the King and Keys. On 16th March, between ten and eleven o'clock, I looked through the crack of the tap-room door, and saw the prisoner put three pot stands under her arm—she wore a shawl—I accused her, she dropped them—I went for a policeman—I am sure she did not knock them down by accident—she got as far as the bar before I accused her.
GUILTY. Aged 34.— Confined Three Months.
to the other end of the shop, came back, and asked if any suited her—she said, "No"—I missed one from the card, and told my master—there was another customer about three yards from her.
Cross-examined by MR. MELLER. Q. The rings were on two cards? Yes; there were six on one, and five on the other, when I took them from the window—none of those on the card with five fitted, and I put it in the window again.
Cross-examined. Q. Did she resist? A. No; I put my finger in too suddenly—this is the ring (produced)—it is marked with two letters and four figures, and has a motto as well—it is the only one of the kind I had.
Cross-examined. Q. There were other women in the cell? A. Yes.
ROBERT DICKER (policeman, B 5.) I produce a certificate—(read—Elien Gorman, convicted May, 1846; having been before convicted; confined it months)—I was present at both trials—the prisoner is the person.
GUILTY. Aged 28.— Transported for Seven Years.
(There was another indictment against the prisoner.)
STEPHEN RICHARD JONES I am fifteen years old, and live at King Head-court, Shoreditch. On 17th march, my uncle sent me to Chancery. lane—I stopped at window in Fleet-street—May spoke to me, and I missed my pocket-book—this is it (produced)—it is mine—it contained a promissory note of my uncle's.
DANIEL MAY (City-policeman.) I was on duty in Fleet-street, in plain clothes, and saw the prisoners and another at the Telegraph newspaper office—they tried several pockets—I watched them a quarter of an hour—they crossed over, and Pinder took a pocket-book out of Jones's pocket, and handed it to Warden, who put it into his pocket, and walked off—I took them both, and took the book out of Warden's hand.
Cross-examined by MR. PAYNE. Q. Where was the third one? A. He stood behind them, but I could see him—there were about a dozen people it the window.
(Pinder received a good character.)
PINDER— GUILTY. Aged 12.—Recommended to mercy by the Jury.
WARDEN— GUILTY. Aged 14.
Confined one Week and Whipped.
GUILTY. Aged 28.— Confined One Year.
GUILTY. Aged 22.— Confined Two Months.
THOMAS WINCH. I am salesman to Mr. Charles Walter, of High-street, St. Mary-le-bone, broker. We had a carpet with a ticket to it, on 11th march, about ten o'clock at night, hung about fifteen feet high, inside a railing.
Cross-examined by MR. PAYNE. Q. How could it be down? A. Only by climbing up a rail—this is it has not been sold.
Cross-examined. Q. was he not drunk? A. Not quite—he was about a quarter of mile from Mr. Walters', staggering across the road, with two or three others.
GUILTY . † Aged 30.— Transported for Seven Years.
MR. ROBINSON conducted the Prosecution.
DAVID BASSEETT. I am a corn-dealer at Uxbridge. On 9th March, I had ten sacks of beans in a warehouse—I missed one in the afternoon, and found it at Harman's stable—I have no doubt this sack is mine—I swear to the beans—they were sent to me to sell.
Cross-examined by MR. BALLANTINE. Q. Is it what you call a pitchmarket? A. Yes—if corn is not sold, it is removed to granaries till the end of the day—Harman is landlord of the Sun public-house—the stable was unlocked—I did not see that it had a lock—there were other buildings near—I do not know whether they are under lock and key—there was some wheat there in sacks, but no corn—a great quantity of corn is brought to that market in sacks—Bull is porter there.
WILLIAM LUKER. I am a porter to Mr. Bassett. On 9th March, about four o'clock, there were ten sacks of beans in a warehouse belonging to him—I assisted Ball with a sack on his shoulder—he went up our loft—I sent a porter named Allen up with a sack—I went to my master's with another—I did not see either of them come down—I was gone about a quarter of an hour—I left the ten sack safe—I came back, and began taking the market sack into loft, and missed a sack of bean from the loft—I told my master—I had not seen any one on the premises that day, except Ball—there was time to remove a sack from there to Harman's while I was away—I left the door unlocked.
WILLIAM SMITH. I am as labourer. On the afternoon of 9th March I went to Harman's to show Barrett nine sacks of wheat—I counted them, and found there were ten—I fetched one away in the morning—I then went again, and found ten—the tenth contained beans—Harman then came to the stable—I told him there was a sack which I through was sack of peas, but I found it was beans, and not to let that go with Mr. Bradshaw's wheat—he said No, he would take care; he should be at home, that he kept the key of the place, no one else had access to it, he had come to lock it up—I pulled the sack down to show him the name of Trumper on it.
Cross-examined. Q. Was this in Harman's stable? A. Yes—the man who employed ne is the habit of putting his things there—I thought he might have put the beans there—the stable-door was shut, but not locked—I was a policeman, but was dismissed about three years and a half ago.
RICHARD ROADNIGHT (police-sergeant T 11.) About five or six o'clock on 9th March, I went to the Castle, saw harman, and said there was a sack of beans lost, and probably they might be on his premises—he said there was no beans there that he was aware of—I said the beans had been stolen, and might be there—he said of they were I should have them; that he had nine sacks of wheat, and two others of wheat, but no beans—I said they were found there—he said he was as innocent as a child unborn, and he did not know how they came there.
Cross-examined. Q. You took no memorandum of this conversation? A. I believe I have given word for word.
STEPHEN MASTER (policeman, T 199.) On the afternoon of 9th March I went with Mr. Bassett to the stable, and found a sack of beans—Harman came in—he said we were welcome to look; that there were nine sacks of wheat belonging to Bradshaw, and two cotchell's—I was standing by the side of the sack of beans—I said, "This seems like beans"—he declared he knew nothing about it—I had seen Ball come from there not twenty minutes before.
Ball. Q. Where did you see me? A. Coming down a passage from the direction of the stable—I could not see the stable from the market-house.
Ball's Defence. I am innocent; It was impossible for my any man to bring out a sack without being seen; Allen must have seen me.
JAMES REGUS pleased GUILTY.* Aged 17.— Confined Three Months.
SAMUEL LAY. I am a painter, of North-street, Lisson-grove. On 19th Feb., about half-past five o'clock, I went to a coffee-shop, in little Marylebone-street, with Bush—I was sober—he was drunk—he wanted some brandy—I gave him a 5l.-note to get some—the prisoners were there—he gave the note to James Regus, told him to get some brandy, and bring him the change.
HARRIET MORRIS. I served Mr. Lay some coffee—the prisoners were there—I saw a note in James Regus' hand—William was with him—James asked me for change for it—I could not give it—he and William Regus went out together—William came back, and James would return with the change directly, and then went out again.
WILLIAM REGUS— NOT GUILTY.
SKNNER pleaded GUILTY.* Aged 16.— Confined Three Months.
HOWELL pleaded GUILTY. Aged 20.— Confined One Week and Whipped.
CHARLES BENJAMIN COAFEE. I am a dyer at Islington. On 9th March, about two o'clock, I was in my back-parlour, heard a noise in my shop, and saw Skinner there—he called out "Shop"—I went—he said, "Have you a man named Williams works for you?"—I said, "No"—he went out and joined the other two prisoners—the policeman came up and said something—I then missed this scarf and handkerchief—I can swear to them by my marks.
HAMBLING— GUILTY. Aged 16.— Confined One Week and Whipped.
FRANCIS BARTLETT. I am foreman to Mr. William Reading. The prisoner was employed to work under me, at Battrsea-bridge—I gave a carpenter some lead to put under a bench in a house—I missed it—I believe this to be it (produced) from two iron nuts in it—that is the only reason—I should not feel justified in swearing to it in the state it is in.
Cross-examined by MR. O'BRINE. Q. I suppose you had a good deal of lead about the building? A. At that time there was but little.
SAMUEL EASTMENT (police-sergeant, V 7.) I was the prisoner, on 14th March, carrying this basket—I followed him to a marine-store shop—he was putting this lead into the scale.
Cross-examined. Q. He said one of the men gave it him, and it was to be melted down? A. Yes.
Cross-examined. Q. How many men were at work that day? A. About six—the prisoner had worked there about a week.
OLD COURT.—Thursday, April 6th, 1848.
PRESENT—Mr. Justice ERLS; Mr. Ald. GIBBS; Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock Esq. and the Fourth Jury.
of—I do not know whose it was—it was safe when I shut the stable-door, between eight and nine o'clock on 3rd March—I missed it about ten—there was not lock on the door—the prisoner lived at the Nag's 5l.—I have seen it since, in charge of the policeman.
SAMUEL WHITE. I am a horse-slaughterer at Thomas-street, Whitechapel. About nine o'clock last Friday night, the prisoner brought the mare, and asked if I would'buy it—I said, "Yes," and asked how much he wanted—he said 30s.—I said I would give him 27s. 6d.—he said I should have it if I would give him a drop of gin—he said it was an old favourite, and the wanted it killed—I said I could not do that, as I was obliged to give the inspector twelve hour's notice—I did not think it ought to be salughtered, I detained it, and gave it and him in charge.
BENJAMIN GUY. On Friday night, 3rd March, I went with the prisoner and the mare, by my master's orders, to Long-lane—the prisoner tapped me on the shoulder, and said, "It is no use, my friend, going any further, for I have stole the horse myself from the Spur, in the Borough"—I took him and the mare back to my master—he sent for the police.
Prisoner's Defence. A man asked me to take it to Whitechapel, and sell it, and told me what to say; and was to give me 1s.; I did not steal it.
GUILTY. Aged 21.— Confined Six Months.
1054. WILLIAM ASHTON , stealing 1 cash-box, 1 brooch, 3 rings, 4 purses, and other articles, value 2l.; and 2 sovereigns, the property of Elizabeth Burden, in the dwelling-house of Thomas Burden, at St. Giles'-in-the-Fields.
THOMAS BURDEN. I live at Store-street, Bedford-square, in the parish of St. Giles'-in-the-Fields. On Friday evening, 10th March, I was in the passage, and saw the prisoner coming down stairs with a cash-box under his arm—I did not know him before, and asked where he had been—he said he had been to see Mistress.—, but could say no more—he dropped the box, and tried to get away—I secured him, and sent for a policeman—he went down or his knees, and begged me to forgive him—I gave him in charge—I saw the box opened at the station—it contained purses, rings, and 2l. 9s. 10d. in cash—this is it—(produced.)
Prisoner. Q. Did not I tell you a gentleman gave it me in the first floor? A. No.
ELIZABETH BURDEN. I live with my brother. This box, and contents are mine—it is worth 8l. at least—it was kept on the dressing-table in the second floor bed-room—the door was not locked—there was nobody up stairs.
Prisoner. Q. Were you up stairs? A. was in the parlour, heard a noise, came out, and saw you on your knees—you only asked for mercy—you said nothing about a gentleman.
Prisoner's Defence. I had not left work a quarter of an hour; a man,
standing at the door, asked me to carry a box; I said, "Yes," and he took me to the second floor, gave it me, and said, "If you see my brother down stairs, go on."
GUILTY. Aged 19.— Transported for Seven Years.
ELLEN BAYLIS. I am single, and live with my uncle, James Pearce, On 27th March I was crossing Witham-common, and heard some one running behind me—the prisoner came up—I had never seen him before—I he asked me to give him some money—I said I had not got any—he said he would not believe it, and tried to put his hand into my pocket—I prevented him, and he pushed me backwards into a ditch—he swore a great deal, and hit me two or three times with a stick—I screamed out, and he ran away—it was a public path—he did not appear in liquor.
THOMAS FRANCIS. I was going through the fields with Stevens, heard a female's cry, and saw Baylis waling along, crying—she complained to me—we went with her to the place—Stevens picked up a glove, which she owned.
JOHN STEVENS. I was with Francis, and heard a female cry out two or three times—we went to the place, and found Baylis—she told us what had happened—we went back with her—she showed me the place—I found her glove there.
WILLIAM BURRIDGE (policeman.) I took the prisoner at Feltham, and said it was for feloniously assaulting a woman, with intent to rob her—he denied all knowledge of it—I asked where he was on Monday—he said he was looking for work, round by Twickenham—this is Mr. Conant's signature to these depositions—(read)—The prisoner says, "It was Saturday, and not Monday, when I met the young woman; I did not want to rob her, I only asked her if she would help a young fellow on the road; I did not push her into the ditch."
Prisoner's Defence. I did not intend to rob her; I only caught hold of her shawl, and pushed her into th editch.
GUILTY. Aged 19.— Transported for Seven Years.
Before Mr. Justice Erle.
MESSRS. BODKIN and WILDE conducted the Prosecution.
EDMUND LANE. I am clerk to Messrs. Rothschild. On 31st Jan. the Prisoner presented this bill to me—(produced)—I asked him if his name was Lorentz Weber—he said it was—I afterwards saw him write that name on the bill, and I made a communication to Mr. Kirchner.
FREDERICK GEORGE KIRCHNER. I am clerk to Messrs Lionel Nathan Rothschild and others. I saw the prisoner at our office on 31st Jan.—he had spoken first to Mr. Lane—I did not see him endorse the bill, but I had instructed Mr. Lane to get it endorsed—after Mr. Lane had told me something, I desired the prisoner to walk into a private room—I asked if his name was Lorentz Weber—he said, "Yes"—I told him, in the presence of Mr. Rothschild, that the bill could not be paid at present; that it must be left to be inquired into on account of an irregularity, and as there was no advice; and
he must leave his address, and call again—he gave his address, "118, Long Acre"—seeing there was a hesitation in paying the bill, he produced this letter, (No. 10.) and said, "Here is a letter I received from my father, containing the bill; and I have received another, on a former occasion, for the same amount"—he gave me this letter to look at—Mr. Rothschild sent for an officer and gave him in charge—I understand German, and have made a translation of the letter.
THOMAS MERCER. I am porter to Messrs, Rothschild, and was at their premises on 31st Jan. The prisoner was detained there in the hall whilst as officer was sent for—while there, I saw him put a letter into the fire—I took it out while it was in flames, and the prisoner said I should burn my hand I put it out—this is it, (No. 10)—I kept possession of it till I gave it to Bryant—I put a mark on it.
MARY ANN LLOYD. My father keeps the Sun coffee-house, 118, Long Acre. I have known the prisoner four or five months, by the name of Weber—we have received letters for him, at his request—they appeared to be foreign letters—I gave them all to him—the letter produced (No. 10) is one gave him on 31st Jan.—it had then been in the house a week or ten days.
ANTHONY HINE. I am a German, and live at 3, High-street, Bloomsbury. The prisoner lived there in Dec. last, and until he was apprehended—I know his writing, and believe this letter (No. 11), which I received on 4th Feb., after he was in custody, to be his—I afterwards gave Forrester, the officer, the papers he has alluded to—I got them from the prisoner's room—these (Nos. 3, 4, and 9) are the same character—I believe them to be the prisoner's writing—I knew him by the name of Bernhard—I did not know him at all before he came to lodge with me—in consequence of receiving that letter (No. 11), I sent for Peter Hoffnagel, made a communication to him, showed him the letter, and he afterwards went to Forrester—the papers did not go out of my hands till they were called for—I have not often seen the prisoner write—I saw him write in his room once or twice—I believe the endorsement "Lorentz Weber" On the first bill to be the prisoner's writing.
PETER HOFFNAGEL. I am the son of George Hoffnagel, of Wartsburg, in Bavaria. In the summer of 1846 I was in London, and had a lodging in Goodman's-fields—I have a half-brother, the son of my mother by a forme marriage, named Lorentz Weber—he came over that year, and lived with me about four months—I know the prisoner by the name of David Bernhard; he was living there at the same time—he and Weber were together a good deal, sometimes for an hour or two—the prisoner is a German, and comes from Baden—he and Weber spoke of our family sometimes—my brother expected 300l. from my father in Germany—I and my brother have talked about that in the prisoner's presence—my brother went away, and went into a situation—the prisoner left before my brother—in 1847 I was in the employment of a baker, in Charlotte-street, Islington—Weber came to me there twice, and the prisoner with him—my brother said in Aug. that he was going to America; he was going that afternoon to Liverpool, and came to wish me good-bye—I wished him good-bye—I have not heard of him since—the prisoner was with him—I have seen the prisoner three or four times since, and asked him if he had not heard anything of my brother—he always replied, "No"—I last
asked him that at Christmas—I did not write to my father after my brother left, in consequence of a little difference between us—the prisoner knew of that difference—I never let my father know that my brother bad gone to America—these letters are my father's writing, (looking at Nos. 1, 2, 5, 6, and 10,) and this burnt letter also—I know Lorentz Weber's writing—I believe these two papers (Nos. 12 and 13) to be his writing.
Prisoner. Q. Did you shake hands with your brother? A. No—he wanted me to pay him some money I had lent him—I heard you advise him to go to America—you said he should go to America—I know tou said many times, "You had better go to America, for it will be better for you"—he authorized you to receive 30s. he had lent Mr. Reswick, because he said he could not wait, if he went to America—if you got it you were to send it to America.
MR. KIRCHNER re-examined. I have made translations of these letters—(These being read, Nos. 1, 2, 5 and 6, were from G. G. Hoffnagel, of Wartsburg, Bavaria, addressed to his son-in-law, Lorentz Weber; relating to various family and business matters, and to the remittance of the 200l.; No. 6, enclosed the 100l. bill; Nos. 3, 4 and 9, proved to be in the prisoner's writing, purported to be answers from Lorentz Weber; in which mention was made of his being engaged in the wine trade, and of his intended marriage, acknowledging the receipt of one 100l. bill, and pressing for the remittances of the other)—the letter, numbered 9, pressing for the remittance of the second bill, was received, with others, by our house, from our correspondent's bankers in Bavaria—the first bill had been paid before that letter was received it was arranged that the second bill should be sent—this is a translation of No. 11.—(read—Addressed, "Mr. Hine, 3, High-street, Bloomsbury. Giltspur-street prison. Dear Sir,—I find myself in a very melancholy situation, namely, innocently by incautiousness, in a prison, namely—on Monday, I met an acquaintance, who asked me to do him a favour, to go to a certain house and fetch a letter for him; he had some reasons he said for not fetching it himself; in this letter there was a bank-note for 100l., which belonged to another party; he requested me to take the same to Messrs. Rothschild's office, and to draw the money for the same; as I had done the same for him once before, I did not hesitate to do it again; he gave me the letter, and said I had only to sign the name of the party to whose order the bill was drawn, and if there was any hesitation, to say I had received the amount of other bills; the brother of this person is Peter Hoffnagel; go to him; he lives at 31, Charlotte-street, Charlotte-terrace, White Conduit-house, and explain the thing to him, and come here with him to-morrow morning early, exactly at ten o'clock; an arrangement between him and me will place me at liberty; do not forget to destroy all my papers which you can find in my room. I am to appear to-morrow at eleven or twelve o'clock; do not fail, everything depends upon it; when you come here ask for Thomas Schuh, and I shall be called; and by all means come, and bring with you Peter Hoffnagel.
Prisoner's Defence. I am unfortunately placed in this painful position, through misplaced confidence in a person whom I cannot produce in Court to substantiate this statement. In Aug., 1847, Lorentz Weber, with whom I had been long on terms of friendship, left England for America; but previously
informed me and another friend, named Thomas Schuh, his wishes respecting some property in his father-in-law's hands; of whom he spoke in a manner that led me to suppose that he considered him more as an enemy than a friend, by keeping him from inheriting some property left him by his real father, and proposed a plan, by which he thought he could obtain what he was justly entitled to; and letters were then written, with his knowledge and consent, to his father-in-law in Germany, by Thomas Schuh, before Weber left London; and from his confidence in me, Weber directed that I should receive his letters, and sign any bill or document where his signature might be required, and, from our total ignorance of law, was not aware that any written authority was required; I, accordingly, having met afterwards with Schuh, he informed me that he held a letter from Weber, just received by him, and which he read to me, in which Weber described his voyage and other particulars; also directing Schuh, or myself, to receive the 100l. from the prosecutor, and to take care of it; some time afterwards Schuh called again on me with another letter from Weber, as he said, and also read it, in which he was requested to forward the 100l. to him, also to take the second bill; I accordingly paid the 100l. over to Schuh, who I always believed send it to Weber: after we had received the second bill, Schuh said, as I signed the first bill I ought to sign the second; I accordingly took it to the prosecutor, and was given into custody, and Schuh absconded, and I have not heard that he can now be met with, as Lorentz Weber, I am informed, is dead, all hope from him is ceased. I can only assert my innocence, and that, if the money is not forwarded to Weber, that I was made a victim of by Schuh.
GUILTY. Aged 22.— Transported for Ten years.
(There was another indictment against the prisoner, for forging the endorsement to the other 100l. bill.)
MR. COOPER conducted the Prosecution.
ELIZA BURGESS. I am the daughter of Mary Richie, and reside at 26, Dudley-street—I have known the prisoner about two years. On 19th Feb. I was in the family way by him—on that day I had been out with him, and he accompanied me home—he wanted me to stop out all night—I said I would not, I would go home—on his leaving, he said, "Good bye, I shall not see you any more"—the next morning, Sunday, I saw him go by the window, and went down to him, and asked him for some money; and he took up a stone, and said he would dash my brains out if I did not go away—I left him and came home, and in a few minutes afterwards, he knocked at the door—I went down, and he struck me in the mouth—I ran up stairs screaming, and as I ran up he tried to pull me back—I laid hold of the banisters, and he left—he came again in about ten minutes, and stood outside the door—my mother was holding the door in her hand—he said, "Send Eliza out"—she said, "I will not send her out, she is not in a fit state to be knocked about"—he said, "I know she is not, I will not knock her about"—when he found my mother would not send me out, he rushed into the room, pulled a knife out of his pocket, and said that was for the pair of us—he made several stabs at my mother—she left the room—he then tried to lock the door, and I said, "Jem, do not lock the door"—I found he was determined to lock the door, and got hold of his arms backwards, turned him
round, and got the door open; and when he found I was getting out, he put the knife over his shoulder, as I stood behind him, and cut me in the forehead—I was getting out of the door—he was in front of me, trying to lock the door—he used very bad language, and said he would rip my guts out—I held the door till the landlord came up, and then ran down stairs—I was afterwards taken to Charing-cross Hospital—no one was near me during the struggle with him—Mary Ann Walker was on the stairs—she went down stairs, before me, opened the door, and cried, "Murder!"—she pushed me down stairs out of the prisoner's way.
Prisoner. Walker was in her own room when it occurred. Witness. She was not, she was on the stairs with her father—the child I have in my arms is yours I can take my oath—I did not live with a man named Fletcher, while you were in the country for four months—I have known no other man but you—I did not leave him when you came back—you told me once before, if I did not leave my mother you would take my life—your sister never found me in bed with Fletcher.
MARY ANN WALKER. I lodged with Mary Richie. On the morning of 20th Feb. I was reading in my room—I heard some words, and went up stairs, and saw the prisoner with a shoemaker's knife in his hand in the room—I saw him strike Mary Richie—I afterwards saw him strike Eliza Burgess with the knife—she was behind him, and had hold of his arms, and he struck her over his shoulder—blood flowed from the wound—I went into the room, and laid hold of Eliza Burgess, and the struck her in the back with the knife—the blood flowed from her back over my right arm—I endeavoured to get her away from him, and got her down stairs.
Prisoner. Q. Where were you when I went into the room? A. In my own room—I heard words, and came on the stairs to listen, and saw you go into the room, and I followed you—you held the knife in your right hand, and you cut two or three of your fingers with it—you injured the old woman first—the prosecutrix was behind the bed-curtain when you first struck her—I saw you strike her with the knife—I got hold of her, and got her out—I was at the room-door—It was not closed—You struck her twice.
Prisoner. I struck her three times. Witness. I only saw it twice.
NOBLE JOHNSON. I am a shoemaker, at 25, Dudley-street. On Sunday morning, 20th Feb., the prisoner came to my shop for the loan of a knife to cut the sole of his shoe—I gave him one—he said it was not sharp enough—I gave it two or three rubs on the hone, and brought an edge to it—he went away, and said he was going to his lodging, and would come back with it in about ten minutes—I saw no more of him till I beard "Murder!" called out, and the prisoner ran out—this is the knife—(produced)—I am sure I sharpened it—he did not do it himself.
Prisoner. Q. Did not you tell me to ask you brother for it? A. No, my brother told me to give it to you—you put your thumb on it, and said it was not sharp enough—I saw you go to Burgess' door—I did not see what passed.
JOHN CALVERLAY. I am a tinman, at 18, Dudley-street, directly opposite No. 26. On Sunday morning, 20th Feb., about eleven o'clock, I was looking out of my window, and saw a knife thrown from the window of No. 26—I picked it up, and gave it to the police, at Bow-street—there was blood on it, quite fresh.
Prisoner. Q. Is there not a wall between your house and 26? A. Yes—about twelve feet.
Prisoner. I threw the knife about six yards from the window.
THOMAS GORLING (policeman, F 68.) My attention was called to 26, Dudley-street, on Sunday morning, 20th Feb., about eleven o'clock; I saw the prisoner in the street—his right hand was bleeding—I took him in charge, and took him to the station—whilst there, the surgeon's certificate was handed to the inspector, and the prisoner said, "Am I to die! am I to die!" and he said he would die for any woman who cuckolded him—I produce the knife, which I received from Calverlay.
JOHN WILLIAM BILLING STEGGALL. I am house-surgeon at Charingcross Hospital. Eliza Burgess was brought there on the morning of 20th Feb.—I examined her immediately—she had a wound across the small of the back, about an inch and three-quarters long, and about a quarter of an inch deep, and a wound across the upper part of the forehead two inches long, and nearly to the bone—they were not of themselves dangerous wounds—they were likely to be made with such a knife as this—they were well in three weeks.
Prisoner's Defence. Some words happened between us at the door, and I gave her a knock in the mouth; it did not hurt her; she ran up stairs, I followed her, caught her by the gown, and it tore; I then went round Seven Dials, and came back again in about half an hour, and went up stairs; I rapped at the door, the old woman came out, and asked what I wanted; I said I wanted to come in, and cut a piece off my shoe; I had the knife in my hand, which I had borrowed; I went in, and laid the knife down; she caught it up in a passion, and swore at me; I grasped it in her hand, and it cut her wrist; she struck me two or three times on the head with the bellows, and I, having taken a drop, and being in a passion, pulled the knife out of her hand and cut three of my fingers, and the prosecutrix coming up, I knocked the knife backwards, and it caught her in the forehead; the old woman came at me again, and I struck her in some part of the chest or stomach, but I made for the bone, not for the bowels; she staggered, the prosecutrix caught hold of me, and I knocked her down on the bed; the old woman, who is stronger than me, struggled with me again; we fell, and the knife cut her in the thigh; she then got up and went out, leaving Eliza and me alone; I said to her, "For God's sake don't aggravate me any more, or I shall hang for you;" she said, "That is what I want you to do for me;" I turned her round to frighten her like, and gave her a knock with the knife in the back; I then caught hold of her, and chucked her right bang down the stairs, she gave such a screech that all the people came round the house; I stood in the room five or six minutes, thinking of what I had down; I was very sorry for it; I chucked the knife out of window, and went down into the street, and was taken into custody.
(George Gillman, who had known the prisoner ten years in Ireland, gave him a good character.)
GUILTY on 1st Count. — DEATH RECORDED .
MR. PAYNE, JUN., conducted the Prosecution.
the Cheshire-cheese—the prosecutrix and prisoner were there—he wanted to go home with her—she made him no answer, I believe—he used a very bad word, and said he would beat her brains out, and took up a poker from the fire-place, with both hands, and hit across the head—I only saw him strike the first blow—her head bled—she was taken to the hospital—they were not tipsy.
Prisoner. Q. Were not you at the Star and Garter? A. yes; about twelve in the day—you and the prosecutrix were there then and remained about twenty minutes.
ELIZABETH HARRIS. I am single—I lived at Union-street, Sloane-square. On 7th Feb., about ten o'clock at night, I was at the Cheshire-cheese—the prisoner was there—I had known him since Sept.—he wished to go home with me—I objected, and got up to go home—I received three blows at the back of my head—the third knocked me down, and I had not power to move—I recollect nothings more—I had a bonnet on—I put up my hand in falling, and it was very much injured—I was taken to the hospital, and was there eight weeks—he had been drinking a little—I do not think he was tipsy—he had had no provocation.
Prisoner. I lived with you four months; you were always tipsy, and I was obliged, to leave you; every day you took something and sold it for drink. Witness. It is false, the goods were mine—I did sell some of my furniture to a broker—you threatened my life twice before—I was obliged to keep away from my shop for a week, because you said you would do for me.
THOMAS BEDSOR (policeman, B 38.) On 7th Feb., about half-past ten o'clock, I was called into the Cheshire-cheese, and saw Harris in a chair, and a doctor dressing her head, which had two wounds, and there was a wound on her finger—this is the bonnet (produced)—it has blood on it—I received this poker from the landlord's son—O took the prisoner there—he was not drunk—he understood well what he was about—he went very well to the station—he was not the worse for liquor—he made a statement which the Magistrate signed—this is it—(read—"I have nothing to say, only it was done at the moment, in the heat of passion.)
WILLIAM CHARLES PATON. I am house-surgeon, at St. George's Hospital. on 8th Feb. Harris was brought there—I examined her directly—there were two small incised wounds on the upper part of her head, which brought blood, one an inch long, and an injury on one of the fingers—she complained of a blow on her shoulder, but there was no mark—the wounds might have been made by this poker, it has an unusually sharp edge—there was a slight bruise and two decided cuts—the membrane of the bone was divided—it must have been done with considerable force—it is extraordinary that it was not worse—she was not out of danger when before the Magistrate—she only left the hospital yesterday—it is not quite healed yet.
Prisoner's Defence. I have no recollection of it; we had been drinking about eleven hours, and were both very tipsy.
GUILTY. Aged 44.— Confined Two Years.
MR. CLERK conducted the Prosecution.
BENJAMIN WENMAN. I am a painter and glazier, at 8, Gun-square, Houndsditch. I am twenty-four years old, and have known the prisoner about three months—she went into service a few weeks before March—she came to my mother's, where I live, on Monday, 6th March, and asked me to go out for a walk—we went, and passed the night at 7, Angle-alley, Whitechapel, and she spent the whole of Tuesday with me, and we passed the following night there—we had no words—she had not left place—on the Wednesday evening we were in a public-house, in Bishopsgate-street, and had two pints of porter—she fetched a half-quartern of rum from the bar—I did not send her for it—she gave me a glass of it, which I drank, and found it a scorching heat—it burnt my tongue and throat, and caused me to vomit—I complained to the landlord—he drew me a small quantity of the same rum, as he said—I drank it, and found it quite different—I was sick after drinking what the landlord gave me—the prisoner did not drink any of the run she brought me, she put the glass to her lips—when I returned to the tap-room, after I had vomited, there was some left, which I passed to some people in the tap-room—they tasted it, and said it was a scorching heat, and burnt their tongues—I told her if she did anything to harm me I would make her pay for it severely—she said, "Do you think I would hurt you, dear Benjamin"—we slept at the same lodging—we had no dispute—I awoke about half-past four o'clock, next morning—the prisoner was then by my side in bed—I went to sleep again, and awoke just before six, and wanted to get up as I had work to do—she persuaded me to lay down for another half hour—I did so, and fell asleep—I was awoke by a sharp blow on the right temple—I started up, and found her kneeling on the bed, with her hand on the hair of my head—she again attempted to stab me with a penknife—I seized her right hand, and struggled with her, and got out of bed, and got it—she got out of the room—I was bleeding very much—she held the door—I pulled it open—she ran down stairs—I gave an alarm—a policeman came—I was taken to the London Hospital, where I was about a week.
Prisoner. I fetched the rum myself, as I did not wish him to know what money I had; he was always asking me for money; I sipped some of the rum myself, and spit it out directly. Witness. She did not—she said the stuff must have been in the measure, for she had none about her—I was not in the habit of obtaining money from her—I did not give her any—I was in work at the time.
Prisoner. I stabbed him with intent to hurt him, but not to take his life.
JOHN ROSS (policeman, H 50.) On 9th March, about a quarter-past seven o'clock in the morning, I was called to the house, in Anglealley—I found Wenman bleeding very much from the head—I went up stairs, and found the prisoner on the top floor, standing by the bed side, partly underssed—I told her the charge—she said she did not care, she would be satisfied to be hanged for him—she pointed out a knife in the bed, and said, "There is the knife lying in the bed, and the other part of the blade, I think, is in his forehead, for I cannot find it"—I could not find the other part—there was a good deal of blood in the bed and on the stairs—as I took her to the station, she said they had had a quarrel in bed that morning, and she told him she was in the family way by him, and he replied, that if she was, it was none of his; that he would do nothing for her or the child; that she might do what she could for it.
BENJAMIN WENMAN re-examined. There had been no dispute between us about her being with child at any time—there had been no unkind words between us the night before—I did not tell her she must provide for the child—she had never told me that she was with child—she had been in no place where I had been on terms of intimacy with her, and so caused her to lose her situation—she did not complain to me of that—I had been to her at that situation—she had been in a place before this, which she left on the Monday night; I kept company with her there—I do not know how she lost that place—I had no conversation with her about it in those three days—she told me she left her last place because, instead of coming down to call the waiters to their supper she range a bell, and her mistress told her she ought to know better—she did not lose it on account of my visiting her—she lodged at my mother's for a week.
WILLIAM PEARCE (policeman, H 154.) The prisoner asked me at the station if the knife was found in his head or underneath the ear—I said I did not know—she said she was very sorry, and said, if it had been under the ear, she supposed it would have done for him quickly—I had told her where the wound was—she said she had known him four or five months, that he had had connection with her, and that after a short time she told him she was in the family way, and after that he proved quite different to her, and said she must go and find another father for it, for he would not—she said he had been out of work five or six weeks, and she had supported him a great portion of that time; and that night, going to the lodging, she had only 18d., and she paid that for the bed—the next morning they* * *, that she had not a farthing in her pocket, that he turned round at her with a sort of sneer, that she did not know what to do, and therefore she inflicted the wound; that her intention was to have done for him, as he was so unfeeling to her; that he ill-used her; that he had very often jeered her, and d—d, and he had said things which it did not become her to talk about to a decent person.
HENRY JAMES WORDSWORTH WELCH. I am house-surgeon at the London hospital. On the morning of 9th March, Wenman was brought there—I found an incised wound on his temple, about three-quarters of an inch deep—the blade of a penknife would have caused it—the temporal artery was cut through—I probed for a portion of the blade, but did not find it—he was extremely faint from loss of blood—he was a week in the hospital.
JOHN ROSS re-examined. I heard the prisoner make a statement before the Magistrate, which was taken down, and I saw her and the Magistrate sign it—(read—The prisoner says,—"I shall like to tell the cause of this; I left my place on Monday night, and he asked me what I was going to do; I said I did not know; I asked him if he could tell me of a lodging; he said, 'No, not that night;' we were together that night, and last night the same; he wished me to get a lodging, and I said I would; he said I should not come to his mother's, and told me it did not matter what I suffered, because he should not look on me himself; he got me out of my last situstion, and that has troubled my mind much; I staid with his mother a week, and caught a complaint from them they call the itch; I said to him last night, I was very unhappy, and did not care how soon I was out of this world; he said, 'The sooner the better,' he hoped I did not intend to hurt him; I said, 'No;' he said, if I did, he would run a knife into me; he attempted several times to strike me; last night, whenever I said anything to him, he abused me, and called me everything but a decent girl to him; I told him I knew nobody besides himself, though it was not right of me to do so; when
I took the penknife this morning and placed it to his ear, it was not with intent to hurt him as it did; with his jumping it broke the blade, and with that I jumped out of bed and ran out of the room—I am very sorry I done it; I am a widow, and have had four children; but they are all dead; I believe I am in the family way now by Benjamin."
Prisoner's Defence (written.)—"wen I had don all that lay in my Power for Bengeman winman he sed he wold leave me and as I was in the famaley was allwase quarrling with me he aggreveted me to do wat I did do that is the truth."
GUILTY on 2nd COUNT. Aged 28.— Transported for Ten Years.
MR. BRIARLY conducted the Prosecution.
WILLIAM ROBERTS. I am a harness-maker, at Upper Fitzroy-place, New-road. ON 24th Feb., about three o'clock in the morning, I was at the bar of a public-house, at the corner of Foley-street—the prisoner came in—he is deal and dumb—he had a pipe in his hand—he made a motion with his mouth—I thought he wanted a bit of tobacco, and was going to give him a bit—my friend said, "He looks very spiteful; if you do not mind, he will thrust that pipe into your eye"—I said, "No, he will not, as I shall say nothing to him"—he went towards the bar—the landlady beckoned him to go away, as if she did not want him in the house—I gently laid hold of his arm, and led him outside the door—he was on the threshhold, turned round, and made a desperate thrust at me with his fist in the eye—I tried to lay hold of him, and made a run at him, and he hit me a second time in the same eye—I fell on my temple, and recollect nothing more, for five or six minutes, when I was in the hands of the police—I was taken to the hospital, and was there till the 21st of March—I offered him no violence—I cannot say that either blow was intentional—to the best of my recollection I said, "Come on, old fellow"—he must have turned round to have struck me by the way I held him—I think the pipe had a little spike to the bowl.
Cross-examined by MR. HORRY. Q. Was it the bowl of the pipe that struck you? A. I think so—I think it was in his right hand, and that I laid hold of that arm—I did not notice that he was drunk—I had never seen him before—I had been at a party at Holborn since ten o'clock—I was perfectly sober.
JOHN ROBERTS. I am a carver and gilder, at Mary-street, Regent's-park—I am no relation of the prosecutor. On 24th Feb., about three o'clock in the morning, I went with him to the public-house—the prisoner came in and made dumb motions—there was blood and scratches on his fist as if he had been fighting; and he appeared very savage, as if he had been excited—my friend took him by the left arm, by the advice of the landlady, as she wished him to go—as he went out, he turned round, with a short pipe in his right hand, and put it in his face—he turned as if to strike him—it was not accidental—I only saw one blow—I had been to the party—I had only had a drop of porter to drink—my friend was quite sober—we only had a pot of porter at the public-house.
Cross-examined. Q. Did the prisoner look intoxicated? A. As if he had been drinking—it was done in half a second—I only saw blood on his wrist
JOSEPH DIXON. I am house-surgeon at the Middlesex-hospital. On 24th Feb. Roberts was brought—there was a slight wound under his left eye-lid, the upper and under lids were enormously swollen—the eye was considerably inflamed, and for a long time there was danger of losing the sight—in about ten days he had erysipelas in the head and face, not every sever, but it is always dangerous—he has perfectly recovered his sight, but there still remains a weakness.
(The prisoner received a good character)
GUILTY of an Assault. Aged 22.— Confined One Week.
NEW COURT.—Thursday, April 6th, 1848.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. FARNCOME; Mr. Ald. CHALLIS; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Sixth Jury.
GUILTY. Aged 15.— Confined Fourteen Days and Whipped.
GUILTY. Aged 19.— Confined Seven Days.
GUILTY. Aged 26.— Confined Seven Days.
GUILTY. Aged 40.— Confined Three Months.
MR. WILDE conducted the Prosection.
WILLIAM TENT. I am a hosier, at 21, Royal Exchange. On Saturday evening, 18th Dec., the prisoner called to purchase hosiery—he had two merino waistcoats, two pairs of drawers, four pairs of half-hose, three shirts, a scarf, two handkerchiefs, a pair of gloves, a pair of braces, and two collars, amounting to 4l. 15s.; he tendered me a check for 5l.—I had some hesitation about taking it, and he said, "I will give you a check for the exact amount"—I eventually took the check for the 5l., and gave him 5s. change—my boy took the parcel to the omnibus, and I sent another boy to go outside the omnibus, and to follow the prisoner—that boy is not here—this is the check—the alteration of the date caused my suspicion—I presented it on the Monday morning—I got nothing for it—I was told there were no assets—the prisoner mentioned a customer's name to me in the first instance, which put me off my guard, presuming he was a respectable man—he also stated he had been in the habit of using the Gordon and the Tavistock Hotel.
Cross-examined by MR. PARRY. Q. What was the name of the customer whose name he mentioned? A. Bellinghurst—the prisoner did not ask for credit in the first instance—he selected the goods as if he were going to pay for them; and then having selected them, he tendered the check—I should not have let him have the goods without payment—the date of the check is rather curious—the "I" is in ink—the other part in pencil—it was not written in my shop—he took if from a book, with what I presume were other checks.
JOSEPH HAYS. I am clerk in the London Joint Stock Bank, Pall-Mall. I cannot say that I know the prisoner personally—a person named George William Rowley had an account at the bank—it was closed on 31st Dec.—except from the books, I have no knowledge about it; and by the paid checks which I have here—the account was opened on 1st March, 1847, by a cash payment of 150l.—that was the only cash payment we received—I have here an extract from the ledger, which is partly kept by me—I have paid checks of the prisoner's across the counter—I cannot say that I recollect seeing him at the bank—some of those checks have been paid by myself—the first entry is in the writing of a clerk who is no longer in our employ—when the account was closed on the 31st Dec., there was a balance of 3s. 6d.—we closed it by charging 3s. 6d. commission—the last check we paid was on 30th April—I believe he never had a pass-book—we wanted to get back our check-book from him, and wrote for it, but were unable to get it—we never made any charge for the check-book—it is usual at the close of the account to request the check-book to be returned.
COURT. Q. Were several checks presented, and not paid? A. Yes, because we had not sufficient funds—they were in the same handwriting.
MR. PARRY. Q. What book is that you have in your hand? A. The cash receiving book—it is chiefly kept by me—here is an entry of 150l. in 1st March, of George William Rowley's—this indicated that he paid in 150l.—he had no account at the bank prior to that—there is no other entry in this book relating to the prisoner's account—the vouchers I have in my hand exhausted the whole account within 3s. 6d.—this book is completed—I know nothing of the prisoner's property—I understood he was married—Mrs. Rowley never paid any money in on her husband's account—we had never furnished the prisoner with any statement between himself and the bank—I do not think he ever made any application for a pass-book—I think he never had one.
Q. I see here is a check, dated Jan. 7, 1847, and another on the 10th Feb., how comes it that you paid checks in Jan. and Feb. for a gentleman who only had an account in March? A. These are not Mr. Rowley's vouchers, they are Mrs. Rowley's—she had an account—that is closed—I cannot tell when it was closed—I cannot tell whether this is the last check she drew, or whether she drew checks between April and Dec.—she wrote a check on 26th March—she had not paid money into our bank on account of her husband—I enter the money that I receive—I am the head cashier—another cashier assists me—money may be paid to him without my knowing it—it does not appear from the ledger that Mrs. Rowley had paid money is—the ledger is not here
of the Joint Stock Bank, and a check filled up for 5l., signed "G. W. Rowley"—I have some checks which I received from other parties—the prisoner told me, when I apprehended him, that he intended to have called hat day and paid Mr. Tent his account.
MR. PARRY to JOSEPH HAYES. Q. Does it happen that after accounts are closed at your bank, persons draw checks which are returned by you, you having no effects? A. I should think it a very rare occurrence—it might be possible.
GUILTY. Aged 54.— Confined One Year.
(There was another indictment against the prisoner.)
MR. PLATT conducted the Prosecution.
GEORGE HOEY. I am a stationer, in King-street, St. Luke's. On Saturday evening, 1st April, about eight, or half-past eight o'clock, I saw the prisoners in company in Henry-street, St. Luke's—I knew them before, and watched them—they went down Henry-street, and were in conversation together—they passed Mr. Cole's oil-shop, and William Chick, the father, looked into the shop—they then talked together, and I saw William give something to Francis—I could not see what—they them separated, and Francis returned to Mr. Coles'—William was then about twenty yards off, and just turned a corner, out of sight of the shop—I followed Francis into Mr. Cole's, and heard him call for a quarter of a pound of soap—he put down a shilling—I said Morgan, the shopman, "Look at that shilling"—he looked, and found it was bad—he told the boy so—he said his father gave it him, and he would go an fetch another one—I took him out, and was going home with him—he gave his address, in Anchor-yard—I got half-way up the yard with him, when I thought I had better take him to the station, which I did—I gave the shilling to Brannan—Morgan had returned it to the boy, and I took it out of his hand—I went with Brannan, and another officer, and pointed out William Chick, standing in Old-street, about 200 yards from the shop—I said, "That is the man that was with the boy before"—he said, "What is the matter?"—I saw him draw his hand out of his trowsers' pocket, and put it behind him—the officer seized it, and took a box out of it—he said he had found it.
ARTHUR MORGAN. I am shopman to Mr. Cole. On 1st April Francis Chick came and asked for a quarter of a pound of 5d. soap—Mr. Hoey followed close upon him—I served the boy, and he gave me this counterfeit shilling—I marked it, and gave it him back—Mr. Hoey took it from him—he said his father gave it him, and he lived at 8, Anchor-yard.
JAMES BRANNAN (police-sergeant, G 20.) On 1st April, Francis Chick was brought to the station by Mr. Hoey, who gave me this stilling—I went to Old-street, and William Chick was pointed out to me—I took hold of him, told him I belonged to the police, and he was suspected of having counterfeit coin in his possession; and his little boy was in custody for uttering counterfeit coin—he said nothing, but I saw him swing his arm round, and Tate took a box from his hand—he said, "That I picked up this evening"—the box was opened, and ten counterfeit shillings were in it—he had two good sixpences, and 10 1/2d. in copper.
ten counterfeit shillings, wrapped up separately in paper to prevent their rubbibg—he said he had picked the box up that evening.
William Chick's Defence. I was passing St. Luke's, and saw this box, and saw what was in it; I was not aware it was bad; I put it into my pocket; some of the money got out, and as I had some things to buy I sent the boy; a friend took me up Ironmonger-row to have a pint of beer; I came back, and was taken by the officer.
(William Chick received a good character.)
FRANCIS JOHN CHICK— NOT GUILTY.
WILLIAM CHICK†— GUILTY. Aged 52.— Confined Two Years.
MR. BALLANTINE conducted the Prosecution.
JAMES FENDELL. I am a dredgerman, and live in Windmill-court, High-street, Lambeth. On Thursday night, 27 the Jan., about half-past seven o'clock I was at the Cross-keys, Fore-street, Lambeth—I saw Oakley, May, and Deacon there—about twenty minutes to nine, I saw all the prisoners against Mash's barges, at Millbank—they had three boats, and were in a barge getting coals, and putting them into their boats—I was in a boat alongside, getting two or three coals—I had no right to them—the Thames-police boat came up—the prisoners made heir escape up a plank, on to the timber, alongside the coalwharf, and out into the road—there was no mud between the barges and where they had to land—I had known them all before—they had baskets to get the coals out with—I was left there—Edward White had been in the boat with me—he escaped, I was taken—as soon as I got to the police-ship I made a statement to the inspector—I did not tell him about White—White was using one of May's baskets—it was a white one, and had a blue mark on it—the boats they had were May's, Vernon's, and Beadle's.
Cross-examined by MR. PAYNE. Q. How many times were you examined before the Justice? A. Once—I was there four times—I was in Perring's boat with White—White hired it to go dredging with—I was not accused of stealing coals on 26th Jan.—I did not have above a peck on the 27th—that was the first time I had any—I went there because White asked me—Mr. Bridges has not promised me a new suit of clothes—he had not given me a pair of trowsers, nor any clothes—White had a blue coat on—my sight is bad, but I could see the mark on the basket—there is a gas-lamp on the wharf.
Cross-examined by MR. PARRY. Q. Where is White? A. I do not know—I was working for Mr. Perring, a fisherman—I have been in the employ of a chimney-sweeper—I fish in summer, and sweep in winter—I am nineteen years old—I never was in any difficulty.
WILLIAM THOMAS BRIDGES (Thames-police Inspector.) On Thursday evening, 27th Jan., I was on duty on the river, at twenty minutes before nine o'clock—I saw some barges lying off Millbank—I came up to Fendell, in a boat—I found in it one hundred-weight and a quarter of coals—there were three other boats lying there, fast to a barge, named the Richard—I found ten cwt, and a quarter of coals in them—I examined the Richard—the coals in it had not been levelled down—there was a bilk, and in the
entre there had been coals removed—next morning I found a coat in the barge, and four baskets at the bottom of the heap of coals—I took Fendell into custody—there was a plank from the barge on to the wharf—I saw a man run up that plank—I saw him sideways, and I believe it was Clark, but he is dressed differently now—I had known him before—Fendell made a statement to me, in consequence of which I took May about a quarter to twelve that night, where he reside, in Fore-street, Lambeth—he was in bed—I told him the charge—he said he knew nothing about it—I took Beadle at his house, a short distance from May's—he was in bed—I asked him where his shoes were—he said, "Under the bed"—I found they were not dry, they had river mud on them and dry coal-dust, and the top of the right shoe was covered with coal-dust—I took Deacon in another court, a short distance off—he was in bed—I found his shoes under a chair, by the beside—they had coal-dust on them, but no mud—some of the prisoners could have go on shore without going into the mud, by going along the plank—I apprehended Oakley on 31st Jan.—I told him the charge—he said he knew nothing about it—I found this blue coat in a boat, pointed out by Fendell, and this basket, with a blue mark on it—it is a common kind of basket.
Cross-examined by MR. PARRY. Q. You found very little dust on Deacon's shoes? A. Yes; but sufficient to show that he had been amongst coals that night—if the coal-dust on their shoes got wet it would not sparkle, and the dust on his shoes was sparkling.
Cross-examined by MR. PAYNE. Q. How far was he from you? A. The length of this Court—there is a lamp in each side of the wharf—there are gates to the wharf—I went on the wharf after Clark, but could not catch him.
THOMAS GOOSE (policeman, L 160.) This blue coat was shown to me by Bridges—I have seen May wearing it several times—I am on duty in the district where he lives—I have been in his house several times, and have seen a basket similar to this there—on the night of 27th Jan. I saw May go into his house between ten and eleven o clock, and at a quarter before eleven, I saw Deacon come down Princes-street, which is near his house.
WILLIAM BEADLE. I am a fisherman, in Fore-street, Lambeth. Three boats have been pointed out to me; one of them was mine, one was Vernon's, and one belonged to the prisoner Beadle, who is mu cousin—I do not know how my coat came to be by the barges—I had lent it sometimes to Clark.
Cross-examined by MR. PAYNE. Q. Do not sometimes take French leave, and take boats without paying for them? A. Yes; dredger-men are allowed to sweep the barges after the coals—there is a good deal of dust in them.
BENJAMIN SWAINE. I am employed by Mr. Claxton, the superintendent of the Leesing Thorn Coal-wharf. I have seen the coals found by the officers—they correspond with the coals that were in the barge Richard.
Cross-examined by MR. PAYNE. Q. Who is Mr. Spottiswoode? A. The
Queen's printer—he is owner of the Leesing Thorn Colliery, in Durham, and we sell the coals at this wharf—I hand the proceeds to him.
DEACON, BEADLE, and OAKLEY— NOT GUILTY.
MAY*— GUILTY. Aged 32.
CLARK— GUILTY. Aged 21.
Confined Six Months.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
SAMUEL DOBBS. I am a hosier, in Princes-street, Westminster. In Aug., 1844, the prisoner came to my shop—he ordered some stockings, gloves, cravats, and other articles, amounting to 7l. or 8l.—he said he was going abroad, and he wanted an outfit for his wife and children—he said, "As soon as you have completed the order, send your account, and I will return you your money"—he said short reckonings made long friends—he wrote his name and address in my book, "Dr. Green. 3, Curzon-street, May Fair"—I think I saw the prisoner again after taking the order, and before I sent the goods—I sent the goods by my son—the prisoner said they were to be takes at four o'clock, and he would give a check.
Cross-examined by MR. PRENDERGAST. Q. How many orders were given. and how many timed were goods sent? A. At different times—not all in one lot—these were things had at various times.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
ANN GAFFNEY. I am single, and am in the service of a coffee-shop keeper, at 39, Drury-lane. The prisoner occupied a room there with his son—I had a large box in my room, locked, and a small box inside it, locked, but the key was left in it—I had the key of the large one in my pocket—on the morning of Friday, 3rd March, about half-past nine o'clock, I had 12s. 6d. safe in the small box, in half-crowns, shillings, sixpences, a 4d. piece, and some halfpence—it was all the money I had got—about half-past five that evening I went to the box, found it unlocked, the small box open, and the money gone—the doors of the prisoner's room and mine are opposite to each other—if he came out of his room, he could see into mine—my box stood by the door, in view of he landing—when I went it my room in the morning, the door was open—the prisoner was in his bed-room—his door was shut.
Cross-examined by MR. PRENDERGAST. Q. He had a room in the house for some little time? A. Yes—he paid my master for his lodging on the Saturday, with a half-sovereign, and said he was about leaving, and I had him taken up—he always paid on Saturday morning—he had been there two Saturdays—he had a carpet-bag, and another bag there—when the prisoner wanted anything in his room, he did not call me—his son used to come down to the bar for what he wanted—there was a soft brush that was kept in the prisoner's room—it was not taken out of his room by any of us, because the servant said he would be asking for it again—he was always making us run up and down stairs—he and his son were more troublesome that fortnight than a person being there for a month—ours is a well-regulated coffee-house—the prisoner's room was on the third floor—the children's bed-room is on the second floor—the children are on the first floor.
MR. CLARKSON. Q. What was the amount of his rent? A. 5s. a week, and he used to have his breakfast—my employ was in the bar—I has nothing to do with waiting on him—my room would be left when I was down stairs—the brush was never kept in my room.
CHARLOTTE ROTHERHAM. My father keeps the coffee-house. On Friday, 3rd March, I was at home about half-past three o'clock, in the second floor, and I heard footsteps in the room on the third floor where Gaffney slept—I went up, and saw the prisoner in her room, by the side of the bed—the box was ket by the door, which is about a yard from the bed-side—he had a brush in his hand—he said he had come in to fetch the brush—he said he would put the brush where he took it from—that was before Gaffney had missed her money—I told her what I had seen, and went up to look—the brush was not kept in her room—it was in his room always.
Cross-examined. Q. You are generally on the second floor? A. You, all day—I was nursing my sister, who is ill—I kept the house rather still.
COURT. Q. Then did you hear these footsteps plainly? A. Yes—I went up because I heard the prisoner in the servants' room—I did not know his step, but I found it to be him—I went up directly.
WILLIAM MAYS (policeman, F 132.) On Saturday morning, 4th March, the prisoner was given into my custody—I told him he was charged with stealing money—he said he knew nothing at all about it—on the road to the station, he said he would pay the girls what they had lost—I found on him a half-crown, a 4d. piece, a penny, and two halfpence, and a key—I tried the key to the box in Gaffney's bedroom, and it locked and unlocked it—the prisoner said it was the key of his drawers at Southend—he said he lived at Southend, near the public Library, that there was no number, and he did not know the name of the street—he said he had a wife and seven children, and six of them were down there.
Cross-examined. Q. Did you not go to Gravesend? A. No—I believe his residence was there—I believe this key fitted a drawer there.
MR. BALLANTINE. Q. Are you quite certain be said Southend? A. Yes—I asked him three or four times, before he was charged sand after he was remanded.
GEORGE MARSH (police-inspector F. The prisoner me his direction as "Southend, near the public Library"—I went there, and made inquiries, but could not find a Dr. Green with a wife and six children, or without them—I went to Gravesend, having seen the prisoner's address on some letter.
Cross-examined. Q. You found his family there, and the drawer which this key unlocked? A. Yes—I went down ast his own a second time—there was scarcely anything in the drawers—they appeared to be about moving—his wife and children were there.
WILLIAM MAYS re-examined. The key found on the prisoner opened the prosecutrix's box, and locked it again quite readily—the box was locked when I went to it—there was no key in the lock of the prisoner's room door—he could look through the keyhole into the servant's room.
ANN GAFFNEY re-examined. The prisoner was no it taken till the next morning, because my master said I had better not give him in charge that night, it would be too late—I did not find the brush in my room after the prisoner had gone out—he come home about one o'clock—my master sat up for him—I did see him come home—I went to bed at ten o'clock—I did not look at the half-crown that the prisoner had, I looked at the fourpenny piece—It was not mine.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
ALEXIS BENOIS SOYER. I live at 23, Leicester-square, and am cook to the Reform Club. I knew the prisoner for a short time, and then lost sight of him—I met him again one night at Drury-lane Theatre—he said, "Will you allow me to come and see you?"—I said, "It will do me great pleasure, call to morrow, or any day you like"—next day or the day after, he paid me a visit, and begged a book of mine, which he said he would give a review of in the Parliamentary Chronicle—I said I would send on to his house—in two or three days he called again, and said, "I have been writing an article for you, will you give me an advertisement for my paper?"—I said, "Yes"—he said, "This I will put in for nothing, but the other will you 10s."—I was starting to a friend about an advertisement in the Times, which I was desiross to appear next day—the prisoner said he lived close to the Times office, and he would do it for me—he then proposed that his son should go instead, and I gave to his son a sovereign, to pay for the advertisement—next day the prisoner came again—he said, "You have seen your advertisement all right?"—I said, "Yes, I am much obliged to you"—he then presented this medal to me, and said, "You gave my son a bad sovereign, and I gave a good one for it"—I objected to it, being confident I had given him a goods one—after a little conversation, I gave him a good one—seeing the advertisement in the paper I believed him—the prisoner then left, and I did not see him again.
Cross-examined by MR. PRENDERGAST. Q. He said his son went to the Times office? A. He said so—I understood that his son and he went together—he said, "This is the thing you gave my son for a sovereign"—he did not call it a medal, he said "a bad sovereign," and he had given a good one in the office for me—he put this into my hand—he did not say he had given his son a good sovereign to give at the office, he had he gave it himself.
COURT. Q. Did you look at this before you gave him the other sovereign? A. Yes.
SAMUEL SIMONDS. I am printer of the Times newspaper. About ten or eleven o'clock at night, on 24th Feb., the prisoner came with an advertisement for Mr. Soyer—the price of it was not fixed—it was not paid for—I inserted it on my own responsibility, knowing Mr. Soyer—Mr. Soyer afterwards paid me for it on the Sunday night—the prisoner gave Mr. Soyer's compliments to me, and he wished the advertisement to appear to-morrow morning, but he discovered a bad sovereign had been given him, but he wished the advertisement to be inserted—I said, "Give my compliments to Mr. Soyer, and it shall appear;" and it did.
Cross-examined. Q. HE said Mr. Soyer gave him a bad sovereign? A. He did not mention his name, but he said a bad sovereign had been given to him—I only receive money after nine o'clock at night—at other times it is paid to the treasurer.
GEORGE MARSH (police-inspector.) I found some papers of the prisoner's at a coffee-house in Russell-street, Convent-garden—his son had been taken, and discharged—I found the son, and wife of the prisoner, and some other persons there—the prisoner was then in custody—I found some medals amongst some letters addressed to "Dr. Green, Gravesend," in a bag, which was locked—I unlocked it with a key taken from the prisoner, with others on a steel ring.
Cross-examined. Q. How many keys did you find on the prisoner?
A. Ten—I saw the prisoner inspector take the from the station on 8th march—I had given the key everything up to the inspector, and they were locked in his cupboard—he took this key when I was not there.
GUILTY. Aged 52,— Confined Eighteen Months.
(There were other indictments again the prisoners.)
OLD COURT.—Friday, April 7th, 1848.
PRESENT—Mr. Justice CRESSWELL; Mr. Justice Erle; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Edwards Bullock, Esq. and the first Jury.
GUILTY. Aged 17.— Transported for Seven Years.
1072. ROBERT HARLEY , feloniously breaking and entering a building within the curtilage of the dwelling-house of John Naylor, and stealing 2 tame fowl, and a padlock and key, value 5s. 6d., his property; to which he pleased
GUILTY. Aged 30.— Confined Six Months
MR. BALLANTINE conducted the Prosecution.
JANE ELIZA HANCOCK. I am the wife of Charles Hancock, of 28, Essex-street, Commercial-road. On 17th Feb., about twelve o'clock at night, I was with Mary Ann Ward, going through King's Arms-court, Whitechapel—it is a vary narrow court, and we were obliged to walk separately—I went first—when I got about the middle of the court I saw the prisoner standing on the right—I never saw her before—she looked under my bonnet and said, "Is that you?" or, "That is you"—she gave me a severe blow in the right eye, which made me nearly senseless—I have deprive of my sight ever since—I do not think it bled—I did not see anything in her hand.
Prisoner. Q. Did not you strike me first? A. No—not a word passed between us.
MARY ANN WARD. I am single, and live at 1, King's Arms-yard. On the night of 17th Feb., I was with Hancock, and saw the prisoner about halfway up the court—she strick Hancock in the eye—she had not said or done anything to her, nor had I—I had never seen her before—she struck me also with the same hand on the forehead—I have not had it examined—I have the cut now
JOHN SELE (policeman, H 203.) I saw the prisoner and Hancock—Hancock's eye was swollen, and in a most dreadful state—there was a little blood—I took her to the hospital—Ward was bleeding profusely from a cut on the forehead—the prisoner was quite sober—I do not think she wore a ring.
Hospital. On 18th Feb., about 1 o'clock in the morning, Hancock was brought there—her eye was bleeding profusely—it appeared to be burst there was a wound on the outside—It must have been done by a severe blow directly on the eye—I think it was caused by the first.
Prisoner's defence. Hancock insulted me and shoved me vary violently; she aimed many blows at me, and I turned and struck her, but not with any instrument.
GUILTY of Assault. Aged 18.— Confined Six Months.
Before Mr. Justice Erle.
1074. (In the cases of James Orchard and James Thurtell, Samuel Martis and Henry Ashley, Joseph Wilkinson and Thomas Clarke, indicted for divers indecent acts, the indictments were quashed for insufficiency.)
Before Mr. Justice Cresswell.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
CHARLES JOHN GOVE SPRAKE. I am an engraver, at 14, Meard's-court, Wardour-street, Soho—I formerly lived in Pultney-court, Golden-square, directly opposite a person of the name of Layton. On 17th Feb. Mr. Layton brought the prisoner Brown to my apartment—Brown said he had come to see my work that Mr. Layton had been recommending me, and he wished to see some specimens of my engraving—I asked him what style he wanted, as there were so many—he seemed to hesitate, and at last produced this Galverston share note, marked "A," and said he merely wanted some specimens of that sort to show his friend in the country, that it was sent him to get the work done—he took three specimens of my work, and came again, I think, on the next Tuesday, with the specimen, and produced this note of the Reading bank, No. 57581—I then had a signature—he wished to know what the estimate would be for engraving two plates, necessary to produce a similar note—I had not doubt explained to him that two plates would be necessary, one for the note, and another for the word "Five"—I told him the expense, and what the printing of the notes would be—I had, two days before that, communicated with Messrs. Simonds', the bankers—I saw Mr. Mullens, and acted under his direction—I made these memorandums(produced) of all that took place between me and Brown—I next saw him on 29th, and received from him a verbal order for the plates, with a 5l.-note—he left the note with me—the signature was cut off as it is now—he was to have brought me 5s., but he only brought 4s.—he said his friend was in the neighbourhood, and he would get the other shilling directly—he returned is less than half an hour with the shilling—he asked the price of half a quire of paper for printing the notes, and whether I could get it for him—next day, 1st March, he called again, I inquired how the numbers were to be affixed—an appointment was made for the following Saturday, the 4th—he came about eleven o'clock, brought 10s., and promised more in the course of the day—he appeared anxious about getting the paper for the notes—I told him I had not got it, there was time enough for that—he called again between four and five, and brought another 10s., and an arrangement was made for the plate to be ready by four o'clock on the Monday—he called,
and I put him off the next day—he came next day, about seven in the evening—I showed him the plate—it was not quite done—I put him off till twelve or one o'clock the next day—he came about half-past one, and I gave him an impression of the plate I had shown him, with the word "Five," and also a specimen of the paper—he took them away, and promised to cell in half an hour, or three-quarters, with 30s.—he said he was going to show them to his friend—when he came back, he asked when I would get the two plates ready for making a finished note—he wished to have it on the Staturday—he called again that day and paid 1s. 5s.—he had promised me 30s.—he promised me the other 5s. at twelve or one next day—he called the next day, and brought me the other 5s., and I promised to have the writing of the other plates done by five the following Saturday, and the ornament and ruling on the Monday, by eleven or twelve—he spoke about the numbering—I advised that they should be put on separately—he said the paper was highly approved of, it could not match better—he came again on Saturday, 11th March—he gave me a half-sovereign—I spoke about the signatures and the blanks, and he gave me a must see the parties, and would let me know in a quarter of an hour, whether I was to engrave the signatures—he did not say where he was going to, but in the neighbourhood—he came back within half an hour, and said the parties would decide about the numbering and the signatures on the Monday—he said they wanted the plates on the Monday, and would make a fresh agreement for the signatures—he asked me the price of the signatures—I said 30s.—I was to make fac similes of the signatures, Fulbrook and Simmonds—he had told me that they were being lithographed—he did not show me the other signature then—I have not seen it since the first day—he was to bring me 1l. on Monday, 13th March—he came, and I gave him this plate (produced) without the ornament—he said he had it to shaw to the party—he returned about four o'clock, and brought me 6s. 6d. with the plate—he said he could not see his friend—he called again between seven and eight in the evening of the 14th—he asked if I. would let him have the pattern note, the genuine note which I had—I had it was at the printer's, to have the blue ink matched—I promised to give him some impressions about two o'clock next day—he said he wanted them to make money of—he returned in about half an hour with 2s.—on 15th, I saw him about half-past two—I had arranged with him that everything should then be ready—my wife was gone to the printers—he waited till she came back, and I showed him the six impressions she brought—he said the imitation was quite near enough, nothing if fact could be better, and he was perfectly satisfied, and if I would give him them, they, the parties, would turn them instantly into cash, and should have my money in half an hour—I refused to let him have them, as I did not know him, even his name, or where he lived—he said he lived in the City—I then gave him the six impressions and the original note—the next time I saw him at the Mansion-house, in custody, and I there saw these six impressions, which I had given him—there are marks on the plates which I see on the engravings—I put them there purposely.
Dewey. Q. Did you ever see me at your house? A. Not that I am aware of—I cannot say how far my house is from Dean-street—Meard's-court opens into Dean-street—you can walk from on e to other in two minutes—my house cannot be seen from Dean-street—I believe the notes produced are the same I gave Brown, but the plates have left my possession since, and I cannot say.
COURT. Q. When did you part with the plates? A. On the day they were taken into custody—no more impressions had been struck off then—I gave the plates to some one in authority at the Mansion-house—they had been in my custody in the interval.
DANIEL FORRESTER. I was called on to assist in the observation of what was going on at Mr. Sprake's, and noticed Brown's visits there—I saw him between one and two o'clock on the 11th, come up the court towards Dean-street, in a direction from Mr. Sprake's house—he motioned with his hand as he came up the court, and I observed the prisoner Dewey standing in Dean-street, opposite the court, so as to be able to see the motion—Brown jointed him in Dean-street, and they went down Dean-street, into Compton-street, and turned up Frith-street—when I came into Queen-street, in Frith-street, I only saw Dewey—I stayed there five or ten minutes—Dewey was waiting about from Queen-street to Dean-street—I then observed them both walking along Queen-street into Greek-street, across Greek-street, up Rose-street, and there I missed them—I saw no more of them till the Monday, when I saw them both in Wardour-street, near Meard's-court—I saw Dewey afterwards, standing by himself, at the corner of Peter-street and Wardoor-street—Peter-street is nearly opposite Meard's-court, at the Wardour-street end—some time afterwards I saw Brown go from Meard's-court up Wardour street, into Broad-street, and turn into Poland-street, where I missed him—I did not see Dewey again that day—I only saw him for a short time—this plan (produced) is a correct representation of the streets and courts of which I have been speaking—the black mark indicates Sprake's house—on the 15th, in consequence of something that was told me, I went about half-past three o'clock to a public-house in Poland-street, about 150 or 200 yards from Sprakes's, and met Brown coming out of the parlour-door, which is only a step or two from the house door—when he saw me, he immediately turned back into the parlour—I followed him, and observed him immediately pass something to Dewey, who was sitting in a chair by the fire—I made towards the fire-place—Brown caught hold of me—at the same time I saw Dewey throw something on the fire—I extricated myself immediately from Brown, and got this parcel of five notes, which have been produced, from the fire—they were folded up very tight, in paper, and thrown on the fire, in the paper—I marked them at the time—Dewey threw the parcel on the fire immediately it was passed to him—he did not open it—while I had the parcel in my hand, I asked Brown whether he could give any explanstion respecting it—I had opened it sufficiently to know what it contained—he said he knew nothing about it—I then asked the same question of Dewey, and he said he knew nothing about it—I searched them, and found this card on Brown, with the name, "S. Fulbrook, Aug., 1847," scratched on it—I also found some papers of no consequence—I took them both into custody, and searched them at the Mansion-house, and found in Dewey's coat-pocket part of a cigar-case, which contained this other impression, and the genuine pattern 5l. note, "No. 57581," with one of the signatures cut off—I asked if he could give any explanation respecting them—he stated that a person in the public-house gave him the cigar-case, as it was, to hold—I asked him the person's name, and he made no answer—I also found some certificates of shares in Dewey's pocket-book.
Dewey. Q. How far was I from Sprake's house when you first saw me? A. About forty or fifty yards—I think you might see the door of the house from there—there were several other persons in the room of the public-house—I
did not see you at any other place that day before I took you—I cannot say whether you were smoking a pipe—I should think there was about half an hour between the times of my searching you—I do not recollect that you asked me, at the public-house, what the charge was against you
MR. BODKIN. Q. I suppose you had assistance near? A. Yes, two men—I kept the prisoners under my sight between the times of my searching them—they were handcuffed so as not to be able to do anything.
SAMUEL GILL. I keep the Star and Garter, 62, Poland-street. Dewey was at my house three times within a week or ten days of his being taken—Brown was with him once, about two or three days before he was taken.
Dewey. Q. What time was it I went to your house on the 15th? A. Between eleven and twelve o'clock in the morning—I did not see you go out at all—I do not know a customer named Evans.
CHARLES SIMONDS. I am a banker, at Reading—the firm consists of John Simonds, Charles Simonds, the elder, and myself. This is one of the notes issued by our bank—the signature is taken off—it was my signature—this is an imitation of part of it—I gave no authority to any one to engrave this plate—we have never altered our plate—I received a communication from Mr. Sprake, early in March, and communicated with Messrs. Bush and Muilens, the solicitors to the Society for the Prevention of Frande on Bankers.
Dewey. Q. Would you have given cash for that good note in this state? A. No, on one would be imposed on by the imitation, in its present state—it has no date or signature.
Dewey's Defence. I got the papers by exchanging five Southampton and Manchester railroad notes for them; I sold Brown a gallon of spirits of wine for 12s.; he was to pay me on Saturday; I went with him to Dean-street, where he was to receive some money; he gave me 7s.; next Monday I met him by appointment; we went to Wardour-street; he gave me the remaining 5s.; the next Wednesday I went to Mr. Gill's, and dined; I was smoking my pipe, and a man named Evans came in, and asked me to take charge of his umbrella and cigar-case, while he went to the closet; soon after, Brown attempted to go out: Forrester came in and seized him, and said I took something from Brown, but I did not; I may have thrown my pipe on the fire, but cannot say; I asked Forrester what charge he had against me; he made no answer; if he had told me, I had an opportunity of finding the man who gave me the cigar-case; his men were drinking at the station, and I could have destroyed it, having one hand at liberty, if I had known there was anything in it.
DEWEY— GUILTY. Aged 57.
BROWN— GUILTY. Aged 33.
Transported for Ten Years.
Before Mr. Justice Erle.
MR. RYLAND conducted the Prosecution.
JOHN BUBBERS MATHER. I am a surgeon, at Bunhill-row. On 18th Feb., by the Coroner's direction, I opened the body of a person represented to be James Lyle—it was in an extreme state of emaciation, a perfect skeleton—there were several wounds on the back and loins, and wound on the left breast, and one on the left groin—I could not from an opinion of how they were
occasioned—they were not sufficient of themselves to cause death—the heart, lungs, and liver were diseased—the stomach was comparatively healthy, and quite empty, except about two able spoonsful of gruel—the membrane covering the bowels was extensively ulcerated—the bowels were diseased, and the liver denoted that he had been a drunkard—finding what I considered suffcient to cause death, I went no further—it appeared to have arisen from inanition, probably from want of food; and it might be from drink as well—I cannot say, from the liver, how long he had been a drunkard—person in charge of the house was present.
COURT. Q. You think the disease in the heart, liver, and bowels, may have produced death without external violence? A. Yes—if there had been no disease, but simple want of nourishment, life would have been prolonged by what I found in the stomach—withholding of nourishment, could not have been the immediate cause of death—the bruises may have accelerated death, finding the body in that emaciated state, but they were of trivial importance.
Cross-examined by MR. O'BRIEN. Q. May not the bruises have arises from his lying in one position in bed a long time? A. Many of them might—the more emaciated a man's body is, the more likely it would be that the bruises would arise—there were other bruises which arose from external violence—they were in the soft depressed parts of the body—they were mere abrasions of the skin—they were recent.
JAMES HALL. I live at 11, James-street, Islington. I knew James Lyle for nine or ten years—I have seen his dead body—he was a whiskey-merchant—I last saw him three weeks previous to his death, when he called and paid me a little money—he seemed somewhat declining in health then to what I had seen him—for the last year and half his business had been going to decay, and he had taken to drinking—he principally drank whiskey—he lived at 3, Upper Fountain-place—I resided with him there four or five years, and left last August—I know the prisoner, Thompson; three weeks previous to my leaving he was sent away from the Post-office, and he came and asked Mr. Lyle's permission to stop there; and he had not been there long before he brough the other two prisoners, his relations—they continued with Lyle down to the time of his death—I have been to the house twice since I left—I never had any conversation with Thompson about Lyle—in Oct. he called at my house, and he then had two black eyes and a bruised face—I supped at Lyle's one night after I left—I did not see Thompson, the nephew, John Spottiswood, was there, but Thompson was not allowed to come into the room, because he had not behaved well to his sister (the female prisoner,) that day, and Mr. Lyle had locked the sister up in the whiskey-cellar—I met Thompson in Pitfield-street, on 14th Feb., the supposed day of the death—I said, "How is poor Mr. Lyle"—he said, "Very unwell"—I said, "Is it dangerous; does he keep his bed?"—he said, "No;" or I should have gone to him—when I got home at night, I heard that he was dead.
SAMUEL GIBSON. I reside at Islington. I knew James Lyle several years—I saw him in London, a month or two before his death—he was rather in a delicate state of health, but nothing ore than usual—I suspect he was rather inclined to drink—I heard of his death from Thompson, the day after he died; he called at my Counting-house, and wished for some money to bury him—I defrayed the funeral expenses.
Before Mr. Justice Cresswell.
MR. LAW conducted the Prisecution.
GEORGE BERRIDGE. I live at 29, Caroline-street, Pimlico. On the morning of 17th March, about 7 o'clock, I was dressing in my bed-room on the parlour floor, and fancied I heard an unsual noise in the kitchen—I heard some one come up stairs whistling—I went into the passage, and saw the prisoner; I said, "holloa! young fellow, what game have you been up to down below"—he said, "Not anything"—I said, "Oh, nonsense, you must have been up to something, what brought you in here, how did you get in?"—he said, "I found the door open, and I have been down stairs and knocked at the kitchen door, to inquire of the servant girl for the wash"—I said, "What wash? that is nonsense; where are your pails to carry it away in" He was then on the door step, and I said, "I have a great mind to give you in charge, "but I could see no person in the street—he said, "I can have a very good character, I am very well known, I have not been up to anything whatever"—I felt round the outside of his smock frock, and found nothing on him—I then said, "Come down stairs with me, and if you have removed nothing, I will let you go"—he objected, so I detained him—a milkman came up, and he detained the prisoner while I went down stairs—the kitchen door was open, which had been locked over-night, and one drawer of a chest open—I immediately missed a pair of black trowsers and two coats—I fetched a policeman, and he went down stairs with me and the prisoner, and after some time, I found the missing things tied up in a bundle just outside the kitchen door, in a recess—these are my property (produced), and this handkerchief they were tied up in—I had seen them the day before in the drawers.
Cross-examined by MR. PRENDERGAST. Q. He was walking coolly along, whistling, as if he had a right to be there? A. Yes; he saw me as he passed my door, and I stepped out directly—I had never seen him before—no people have come there for wash for the last four years—no person is engaged to call for it.
ALEXANDER HARGREAVES (policeman, B 62.) On the morning of 17th March, the prosecutor fetched me—I went into the kitchen with him and the prisoner—I looked for the property, and found it in leaving the kitchen—I took the prisoner to the station, returned to the prosecutor's house, an in consequence for information, I got a light, put it down the water-closet, and there saw a key—I took it up—it will not open the latch of the house door, but it is a very common latch—it appeared to have been recently dropped in.
Cross-examined. Q. Who had got the prisoner when you went? A. The milkman—the prisoner was at the station when I found the key—I did not search him while the milkman had him.
MR. LAW. Q. Were you present at the first exnmination? A. I was—the prisoner made a statement which was taken down by the clerk—I know the Magistrate's signature—the prisoner did not sign it; it was read over to him.
MR. LAW proposed to read the statement.
MR. JUSTICE CRESSWELL. "I do not see how the Magistrate's signature will make that evidence; it is only his declaration that the prisoner said such and such a thing. Can a Magistrate have a privilege which no other man
has of giving hearsay evidence? it amounts to nothing else, you have not the security of the man's own signature to it, the only way in which you can make use of it is, either by proving the prisoner's signing it, or by calling the clerk who took it down, who may refresh his memory by it, and state what the prisoner said."
The statement was not read.
ROGER EVANS. I am a milkman, at 42, Sloane-square, Chelsea. On 17th March the prosecutor called me, and asked me to hold the prisoner while he went away—the prisoner said he wanted to go to the back yard—he went into the closet—Istayed outside till he came out again.
Cross-examined. Q. Did he shut the door? A. No—I did not see him doing anything—I kept my face towards him all the time.
COURT. Q. Did he or not throw the key down? A. I cannot say, he had his back to me—he might have done it without my seeing it.
THOMAS FROST. I live in Mr. Berridge's house. On 17th March I got up about half-past six o'clock, and went out—I closed the door after me, and tried it—I found it closed, and the chain up—I did not go into the kitchen that morning.
MR. BERRIDGE re-examined. The door was shut, and the chain up when I went to bed the night before, about eleven o'clock—I heard Frost go out between six and seven.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy by the Jury.— Confined Six Months.
Before Mr. Justice Erle and the Third Jury.
GUILTY. Aged 29.—Recommended to mercy— Confined Six Months.
(There was another indictment against the prisoner for uttering a forged copy of a marriage register, upon which MR. CLARKSON offered no evidence. )
Before Mr. Justice Cresswell.
MR. CLARKSON conducted the Prosecution.
ELIZABETH BAKER. I live at 104, St. John's-wood-terrace, and am a widow—I employed the prisoner as charwoman. On 31st Jan. I went out to dinner in Hamilton-terrace, leaving her alone in the house to take charge of it—I had a box under my bed, which contained five sovereigns—it was not locked, but the room door was—Ihad seen them safe a day or two befort—I missed them on the following Monday, 3rd Jan., and also a half-sovereign, and 8s. from a drawer—I said to the prisoner when I missed it, "I am afraid I lost some money from my drawer yesterday, it was in my drawer when I went to chapel"—she said, "Was it?"—I said, "Yes, and I cannot think where it is"—she said she was sorry I had lost it, and wondered who had stolen it—she said she believed it to be a young gentleman that lodged in the house—she afterwards said. "I think you will find it, you have not lost it"—she assisted me to look for it the whole of theweek—in consequence of something that happened three weeks afterwards, I sent for a constable, and went to her house in Tottenham-place—I told her I believed she had robbed me of a brooch, and money, and other articles; and I believed she was the
thief—she denied it an first, and said, "I have not stolen your money"—I said, "I have brought a policeman to take you up; I believe you have"—she then said, "I have got your money, and I will tell you all about it if you will come outside the door; I will get you brooch for you again; I pledged it"—we went outside, and went into the room again—I gave some duplicates to the constable, which the prisoner gave me—she said, "It shall be all right; don't let me be taken up, pray do not"—she said she had stolen my money on the day I went out to dinner—I did not give her in charge then, but when I went home, in consequence of something else that I discovered, I gave her in charge—she came to my house, and said if I gave her in charge she would murder me—a lady who was with me went and got a policeman—I cannot say when she stole the table-cover—I had it when I went out to dinner—I cannot say whether it was safe next morning—it was with other things under the sofa—I lent her the shawl, and she immediately pledged it.
HENRY LITTLE (policeman, S 63.) I went to Mrs. Baker's house on 20th March, and found the prisoner there, in a state of great excitement—Mrs. Baker gave her in charge for an assault, and robbing her of five sovereigns, and other things—the prisoner said she had not robbed her—I took her to the station, and Mrs. Baker there charged her with stealing 18s. out of a drawer, in addition to the other—the prisoner said she did not take the 18s. out of the drawer, she took it from under the flower-pot—I afterwards went with Mrs. Baker to the prisoner's lodging, and found twenty duplicates which relate to other things.
PHILIP STEVENS (policeman, S 200.) I went with Mrs. Baker to the prisoner's lodging—Mrs. Baker then refused to give her into custody—I was in private clothes, and told the prisoner I was an officer, and that Mrs. Baker was come with the intention of giving her into custody on suspicion of robbing her—she said she had not robbed her—she gave Mrs. Baker nine or ten duplicated from the table-drawer, and Mrs. Baker gave them to me—the prisoner then asked Mrs. Baker to be allowed to speak to her outside; and they went on the landing—I let them do that—I do not know what passed—there was no property there of Mrs. Baker's, except a veil and shawl—the prosecutrix's house is in the parish of Marylebone.
Prisoner's Defence. I throw myself on the mercy of the Court; Mrs. Baker told me if I told the truth she would forgive me, and I gave her the duplicates, promising to release the things; and my husband gave her an "I O U."
GUILTY. Aged 38.— Transported for Seven Years.
(There were other indictments against the prisoner.)
Before Mr. Justice Erle.
MR. PLUMPTREE conducted the Prosecution.
HENRY LYNCH. I live at 36, York-street, City-road, and am a cowkeeper. I had a cow and three heifers, which I last saw two or three days previously to their being stolen—Harris was in my service three or four months ago, by the name of George Bishop—I entrusted some milking cows to his care—they were in a field—he left my service a fortnight or three weeks before Christmas—on missing the cows, I made inquiry at Smithfield on the
following Friday—I saw no more of Bishop till he came to Mr. Shanks, the banker's, in Smithfield, in company with Mr. Benson—I then gave him in charge—he said nothing—I have since seen the cow and heifers—they are mine, and have my brand on them.
JAMES BENSON. I am a cattle salesman, and live at South Weale, Essex, On 23rd Feb., the prisoner Harris came to me at Romford-market, and said he had got some cattle to sell—he should send them on the Wednesday following—he should be obliged to go into Wales himself, but the person who would come with them might take the account back—on the following Wednesday, Larby brought the three heifers and the cow to my residence—he said he had brought the beasts that Mr. Harris spoke to me about last week, and I believe he said his master had gone into Wales, and his mistress said I was to do the best I could with them, and he would take the account back—I asked his where the cattle came from—he said, "From Chingford"— —they appeared to have been driven fast, not as a lawful owner would treat his cattle—I told Larby that he must go to Mr. Harris, and he had better call on me on Friday, and I would settle with him—I gave him the account of what they were sold for—on the Friday I was at Smithfield—the account Larby came there and produced a note—I made some excuse, and said I did not know the writing, I was going to Islington, and would call on Mr. Harris, if he would give me his direction—he said he was a cow-keeper, was about joining, I think he said, the Alderney dairy, along with some other persons—he gave me Harris's address—as I was going along Harris came up to me, and called me by name, and said, "I suppose my man did not satisfy you," or something' to that effect, "when he brought the note; you did not like to pay him"—I said, "No, as I was going to Islington, I thought I would call on you"—he said, "I will save you the trouble, and will take the money of you"—I went with him to the banker's, where I saw Mr. Lynch, and he was taken into custody.
Harris. Q. How was it you did not know me again? A. I did not see you till you came up to me—I knew you after you spoke to me—I asked you your name, and you said "Harris," and you had come to take the account—I do not believe you said you had come to take the account for "Jobs Harris," you said you came as "John Harris," to take the account—you did not say that Harris had sent you for the account.
COURT. Q. You say he always spoke and acted as if he was Harris, and not as if he had been sent by Harris? A. Decidedly so; all the way though.
WILLIAM LIVERMORE. I live in Mile-end-road, and keep a coffee-stall. On the morning of 1st March, between six and seven o'clock, I saw four head of cattle coming down to market, and the prisoners with them—they came to my stall, and had a cup of coffee and a slice of bread and butter, and paid me for it—the cattle went on, and they might have got twenty yards before they overtook them—I cannot swear whether they were heifers.
MARGARET SUTHERLAND. I am the wife of James Sutherland, of White Lion-street, Islington. Larby lodged with me three or four months—I knew Harris as Frederick Marchant—I did not know him till the day week that he was taken up—on 1st March, he came between three and four o'clock, and knocked at the shutters, and asked Larby if he minded to take a job—he did not make him any answer—whether he heard or not I cannot say—Harris said,
"Oh, never mind, if you do not like to come, I will get the man to come, where I got my shirt on Sunday"—Larby then said "I will come, and glad of it, and thank you"—Larby got up—they both went out together—Harris came back between eight and nine, and remained in the house the most part of the day—he said he was very ill, that he was sent to Romford with some cattle, and he had sent his mate—Larby came back at night, said he had been to Romford, and had earned four or five shillings, and he would be able to give me on or two next day—on the Friday, when he came home, I said, "You are a pretty boy; you did not give me the few halfpence you promised me"—he said, "Mother, I did not get it, for I think there is some mull in it"—he was afraid there was something in it—I saw Harris writing a few lines on the Friday morning, bay I do not know what it was—there was not one there but him and me—Larby came in afterwards.
Harris. Q. when did you know Larby had been with the cattle? A. On the Wednesday morning, he told me so—I did not ask you where you had been, and you did not say, "Into Thames-street, and the Kent-road"—you went out between three and four in the morning—I heard you come back before Larby.
WILLIAM BURGESS (City policeman, 28.) I received Harris into custody—I told him the charge—he said nothing—from what was told me afterwards I took Larby—I made him no promise or threat—he said, "I am afraid this will turn out to be a bad job about these cattle"—I asked, "What cattle?"—(I had told him I took him about stealing cattle)—he said, "The cattle that Mr. Benson sold at Romford"—I said, "You seem to know all about it"—he said, "Yes, I do; I know you very well, you are a policeman;" (I was in plain clothes) "I am the party that went and brought the cattle out of the park" (the green lanes are called the park; I have heard other people call it so) "we went along together to Mile End-gate, and had a cup of coffee together"—he said he went down to Romford, and gave up the cattle to Mr. Benson for sale.
JAMES BRENNAN (policeman, N 9.) I have three heifers and a cow here which I brought from a field in Dagenham—I produce some hair from the tails of each of them--they are the four Mr. Benson saw—I brought them to the Police-court, and showed them to the prosecutor.
MARGARET SUTHERLAND re-examined. Larby was in the regular employ of a broker, and had a chance of getting his livelihood in an honest way—I do not know Harris—as far as I can judge they were strangers to each other—Harris said he worked at a dairy the week he was with me—I believed that—Larby could have heard it.
Harris's Defence. On the evening of 29th Feb. Larby and I went out, and at the end of White Lion-street met John Harris; I had seen him before; he asked if I would take four cows to Romford; I said I would, if I was not otherwise engaged; I had to go with some grains, and asked Largy to go with the cows instead; I went with Larby to the field where they were; I was not aware it was Mr. Lynch's field; I left Larby at the Whitechapelgate, and then went into Thames-street; I did not see Larby any more till he returned with the note; I took it to Harris, who said he lived at 8, Tothill-street, Lower-road, Islington; on 3rd March, I met Harris again; he asked if I would take a note to Mr. Benson; I did so, and was taken into custody.
Larby's Defence. I was at the White Lion on 29th Feb., and heard John Harris speak to this man, but I did not know what it was about; this
man asked me to go with the beasts; we got them from the field; he left me at the gate, and I went on with them to Mr. Benson's; I came back and gave him the bill to give to Harris.
(Larby received a good character.)
HARRIS— GUILTY. Aged 30.— Transported for Fourteen Years.
LARBY— NOT GUILTY.
NEW COURT.—Friday, April 7th, 1848.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. SALOMONS.
Before Mr. Recorder and the Fifth Jury.
GUILTY. Aged 17.— Confined Eighteen Months.
MR. HUDDLESTON conducted the Prosecution.
HENRY COX. I am clerk to Mr. Knill, of Fresh wharf. On Saturday night, 25th Mar., I left my watch in the desk in the counting--house at his warehouse, near Fish-street-hill—the counting-house is at one corner of the warehouse—I left the warehouse, with everything safe, at twenty minutes after eight o'clock—my foreman locked the door, with two padlocks, and I examined it with the watchman—the back warehouse was also locked—the prisoner was foreman of the porters—about half-past seven that evening he went into the counting-house and signed off—there are places there where a person may conceal himself—my attention was called to the warehouse again on Sunday morning at six—the window blinds had been put up, and drawn down to the bottom—they are not fixed; we put them up—they had not been drawn down for some time—a desk in one corner of the counting-house was brokes open—the iron safe, in which the money was, had been attempted to be broken open—the ironwork in front was turned on one side, and forced very much—one of the drawers of the desk was lying on the desk—the other drawer was open—I missed my silver watch from my desk, and some silver money, I do not know how much—the prisoner did not come to work on Monday morning—we examined the back warehouse, to see if any party was concealed, but found no one—a person could have been concealed there made parts—there were a vast number of goods—an attempt had been made to break out of the place—the carpenter's shop was broken open, and an attempt made to break out—the ironwork had been taken off, but there was woodwork to be cut away after that—that had been done from within, not from without—I saw a dog there, belonging to the prisoner's father, on the Saturday evening—I drove it out of the front warehouse a few minutes before I left.
Cross-examined by MR. CLARKSON. Q. Was not the dog in the habit of coming to the warehouse? A. I never saw him there before.
WILLIAM AUGUSTUS LAMBERT. I live with my father, the superintendent to Mr. Knill. On Saturday night, 25th March, at a little after nine o'clock, my father sent me to the warehouse with the keys—some furniture was to be taken into the warehouse—I opened the door, and waited till my father came—only one person went into the warehouse till my father came—the prisoner did not go in—after the furniture was put in I locked up the warehouse, and took the keys home—I saw a dog in the warehouse a little after it was opened—my father drove it out.
Prisoner. I am guilty.
GUILTY. Aged 24.—Recommended to mercy by the Prosecutor.— Confined Six Months.
ROBERT GRAHAM M'INTYRE (police-sergeant, V 27.) On 31st March, about four o'clock, I was going with sergeant Churchill along the Staines-road—I met John Williams with a horse and cart—I asked what he had in his cart—he said I might search if I liked—I found this piece of lead—he said he brought it from a female named Williams, who lived near there—I accompanied him to his mother's; she said, in his presence, he had brought home the lead on the Monday morning—he then said he found it in some water, in a ditch—on the way to the station, he pointed to some water, where be said, he found it—I went to Mr. Taylor's at Kempton-park, and examined the roof of the lodge—there was lead missing—this lead exactly fitted the place.
JOHN WILLIAMS. I am a marine-storedealer at Twickenham. On Monday morning I met the prisoner—he said he had a bit of lead to sell—I said I would call for it on my return home—I called at his house—his mother gave it me—I met the officer, who took it from me.
JOHN TAYLOR. The officer called on me on 31st March—I went to the lodge, and found some lead gone—this lead belongs to my father, Thomas Taylor—we have cut a piece from the roof—this fits it exactly—I had seen the prisoner about there—his brother lived at the lodge.
GUILTY. Aged 24.— Confined Six Months.
RICHARD GOBBY. I am a dealer in fixtures, at Vine-street, Hattongarden. I employed the prisoner as charwoman for some weeks—on 13th March I missed from the sideboard in my parlour a silver watch and guard, which I left there in the morning when the prisoner was there—she was gone when I missed them—she came to work next day—I missed some sheets, shirts, and handkerchiefs from my drawers—I have seen them since, in the pownbroker's possession—the prisoner gave the policeman some duplicates in my presence—I never employed her to pawn anything for me.
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor.— Confined Three Months.
RICHARD STRATTON the younger pleaded GUILTY. Aged 14.— Confined Seven Days.
WILLIAM LEVERETT. I live in Providence-place, Lisson-street, Paddington and an in the service of Stephen Finney and Samuel Seal, coal-merchants. I was at their wharf, on the Junction Canal, on the morning towards a barge—he got into the barge, walked along it, and kept picking up coals as he west along; he then went from that barge to another—the elder prisoner was in the stern of the second barge—the boy jumped into the bottom of the barge, and was handing up coals to his father, who had then got into the boat—I went to the boy, and asked him what sort of game he was carrying on there—he made me no answer, but presently his father said, "It is only Doggy"—that is a nickname they call me—they shoved the boat away, and towed her upon the further said—I went to the station and gave information—we found a lump of coal in the boat.
Cross-examined by MR. O'BRIEN. Q. How far was the first barge from the second? A. About ten yards—I did not go directly to the boat—I had a quarter of a mile to go round to the station—I might be about four yards from the boy when he was on the first barge, and about ten yards when it was on the second—I stood on the corner of the wharf—they could see me as well as I could see them—the father works a boat which he hires—these coals belonged to Stephen Finney and Samuel Seal, my employers.
GEORGE BISHOP (policeman, D 30.) Leverett came to me—I went on board aa long-boat in the basin, and found the boy on the locker and the elder prisoner in the boat—I found two lumps of coal there—this is one of them—the other was broken—the father said the boat had got adrift.
Cross-examined. Q. Have you known the father? A. Yes; between fourteen and fifteen years—I know nothing wrong of him.
GUILTY. Aged 41.— Confined Two Months.
JOHN MATTHEWS. I am coachman to Thomas Challis, Esq., of Baker-street, Enfield—my master provides me livery and boots. On 10th March I changed my dress to go to London with the carriage—I left my boots in the stable-window—I missed them next morning and informed the police—the prisoner was formerly in my master's service—on 23rd March I saw him go by the
gate with my boots on—I said, "William, I want to speak to you; I want to look at your boots:—he said, "What do you want to look at my boots for?"—I said, "I think they are mine; undo those straps"—he would not—I undid them myself, turned up his trowsers, and found he had my boots on—these are them—I took him into the stable, and said, "I shall take you down to the station"—he said, "Don't do that: I did not think you would serve me so; I will give you a sovereign, and buy you a new pair of boots."
Cross-examined by MR. PRENDERGAST. Q. You use them for washing the coach? A. I wear them sometimes in the stable—he said he bought them of a ragman—I saw no sovereign in his hand—I heard he was going to be married—I have not got the new pair of boots.
JOHN WARWICK. I am groom to Thomas Challis, Esq. On 10th March I met the prisoner, about nine o'clock in the morning, 200 or 300 yards from the premises—he asked me if the carriage was going to London—I said it was at ten o'clock—he said he would come and lend me a hand to clean up—I said I did not require it—at ten minutes after one, as I was going to dinner, I saw him near the orchard-gate, which is fifty or sixty yards from the stable.
Cross-examined. Q. Does he live near there? A. About a quarter of a mile off.
JOHN COLLINS (police-sergeant, N 24.) On 23rd March the prisoner was brought to the station at Enfield, charged with stealing these boots—I took them off his feet—he said he bought them of a ragman at Edmonton.
PHILIP ISAACS. I am a chair-maker, at New Inn-yard, Shoreditch. The prisoner was my journeyman carver—I sent him to carry an easy chair, as a pattern, to get 3l. 8s.—he returned, and said he could not get more then 3l. 4s.—I sent him with a second, and told him to get the money—he went and did not return—he has never paid me the 3l. 4s..
JOHN JACKSON. I am a chair-maker, at Fashion-court, Spitalfields. I work for Mr. Isaacs—I went to Mr. Sadgrove with the prisoner, with a chair—I saw Mr. Thompson pay him 3l. 4s. for it—he returned to my master's door with me—he then gave me the slip.
JOHN THOMPSON. In Sept., 1846, I paid 3l. 4s. for the chair—I cannot swear it was to the prisoner—I believe he is the man—I do not know him or Jackson—I got a check changed for Mr. Sadgrove, put down the money, and the person took it up—his shopmate was with him—I received a ticket from the man I paid—it is Mr. Sadgrove's custom to give tickets to persons who are to be paid.
GUILTY. Aged 66.— Confined One Month.
MARY LOMAS. I live in Harold-place, Wellclose-square. At nine o'clock on Friday morning, 17th March, I was at the window, and saw the prisoner on the wall, putting his foot down to catch up the line—I asked what he wanted—he jumped down, and took a flannel shirt with him—I told Mrs. Hales.
Cross-examined by MR. BALLANTINE. Q. It was done in a moment? A.
Yes—he had a fur cap on with a peak to it—I have not pointed out somebody else as the man—I saw him again next night.
EDWARD MASON. I keep the Triumphant Chariot public-house. The prisoner was my pot-boy—I marked some silver, and put it into the till—I afterwards missed one shilling and three sixpences—I sent for a policeman, and gave the prisoner in charge—he said he had not robbed me in going to the station, he asked to step aside—I heard a chink, went to the place, and found 1s. 8d. in copper on a dunghill—this is it (produced)—I said, "Now you will admit you have robbed me"—he said, "Well, it is the first time"—this halfpenny was found on him.
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor.— Confined Fourteen Days.
1090. JAMES HASTINGS , stealing 2 yards of cloth, value 1l. 6s.; also, 10 1/2 yards of satinette, 1 scarf, and 1 handkerchief, value 3l. 15s.. 6d.; also, 2 bell pulls, value 4s. 9d.; the goods of Daniel George Rees, his master; to all of which he pleaded.
1091. JAMES HASTINGS was again indicted for stealing 58 yards of cloth, 9 scarfs, 3 1/4 yards of velvet, and other articles, value 59l. 8s. 9d.; the goods of Daniel George Rees, his master; and REBECCA HASTINGS , feloniously receiving part of the same; to which
JAMES HASTINGS pleaded GUILTY. Aged 26.— Transported for Seven Years.
MESSRS. CLARKSON and PARRY conducted the Prosecution.
MARY JONES. I am housekeeper to Mr. Rees, a draper, of Russell-street, Covent Garden. James Hastings was his shopman four or five years—he boarded and lodged in the house—on Saturday nights he went home, and returned on Sundays—on Friday afternoon, 10th March, I went into his bedroom and found some articles—I told my master, and James Hastings was taken into custody.
Cross-examined by MR. BALLANTINE. Q. Has your master other young men? A. Five others.
DANIEL GEORGE REES. I am a draper and upholsterer, at 18, Russell-street, Covent Garden. James Hastings was my shopman—he had 45l. s year, and board and lodging—on 10th March, in consequence of information from Jones, I spoke to him in reference to articles found in his room—I directed an officer to go to his mother, Rebecca Hasting's house—I did not know her before—I never saw her till the night of 10th March.
COURT. Q. Did James ever make purchases of you? A. Yes; I have the entries with me—it was probably to the amount of 3l. or 4l.—he could have kept these goods in his room—the amount of property found at his mother's, included in this indictment, is 50l. or 60l., but the whole amount found was 65l.
Cross-examined. Q. Did he get the things cheaper of you? A. Yes; at cost price—he might have paid by weekly instalments, if he had asked—he had a good character—he had the option of going home to his mother—sometimes he stopped and dined at my house on Sundays, and went home afterwards.
WILLIAM POCOCK (police-segeant, F 14.) On Friday evening, 10th March, I was sent for to Mr. Rees, 18, Great Russell-street—James Hastings was given into my charge—I received this pareel, and between nine and ten in the evening I went to Rabecca Hastings, I, Wellington-place, Albany-road, Camberwell—I saw her, and asked her if she had a son living in service in Russell-street, Covent Garden—she said yes—I asked if he had a bedroom it that house—she said yes, and his brother was sleeping there—I said I wanted to see his boxes—she said he had no boxes, but some drawers, and she would rather I would come next morning—she took me to a back room at the top of house, and showed me some drawers—they were lacked—I asked her for the keys—she fetched them from another room, gave me them, and said, "What is it all about?"—I said I was a police-officer, and her son was in custody for robbing his master—I opened the drawers with the keys, and found 9 scarfs, 19 handkerchiefs, and 5 lengths of cloth, some folded up, and some as if they had been used—this toilet-cover was on the table, this length of carpet was standing in a corner, and this piece of baize was near the window—there was a cupboard in the room, which was Jocked—I asked Rebecca Hastings what was in it—she said, some old things—I broke it open and found a paper parcel containing these 6 lengths of new cloth, about 52 yards, and a basket containing pieces of linen and dirty things—I found in a box on the drawers a gold watch and chain, a duplicate of a silver watch, and a piece of cloth, pawned in the Borough—on a landing on the same floor I found several boxes; the first was locked—this is it, her daughter brought me the key—I found in it 9 lengths of cloth, 2 of velvet, and I of silk serge, all new—I saw a second box—Rebecca Hastings said, "That is my lines chest"—I asked for the key; she gave is me—I found in it a piece of merino, 2 pieces of cotton print, 40 yards of cotton in pieces, and some sheets and table linen that had been in use—I proceeded to the front room on the same floor, which I believe was her bedroom—I found a chest of drawers there—I asked for the keys; she gave them to me—some of them were locked—while I was opening, them I looked across the room and saw her coming from another chest of drawers with a small box in her hand—I went round the bed towards her—she put her hand behind her and dropped the box on the floor—I took it up—it contained these 10 pairs of new gloves—I found in the drawers 4 lengths of cloth, 2 toilet covers, 2 pieces of window muslin, 1 length of cotton print, 6 yards of serge, and a length of velvet, and in another set of drawers, 2 pairs of women's shoes—some kid gloves which have been worn were about the room; while I was searching the room she said, "My son brought them home, and I always understood he paid for them"—they were all tied up then—Mr. Rees was waiting.
Cross-examined. Q. Have you kept them separate? A. Yes—I believe she said, "My son brought home the goods"—she might have said, "Some of
the goods"—she spoke in a very low voice—I suppose her observation alluded to the whole—it might refer to what I found in her room—the goods were all tied up then, and we were about leaving—only the bottom of the box fell, the top remained in her hand—I saw her other son in bed—before I broke open the cupboard I tried some keys that would not fit it—she said she dare say some of her keys would open it—she was in very great agitation—I asked for something to break it open, and she fetched a chisel to do it—she seemed surprised when these things were found—I found this merino in her box, not in her daughter's—I opened a box belonging to her daughter.
DANIEL GEORGE REES. I have examined these goods—I identify a great portion by marks on them—the gloves all have our mark—I identify them with very few exceptions—the value of the whole of my property that has been found, is 130l. or 140l.—the value of the property produced is about 110l.—the goods found in Rebecca's bed-room are worth about 40l.
MR. BALLANTINE called
JAMES HASTINGS (the prisoner.) I am twenty-six years old—I am the son of Rebecca Hastings. I was in Mr. Rees' employ four years and a half—before that I was in the employ of Mr. Wright, of Aldgate, and Mr. Williams, of Blackfriars-road; and Mr. Willis, of Walworth-road—I went home to my mother on Saturday nights—a Miss Holmes came to pay a visit to my mother, last Jan. and Feb.—she occupied my bed-room, and some things were moved out of it—I was not present—there were things in my drawers previous to her coming—I saw the drawers afterwards, and some things which I had ordered my mother to move, were moved to her bedroom—I had a cupboard in my bed-room—my mother did not know anything about the articles, in it—the box, produced, was my brother's—he gave it me three weeks or a month ago—the things in it belonged to me—my mother knew nothing of them—these forty yards of cotton are the fag-ends of prints—they are of so use—we were allowed to have them—I do not consider I stole them—I gave them to my mother—these two cotton prints I took from my employer—my mother bought them of me—they are worth about 3s. each—she paid not 6s. for the two—the nominal price of them would be 4s. each—I took this piece of merino from my master's stock—it cost him 14s. or 15s.—I gave it to my sister for a present—I did not tell her how I came by it—I have give or sold my mother table-cloths, table-covers, a pair of bell-ropes, and severed other things—I sold her a pair of boots, and two pairs of shoes; I do not recollect anything else—I had keys to my drawers and cupboard, and kept them sometimes in the drawers, and sometimes in my pocket—I suppose the keys found at my mother's were mine—on the Sunday night before there things were found, I left my keys with my mother, to place those things back again, which I ordered her to take out of my room.
Cross-examined by MR. PARRY. Q. When were you taken? A. On Friday, 10th March—Miss Holmes left two Fridays before that—there were two scarfs of mine between the sacking and the mattress, to keep then smooth—I have been stealing for two years nearly; I cannot say with certainty these articles form the bulk of what I stole—I took them at different times—I brought them away in my hand on Saturday nights—I believe my sister was present when my mother paid me the 6s.—I brought these boots
and shoes from my master's—these ladies' gloves were not my mother's, but mine—I told her to move them from my drawers, with other things.
LAVINIA HASTINGS. I am the daughter of Rebecca Hasting, and sister of James Hastings. My brother made me a present of this merino—the box of gloves was removed when his clothes and other things were removed from his drawers to my mother's room, to make room for a young person stopping at our house, who occupied his room—I manage the household affairs—my mother has kept a lodging-house since she has been a widow—my father was a clerk in the Bank of England—my mother has a pension from the Bank—she fetched my brother's from the glass drawer in her room—this box belonged to my brother Henry—he gave it to James a month or five weeks ago—my mother bought these dresses of my brother—I never saw her with any part of the things found in the box, and drawer, and cupboard—I did not know of the property in the cupboard and box in my brother's room—on the night the officer searched, the box of gloves was on the chest of drawers, between the windows in my mother's room—I was standing opposite it—my mother went to draw the curtains, that neighbours should not see—the curtain touched the box, and it fell—my mother stooped to pick it up, and by that time the officer had got round—my brother gave my mother this piece of plaid cloth last summer.
Cross-examined by MR. PARRY. Q. When did you see these goods first? A. When the officer came—some of them I had seen before—the box of gloves had been on the drawers in my mother's room some weeks—I never saw it opened—I never wore any of these gloves, nor did my mother—I think Miss Holmes left about ten days before 10th March—my brother need to come home on Saturdays—I had these fagends for patchwork—I never saw him when he first came in on Saturdays—I never saw him bring home any cloth, merino, velvet, or gloves—I have seen him bring boots and shoes, which my mother bought of him—I believe this is the only dress my brother gave me—I saw two yards of plaid cloth which he brought home, and some carpeting, which was between the sacking and the mattress—I have seen counterpanes there, patchwork quilts, tablecovers, and muslin, but no scarfs—I do not look under the mattress, unless I wanted anything that was kept under the bed—he had only one chest of drawers and a cupboard in his room—I do not know where he kept the things before were three chests of drawers in my mother's room; only two drawers were used.
HENRY HASTINGS. I am the brother of James Hastings. I have been at sea two years and five weeks—I came home in Oct.—I brought this box from China, and gave it to my brother about five weeks ago—it was then empty—I was at Havanna in July.
Cross-examined by MR. PARRY. Q. Do you know Mr. Reynolds, a pawnbroker, at Stone's-end? A. I know the shop, having been an apprentice in the Kent-road, close by it, but never was in it—I was in business for myself—I then went to sea—I never went by the name of John Harris—I live in the house with my mother—I never saw anything belonging to my brother there—I slept in the back parlour—I slept in my brother's room the night I came home—I never saw him bring anything home—he went to business on Sunday nights or Monday mornings—I never saw him put things into this box—there were boxes on the landing.
drawers in James Hastings' room, but I think, with the box, they would contain all the things I got from the mother's room, in addition.
(MR. PARRY here withdrew from the Prosecution.)
REBECCA HASTINGS— NOT GUILTY.
MR. PARRY conducted the Prosecution.
JAMES TWEED. I shall be twelve years old on 1st Aug. I was errandboy to Mr. Spooner, an oilman, of Bath-street, City-road—I went there from Shoreditchworkhouse, six weeks ago—the prisoner was in his employ—when I went, he said the governor was a rum one, and if I did mind my eye, I should get sent back to the workhouse—a few days afterwards, he asked me for 6d. out of the till—I gave him a 4d. piece, and 2d.—on Monday, 13th march, he asked me for 1s. 6d. out of the till—he said if I did not give it him, he would bunnick my nose—I gave him 1s. 6d. from the till—he wrapped it up in a bit of paper, and put it under a blackingbotth on the soapbox, in the shop; and next morning he took it, and put it into his pocket—he told me that night he would split upon me if I did not give him some more money—I was near the till, and he kept making motions to me for me to open the till—he pushed me—my master came and caught me at the till—the prisoner was in the shop—my master was very angry, and discharged him immediately.
Cross-examined by MR. PAYNE. Q. You did not any that time? A. No—the prisoner was on the other side of the counter—his master did not charge him with anything that night—he came on the Thursday morning for his character—my master told him to come again, he said it would take some consideration—he came again, and was given in charge.
RALPH CARR SPOONER. I am an oilman, at Bath-street, City-road. Tweed and the prisoner were in my service. On Tuesday, 14th March, I was at breakfast in my parlour, about eight o'clock—I saw the prisoner take some thing off the soap-box, under a bottle of blacking, lift up his apron, and put it into his pocket—I was sitting in my parlour that evening, the prisoner was on one side the counter, and Tweed on the other—I had told the prisoner not to go behind the counter, Tweed had no right to go to the till—I saw him beckoning with his hand and head to Tweed—I went in and found Tweed's hand in the till—I spoke to him, and then said to the prisoner, "You are a bad fellow, you are at bottom of all this; rake your wages and go about your buisiness"—he came afterwards for a character—I said it would require consideration, and afterwards gave him in charge.
OLD COURT.—Saturday, April 8th, 1848.
PRESENT—Mr. Justice CRESSWELL; Mr. Justice ERLE; Sir CHAMPMAN MARSHALL, Knt., Ald.; Mr. Ald. GIBBS; Mr. Ald. JOHNSON; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Second Jury.
GUILTY. Aged 29.— Confined Six Months.
GUILTY. Aged 24.— Confined Six Months.
1095. JAMES MASON , breaking and entering the shop of Henry Manning, and stealing 1 flute, 1 pair of shoes, 2 pairs of boots, and 1 watch, value 28s., his property; having been before convicted; to which he pleaded
GUILTY.— Transported for Seven Years.
GUILTY. Aged 19.— Confined Six Months.
1097. DANIEL EAGLETON , stealing 2 shawls, 1 coat, and other articles, value 4l. 10s.; half-sovereign, and 2s.; the property of James Capener: also, 300lbs. weight of iron, and 5 iron bars, 30s.; the goods of Edward Vince, his master: also, obtaining goods by false pretences; having been before convicted; to all which he pleaded
GUILTY.— Transported for Seven Years.
GUILTY.— Confined Fourteen Days.
GUILTY. Aged 26.— Judgment respited.
HENRY BENNETT. I am shopman to my cousin, James Bennett, who keeps an eating-house in Whitechapel-road—Kennedy was in his service. On Monday night, 13th March, I levelled down the flour in the bin, in the kitchen, and marked it with my finger, and the peas and suet also—I left the house at twelve o'clock that night—about half-past six, next morning, I was watching with Portch, and saw Murray standing opposite the shop—the crossed the road and went into the shop—she had nothing with her than—she came out in about a minute and a half with a bundle—we stopped her, and asked what she had—she said, "Nothing belonging to you"—I asked what she had been in the shop after—she said, "For a pennyworth of pudding"—I gave her in charge—she had some peas, suet, beef, and flour on her—I went to the shop, and missed some flour and suet, and I saw the peas had been disturbed.
Cross-examined by MR. BALLANTINE. Q. Murray had the things in a handkerchief, had she not? A. Some, and some in her apron—they were in different parcels—Kennedy had not charge of anything—she was the only servant.
JAMES PORTCH (policeman, K 91.) I was with Bennett, and saw Murray walking to and fro the shop—she went in without anything, and came out with something in her apron—I stopped her, and said, "What have you here?"—she said, "It is not mine"—I took her back to the shop, and found these things in her apron—she said some woman had given them to her—I
said to Kennedy, "You must know something about this?"—she said, "O, I never gave them to her."
MURRAY— GUILTY. Aged 34.—Recommended to mercy— Confined One Month.
KENNEDY— NOT GUILTY.
Before Mr. Justice Cresswell.
1101. ABRAHAM CATS , feloniously uttering a forged acceptance to a bill of exchange for 160l.; with intent to defraud James Wilkinson Hitchins: two other COUNTS, with intent to defraud Henry Livermore and another, and Job Yardley.
MR. PAYNE conducted the Prosecution.
JAMES WILKINSON HITCHINS. I am a share-jobber, and live at 18, Walcot-square, Kennington—this bill for 160l. (produced) was drawn by me on 7th March, and handed to a Mr. Poulton, to get the acceptance of Messrs, Livermore and Trainer—he introduced the prisoner to me that same day—I said to him, "Are you acquainted with Messrs. Livermore and Trainer?"—he said, "I am acquainted with the foreman, and I can get the acceptance done through him; the business is done through him"—he made an appointment to bring it back again about four o'clock that day—the bill was then merely drawn, not accepted or endorsed—the prisoner said I was to give him 15s., as a commission to the foreman, and I gave it him—he took the bill away with him—I saw him again in the after-part of the day, and he said the foreman was no in the way—he came again the next day, and said the parties were not in town—he said, at that time, the foreman was waiting close by—he made an appointment for the Thursday—he came about twelve, and said that the foreman was waiting in the City, that he was going to obtain the acceptance, and would be back as soon as he could—he came back, and said he had handed the bill to Poulton, and I received it from Poulton—it then had this acceptance on it—I was not present when Poulton received the bill from the prisoner—I handed it over to Captain Yardley, to whom I had given a copy of it a week before—the prisoner was present at the time I received the bill from Poulton, at least he was afterwards—it was in this way: he came and told me he had handed the bill to Poulton, and that Poulton was outside, waiting for me—I went out and Poulton handed me the bill, and then the prisoner came up—I said, "Is this the acceptance of Messrs. Livermore and Trainer?"—he said it was—he told me they carried on business in Tottenham-court-road—(I should explain, that before the bill was drawn Poulton gave me their names and address)—to the best of my recollection, Poulton asked the prisoner if that was their correct address—that was on the first day—I never saw the foreman.
COURT. Q. Had you any connexion in business with Livermore and Trainer? A. Not any.
Prisoner. Fourteen days before the bill was given I was introduced to a person named Marcus, of 4, Eden-street, Hampstead-road; he told me at any time I knew a gentleman that wanted bills of accommodation accepted he could oblige me, and at the same time Mr. Poulton asked me about this; I got it done by Marcus, and gave it to Mr. Poulton; I was not there when he presented it to Mr. Hitchins; he was to give ten per cent.; Mr. Poulton was to have 7l., I was to have 7l., and the acceptance was to be 16l. Witness. I had not made any arrangement with the prisoner as to
commission—I was to give Poulton ten per cent.—I had made no arrangement with him—I agreed to pay him 30l. for the accommodation, and 10l. per cent, to Livermore and Trainer—I handed the bill to Captain Yardley on 4th March, for the purpose of getting it discounted—I believe he is brother to Mr. Yardley, the Magistrate—he was not in the habit of getting bills discounted for me—it was not to pay him a debt, but to get money to go on with some actions I had pending—I believe he is agen for some capitalist—I first applied to Poulton on the subject—I was walking on the Exchange with Mr. Wettenhall, a share-broker, and Poulton passed—Mr. Wettenhall called him, and mentioned the circumstance—I had known Poulton previously—I applied to him to get he bill discounted—I should not have done it on the faith of the prisoner—I had never seem him before—it was entirely on the responsibility of Poulton—he is not here—Mr. Wettenhall asked him whether he could get any one to join me in a bill—he said, "I will let you know in the course of an hour," and he gave me the names of Livermore and Trainer—I did not care whom I drew on, so long as they were respectable persons—I first went and ascertained about them—he gave their reference at Leaf and Coles, and White and Greenwells, and that they banked at Ransom's—I drew the bill without communicating with them; but I gave the particulars to Captain Yardley, to make inquiry, and he wrote me a letter, which I have (producing it)—it was consequence of receiving that that I drew the bill; I am positive of that—it was drawn on the 7th—it was ante-dated—in consequence of Captain Yardley having had the particulars at that time, it was dated from then—I swear that the bill had not been accepted at that time, nor down—Captain Yardley was aware of it up to the day it was drawn—I saw him on the morning the bill was drawn.
Prisoner. Mr. Hitchins says the money was wanted for a law-suit; but his servant said it was to pay deposits or shares. Witness. It is false.
HENRY LIVERMORE. I am a pawnbroker, in partnership with William Trainer, at 127, Tottenham-court-road. The acceptance to this bill is not mine, nor my partner's, nor any persons in our establishment—it was not authorised by me—there is no other firm of Livermore and Trainer in Tottenham-court-road—I saw the prisoner at the station on 10th March—he said that a man named Marcus procured the acceptance, and represented himself as our foreman—he said Marcus lived at 4, Eden-street, Hampstead-road—I went there with the officer, and found him—he said his name was Marcus, but I had known him before by the name of Moore—he was never our foreman—I knew him from pledging some small articles—he was not authorised to accept a bill in our name—he denied all knowledge of it.
Prisoner. Marcus told Mr. Livermore that he had known me before, and had seen me on the Thursday; but did not give me the bill. Witness. He did say so when we called at his house.
JOSEPH BOYD. On Friday, 10th March, I was called by Mr. Livermore and Mr. Yardley, as they were standing at the Auction-mart, to take the prisoner into custody—I told him he must consider himself in my custody for uttering a forged bill of exchange, bearing the acceptance of Messrs. Livermore and Trainer—he said he could satisfy me and Mr. Livermore of whom he received the bill—at the station he said a person named Marcus, living in Eden-street, Hampstead-road, had given him the bill, and told him it was the genuine acceptance of Messrs. Livermore and Trainer—Marcus was at the Mansion-house—I heard no conversation between him and the prisoner—I know Mr. Poulton—I do not know where he is—he was at the
Mansion-house at the last examination—I have not seen him since—I have made no endeavour to find him—I have had no instruction to do so.
The prisoner, in his defence, repeated his former statement; and declared, that, in all he did, he only acted as the agent of Marcus, who represented himself as foreman to Livermore and Trainer.
Before Mr. Justice Erle.
1102. JOHN DOBBIN , feloniously forging and uttering a certain will and testament of one William Musgrave Bowen, with intent to defraud William Richards.—Other COUNTS, for feloniously aiding and assisting one Peregrine Bowen, in the commission of the said forgery.
MESSRS, BODKIN, ROBINSON, and PARNELL, conducted the Prosecution.
GEORGE WILLIAM WHITAKER. I am a clerk in the Prerogative-court, Doctors' Commons. I produce, from the registry there, a will of William Musgrave Bowen, dated 2nd Sept., 1845—probate was granted to William Richards, Esq.—I also produce a will of William Musgrave Bowen, dated 15th March, 18846; the witnesses to which are John Bell and John Wood—also a letter signed "John Bell," and a printed notice, requiring John Bell and John Wood to come forward and prove the will.
WILLIAM RICHARDS , Esq. I am a Magistrate of the country of Pembroke, and reside at Tenby. I knew Lieutenant Peregrine Bowen—William Musgrave Bowen was under my guardianship when he was last in England—I had been guardian to him fourteen years, ever since the death of his father—Peregine Bowen was his half-brother, and was older than he was—they were not on good terms—I never saw the prisoner before this transaction was brought before the Lord Mayor—the whole of this will, dated 2nd Sept., except the attestation, is in William Musgrave Bowen's writing—the other will, of 15th March, 1846, is not in his writing, not any of it—he always resided at my house when he was in England, and at my father's before me—I have known him all his life—I believe he left England, the last time, on 8th Sept., 1845, a few days after the date of the genuine will—I heard of his death in the early part of June, 1846—I obtained probate of the will early in Feb., 1847—I first heard of the other will, dated 15th March, 1846, about the 15th or 17th of Feb., 1847, and went to see it at Mr. Gwynne's, the solicitor for Peregrine Bowen, at Haverfordwest—he showed it me, after some difficulty—it is the one which has been produced—I know Peregrine Bowen's writing, and believe the whole of this will to be his, with the exception of the attesting of John Bell—"John Wood" is in his writing—Peregrine Bowen is since dead.
Cross-examined by MR. CLARKSON. Q. The family of Peregrine Bowen are sill fighting the battle about this will, are they not? A. I believe so—they have not withdrawn heir opposition to it, to my knowledge—I knew Peregrine Bowen upwards of thirty years—I did not think much of him myself—I think he was a clever person—there is an attempted imitation of the writing of William Musgrave Bowen in the postscript to the second will—I have not seen Peregrine Bowen for eight or nine years.
MR. ROBINSON. Q. But you are well acquainted with his writing? A. Perfectly—I am not aware that his friends or relatives are withdrawing all claim under that will—it may be so.
Bowen's writing—this will of 2nd September is in William Bowen's writing, and I believe ✗ other is Peregrine Bowen's writing—the attestation of John Bell is not his writing, but the rest is.
GEORGE STIRLING. I am clerk to Messrs. Walker and Grant, solicitors, of King's-road, Bedford-row. I was a witness to the will of 2nd September, 1845—this is it—I saw William Bowen execute it; I and the other attesting witness signed it in his presence.
WILLIAM BROWN. 1 live at 3, Island-row, Commercial-road, and was acquainted with Peregrine Bowen. I received directions from him with regard to advertising for two persons, named John Bell and John Wood; in consequence of which I received this letter which had been produced, pur porting to have the signature of John Bell—I forwarded it to Peregrine Bowen's solicitor, and afterwards saw it at the Registry-office.
WILLIAM HOLLAND. I am agent of the London and North Western Railway Company, at the Edge-hill station, near Liverpool. The prisoner was clerk and ticket-porter there—I had opportunities of seeing his writing—this letter, signed "John Bell," appears to be his, as far as I can judge, with the exception of the letter "J" in John, which is a long one, and he generally makes a short "J"—the signature, "John Bell," to the will of 18th March, 1846, is the same, with that exception—I speak as to my opinion—I have seen Peregrine Bowen—I did not know him—he was well acquainted and intimate with the prisoner.
Cross-examined. Q. Very intimate, I believe? A. Yes—I knew nothing of Peregrine Bowen—I speak to these documents from their apparent similarity to the writing of the prisoner, which I have seen—it is all like it but the "J"—he had been clerk there eighteen months or two years—he was a gentleman of unimpeachable integrity and character during the whole time I knew him—I should not have entertained the slightest suspicion that he would have been guilty of any immoral or improper act—if this is the prisoner's writing, there does not appear to be any endeavour to conceal it, except that one letter is dissimilar.
JOHN JONES. I am superintendent of the London and North Western Railway Company, and have known the prisoner eighteen months or two years. I have seen him write (looking at the letter and forged will)—I never saw him make a "J" in the way it is here—he generally makes them with short tails, and rather rounder—with the exception of the "J", the rest of these two instruments appear to be his writing—I find no other difference—I once had some conversation with him respecting Peregrine Bowen, some few days after he had put an end to himself—he said he had done more for Peregrine Bowen than he would do for his own brother, and that was being bound in a Loan Society.
Cross-examined. Q. I believe you have observed that the prisoner usually wrote his "J" distinct from the letters that followed? A. Yes—this appears to have been written into the word, and made part of it—I have never had an opportunity of seeing him form the letter "B"—that appeared to be a difficulty with me—to the best of my belief this is his writing, or a close imitation of it—I believe it to be his writing, from the resemblance—I have seen one man write very like another—I may have seen the writing of one man match the writing of another so closely, that if I had not seen the imitation I should not have known it from the original—I never heard a breath to the prisoner's prejudice as an officer and a gentleman—I believe him still to bear a character altogether unexceptionable.
and occupy a house in Trinity-place, Charing-cross. The prisoner stopped with me at one time, and I saw him write a great deal—this letter is very similar to his writing, and I believe it is—I believe this "John Bell" to this will to be his writing also.
Cross-examined. Q. Are you the same Mr. Barwell who is the surveyor at Trinity-place? A. Yes—I have seen the prisoner write perhaps twenty times—the last time was in the year 1843, when he was ta my house—I do not think the "J" of "John Bell," in either the letter or will, are like his writing—I have been in Court while the other witnesses were being examined, but I speak from my own knowledge.
JOHN BURROSE SUMMERS. I reside at Glo'ster-place, Old Kent-road, and am articled to a solicitor. I know the prisoner, and am acquainted with his writing—I have received three letters from him—I believe this letter is his writing, and also the signature "J. Bell" to the will.
Cross-examined. Q. How long have you known him? A. About eighteen months prior to his going to the railway—I never saw him write.
PATRICK CONLAN. I am one of the Irish Revenue-police, and served under the prisoner better than six years. I saw him write during that time—he made out the pay-lists every week—I believe this letter is his writing, and this signature also.
Cross-examined. Q. How long is it since you have seen him write? A. Five years; but I have seen his writing since that.
THOMAS RYAN. I am a private in the Irish Revenue-police. I know the prisoner, and served under him in Ireland more than seven years—I saw him write sometimes—I believe this letter to be his writing, and the signature "John Bell" to his will.
Cross-examined. Q. How long is it since you have seen him write? A. nearly five years.
HENRY ADLARD. I am an engraver, and an accustomed to examine written documents. This will is in a disguised hand—the postscript is a feigned hand, an imitation—I have looked at it with a glass, and observe that it has been carefully pencilled before the writing has been put, and traced over with ink afterwards—both the signature "William Musgrave Bowen," and the writing—the signature "John Bell," appears to be a nature hand—I think this letter is in natural hand, free, and written without hesitation.
Cross-examined. Q. (handing a paper to the witness)—Is that a natural or a feigned hand? A. I think a natural hand—it appears ro be written freely—the writing in the letter produced has been very slowly done—I can judge whether a man writes slowly or quickly—he could not have gone over the pencil tracing unless it was slowly written—I am a fac-similist—I have found it to be the case, in one or two instances, that my fac-simile has been taken for the original.
MR. BODKIN. Q. Look at the signature of the supposed testator to that will; is that the free, natural handwriting of the party? A. Certainly no—it is first pencilled, and then very carefully traced over with ink—it is what I call an imitative hand.
EDWIN EDWARDS. I am one of the examiners at Doctors' Commons. I took the examination of witnesses in the case of "Bowen v. Richards"—in February last, a person calling himself John Wood appeared to give evidence before me—he was dressed as a sailor, and was chewing tobacco, and altogether his speaking and conversation was that of a common sailor—I took down his evidence, and he signed it—this is it (produced)—it is my writing—I
was afterwards present at the Mansion-house when he was examined—he was then dressed as a lieutenant, in uniform—it was the same man that I examined—I do not recollect his answering to any name then.
Cross-examined. Q. He spirted his tobacco all about the place, did he not? A. Yes, and called us all lubbers.
JOSEPH HEDINGTON (City policeman, 20.) On 2nd Feb. I was directed to watch the movements of a person who was examined at Doctors' Commons, in the dress of a sailor—he went to Liverpool—I went by the same train, and, in consequence of what I learned, and from instructions, I took him into custody, and he was taken before the Lord Mayor on this charge—he turned out to be Peregrine Bowen—he was remanded once or twice, and on the morning of the final examination he was found to have destroyed himself in prison—on the way to Liverpool he stopped at the Edge-hill station, and gave a letter, which I had previously seen him write at Crewe, to the collector who received the tickets, to give to Mr. Dobbin—Crewe is a station on the line where we stopped an hour—that was on 3rd Feb.—on the 4th, I saw the prisoner at Edge-hill, and asked him if he would be kind enough to tell me who the gentleman was that he had received a letter from the previous night, that came from London—he studied for a moment or two, and then said, "Lieutenant Bowen"—I asked him if he knew where he lived—he said he did not know; if I wanted to know I must apply to the Admiralty; or if he wanted to know he must apply to the Admiralty—I took him into custody on 11th March—he was at Edge-hill station, collecting the tickets—I waited till he had finished them, went into the office, and I was an officer from London; that he was charged with forging the name of John Bell, the attesting witness to the will of a person of the name of William Musgrave Bowen—he said it was a very hard case for a man to be taken into custody that was innocent, or knew nothing about-it; I am not positive which he said—I went with him to his house, and found these three letters (produced)—I said, "These are signed J. Dobbin," and asked if they were his writing; he said, "Yes"—I asked him if the signatures were his; he said, "Yes"—I also found these other letters.
Cross-examined. Q. Did you recollect when you were before the Magistrate that he said if you wanted to know Bowen's address you must ask at the Admiralty? A. Yes; he had a brown coat and a round sailor's hat on—after leaving Doctors' Commons, he went to the Cross Keys, and put on a light coat, similar to a watchman's.
(One of the letters was here read; it was dated Feb. 20th, 1846, from Mr. Wood, Chairman of the Customs, to Lieut. Bowen, relative to an application of the prisoner for the Mastership of the Pembroke Union Workhouse; and stating that he had been discharged from the Revenue Police for not having displayed sufficient activity and zeal. The deposition of Peregrine Bowen, as John Wood, is the Prerogative Court, was also read in support of the attestation to the forged will.)
(The prisoner received an excellent character.)
Before Mr. Justice Cresswell.
1103. THOMAS BAILEY , for a robbery on Henry Haines, and stealing 1 handkerchief, value 2s. 6d.; 3 shillings, and 4 sixpences, his property; and beating, striking, and using other personal violence to him.
MR. MELLER conducted the Prosecution.
and am a brass founder. On the morning of 3rd April, about two o'clock, I was going home and met three men, who came up to me, hustled me, and in a moment threw me down—one of them struck me on the nose—while I was down they took 5s. and a silk handkerchief out of my pocket, which was all I had—I called for the police—they showed me on the kerb, and all three of them fell on me, and laid on me, and ran away—they all seemed to run one way, down the turning which I was going up, in a contrary direction to which I was going—I noticed one in particular; he was the prisoner—three policemen came up; one of them came the same way that the men had gone, and he must have passed them—the police took me to a house about two turning off, where I saw the prisoner—I recognized him immediately—he was standing at the side of a bed, just taking off his coat—there was a man in the bed with his trowsers on—I could not speak to him, nut am positive as to the prisoner—I had never seen him before—there was no moonlight—there were lamps about.
WILLIAN FOWLE (policemen.) On Monday morning, 3rd April, I was on duty in Wentworth-street, Whitechapel, and at about half-past two o'clock, in consequence of hearing cries of "Police!" I went in the direction of the cries, and met the prisoner—I asked him if he heard the cry of "Police!"—he said he had in Angel-alley—I then passed him, left him standing, and went towards the place—I met Haines and two other constables coming towards me—Haines' nose was bleeding—he said he had been hurt—I went with him to Lower Gedge-street, and there saw the prisoner, another man, and two females, standing on the opposite side of the street—when the prisoner saw us, he and the other man crossed the street, went into a house, and shut the door—I immediately ran to the door and heard them scrambling up stairs—I burst the door open and found the prisoner in a first floor room, just taking off his coat—I asked Haines if he was the man—he said he was not sure—there was no light in the room—I turned my light on his face, and Haines said immediately, "He is the man"—the prisoner said nothing—I gave him in charge to another constable—I told the prisoner he was charged with being concerned with two others in knocking Haines down and robbing him—he said he had not, as he had just turned out of bed, (pointing to another man who was in bed with his waistcoat, trowsers, and boots on)—I found on the prisoner 1s. and a handkerchief; not the prosecutor's.
Prisoner's Defence. I was not there; I was drinking with a young chap, and got tipsy; he took me home, and, as I was getting up, the policeman came and took me.
GUILTY. Aged 20.— Confined Twelve Months
Before Mr. Justice Erle.
MR. PLATT conducted the Prosecution.
WILLIAM TAYLOR. I am a hatter, and live at 79, Broadwall, Lambeth, On the morning of 29th March, about one o'clock, I was in St. John-street, going to Islington, and met the prisoners—Brown asked me if I had any halfpence to give him, to relieve him, as he was in distress—I told him I had got nothing, and walked on—he walked after me, and Ware also—they were in company—I turned round, and told Brown I had got nothing to give him—he doubled his fist at me and said, "You b—, you have got some halfpence, and I will punch your b—head"—he was close to me—I called "Police!"—he
put himself in a fighting attitude—Ware was close behind him, and said, "He has got some money, and we must have it"—just then the policeman came up and took them.
Ware. Q. Was not I two yards off when Brown spoke to you? A. No, you were close behind him.
Brown. I asked for alms, but did not use bad words. Witness. He did.
HENRY THOMAS JACKMAN (policeman, G 192.) On 29th March, about ten minutes past one o'clock, I was in St. John-street, and saw the prisoners together—I knew them before as beggars—I was near enough to hear what was said—Brown stopped Taylor and said, "Can you relive a poor man with a wife and five children?"—Taylor said, "I have nothing for you, my good man"—Brown put himself in a fighting attitude, and said he would knock his b—head off if he did not—Ware directly said, "Yes, he has got some, and we must have some"—they were about a yard apart at first, and when Brown was going to stride Taylor, Ware came up close—I came over directly and took Brown into custody—another policeman took Ware—Brown said, "So help me God I only asked him for a bit of tobacco."
HENRY TYLER (Policeman, G 130.) on the night of 29th March, I was on duty, and saw the prisoners together—they followed Taylor, and asked him for some halfpence—Brown said he had a wife and five children—Taylor said he had no halfpence to give him—Brown then said, "You b—, you have, and if you do not give it me, I will punch your b—head"—he put himself in a fighting attitude—Ware was close to him, and could hear what he said—Ware into custody, and Jackman took Brown.
Ware's Defence. I had no intention of robbing the man; we had no sticks; I only asked him fot a few halfpence.
Brown's Defence. I made use of no langrage.
WARE— GUILTY. Aged 49.
BROWN— GUILTY. Aged 30.
Confined Six Months.
Before Mr. Justice Cresswell.
1105. HENRY BRIANT , EDWARD FOY alias Chandler , ANN HENDLEY , and ANN DICKENSON , burglary in the dwelling-house of Henry Coombs, and stealing a jacket, 2 pairs of trowsers, and other articles, value 2l., his goods: also, 1 time-piece, 1 pair of trowsers, and other articles, value 4l.; the goods of William Charles.
MR. PLUMPTREE conducted the Prosecution.
ELIZABETH COOMBS. I am the wife of Henry Coombs, of 22, Northampton-street, King's-cross—it is his dwelling-house, and is in the parish of St. Pancras. On Saturday, 18th March, I left the house at a quarter past nine o'clock—I am quite confined that I shut the door after me—I returned about half-past ten, and found the house had been broken open; and there were several policemen and neighbours in it—I missed a jacket, two pairs of trowsers, three sheets, two table-cloths, several small pieces of silver coin, and a purse—I found a poker, which belonged to the lodger in the back room, lying on the table, bent double—the street-door opens with a latch—this is the key—William Charles, his wife, and Mrs. Brown, lodge in our house.
Cross-examined by MR. HORRY. Q. Are you about the time? A. Yes, quite, because my husband had go to a club, and I looked at the
clock—all the lodgers have latch-keys—I do not know whether the lodgers were in when I went out, but I think not.
SUSAN CHARLES. I lice with my husband, in this house. On Saturday night, 18th March, I went out at twenty minutes to nine o'clock, came back at five minutes to nine, and observed two men standing on the step of the door, and the door open—Briant is one of them—I asked them what they pleased to want—he said to the other that they had made a mistake in the house, that it was next door they wanted, and not ours—I went up stairs, and shut the street-door after me—they went off the step of the door, and I lost sight of them—our room is above the parlour—I and mu husband went out again at five minutes past nine—my husband locked the door, and I saw him put the key into his pocket—we returned at twenty minutes past ten, and found the street-door locked and bolted—my husband got in at the back, and I heard him unbolt the door from the inside—our room door was open, and the room had been robbed of a time-piece, a pair of trowsers, three shirts, two silk handkerchiefs, and a great many things, worth altogrther about 4l.—the police were called.
Cross-examined. Q. Had you ever before seen either of those persons at the door? A. Not to my knowledge—it was a beautiful moonlight night—there was a gas-lamp about two doors off—Briant's face was towards the kerb, and the other's towards the doors when I came up—that was all I saw of them—I saw Briant again on Monday morning, at the Police-station—the policeman fetched me, and said he had got a man on suspicion of entering the house—I saw Briant and Ann Hendley at the station—the policeman pointed out Briant—I told the policeman on the Sunday morning that I had seen two men on the steps—IL did not see them above a minute, but I took particular notice of them, because they stood so steadfast.
ELLEN JONES. I live at 18, Suffolk-street, King's-cross. On Saturday night, 18th March, my mother sent me out on an errand—I went down Northampton-street, and stood on the step of 23, taking to a girl I knew—that is next door to Mr. Coombs—I saw the prisoners, Briant and Foy, standing on the step of Coombs' door, and the two female prisoners on the opposite side of the way, with a large market-basket—I am quite sure the prisoners are the same persons—I noticed them very much—they were trying to open the door; and when they saw me noticing them, they began knocking at the door—the two women went down to the bottom of the street, and changed their shawls—I knew the men by sight, and also Ann Hendley—I have seen her frequently.
Cross-examined. Q. Were their faces towards the door? A. Yes. they were trying to open it—they had a key—I fold the policeman of this the same night—I went two the Police-court on the Monday—I have seen the other witnesses, but have not talked the matter over with them.
ELIZA PERRING. I live at 12, Northampton-street, king's-cross, directly opposite Mr. Coombs. On Saturday night, 18th March, about ten minutes before nine o'clock, I saw Briant and another on the kerb-stone opposite the door, and Hendley near our house—IL saw Briant again at a quarter past nine, at the same place; and I saw Handley walking by our door frequently that night.
Cross-examined. Q. Had you ever seen either of them before? A. No—I saw them again on Monday morning—the second time Briant was alone—I heard a disturbance, and went over to Mr. Coombs' to see what was the matter; and there I stated to the policeman that I had seen the two men—the policeman took me to the Police-court—we went to the station to identify
the prisoners—he did not say he had got the men in custody—he told me to come and see if I knew them again—I identified them directly—they were brought out of the cell.
JAMES LAKE. I live at 16, Northampton-street, and am a barometermaker. On Saturday night, 18th March, a few minutes after nine o'clock, as I was coming out of the door, I saw two young men trying to get into No.15—I cannot swear to them—I went down a little further, and saw the two young women.
ISAAC HUGHES PUGH. I am a pawnbroker, at Acton-place, Bagnigge Wells-road. I produce a jacket, towel two sheets, and a shirt—the jacket and towel were pledged by Dickenson on Saturday night, 18th March, between nine and eleven o'clock
JEREMIAH LOCKABY (policeman, S 180.) From information, I went to 50, Brill-row, Somers-town, into a back room on the second floor, and found Briant and Dickenson in bed together—I told Briant I wanted him—he said, "Very well, I will go with you"—I found in hid room this life-preserver (produced) three keys, and a chisel—he said, "Don't take that chisel; my father left it here on Saturday night for me to do a job with"—I took Dickenson on the 22nd, and told her what for—she said, "I was not out at all on Saturday night; my landlady can prove it"—I took Foy in a public-house in Judd-street, on the 24th—I said, "I want you"—he said, "So help me God, I do not think you have got me to-rights; if I thought you had got me to rights as you have Briant, I would rip your guts out"—I had not said a word about Briant—at the Police-court, next day, he said, "I saw you coming; I ran into the public-house; I did not think you saw me; if I thought you had, I would haves got out the back way over the wall, and come through one of the other houses"—Hendley gave me these three keys(produced) when she was brought to the station.
JOHN DEAR. (policeman, S 381.) I took Hendley—on friday night I was in Judd-street with Lockaby, and saw Foy—as we approached him, he left two persons he was speaking to, and went into a public-house—Lockaby went and took him—he told him what for—he said, "I will go with you quietly if you do not handcuff me"—we were gone a very few yards into the street before he said, "If I thought you had got me to rights as you have Briant, I would rip your b—guts out"—he threw us both on the ground—I laid hold of him, put handcuffs on him, and took him to the station—I have tried these two keys given up by Hendley, and they will open Mr. Goombs' door—it is a very common latch.
WILLIAM CHARLES. I lodged at Mr. Coombs'. On Saturday night. 18th March, I left the house at five minutes past nine o'clock—I locked the door, and tried it—I returned at twenty minutes past ten, and found the people who live in the back parlour standing at the door, and could not get in—I went next door and over the wall, and found the back door open, and all the doors in the house open—my own room door was also open—these trowsers are mine—I had seen them about nine o'clock, and missed them afterwards.
ELIZABETH BROWN. I am wife of Charles Brown, of 8, Suffolk-street, King's-cross. On 18th March I lodged in Mr. Coombs' back parlour—I went out that about ten minutes to nine o'clock, and locked the door after me—Mrs. Coombs was then on the step, talking to a person—the street door, was open—I came back about half-past nine—I put the key in the door, and
found it fast—I could not get in—I afterwards got in, and found my roomdoor open and unlocked—my husband was not in.
ELIZABETH COOMBS re-examined. This jacket, the towels, and sheets are my husband's—I had seen them safe about a quarter before nine o'clock the same evening—I believe I was the last person to go out—I always pull the door to after me, and try it—my lodgers were home before me.
The prisoner Foy called
MARY CHANDLER. I live at 2, Miller-street, Camdentown. On 18th March I went out to market at nine o'clock, and left my son at home—I went home again at past ten, I cannot say how much, and he had just gone out—I do not know where Northampton-street is.
BRIANT— GUILTY*.* Aged 21.
FOY— GUILTY*. Aged 19.
HENDLEY— GUILTY. Aged 18.
DICKENSON— GUILTY. Aged 20.
Transported for Ten Years.
NEW COURT.—Saturday, April 8th,1848.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. GIBBS; Mr. Ald. FARSCOMB; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury
GUILTY. Aged 34.— Confined Six Months.
GUILTY. Aged 28.— Confined Six Months
THIRD COURT—Saturday, April 8th, 1848,
PRESENT—Mr. Ald. FARNCKOMB; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
GUILTY. Aged 21.— Confined Two Years.
RICHARD ETHEREDGE (policeman.) ON 20th March, about half-past ten o'clock, I was called to Trusler's coffee-shop, Gray's-inn-road, and found the prisoner—she seemed ill—I asked her what was the matter—she said she was very poorly—I said, "You have been taking something"—she said, "No, I have not"—Mrs. Trusler said she had put something out of a phial
into her coffee, drank some of it, and told the servant to take it away and was it—I took her to the hospital—in going along she threw a phial away—I picked it up—it was broken—it had this label upon it, "Laudanum, poison"—I have kept it ever since—I saw another constable take this other bottle from her hand—it has "Laudanum, poison" on it.
MARY REID. I am in Mr. Trusler's service. The prisoner came in about nine o'clock, and asked for a cup of coffee—I served her—she paid for it—in about three-quarters of an hour she asked for a cup of tea—I took it—she emptied nearly a saucerful of coffee from the tray into a saucer—it smelled of laudanum—I threw it away—I told my mistress—she asked the prisoner if she had been taking anything, and a gentleman asked her—she several times said, "No" and then she said she had been taking ether—that does not smell like laudanum.
ANN PARSONS. I am nurse at the Royal Free Hospital. The prisoner was brought there on 20th March—she did not appear quite herself—an emetic was given her—it did not succeed—they applied a stomach-pump, and got laudanum from her stomach—I saw it—if it bad not been brought up, it would have killed her—she was allowed to sleep for twenty minutes, and then I roused her and made her walk—she told me where she came from, and she said she had done it, and she would do it, and would not die a natural death—I asked her, in the night, if she was not sorry, and where she thought she would go to—she said there could not be a worse hell than this present time on earth.
GUILTY. Aged 31.— Judgment Respited.
JOHN ROBERTSON. I am a rope-maker at Emmett-street, Poplar. The prisoner was in my service—I had been bottling some wine—I heard some one in my cellar, went down, and saw the prisoner come out trying to hide something—I followed her through the kitchen to a come at the side of the house, and told my wife to search her while I examined the wine—ones bottle had been taken, and two empty ones taken out and filled—I went in to the kitchen—the prisoner was there—I accused her o f stealing some wine—she said she had taken it because she had not sufficient beer—my wife demanded the key of the closet—she said, "Mistress, You will find nothing but three bottles of wine"—she gave her the key from her bosom—we went to the watercloset, and found four bottles of wine, two corked and one temporarily corked—I said I should send for the police and search her boxes—she said I should not, without a search-warrant—I went up with her, and the policeman searched her boxes and found one bottle of brandy, two of rum, one of claret and eight of Madeira—she said she and her fellow-servant took them—I
asked her what she meant by taking them—she said, "We stole them, because we had not enough beer."
JOHN BARKER (policeman.) I saw nine bottles of wine found in the prisoners box—I asked how she accounted for it—she said her fellow-servant stole them, because they only had half a pint of beer a day.
Prisoner's Defence. I did not know of what was in my box, only what was in the water-closet.
GUILTY. Recommended to mercy by the Prosecutor.— Confined One Month.
1114. JAMES ROCK , stealing 5lbs. weight of soap, 3lbs. candles, 1lb. pepper, and 3lbs. soda, value 5s. 2d.; the goods of John Higgins, his master; and MARY MILNER , feloniously receiving the same; to which
ROCK Pleaded GUILTY. Aged 16.— Confined Two Months.
JOHN HIGGINS. I am an oilman at High-street, Shoreditch. Rock was in my service about eighteen months. On 23rd March I sent him out with goods—LI went to his cart at the door, and found a bottle of turpentine in a bag—he had no order for that—I sent my son to watch him—he never came back—I found my cart at Mr. Gibbs', in Kingsland, next morning=I went to a house in New North-street, and saw Rock, and Milner's husband, and afterwards Milner—her husband did, "Tell the truth."
MR. PARRY contended that what the husband said could not be evidence against the wife; the COURT, having consulted Mr. justice Cresswell, decided that the statement could be heard.
Witness continued. I said, "You are a wicked women, "and said I should certainly punish her—her husband said he was very sorry to have to inform me that his wife had been receiving goods of the boy, and he felt it his duty to let me deal with the two as I liked, for he was in an awkward situation, in consequence of the communication he had received from his wife; that after the boy absconded she was very uneasy, and a man came and asked her to let him have 10s., which she owed the boy for the goods; that she gave him 10s.; that next day the man came again, and told her he must have 1l., and a coat and waistcoat to cover Rock's retreat out of London; and that, to avoid his getting into any difficulty, she gave him them—the wife implored me to forgive her, after which her husband said, "Tell Mr. Higgins the truth"—I said, "Do not say, for it will be better or worse for you"—I did not say, "Mind what you say, fot it will be better or worse for you she said, "I am very sorry I have done it"—her husband said, "What have you done?"—she said, "That I received the goods"—we asked, "What goods!"—she said, she had received two bars of soap, three pounds of soda, one pound of pepper, and three pounds of candles, from the boy—I said I should surely punish her, that she was a wicked woman, and knew how my previous shopman had robbed me—I took Rock to the station—Milner had dealt with me weekly, between three or four years.
Cross-examined by MR. PARRY. Q. Have you any vindictive feeling against her? A. No—she always paid me regularly—I saw her husband before she came down—he expressed no irritation towards her—he did not charge her with having left him—I think he said, I might take her and do what I liked with her—he asked me to overlook the case.
JOHN HARVEY (policeman. G 118.) Rock was brought to the station—I went with Mr. Higgins to Milners—she was given in to my charge for receiving stolen goods—she said she was very sorry for it—she told me at the
Police-court where I should find the goods—I went, and found these things (produced.)
Cross-examined. Q. When was the mark made? A. The morning I lost it—I scratched it will my nail—I supplied Milner with soap, but had not sent any of this sort for a fortnight—she keeps a chandler's-shop—the things were not concealed.
(The prisoners received good characters.)
MILNER— GUILTY.—Recommended to mercy by jury— Confined Four Months.
MR. RYLAND conducted the Prosecution.
THOMAS CONCHAR (policeman, H 186.) On 17th March, about half-post twelve at night, I was on duty in Marmaduke-street, St, George's in the East—I heard a noise at No.10, kept by James Watson—I found the outside shutter wrenched open, the top sash pulled down, and a square of glass broken, near the catch—I looked in and saw a clock lying on the table—the shutter were safe twenty minutes before—I turned my light on Inside, and called out four times—the fourth time, some inside said, "All right"—I said I did not think it was—I knocked at the door, was let in, and found the prisoner in the room—he appeared to have been drinking but knew what he was about—I asked what he did there—he said he came to see his mother—this glass was on the table—I asked if it belonged to him—he said he knew nothing about it—he made a statement before the Magistrate, which the Magistrate signed—this is it—(read—"I was very drunk; my father and mother used to live there, and I went in my mistake.")
MARY DAMERELL. I am the wife of Samuel Damerell, a policeman, On 17th March we occupied the ground floor of 10, Marmadake-street—we had lived there two nights—my husband was on duty—I went to bed at half-past nine o'clock, leaving the window shut up—the sash was hasped—no glass was broken—the clock was hanging on the well—there was no glass on the table—I had no glass like this.
Cross-examined by MR. PAYNE. Q. Were other persons in the house? A. yes—I am sure the clock had not been lying on the table.
Cross-examined. Q. How long had you rented it? A. About five weeks—the prisoner's parents lived there before Damerells.
FRANCIS PIGNATELLI. I keep the Angel and Crown, Wellclose-square, On 17th March the prisoner was there from ten to twelve o'clock at night—he drank with the company—they had a glass of this sort—it has my name on it—he left about twelve, quite drunk—I was shutting up, and did not look for the glass—I went in and missed it.
(The prisoner received a good character.)
(There was another indictment against the prisoner, for stealing the glass, upon which Mr. Ryland offered no evidence.)
JOSEPH DICKER. I am a shoemaker, at Strutton-ground. On 27th March, about eight o'clock at night, I was in the shop, and saw the prisoners standing at the window—I knew them before—I spoke to my mistress, turned, and found the string of a pair of boots cut—Corbett ran towards Duck-lane, and M'Andrew crossed the road—I ran out, but being a cripple, I could not catch them—I met a policeman with these boots—they are my mistress's, Catherine Craddocks.
SAMUEL BRINE (policeman.) I was on duty in Duck-lane, and saw Corbett running down Pear-street, a boy behind, and one before him—I called, "Stop thief!" followed Corbett into a water-closet—he got up through a hole in the ceiling, into another water-closet—I heard him drop something, and found these boots in the passage, through which he ran—I took him in about an hour.
Corbett's Defence. I heard a boy had stolen some boots, and went to the corner of the street; the policeman passed me two or three times, and then took me.
M'Andrew. I am innocent.
CORBETT— GUILTY.* Aged 17.— Confined Three Months.
M'ANDREW— NOT GUILTY.
ELIZABETH JOHNSON. I am a widow, and keep an oil-shop at Bethnalgreen On 25th march, between two and three o'clock, the prisoner came to know if I could accommodate him with some lucifer matches, for a customer; and if I would send any one with him, they should bring the money back—I knew him before, and allowed him to pack up some—I did not give him credit, but sent my daughter with him for the money—I never saw money or goods again.
Prisoner. You made me out a bill? Witness. You asked me to put it on paper; and I did, that my daughter might know what to bring back.
ELIZABETH JOHNSON, JUN. I live with my mother. She sent me with the prisoner—he was to give me 10s. 9d.—I went with him to Leather-lane, Holborn—he told me to stop outside, and said he had forgot the box—he went back to fetch it, and I never saw him again.
WILLIAM JENKINSON. I deal in matches, at Leather-lane. The prisoner brought me three or four gross of matches—I gave him 8s. for them—I have bought of him for years—he asked leave to leave the board on which they were brought—he returned directly, and took it away—I did not see him again.
GUILTY. Aged 17.— Confined Three Months.
(There were two other indictments.)
OLD COURT.—Monday, April 10th, 1848.
PRESENT—Mr. Ald, FAREBROTHER; MR. RECORDER; and EDWARD BULLOCK, Esq.
Before Mr. Recorder and the Third Jury.
MR. BALLANTINE conducted the Prosecution.
LEWIS WOOLF. I live with my father, a tailor, at 87, Quadrant—the prisoner was in his employ, and used to come about seven o'clock in the—morning—I used to open the shop. On 30th March I came down about half-past seven, and found the door that leads from the shop into the passage open, and the prisoner in the shop—I asked why he was there—he said that he came and found the door open, and went in to see whether there was anybody inside—this was after the time that he ought to have been there for his work—there was a drawer of the counter open, and two coats had been removed from it, and were lying near—I pointed them out to the prisoner—he said he had not noticed them before—I tried the door which leads from the shop into the street—It was locked, as it was the evening before—there was no mode of getting into the shop except through the passage—If I was not up the servant would open the door for him when he came—I believe she did let him in.
MR. PARNELL conducted the Prosecution.
JANE SHEAD. I am the wife of John Mason Shead, of 1, Willow-walk, Bethnal-green. On Saturday, 25th March, I left the house, with no one in it, at half-past seven o'clock—I shut the door quit safe—I returned at a quarter-past eight—I met Cole, and in consequence of what he said I hastened to the door, and put my key in—the moment I did that some one from within pulled it open, and three men came out—the prisoner was one—he had a gown of mine tied up in a handkerchief—he threw it into the ditch opposite, and Mrs. Scaife picked it up, and gave it me—this is it (produced)—the prisoner ran off, Mrs. Pluckrose caught him by the coat, and tore it—I went into the house, found the door had been opened with a key, my desk broken open, and papers scattered all over the place—I missed nothing but the gown—the chairs were put one on the other, and the bed was being rolled up—the prisoner was brought back to the house by the policeman—I swear he is one of the three that came out.
ELIZA PLUCKROSE. I am the wife of Thomas Pluckrose, and live next door to Mrs. Shead. On 25th March I saw her go to the door, and saw three men come out—I caught hold of one of them by the tail of his coat—the coat tore up, and he got away—I cannot say for a certainty that the prisoner is the man—the man that was brought back by the policeman was the one I had laid hold of.
ROBERT COLE. I live in Willow-walk. On this night, a little after eight o'clock, I went to Mrs. Shead's, knocked at the door, and got no answer—I looked through the window, and saw two men in the room—I went and told Mr. Mitchell and Mrs. Shead—while Mrs. Shead was putting the key into the door, the door was pulled out of her hand, and three men rushed out, and almost knocked her down—Mrs. Pluckrose laid hold of one of them by the cost—it tore, and he got away—I ran after him, and kept him in sight till he was stopped—Mitchell caught him—it was the prisoner.
THOMAS MITCHELL. I keep a beer-shop, at Barrett's-grove—Willowwalk is in the parish of St. Matthew, Bethnal-green. On this Saturday night cole came to me, and in consequence of what he said I went down to the house—I ran after a man with a torn coat, caught him, and delivered him to Bezley—the prisoner is the man.
THOMAS BEZLEY (policeman, H 84.) I received the prisoner in custody from Mitchell—his coat was torn up the back—I took him back to the house—there was the appearance of packing up to take things away.
Prisoner's Defence. I was in company with two men; I did not know where they were going; we went into this house, and as soon as we got in the people came.
GUILTY. Aged 28.— Transported for Ten Years.
MESSRS. CLARKSON, BALLANTINE, and HUDDLESTONE, conducted the Prosecution.
CUTHBERT COLLINGWOOD HALL. I live at Farnham Royal, near Slough Bucks. I know the prisoner—I first employed him to negociate bills for me, I think, in 1843—after having employed him for some time my affairs were put in the bands of Messrs. Gray and Berry, my father's solicitors—that is rather better than two years ago—I have employed the prisoner on one occasion since that—I never gave him authority to sign my name to paper—(three bills were here produced by Mr. Martin)—this 40l. bill, dated Oct.26, 1847, purports to be drawn by me—the signature is not mine—I was not employing the prisoner at that time—I did not give him any authority to sign my name to it—I have not derived any benefit whatever from it—I did not endorse this bill for 27l. 14s. 6d., dated 1st Oct., 1847—I was not employing the prisoner then—I did not authorise him or any one else to endorse it—I know nothing whatever about it—the acceptance to this bill for 38l. 15s., dated Oct. 13, is not mine—I gave the prisoner no authority to accept that bill—I believed I had not been in communication with him, on the subject of bills, about that time—from having been sued on one or more of these bills I obtained the means of examining them—On 16th Feb, last I was at the Rainbow tavern; that was on the day I inspected the bills, after consulting my solicitors on the subject—I think I examined the 40l. bill on that day—I had seen it before—Mr. Butler, the holder, had come down to my house with them, and showed them to me, on 7th Jan., I think—that was first knowledge I had that these bills were out against me—the prisoner came into the Rainbow after I was there—I called him over, and said I had a very serious charge against him for forgery—Mr. Gray was with me—the prisoner said, "I confess to it all"—Mr. Gray said to him that he did not wish to take an undue advantage of him, as he had no professional adviser—the prisoner knew Mr. Gray—he said he confessed to it all; that the two bills for 40l., and the 27l. 14s. 6d., were forgeries; that the bill for 118l. was my genuine acceptance, but he had altered the date of the year from 1845 to 1847—the 118l. bill was not produced at that time.
Cross-examined by MR. PARRY. Q. How long have you resided at Farnham? A. Since 1842—I knew the prisoner in 1842, and had business transactions with him in 1843—when I first knew him he was in the employment of Mr. Flint, the auctioneer—he left that employment about a year and a half ago—he did not leave Mr. Flint to become my agent in London—he has acted in that way in issuing bills for me; I mean getting my bills discounted—I was not living on bills at that time; I had an income of about 700l. a year—I cannot tell how many a week I used to get discounted—I
had no business—I had about eight acres of hand then—I was a wine-merchant fifteen years ago, and a general merchant as well—I did not tell—I retired from the business—my father paid some things for me on that occasion—I believe he paid my debts; at least he paid 1200l. or 1400l.—I cannot tell whether I should have failed if he had not paid my debts—I am forty years of age next June—the settlement which my father made was in 1846 and 1847; that was done through my solicitors, Messrs. Gray, who are also my father's solicitors—that settlement related to the bills that the prisoner had got discounted for me at various times—there are memorandums of the bills produced in Court—I did not keep what is termed a bill-book; I kept a memorandum book—I cannot tell how many bills the prisoner got discounted for me from 1843 to 1846—there were not as many as a thousand or fifteen hundred—I have no idea how many—sometimes I did not get a bill discounted once in a month—the amount my father paid for me in 1846 and 1847 was, I suppose between 5000l. and 6000l.; that does not include all the prisoner's transactions—there is only one of his unsettled now—there was an annuity paid off, which was included in that—I have not accepted as many as twenty bills at a time, and sent them up to the prisoner—there may have been as many as three or four, but I think not more—perhaps that has not happened once in a month, and it may have been once a week—I cannot tell whether the prisoner had means of his own for discounting bills—I know that he got the bills discounted elsewhere—I paid him for the discount whenever there was an account—he never kept a correct account, and I cannot say that I did, there was so much put down, perhaps 10l. or 12l.—I presume he used to have that for his trouble—I dare say you have an account—there were no stated payments to him—I did not order wine through him—I did on one occasion; it was an acceptance of a party who became bankrupt, and he agreed to pay half in wine and half on an acceptance—I never got the acceptance, and the wine was very bad—I do not know that I employed the prisoner to transact any other business for me in London—I never saw Mr. Carruthers—the wine came from him—I know Mr. Wells, a wine-merchant—I believe I had two dozen of wine from him, through the prisoner, not twelve dozen—I do not think the prisoner ever hired a servant for me—I am not fond of the sports of the field—the prisoner purchased a fowling-piece out of the monies he had in hand—I did not order him to buy it for me—I never had it—I was never in the habit of using a gun for sports—I have not frequently sent blank acceptances to the prisoner—the month and year were always included, and my signature and the amount—the actual day was not always put in—I was not generally in the habit of leaving it to the prisoner—there may have been one or two such instances, never five or six at one time—I was not in the habit of sending the prisoner post-dated checks to cash for me, that I am aware of—I do not think I ever did that—I will not aware it, but to the beat of my recollection I did not—the check-book will show, it is here—I do not know that the prisoner obtained money from Mr. Wells on my account on checks—I have paid the prisoner checks to take up bills—I believe those checks were not dated—I will not positively swear it—I think I have not frequently drawn checks on my bankers, and sent them up to the prisoner, when I was not in funds at the bankers, to meet them—my bankers' book is in Court—I do not remember without that—I do not know that I have done so—my father did not have the bills that were given up—they were given into the hands of Messrs. Gray and Berry; they are here; they are in my possession and I produce them (producing a great number from
a bag)—I had a transaction with a building society—I remember a transaction with the Eagle Company for 1000l.—that was not negociated by the prisoner—I do not think he had anything to do with it—he did not introduce me to the gentlemen—I communicated with the prisoner about it, but it was done through another party—I did not place that 1000l. in the prisoner's hands for the purpose of bills—a great deal of the 1000l. was to meet bills which the prisoner had discounted for me—I do not remember a transaction with a building or loan society, in Titchfield-street, for 10.5l., about July, 1845—I swear I know nothing about it—this bill (looking at one produced by Mr. Parry for 105l., dated 19th July, 1845,purporting to be accepted by Mr. witness) is a forgery—I did not pay it, not that I know of—it appears that the prisoner has paid it, because it is in his possession—it was not presented to me—these are all my memorandums for bills (producing them)—I believe all the bills that were sent to the prisoner were made payable at his house in London, with the exception of one—I do not know that Mr. Wells was a director or manager of this society in Titchfield-street—I never had any transaction with that society—this is the first time I have heard of it—I do not know Mr. Hoffman—I do not know whether Mr. Wells is here to-day—(looking at a bill for 49l. 10s., dated May 2, 1844, also purporting to be accepted by the witness)—this is also a forgery—you have possession of it, and therefore the prisoner has paid it—I know nothing about it—I have not paid it, and never gave directions for paying it, that I am aware of; certainly not if I had been aware it was a forgery (looking at another bill for 70l, dated May 13, 1844, similarly accepted)—this is also a forgery—I never saw it before—the acceptance is not my writing, and not authorised by me—the prisoner is the drawer—I know his writing—I do not know whose writing the acceptance is—I cannot form any opinion of it; it is a trace, a feigned hand—it is an imitation of mine—this letter (looking at one dated Sept. 2, 1845,) is my writing—it is addressed to the prisoner—(this was a letter containing a list of acceptance falling due, among which one for 105l. was mentioned)—that is not the bill there referred to—I cannot tell the date of the bill referred to in that letter—this other letter, addressed to the prisoner, is my writing—(this was dated 2nd June, 1844, enclosing a check for 49l. 10s., to meet an acceptance)—that check was not for the payment of the 49l. 10s. bill you have produced—you will find a 49l. 10s. bill there, but the originals have been paid—you an bringing forward the forgeries now (looking at a three months' bill for 35l. 8s., dated 5th Sept., 1845, drawn and endorsed by the witness, and accepted by John Whatmore, selected from the settled bills produced by the witness)—I have not paid this bill—I have only seen it in the hands of my solicitors—the acceptance to this bill for 56l. 5s., dated 9th Feb., 1846 (produced,) is not mine—I did not authorise the prisoner to write that acceptance—I have never seen that bill, except in the hands of my solicitors—both these bills have been paid.
COURT. Q. Can you account for their being paid? A. Living in the country my solicitor paid all that he supposed bore my name, there being the most implicit reliance placed on the prisoner—we never dreamt of a forgery, and I never knew anything about these bills until these last forgeries we are prosecuting for came out; and then, in looking over the vouchers with my solicitor, I found that he had paid two or three forged bills.
MR. PARRY. Q. Did you, before your solicitor paid these bills, furnish him with an account? A. I furnished an imperfect account, for I could not give him a perfect one—if I have a 120l. bill drawn by the prisoner, and endorsed
by Heseltine and Edwards, I will produce it—we have produced every document we have got—I have not kept back any bills—this letter, dated 2nd May, 1846, is my writing, in which mention is made of a 120l. bill—I do not know where that bill is—you have all that I had in my possession or my solicitor's—(This was a letter to the prisoner, commencing "I enclose you there acceptance, and a list for May," twelve in number, one of which was for 120l.) By "a list for May," I meant a list of bills due in May—I do not know what has become of that 120l. bill—it may be in the prisoner's possession, for he did not return me the bills regularly, I have produced all his papers that I have—from 1843 to 1846, while these bill transactions were going on—I was very anxious to keep the matter from my father—he has expressed displeasure at my conduct, and I was afraid of his anger—he now known that I have since been attempting to discount bills with the prisoner—I was once a candidate for the auditorship of a union—I was not successful—I had arranged with the prisoner, that if I succeeded, he was to transact all the accounts for me—(looking at a number of letters)—these are my writing, except one—I did not enclose that to the prisoner—I never saw it before—(These letters, twenty-eight in number, at dates from Jan, 1844 to March 1846, were here read; they disclosed, on the part of Mr. Hall, a great variety of bill transactions with different parties, requesting the prisoner to transmit him bills for acceptance, pressing him to settle with the holders of some over due, and to remit him money, of the want of which he frequently complains.)—The prisoner was to satisfy the demands made upon him, by getting the bills discounted—I used sometimes, perhaps, to send him a check for 100l.—he had always a balance in hand—he has the accounts—I did not keep accounts in two or three instances—I sent them to him, and was to have had them back, but never could get them; and that threw me all behind—these letters are mine—(These were dated 1st June, 1847; 20th June, 3rd and 17th Sept., 16th Nov., and 20th Oct.; in the first, the witness requests the prisoner to get money from their old friends the usurers, &c.; and in the last, presses him to render the account so long promised.)—This letter is my writing (dated July 9, 1845, returning three bills of 118l., 115l. and, 120l., accepted, and requesting an account of the same)—my father has expressed to me the strongest disapprobation of my again discounting bills after the settlement of 1846—I bank at the Union Bank—I do not know that it is their custom to balance their customers accounts daily—mine was balanced twice a year—the prisoner has mentioned to me that he obtained the use of other persons' names to my bills—I have seen those names on the bills when they have been returned—several of them were perfect strangers to me—I believe he told me that my bills were so stale in the market, that it was necessary to freshen them up a bit with new names; and I believe that was the fact—I occasionally came to town to see the prisoner—I was not in the habit of meeting him in out-of-the-way places for fear of my creditors—I think only in one instance—I generally met him at Mr. Flint's, where he was employed—he left there somewhere about Aug., 1846.
Q. Has not the prisoner frequently represented to you the pressure he was under to meet your bills; and have not you authorised him to use your name under circumstances of great pressure? A. No, I have not—that I swear—it was between three and four when I met him at the Rainbow—it was not then proposed that the he should go to my father's to explain what matters were still out—I swear that—Mr. Gray was present during the whole of the interview, until I had the prisoner removed into a private room out of the coffee-room—I was with him in that room about half an hour—I did not,
then state to him that my father was very angy with me, that he had found out I was again in the bill market; nor did I suggest to him to go to my father to explain all the matters—that I swear—no one else was present.
COURT. Q. Do you mean that after he had admitted himself guilty of forgery, you withdrew with him to a private room for half an hour? A. I do.
MR. BALLANTINE. Q. Look at that bill, is that your writing? A. It is; (this was a bill for 49l., 10s., dated May 2nd, 1844,) this is the bill referred to in my letter of 2nd June, 1844—I met the prisoner accidentally at the Rainbow—I had not contemplated seeing him and taking him into custody at that time—my attorney was with me, I had been with him to inspect the bills at Mr. Abrahams' office—it was in consequence of the prisoner saying, "I suppose you will take me into custody, but I hope will not do so here," that I ordered the private room—whilst I was with him in the private room my attorney went over to the Temple to take counsel's opinion—that was the reason the half-hour elapsed—I have not told anything that occurred after that, only what occurred in presence of my solicitor before we went into the private room.
COURT. Q. Then, had you no conversation in that half-hour? A. What took place in the private room was this, he turned his pockets out, and said there was no occasion to bring other people into the mess, or words to that effect, and he then gave me two bills and some notes, signed by Fisher—I have the documents, (producing them) and some street papers that he tore up and threw underneath the fire-place.
MR. BALLANTINE. Q. Look at that bill for 118l., is that the bill referred to in your letter of 9th July, 1845? A. It us—the month and year was to that bill when I sent it to the prisoner—it is now dated 1847, there has been an erasure, and the 5 has been altered to a 7—I did not authorize that—this note is in the prisoner's writing—(this was dated 29th Sept., 1845, enclosing three bills to the witness, one for endorsement, and two for acceptance)—when the prisoner said he had got other persons signatures, he did not say that he had signed their names—I have only got into one discount matter since the settlement, but it has turned out to be two—on 7th June I sent the prisoner a 100l. acceptance to receive the money, but I afterwards found there were two bills out against me—they are both my own genuine acceptance—he wrote to me that the bill was on a wrong stamp—I have only one here—it was only one transaction with him—I believe Mr. Gray had full authority to settle the whole of the bills out against me—I never authorized the prisoner, either verbally or by letter, to write my name, on the contrary, he has been in the habit of sending me down bill to accept and return to him.
BENJAMIN GRAY. I am a member of the firm of Gray and Berry, solicitors. I was employed by Mr. Hall and his son to settle some bills due by the son—I paid several bills for him—a very few were paid personally by me, they were paid by our firm—on 16th Feb. I went to Mr. Abrahams' office to inspect the bills, and afterwards went to the Rainbow tavern to lunch—the prisoner came in, Mr. Hall beckoned him to come across to the box were we were, and said, "Mayhew, I have a serious charge against you"—Mayhew said he would confess all—Mr. Hall said, "Do you know I have had two actions brought against me," or "I have been sued in two actions, one by Fisher, and another by Smith"—the prisoner then said, "I confess your names were forges to Fisher's bills, but your signature to Mr. Smith's bill is a genuine signature, but I altered the date from 1845 to 1847"—Mr. Hall then produced a paper which I had given him, being an account extracted
from the declarations in the action commenced against him by Miss Fisher, on two bills of exchange, and Mr. Hall said, "Tringham's and Lacom's acceptances"—the prisoner said, "I forged them"—Mr. Hall asked if there were any other forgeries—Mayhew said there were not—Hall then said, "But Gingell holds some bills of mine which are forgeries"—he said he had seen Gingell, and Mr. Hall would not be troubled on bills that Gingell had—Mr. Hall asked if be would give an account in writing of the bills he had forged, and took out his pocket-book—the priosner seened disposed to give an account, and I said, "Mr. Mayhew, you know I am Mr. Hall's solicitor, and I do not wish to take an undue advantage of anything you may do," that was as the pencil and paper were produced—Mayhew said he had done Mr. Hall a great injury, and he supposed a policeman would be sent for, or that he would be given in charge, and requested that his wife might be informed—they went into a private room, and I went to consult the Counsel for the prosecutor—on my return he was given into custody by Mr. Hall.
Cross-examined. Q. Did you go to old Mr. Hall? A. No, nor did I propose to go, to the best of my recollection—I think I have a tolerably accurate recollection of what passed—I did not say, "You know Mr. Mayhew we would not hurt a hair of your head"—I was not examined before the Magistrate—I attended all four of the examinations—I dine at the Rainbow frequently, and have taken lunch there—Mr. Hall never furnished me with an account of the bills that were to be paid—he furnished some account, it was an imperfect statement—he said he did not know what his liabilities were—he gave me the names of parties who held bills of his—I paid all bills that were brought to me which I believed were his acceptance, or which had his name to them, except one or two, which are yet unpaid—I have not seen a bill for 140l. in the hands of Mr. Keen which is yet unpaid—I know Mr. Hall stated to me that he had two acceptance coming due in this year—Mr. Hall is being sued on some of these bills now in question—we are his sttorneys—we are defending three actions for him, two of them on bills now in question, and one for rent under a lease of an estate; not of Farnham, that is Mr. Hall's private property, but it is mortgaged—I have no recollection of defending any other actions for him, but I do not attend to the common law—I never practised at criminal law, mine is the conveyancing department principally—I employ Mr. Sleap here as my agent—I have had a good many claims sent in against Mr. Hall since Feb. 1846, but I cannot give you the dates—his father has paid from 4 to 5000l.—I paid a bill for 56l. 5s., dated 9th Feb., 1846—I was not aware it was a forgery—I had not shown it to Mr. Hall, or had any communication with him about it—I had no idea when I paid the bills that any of them were forgeries, or I should not have done so—I had barely any communication with him throughout the whole transaction.
COURT. Q. Was that discovered since? A. Yes, in Feb. last, I believe—to the best of my recollection I paid this bill in Aug. or Sept. last.
JOHN WILLIAM BUTLER. I am an ironmonger in the Edgeware-road, and am acquainted with Mr. Hall. This bill for 27l. 14s. 6d., and also this for 40l., I received from the prisoner within three days of the time they are dated—the dates were Oct. 1st, and Oct. 26th, 1847)—the endorsement, Cuthbert Collingwood Hall, was on them, both when they were first brought—I held two other bills; one I hold now, but the other for 100l. I passed to Miss Fisher, of 66, Cambridge-terrace.
Cross-examined. Q. Were you at the Police-court? A. Yes—I saw Mr.
Gingell there—he produced billa before the Magistrate and the prosecutor, and I heard he was not required to attend any more—his bills turned out to be genuine, and they were handed back to him—I gave the bill of 38l. to Mr. Abrahams, and I think he produced it at the Police-court—I saw it put into Mr. Hall's hand—I had seen Mr. Hall before then, I think it was on 24th Oct., 1847, I then showed him these three bills and another one—he inspected them.
COURT. A. Are you the plaintiff in any of the actions? A. No—Mr. Abrahams is Miss Fisher's attorney, I am her agent—she makes a little money in the discount way.
Mr. BALLANTINE. Q. And she is the Plaintiff on these bills? A. Yes—I went to Mr. Hall, at Slough, on 24th Oct., that was a day or two before the 40l. bill became due—I knew the one for 27l. would not be due till Jan., but I saw him about that one—I saw him on the four—I think itt was about 27th or 29th Dec.,—I was wrong when I said 24th Oct.—I think it was before the bills became due—I swear it was not 7th Jan., because it was about the time the bill was coming due—it was on or about 27th Dec.—I think I showed him this bill of 26th Oct. before it came due—I went down because I was told they were not Mr. Hall's acceptances, and I took them in my pocket to ask him the question—he said the bill for 40l. was not his acceptance—the bill for 38l. he thought was his acceptance, but afterwards he said it was not—the bill for 100l. he said was his acceptance—that his been since paid—he said the bill for 27l. 14s. 6d. was not his acceptance—I should not like to swear that I went down to Mr. Hall before the bills were due, but I think it was—I heard they were supposed to be forged the evening before I went down—Captain Tringham called on me and told me something—I had the bill in my possession at the time it became due, Miss Fisher had given it me—I had it more than two days—I always present them when they are due—I think they were not due when I went to Slough—I think they had not then been presented.
COURT. Q. Surely you must know whether you had found any obstruetion to its being paid? A. I had not, that was one reason for thinking it was not forged—they were presented as a matter of course—I am not confident of the day I presented them, I think it was before they became due—I certainly presented them after having been down to Mr. Hall, that I swear—I had but the 40l. bill at that time to present—I presented that to Mr. Hall, at Mayhew's house—I did not see Mr. Hall.
COURT to MR. HALL. Q. How were the bills renewed? A. With fresh ones—the prisoner sent them down to me, two or three at a time, for my acceptance—my letters show no acknowledgment that I had received them from him—I never gave him any authority to sign a bill—he has never found funds for the purpose of bills—he always had a very large balance in hand, but I never could get an account from him.
(William Kensitt, collector of Poor's-rates for the parish of Marylebone; John Loveridge, Esq., 11, Grove-place, Lisson-grove; Thomas Studd, auctioneer, 28, New Church-street, Edgeware-road; John Kempsall, Star and Garter, Edgeware-road; George William Mellership, 13, Paddingtongreen, omnibus proprietor; James Lennine, 2, Harcourt-street; and Charles Allen, 10, Upper York-street, Bryanston-square, upholsterer, all gave the prisoner a good character.
GUILTY. Aged 41.—Recommended to mercy by the Jury.— Transported for Seven Years.
NEW COURT.—Monday, April 10th, 1848.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald., and Mr. COMMON SERJEANT.
Before Mr. Common sergeant and the Fifth Jury.
GEORGE YOUNG. I live in Queen-street, Chelsea—my wife is a laundress. On 20th March I went to a house in Hanover-terrace, Regent's-park, and received a check bag, a little larger than a pillow, containing eight shirt, pink striped, black striped, and spotted ones, eight collars, one flannel shirt, eight handkerchiefs, and two pairs of socks—I brought it through the Park, and gave it to Blackwell to put in his cart, about half-past seven o'clock—I returned in five minutes—the bundle was then gone—I have not seen it since.
JOHN WOOD. I keep a lodging-house, in Steven-street, Liason-grove. On 20th March the prisoner lodged with me—about half-past eight that evening conway came to my parlour door—he had a kind of check bundle, about the size of a pillow—Perry was in the passage.
ROBERT BUNNING. About half-past eight o'clock at night on 20th March, I was sitting with Mr. Wood—Conway came in with a bundle, in a check bag—I believe Perry was at the door, I did not see him—Wood desired Conway to take the bundle out immediately—I listened, and heard him offer a boy at the door a shilling to carry it for him, I could not hear in what direction—they went away—Perry came in about ten o'clock by himself—he said he wished to speak to me, he produced two handkerchiefs, and asked if I knew where he could dispose of them—I said no—he remained some time, and went a away—a little after ten, Conway came in, and said there was something up, and they must not sleep there that night—I asked Perry what he had done with the bundle—he said Conway sold the things for 15s., and he had half the money—he said they were a lot of shirts and collars, beautiful things, worth 6l. or 7l., and there were pink stripe shirts.
Conway's Defence. Between eight and nine o'clock Perry came to me in Steven-street, with a bundle or a handkerchief, and asked if I would carry it in for him; I did; the landlord sent me out; I went out, and gave it to Perry.
Perry's Defence. Conway owes Wood some money, and this is done out of spite.
CONWAY†— GUILTY. Aged 17.
PERRY*— GUILTY. Aged 19.
Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
CORNELIUS BARRETT. I am clerk to the justices of the police-court, Clerkenwell. ON 22nd Jan. the defendant appeared there on a charge of libel—a notice had been issued—the prisoner attended with a bill like this, having reference to the death of George Erry, on which he wrote "Mr. William Mason, 21, Clerkenwell-green," as his employers, to print them—they were then returned to him—one of them was a bill like this—(this being read, was an address to the rate payers, purporting to give an account of the death of George Erry, who was literally boiled alive in the soup copper, and the supicious means used for suppressing the evidence; also the quilly connivance of the Guardians of Clerkenwell, founded on communications received from Mr. William Mason, a guardian of the poor, &c. &c.)
Prisoner. Q. After my name was called by the Magistrates, did not you and Mr. Boulton, the solicitor for the prosecution, take me into the Magistrates private room to propose a compromise? A. No. you appeared in the public court—I was informed you were in court—I went to the Magistrate, and intimated that you were present—Mr. Boulton was sitting at the table, you appeared in front of that table—I said, "Is your name Edward Hancock? "—you said, "Yes"—I then took up the notice, and read from it that you were summoned to appear. to produce two papers.
Prisoner. You took me into a private room, on the left-hand side, and said, "Are you disposed to give any information?" Witness. That was what took place in the public court, before the Magistrate.
MR. BODKIN. Q. Were you the means of taking him into any private room? A. Not at all—some intimation was given me that he was present I was in the clerk's office—I walked into the court, and asked if his name was Edward Hancock—he said, "Yes," and produced the papers—he put them in as the printer—I then asked him the name of the person who employed him to print them—he took a pen from the table and wrote "William Mason"—I asked if he put that name down as the printer—he said, "Yes"
WILLIAM JAMES BOULTON. I am solicitor to the board of Guardians of Clerkenwell. I took out a summons against the prisoner, as printer of this bill, to produce the name of the person who employed him—I attended—he was in the clerk''s office with me—I said, if he chose then to tell me who if was employed him, we need not give him or the Magistrate any further trouble—he refused, and we went into the public room—he there stated be was the printer and publisher, and wrote down "William Mason, 21, Clerkenwell-green," as the person who employed him.
Prisoner. Q. I caused a notice to be sent to you to this effect, "Take notice that I require you to produce the book of minutes used by the Court of Guardians relative to the death of George Erry;" have you got the book? A. Yes—I have heard there was a boy named George Erry sent to Norwood—I have no doubt it was so—I do not know that he fell head foremost into a copper—they were giving the boys some treat, and he had an accident.
(The prisoner, in his defence, read the pamphlet to the Jury, and stated that he received all the information from Mason.)
GUILTY.— Judgment Respited.
OLD COURT.—Tuesday, April 11th, 1848.
PRESENT—Mr. Ald.GIBBS; Mr. Ald.JOHNSON; Mr.RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Second Jury.
MESSRS BODKIN and CLERK conducted the Prosecution.
THOMAS PICKETT (policeman, S 290.) On 21st March I was on duty at Holloway, about a quarter-past one o'clock in the night—a number of people were assembled outside the Cock public-house, singing, hallooing, swearing, and making a great disturbance—I said, "I hope you will go quietly to your homes"—they said, "You b----r, what do you mean?"—they got round me and knocked me down—both the prisoners were there on the kerb, but it was not by them—I was knocked down again, and then a third time by Empy—there was no other constable there—my face was cut with a fist, I belive, and nearly covered with blood—the third time some one said, "Kick the b----r"—they kicked me, and ran away—a good many kicked me—there were twenty or thirty assembled—after they ran off I sprung my rattle, and they all turned round on me, up a lane leading from Holloway-road to Hornsey-road—I went after them—they said, "You b----r, go back, or else I will murder you"—the prisoners were there then—they all turned back, came into Holloway-road again, and went towards London—I followed, met two constables, and gave two or three in charge who had assaulted me first—the prisoners cried out, "A rescue!" and began throwing stones—one struck me on the left temple, and I fell, bleeding—they rescued the men, and they began throwing stones as bad as the others—I got up and saw one of the N division on his back, and men jumping on him, kicking him, and crying, "Murder the b----r, slaughter the b----r, and we will soon do for the other"—I went up as quick as I could—one of them, who had got his truncheon from him, struck me on the left temple, knocked me down, kicked me, and said, "Murder the b----r"—I was insensible some time—I afterwards followed the [arty into Brand-street—the prisoners went into two different houses there—we broke in, and took Pickett behind the street-door—I saw the prisoners in the mob the whole time till we got to Brand-street.
Cross-examined by MR. PLATT. Q. Were they disturbing any one when you first saw them? A. No; they were swearing at one another—they were standing in the road, singing, hallooing, and swearing for some minutes—I thought it improper, and told them to go quietly and peaceably home—I did not lay about me with my truncheon when knocked down, it was in my pocket, I never pulled it out at all, I pulled out my rattle—I wanted to get up, and was knocked on the legs by some one; not the prisoners—I gave no provocation at all—I am sure of Empy; I know him well—it was lamp-light—I do not know who threw the stone which struck me—I only speak to one blow by him—they were all throwing stones—Empty threw one—they threw them all the way they went.
Cross-examined by MR. PARNELL. Q. Had you seen Pickett before? A. No; I saw him as soon as I went to speak to the mob—there were other people in the house I took him in—they all ran into different houses.
ROBERT WILSON (policeman, N 103.) On 21st March, about half-past one o'clock at night, I was on duty in Holloway-road, and met the last witness—he had had a cut, and complained of being very much kicked and bruised—there were twenty people or more about him—another officer was with me—we took two persons in charge—Empy, who was behind them, cried out, "Now for a rescue; now give it the b----b— —s!"—he struck me, I was knocked down, struck after I was down, and five or six of them jumped on me—they burt my thumb, got my staff from me, and rescued the prisoners—Empy was among them, and had stones in his hands—I was pelted—they struck S 290 with my truncheon—they pelted me for a long time—I and several others were struck—two constables came up when I was down, and were the cause of my being got up again—the mob went towards London, into Brand-street—I never got my staff back—I lost my hat—it was afterwards found—I knew Pickett before.
Cross-examined by MR. PLATT. Q. Who were the two men given in charge? A. Two Irishmen—nothing was said about the prisoners till afterwards—I am sure Empy threw stones—he did not strike me till I got him in charge—he then struck me over the shoulder.
Cross-examined by MR. PARNELL. Q. Does Pickett live in that neighbourhood? A. I believe he lives in Sutton-gardens, Chalk-road.
WILLIAM STEPHENS (policeman, N 434.) On 21st March, about half-past one o'clock, I was in the Holloway-road—Pickett pointed out a man to me—I tool him—the mob pelted me and rescued him—the prisoner were there, both throwing stones—the mob went into Brand-street—I did not see where Empy went—Pickett went into a house on the left side—I was in the mob about ten minutes.
Cross-examined by MR. PLATT. Q. Had you ever seen Empy before? A. No.
FREDERICK WILLIAM PRITCHARD (policeman, N 400.) I was in the Holloway-road, and saw the mob—I cannot say whether I saw Empy—Pickett was taking an active part, throwing stones—the mob cried out, "Down with the b----police! stone the b----s!"—I took out my rattle, it was instantly broken by some of the mob.
JOHN DONOYAN (policeman.) On 21st March I was in the Hollway-road—I saw a mob, and two constables on their backs—Empy came towards me with a stone in each hand, and aimed one at me—I did not see him throw it, for I got away in the mob—I saw him taken in a house in Brand-street, and have no doubt he is the person.
JOHN OAKSHOT. I am a surgeon, at Highgate. On 21st March, between two and three o'clock in the morning, the officer Pickett was brought to me—he had two wounds on the head and a cut on the eyelid, about an inch and a half long, nearly through the lid, which I think was from a stone—the would in the temple was am inch and a half long, it was through the skin to the bone--there is nothing beneath the skin there—I should say it was caused by the blow of a stick—it was very much contused and cut—he was confined to his bed two days—it was a Fortnight before he could do duty, as he could not wear his hat—the wounds were not dangerous—the stone need not have been thrown with force—a slight blow would split the integument there.
(The prisoners received good characters.)
EMPY— GUILTY. Aged 23.— Confined Eighteen Months.
PICKETT— GUILTY. Aged 20.— Confined One Year.
MR. PLATT conducted the Prosecution.
MARY ANN WILSON. I am the wife of Henry Wilson, who keeps the Collett Arms, White Horse-street, Limehouse. On 22nd, March, between twelve and one o'clock, I had a gold watch on the mantel-piece, in my bedroom, on the first floor—between three and four, Mr. Jackson, a customer, who I had known some time, and the prisoner, came into the house, and went up stairs into the long-room, which is on the left of my bedroom—after they were gone, about six o'clock, I went up and missed the watch—it was in a case, and had a key attached to it—this is it (produced)—it is worth twenty guineas—I should think this (produced) is the key—it is very similar, and winds the watch up.
Cross-examined by MR. METCALFE. Q. How do you know the watch? A. It was made for me, and I have handled it daily since 1847—Henry Lads, who is here, is the marker—I had seen the name on it before I lost it, and the number is 1487—I had noticed that many times.
HENRY LADS. I am a watchmaker, at 65, Murray-street, Hoxton—I made this watch, "No. 1487, Henry Lads," for Mr. Wilson—I always number them—those is also "Mary Ann Wilson" inside it, spelt with only one "l."
JOHN JACKSON. I live at Clark-street, Stepney. On 22nd March I accompanied the prisoner to the Collett Arms—I asked if he had seen the longroom up stairs—he said he should like to see it, he had heard it spoken of—with Mrs. Wilson's permission we went up, I in advance—I had been up there about a minute, looking at some picture of friends of mine, which huge there—I thought he was behind me, but on turning round I missed him—I called out, "Nicks, where are you?"—he said, "Here I am, I am coming"—his voice appeared to come from close at hand, in a direction of the bedroom door—he had not then been in the long-room—I went out to the landing, and the bedroom door being partly open, I saw him walk round at the foot of the bed, and he met me in the passage—he came from the room—I said, "Nicks, it is very odd of you; what business had you in that room?" or words to that effect—he said, "I only went to look at it"—I said, "You had no business there, I only brought you to look at this room"—we went into the room, which is a club-room, looked round it, came down again, and we parted.
Cross-examined. Q. How long have you known him? A. Several years—he was a publican on Clerkenwell-green—the last house I knew him in was the Cricketers, at Ratcliffe-cross—after that he was in a beer-shop, in Union-street, Bishopsgate—I have nothing to say against his character—I know his mother very well; she is a retired victualler, and a woman of considerable property, I believe—I have seen the prisoner drunk occasionally—he had not been drinking to excess this day that I am aware of—I had been with him from eleven o'clock—he had been drinking—I think he had some gin and water, and afterwards some brandy and water—we had half-and-half at the Collett Arms—during the five years I have known him I know nothing detrimental to his character.
EDWARD STOVE. I manage the business of Mr. Grant, a pawnbroker, at London-wall—this watch was pledged by the prisoner, on 25th March, for 7l.—I asked him whether it was his own property—he said it was, that his
name was Henry Lads, and it was in the inside of the watch—I looked and found it there—I am positive he is the person.
Cross-examined. Q. Had you ever seen him before? A. No—I recollect him by asking him those question—I should have asked them of anybody who brought the watch—I did not see anything remarkable about him.
WILLIAM DAVISON DAY (policeman, K 74.) I took the prisoner into custody, and told him he was charged with stealing a gold watch from Mr. Wilson's bedroom, at the public-house at the corner of Stepney-churoh-yard—he said, "Very well, I will go with you, Mr. Jackson will explain all that"—I searched him, and found this watch-key, and 7s. 4d.—I found no duplicate.
WILLIAM SPEARY (policeman, K 343.) About three o'clock, on the morning of the 24th, I met the prisoner in Raven-street, Whitechapel—he was talking to himself—I asked him what was the matter—he said, "I have been knocked down and kicked by a man; he wanted to get my watch, but it was in my boot"—he put his hand into his boot, and pulled out a gold watch, similar to this one—I did not take much notice of it—I only saw it in his hand—I was close to it, and under a lamp—I told him to put it into his pocket, and take care of it.
Cross-examined. Q. What state was he in? A. He appeared to have been drinking—I have seen him before, but not very often in that state.
(James Leman, publican, of Charles-street, Stepney; Mr. Jones, cowkeeper; Mr. Hincksman, plumber; Mr. May, victualler; and Mr. Hadley, a smith; all gave the prisoner a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Prosecutor— Transported for Seven Years.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
GEORGE EDWARD HEALEY. I keep the King's Head, Old Change—I have a bagatelle-board. On Saturday evening, the beginning of Nov. last, I lost six white and three green balls, worth 30s.—I cannot say the day—I saw a person, who goes by the name of Joey Grimaldi, run out of the house—I immediately went up stairs and missed the balls—he was given into custody, and committed for trial, on 24th Feb.—Nicholls produced three green balls—I have no doubt they are mine—there is no particular mark on them—I also lost three swords, and found them in the back-yard, at the prisoner's house.
JOHN NICHOLLS. I am a plumber and gas-fitter, at 102, Shoe-lane—I formerly lived at 60, the prisoner's house. One Saturday night, in Nov., I was in the Sussex beer-shop, in shoe-lane, and saw the prisoner there, and he asked me if I had heard what a talk there was about Mr. Healey's balls, that he had lost—I had, about eighteen months previously, supplied Mr. Healey with a bagatelle-board, balls, and cues complete—there were then six white balls, two red, and one black—I had seen them lately before they were lost, and there were then three green and six white—the prisoner said he had bought them of Joey Grimaldi—I knew there was a person who went by that name—he asked me if I would buy them—I said I had no objection, and 12s. was agreed on as the price—they were two inches and a half
diameter—he did not produce them than—be complained of being ill, said he was going to Woolwich, and I did not see him for a fortnight—I saw Mr. Healey during that time—he was in want of the balls, and I wrote to the prisoner to sent up, that I might receive them—at the end of the fortnight I saw him again, at his house, and I bought the nine balls of him, and three others—these green ones (produced) are three of them, and are Mr. Healey's—I know them—I afterwards gave them to Saunders the policeman.
Cross-examined by MR. PRENDERGAST. Q. The prisoner never frequented your room at all? A. No—Nicholls made my bagatelle-board for me—I knew Grimaldi two or three years ago, by coming to a house which I formerely had—I bundled him out of my house in the Old'Change six or eight months ago, and he had never been there again to my knowledge, till the day the balls were taken—I do not know whether he was a friend of Nicholls'—I have heard Nicholls say he knew him well—I have never seen them together.
MR. RYLAND. Q. Do you know where Grimaldi is now? A. I believe he was sentenced last Session to six months' imprisonment, for stealing these balls.
MR. PRENDERGAST to JOHN NICHOLLS. Q. It was in Nov. that you brought the balls? A. Yes, I think it was on 27th—I gave information of it to Healey in Feb.—I gave 16s. for the twelve balls—I brought them ready made—I sent them to Mr. Healey, ten minutes after I got them from the prisoner—I did not tell him how I got them—I took 9s. of Mr. Healey—he gave 10s., but 1s. my young man spent—I scarcely knew Grimaldi at that time—I had heard of him—I did not know him well, Mr. Healey is wrong there—I never had any acquaintance with him till about that time—he was pointed out to me by several persons, the witness Hammond for one, in Farringdon-street Hammond is relation of mine—that was the first time I knew him—I have not met him frequently at the susssex beer-shop—I may have seen him there, but very rarely—I never saw him there but once to my recollection—I may have spoken to him, but have never been in his company five minutes at a time—I have no recollection of being in his company but twice—when I saw him in farringdon-street my young man, who was with me, said it was Joey Grimaldi—that was before I had heard of his carrying off the balls—it was after this matter occurred that I saw him at the Sussex beer-shop—I did not then allude to the balls—he told me he had got a door to sell, and asked me if I would buy it—he said that Boxall had shut the shop up, and was gone—he took mo to the back parlour of a house in Field-lane, and there I saw the door—I knew that Boxall's relation, or, at least, Barrett, his fatherin-law, wanted a door for his house in Dean-street, and I brought it of him for 3s.—that was the only transaction I ever had with him—he brought it to the Sussex beer-shop, and it is now there in the skittle-ground—he called on me about the door in the evening at the Sussex beer-shop, but I went to see it next day—I think I paid him for it at the time, in Field-lane—Barrett gave me, in writing, the size of the door—I have not got it here—he did not have the door—I rather think he said he had got one—Grimaldi came to me in Shoe-lane to tell me about the door, and I went the same night to see it, and next day it was taken to the Sussex Arms—I have bought several pairs of steps of the prisoner—I never bought a pair of Grimaldi—I may have bought a pair of the prisoner that Grimaldi brought in—I never spoke to him about
them—I did not see the steps first at the Sussex Arms, about at the prisoner's about three or four months ago—I think it was a little before Christmas that I brought the door Grimaldi—I will not be certain whether I went to see it that same night, I do not think I did—I am not aware that I have been in any scrape.
Q. Was there not some little discussion between the Gas Company and you? A. Why you know all about that, you had ten or twelve guineas of mine, and got the conviction quashed—we are old gas engineers—the Gas Company found they were wrong, and Mr. Clarkson stopped the evidence—I was convicted in the penalty of 20l. before Mr. Coombe, for subturcously getting gas from the meter—Mr. Coombe blamed their witness more than me—he said, "Admitting all they say is true, it appears to me that a found has been committed, and I think I cannot to better than convict this man, but I will leave it over to appeal"—they never followed the conviction up—I am not aware of any persons that I know of being charged with swindling, a little time ago—I do know where my brother is—I last saw him at the latter part of last summer—I brought this against the prisoner after he had distrained on me for rent.
DAVID HAMMOND. I am a plumber and gas-fitter, 102, Shoe-lane; I previously lived at No. 60, the prisoner's house. On Saturday evening, 13th Nov., I was standing at his door, and saw Jury grimaldi pass me quickly, and go into the back counting-house, attached to the prisoner's shop—the prisoner was there, and asked Grimaldi, "Have you got them?"—he said, "Yes; here they are, all right," and he took some balls from his pocket—I know these (produced) to be them by the colour—the prisoner placed them in a drawers, in a little table with several drawers to it—I saw money pass from the prisoner to Grimaldi, he put it into his pockets and departed immediately.
Cross-examined. Q. You were brother-in-law of Nicholls? A. Yes—I had my meals at the house, but did not sleep there—the prisoner had a bedroom there, and slept there sometimes—I believe he almost constantly slept somewhere in Clare-market—this occurred between six and seven—I informed Nicholls of it at the time—he told me to say nothing about it, and I did not—I left it to his better judgment—he told me he should lock Boxall, or Barrett, as he called him, up at a fit opportunity—he wished to get clear away from his house first—he preferred his charged as soon as his goods were distrained—I saw Nicholls with the balls a fortnight after, he bought them and returned them to Mr. Healey—he did not buy them in consequence of my information—I formerly lodged in Waterloo-place, Clerkwell—a watch and chain was missed from there—there were two other lodgers besides me, on e lost the watch and a pair of boots, and I lost a pair also—I left a few days after, to go to Bexley-health, or Deptford, on business—of course I was asked about the watch and chain as well as the others—I had a pair of boots made me by a Mr. Rugg—I paid him for them, or, at least, Nicholls did, as rugg owed him a bill—it five or six years ago.
MR. RYLAND. Q. You dropped the name of Barrett just now? A. I knew the prisoner by that name—the name of "W. S. Berrett" is over the door, and he is mostly known as Barrett, but sometimes as boxall—the name of "Boxall" is over the door, in very small words—Barrertt is his father-in-law, and had the house before him—I was never charged with stealing the watch and chain, or the boots.
received from Nicholls on Thursday night, 24th Feb., about half-past eleven o'clock—he and Mr. Healey brought them to the station.
Cross-examined. Q. Who took you to them? A. A party in the prisoner's employ told me they were there—Nicholls was not with me, and I believe he was not in the house—there was tubs, carboys for oil, and things used by painters, in the shed, and a lot of rubbish—it is an open shed, with no door to it.
GEORGE EDWARD HEALEY re-examined. I believe these swords to be mine—I missed them from the club-room, which was broken open on the Saturday evening—I cannot swear to them—they are the same colour and size—they were made for me six or seven months ago, when the lodge, which is called "The dukes of christendom" was opened—Hammond and Nicholls used to come to my house daily, and on lodge nights were in the club-room—I never saw the prisoner there.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
CHARLES JAMES PRICE. I am a cabinet-market, in Board-street, Shoreditch. On 8th Feb., in the evening, I had a grindstone and frame—I lost it—I was sent for, and saw it again at the prisoner's shop, four weeks afterwards—this is it(produced)—it is mine, and is worth 2l. 2s.
Cross-examined by MR. PRENDERGAST. Q. Are you certain of it? A. Yes; it was put together in my shop—I saw an immense mass of property at the prisoner's—it appeared like a general dealer's shop—it was Sunday—the shop was shut.
SARAH NICHOLLS. O occupy the first of the prisoner's house. One night, in Feb., after ten o'clock, I heard a noise on the staircase—I went out, and saw two men endeavouring to get up stairs such a grindstone as this produced, towards the yard, not to the shop—the prisoner was at the foot of the stairs, holding a light—had I not seen him I should have inquired their business.
Cross-examined. Q. It was about months before you were before the Magistrate? A. Yes—I had motive in notice it—the prisoner distrained our goods for rent, and we left—I would not have come against him if I had not been compelled—this happened two or three weeks before that—I was not there when it was found—I mentioned it to my brother and my husband—I went to the Police-office about a week after—I saw it once afterwards in the shop—the prisoner deals in tools—I believe his father-in-law, Mr. Barrett, lived in the country—he came about once a week, or oftener—I have heard that he is the owner of the house—the name up is "Boxell, late Barrett"—I do not know that Barrett was my landlord—I do not know that he was there after the grindstone came—he may have been, but I have not been down stars much fot two or three months together—I do not know whether the prisoner slept in the house up to that time or not—I have heard he slept out.
between eleven and twelve o'clock in the day—people passing could not see it, there were so many things in the window—it was in the open shop, nearest the window than the door, two or three yards from the door—when the door is open it would cover it—if you shut the door it would be plainly seen—I have known the prisoner four or five years; he has borne a good character, as far as I know—there were cocks, metal, and pewter in the window—the prisoner was not there—I took him in Clare-market, before I went there—there is a door half-way up the first flight of stairs; that is the private door, where the lodgers go in—that would not be the way for a person selling a grindstone, not if they sold it in the open shop—Nicholls did not give me the information—a man came on Sunday morning, at eleven o'clock, when we had possession of the premises, and said, "I know whose grindstone that is"—I had never seen him before—he brought Mr. Price at three o'clock.
COURT. Q. How long were you in possession of the premises? A. A fortnight—persons used to come to sell things—some of them have been tried—Barrett's name is in front of the shop, in large letters, and the prisoner's name under the address—there is written up, "Dealer in metal, lead, and pewter." b
(The prisoner received a good character.)
MESSRS. RYLAND and LAURIE conducted the Prosecution.
WILLIAM HEALY. I am an ironmonger, in partnership with Mr. Burbidge, at 130, Fleet-street. On 26th Feb. I went to the station, and saw a quantity of goods, part of which were mine—the first thing I took hold of had "Slack and Son, Cheapside," on it—I had articles from the on my premises—we had a porter named Cantrill in our employ—he was taken, and has been convicted to-day in the Third Court—I went to the prisoner's shop, and saw a quantity of property—here are eighty-seven metal cocks, three teapots, two coffee-pots, and other things—they are new—they are mine—the cost price would be 16l. 10s.
Cross-examined by MR. PRENDERGAST. Q. You know them by being on your premises some time or other? A. Yes—a great portion have our name and shop-mark—they have not been sold—these unions were made expressly for a hot-water apparatus—they are never sold by themselves—there is no mark on them, but we sent the pattern to the manufacturer—they are not sold by other people—we do not sell them to shops—I did not know that the prisoner was acquainted with Cantrill, nor that Cantrill and Nicholls were, till Nicholls informed me—after I searched the place, he told me he had seen Cantrill at the prisoner's premises—Cantrill was taken at our shop—the prisoner was not taken to him—I did not know Barrett; I knew the shop—we sell goods with the mark on—no one would buy these unions—they cost 18d. each, but are not worth 3d. as old brass.
HENRY ROWE (City policeman, 356.) On 25th Feb., I searched the prisoner's house—he had been taken that morning, by Dalton—we found part of these things that day, and part on the 26th—we let no goods go out—officers who where in charge relieved each other—these unions hung in the shop.
Cross-examined. Q. They were not found till Mr. Healy came? A. No; he pointed them out—I believe Nicholls had left then—I never saw him in the shop but once—he was going by one day, and Mrs. Barrett called him in—he was not there a minute—I believe he had lived in the house, but left on 26th or 27th.
JOSEPH DALTON (City-policeman, 366.) The prisoner was given into my charge on 25th Feb.—I went to the premises directly—some persons were in charge—things were allowed to go in, but not to go out—five or six people two came, and we took them in charge—some were summarily convicted, and two were tried here last Session—I found these cruet-stands in a drawer, in the back room—some things have been proved to have been bought honestly, and some have been identified.
GUILTY. Aged 22.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
MESSRS. RYLAND and LAURIE conducted the Prosecution.
JOHN BARNETT. I am an attorney's clerk, and live at 4, Primroac-street, Bishopsgate—I was acquainted with Mrs. Rachael Folks, who is since dead—she lived with the prisoner Marks, who occupied a house, No. 16, Barker-street, Houndsditch. On 14th of last Oct. I accompanied Mrs. Folks to Messrs. Currie's, the bankers, in Cornbill, and there saw her receive a 50l. note, seven 10l. notes and some cash, for a check for 123l. 11s., or 11s. 3d.—I have a memorandum of the numbers of the notes, which I took directly after—the 10l. notes were 43649 and 46350, and 18430 to 34—I have no number of the 50l. note—it was changed immediately, at the Bank—at her request I marked, each note at the corner—she went home with me—she sewed the notes up in her pocket with several papers, one of which I remember in particular—it was a paper I had given her back, relating to a matter of business with reference to her son, who had lately died—this is that paper—(produced by Webb)—it is signed by Marks' late husband, and is an authority to apply for a certain sum of money—I saw Mrs. Folks about nine days before her death—on the morning of 9th Feb. I received information from Marks' servant, in consequence of which I went and found Mrs. Folks perfectly insensible—she remained so till she died—she was about fifty-nine or sixty years old—I asked Mrs. Marks whether she had sent for any medical assistance, and asked how long she had been ill—she said she had been insensible from the middle of the night, and she had not sent for any medical assistance—I sent for Dr. Brown, of St. Mary-Axe, who had attended her before, and also for Louise Jones, who is accustomed to attend persons of the Jewish persuasion—I and Dr. Brown searched the room for property, as much as decency would allow, but found nothing—I did not see Bambard on that ocssion—I expressed my surprise to the female prisoner that no money was found—she said she knew nothing about the old lady's money; she never knew she had any, except when the rent was paid to her; she believed if she had any she must have left it in charge of some person in the Commercial-road; that she came home the other night, having fallen down in the street, and was covered with mud, and she might have been robbed then—I said it was very singular that they should rob her of pocket and all, and every farthing—she said she did not know anything about it,
and did not care anything about it; she was engaged to be marred, and she would soon be out of that—I called next day, and found Mrs. Folks still insensible, and on the 11th—she died about eleven o'clock on the night of the 12th—there was no investigation as to the cause of her death—I went to the house again on 26th Feb., found the two prisoners there, and said to Barnhard hard it was a very serious thing about the old lady's money; a very unpleasant affair—he said he did not care about it, what was that to him? and many expressions of that kind; and at last he said he wished he could find any one that would say he ever had anything to do with the old lady's money, and if he was worth powder and shot he would bring an action against them.
Cross-examined by MR. HORRY. Q. Whose clerk are you now? A. Mr. J. D. Pollard's, and have been since last Sept. or Oct.—I am no relation to Mrs. Folks—I do not know a person of the name of Larry—I have heard Mrs. Folks speak of him—I communicated with him on the 9th—I have heard he is her nephew, a tobacconist, and a very respectable man—he has taken out letters of administration—I have never seen him—I never went with Mrs. Folks to get money before—she requested me to go.
CHARLES FRANCIS SIMMONS. I am clerk at Messrs. Currie's. I cashed this check on 14th Oct., 1847—I have no recollection to whom I paid it—I gave a 50l. note, No. 70825, and seven tens, Nos. 43649 and 50, and 18430 to 34—I cannot give the dates.
MORRIS VON PRAAGE. I am a jeweller, at 57, Great Prescot-street—I know Barnhard. On 10th Feb. I saw him at an auction-room I was in the habit of attending, and sold him a diamond ring for 5l.—he gave me a 10l. note, which I paid the same evening to Mr. Harris, of Philadelphia-terrace, Lambeth.
Cross-examined. Q. Did you know Barnhard? A. Yes, for sixteen years, as a dealer in jewellery—he had attended the auction-room for years—he generally bore a good character.
MEYER HARRIS. I am a dealer in jewellery, at Philadelphia-terrace, Lambeth. On 10th Feb. I received from Mr. Von Praage this 10l. note—I wrote my name on it, and paid it into the Union Bank, where I have as account.
Cross-examined. Q. Do you know Barnhard? A. Yes, about twelve or thirteen years, as a dealer in jewellery—I am not surprised at his having possession of a 10l. note—I have seen him almost daily at the auction-rooms.
ALFRED GOAD. I am foreman to Mr. Luxmore, of 92, St. Martin's-lase, a pawnbroker. On 11th Feb. I received a 10l. note from a person I believe to be Barnhard—this is it—he redeemed a gold watch for 3l.—this is it, I believe (produced)—I cannot swear to it—it had been in pledge two months, in the name of Barnett, or Barnhard, Gough-square—I paid the note to Mr. Robinson, of New-street, Covent-garden.
CHARLES FUTTER. I am a working jeweller, at 6, Johnson's-court, Fetter-lane. Barnhard came to me on 12th Feb., about eleven o'clock in the day, and paid me a 10l. note for a diamond ring—I wrote "Mr. Barnhard, 12th Feb., 1848," on it—this is it—(produced).
Cross-examined. Q. You have known him? A. Yes, sixteen years—I have worked for him occasionally—I can give him the best of characters—he
is a general dealer—one of the most respectable men in the trade recommended him to me.
SAMUEL SEAL. I am a jeweller, at 17 Little Queen-street, Lincoln's-inn, and am acquainted with Barnhard. On 17th Feb. I sold him this diamondring (produced) for 37l.—he paid me three 10l.-notes, one 5l.-note, and two sovereigns—I did not mark the notes, or take the numbers—I paid them into the Southwark branch of the London and Westminster Bank the same day—I paid in only one other note—that was No. 84916.
Cross-examined. Q. How long have you known him? A. Fourteen or fifteen years, as a dealer in jewellery—I do not know where he lived—we see each other nearly every day at the sale-rooms.
JOHN SOUTH. I am a clerk at the Southwark Branch of the London and Westminster Bank. I received four 10l.-notes on account of Mr. Seal—I made this entry at the time—the numbers were: 18430, 18433, 43649, 84916—the three first are dated 11th Aug.—I find them among these produced.
EDWIN AUGUSTUS BUSHELL. I am clerk in the Issue Department at the Bank of England. I produce six 10l.-notes, all dated 11th Aug., 1847—No. 18431 was paid in on 12th Feb., 1848, by Robarts; 18432, on 14th Feb., by the Union Bank; 43649, 18430 and 33, by the London and Westminster Bank; and 18434, on 21st Feb., by Glynn and Co.—we do not issue two notes of the same number and date.
LOUISA JONAS. I am married, and am a nurse. I was called in to nurse the deceased on Wednesday, 9th Feb., and attended her till the Friday night, when I went away—I saw her on the Saturday morning, about ten o'clock—I left her alive, but senseless—I saw no bank—notes or money while I was there—I assisted Mr. Barnett, the policeman, the doctor, and the solicitor to search, but no money was seen.
COURT. Q. Why did you leave? A. Because I began to get exhausted, and wished another nurse to succeed me—Mrs. Folks was insensible the whole time I was there—I repeatedly gave her nourishment—she could swallow, but could not speak—Marks' servant came for me—Marks said she was in that insensible state a day and a night—she said that she could not take any medicine, and therefore she did not send for a doctor—she said she had said she fell down in Whitechapel the week before, and two men picked her up, and said, "How heavy you are, ma'am"—it appeared to be paralysis on the brain—she was not sick—she had a very strong pulse—she appeared very feverish—the doctor was sent for on the same day that I was.
Cross-examined. Q. Did you see Barnhard at all on the premises? A. Yes, several times, in the parlour taking supper—Mrs. Marks was in the room—I cannot say whether he was there on the 9th—I saw him repeatedly in the house down stairs, not in the deceased's room—Mrs. Marks came in two or three times, to see how the deceased was—I fed her myself—I poured medicine and refreshment down her throat, and whatever I could get down.
ELIZABETH BARNETT. I am a nurse. I was called in to attend Mrs. Folks on Friday night, 11th Feb.—she was quite insensible, and remained to till she died on Saturday night, between eleven and twelve o'clock—I was with her the whole time—she took nothing during that time—she was not able—I did not see any money about—there was a search made for money to pay me, and nothing was found—I was not paid at all.
COURT. Q. Did you see Mrs. Marks in the room? A. Yes; she was there when she died—the deceased was in such a stupor that she did not move hand or foot from the time I came—she had very little pulse.
LEWIS CASPAR. I am a tailor in Bevis Marks, St. Mary Axe. I know Mrs. Marks—she kept an eating-house there, where I was in the habit of having my meals—I saw the deceased there on 7th Feb.—she then appeared very well, and up—she took some tea—I did not notice anything the matter with her.
COURT. Q. Was there any mention of her having been knocked down and ill-used? A. She told me that she fell down in Whitechapel, and tore her gown—she did not say anything about any loss of money—she said she had been hurt—she did not say where—she said two gentlemen picked her up—I know Barnhard—I saw him there often—I haven seen him in the same room with the deceased, but they have not spoken together—they had had a little bit of a row, six months ago; since that they have not spoken together.
THOMAS BROWN. I am a surgeon at St. Mary-axe. On 9th Feb., at nine o'clock in the morning, I was called in to attend Mrs. Floks—I found her in a state of insensibility, produced by apoplexy—I have no means of judging how long she had been in that state—I continued to attend her till her death, on the evening of the 12th—she did not recover her senses at all, only so as to utter indistinct words, but nothing that I could make out—I was present when Barnett searched the room for property—nothing was found—Marked said she had been taken ill between eleven and twelve on the preceding night—she said they had not sent for me, because the deceased had a great objection to medical assistance—I had attended her, a month or two before, for influenza—she expressed a very great objection to having a medical man then—she was a stout woman, and seventy-four years old-in my judgment, her death proceeded from natural causes—I am not aware of any fall that she had—it is possible that might have accelerated her death—her pulse was very small—there was a state of depression when I first saw her—her extremities were nearly cold, and I ordered warmth to be applied—her pulse got up a little the symptoms of apoplexy increased, and in my judgment that was the cause of death.
ROBINSON WEBB (City-policeman, 658.) On the morning of 9th Feb., in consequence of information, I went with Barnett to Marks' house, and went up stairs into the room in which the deceased was lying in bed—is going up, I met Mrs. Marks and Jonas—I searched the room, to see if we could find any money, and could not—we came down stairs, and saw Mrs. Marks—Mrs. Barnett said, "This is a singular affair, about the old woman's money"—Marks took hold of Mr. Barnett by the coat, and said, "Believe me, Mr. Barnett, I know nothing at all about it"—I immediately turned round, and said, "Do you think the woman up stairs knows anything about it?"—she said, "Do you think the woman up stairs knows anything about it?"—she said, "I do not known, my dear, but she has been out two or three times this morning to a public-house"—I then left her—on 16th Feb. I received further information from the Bank of England, and after I had traced the notes, I took Barnhard into custody at Marks' house—she was not present when I first went in—I searched him, and said, "You knew Mrs. Folk"—he said, "Yes, I did"—I said, "There has been a great deal of talk about her money; it is very singular it should vanish in this manner"—he said, "I know nothing at all about her money; I did not know she had any"—I said he must consider himself in custody for stealing seven 10l. bank-notes, her property—in going along Houndsditch, he took me by the collar, and said, "Will you tell me what you know about these notes?"—I said, "I will tell you of three, that you gave to Mr. Seal for a diamond ring"—he said, "How do you know that?"—I said, "I traced them to Mr. Seal, and he informed
me he had them of you "—he said, "Well, if I did, the old woman gave them to me"—I took him to the station, searched him, and found on him a 10l.-note, No.43650, 58 sovereigns, a 5l. note, and a ring which he had bought of Mr. Futter, a watch and chain, the ring he received of mr. Seal on his finger, also a pair of diamond scales, and a variety of jewellery—I then went to Mrs. Marks—she had come down stairs previous to my taking Barnhard away—I said, "Mrs. Marks, you know me"—she said, "yes"—I said, "You must consider yourself in custody with Mr. Barnhand for stealing seven 10l.-notes, the property of Mrs. Folks"—she said, "I know nothing at all about her money; I never knew she had any"—I took this gold watch and chain from her—she said, "I suppose you will took this gold bought with the old lady's money, but I assure you I had nothing to do with the old women's money; look at my duplicate"—it was for a shawl and sheet, 2s,—I did not search the house at that time, not till the 4th—the female servant was left in charge of the house—I found the paper I have produced in a drawer in Mark's bed-room—I opened it with her keys—I had looked it up, and had the keys in my possession from the time the prisoners were taken—I found the drawer in the same state I had left it—no one could have put the paper in without unlocking the drawer.
Cross-examined. Q. Was not what Barnard said to you, "If I did, I gave the old woman good sovereigns for them?" A. Yes.
JOHN BARNETT re-examined. This is the paper in which the notes were wrapped—it is in the same states—it is signed by Mark's husband, who is now dead—he was a witness to this authority being given to me—the notes produced are all marked in the corner in my writing—I am sure they are the notes I saw in the deceased's possession.
ANN DONOVAN. I lived in Mrs. Mark's service at the time Mrs. Folks died, and had done so six months. Mrs. Folks had lived there all that time—I knew Barnhard by his coming there at different times—it was an eating-house, and he dined there—I have seen him and Mrs. Marks together sometimes—they were on good terms—Barnhand used to come there regularly in Mr. Mark's lifetime—he came regularly afterwards, the same as before—I remember Mrs. Folks being taken ill—I cannot rightly say what day it was—it was about one o'clock the night previous to the nurse being sent for—I asked her that evening if I should go for a doctor for her—she always objected to having a doctor—she could speak when she was taken ill—she always spoken to the last—I saw her more than once during the night—I spoke to her every time I saw her, and she answered till between one and two, when she was taken speechless—she never spoke afterwards, except the word "tea," to Mrs. Jonas—she had come in on the Monday evening, about seven or eight, while we were at tea, and appeared tipsy—she complained of having had a fall in Whitechapel, and that two men had taken her up—she had some tea—she said her arm was a little hurt—she had some supper that night—she complained of not being well at twelve, and my mistress said, "We will not go to bed; we will stop up, for fear she should die; and we had better send for Mr. Barnett"—we did not stay up in her room—she went to bed, and I and Mrs. Marks went up to her—she was not very bad, but complaining—I was present when Dr. Brown and Mr. Barnett came and searched for some money—after the house was researched, I remained there alone for some days—I found so money—I did not put anything into any of the drawers, or take anything out, or open anything.
COURT. Q. Who undressed the deceased the night she was taken ill?
A. She undresses herself and put herself to bed—she was not insensible at one o'clock nor at two—she become ill on the Tuesday—I cannot say at what time—she did not take to her bed ill she got very ill—she came down on the Tuesday—she went to bed before us—I went up with my mistress to see how she was, and she said she was very ill—it was about two or three that we found she was insensible—that was before the morning when the doctor came—I never helped to dress or undress her—she did it herself—she would not have any person near her—her gown was laid on a chair on the Tuesday—I do not know where her pocket was—of course she more one—I never saw it—I used to call her of a morning—she was not ill enough to require assistance to go to bed.
Cross-examined. Q. Was she an old lady that liked a drop? A. yes; regularly—I have often seen her drunk.
Marks. Q. What did she say when you asked her if you should fetch the doctor? A. "Bl—t his eyes; I want no doctor."
Marks. Q. Did not you give me that paper which the officer took from my drawer last Nov., when my husband was alive, and tell me to put it away; that it might be useful to me? A. No—I gave it to the old lady herself, and saw her fold her money in it—I was obliged to give it her, before she would allow me to have authority to interfere with the letters of administration—she was a very suspicious old lady—I told you to be cautions of her, that I knew she had property about her—I never saw her intoxicated—I do not believe what Donovan has said—she was under charge in this case—the old lady was exceedingly penurious.
COURT. Q. Was she a likely person to have changed her 70% of notes from 14th Oct., and spend it? A. Certainly not—it was like taking blood out of a stone to get a farthing out of her—she would even borrow a 1/4d. or 1d. of my boy, if she could—she was strictly honest in her payments.
MR. BRIARLY. Q. Have you ever been in any trouble? A. I have, six years ago, for obtaining a watch—I am very sorry for it, and whatever man could do to retrieve himself, I have done—I know a man named Samuel Shannon—I never knew him to pass bad coin—I was his trustee of some freehold estates under a marriage settlement.
Marks. Q. Did not you say to me, after my husband's death, "God send the old woman, dead, and I will be a friend to you?" A. Never; I had no much expectation—I did not say you should turn evidence, and I would see you clear—you sent for me twice to the Computer, and I saw you before the matron—cautioned you that anything you said would be made use of—I desired you, in case the old lady should be taken ill, immediately to send for me and her medical attendant—I had sent for Mr. Brown on another occasion, when she had been poorly for a day or two—you told me that she had come home between seven and eight, with her skirt right off her body and her shawl dirty.
LEWIS CASPAR re-examined. I have known Mrs. marks three years—I can say nothing against her—I was there the night Mrs. Folks was taken ill—Mrs. Marks went went up to her near one o'clock, and came down and said, "She is very bad; I do not know what to do, whether to send for Mr. Barnett or not"—I said, "It is too late now to send for mr. Barnett, he is in bed; the best thing you can do is, to send for the doctor"—she said Mrs. Folks could not bear the sight of the doctor, she would not have him in the house.
Mark's Defence. I sent for Mr. Barnett at six o'clock next morning; that paper is a false paper; I do not know anything about it, except that before my husband's death, in Nov., Mr. Barnett gave me a paper to put away and I put it into my drawer; my husband's name is signed at the bottom, which will prove it; I cannot read, and do not know what was in the paper; I never saw any property with the old woman; when she paid me her rent, 4l., she made me give her the receipt before I had the money; I do not know what became of her money, unless she was robbed when she had the fall; I have had no money to get a counsellor; she was in the habit of going out to drink very often, and came home late; that is not the paper that was in mt drawer; I am a strange woman in a strange country, and throw myself on the mercy of the Court.
ROBINSON WEBB re-examined. I took the servant up with me into the bed-room, unlocked the drawer in her presence, and she saw me take the paper out—it was not at the top—there wer several memorandums and receipts with it—this paper was at the back part of the drawer, tumbled about a good deal—I saw no other papers but receipts and memorandums., and several in Hebrew.
MR. HORRY called
MR. RYLAND. Q. Was he lodge of yours? A. Yes; for sixteen months, down to the time of his apprehension—I have no reason to know that he was in very straitened circumstances—I know he had very valuable goods—he paid me 4s. 6d. a week for one unfurnished room on the first floor—he is married—he has no family—I belive she reason he lived in that way was, because his goods has been seized for income-tax—he was supposed to be worth more than he was—he told me so—it was not because he was poor that he lived in this way, but he did not think he ought to pay the income-tax.
(Adolphus Kraul, watch-maker, 373, strand; John Hart, tailor, Regent-street; Thomas M'Queogh, accountant; Samuel Phillips, Newcastle-street, Strand; Robert Boxall, Eagle-street, City-road; William Harden, Fortune-street, New North-road; and Hernbart Hullah, teacher of languages, 98, Strand; also gave Barnhard an excellent character.
BARNHARD— GUILTY. Aged 54.— Transported for seven Years.
MARKS— NOT GUILTY.
NEW COURT.—Tuesday, April 11th, 1848.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. FARNCOMB;Mr. Ald. FINNIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Sixth Jury.
JAMES RENEW. I am in the service of Robert Nicholson, of the Anchor, Golden-Jane. On 28th March the prisoner was by the bar, about twelve o'clock—I missed an ale-glass, went and shut the door, and told the parties
there of it—I went to the prisoner first—he said he had not got it—I found it in his pocket—he took it out, and gave it me—this is it.
Prisoner. I took it to pour my ale in; it was in my hand. Witness. You had no ale—it was in your pocket.
Prisoner's Defence. I did not do it with any intent to steal.
GUILTY. Aged 24.— Confined Six Months.
ROBERT THOMAS COXHEAD. I am a tailor, and live in Queen-street, Golden-square. I had a pair of trowsers on 17th Jan.—I saw them safe at five o'clock, and missed them on the 18th, at eight in the morning—I had seen the prisoner, whom I have known ten years, at my shop on the 16th, about twelve or one—he called on the 17th, but I was not there—he called about ten on the morning of the 18th—I said nothing to him about the trowsers—he remained there the whole day—I left him there at five, and went out—I returned at half-past five—he was there then—I then missed a second pair of trowsers, and spoke to him about them—he said he knew nothing about them—I sent for an officer, and gave him into custody—I saw both pairs at the pawnbroker's—this is the pair that was missed on the morning of the 18th (produced.)
Cross-examined by MR. HORRY. Q. You and the prisoner have been intimate some time? A. I was intimate with him some years ago—I then did not see him for many years, till Christmas last—I did not go to the Theatre with him on the 17th or 18th Jan.—I know a Mrs. Shipton—I never made any proposition to her about settling the matter; they made a proposition to me to settle it—I saw her husband on the Sunday before the prisoner was convicted—nothing passed about 10l. or 11l.—I may have gone out with the prisoner, and taken a glass or two with him.
Cross-examined. Q. Why do you swear he pawned them? A. I have the duplicate of them—they were pawned the very last thing at night.
HENRY HERREN (policeman, N 334.) I produce a certificate of the prisoner's former conviction (read—Convicted 17th Aug., 1847, by the name of William Smith, and confined three months)—the prisoner is the person.
GUILTY. Aged 37.— Confined Twelve Months.
(There was another indictment against the prisoner.)
GUILTY. Aged 17.—Received a good character, and recommended to mercy.— Judgment Respited.
MR. PRENDERGAST conducted the prosecution.
RICHARD WEST. I am clerk to Messrs. M'Neil and Co., of Lamb's buildings, Bunhill-row—they have an account at Downe's wharf. On 6th July, 1847, there was 34l.12s. 4d., due from to Mrs. Wray's—on that day the prisoner called at our counting-house, from Downe's wharf, for the account—a check was given to him for the amount—this is the check(produced)—it has been returned by the bankers—it was paid for Mrs. Wray's—I asked the prisoner what bankers I should cross the check to—he said, "Don't cross it; I have accounts to pay"—otherwise it is our general practice to cross the checks—when I have paid checks to Downe's wharf I have generally crossed them.
Cross-examined by MR. BALLANTINE. Q. Have you always been in the habit o crossing the checks for Downe's wharf? A. I cannot say—I do not know that I ever gave a check for Downe's wharf—our ordinary course of business is to cross checks.
GEORGE SPARKS. I had an account at Downe's wharf. On 20th Sept. the prisoner called and asked me for 12l. on account of Mrs. and Miss Wary—I gave him this check(produced)—I asked him to write his name on the back, and he did.
Cross-examined. Q. Are you sure you gave him the check in 20th Sept.? A. Yes—I know it by the date of the check, and by entry in my book, and it was paid that day.
THOMAS JENNINGS. I was clerk to Mrs. Wray's. The prisoner was employed by them, in receiving money, generally at Downe's wharf—he was called "Delivery Clerk"—he delivered goods, and received the charges for them—it was his duty to receive money on the wharf—at the end of June there was a sum due from him for those sums of money received in the course of his employ there—there would be some sum due from him at the end of every month, and the books would show what that was—I do not recollect what sum was due from him at the end of June—here is his own book. in which he should give an account of all money paid into the account of Mrs. Wroy's—it was his duty to make the entries in this book on the same day he received the money—the day of the month is put down as it arises, and then the money received is put down—it is his duty to put dow, day by day, all the money he receives—here is no entry of 34l. 12s. 4d. received by him in July—here is no entry of any sum received by him on 6th July—I have examined every item of his account—this book begins on 28th Sept.,1846, and goes to the end of Aug.,1847—he has made up his account in this book to 30th June—there was due from him at that time 60l. 1s. 5d.—he had before paid 48l. on account—on 6th July he paid 40l. 4s.11d. in one payment, and in the after part of the day he paid 19l. 16s. 6d.; that was the balance of the account to the 30th June—the 6th July was the day on which I finished balancing the account, and I asked him for the money up to the 30th June—34l. 12s. 4d. is nowhere accounted for at all by him in any way—I did not settle with him after the 6th July—I have an account in this other book, in his writing, of sums received in Sept.—it does not contain any entry of 12l. received from Mr. Sparks in that month—the money he received in July
was not to be paid over to me, but to Mr. Philpott—I made up his account to the end of June, and received it on the 6th July—anything he took in July I should not receive.
Cross-examined. Q. Did you see a red book in the solicitor's hand just now? A. Yes—I cannot say that I know what book it is—I never had it in my possession—the prisoner did not keep another account book in addition to the book I have put in, while he accounted to me—I cannot swear that he never kept a red book—I know kept such a book afterwards, but it was a book I had nothing to do with—it was a memorandum-book of the moneys that he paid over to Mr. Philpott—it was the prisoner's duty to give an account of everything he received—I was chief clerk—I did not keep the ledger—I was not present when the prisoner was engaged, and do not know what arrangement was made with him—I do not know whether it was in writing—I do not know what commission he was to receive—I know nothing about the nature or the terms of his engagement—I do not know who does—I have been head-clerk two years—I know what the prisoner's duties were—I found him placed in that situation.
Q. Was it his duty to enter the particulars of anything that occurred away from the wharf; supposing he received money of Mr. M'Neil and Mr. Sparks, was this book kept to have such a thing as that entered? A. Yes; all the money he received—he ought to have received the money of Mr. M'Neil when the goods went away—a collecting clerk was kept to receive it afterwards—the prisoner did not go out collecting—he had no right to go out to receive it—the same observation applies to the 12l.—he ought not to have gone off the wharf—I should say he violated his duty by receiving these moneys—this book was his cash-book—it cannot be called the wharf cash-book—it belonged to the wharf, and was kept there—the entries were to be made at the wharf—I was always to receive the money he received from time to time—he never accounted to Miss Wray, up to that time, or to anybody else—our books had not got into a great state of confusion—we had an accountant to examine them—I do not know whether the books were to be put to rights—he found no errors in my books—there is an entry in this book of 60l. odd, this purports to have been received on 6th July—on 23rd June, he admits a receipt of 48l. and on 6th July, two sums of 40l. 4s. 11d. and 19l. 16s. 6d.—I received those sums on those days—he did not tell me he had received a check, and changed it on 6th July—I will swear he never said a word about a check on that day—I did not know, when I received that money, that he had received the bulk, or the whole of it on that day—he ought to have received it in the course of June—the items show it—I cannot tell exactly what he paid the 60l. 1s. 5d. in—16l. odd, was paid in gold I know I had my own cash-book to keep, which was to agree with this—what money I received of him I entered in my cashbook, which I have here—on 6th July, I gave him credit for 30th June—I 40l. 4s. 11d. and 19l. 6s. 6d.—it stands in my account for 30th June—I could not make up my book without his—I have given him credit for this 60l. 1s. 5d. on 6th July—it is in my own book on 30th June—I have no recollection of what I received from the prisoner expect by this book—I am not guided by this book only, but by his own—I think either of them is sufficient—I recollect having received that specific sum, without referring to that book—I have not, over and over again, balanced my books in the middle of the succeeding month, with money received in the succeeding month—I have not used other monies to balance the former month's
account—on 6th July, I received 60l. 1s. 5d., which I applied to the June account, because that was the amount received in June—the whole amount received was not received at the end of June, it took a little time to see that it was correct—I do not know what this "Mr. Jennings, 4l.," means in this book, it is the prisoner's writing—I may have seen it before—I have seen it before—I have not had my attention called to it before—I have not been asked what it meant—I do not recollect that the accountant has asked me about it—it charges me with 4l.—I have not made any inquiry about it, nor thought it worth the trouble—I do not know when I saw it—it was since the prisoner left—I have frequently known people coming to the wharf, and not being able to pay the whole amount that was due—the prisoner has on those occasions allowed the goods to go out, in some instances, with my sanction, not constantly—I do know that he has in these cases overcharged himself with the money—he would hardly charge himself till he received it—I cannot swear one way or the other—there are books which contain the wharf charges for rent, cartage, and so on—the prisoner would enter those charges, and it is expected the accounts should appear against him in his book—he would enter them from the books in which those particulars are kept, into his cash-book—I was examined at the police-court—I recollected at that time, that the 34l. of Mr. M'Neil was not included in any of the items—I always recollected it—I enter the sums at the time the prisoner pays them, in his book and in my own—I always enter in his book an acknowledgment of the sums received from him; expect I have wanted 5l., and I have had it of him, and paid it back again—I may have wanted 5l. to pay something—I cannot tell how often I have wanted 5l. of him—in a month, perhaps, two or three times—perhaps a dozen times—sometimes lesser sums, and sometimes larger—I kept no memorandum—I paid him directly, in the course of the day—I do not mean to swear that I have always paid him in the course of the day, or in half the instances—I have generally done so—I cannot say how often—it was paid, that is all I know about it—I kept no memorandum—I generally gave him a memorandum—I swear that—I will not swear that I gave him a memorandum half the times—I cannot say what was the largest sum I borrowed at one time—it was not 20l.—I will not swear I have never borrowed that sum of him—I do not think it was 25l.—I will not swear I never borrowed 30l.—to the beat of my belief, I never did—I cannot say how many sums in one day I have borrowed of him—I have borrowed once or twice—I will swear I have not borrowed half-a-dozen times, nor four times, nor three times—I cannot swear I have not borrowed twice—I had payments to make, and he having money, I borrowed of him, and paid him back again when I could—I am going on in the same way now—my employers know it—the last balance I struck with the prisoner was the one you now have in your hand—I cannot tell that I had borrowed anything of him in the course of June—if I did it has escaped my memory—if I did, it was settled for there is the gross of it in that book—I gave him receipt for the balance—this is what I call my receipt—I do not mean that at this time I struck a balance of the sums I borrowed of him, but I owed him no money—I cannot remember whether I had borrowed any from him—I will not swear, that in the course of June, I did not borrow any from him—I will swear I did not borrow of him to the amount of 100l.—I did not borrow 70l., or 50l., or 30l., in one sum—I did not borrow 100l. of him in June—I did not require that—I cannot say that I did not borrow any—I cannot tell what I borrowed—I kept no book on the subject—the prisoner left in October—I do not know of his sending in an account
against my employers—I have heard that he did—I know that in that account he charges me with borrowing sums of money of him, and he charged me with owing him 5l.—he charged me with owing him 60l.—I owe him none—two persons have been in the same employ since the prisoner.
MR. PRENDERGAST. Q. The only thing he charges yor with borrowing is 5l.? Yes—there is no truth in that—I did not know that I had had that 5l.—he charged it when he had left—that was not a sum that he claimed when this balance of 108l. 1s. 5d. was made, but when he left he said I owen him 5l.—that 108l. 1s. 5d. was the total of the June account, it was composed of the items he received up to the 30th June—when he paid the 60l. it was on account of these items, and the other sum was on the part of these items—this entry on 6th July where these two sums are in my handwriting in his book as sums received by me, I suppose they were put down in his presence—the book was handed to him to see—there are items of his writing on the same page as this balance, after the receipt of these sums—I had small sums to pay at the wharf, and if I had charge I have asked the prisoner he having money belonging to Mrs. Wrays, to give me that money—I have always paid it very shortly afterwards—there was no private account running on between me and him—it was always paid before the balance was struck—I go on in that practice still—it is usual to do so in our concern—those sums that appear to have been entered on 6th July, are sums received before the 30th June—sums received on 6th July would not be paid over to me, they would belong to the next account which I did not receive.
THOMAS PHILLPOTT. I was manager at Downe's Wharf. The prisoner accounted to me for sums of money about received—to the best of my recollection he commended bringing to me money about the first week in July—my orders to him were to bring to me every Monday all the money he received—he had a little red memorandum book in which I entered the account whenever he brought it me—this is the book—the first payment he made was on 12th July—he certainly did not at that time pay 34l. 12s. 4d. as received from Mr. M'Neil—he paid 32l. 9s., but did not say from whom it was received—he paid me money every week, and at the end of the month when he carried his book to Mr. Jennings to settle, he shewed my voucher for all he had paid me, that was his voucher for it—this book contains all the sums he paid me—previous to 12th July Mr. Jennings said something to me, and in consequence of his not paying up all that he owed, I told him he should pay it to me—on 3rd or 4th July Mr. Jennings said something to me, and in consequence of that I received the money myself—I called the prisoner to me and he said the reason he was short was he had lent money to some persons on the wharf—I said, "You have no right to lend money to any body, you shall pay it to me, and say to any one who wants to borrow money that it is my orders that you lend money to nobody"—it was the prisoner's duty to pay to me everything be had received from 1st July—supposing on 6th July he received 34l. 12s. 4d., it was his duty to pay that to me on 12th—he did not pay it—he paid 32l. 9s.—this book (looking at it) is the prisoner's writing—on 6th July here is entered as being received the money for seven packages, and some other things of small amounts, but there is no entry of the 34l. 12s. 4d,—that money was never paid over to me—I left the concern on 31st Aug.
Cross-examined. Q. If Mr. Jennings is now borrowing money, is he grossly misconducting himself? A. I cannot say—I gave orders to the prisoner not to lend to any one I do not know whether that order was known on the wharf—I communicated it to the prisoner, I do not know whether Mr. Jennings was present—I do not recollect ever telling Mr. Jennings that I gave
such an order—Mr. Jennings was the head clerk—there was Mr. Clark and another gentleman in the counting-house, there were two in the outer office—my son Henry was collector of money, of everything out of doors—no one else had a right to collect anything out of doors—the prisoner had to deliver parcels to persons who did not keep accounts—he had authority to receive from persons whose names were never brought in as persons who incurred accounts—I do not know whether Mr. M'Neil's name was brought in as a person incurring an account—my son accounted to me for every day he received.
THOMAS JENNINGS re-examined. Q. When was it you made you made up the account that was due? A. On 6th July—the prisoner settled the account up to 30th June—the account which should have included the sums received on 6th July would have been settled at the end of July—he should have accounted to Mr. Philpott for that—I settled, giving him credit for what was paid to Mr. Philpott—at the end of the month I struck the balance of the money received during the month—I do not know what sum was paid up to the end of July—it was not my business at the end of the month to see to the balance, I only examined the items—I did not compare them with the sums that Mr. Philpott received—Mr. Philpott settled with him—I added up this book at the end of July—it is 114l. 3s. 4d.—it appears that Mr. Philpot had then received 104l.—the 34l. 12s. 4d. does not form any one of those items.
Cross-examined. Q. Have you heard Mr. Philpott's opinion about your borrowing money? A. No; I never heard that he strongly objected to this system of borrowing and lending—I did not know that he was aware of it—I did not want to conceal it from any one—Mr. Hockley the accountant is here, he has gone right through the books.
MARY WRAY. I and my mother, Martha Wray, are the proprietors of Downe's Wharf. The prisoner was clerk there—it was his business to receive money and pay it over to me from 1st Sept., after Mr. Philpott left—if he received 12l. from Mr. Spark it was his business to pay it to me—he had not accounted for it to me—it is not in his book—it was his duty to bring it to me, and I should have signed a receipt—if he had paid that, there would have been a receipt for the sum total, and that sum is not entered.
FREDERICK HOCKLEY examined by Mr. BALLANTINE. I was before the Magistrate and bound over here—I was not before the Grand Jury—my employer was called to Downe's Wharf in consequence of the state of the books—I have seen books kept as badly—at the end of Oct. I asked the prisoner to settle his account, I did not tell him he was deficient—I said before the Magistrate that I found him a trifle deficient.
Mr. PRENDERGAST. Q. You have seen books kept as badly as these were? A. Yes, worse—some of these books were ill kept—those kept by the prisoner were very well kept.
(There was another indictment against the prisoner on which no evidence was offered.)
MR. BALLANTINE conducted the Prosecution.
EDWARD WARNER. I am a congreve and safety-light manufacturer—my manufactory is in Globe-road, Bethnal-green. Gardner was in my employ, as a dipper of splints, and Mears as porter—I use sacks for covering over the
goods—Gardner had a right to use them, and they were then to be brought back to the factory—the prisoners lodged together—I examined my stock, and missed about 400 bundles of wood—the sacks are not mine.
Cross-examined by MR. HORRY. Q. Was Baker at work there? A. Yes—he was discharged by Gardner—Ward was in my employ—he was not discharged—I believe Gardner was at work in my line before—I have not got his connexion—he had no right to work for himself while with me—he might make up for himself at his own place—before I had said anything about a robbery, Mears told me that if I could find out a man named Cater I should find that Gardner was robbing me—I did not offer to let Mears go if he tole me; nothing of the sort—Howard ran away from me with 2l. 8s. 1d.—I have not prosecuted him for that—he gave me some information.
MR. BALLANTINE. Q. How came Mears to tell you about it? A. He had seen goods go out which had been paid for, and he knew that I had not received the money.
HENRY BAKER. I live in Bonner-street, Bethnal-green—I am employed by Mr. Ewins, a light-manufacturer. Gardner employed me to pack some splints into a bag, and take them to Mears's house—both the prisoners were present when I packed them—I took them to Mears's house, in Hobson-court, in a sack Mr. Pinchin's—I knew I was doing wrong, but I did it by Gardner's order—I was then in his employ—I was afraid of losing my situation.
Cross-examined. Q. Did you lose your situation? A. Yes, but I have got a better—I left at the latter end of Dec.—I had been discharged before that by Gardner—Mr. Warner came to me, about a week or nine days ago, to give evidence about this—I had not told him of this after I had lost my situation; I did not think of it—Mr. Warner came and asked if I knew what had been going on—I said I did—he said, why did not I tell him—I said I was afraid I should lose my situation—I then told him—I was in custody last Whitsuntide on suspicion—I had fourteen days, for picking pockets.
MR. BALLANTINE. Q. Who committed you? A. Sergeant Teakle—I had been out looking for a job—I had not been picking pockets—there was nothing found about me—I am now in employ—I did not get anything for taking these splints to Mears.
1134. THOMAS MEARS and ALFRED GARDNER were again indicted for stealing 3lbs. weight of phosphorus, 1lb. weight of chloride of potass, 3lbs. weight of glue, 1/4lb. weight of Chinese blue, and 1lb. weight of Venetian red, value 22s., the goods of Edward Warner, their master.
MR. BALLANTINE conducted the Prosecution.
the matches in the boxes—while doing so one day, in dec., Gardner sent me to Mear's house with some phosphorus, chloride of potashs, Chinese blue, and Venetian red—Mears was not at home, but I left them, and went back to my work—when I got back, Gardner was there—I went to lodge at Mears's the next week, because Gardner said, if I did not, he was afraid I should tell some one, and if I did, he would sack me from my work—I lodged there till I left my work—I afterwards saw this phosphorus, potashs, and blue, at Mears's house—Gardner lived there—he mixed up the phosphorus and other things—it was made into compo, to dip matches in—Gardner used it—Mears could not—I was told to go and box the matches up—I knew it all came from Mr. Warner's—I was paid for my week's work, 4s.—I had nothing extra for doing this.
Cross-examined by MR. HORRY. Q. Have you got a father? A. No—my mother lives at No. 6, Cambridge-heath-circle—I do not live with her—I was turned out of doors by my father-in-law, seven or eight months ago—I then lodged with my aunt a good while, till she moved to Twig-fully—she then took me home to my mother—my mother and father-in-law turned me out again—I then got a place at match-making with Mr. Sutton, of Twigfolly—I got a lodging in Keate-street, or where I could—sometimes I walked about all night, and sometimes I lodged in Keate-street—I could not always get the money for my lodging—sometimes I got 5s. a week—I paid 1s. a weak for my lodging—I have walked about sometimes for three nights—I did not know anybody at the lodging when I first went there—I got to know them afterwards—I have not been out all night with any of them—I was with Mr. Sutton seven or eight weeks—I then went home to my mother's, and stopped at home a month or two—I forget where I went to then—I was three or four weeks before I got employ—I was doing the best I could for myself—I was not about with any boys all night—I got my living by holding honest, and so on, for three or four weeks.
MR. BALLANTINE. Q. Have you always worked when you could get it to do? A. Yes—I never stole; I was always frightened to do so—if Gardner had turned me away, I should have had nowhere to go.
Mears. He stole a prayer-book. Witness. No, I never did.
EDWARD WARNER. I had phosphorous and chloride of potashs, and there other articles, in my business—I find that some of them are missing—Glardner and Mears were in my employ—Gardner would have the ordering of the servents—Ward was a very honest character—he is not my employ now.
Cross-examined. Q. When did you first miss articles? A. Six or seven weeks ago—I received information, went to my books, and found I had been robbed—I had taken stock two or three times, and missed property; but I could not tell how, till Mears told me if I found a man named Cater, I should find Gardner was robbing me.
MR. BALLANTINE. Q. Have you found Cater? A.—I found articles missing when I began to look, six or seven weeks ago—I have discharged Ward, because I have shut that factory up.
(There was another indictment against the prisoner's on which no evidence was offered.)
MR. BRIARLY conducted the Prosecution.
BENJAMIN FAIRY. I am carman to Mr. Christie, a grocer in High-street Whitechapel. On Friday evening, 17th March, from eight o'clock to half-past eight, I was conveying some goods to the Commercial-road—when I got to Hereford-place I missed a chest of tea, and the tail-board of my cart was down—I told the police.
JAMES HOWE. I am a coal-whipper, and live in St. George's-court; Evans and Burton lived facing me. On the evening of 17th March, about a quarter or half-past eight o'clock, Evans came and called Burton out of my place—Burton came back, and said, "My man has made a skin of 9l."—Evans was not present; he had gone up to the rest of his pals—Burton left me, and went over to her own place; and, in the meantime, Evans and several more persons carried this chest of tea down the court—I saw Sharpe, the cab man, there—I said, "what are you doing here?"—he said, "I came to carry a box"—I went to have a pint of beer with him, and in the meantime some of Evans's mates must have put the chest in the cab—I did not see anything in the cab—I saw one of the persons I had before seen with Evans, sitting on the box of the cab—I did not see the chest taken out of the cab, but I saw the chest in the station, and I saw where the tea had been spilled—I saw the cab go off, and I heard Evans' mate say, "Drive to Whitechapel"—Evans himself said, "Go to Whitechapel"—the chest that I saw at the station was the same that I had seen Evans carry—Sharpe did not tell me what the fare was to be.
Cross-examined by MR. BALLANTINE. Q. He said he had got a job, and I was to have 1s. 6d. for it? A. Yes.
Evans. Q. On which shoulder had I the chest? A. The left.
THOMAS SQUIRE (police-sergeant, 14 K.) On Friday, 17th March, between eight and nine o'clock, I stopped a cab which Sharpe was driving—another man was sitting by his side—he jumped off and escaped—I believe it was Evens—they were coming in a direction from Bluegate-fields—I found in the cab this chest of tea—the cover of it was broken—I took the cab to the station, and found about 15lbs. of tea in a bag, on the foot-board that Sharpe had his feet on—it was covered with a horse-cloth—I asked Sharpe what he had in the cab—he said, "I do not know, but you can look."
WILLIAM CHARLES POTTER (policeman, K 212.) I went to Burton's home on Friday night, 17th March, between nine and ten o'clock—I knew her, and know that Evans and her lived together for the last two years—I told her I wanted her on suspicion of stealing a chest of tea, which had come out of her house—she said no tea had come out of her place—I went to the watercloset, and found 4lbs. or 5lbs. of tea; and opposite her door, in the court, I found 4lbs. or 5lbs. more, which had been spilled—it corresponded with the other tea—I saw Evans, on 24th March, in Whitechapel—when he saw me he ran away—I ran after him and caught him—I said I wanted him for stealing a chest of tea, and asked what he had to say—he said, what he had to say he would say to Magistrate—he said, "It will not send me over the ditch, will it?"
DAVID FRAY. I am a warehouseman to Mr. Thomas Christie. I took the tea to the van, to be conveyed to Hereford-place—this is one of the five chest I took—I know it by the number—it is Mr. Thomas Christie's.
Evans. I know nothing about it; I was not near the place that night.
EVANS— GUILTY. Aged 22.— Confined Six Months.
SHARPE and BURTON— NOT GUILTY.
JOHN NEWSON. I live in Bloomfield-terrace, Pimlico, and am a carpenter. On 10th March, about half-past eight o'clock, I was taking a walk round Green's-field—I have a gate there, that encloses my timber-yard—I saw a horse and cart there—Sabine was about five paces from the horse—I looked into the cart, and found it partly loaded with iron=Sabine said he was loading it with iron by order of my foreman, and one of my men was helping him—I said, "Where is he?"—he said, "Come, and I will show you"—he took me to a closet, and there I saw Hurley—I said, "What are you doing with the iron?"—Hurley said, "I have nothing to do with it; I only come here to go to the closet"—I told them to wait till I sent for my foreman—I went out of the yard, and heard them unloading the cart—Sabine followed me, and I asked him to wait—he would not, and I gave him in charge, while I sent for my foreman, who was in another yard, 300 or 400 yards off—I went up the yard, and found an iron column about 200lbs. weight, and several more pieces of iron—I saw two more columns which had not been in the cart.
Cross-examined by MR. O'BRIEN. Q. You know Sabine has a horse and cart, and removes goods? A. I have heard so since—he came on the Sunday morning, and brought a Mr. Brown with him, who said that Sabine went to him on the Saturday night, and said his master had got some old iron—I do not know that I was more satisfied with what he told me, but I said so before the Magistrate—I left it to him.
JOHN CONATTY (policeman, B 200.) I was on duty about eight o'clock that morning, in Commercial-road, Pimlico—Mr. Newson gave Sabine in custody—he said he found him in his yard, with a horse and cart, loading iron—Sabine said he had no iron in his cart—I went into the yard, and saw five bars of iron knocked about—I saw no iron in the cart—Mr. Newson gave Hurley into custody for being in his yard, and a party concerned—Hurley said that Sabine had iron in his cart, and he went into the yard and pointed it out to me—on the road he told Sabine not to say anything against him to hurt him and to get him out of his employ.
Cross-examined. Q. When Sabine said there was no iron in his cart, his cart was in the street? A. Yes; and he went into the yard and took a bar, and said he had not that.
THIRD COURT.—Tuesday, April 11th, 1848.
PRESENT—MR. Ald. FAREBROTHERS. and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fourth Jury.
RICHARD WILLETTS. I am a pastry-cook, as Shoreditch—the prisoner was my apprentice. On 7th April, at night, I accidentally left my till unlocked, with about 3l. in it whole of it, sent for a policeman, and called the prisoner in—his arms were all over soot—I asked how it came there—he said he did not know—I gave him in charge—I found the money in the soot-hole in the cellar—other people could go there.
JOHN FORDHAM. I worked for Mr. Willetts. I was in the bakehouse between ten and eleven o'clock—the prisoner came there, picked up a bit of paper like this, pulled some money out of his pocket, as much as he could hold in his hand wrapped it up—I told my master.
GUILTY. Aged 16.— Confined One Month.
FRANCES MILLER. I live in Marylebone-lane. Last Monday Fortnight, about half-past seven in the evening, I was going home, and saw the prisoner and another coming out Mr. Barker's shop—they shut the door, and had their hands behind them at their pockets—they went round a corner, looking at something in their hands—I opened the shop; it was full of sparks—no one sleeps there—I shut the door, went into Queen Ann-street, and saw the prisoner and another coming towards the shop again—I told my master—he came out—they had then gone towards Marylebone-street—they both ran away—I followed the prisoner—he struck me several times, and said he would smash my b—y brain out—he threw several things out of his pocket, I could not see what—a gentleman stopped him in Portland-place.
SARAH ALLSOP. I was in Portland-place, and heard "Stop thief!" called—the prisoner passed me—I tried so lay hold of his coat, but could not stop him—a gentleman caught him—he put has hand into his pocket and dropped somethings; I did not see what.
PATRICK JENNINGS (policeman). I saw the prisoner and another at the corner of Wimpole-street with this umbrellas in his hand—I heard a cry of "Stop thief!" followed him to Partland-place, and found a key—it will not open Barker's door—I searched his bed-room, and found these house-breaking implements between the bed and mattress.
EDWIN BARKER. I am a shoemaker, at Wimpole-street. On Saturday night I left home at nine o'clock, locked the door, and put the key into my pocket—I went home again, and found some boots removed from my window, but not carried away.
Prisoner's Defence. The tools found are used in my trade; I was not in the shop, or coming at all; I threw nothing away.
(The prisoner received a good character.)
GUILTY. Aged 19.— Confined Nine Months.
articles—(produced)—they have our marks on them, and have not been sold—the prisoner had access to them.
Prisoner's Defence. I bought all but the bread-tray, at a broker's in Clerkenwell.
GUILTY. Aged 32.— Judgment Respited.
Prisoner's Defence. I picked it up in a court.
GUILTY. Aged 24.— Confined Nine Months.
The prosecutor did not appear.
JOSEPH DALTON (City-policeman.) On 10th Feb., at two o'clock, I was in Holborn, in plain clothes, and saw the prisoner and three others—I knew them all—I watched them for half an hour—the prisoner followed a female towards Oxford-street; put his left hand into her pocket, and took a purse out—I am sure he is the man—the other three covered him—one received the purse—I took him, and took it out of his hand—he was tried at Clerkenwell three weeks ago.
Prisoner. I did not take it.
1143. WILLIAM DIXON , stealing 1 bag, value 6d., 2 purses, 6d.; 1 half-crown; 2 shillings; 1 sixpence; 2 pence; 3 halfpence; and 1 farthing; the property of William M'Beth; from the person of Charlotte M'Beth.
CHARLOTTE M'BETH. —I am wife of William M'Beth, of Pimlico. On 23rd March, about one o'clock, I was in Strutton-ground—I had this bag (produced) twice round my wrist and once round my finger—it contained two purses, and about 5s., in shillings and sixpences—the prisoner came up and took it violenly—he tore my glove and handkerchief, and made my finger very sore—he ran down Pear-street—I am sure he is the man.
GUILTY.**† Aged 19.— Transported for Seven Years.
MARY MORGAN. I am the wife of William Morgan, a cheesmonger—the prisoner was in my service two days—she is eleven years old—I missed some money, a muff, reticule, and a purse—these are them (produced).
GUILTY.** Aged 11.—Recommended to mercy by the Prosecutor.— Transported for Seven Years.
TAYLOR pleaded GUILTY. Aged 21.— Confined Three Months.
WILLIAM CHARLES POTTER (policeman, K 212.) I saw Austin coming down St. George's-street, in a direction from Mr. Armstrong's—he looked bulky—I asked him what he had—he said, "Biscuits"—I asked how he came by them—he said he bought them—I said "Where?"—he said, "I can't tell you"—I took him to the station—I found forty-three biscuits in his trowsers and shirt—these are part of them—he said, on the way to the station, he would tell the truth; that Taylor, who works at Mr. Armstrong's, gave him them.
Austin's Defence. Taylor gave them me; I asked if he thought I should get into trouble; he said, "No; or else I would not give you them."
(Austin received a good character.)
AUSTIN— GUILTY. Aged 18.— Confined Three Months.
MR. HORRY conducted the Prosecution.
JOHN HARRIS PEARCE. I am assistant to Mr. Haney, a pawnbroker, of Chenies-walk, Chelsea—I produce a ring pawned on 18th Feb., in the name of Ann Fake—I cannot speak to the prisoner—to the best of my knowledge it was her—I knew her as a customer.
some things—this ring is mine—I saw it safe in the beginning of March, in a chest of drawers, which she moved.
ROBERT MITTELL (policeman.) I got a ring from Webb—I took the prisoner—she said she was very sorry, and would go to the station—she said she found the ring in a box, and finding the parties did not inquire for it she pledged it.
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor.— Confined ten Days.
SMITH pleaded GUILTY. Aged 14.— Confined Ten Days and Whipped.
Cross-examined by Mr. PLATT. Q. Do you know Hollis? A. No—it is an old watch, but is invaluable to me.
Cross-examined. Q. Had you ever seen him before? A. Yes: I know nothing against him—he asked how much I would give—I said 7s.—he said he had been sent by a person, he must go and ask him—he went out, came back in about three quarters of an hours, and said the party would take it—there was nothing about it to make me think any thing was wrong—it was very dilapidated—I gave its value for it.
JOHN SMITH (the prisoner.) Hollis and another person asked me if I had any thing that would fetch nay money, as they were going in the country, and had not got any; I said I did not know; they told me to see, and if I had, to bring it out; I went home to my mother's bed-room, and took a watch; they asked me if I had got it: I said "Yes," Hollis said, "Give it me, I know where I can sell it;" I gave it him; he came back and said he had sold it for 11s.; he gave me 11s; I gave them one shilling between them.
Cross-examined. Q. Who was the other? A. James Morton and Dayman; they all asked me; they told me to take it, if there was such a thing; I did not speak about it ill they asked me.
HOLLIS received a good character.
ELLEN FARRELL. I am wife of Richard Farrell, of 31, Great Windmill street. On or about 24th March, I lost this pin (produced) from the window—the glass was broken seven or eight days before—I had two, but sold one.
Cross-examined by MR. PLATT. Q. When did you miss it? A. Not till the policeman showed it me.
WILLIAM METCALF (policeman). I was on duty in Piccadilly; two boys said, in the prisoner's presence, "That is the boy that stole the pin from the window, through a pane of glass, by means of wire;" I took him, and found on him these wires, with crooks at the end (produced), and this pin at the foot of the bed where he was standing.
Cross-examined. Q. Were the boys older than him? A. About the same age—I had asked them no question—I do not know that were concerned in it—They were strangers to me—they took me straight to the prisoner's house—it was about ten minutes after the robbery—I knocked at the door, enquired in which room the boy lived, and was admitted up stairs—the boys went up with me, and said, "There he is"—he made no answer.
CHARLES STIFF (policeman.) On 22nd March, about half-past seven o'clock in the morning, I followed the prisoner to a marine store shop, and then to another—I asked what he had in his bag—he had some lead, which I have examined—it exactly fits Mr. Honeyball's premises, nail holes and all.
JOHN HONEYBALL. The prisoner worked with me—I missed some lead from the house at Loundes-terrace, Knightsbridge—I have examined this and belive it to be the same—it is George Gordon Davis's, my master.
Cross-examined by MR. METCALFE. Q. When had you last seen it? A. On the 9th—it weights 16lbs.
(The prisoner received a good character.)
GUILTY. Aged 47.— Confined Three months.
Before Mr. Recorder.
THOMAS CRICUIT. I live at East Ham. The prisoner was in my service—I allow my carmen to take chaff and corn in their nose-bags—I saw some corn in the corn-bin in a sack, which ought to have been shaken out of the sack loose into the corn-bin—I tied a piece of string outside the sack, to know it again, and put some paper in it—the policeman stopped the wagon after it got out of my yard.
Cross-examined by MR. HORRY. Q. It was your wagon that the corn was found in? A. Yes; I have no doubt the corn was mine.
MICHAEL MAGUIRE (policeman.) I stopped Mr. Cricuit's wagon—the prisoner was driving it—I found in it a quantity of oats and beans in a sack, on the fort-ladder—I also found three nose bags full of horse's food.
THOMAS CRICUIT re-examined. This is my sack and corn—I do not allow such for my horses—not to take away from home—they had as much in the nose bags as I allow them—it has been a rule of mine for years—I do not know that I ever told the prisoner so—on market days they are allowed to take some in sacks, but not on other days—they were only going six or seven miles on this occasion for a load of dung—I never noticed any irregularity
in him before—he worked for me about three months—the corn he had would be about as much as the three horses would cat in the day.
(The prisoner received a good character.)
Before Mr. Common Serjeant.
SMITH pleaded GUILTY. Aged 27.— Confined Four Months.
ELIZABETH ELLAM. I am in the service of Mr. Vooght, a baker, at Stratford. On 31st March, I was up stairs, looking out at the window, and saw Smith go out of the shop and round the corner—he called Nash to him and gave him two bags of flour and a loaf—Nash went to a beer-shop with it—I told my mistress.
WILLIAM VOOGHT. Smith was in my service—Ellam spoke to me—I went to Eastwood's beer-shop with an officer, found the prisoners, and accused them of stealing the flour and bread—they said they had not done any such thing—I told them to come to my shop—I then went back to the beer shop, and found this flour under the counter—it is the same sort as mine.
NASH. GUILTY. Aged 53.— Confined Four Months.
Before Mr. Recorder.
JOHN TAYLOR. I am pork butcher, at Woolwich. On the afternoon of 8th March, I was in the room adjoining my shop—I looked through the window, and saw the prisoner take up one piece of pork, and lay it down again, and then take up another piece and lay it down again—she then took up a third piece, which was lighter than the others, folded it up, and put it under her cloak—I immediately came out, and asked what she had—she turned round, and said she had nothing of mine—I opened her basket, took the pork from under her cloak, and gave her in charge—she appeared sober—I had seen her several times before—there was no one in the shop at the time—I did not give her time to go out—she had got about two yards from the counter.
WILLIAM GLADWIN (policeman, R 122.) I took the prisoner—she said she never had the pork—I think she had been drinking—I produce a certificate of her former conviction—(read—Convicted April, 1847, for stealing 3lbs. of mutton, and confined one month.)—I was present.
GUILTY. Aged 38.— Confined Three Months.
GUILTY.** Aged 21.— Confined One Year.
CALEB AMBROSE. I am apprentice to William Topley, a grocer and cheesemonger. On 4th March, between nine and ten o'clock at night, the prisoner came and asked for a pound of soap—I missed a piece of pork—it was proposed that all present should be searched—the prisoner kept her shawl close—I pulled her away from the counter, and saw the pork behind her, partly concealed by her shawl, held up by her hand—it was about two steps from where it had been before.
Cross-examined by MR. HORRY. Q. The shop was full of customers? A. Yes; Mary Davenport, who is here, had looked at the pork, and said she would wait till I had served another customer—no one searched the prisoner—the pork was not hanging behind her back—I do not know whether it was secured in any way to her shawl—there were about eight females there—they were not larking with one another—I was not larking or joking with any of the women—my master was not in the shop—I afterwards sold the pork—it did not appear to be entangled in her shawl—I saw something on her arm before she went to the counter, and immediately I wished to search her I saw her hand move—the pork did not fall, but it would if she had not held it up by her hand.
MARY DEVONPORT. I was in the shop, and said, I would buy this piece of pork—Ambrose said he would serve me next, and when he came round the counter the pork was gone—a person then said, "Let every one be searched," and Ambrose took the pork from behind the prisoner.
Cross-examined. Q. Was the shop full? A. Yes; there was no joking going on—I was more than a quarter of an hour in the shop.
Cross-examined. Q. The Magistrate admitted the prisoner to bail? A. Yes; and she has surrendered now.
The prisoner received a good character.
GUILTY. Aged 66.—Recommended to mercy.— Confined for Ten Days.
Before Mr. Common Serjeant.
MR. CLERK conducted the Prosecution.
JOHN STEELE. I am stationer, at Woolwich. On 4th March, between seven and eight o'clock in the evening, the prisoner came and asked for half a quire of note paper—it came to 3d.—she gave me what appeared to be a half-crown—I took it—it appeared to me to be light—I struck it on the counter, it sounded and looked well—I put it in a small box in my till—there were then six shillings there—I took out two shillings to give the prisoner change—about twenty minutes before nine, I took a new Victoria half-crown and put in the box—I took altogether about seventeen shillings, but none of it in half-crowns—when the policeman came, I took the prisoner's half-crown from the bottom of the box, and said, "This is a bad one"—I marked it, and gave it him—it was of George the Fourth's reign, and rather worn—I observed, when I took it, it was dirty at the edge—I thought it was worn—it was light.
me if it was good, and told me to give the prisoner charge for it—these were three other persons in the shop—I passed my thumb over it, though it was good, and gave the prisoner 2s. 2d.—she took it and the paper, and left the shop instantly—I took the half-crown up from the counter, looked at it again, took it to the scales; it was light—I put it on a shelf and went to the door, but did not not see the prisoner—I found the half-crown where I left it—no one was in the shop but my daughter—no one could reach the half-crown from outside the counter—in half an hour I saw the prisoner and another woman in the road—I accused the prisoner of having passed a bad half-crown—she said she had not been near the stop—the other woman said, "I am sure she has never been near the shop: she has just come from home with me"—I took her to the step of my door, and the other woman slipped off—I sent for a policeman, and the prisoner was taken to the station—I saw some paper and wax taken out of her apron, and several other parcels—I identified the paper—this is the half-crown—I gave it to the officer.
Prisoner. I was never in the shop; the female gave me the paper. Witness. To the best of my judgment she is the woman.
CATHERINE MATILDA EDWARDS. I am the daughter of Jabez Edwards. On 4th March, about half-past eight in the evening, the prisoner came for half a quire of note paper and a stick of sealing-wax—they came to 4d.—she gave me a half-crown—I sounded it and gave it to my father—I saw him put it by the money scale—no one touched it while he went out.
HENRY WADLOW (policeman, R267.) I went to Mr. Edwards's shop, got this half-crown, and took the prisoner—she said she had never been in the shop—I asked her if she had any paper about her, or wax—she said "No; nothing of the kind"—I took her to the station, and found in her apron three packets of paper, some wax, envelopes, tobacco, and other articles—all new.
GUILTY. Aged 19.— Confined Six Months
GEORGE KING TEMPLE. I am a hairdresser, at High-street, Deptford. On 1st March I went with an officer to the prisoner's house—I charged her with receiving goods from a person in my employ—she said we were welcome to search her place—I searched, and found a pair of combs, part of another pair, a bottle, a pot of castle oil, and pomatum—I believe them to be mine—I missed the combs a few days previously—I had not missed the other things.
ANN BROWN. I was in Mr. Temple's service—I took these articles from my master's shop and gave to the prisoner—I told her I had got some things she had told me to get—she said she was very glad of them, (she had told me to get them), she was very much obliged to me, but I might as well have got the best combs out of the window—I said, I knew my master knew what he bad got in the window, and I could not get them.
Prisoner's Defence. I saw Brown, in High-street—she said she was in service at Mr. Temple's—I saw her again next evening, and she same to my
room and brought me these things—I said, "Thank you; but don't get yourself into trouble for me."
GEORGE KING TEMPLE re-examined. within a fortnight after Brown came to my service the prisoner came and said Brown was her sister; that her mother was dangerously ill, and my wife gave her sixpence—she took Brown to a brothel.
Prisoner. Brown came to my room many times, and begged me to go and ask for her to go out.
GUILTY. Aged 24.— Confined One Year.
Before Mr. Recorder.
GEORGE BARKER. I am in the service of George and Sir John Rennie, of Holland-street. The prisoner was their trimmer—on 9th March I left 88lbs. of copper and two or three pieces of copper pipe safe at half-past five o'clock, on a grating at the back of the furnace—I knocked this piece of pipe about, and can swear to it (produced)—I had it in my hand that morning.
SAMUEL WISE. I am gate-keeper at Messrs. Rennie's. On 9th March, about eight o'clock in the morning, I saw the prisoner coming from the brassfoundry to the gate, with a key in hid hand, and a handkerchief and this metal under his arm—I followed him about twenty yards into John-street, and said "May, I want to speak to you"—he said, "what do you want?"—I said, "Come, and I will tell you"—I touched the handkerchief, and said, "I want to know what you have got there"—he said, "It is the first time I ever took anything, let me go, and I will make it all right in the morning"—he leaned on a window-ledge, as if he was faint, and I afterwards found this piece of pipe there—I have compared it with the rest; it corresponds.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy— Confined Six Months.
Cross-examined by MR. PRENDERGAST. Q. Did you see the window broken? A. No; I received information in five or six minutes—I was at a a butcher's, ten or twenty yards off—I did not hear the crash, it was whole when I left—this is a brass union flanch—it is tinned over—it would be a flanch if it was not tinned—this is a brass box—it has leather to it—it is worth 1l. 5s.
ten minutes past one o'clock, I was passing Mr. Knight's, and saw two young men draw their hand from the window, take the things from under their jackets, and give one to the prisoner—he put it under his jacket and crossed the street towards the river, where the brass was afterwards found—I told them I would go and tell—the prisoner told me not, and began to run—I told Mr. Knight.
Cross-examined. Q. Are you an acquaintance of his? A. No; I got into a scrape at Mrs. Cole, where I live—I ran away to my friends—I took half-a-crown with me, which I had received in different sums for Mrs. Cole, for newspapers—on Friday, a week afterwards, I met the prisoner's companions by the Thames Tunnel—they asked me if I was the boy that went against Myers—I said, "No"—they said they would ask the other boy, and if it was me they would take my life before I went home, and instead of going home I came over the water to a lodging at Ratcliff-highway—that was because I was afraid of them, and not to seal my mistress's money—I staid there four days, till I had spent the half-crown, and then went to my aunt's—my mistress lives by St. Saviour's Church—it is the only time I have been in trouble.
GUILTY.*— Confined One Year.
Before Mr. Common Serjeant.
JOSEPH MOORE. I am in the service of John Holdsworth of Dockhead—on 3rd April there was a box containing 70lbs. weight of soap just under the window—I saw it safe at nine o'clock, and missed it in five minutes—Emmett told me something—in about half an hour Delaney was brought back—Harris afterwards came and asked if I accused him of taking a box of soap—I asked him into the shop—my master called a policeman, and asked Delaney if he saw him take ir—he said, "Yes"—I had seen Martin and Delaney walking backwards and forwards before that evening—I had not seen Harris that Jay—I knew him before, but cannot say I had seen him with the others.
GEORGE EMMETT. I saw Harris and Delaney walking up and down—they said, "Don't tell of that chap, he is going to take that box to make a rabbithutch; it is only an empty one"—Harris then put the box on his shoulder and went away, I knew him by sight—they went a different way to Harris.
WILLIAM NOAKES (policeman.) I received information. and went to Harris's house, but could not find him—I found him at Mr. Holdsworth's—I found Delaney at home, and told him the charge—he said he did not take it—Martin took me to his lodging—I found these pieces, which appear to belong to a box, but most part had been recently burnt—some were burning then—one piece was covered with ashes; it has soap on it—I found four bars of soap concealed under the back window—about three o'clock in the morning I found Martin fastened in a water-closet—I brought him out, and said he was charged with being with Delaney and Harris—he denied it—there was a quantity of soap inside his sleeve and inside his jacket.
Harris' Defence. My mother said my name was mentioned, and I went to the shop; I did not do it.
Martin's Defence. The policeman kept shoving me against the soap, and some got on my jacket.
HARRIS— GUILTY.* Aged 22.— Transported for Seven Years.
MARTIN— GUILTY. Aged 16.— Confined Six Months.
DELANEY— GUILTY. Aged 13.—Recommended to mercy by the Jury.— Confined Three Months.
Before Mr. Common Serjeant.
MR. CLERK conducted the Prosecution.
HENRY HAWTHORN. I am a labourer, in Vauxhall-walk. On the evening of the 4th of March I was near the Southampton Arms, Nine Elms, kept by Mr. M'Nain, and saw the three prisoners standing opposite for two or three minutes—Brown then crossed the road, and went into Mr. M'Nain's—she came out, and Mr. M'Nain came to the door and called an officer—Brown walked some distance, and the other prisoners joined her—I followed them, and saw Brown leave the other two, and go into a grocer's shop—they walked past, and Brown joined them again forty or fifty yards off—they went on down George-street, and I saw Day give something to Anderson, who went into Mr. Powell's—Brow and Day walked on—Anderson came out, made some signal to the other two, and they joined and went into a public-house, and I lost them.
Cros-examined by MR. PAYNE. Q. Was not the policeman with you? A. Yes, and he went into the public-house, but the prisoners came out at the other door, and we lost them—I work for a Mr. Cole—I wen before the Magistrate on the Saturday week after I saw this—the prisoners had then been in custody a fortnight—they were remanded because Mr. Powell was in the country.
JAMES M'NAIN. My father keeps the Southampton Arms. On 4th March Brown came in for half-a-pint of beer, and gave me a bad sixpence—I gave her the change, and watched her out—she went towards Vauxhall-gate—I met the officer Bent, and gave him the sixpence—he went with me, and I pointed out Brown—we watched her—the other two prisoners came up to her about 200 yards from our house—we followed them to Broad-street—Brown there went into a chandler's shop—the other two walked on towards Lambeth workhouse—Brown came out, and they joined again—I saw Day give something to Anderson, who went into Mrs. Fowler's, while the other two walked on—I had the prisoners in sight nearly two hours—when Anderson came out of the shop he put up his hand, and Brown and Day joined him—we followed them to Westminster-road—Day and Anderson went into a public-house, Brown stood outside—they then came out, and went towards Westminster-bridge, and we lost them—on Monday, 6th March, I went with Hawthorn to the Compasses, in the Wandsworth-road, and apprehended them—I am certain they are the persons I had seen on the Saturday.
JOSHUA WILLIAMS. I am the son of Peter Williams, of Broad-street, Lambeth. On 4th March Brown came for a quarter of a pound of sugar—she gave me a bad sixpence—we gave it her back—she said she took it for a good—one—she took it away and left the sugar—I am sure she is the woman.
Brown. I never was in the shop.
MARY POWELL. My husband is a chandler, in George-street, Lambeth. On gave March Anderson came for a quarter of an ounce of tobacco—he gave me a sixpence, I gave him fivepence in coopers, and he walked out quickly—in about three seconds the policeman came in, and I gave him the sixpence which I had put into my purse—I t was the only coin that loose—the other was all wrapped in paper.
THOMAS BENT (policeman V 95.) On 4th March Mr. Nain came to me in Nine Elms-lane—he gave me this sixpence—I followed the prisoners to Board-street—I saw Day and Anderson standing about thirty yards from Mr. William' shop, and Brown came out joined them—they went on, and Day gave something to Anderson—Anderson went into a shop—he came out, and held up his hand and ran—the prisoners joined company again and went into a public-house, and then towards Westminster-bridge, and I lost them—I got this sixpence from powell—on the Monday following I went to the Wandsworth-raod, and saw them in company—I said, I wanted them for smashing and Saturday—Day said, "I don't know what you mean"—Brown laughed and said, "You are wrong this time, old boy."
Cross-examined. Q. Did not Day say he had given Anderson 2d. and something to eat, to carry his load? A. Yes—Day had some turf in his basket, as he generally has—I wanted to follow the prisoners home on Saturday day night, but they went too fast—these were many people about, and I lost them in a moment.
Anderson. I was not with this man on the Saturday night. Witness. I am quite certain he was.
Brown's Defence. Day is perfectly innocent; I hope you will have mercy on me.
Anderson's DEfence. I never saw this man or woman till I met them on Monday; Day offered me twopence and something to eat to carry his load.
BROWN— GUILTY. Aged 26.— Confined Six Months
ANDERSON— GUILTY. Aged 13.— Confined Three Months.
DAY— GUILTY. Aged 24.— Confined six Months.
MR. CLERK conducted the Prosecution.
ROBERT SADLER. I am a beer-seller at Wandsworth. On 23rd March I was outside my house, and saw the three prisoners, as if in conversation together—I thought they passed something, but I could not be positive—they then separated—Watson came towards my house, Howell came into my house, the others passed by—Howell was in my house before me—when I got in my wife gave me a shilling and said, "Give this man his change"—I did not like it, and said, "This won't do for me, this is not good"—I partly bent it—he took it and said, "To convince you that I did not mean to pass bad money, I will destroy it"—he put it into his mouth and bent it partly double, he then went but—I gave information to the police—I saw them again the same day after they were taken.
Sadler, went in the direction pointed out to me, and saw the three prisoners in a lane leading to Merton—they were about ten yards apart—I saw Roberts and Watson join afterwards—I got assistance and took them—a small knife was found on Hewett, on Roberts a good half-crown, and on Watson two canvass bags—there were twenty shillings and a half-crown, all counterfeit, in one bag, and amongst them were two bent shillings—in the other bag were sixteen sixpences, seven fourpenny pieces, and 2s. 10d. in copper, all good.
Roberts. You did not see me with either of these men. Witness. Yes, I did; you were in conversation when I passed.
Hewitt. Q. Did you see me within fifty yards of them? A. Yes, within ten yards—when I first saw you you were all on the footpath—you were not with them when I took you, you were along with some workmen—you passed out of the road when Roberts stopped, and then came in the road again.
Roberts' Defence. I was going to Tooting to call on a harness-maker, and not knowing the road I asked these men—I walked on ahead of them; this policeman pulled off his coat and ran as hard as he could, and if I had done anything wrong I should have run too; he said, "You are my prisoner;" I said, "For what?" he said, "For passing bed money;" I did not know these men till I was taken to the station.
Watson's Defence. I know nothing of either of these two men; this man asked me the way to Tooting; I picked up the two bags just before the policeman came up; I had no knowledge of these two men till I saw them in the station.
HEWETT— GUILTY. Aged 24.
WATSON— GUILTY. Aged 30.
ROBERTS— GUILTY. Aged 36.
Confined One Year.
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
JOHN BECK. I am foreman of the brick-makers at New Cross. Between seven and eight o'clock on the morning of 22nd Feb., I saw the prisoner near my residence, which is a van in the field, carrying this piece of a railway chair in his hand—I stopped him—he said, "For God's sake don't give me in custody"—that he had found it on the tip, that is, a hill of dirt—I gave him in charge.
Cross-examined by MR. ROBINSON. Q. How far from the railway had he got? A. Above 200 yards.
THOMAS BRENNEN. I am inspector of works on the London, Brighton, and South Coast Railway. Mr. Charles Pascoe Grenfell, is the chairman of the company, and there are other persons belonging to it—the prisoner was employed by the company—this is a crossing chair, and this is a piece of a pipe—we have such things—no labourer would have any right to take them.
Cross-examined. Q. You did not miss any chair. A. No; this is
broken—we collect old chairs which are broken, to sell—the prisoner was in our service two or three months ago—I believe this piece of iron belongs to the company—there is no stamp on this chair—there is a stamp on the others—there is no other railway near.
GUILTY. Aged 22.— Confined Three Months.
(There was another indictment against the prisoner.)
Before Mr. Recorder.
1164. EDWARD KEATCH , burglariously breaking and entering the dwelling-house of Elizabeth Ludlow, at St Pancras, and stealing 12 spoons, 1 milk-jug, 1 pair of sugar-tongs, and other articles, value 10l.; and 1l. in money; her property: and JANE KEATCH , for receiving part of the same.
ELIZABETH LUDLOW. I live at 44, Liverpool-street, King's-cross, in St. Pancras' parish—I am single. On 23rd March I was alarmed, about seven o'clock in the morning, by my servant—she is not here—I went down, and found several pieces of plate had been taken from the cupboard, and a sovereign from the desk, an umbrella, table and tea-spoons, and other things—my dressing-case was broken open, and the tops of two scent-bottles taken away—those articles were all safe when I went to bed the night before—I found a back-parlour window open, which had been shut when I wen to bed—that window looks into a garden—I noticed some footsteps there, and on the window, and on some rails near it—I do know the prisoners—I have since seen my umbrella, some tea-spoons, and a seal—I lost nine postage stamps out of twelve—I have since found seven of them—there are still two gone—they are lettered from "C C" to "C F"—the articles produced are mine—they are worth more than 5l.
WILLIAM EDWARD ARCHBUTT. I am a pawnbroker. Jane Keatch offered these four tea-spoons to me in pawn—she said they were her father's, and she gave the name of "Jane Lewis, 26, Francis-street, Waterloo-road"—I gave her into custody.
MAURICE HAYES (policeman, L 96.) On Saturday, 24th March, I was called by Mr. Archbutt, and took Jane Keatch—she said the spoons belonged to her father, of 26, Francis-street, Waterloo-road—I took her to the station, and this umbrella and seal were found on her—she said she had told the pawnbroker a falsehood, and that a man on one of the bridges had met her, and gave her the spoons to pawn, for 10s.—then she gave her address, 26, William-street—I went and found the place locked up—I went again next morning—I found Edward Keatch there, and I found seven stamps—Edward Keatch said he had left home the morning before, and was coming along the Albert-road, at the foot of Primrose-hill; that he saw two lads secreting something, he was curious to go and see what it was, and he found the spoons produced, and under another heap he found the umbrella, that he gave them to his daughter, and authorized her to pawn them—he lives about a mile and a half from Liverpool-street.
Edward Keatch's Defence. I know nothing of the robbery; I was going to my own house, and saw two young men secreting something; I went, and found the spoons and the seal rolled up in a piece of rag, and the umbrella under another heap; I took them home, and asked my daughter to pawn them.
EDWARD KEATCH— GUILTY of Larceny in the dwelling-house. Aged 45, Transported for Seven Years.
JANE KEATCH— NOT GUILTY.
1165. ANTHONY FINLAY, THOMAS HOWLETT, JAMES TAYLOR, HENRY BROWN, DAVID ANTHONY DUFFY, GEORGE LOWERS, THOMAS WALKER, ROBERT ARCHER, THOMAS HORSSEY, RICHARD WEBSTER, JOSEPH BURDEN, SAMUEL MAYNEY, THOMAS SNEAD, GEORGE PAYNE , and WILLIAM BAILEY , were indicted for breaking and entering the dwelling-house of Thomas Grey, at Camberwell, and stealing 8 chains, 28 brooches, 200 watches, 170 rings, and a great variety of articles, value 652l. 13s., his goods; Brown, Walker, and Snead, having been before convicted.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS GREY. I am a silversmith and pawnbroker, in southampton-street, in the parish of Camberwell—it is my dwelling-house—I have two houses, which are adjoining—there is an internal communication from one to the other—I reside in one with my family—the other is my shop, and some of my servants sleep there. On Monday, 13th March, a little after twelve o'clock, I was in my private house—in consequence of what had taken place in the neighbourhood, I had fastened up the doors and shutters of my shop and private house—the shutters were fastened with iron bars—at about twenty minutes after twelve I heard a noise of a mob coming down the street—I left the shop all secured and bolted, and I went to the window of the dwelling-house—I was standing there with my wife, and the first thing I heard was the breaking of the fanlight over the shop door—as they went past, I heard several say, "Let us make a smash, we will go in here"—I could not identify one of the mob, I was so excited—the mob left the street, to go up Abbot-street, and I went out at the back of my house, to go to the Peckham police-station—I heard something as I was going along—I did not return till the mob had left—I was absent perhaps an hour—when I came back I found the shutters and iron bars of the door broken—they could not force the lock and bolts, but the centre of the door was cut out—several pannels of the shop shutters had been cut out, and the iron hooping had been cut through—the window was all smashed—I went into the shop, and found the inside frames of the window completely chopped to pieces—the window was in a very disordered state, scarcely anything left in it—there had been a good deal of property in the window, as usual, when I shut up the shutters—I missed nearly the whole of the property from the window—it consisted of pencil-cases, thimbles, weddingrings, I should think twenty-three or twenty-five watches, jewellery of all description, brooches, and mathematical instruments—rhe drawers under the counter were full of jewellery, plate, rings, and watches, and other things— —those drawers were not entirely cleared, but mostly so—the top drawer had been full where the watches were kept—from 150 to 200 watches had been taken out of the drawer, besides what were taken from the window—the whole of the cash had been taken from the till, amounting to 15l. or 16l.; and a quantity of clothes were also gone—I should think the amount of my loss was about 900l.
Horssey. Q. Did you lose any hats or coats? A. It is impossible for me to say—I had piles of coats and hats in the shop, but they were so numerous I cannot say whether I lost any.
ROBERT GREY. I assist my brother, Thomas Grey, in his business. I was at home on Monday, 13th March—when I heard the smashing of the fan-light, I was in the shop—I went into the private house, and observed the mob go up the street opposite—I went into the first floor of the house, and
observed the mob come back again and come to the house—I saw Finely—he was the first that came to the house—he had a stick or an iron bar in his hand—he struck the shutters and cried, "Hurrah for Liberty!"—I then went down into the shop, and while I was there, I heard the mob hammering at the shutters, and soon after the door-shutter was smashed in, which was lined with sheet iron—I saw the door smashed in to an extent that would admit a person into the place—the glass sash-frame of the door was broken in as well as the shutter—I saw the mob outside, but I could not distinguish any of them—I ran into the private house to take care of my brother's wife and children—I took them out at the back door and put them over the wall of the next house—I returned to the shop in about ten minutes—the mob were then clearing away from the outside—I saw the shop had been rifled—all the lower part of the window was cleared out—there are two shelves in it—the lower part was enclosed by windows inside, which were smashed, frames and glass and all—it had all been done within the space os ten minutes, and watches and other things were taken away—I found one pawned wate; near the door, and one silver watch, which had been in the window, had been trodden upon, and there were thimbles and other things about—I saw Howlet among the crowd when they were first going up Abbot-street, opposite our window—I thought there were about 500 persons—I did not notice anything that induced them to come back, but there appeared as many to come back as went up the street—there were hats and clothes in our shop—I did not miss any of them, but we have so many we could not.
COURT. Q. How many yards had the mob got up the street when you saw Howlett? A. I should think about 200 yards.
MR. BODKIN. Q. You heard the fan-lights smash, then went into the dwelling-house, and saw the mob going up the street opposite? A. Yes; and directly after they returned, the attack on the house began—that was about twenty minutes from the time of the fan-light smashing.
Corss-examined by MR. CHARNOCK. Q. What was the time from the smashing of the fan-light till they left? A. I suppose the greater part of an hour—the original smashing began between a quarter and half-past twelve—I cannot tell the time nearer than that—from the beginning till they went away was from half an hour to forty minutes.
Taylor. There was a man named Charles Smith, who received 5s. and some clothes. Witness. A man came and said he was to be furnished with a hat and coat to go after the prisoners, and he got the hat and coat, and went away.
THOMAS GREY re-examined. That man, Smith, busied himself very much, and went with the special constables to apprehend the prisoners—he came to my house, and said he was a poor man, out of work, and it was not possible he could stay in London without something, and I gave him 5s.—the next day he came and told me he could take a prisoner, if I would let him have a disguise—I said, "Certainly not"—when I got home, I heard that he had been, and said that I had authorised him to have a coat and hat, and they let him have a velveteen coat and hat.
CHARLES AUGUSTUS CATHIE. I am a victualler, out of business. On 13th March I was in Southampton-street, near Mr. Grey's shop, about twelve o'clock—I was a little past Mr. Grey's when the mob came along—they threw stones at the windows and went on—they came back to Mr. Grey's and I saw them hammering away at the shutter—Taylor was one of the first to get in through the window—he had something in his hand, but I
cannot say what—one had a short hammer, another a chopper, and others had sticks—Taylor was the first that I saw enter the shop, as soon as an entrance was effected—several others followed him—Taylor came out again in four or five minutes, with a candlestick in his hand; whether it was silver or plated, I do not know—he put it into his cap, buttoned up, and ran away—I ran after him, and never lost sight o f him—when he got about twenty yards to Addington-square, I saw him pass his hand over another man's shoulder—I cannot till whether he gave him anything—I still pursued him, and took him in Grosvenor-park—where they were about to build some houses in Brunswick-terrace, I saw him throw something over a wall, and over there we afterwards found some shoes—when I took him, two shoes fell from him—I took him and Finlay together, concealed in an area, bear a tank—I found the shoes in the tank—Finely was recognised as one of the ringleaders.
Taylor. Q. Where did you find the shoes? A. When I struck you, two more shoes came from you—there were four or five shoes over the wall—I think there were seven shoes altogether—you ran behind some gravel, and I knocked your hat off—it was about half-past twelve o'clock, or twenty minutes to one—I saw you at Mr. Grey's shop a quarter of an hour before that—I do not know that I saw you do anything to the shutters; I saw you get in—there were some young lads stooped down at the door; you got over their backs and got in—you had a very remarkable cap on—I did not notice which hand you had the candlestick in—you came out at the door, the same way that you went in.
Taylor. It was half-past twelve o'clock when I was in a public-house against the Common. Witness. It was about half-past twelve when I saw him go into Mr. Grey's—I took him about a quarter of an hour afterwards.
MR. CLERK. Q. Did you ever lose sight of him when he came out of the house with the candlestick in his hand, till you caught him in Grosvenorpark? A. The only time I lost him was, when he doubled down and got into an area with Finlay—when his cap came off and the two shoes fell, I took them up and pursued him again—I ran after him for a mile at least.
DAVID FARMER. I aam a plumber in Southampton-row. I was acting as a special constable on 13th March—I observed the mob coming up Southampton-street from the Rosemary Branch—they passed by Mr. Grey's shop, and nearly the whole of them turned up a street—they returned, and commenced attacking the place—I went up with other constables, and attempted to get to the door-way—the door had ben broken in, so as to give them access to the shop—they were passing in and out at the time I got up—Brown and Duffy were two that I saw in the act of passing in and out through the broken door—I noticed duffy first, and then Brown—I and Mr. Fleming, another special constable, attempted to go into the house—I was knocked down by the mob—I noticed one of the persons who struck me was Archer—he was in the mob, about three yards from the door—just before I was knocked down he made a blow at me—I was struck by several—he was the only person I could recognise—I noticed Lowers and Walker—they were close by me when I was struck, about three yards from the door—they had sticks in their hands, and were pressing towards the door—after I got up, I got into the shop, and soon after the mob dispersed—some constables were then coming up—when I came out, I saw Brown in custody of the officer Buchanan—I said, "There is one of the men that I saw going into Mr. Gray's shop"—Brown said."You had better make a feast of me"—I did not notice any one else striking me but Archer—another witness speaks
to Lowers striking me, but I did not observe that myself—he was behind me.
Brown. Q. Did you see me come down with the mob? A. I saw you passing in and out—I saw Duffy coming out.
Duffy. Q. What time was this? A. I cannot speak to ten minutes—it was between twelve and one, about the half-hour.
Duffy. I am taken for another man; you stated it was twenty minutes to one, and you saw me the ringleader; you are being paid for perjury. Witness. No, certainly not—I am quite confident you are the man I saw coming out, or I should not have sworn to you.
Lowers. On the last examination, when he swore I struck him with the stick, he said, on my cross-examining him, that it was not me. Witness. I do not say you struck me—I could pick you out of fifty persons of the same size.
JOHN PARSONS. I am a plumber at Camberwell. Between twelve and one o'clock on 13th March I was in Abbot-street, which runs into Southampton-street—I saw the mob there—I can identify Brown and Duffy as being there—I saw them come back to Mr. Grey's shop at ten minutes or a quarter to one o'clock—I saw Brown and Duffy close to Mr. Grey's door—I was on the opposite side of the way they were taking an active part, but I did not see them go into the shop—the door had not then been broken open—I had them in sight eight or ten minutes—the mob was at work at Mr. Grey's shop from the time I saw them at the house till they dispersed, about ten minutes—when they began to disperse I ran after Brown for three or four hundred yards—I took this gown-piece from him—he had it in his breast, under his coat—he said he picked it up—some other persons came up, and said, "You had better let him go;" but I kept him about two minutes, till Buchanan came up and took him.
Cross-examined. Q. Did you see the commencement of the breaking of the fan-light? A. No—I saw them in Abbot-street, about a quarter before one—from the time they returned till they dispersed might be twenty-five minutes.
Brown. Q. Did you see me at the shop? A. I saw you at the door—I lost sight of you for a few minutes—I then saw you making your way off, and I followed you—you had a south-wester or a coalheaver's hat on—I am sure you are the man—(Brown here put hat on)—that is the hat.
Duffy. Q. What time did you see me at the shop? A. About ten minutes to one—I swear to you—you wore a red handkerchief, or comforter—I know you by your face—I could swear to you amongst a hundred—you had on a brown cap, rather darker than your coat—I think you had the same coat on that you have now—I am not being paid for this—I am losing 7s. a day by being here—I am not taking you for Charles Lee, a gipsy—I do not know such a man.
MR. GREY re-examined. This gown-piece is mine.
JOSEPH BACON. I am potman to Mr. stead, of Coleman-street, Camberwell On Monday morning, 13th March, I saw the mob in Southampton-street, about a quarter-past twelve o'clock—I observed Webster and Horssey, but could not swear to any others at that time—I had known them about nine years—they had been at the same school with me—the mob went up Abbot-street, and came back into Southampton-street in about twenty-five minutes—I was opposite the shop, under Mr. Child's', the butcher's verandah—I saw Wester and Horssey go into Mr. Grey's shop—they had then caps on; and old coats—they came out again with hats on, and over-coats buttoned over—I
was going about delivering my beer—I saw Burden by the Bricklayers' Arms, about seven doors from Mr. Grey's—he was with the mob, going in the same direction—I did not see him do anything—there were three lamps smashed at the Bricklayer's Arms—Burden was with the others, but walking by himself—the others were all in different parts of the street, running in all directions—I saw Webster and Horssey again from five to ten minutes, after the mob had left Mr. Grey's—I asked them what they had got—they said, "Nothing at all"—presently I saw Webster give Horssey a small paper parcel, about the size of the palm of his hand—they went up Park-street, and I saw no more of them—Burden was dressed in a long blue coat and cap—I only saw him a moment, but I knew him before, and took notice of him—I am certain he is the person.
Cross-examined. Q. What time did you see Webster going up Abbot-street? A. About a quarter-past twelve—the last time I saw him was as near one o'clock as possible—he then had a coat and hat on; when I saw him first I cannot swear to the coat he had on—he had a cap on then—I was first applied to to be a witness on the Wednesday following—I gave information to Mr. Quinnear on the Tuesday night, about half-past seven—I saw policemen before, but did not say anything to them—my master's house is a very short distance from Mr. Grey's—I told Traffray, on Tuesday morning, that I had seen it, and on Tuesday night Mr. Quinnear came down to me—I did not tell any policeman on Monday—I thought it was not worth while—I saw Webster and Horssey again in Park-place station—the policeman took me—he told me had taken Horssey—I went to identify him—I did not know I should see Webster before I went to the station—a policeman there said, "Are these the men?"—I said, "Yes," and they walked behind the bar—I was told on the Thursday to go Lambeth station, and there I saw Burden amongst other prisoners—they pointed him out, and I said, "That is the man"—I have not said that I had great doubts whether Webster was the person—I have not said so about Burden—I have witnesses to prove that I never said so—I brought witnesses here, because I was told that I had said, I was not certain Burden was the man—I said, "It is no such thing"—he did not say to me, "Be positive about it"—nor did I to him—Quinnear did not say so—Burden was there, like the rest—my beer did not get upset—there was a little spilled—they did not drink it—I was not taken—I had done nothing—I had a view of Webster for a minute or two—there were a great many people, and great confusion.
Horssey. He stated that he was serving a woman with a pint of ale, and there were 300 persons round him, and then he stated he was in the shop serving it. Witness. No; she called me for a pint of ale; I took it into the shop, and then came out—I was running with the mob, after I left my beer in Coleman-street—I am no relation of Quinnear's.
MR. CLERK. Q. Was Haydon with you when you were near the crowd? A. No; he did not join me at all—I saw Traffray on Tuesday morning about eight o'clock—I did not name to him the three persons I could identify, only Webster and Horssey—I never mentioned Burden—I have known Burden about six years—I am certain that Webster, Horssey, and Burden are three of the persons who were there.
SHAMBROOK BURRELL. I am a carpenter, at Peckham. I was in Southampton-street when the mob was attacking Mr. Grey's house—Mayney was there, near the Southampton Arms, coming towards Mr. Grey's with the mob—he had a hammer in his hand—I saw him in the act of hammering the
shutters—that was at the time they were into—I saw the shutters of the door knocked down, and saw Mayney go in—others went in at the same time—I saw Mayney come out—I followed him, and lost sight of him against the Bricklayers' Arms—I made inquiries, and found him in a public-house, in East-lane, Walworth—I pointed him out to Smith, the officer—I knew him before.
Mayney. Q. You say you saw me in a publllic-house? A. Yes—I saw you hammering the shutters—the door was broken in—there were perhaps fifteen or twenty persons hammering the shutters—there were perhaps 200 or 300 people about the place.
Mayney. I have understood he has been paid by the police as a spy. Witness. I do not know any of the police—I know Smith the policeman, since he took you—I did not know him before—I know you by working with me fifteen months ago—I did not say, when you dropped a brick off the scaffold, that I would do something for you—I was with you, drinking in the beer-shop, five minutes—it was about twenty minutes to one o'clock when I saw you breaking the place.
ANN BROWN. I live at Camberwell. I was in Southampton-street on Monday, 13th March—I saw the mob come to Mr. Grey's—I saw George Payne attack the door with a railing, and he cried, "Hurrah for Liberty!"—when he cried that, the rest of the mob came up—I struggled out of the crowd—they began to break the door with hammers, and large rails, and other things—when the door had been broken in, I did not ate any persons gong into the shop, but I saw them coming out—I saw Snead come out—he was getting over the pieces of the door that were left at the bottom part, and holding by the blind that was hanging by she side of the door—while the persons were going in and coming out, I saw watches thrown into the street over the heads of the people, as if they were thrown amongst the mob—there was no one else I could identify besides Payne and Snead—Snead had a small paper parcel in his hand, I cannot say what it contained—I should not have noticed him, but he was so much higher than the others.
Payne. Q. What times was it you saw me attack the shutters? A. I cannot tell—I was not at the first examination—I did not know you were there till I went on the Tuesday—I am quite sure you are the person—I never said you were the person because you had shoes on—I could not tell what shoes or boots you had.
WILLIAM SUMMERTON. I am a labourer, and live at Camberwell. On 13th March I saw the mob come round Mr. Grey's shop—I saw Bailey there—he struck the shutters with a short-handled hammer—that was before the door was opened—after the mob had dispersed, I saw him come out of Park-street with the hammer in his hand, and he said to two young men, "If you had been as much use as this hammer, you would have done some good"—I am certain he is the person who said that.
Bailey. Q. Was the door broken in when you saw me? A. No; it was about five minutes to one o'clock when I saw you talking to the two young men—I was not told to come at the second examination—I did not say I knew you by your clothes—I swore to your face.
THOMAS ALLISON. I live in Southapton-street. I was acting as a special constable—I saw the mob come to Mr. Grey's house—I saw Duffy and Lowers taking an active part—I saw both of them go into the shop and both come out—I saw a silver toast-rack thrown out of the shop into the street—Lowers picked it up, Duffy came out, and he and Lowers went towards the Bricklayers Arms—I followed them—when I first saw them, it was just before they got to Mr. Grey's door—Duffy had an iron bar in his hand—I was about six or eight yards from Mr. Grey's when I saw Duffy go into Mr. Grey's—when he came out, his jacket stuck out as if he had got something under it, and his pockets seemed full—his jacket did not present the same appearance at first—he had a red comforter, or handkerchief, and a cap on.
Duffy. Q. What time did you see me? A. About half-past twelve o'clock—I had seen you about the street before. begging—I never saw you thieving—there was another man of colour there, but I could not swear to him—it was about ten minutes past twelve when I saw you coming down Southampton-street—you were in the mob—I was close by the shop—it was about half an hour from the time the mob got to the shop till they dispersed—I did not see you use the iron bar for the purpose of breaking open the door—you were a quarter of an hour or twenty minutes in the shop—I walked round the mob—it was no use for one person to try to take you—I saw one or two go in and get knocked about.
Duffy. It was Charles Lee, the gipsy, that he meant—there is a policeman that knows the man, and can give me a character—they swear to me because I am a coloured man. Witness. I swear Duffy is the man—we went after the mob, but he got ahead of us—did not detain him in the house because I could not get near the door.
Lowers Q. What time was it you saw me first? A. About half-past twelve o'clock—you were about 100 yards from the shop, coming towards it—you was one of the first of the mob—I saw you get into Mr. Grey's house over the doorway, the same as the others—I do not know how many persons were between me and you—I can swear to you, because I pointed you out—I was facing the door-way when you came out—I did not observe anything in your hand—When you picked up the toast-rack I was gone over to the butcher's, about twenty yards off—you ran in amongst the mob—there were several others near you—I did not take notice of your dress at all—I swear to you by your face.
MR. CLERK. Q. How far was he from you when he picked up the rack? A. Five or six yards.
JOHN AVERY (policeman, L155.) I was at the police-court, on the examination, on Tuesday, 14th March. I saw Lowers there, standing in the public waiting-room—Mr. Allison pointed him out to me as a person he had seen, and I took him—Lowers said he was quite mistaken in him; he was not at Mr. Grey's shop the day before—he had this stick.
WILLIAM OVENDEN. I am a tobacconist, out of business, and live in Albany-road, Camberwell. I was in Southampton-street at the time the mob was attacking Mr. Grey's, about ten minutes to one o'clock—I can recognise Walker and Howlett as being there—I saw them about six yards from Mr. Grey's door—I did not see them do anything—I saw Howlett with something in his hand—that was after the persons had got into the shop, when they were about leaving the premises—what Howlett had appeared to me like half-a-dozen tea spoons—he had the handles in his hand—I saw the witness Farmer among the mob, and saw some of the policemen strike
him; but I could not swear to them—I mentioned two or three, but on the second examination I could not pick them out; they had changed their neckcloths—I can now recollect that Lowers struck Farmer; but he had a red handkerchief that day.
Lowers. Q. What did I strike Farmer with? A. A stick, similar to what boys strike hoops with—you were about half-way between Mr. Grey'a and the Bricklayers' Arms—there were three or four persons near Mr. Farmer, who are not here—on the first day I sware to one prisoner, who had received a cut in his eye; but since then he has recovered—I could not swear to him now—I could swear to you; I knew you well; I said so the first day—the person who was cut in the eye was in the crowd—I should think there were not above nine persons round when you struck Mr. Farmer—the other persons were gone—the mob left before one—I saw you with a stick—you struck him—I can swear to you by your countenance—you ran away when you struck Mr. Farmer—to the best of my knowledge you ran over the bridge—I do not know where Mr. Farmer went.
HENRY HAYDON. I am servant to Mr. Harding a butcher, in Southampton-street, four doors from Mr. Grey's. I saw the mob at Mr. Grey's and Burden among them—he was right opposite my master's—s young chap came out of Mr. Grey's and Burden and another went after him—Burden took a paper parcel, about as large as the palm of my hand, out of the hand of the man who came out of Mr. Grey's, and put it into his pocket—he went away, and I saw no more of him.
Cross-examined. Q. Have you said you had any doubt whether it was Burden? A. No; I said it was Burden—I am sure it was him—I have not talked this over with Bacon—I have not heard him say he was fold that I said I was not sure it was Burden—if he has said that he and I were talking about it, it is not true—I have had no conversation with him about it—I can see Mr. Grey's shop when I stand at our door—it is on the same side of the way—I gave information in the middle of the day, on Tuesday—I saw Burden on the Thursday evening afterwards, at the station—they told me they had taken him—I was taken there, and said that was him—I had seen him with brooms and brushes before I saw him with the mob—I cannot say when, but in Southampton-street—I had seen him three times—I see a great many persons with brooms—I cannot recollect them all, but I saw him picking up stones for a wager four or five years ago—I saw him for about five minutes, before he took the parcel, on 13th March—he was about four yards from me when he took it—there were a great many persons, but not above one person passing between me and him—when I first saw him he was in the middle of a mob of about five hundred persons—he was doing nothing—he had a hat and a blue coat on.
MR. CLERK, Q. How long had you known Burden before that day? A. I had only seen him three times before—I had not heard his name—I knew him by sight—I gave information to Mr. Grey on Tuesday, and described the person—I saw him for about seven minutes altogether on the Monday.
CHARLES FLEMING. I am a plumber and glazier. I was near Mr. Grey's shop on 13th March—I saw the prisoner Brown attack the shop—he began to batter the shutters—I ran over to the private door—I thought they would let me in, to help protect them—I saw Brown taken—I believe he had something in his hand when he was hammering; I cannot say what—I saw Taylor on the left-hand side of Mr. Grey's—he handed some spoons to a
second person, whom I took by the collar; but a number of them came round me, and I was obliged to release him—the mob struck me with sticks, knocked my hat off in the road, and struck me with stones, and other things—I am sure Taylor was the person; I was standing exactly opposite.
Taylor. Q. What time was this? A. About twenty minutes to one o'clock—I cannot say to five minutes—it was about half-past twelve when I left my own home—it was near the doorway that you gave the spoons.
Brown. Q. You saw me? A. Yes; I kept you gave in sight when you went off, and followed you to the Triangle—I cannot tell the time exactly—there were more than you about the shop—I saw you attack the shop—I could not keep my eye on you, and pick my hat up at the same time; but I got sight of you again—I saw you come to the door—I could not see you when I went to Mr. Grey's private door, but I recognised you after I returned—I am sure you are the person who came to the shop-door—your cap was so conspicuous that I saw you again when I came from the private-door—I kept my eye on you from the time you left the shop till you was taken—you had a jacket on.
Brown to JOHN PARSONS. Q. What had I on? A. I cannot say, but you shad a south-wester—I am sure you are the man.
Brown. Q. What clothes had I on? A. I did not take notice whether it was a jacket or a coat—you had a peculiar hat on.
AMBROSE MUGFORD (policeman, M 163.) I took Duffy in a street in the Mint—I told him it was for being concerned in a robbery in Southampton-street—he was innocent, he was not the man; that he knew who it was, and if he were taken he would split—he said it was Black Ben.
GEORGE COLLINS. I am a hatter, in Lock's-fields. I was a special constable—I was present when Duffy was taken—as we were taking him to the station, he said it was impossible for him to have been on Kenningtoncommon or Southampton-street, for he only left his home in Kent-street to go two doors off to get some tobacco and bread; and after getting them he went home, and did not go out again during the day.
GEORGE QUINNEAR (policeman, P 201.) I took Webster at 17, Pitt-street, Old Kent-road—I told him why—he said, "I was not near the place; I was on Kennington-common the whole day"—I took him to the station, and brought the witnesses to identify him—Bacon said, "That is the man"—Webster said, "Did you see ne there?"—Bacon said, "Yes, I spoke to you"—Webster said, "I should like to know what business you had to put that question to me"—I took Burden in Walworth—he said, "I was not there; I went out with my brooms in the morning; I went to Kennington-cross; I had a brush stolen; I saw the shops shut up; I returned home between twelve and one, and went and spent the evening at the Duchess of York."
Cross-examined. Q. Did you tell Bacon you had taken Webster? A. Yes.
MR. BODKIN. Q. What did you say to Bacon? A. I told him I had taken young Webster and he was at the station, and he was to go to the station to see if the recollected him.
Finlay's Defence. I was not there.
Howlett's Defence. I ran before the mob to tell the people to shut up their shops.
Taylor's Defence. I was not near the shop.
Brown's Defence. I stood opposite the shop; I saw my brother-in-law; I went to see if it was him, and picked up a bit of print; I thought I saw my brother running; I followed him, and Mr. Parson's came and took me; I was not near the shop, within three yards.
Duffy's Defence. There is a man who knows he saw me in South-street at half-past twelve; I am innocent of the charge.
GEORGE CORBETT. I am a shoemaker, in Well's-place, South-street, Camberwell. I saw Duffy in South-street at half-past twelve, or a quarter before one o'clock—I did not notice the time positively—that is shout a quarter of a mile from Southampton-street.
MR. BODKIN. Q. What was he doing? A. He was apparently heading the mob—there were three shops broken into in South-street—Duffy and another dark man were heading the mob—Brown, Duffy, and a man named Prophett, were there.
Archer's Defence. I was not in Southampton-street; I was on the Common.
Horssey's Defence. I am innocent; I was two miles from the place.
MR. CHARNOCK called
ANN GISSON. I am a laundress, at 10, Poplar-row, Pitt-street, Walworth—my husband is a sailor—I have known Burden for twenty years, down to the present time—he hears an honest character. On Monday, 13th March, I saw him in Poplar-row, from ten to five minutes before twelve o'clock—I do not know hot far that is from Southampton-street—I was in conversation with him about five minutes—I left him about twelve—I went to the Duchess of York, to get a pint of beer for my dinner, at half-past twelve—I saw him standing there then, and spoke to him—it is not more than 100 yards from where I live—I can go there in two minutes—I was not in the public-house five minutes—I called for the potter and went out—at a quarter after one Mrs. Coleman called me into the Duchess of York again, and Burden was there then—I have no doubt of seeing him—I have known him twenty years—I went to Newgate-street, returned at half-past four, and he was then in the net of leaving.
Cross-examined by MR. BODKIN. Q. where does he live? A. He did live at 8 or 9, Poplar-row—I live at No. 10—he now lives in North-street, which is a very little way from where I live—he is married, and has three children—I have been married forty years—my husband is now in England, and is working at a mill at Chelsea—he goes there from Lock's-fields ones a week—he is watchman there—I have some sons who are sailors—I have one at home twelve years old—the first time I saw Burden that day, he was not it any house—he wa in the habit of carrying brooms and brushes about—I saw him from ten to fifteen minutes before twelve o'clock—I had not been two minutes from home—I was walking along with my grandchild—I do not think I was home—I was out of doors ten minutes—the reason I know it was that time was, I went to the baker's, to get some bread at ten minutes to twelve, and it might have taken me two minutes to return—when I came back I saw Burden talking to a neighbour—I did not busy anything at the baker's; I simply went to see what time it was—I think it was on Wednesday night, or
Thursday, that I heard Burden was in custody—when I went to get my supper beer about half-past nine or ten—I was washing at home on Tuesday—I cannot say whether I was outside the door—I sometimes go out and sometimes not—I am confident I did not go out on Wednesday, till between nine and ten at night—I was washing all day on Tuesday, on Wednesday, and on Thursday—it is very seldom that I go out after Monday, to seek for linen—I went out with my grandchild on Monday—My daughter was cleaning up the place, and during that time I saw Burden—I did not take notice how many persons were in the public-house—there might be half a dozen or more—I dined that day about a quarter past twelve.
MR. CHARNOCK. Q. Is there a clock in the baker's shop? A. Yes, and it is from that I speak—I met Burden two or three minutes afterwards—I am sure it was on the same Monday, for I was quite alarmed that day.
GEORGE THOMPSON. I am an engineer, in North-street, Walworth. On that Monday morning I was sworn in as a special constable—I went to the Duchess of York, that morning, at half-past eleven o'clock—I have known Burden very well for about two years, down to the present time—he has been a very hard-working and honestman—after I had been in the public-house, he came in from a quarter to half-past twelve, and was standing at the bar reading the paper—I did not speak to him, but the publican said to him,"Joe, you have done soon to-day"—the public-house is a mile and a half from Mr. Grey's—it would take a person a quarter of an hour or twenty minutes to go there—I left the public-house a little after four—I left Burden there—he was not out of my sight more than three or four minutes—I am positive it was on that day.
MR. BODKIN. Q. You are a special constable? A. Yes; I left word if I was wanted I should be at the public-house—I am no relation of Burden's—I think it was on the Thursday evening I heard he was taken—I should think the public-house is a mile and a half, if not further, from Mr. Grey's—I should be surprised to hear it is within a mile—I have been in the habit of walking the distance—I have a friend living near Mr. Grey's.
JOHN GROUT. I live at 13, Pitt-street, Kent-road. I was a porter in the goods department at the South-Eastern Railway for six months—I am now out of employ, because they have diminished their hands till their business gets brisk—I was sworn in as a special constable, with Mr. Thompson, on the Monday of the great Chartist meeting—I went with him to the Duchess of York, about eleven o'clock or a little after—I saw Burden come in about a quarter-past twelve—I remained there till about half-past four—Burden was there all that time—he might have left for five minutes to go to the back place—I have known him nine years—he bore a very good character.
MR. BODKIN. Q. Where do you live? A. At 13, Pitt-street, about 100 yards from the Duchess of York. on the Thursday evening, when I went there, I heard that Burden was taken from his work.
THOMAS COLLINS. I am a beer-shop keeper, at 13, Webber-street. On Monday,13th March, I went to the Duchess of York, about twenty minutes past twelve o'clock—Burden was in the tap-room when I went in—I had never seen him before—I remained there till about twenty minutes past four—I did not miss him above two or three minutes during that time.
CHARLES TAYLOR. I live at 7, Poplar-row, Lock's-field. I have known Burden five or six years—I went to the Duchess of York, on the 13th March, about a quarter past twelve o'clock, to see Mr. Collins—I saw Burden there as soon as I went in—I remained there till nearly five in the evening—Burden
did not leave for any time; he might have gone backwards—I was with him till half-past four, or thereabouts—he left before I did.
MR. BODKIN. Q. Did you go to the common? A. Not till the evening, when I went home, about six o'clock.
EDWARD GOLDHAM. I keep the Duchess of York, at the corner of Pitt-street. I have known Burden two years—I never heard anything against his character—on Monday, 13th March, he was at my house—I did not see him come in, but I can swear to his being there at twenty minutes past twelve o'clock, because some men came in and called for a pot of sixpenny ale, and they looked at the dial which was over my head—they went into the tap-room—I carried in the ale, and saw Burden there—I asked the special-constables to remain there, but it was more a joke than anything else—I said I could take care of my own property—I was taking my tea when Burden went out, he nodded to me—it was between four and five.
WILLIAM HINELEY (policeman, M 85.) I produce a certificate of the prisoner Brown's former conviction—(read—Convicted Feb., 1846, having been before convicted, and confined eighteen months)—I was present at his trial—he is the person.
JEREMIAH CRONIN (policeman, S 318.) I produce the certificate of Snead's former conviction—(read—Convicted dec., 1846, having been before convicted, and confined six months)—I was at his trial—he is the person.
Payne's Defence. I was living at a beer-shop about two months; I went out that Monday morning, and a gentleman asked me if I would earn 1s. 6d. or 2s.; I said, "Yes;" I went there, and saw a great many people; I was taken, and they said, "That is one of them."
Bailey's Defence. There is only one witness speaks to me; he said, in his deposition, he thought it was me; I have a good character.
(Joseph Dunkley, a grocer, deposed to Archer's good character; Lydin go to bed, to that of Horssey; and Mr. Simons and Charlotte Andrews, to that of Bailey.)
ARCHER, HORSSEY, WEBSTER and BURDEN— NOT GUILTY.
FINLAY— GUILTY . Aged 17; HOWLETT— GUILTY . Aged 13; TAYLOR— GUILTY . Aged 25; DUFFY— GUILTY. Aged 21; LOWERS— GUILTY. Aged 18; WALKER— GUILTY. Aged 13; MAYNBY— GUILTY. Aged 22; PAYNE— GUILTY. Aged 17; BAILEY— GUILTY. Aged 18; Transported for Seven Years.
BROWN— GUILTY. Aged 26; SNEAD— GUILTY . Aged 25; Transported for Fourteen Years .
1166. JOHN WILLIAMS , GEORGE SMITH , said THOMAS HORSSEY , WILLIAM BARRETT , said DAVID ANTHONY DUFFY ,and WILLIAM BAILEY , breaking and entering the dwelling-house of Robert Creasy, at Camberwell, and stealing therein 52 pairs of boots, value 21l. 5s.; 98 pairs of shoes, 13l. 8s.; 4 pairs of clogs, 16s.; 6 pairs of socks, 3s. 6d.; and 12 yrds of India-rubber sandals, 2s. 6d.; his property.
MESSRS. BODKIN and CLERK conducted the Prosecution.
shop, about half-past twelve o'clock—I heard a noise in the street, and ran out to put up my shutters—I have a glass door that hangs on—I took that down first—I had got two shutters up, and my boy was giving me the third—the mob came up—I said, "I am a poor man; if you want anything, don't come to me"—I said I was not maker of laws, I had nothing to lose, and begged them not to distress me—I persuaded fifty or sixty of them to go on—after that the main body came up; I should think 400 or 500—they beat my front in with staves and sticks—they were armed with staves of barrels, and sticks of all descriptions—I ran in and bolted the door—my wife was trying to get a few shoes out of the window—she has a child in her arms, and I pushed her away, and jumped into the window myself to save a few—I had 162 pairs of boots and shoes taken away—the cost price of them was 35l. 16s., without my shop front—I swear Smith was there—I saw him smash my front, and distinctly saw him take some boots and shoes.
THOMAS IRELAND. I am foreman to Mr. Atfield, of Southampton-street, next door but one to Mr. Creasy's shop—I swear to Horssey, as one who broke the window and destroyed the frames—he had a staff or piece of paling in his hand—there was only one house between us—I was three or four yards from him—I saw Bailey there.
Horssey. I asked him what I wore, and he said, "A cap;" I said I wore a hat, and I was in a wood-chopper's yard all the day; I can get witnesses to prove it; I was not near the place; he said he thought it was me, and then he said he could speak positively. Witness. I said I could not say what he wore—I did not say he wore a cap—I spoke positively to him by his countenance—I told him I could swear to him out of 10,000—I have not the least doubt that he was there.
SAMUEK WALTERS. I am a labourer, at Little Guilford-street, Borough. On 13th March I was at the corner of Southampton-street—I saw a mob breaking into Mr. Creasy's shop—Smith and Williams had tow railings, breaking the front of the window—I saw them take boots and shoes, and put them in different parts of their dress, and then they and three others left the mob—I heard Smith say. "They had better mam us"—the other three left Smith and Williams by the side of the Surrey Canal—I followed Smith and Williams into the Walworth-road, met a policeman, and gave them in charge—I saw boots and shoes taken from them at the Police-court.
Williams. He is a convicted felon; he was concerned in a burglary, for which there was 20l. reward. Witness. I was convicted two years ago, but I was led into it—it was for a box of clothes that another party took—I had six months—I have never been charged with any other offence—I have been working for my father ever since.
Smith. I had no stick in my hand; there is not a word he says but what is false. Witness. He was more resolute in breaking windows than the others.
HENRY JOHNSON (policeman, P 211.) I was on duty in the Walworth-road—Walters pointed out Smith and Williams—I took them to the station—I found on Smith these boots, one in each side-pocket, and on Williams this other pair, tucked up under his waistcoat, one on each side—they had other property—I asked them where they got it—they said it was no business of mine.
WILLIAM SUMMERTON. I live at Edward-street, Camberwell. I was near Mr. Creasy's shop on 13th March, and saw Barrett take some boots and shoes out of the window—I followed him down to Mr. Grey's, the silversmith's, and when the mob dispersed he came away—I followed, and caught
him—he flung down in the road a boot, a shoe, and some upper-leathers—I gave him into custody—other things were found on him.
THOMAS BARRETT. I live in John-street, Camberwell. On 13th March I was in Southampton-street and saw the mob coming towards Mr. Creasy's—Duffy was the leader—he had a small iron bar in his hand—he smashed in the front of Mr. Creasy's shop—I was half-a-dozen yards from him—he had a red comforter round his neck.
Duffy. Q. What time was it? A. Half-past twelve—there were, I suppose, 500 persons—you were in company with the others—I did not see you take anything out of the shop—I was not a special constable—I never ran away for horsr-stealing—I was never tried, and never was married to, or lived with, any woman who was transported—Mr. Creasy's was broken into first—Mr. Grey's is about a quarter of a mile further on in the same street—I could pick you out of 20 or 30 men of the same colour and size—I know you by your face.
GEORGE COREETT. I first saw Diffy on 13th March, about half-past twelve o'clock—he was in the mob in South-street, and another dark man with him—Creasy's had been broken in, and I saw the mob going in the direction of Mr. Grey's—I could swear to Duffy amongst fifty thousand—his face is altered since then—he had hair on his face, and this comforter (looking at it) was round his neck—I was present when it was taken off at the Police-court on Thursday, by Wright.
Duffy. You were not in the passage of the cells when it was taken from me. Witness. I was at the door—South-street is nearly a quarter of a mile from Mr. Grey's and Mr. Creasy's is about the eighth of a mile from Mr. Grey's—I am positive to the time I saw you.
RICHARD THIMBLEBY. I live in Picton-street, Camberwell. I did not see the disturbance on the Wednesday evening—I took Duffy in the Mint—he was pointed out by Barrett—he said it was not him, I was mistaken, it was Black Ben—he said he could prove he was not out of Kent-street that Monday.
GEORGE WILD (policeman, M 94.). I went to Bailey's place on 16th March, and knocked—a woman said he was in bed—I followed her and said to him, "Is your name Bailey?"—he said, "Yes"—I said, "I went to look at your boots"—he showed me an old pair—I said, "This is no what I want"—he went across the room, and handed me these two boots—I said, "I shall take you, on suspicion of stealing these at Camberwell"—he said, "I bought them of a man who wore a velvet coat, on Tuesday morning"—I took him to Kennington-lane and went to Mr. Creasy's who found the fellows to these boots—Bailey said he was not there.
JOHN SAMAIN. I am shopman to Mr. Hatfield. There are two shops between his and Mr. Creasy's—on 13th March, I was putting up the shutters—the mob moved from there to Mr. Creasy's—I saw Bailey there—I swear positively to him.
Bailey. Q. What did you notice me by? A. I took notice of your features—it was from a quarter to twenty minutes past twelve o'clock.
Horssey's Defence. I was at work, chopping wood.
Duffy's Defence. It is very hard I should be prosecuted for another man; it is Charles Lee I am taken for; the M policemen can say I was never brought to their division; I would beg rather than steal; I went to try to get work, but there were so many person; I stopped there till half-past ten o'clock; I went over to Tooley-street; I saw a young woman with a box; I carried it for her through St. Paul's Church-yard to the Strand; she turned into a respectable street, I put it down, she gave me 1s. 6d.; I went back over the bridge to the Town Hall, it then wanted a quarter to one, and when I got to St. George's Church it wanted five minutes; if I were on a dying bed I could say I am innocent of the crime.
MR. BODKIN. Q. Where have you known him? A. In the Mint—he goes about without shirt, shoe, or stocking—he generally wears some little whiskers, which he had shaved off.
SAMUEL WALTERS. Bailey went out in the morning with me—we passed Kennington-common—I lost him, and saw no more of him till I saw him by the Surrey-canal, where I was then watching Williams and Smith—that was when the mob had left Mr. Creasy's and were gone to Mr. Grey's—I have known him five or six years—to the best of my belief he has borne a good characgter—I saw him again next morning—he said to me, "I bought a pair of boots of a man; I gave 1s. 6d. for them"—I said, "I would not wear them"—he said, "I don't know; I gave a fair price for them."
(Lydia Gotobed, and Francis Pendrith, a baker, gave Horssey a good character.)
WILLIAM.— GUILTY. Aged 19.
SMITH— GUILTY. Aged 19.
HORSSEY— GUILTY. Aged 18.
Transported for Seven Years.
DUFFY— GUILTY. Aged 21.
BAILEY— GUILTY. Aged 18.
Transported for Seven Years more.
1167. THOMAS HOWLETT , GEORGE PAYNE , JAMES TAYLOR , and RICHARD WEBSTER , were again indicted, with HENRY BATES , WILLIAM BARRETT , JOHN DENMORE , and SAMUEL MORGAN , for breaking and entering the dwelling-house of David Jameson, at Camberwell, and stealing therein 100 pairs of shoes, 80 pairs of boots, 20 necklaces, 20 towels, and other articles, value 25l. 18s.; his goods.
MESSRS. BODKIN and CLERK conducted the Prosecution.
MARY JAMESON. I am the wife of David Jameson, a tailor, of 14, Southampton-street, Camberwell—It is his dwelling-house, and is in Camberwell parish. On 13th March, between twelve and one o'clock, we had a good many goods outside our shop, and hearing the mob was coming, we removed the whole of them, except one jacket—we got out shutters all up but the last one—we could not get that up—I could not get the bar up—my husband was still in the act of putting up the shutters, when the mob rushed up, and took two pairs of trowsers that were inside the shop—I called my husband—he came in, and double-locked the door—the mob then took down the shutters, and commenced breaking the windows—one of them had a stave of a barrel, one had a piece of a window frame, and one a kind of broom handle—they broke all the glass, and six pieces of the frame—they instantly burst the door open with a very hard instrument—my husband was endeavouring
to resist them, and they hurt his hand very much—they used very violent expressions—they said, "Mark him! smash the b—b—! mark the b—b—"—they took a hundred pairs of shoes, eighty-five pairs of boots, ten pairs of clogs, capes, stocks, wearing-apparel, and a great variety of things—the value of the whole was 25l. 3s. 8d.—I endeavoured to protect my boots—I was struck while warding off the blows from my head—my hand was pouring with blood—that was inside the shop—several of our goods have been shown to me since—I cannot speak to the prisoners as taking a part in it, I was so much alarmed.
DAVID JAMESON. The mob came up to my shop and broke in the front, and the glass door—I had all my shutters up but one—I could not get the bar up—some one snatched the shutter away; I thought it was Webster, but could not swear to him—while they were smashing in the door, I and my wife were trying to keep it shut—I got my hand and arm hurt; I have not got it well yet—Bates, Barrett, Howlett, and Morgan, were there—I cannot tell what parts they took, but they were all assisting in taking away the things from my window—I saw Bates taking boots out of my window—I said I would mark him, and they said, "D—and b—him, mark him!"—I do not say that Bates used that language.
Bates. Q. Where did you see me? A. Taking the boots out—I swear you were there—I was bleeding, and lost the use of my arm.
Barrett. Q. Why did not you swear to me before? A. There were so many in the Court I could not look at the whole of them, but I now positively identify you as one.
Morgan. Q. How is it you did not swear to me on the Thursday, I stood right in front of you? A. I could not swear to half of you, but I can now.
JOHN PARSONS. I am a plumber, at Camberwell. At half-past twelve o'clock, on 13th March, I was in Abbot-street—I saw the mob going towards South-street, away from Southampton-street, four or five hundred yards from Mr. Jameson's—Bates was one of them—I put my hand on his shoulder, and asked what he was doing—he was throwing stones at a private house—I knew him before—I was in the act of taking him from the mob, but I was surrounded by eight or ten persons, with sticks and bludgeons, who took hold of his collar, released him, and insisted on his going with the mob—he worked for me two years, and had a good character—he left the mob, and went towards Bruns wick-square—he did not go into South-street—whether he went into Southampton-street I do not know.
THOMAS ALLISON. I live in Southampton-street. I was a special con-stable—I passed by Mr. Jameson's shop in pursuit of the mob, who were going from Mr. Jameson's—I saw Payne with something stuffed in his jacket—I stopped him, and asked what he had got—he said he had not got anything—I made him pull his jacket open, and these articles came out—I gave him in charge.
JAMES SAVAGE. I am a cheesemonger. I took Morgan near my window—he had a rolling-pin in his hand—I intended to remonstrate with him for having such a thing, and on going up to him I thought he had a pair of shoes—he begged of me not to take him—I took him, and found on him this pair of clogs.
CHARLES AUGUSTUS CATHIE. I live in Albion-terrace, Lambeth. I was at Southampton-street, Camberwell, on 13th March, and saw Taylor at Mr. Grey's—I did not see him at Mr. Jameson's—I chased him about a mile—he threw something over a wall in Bruncswick-terrace—I caught him in an area—I helped a man over tha wall; and saw some shoes found there.
Taylor. I was not near the wall; he wa sworn falsely, like all the rest.
RICHARD HAMBROOK (policeman, P 109.) I took Denmore on Wednesday, 15th March, at Foster's-buildings, Camberwell—I told him I wanted him for a waistcoat which he had bought—he said he had not bought it; he had been to Mr. Hughes, and found it—he took me to a rope-walk, and found this waistcoat.
Bates' Defence. I was not there; I was in Abbot-street; I ran as hard as I could; they caught me, and said, "Come, and join the mob;" I said, "No;" they said they would make me; they struck me with a club, and I took up a stone.
Denmore's Defence. I was not there.
Howlett's Defence. I ran a-head of the mob, to tell the people to shut their shops.
Morgan's Defence. The things I had I picked up.
Taylor's Defence. I was not near the place.
BATES— GUILTY. Aged 19.— Confined One Year.
MORGAN— GUILTY. Aged 16; TAYLOR— GUILTY. Aged 25; Transported for Seven Years
BARRETT— GUILTY. Aged 16; PAYNE— GUILTY. Aged 17; Transpoted for Seven Years more.
DENMORE, HOWLETT, and WEBSTER— NOT GUILTY.
1168. THOMAS HOWLETT, ROBERT ARCHER, WILLIAM BARRETT, BENJAMIN PROPHETT, HENRY DAVIS, GEORGE LOWERS , and WILLIAM BRIGDEN , breaking and entering the dwelling-house of Alfred Thomas, at Camberwell, and stealing 1lb. weight of cigars, 1lb. weight of tobacco, 32 glass jars, 48lbs. weight of sweetmeats, 240 toys, and other articles, value 5l.; his goods.
MESSRS. BODKIN and conducted the Prosecution.
SARAH THOMAS. I am the wife of Alfred Thomas, a tailor—we keep a confectioner's shop in Southampton-place, Southampton-street, Camberwell—it is our dwelling-house. About half-past twelve o'clock, on 13th March, I heard a noise in the street, went to the door, saw a crowd, and began to put up the shutters—I got them all up, and the bar—I had not sufficiently screwed the bolt before Howlett came up and began to take them down—others came up, and took all the shutters down, and broke the windows, and some of the frames—they took my property from the window—I noticed all the prisoners there—Prophett took a bottle of almonds out of the window—there were cigars, and other things of the same sort, about 10l.-worth—some trifling
things have been shown me since—all the prisoners had sticks and palings in their hands—there were a great many people about.
Howlett. I came up, and asked if I should help you put the shutters up: Witness. No; you took them down, and threw them into the road—I knew you before—I had seen Brigden before
JOHN AVERY (policeman, L 155.) I was at the Police-court at Lambeth—Mrs. Thomas tole me Lowers was one of the persons—he said she was quite mistaken, he was not here—I found this stick concealed under his coat—he was taken in the Court—he was not brought there in custody.
Prophett. Q. The first time I was examined, what did you say I had on? A. I said I could not swear to anything—I thought you had a light coat on—I was about twenty-five yards from you when at the window—I did not see you break the window—I swore to you the first time I saw you—I am not paid to come up—I was not in the mob—I followed Barrett, and gave him into custody—I lost sight of you—there were 400 or 500 persons round the shop.
MRS. THOMAS re-examined. This bottle of carraways was taken from my window—these are my spoons.
BARNABAS CHARLES BLESSED. I am a shoemaker, and live three doors from Mrs. Thomas's. I was attending to my own house—I did not see the prisoners till they came to my window—I saw Archer, Lowers, and Barrett—after the mob was partly passed, Prophettran by—he struck at my window.
Archer. I was not there; I was shutting up a shop in the Walworth-road at the time.
Lowers. Q. How was I dressed? A. I cannot tell—you had a bit of paling in your hand.
EDWIN SIDNEY BRENNAN. I am a baker, near Mr. Gilford's and Mr. Thomas's shop—it would take ten minutes or a quarter of an hour to walk from one to the other. I saw Prophett at Mr. Gilford's about half-past twelve o'clock.
Prophett. Q. I was not near the place; how were you looking? A. Out of my window, which was down—I can swear to your features—I looked at you for two or three minutes—I recognise you by your face—I came up to the Polcie-court on the first remand day—you were ranged out, and I recognised you then.
WILLIAM JAMES BUCHAMAN. I am a surveyor of highways, and a constable of Camberwell. On 13th March I took Davis into custody—I found on him these sweetmeats, boot, cap, and plums—as I was taking him to the vestry-hall this bodkin-case and thimble fell from him—he had this stick on him.
MRS. THOMAS re-examined. This needle-case and thimble are mine.
GEORGE CORBETT. I am a shoemaker, in South-street. I gave Davis into Buchanan's custody, twenty or thirty yards from Mr. Grey's, near one o'clock—he was in the part of the mob that was dispersing from Mr. Grey's—I saw Prophett in the mob, and saw Archer breaking windows in South-street, at the same time.
Archer. I was not there at all; it is the first time he has ever stated that, Witness. I stated the same thing at Kennington-lane.
Prophett. Q. Did you recognise me at the station? A. Yes; the sergeant did not ask me if I knew you—I did not say I thought I knew you, nor that I did not—the clerk did not put words in my mouth—I swear I saw you in the mob.
Prophett's Defence. If they saw me they must know my old coat, which I have here; if a person could tell my face they could swear to a coat like this.
Archer's Defence. My master was here on Saturday to give me a character; I was not there; I was shutting up his shop all this time.
(Charles Markland, Stephen Augustus Day, and Martha Webster, gave Davis a good character.)
HOWLETT and BRIGDEN— NOT GUILTY.
ARCHER—GUILTY. Aged 15; and DAVIS— GUILTY. Aged 16.— Confined One Year.
BARRETT— GUILTY. Aged 16.— Transported for Ten Years.
LOWERS— GUILTY. Aged 18.— Transported for Seven Years more.
1169. JAMES TAYLOR was again indicted, with WILLIAM MALE , for feloniously breaking and entering the dwelling-house of Peter Chartres, at Camberwell, and stealing 83 pairs of shoes, 30 pairs of boots, and 2 other shoes, value 16l. 13s., his goods.
MESSRS. BODKIN and CLERK conducted the Prosecution.
PETER CHARTRES. I am a shoemaker at Camberwell; it is my dwelling-house. On 13th March, about twenty-five minutes to one o'clock, some persons came to my shop—I had shut it up—they forced the bar and broke the shutters and windows—about 113 pairs of shoes and boots were taken away, worth 15l. or 16l.—I could not identify any of the persons—they had weapons in their hands, I cannot say what—there were between 200 and 300 persons.
WILLIAM PARKER. I was a special constable. Male was given into my charge in Southmpton-street, about a quarter before one o'clock—the crowd was then dispersing—they were near Mr. Chartres', which is in the same street as Mr. Jameson's—I accompanied Male to the station—the officer found on him this small pair of shoes.
BENJAMIN HATFIELD. I live at 1 and 2, Southampton-street, perhaps a quarter of a mile from Mr. Jameson's. A great number of persons came up to my house, from a quarter to half-past twelve o'clock, with staves and pieces of wood—I saw Male taking part with the crowd.
CHARLES AUGUSTUS CATHIE. I followed Taylor—he threw some shoes over the wall—I chased him a mile—I nearly caught him—I saw him drop these two shoes in Brunswick-terrace—I gave them to the officer—I saw him give something to a man, which I believe was a candlestick.
TAYLOR— GUILTY. Aged 25.— Transported for Seven Years more.
MALE— GUILTY. Aged 17.— Transported for Seven Years.
1170. SAMUEL MAYNEY was again indicted for breaking and entering the dwelling-house of John Rout, at Camberwell, and stealing 1 till; 2 sovereigns; 1 half-sovereign, and other moneys; 56lbs. weight of currants, and other articles, value 10l.; his property.
MR. CLERK conducted the Prosecution.
JOHN ROUT. I am a chandler, at Camberwell. On 13th March, about a quarter-past twelve o'clock, I was putting up my shutters, in consequence of the mob coming—as I put up the last, the mob came up—they said they would save me the trouble—they took it from me, pulled down the others, and commenced beating in the window—I went into the shop and bolted the door—they broke in the glass and frame—Mayney came in, took the till, took about 3l. out of it, and threw the till at my wife's head—I swear positively to him—they took away and destroyed property to the amount of 29l. 15s.—it is my dwelling-house, and is in Camberwell parish—it is about five minutes' walk from Southampton-street.
Prisoner. I am placed here innocently, through you and others swearing against me falsely.
Prisoner. You never recongnised me on the first examination; I was remanded for a week. Witness. I was at the Lambeth-court, but a report came that the mob was in the neighbourhood, and I went out; that was why I did not give evidence on Tuesday—I distinctly swear to you.
Prisoner. One of the policeman said that the prosecutor took the till into his parlour.
JOHN ROUT re-examined. No—two of them got the desk out—I jumped out after them and took it, and threw it back to my wife—she took it into the parlour—the prisoner said at the police-court, "I shall get out of this with two or three weeks, and I will see that you are burnt out of house and home."
GUILTY. Aged 22.— Transported for seven Years more.
1171. BENJAMIN PROPHETT was again indicted for breaking and entering the dwelling-house of Charles Gilford, and stealing 50 eggs, 20lbs. weight of bacon, 124 packets of blacking, and other article, value 7l. his property.
MR. CLERK conducted the Prosecution.
ELIZABETH ANN GILFORD. I am the wife of Charles Gilford, a cheese-monger, of 11, South-street, Camberwell, it is our dwelling house. On 13th March I heard a crash, I ran up to my sister, the glass and frames of our window were all broken, and bacon, eggs, and other things worth about 10l. taken—my husband was out.
EDWIN SIDNEY BRENNAN. I am a baker, opposite Mr. Gilford's. I saw the mob breaking into his shop—the prisoner is one that I saw breaking his shop—I saw him break in the front—he had a large stick in his hand.
GUILTY.— Transported for Fourteen Years.
Before Edward Bullock, Esq.
MESSRS. PRENDERGAST and BAIARLY conducted the Prosecution.
the first week in March, I received a remnant of black hat-cloth from Mr. Devereux, the manager—I was directed to fold it up, and put it back again in the counting-house—while folding it, the prisoner told me to cut him off so much, pointing out about a yard and a half—I cut it, he folded it up, and put it into his pocket—I know he occupied two rooms at 10, Weston-street, Bermondsey.
Cross-examined by MR. PARRY. Q. Do not you know that he had permission to sell hats? A. He had, if he asked Mr. Devereux—it was eleven o'clock on Friday morning when he came to me—he staid there all day, at his work—he came next day to his work—on the Wednesday afterwards he was given into custody—the cloth he had was for tipping hats.
CHARLES JOHN DEVEREUX. I am manager to Messrs. Gillham. These pieces are part of the cloth I lost—I gave instructions for it to be rolled on a roller—this is the cloth from which it was taken—I have compared them with respect to the cutting—if the prisoner had asked me, he would have been justified in ordering any one to cut it off—he might take hats by my permission—I gave Gillham directions respecting this cloth.
Cross-examined. Q. It was used for hats? A. Yes, the three pieces I charge him with stealing—I found them at his house—I am confident they belonged to this remnant—he was foreman, and was in the habit of selling hats by my permission—I have not to apply to my employers—they have given me permission to do what I like for four years, having an extent of business from fifteen to twenty thousand pounds passing through my hands yearly, I presume they have every confidence in me—the prisoner has sold hats on his own account—all the men have permission to sell hats by my permission—if the prisoner had come to me with the money for this cloth I should have been satisfied—all our men deal in hats—I give them credit occasionally—they sometimes ask if I will allow a hat to be paid for on the following Saturday night, and I consent to that—I allow nothing else—I have given him longer credit than that—Mr. Spencer, who was the foreman before, used to take hats without my knowing it; but the prisoner had no right to take a hat off the premises without asking my permission—none of the men have taken hats, and paid for them afterwards.
MR. PRENDERGAST. Q. Had the prisoner any right to take cloth off the premises without speaking to you? A. Decidedly not—if I had been absent during the day, and when I returned he had said, "So-and-so wanted some cloth," and had tendered the money, I should have been satisfied—the responsibility of the business during my absence was in his hands—I asked him about the black cloth—he said, after a long while, "I took it; it is at home"—he was not asked any question about the black cloth before he was taken—if hats or cloth were bought, it was his duty to account to me directly—a fortnight elapsed between the taking of this cloth and its being found—I imagine I was in the City when it was taken, but I was there the two next days—I generally leave home at ten o'clock—I return at one or two, and stay till four or five.
MR. PARRY. Q. Does not the prisoner owe you now 4l. or 5l. for hats? A. He owes the firm about 4l.—he has been two years and a half in my employ—those hats have been regularly accounted for—this transaction was never accounted for in any way.
MR. PRENDERGAST conducted the Prosecution.
CHARLES JOHN DEVEREUX. I am in the employ of Charles and Joseph Gillham. The prisoner was in their employ—he had not authority to take any hats for a person named Demous—he had leave to take hats on giving me notice, but it was his duty first to ask me—he did not ask me to sell any hats to Mr. Demous—he tole me he had taken them when he was in custody—I think he was taken on the 3rd or 4th of March—if he sold the hats in Jan., he gave no information about them.
Cross-examined by MR. PARRY. Q. He and the other men were allowed to supply friends and customers if they liked? A. Yes, if they asked—the men under the prisoner used to ask him, and then he asked me—I was not always on the premises—it is a large factory—I am the only manager—the prisoner has not almost the management of this place—Charles Gillham resides at Liverpool, and the other Mr. Gillham in London—he does not take much part in the business, I do it all—I have only two men at this time, and five apprentices—the prisoner has given it out that he is a son of one of the partners, but I believe it is untrue—I never heard him say so—I have heard others, about a fortnight after he was in custody.
Cross-examined. Q. Had you purchased hats of him before? A. No—he wanted the price of both hats that night—I wished only to pay for one—I left only the 2s.
Before Mr. Common Serjeant.