CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 18TH, 1849.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 18th, 1848, and following Days.
Before the Right Hon. Sir JAMES DUKE , LORD MAYOR of the City of London; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Thompson, Esq., M. P.; Sir John Key, Bart.; William Taylor Copeland, Esq., M. P.; Sir John Pirie, Bart.; John Humphery, Esq., M. P.; and Sir William Magnay, Bart., Aldermen of the said City: the Hon. Charles Ewan Law, M. P., Recorder of the said City: William Hunter, Esq.; and David Salomons, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common-Serjeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate holden for the said City, and Judges of the Central Criminal Court.
THOMAS QUESTED FINNIS, Esq.,
JACOB EMANUEL GOODHART, Esq.
JAMES EDWARD SHEARMAN, Esq
GEORGE TAMPLIN, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
DUKE, MAYOR. SECOND 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 he the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 18th, 1848.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN PIRIE, Bart., Ald.; Mr. RECORDER; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the First Jury.
MR. CLARKSON conducted the Prosecution.
WILLIAM JAMES BEDEL . My father is an auctioneer and land-agent, carrying on business in Gresham-street, City; he has a country-house near Chelmsford, called Broomfield-lodge. On Monday, 6th Nov. last, I saw this advertisement in the Times newspaper:—"A pair of brown geldings, and a very superior Brougham-horse to be sold, at half their value, to procure immediate sale; the pair are well-bred, clever in saddle, and step well together in harness; six years old. The Brougham-horse is bay, black legs, sixteen hands; very noble horse in harness; five years old; warranted sound. The coachman is fully empowered to disposed of them. 28 stable, Turk's Head Mews, Harley-street, Cavendish-square. Also, a very stanch pair of liver and white pointers."—In consequence of seeing that I went to" Turk's Head Mews, or Harley Mews North, in Harley-street—I went down the yard, and when I got to No. 28 stable I saw Mowatt; he was dressed similar to what he is now, with a shawl-handkerchief on, a black coat, and kerseymere trowsers—I asked him for the coachman of 28 stable—he said that he was the coachman—I went into the stable, and asked him whether those were the horses which were advertised for sale in the Times—he said they were—I said, "You will have no objection to give me a reference to whom these horses belong?"—he said, "No, certainly not;" they belong to Mrs. King, of Eastbourne, Sussex"—I asked him to have the horse stripped and taken out of the stable, that I might see him—he called a person named George, who turned out to be a person named Bubb; who came from the loft, went up to the horse's head, took the clothes off, put a bridle on him, and turned him round in rather a clumsy way—Mowatt said, "D----n these London fellows, I thought they were more up to their business"—I looked at the horse, and found he was older than he was represented to be—I believe that was the smaller horse—I asked him how long Mrs. King had had them—he
said, pointing to the smaller horse, "That one she bred, and the other (alluding to the larger one), she bought two or three years ago"—the little horse was then taken into the stable, and—the other one was brought out—he said they had been constantly driven together, and I asked to see them stand together side by side—I asked how long they had been driven together, and he said constantly for about two years by himself; that the ladies had ridden them, and they were perfectly quiet in double and single harness—I believe I made a remark upon the other horse's age as well—I said that either he or I must be a fool to say that horses with their mouths were only six years old—he said that they were only that, for the one his mistress had bred, and the other she had only had about two years—the horses were then taken into the stable, and I asked him, I believe, what the price was—he said his mistress, Mrs. King, expected a hundred guineas for them; but that I had better see the job-master as to price—he called to George, and told him to fetch his master; he did not mention the job-master's name, but it turned out to be Ward—Ward came down the yard, and I told him, in Mowatt's presence, that I had seen the horses; that I liked the look of them very well, and that the coachman told me they were perfectly quiet in double and single harness—Ward said, "I can assure you that they are both perfectly quiet in double and single harness"—I said it was not for myself that I wanted them, they were for my father; and unless they were quiet 1 would not look at them, nor get him to look at them at any price whatever—he said Mrs. King was an old customer of his; that she had been dealing with him for fourteen or fifteen years, and that was the reason she had sent the horses up to him to be sold—I repeatedly spoke about their being quiet, and he said they were quiet; I might have no doubt about it; that he knew Mrs. King a long time; that she would not ride behind them unless they were perfectly quiet; and she would not permit him to tell a lie about it—I then asked the price—he said that Mrs. King expected a hundred guineas for them; but that he had no doubt she would take eighty, for what with the expense of the horses standing at livery, and the coachman, who must have his "baccy" the same as the rest of them, it cost her very nearly 5l. a week—I said it was useless for me to look at them at that price—" Well, sir, "he said, "I don't think she would take any less; but ladies don't know much about these sort of things"—I again asked him as to their being quiet; "for, "I said, "my father is uncommonly fidgetty, and unless they are perfectly quiet I really would not have them"—he said, "You need be under no apprehension of anything of that sort, sir, for I have known Mrs. King so long; and I can give you a warranty that they are perfectly quiet"—I then asked him to tell me the price he intended to take for them as I would get my father to look at the horses, and if he liked them, I would recommend him to buy them; but as for eighty guineas, that would not do—he said it would be a bad job for him; that Mrs. King had been his customer so long that he should get nothing by having the horses there at that price—he then said, "If you like to have the horses at seventy guineas, and pay me my commission, I think I can get Mrs. King to accept it"—I said, "If I bought the horses, I should buy them outright, without having anything to do with his commission"—he said, "Well, it is a very bad job for me; I shall get nothing out of it"—I said, "I can't help that; if you will tell me the lowest price you will take for them I will get my father to look at them, and see if he will buy them"—he said he thought Mrs. King would not take any less—I said then I could not buy them at that price—he asked what I would give for them—I said, "I believe it is not a usual custom to be buyer and seller too;" I know you men
have generally two prices, an asking price and a selling price; and if you will at once tell me, as I am going to Tattersall's to-day, I shall probably, unless I buy these, meet with a pair there"—he then said if I liked to take them at sixty-five guineas, and pay his commission, I should have them—he said he had been to an omnibus-proprietor, a namesake of his, named Chaplin, who would give him seventy guineas for them immediately; but Mrs. King had left particular orders with the coachman that they were not to be sold unless for private use; that she would not entertain any dealers having them—I then told him that if he would give me the refusal of them at 65l. till three o'clock in the afternoon I would get my father to look at them, as they were for him, and not for myself; and then I would give him an answer whether we would have them or not—this was about half-past eleven, or twelve—I then went away, and returned in about an hour with my father—I found Mowatt and Ward standing against the stable-door—Mowatt opened the door; we went in, and 1 said, "These are the horses"—Bubb was in a box close by, with a Brougham-horse—the horses were brought out—my father entered into conversation with the men—I did not pay attention to what was said; I walked away.
Cross-examined by MR. BALLANTINE. Q. Then the purchase was completed by your father? A. It was—I cannot say that I am a judge of horses; I am very fond of horses—I knew at once that these horses were more than six years old; they did not take me in as to that—I believe it is a standard rule with horse-dealers that whatever age a horse may be, it is six years old off—I went there to exercise my own judgment on the horses—I will not say that I imagined I knew enough of a horse to be able to judge of it—I could not tell whether a horse was quiet, without trying it—the horses were tried afterwards by myself and our coachman—they were put into a van, and we were very glad indeed to take them out again; we were not ab'e to drive them—I did not try them by placing them in both positions—they were tried afterwards by a regular livery-stable keeper—if they had turned out quiet, and done the work that we wanted them to do, we should certainly have kept them—they, kicked and bit, and did everything that was bad, when they were in harness; they backed and reared; one of them came out of the stable very well, the other would not; we were obliged to back him out—the van they were put to was a light van, on steel springs, not a noisy one—there was plenty of room for them; they did not touch; they were very carefully put to—I believed the story about Mrs. King; had it not been for believing that story I would not have bought them at any price—I took a receipt; it is in Court, it states that they were to be returned within a week if not approved of—I had nothing to do with taking the receipt or warranty; my father took it—the prisoner was given into custody on the Friday following, before the week was up—we had certainly not approved of the horses——they were returned on the Saturday—I did not go to the stables; one of the London police did, not by my directions; I gave no directions that the horses should be returned, or that any application should be made to the prisoner to take them back—they were sent to Dixon's for sale—they fetched 33l. 12s.—I gave directions for their sale—I described them as "a brown gelding, "and "ditto;" not as "quiet to ride and drive;" nothing about quietude—they were not described as the property of a gentleman just come off a journey, not with my sanction—I was not at the sale—I did not hear the description read out by anybody, nor see it in the catalogue; I have never seen a catalogue—my father did not tell me anything about the description—I saw Mr. Dixon, and gave him the description—I said I wished a pair of horses
to be sold there—he asked me for the description, and I said, "A brown gelding," and" Ditto"—he said, "Put in 'quiet to ride and drive?'"—I said, "No, certainly not, with my sanction; and what is more I will not have it put in on any account whatever"—he said, "It will not make much difference;" but I said, "I will not have it put in"—it was not Mr. Dixon himself; it was one of his officials—whatever else he choose to put in was without my sanction, and not hinted to me at all—I got 31l. from him, I think, for the sale of the horses—I had something to pay to Mr. Dixon—I am positive what Mowatt said was, that he was servant to Mrs. King, not that he had been—he added that his mistress was going to Jersey, and he wanted to get back as soon as he could, because he did not think he should go to Jersey with her—I am positive he did not say that he had left in consequence of his mistress going to Jersey—if he had said so I should have suspected something directly, with regard to the horses—I sent them to Dixon's on the Wednesday week, the 15th—I believe notice of the sale was given to Mowatt, but I do not know anything about that.
MR. CLARKSON. Q. Who went to the stables on the Saturday? A. I did, and one of the City police; that was the Saturday after the Monday—we went to stable, No. 28, and found they had all gone away—the prisoner was taken into custody on the Friday—we have never succeeded in taking Ward—Mowatt was admitted to bail on the Saturday morning; it was after that that I went to the stable—Mr. Humphreys, our solicitor, stated publicly before the Magistrate, in Mowatt's hearing, that we should return the horses that day—we went to the stable, I should say, two hours after, if not more, about five o'clock—we found neither Ward, Mowatt, or Bubb, or any one to represent them—the bail had been accepted full two hours before I went to the stable—I did not see the bail entered into—the horses were sold on the Friday week, 17th Nov.
JAMES BEDEL . I am a land-agent and valuer, of Gresham-street, and have a country place, Broomfield Lodge, near Chelmsford. On 6th Nov., in consequence of seeing this advertisement in the Times, I went to Turk's Head Mews, or Harley-street Mews, and saw Mowatt, Ward, and Bubb—the horses were brought out, and stood side by side—I looked at them, and said I understood they were more than six years old, but I did not care about that so long as they were quiet—Mowatt then stated that he was coachman to Mrs. King, of Eastbourne, Sussex, that she bred one of the horses, that he had driven them together two or three years, and I might depend upon them being perfectly quiet—I had them walked down the yard—Mowatt said he had driven them with a snaffle on the top—I said, "I suppose you mean you drove them with a curb bit on the cheek—he said, "Yes," and that he had constantly driven them, and that the last journey was with his mistress from Eastbourne to Bromley, and they came up extremely well; and that when his master was alive he used to drive the larger horse in single harness, he was a capital horse in single harness, and he always drove him with a snaffle bit—I said that what I was particularly anxious about was, the horses being quiet, and he repeated several times his having driven them together, as Mrs. King's coachman, and he always rode the larger horse when he rode post—some converstation occurred about the price, and he referred me to Ward, and said, "The job-master will talk to you about the price," pointing to Ward, who was standing by—Mowatt said that he was very anxious indeed to get rid of the horses, because he was there at considerable expense, and his mistress was very anxious for him to get back, as she was going to Jersey, and wanted the horses sold, and if sold he should go back that night—I then had some conversation
with Ward about the price, and he asked me seventy guineas—I said I could not give that price—Mowatt, who was standing by, then came up to me, and said, "What has he asked you?"—I said, "Seventy guineas"—he said, "I don't think my mistress will accept that price"—I was then walking up the yard towards the cab, which was waiting for me in Harley-street—Ward and Mowatt were walking with me, talking about the price, and Ward said, in Mowatt's hearing, he would take sixty-five guineas for them if I would pay his expenses, for that Mrs. King was a very old customer of his, and he could not charge her anything for the standing of the horses, and he should get nothing unless I gave him something—I told him I could have nothing at all to do with his commission, and as I was getting into the cab I said I would give him 60l. for the horses—he and Mowatt were standing together—Ward said he could not take that price, and after some more conversation, he still recommending the horses as a pair most likely to suit me, the cab drove on—in going along Harley-street, in consequence of some conversation with my son, we turned round, and came to the end of the yard in the cab—Ward and Mowatt were standing together at the corner—Ward came to the cab-door, and I said, "I think the horses will suit me in consequence of what you say, and I am induced to offer you 65l. to include everything, if you will deliver them at the Eastern Counties station this afternoon"—he said I must give him something for himself, for he had no other chance of getting anything—I said, "No, I shall not do that," and I called out to the cab man to go on—he then said, "Stop a minute"—Ward then went to Mowatt, who was standing two or three steps from him, and be came back and said I should have the horses—I then said to Mowatt," Of course you will lend me the cloths and bridles to take the horses down to the railway, and I will return them to-morrow"—he nodded assent—Ward came from Mowatt to the cab-door, and said, "You must give me something to bind the bargain—I gave him a sovereign, and drove away, having previously arranged that he was to be at my office, in Gresham-street, a little before four o'clock, and that the horses were to be sent at five o'clock to the Eastern Counties Railway station—I then went away, and got back to the office about a quarter to four—I found Ward there—I took out my check-book to draw a check—Ward said a check was of no use to him, because the bank would be closed, and he could not get the money—I said I had not the money by me, and after talking for two or three minutes I said, "Well, if you will be at the railway station at five o'clock, I will endeavour to get the check changed, so as to give you the money"—at five o'clock I went to the railway station, where I saw Ward—he wished me to pay him—I said, "Where are the horses?"—he said they would be there in a minute or two—I replied I should like to see them first, and in the course of a few minutes they came into the yard—a horse-box was got ready—I then went into the waiting-room, and paid Ward four sovereigns, having given him one before, and six 10l. Bank of England notes—he again pressed me very much to give him something for himself, saying I must give him something to get a new hat, that he should get nothing for the keep of the horses, repeating what he had said before—I gave him no answer, but walked out where the horse-box was—he followed me—I found them taking the cloths off the horses—I remonstrated, and Bubb then stated that he was ordered not to leave the cloths or bridles—in a minute or two afterwards Bubb came to me, and wanted something for bringing the horses—I said, "No; as I have been deceived about the clothing, I will not give any of you a screw, " I think was the observation—I then went down by the train—the horses were taken out
at Chelmsford that evening—Ward gave me this receipt at the time I paid him—(read)—"London, Nov. 6, 1848. Received of J. Bedel, Esq., the sum of 65l., for a pair of brown geldings, warranted sound, quiet to ride, and quiet in double and single harness; the horses to be returned within one week from this date, if not approved of. GEORGE WARD." The horses got into my stable at Broomfield that night—I went to see them taken out next morning, and directed my coachman to put the harness on—they were put to a spring van which I keep, and in which I always drive horses before I put them to my carriage—one of the horses came out of the stable very well—the large one we could not get out; we had considerable trouble with it, and we were at last obliged to back him out—after considerable difficulty we put the horses to the van—they appeared to be unaccustomed to be put to harness—my coachman and my son got on the box, and we tried to make them go forward, but they were very unwilling to do so, but after pushing at the wheel, and pushing behind, they sometimes rearing, and sometimes backing, and sometimes going a step or two forward, we got them out of the gates into the road—they still kept on doing the same, and after they had got about fifteen or twenty yards, one of them kicked very viciously—I had not given them too much beans; I had none in my stable—they bit one another very much in going through the yard—they were evidently unaccustomed to each other, and, I think, to harness—I did not take any care as to which side I put them in, or change them—as soon as I found they would not go forward, but kicked and reared, I had them taken out—I never tried them in the carriage—that was the only experiment I personally made with them—they were tried subsequently—I came up to London, and communicated with the police—I did not go to the stable—I attended before the Magistrate on the Saturday—at the time I parted with my money I believed the horses were the property of Mrs. King, that she had bred one and bought the other, and that Mowatt was her coachman, and that the horses were sent up to Ward, the job-master, for the purpose of selling them.
Cross-examined. Q. Did you pay the money before you took the receipt? A. No, I laid it on the table—Ward was going to take it up—I put my hand on it and said, "Let me have the receipt, if you please"—he then handed me the receipt, and I took my hand off the money, and he took it—I should not have parted with the money without a receipt—I had looked at the receipt—I knew its contents—I would not swear that I read it before I received it—when he took the money I took up the receipt and read it—I saw the words," to be returned within one week if not approved of" at the time he had the money, if I did not before; I did before we parted certainly—that was not an undertaking that I had insisted upon; it was offered by Ward—he stated it—it was that, joined to the fact that I believed the horses to have been driven together, and to have been the property of Mrs. King. and to be quiet, that induced me to buy them—I was glad to have the opportunity of returning them within a week if they did not suit me—it was an element in the case certainly—I ordered the horses to be sent to Dixon's for sale—they were net sent as the property of a gentleman—they were not, to my knowledge, sold as the property of a gentleman just come to London—the person who sold them is not here, to my knowledge—I was not at the sale—I have the auctioneer's return of the price they fetched—I was not offered the whole of the money back—a note was left at my office without being dated from any place, and with a signature which I could not read—this is it—(produced)—it was forwarded to me at Broomfield by my clerk, about the middle of the same day—it is dated, Monday, 13th—I did not see any
parties after that who offered me the money—I consulted my solicitor; "but the letter being dated from nowhere, and being signed by nobody, I could not sec what we could do with it—this is the letter—(read)—"I have received this morning a communication from Mr. Ward, wherein he instructs me to return you the 65l., according to agreement as per receipt given to you for the horses, in case you should not approve of them. Your clerk informs me that you will not be in town till to-morrow, therefore any time between eleven and four o'clock to-morrow, Tuesday, you can have your money returned by sending the horses to the stable in Harley-street"—I believe my clerk did see the person—I did not send the horses to the stable on the Monday—I did on the Saturday, but not after receiving the letter—I believe it was a fact that I was not likely to be in town on Monday—I am an auctioneer—we do not always give a literal account of the matters we have to sell, but we do not deceive—some persons give a much more picturesque description of the property they have to sell than others—I am not poetical, and do not keep a poet.
MR. CLARKSON. Q. Did you explain to the Magistrate that you had received that letter? A. Yes, on the Saturday following—I never gave authority to the auctioneer to misrepresent the facts with reference to these horses, and I do not believe it was done—I received 31l. from Mr. Dixon—they were sold on Friday, 24th.
Cross-examined. Q. What day of the week was it? A. On the Thursday, about twelve o'clock in the day—I believe the horses were sold nest day—I did not give any description of the horses—(The notice being read, was that the horses would he sold at Dixon's repository by public auction on 24th Nov., by order of Mr. Bedel.)
GEORGE TREW (City policeman, 26). In consequence of Mr. Bedel's direction I went down to Eastbourne on Wednesday, 8th Nov.—I made inquiry at the post-office, and all other places I could think of, for a Mrs. King—I found no widow lady of that name who kept horses or a carriage, only a poor woman, the widow of a carpenter.
Cross-examined. Q. Where did you inquire? A. At the post-office, public, and private houses—Eastbourne is on the coast—it is a straggling; place—I went all over the place—it is about a mile from the Church to the sea-houses—I was not offered the money—I went into a public-house in Harley-street on other business, and a man named Davis there said he had been waiting there with the money—he did not show me any—I did not ask him.
GEORGE COOK . I am post-master of Eastbourne, and have been so seventeen years. I do not know a widow lady named King residing there about Oct. or Nov. last, or at this time—there is a poor woman of that name, but no person keeping carriages, or horses, or a coachman—I never knew any one there of that name having horses—I never saw Mowatt, to my knowledge.
HENRY TURNER . I am a veterinary surgeon, living at Walthamstow. I have seen these two horses—the large one was unsound—it is a roarer—roaring is a disease in the upper part of the trachea, consisting of a deposition of coagulal lymph, which is as an impediment in the act of respiration, causing a noise that we hear on these occasion—it is an imperfect breathing.
Cross-examined. Q. And being a noise you call it roaring? A. Yes—it is not a very disagreeable thing to listen to—we should detect it there and then—I call roaring decided unsoundness.
MR. CLARKSON. Q. Would a horse be able to perform the ordinary duties of a horse that was a confirmed roarer? A. No—this was a confirmed roarer.
GEORGE SMITH . I am a livery-stable keeper, and have stables in Harley-street-mews, North. I have known Mowatt several years—I never knew him as coachman to a Mrs. King, of Eastbourne—he has been a publican—during"—the last two or three months he has had stables down in the mews with a man named Pywell—he quitted them on 16th Aug.—he was away for about two months, and then came again after he was shut up somewhere—while he had the stables he came there every day, except Sunday.
Cross-examined. Q. Have you seen these horses that were sold? A. Yes—I have ridden them both—they go very well—they were quiet to ride—I have not driven them—I have seen them driven—one kicks a little at times—the other appears quite quiet—they seemed to go comfortably together at times.
COURT. Q. What did they do at other times? A. They might stand still a little before they start—when they did go they went very well at times—I cannot say that I have seen any biting or rearing about them—I only saw them one day together; that is some months ago, about Aug.—they were put in a break, and went very comfortably—they were with me then—I cannot say whose they were—Pywell sent one to me, and I believe Mr. King sent another—Mr. King is a gentleman that lives over the water, I believe in the London-road way, down at Lambeth—I do not know the place—I know him when I see him—I have seen him—he has come to my place sometimes with Mowatt.
JAMES PUTTOCK . I am agent to the owner of the stable, 28, Harleymews, North. I know Mowatt—I let him that stable—he took possession on 15th Aug.—he quitted either on 16th or 17th Nov.—I did not know him before—he did not tell me what he was—he said he wanted the stable to put some horses in.
(MR. BALLANTINE contended that the indictment was imperfect, inasmuch as all the false pretences were not set forth, the advertisement and receipt being mitted. See The King v. Pywell, 1 Starkey, 402; The King v. Perratt, 2 Maule & Selwyn, 379; and The Queen v. Kenrick, 5 Queen's Bench Reports (the latter referred to by Mr. Clarkson). The COURT did not consider it necessary that the advertisement and receipt should have been set out, there being no proof that they were pretences used, but it was a question for the Jury whether the prosecutor parted with his money on the faith of the receipt, or in consequence of the pretences alleged.)
GUILTY .— Confined One Year.
NEW COURT.—Monday, December 18th, 1848.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
GUILTY . Aged 54.— Confined three Months.
GUILTY . Aged 50.— Confined Four Months.
GUILTY . Aged 12.— Confined Six Months.
FREDERICK SAMUEL CLEAVER . I live in Red Lion-square, and am a wholesale perfumer—the prisoner was in my service—I deal for tin-foil with Hemsley and Simpson—I allow the cuttings of the tin-foil as perquisites to Charters and Swan, who are in my employ—they collect the waste till it accumulates, and then sell it—I have seen the tin-foil produced—it is not such as goes by the way of waste or cuttings—this has been cut out of sheets—it has not been used—there is no mark on it, but we have put the pieces together, and they make a sheet of the same size as we are in the habit of having from Hemsley and Simpson—it is just the same as we use—the prisoner has worked for me three years—it is no part of his business to cut up tin-foil—he had no business with it at all—I went to Hemsley and Simpson and saw the prisoner there—I asked him who was connected with him—I did not tell him he had better tell all that he knew; that was a subsequent remark—I gave him no promise till he told me what he did—I asked him how many times he had brought tin-foil there for sale—he said, "Once or twice"—I then appealed to those present, and the reply from them was, "Upwards of a dozen times"—the prisoner replied he did not think it was so many times as that—I then asked him what room he took it from—he said, "From James's room"—I asked him if he took it out of the cupboard—he said he did not, he took it from off the top of the cupboard, and off the counter—I asked him what he cut it with—he said, "A pair of scissors."
Cross-examined by MR. PAYNE. Q. You fancied somebody must have led him into it? A. Having Several persons in my employ, I fancied some one might be connected with it—I put these pieces together, and they formed a sheet—the prisoner is a good working lad when he is looked after—I have had him altogether about four years; the last time for about two years—he was with me about two years the first time, and then was away three or four months.
JAMES CHARTERS . I am in the prosecutor's employ. I have the perquisites of the tin-foil—this that is produced is not waste or cuttings—I never told the prisoner to sell any for me—this is the same sort that my master uses.
Cross-examined. Q. This is bought at Messrs. Hemsley's? A. Yes—I sell my cuttings there at 9d. or 10d. a pound.
JOHN MUILLINS . I am in the service of Messrs. Hemsley and Simpson. The prisoner used to come to our shop, and brought foil—he brought this bundle of foil to me—he said he had brought some waste—I took it into the counting-house to my master—I told the prisoner to sit down and we would
send to Mr. Cleaver's, to see if it was right—Mr. Simpson went to Mr. Cleaver, and he came back with Mr. Simpson—Mr. Simpson spoke to the prisoner—I do not know what he said—Mr. Cleaver then spoke to the prisoner—we sell this foil at 2s. a pound.
Cross-examined. Q. You give 10d. for it back again? A. Yes, if it is clean—I heard Mr. Cleaver say he had better speak the truth—he said that before he told him anything.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Jury.— Confined Three Months.
JAMES RENNIE . On 3rd Dec., about a quarter-past nine o'clock at night, I was walking near the post-office, in St. Martin's-le-grand—I fell something at my pocket, and missed my handkerchief—I turned and" saw King close behind me—he passed the handkerchief to Cavagan, who was behind him, and when he saw that I had hold of King, he threw the handkerchief within the rails of the post-office—I took it, followed Cavanagh, and took him—I gave both the prisoners into custody—this is my handkerchief (produced).
Cavagan's Defence. I was walking along the pavement, and the gentleman came and laid hold of me; I had never seen the handkerchief till I saw him pick it up.
KING— GUILTY . CAVAGAN— GUILTY .— Confined Six Months.
JAMES CROWTHER . I live in Nelson-street, Bethnal-green—I mind the butcher's carts at Newgate-market. On the 13th Dec, about twenty minutes before eight o'clock. I was there minding the carts—I saw the prisoner taking away on his shoulder a piece of beef which I had helped Mr. Bulien's young man to put into his cart about ten minutes before—the prisoner had got about seven carts off with it—I stopped him, and said, "Where did you get that piece of beef?"—he said, "What is that to you"—he threw it down on a cart and said, "There is your beef, what more do you want?"—I took the beef on my shoulder, and ran after him, and gave him in charge—I am sure he is the man.
GEORGE DINNYER . I am in the employ of Mr. Waiss, a butcher, of Goswell-street. About twenty minutes before eight o'clock that morning I was carrying a load of meat in King Edward-street—I saw the prisoner with a loin of beef on his shoulder—I heard Crowther speak to him—the prisoner said, "What is that to do with you?" and he threw down the beef and ran away.
WILLIAM JAMES BAILEY (City-policeman, 271). I stopped the prisoner—I told him he was wanted—he said, "You have made a mistake; I am the wrong man; I know nothing about any beef"—I took him and the beef."
Prisoner. I am not the party.
GUILTY . Aged 40.— Confined Three Months.
FREDERICK ANDRE . I live with my father, Phorien Andre, a tobacconist, in Hammersmith. On 30th Nov., about ten o'clock in the morning, I was standing at the parlour window at the back of the shop—I saw the three prisoners talking together outside, close against the shop window, for about ten minutes—I then saw Kirk come into the shop—he leaned across the counter, and pulled the till half-out—he then raised himself up, and looked at the other prisoners who made signs to him, and he laid across the counter again, and took the till quite out—he was going out with it—I ran out—he threw the till on the counter, knocked me back, and ran out, and they all three ran off—I ran after them, and Fitzgerald turned, and said, "Give that b----r something"—I knew the prisoners by sight, and can swear they are the boys.
ELIZABETH CAROLINE ANDRE . I am the sister'of the last witness. About ten o'clock in the morning, of 30th Nov., I saw the three prisoners—they had been in the shop several times before for halfpenny-worths of tobacco—I saw Kirk come into the shop, and take the till out—he threw it on the counter, and went out—my brother went to stop him, and he struck him—I went to him, and he struck at me, and got out, and the three ran away together—I am quite sure the prisoners are the persons—there was 3s. in the till.
Kirk's Defence. It is all false.
Fitzgerald's Defence. I was coming home, and this boy ran out, and said, "Stop thief!" a gentleman caught us, and gave us into custody.
KIRK— GUILTY . Aged 15.
FITZGERALD— GUILTY . Aged 16.
HENSOR— GUILTY . Aged 16.
Confined Six Months.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 25.— Confined Four Months.
Prisoner. Q. How often have you seen me in your house? A. A number of times—you have frequented my house the last six months, and robbed me every time—I have lost a great many pots and measures, and knives and forks, and glasses.
ELIZABETH STREET . I am bar-maid at the White Swan, in Temple-street. I have seen the prisoner there, not as a customer, but coming in, and looking round, and inquiring for persons—I was induced to watch him—he came in about half-past nine o'clock in the morning of the 9th Dec.—he went into the tap-room, the door of which closes of itself—I went into the passage, and opened the door a little way—I saw him distinctly take a knife off the table,
and put it out of sight behind him—I went into the room, and took hold of him—I said he should not leave the house; he said he would—he threw the knife down, and said he was not going to take the knife away—I called for Mr. Procter.
Prisoner. Q. Did you not swear that I put it into my pocket? A. I did not, I said you put it under your coat—I will not swear whether you put it into your pocket.
COURT. Q. Did you not say, "He took a knife from the table, and put it into his pocket?" A. I said he put it either into his pocket or under his coat—I took hold of him, and said, "You shall not leave the house; you have swindled me out of two pints of beer."
Prisoner' Defence. I knocked on the table; she came in; I said, "Bring me a pint of beer;" she said, "You are not going to take that knife;" I said I was not going to take it; I had both silver and coppers in my pocket, it was not likely that I was going to take a paltry knife; I have no pocket in my coat; I threw the knife on the table, and said I did not want it.
NOT GUILTY .
OLD COURT.—Tuesday, 19th December, 1848.
PRESENT—Sir JOHN PIRIE, Bart., Ald.; Mr. RECORDER; and Mr. Ald. SALOMONS.
Before Mr. Recorder and the Second Jury.
MR. ROBINSON conducted the Prosecution.
MR. SAMUEL ROBERT GOODMAN . I am clerk at the Mansion-house. I recollect a charge being made by the prisoner against Vincente Perez—I have here the evidence that was given—reads—" Nelson Grant, 253, of the Metropolitan police, says, "At a quarter to seven o'clock last night, I was passing through the Old Change, a gentleman told me a man was trying to sell stolen property; I went into a public-house, and saw the prisoner there offering to sell a box of cigars; I asked him how he came by them; he said he had no license to sell these goods—afterwards I searched his room, and found two boxes more of the same sort of cigars; he said, 'Very cheap, very cheap, will you buy V I did not understand all he said"—the defendant was sworn.
Cross-examined by Mr. Ballantine. Q. And I presume he gave his evidence in the ordinary manner on oath, orally? A. He did—Perez spoke so badly that nobody could understand him—he spoke quite as a foreigner—there were several foreigners in the Court at the time, and they seemed to be taking a great interest for Perez, and there was great confusion—they did not understand the rules of the Court—he did not sign his deposition.
VINCENTE PEREZ (through an interpreter). I can speak English a little, but do not understand it—I am in the employ of Mr. Newton, a cigar manufacturer, of Friday-street, Cheapside—I never sell goods but to my friends, who go either to my house, or to the manufactory to give the order—I know Mr. Alfred Lee—I recollect his calling at my house, on."31st Oct. for 1lb. of cigars—the cigars were not there—Mr. Lee told me to take them to my own house, and after his business he would call at seven o'clock next evening for them—I got the cigars next day and a bill from Mr. Newton's manufactory—Mr. Lee called for them on the evening of 1st Nov.—the price was 9s.—
he paid me four half-crowns at the door of my house—I had not got change, and we went to a public-house close by to get change—Mr. Lee, me, and Mr. and Mrs. Pocock, were in the house—Mr. Pocock is the landlord—I got the change, and handed it to him—in about five minutes the prisoner came in with two other persons—I knew one of them—Grant asked for a quartern of gin, he handed me a glass; he is a policeman, and was in plain clothes—I took the gin, and in return gave him a cigar, and then I ordered a quartern of gin, and handed Grant a glass—Grant then addressed Lee, and asked if he wanted to see the cigars—they were then in a box on the counter—the box was shut—it was not opened before we went into the public-house—my house is six or eight steps from the public-house—I asked the girl of the house for a knife to open the box—I opened it, and then Mr. Lee smelt them—I shut the box, and Grant asked me where they were from—I said they were from Mr. Newton's—Grant said they were not Mr. Newton's, they were foreigners, and asked me to—whom they belonged—I answered they came from my master's for Mr. Lee—Grant called Mr. Lee into a corner, and told him I had been for five years the greatest smuggler or contrabandist in England—Grant told Mr. Lee that the cigars were stolen; that a man in the street had told him so—he did not mention who—Mr. Lee went away—Grant told me that Mr. Lee was the principal reporter or spy in London, and he said the same to the landlady—I was then going, and Grant asked me where I was going—I said to my house—Grant saw the bill with Mr. Newton's name to it—he, and another policeman in plain clothes, went with me to my house, and as soon as we got in another person, named Parker, came in—they shut the door—they took the keys from the door and handed them to the policeman Healey, who was in plain clothes—they searched my bouse, and stopped more than two hours—I handed the bills I had to the defendant, and he said they were good for nothing—he then handed them to Healey, who told me immediately to put them into the fire—I cannot say properly in English what Healey said to me, but he held my hand, in order to put the papers into the fire, and said, "You put these in the fire"—I said I did not understand what he said—the prisoner was by my side at the time Healey said this, and by the side of my wife—I took the bills and put them on the table, and would not put them on the fire—Grant said to my wife that the papers were good for nothing—he told us immediately that we should hold our tongues, and not to speak—he spoke to me when Healey told me to put the papers in the fire, but I did not understand what he said to me—my wife understood—she is an Englishwoman—I understood when Healey told me to throw them into the fire, and also when Grant told me to keep silent; but he spoke to the ear to Healey alone afterwards, and then Healey came back to me with the same papers to insist again to throw them into the fire—they searched my room, and took away three boxes of cigars, of which I have the bill—this is it (produced)—it is the bill I showed to the policeman in the public-house—the cigars are called Espartero cigars, because we made some in the manufactory for General Espartero, and they gave them that name—" Cavanahs" is a name given to cigars as if they were foreign—the bills were made out as purchased by me—the cigars Mr. Lee had are not here, I have smoked them—the police took the cigars, and the other effects of the house, and put them together in a cab. and took me and my wife prisoners—Parker and Healey went outside the cab, and Grant, I and my wife inside—they took me out of the City through the Strand—my house is 29, Old Fish-street, in the City—they stopped the cab in the Strand, and we were taken back to a station in the City and shut up.
COURT. Q. Had you a licence? A. I do not sell cigars to anybody—I have no licence, because I sell nothing—I was not asked in the public-house whether I had a licence—I was not asked that anywhere—I told the policeman that they were the cigars of Mr. Newton—I was not then asked whether I had a licence.
WILLIAM NEWNHAM (City policeman, 67). I was the sergeant on duty at Garlick-hill station, about ten o'clock on this night—I was not in the charge-room at the moment Perez and his wife were brought in—I saw them after they were in custody—I heard the charge made of hawking goods without a licence—that charge was entered in the book—they must have been in the room about five minutes before I came in—(the charge being read, was for selling a quantity of cigars and tobacco, not being duly licensed)—they were bailed immediately—at the time I entered the charge-room Perez's wife was standing in the dock with him, but she was directed by the Inspector to stand down—the Inspector is not here—he has not been subpœnaed, I have—I heard Grant say that when he first saw them he suspected the goods were stolen—it is the ordinary course to enter charges in this book—we first hear the circumstances, and the charge to be made before the Magistrate is the one entered.
VINCENTE PEREZ re-examined. I was bailed out and went away—I was taken next day before the Lord Mayor—the defendant made a statement and I was discharged—I never saw him before I saw him in the public-house—I never said in his presence, "Very cheap, will you buy?"
Cross-examined by MR. BALLAMTNE. Q. Have you any attorney or lawyer in this case? A. A man who has made the case; I do not remember his name—it is Johnson—I am called "Vincente" in the manufactory, but "Perez" was my father's name—I use both names—these bills are made out in the name of "Vincente," because they always put that name; they do not put the two.
WILLIAM HENRY PARKER . I am a pocket-book maker, and live in Little Distaff-lane, City. I know the defendant—I saw him on 1st Nov., between four and five o'clock in the afternoon, at the King's Head, in Old Change—his brother-constable, Edward Healey, was with him—they went down into the skittle-ground, and played at skittles there, about three hours—I went with them, but neither Grant nor I played—I remained there till seven o'clock—I was in Grant's company the whole of that time—he, I, and Healey then went over to the Crown and Sceptre, which is kept by Healey's brother; it is only seven or eight yards from the King's Head—we there saw Perez and Lee—I went with Grant and Healey from one house to the other—there was nobody in the street at the time—Healey called for a quartern of gin and two cheroots; one I had and one Healey had, and he poured out a glass of gin for Grant, who directly gave it to Perez—he drank it, and he in return put his hand in his pocket, and gave Grant a cigar—about a minute or two after, Perez asked for a knife, in his broken way of speaking English—the landlady gave it him—he untied a brown paper parcel, containing a box of cigars—no one had any cigars out of the box—he said they were good—they were folded up again, and the box remained on the counter—a minute or two after, Grant called Lee on one side; I did not hear what he said, but Lee left within two or three minutes, leaving the cigars—Perez then took the box of cigars under his arm, and was about to leave the house, when Grant placed his hand on his shoulder, and said he was his prisoner, and asked where he was going—he said, "Me do no wrong, me do no wrong; my master's goods"—Grant then went with him to his house—I went about ten
minutes afterwards with Healey—the policemen began to search the house—I was detained by Grant as a witness, to take particular notice what things he took away—I had seen him once before that day—I saw some bills found in a box—Grant said, "What, more master's bills? you had better burn them, they will only go hard against you"—I am sure it was Grant that said that—Perez said, "Me no burn"—Grant handed the bills to Healey, and Healey put them into Perez's hande—nothing further was said—I did not hear Healey say or do any thing—I was in the room the whole time they were—I then went for a cab with young Healey—we went over Waterloo-bridge—Grant then hallooed out of the window, to know the nearest station to where this occurred; I said, "Garlick-hill"—Garlick-hill is about a minute's walk from the Crown and Sceptre—I heard the charge made by the defendant at the station—he said, as he was passing from Cheapside down Old Change, a tall stout gentleman stopped him, and said there was a party in the Crown and Sceptre selling stolen property—Perez then placed the bills in the inspector's hands—the inspector said they alluded to the property that was taken—Perez spoke such broken English that very few parties could understand him—the inspector said he could not take it as a charge of felony, and asked what charge he would prefer against him—he said, "Selling goods without a licence"—the inspector asked if he had any witnesses; he said, his brother-constable—an excise officer was sent for—he came and looked at the tobacco and cigars—he said they were English make, and there was no case for him at all—he was then bailed, and went before the Magistrate next morning.
Cross-examined, Q. Did you ever go by the name of Johnson? A. Never—I know a person named Johnson, who is here, or was here this morning—I cannot inform you what he is, I believe he is a solicitor's clerk—I cannot say that I have been about with him—I cannot inform you what solicitor he is clerk to—I believe he is conducting this prosecution—I did not employ him—I believe he is clerk to a gentleman residing at Walworth—I never saw him at Walworth—I did not send him to the defendant's house—I did not know of his going—that is Johnson (pointing him out—Johnson was here ordered to leave the Court, MR. ROBINSON stating that he should call him)—he did not go to the defendant's house to my knowledge—I am perfectly aware that he has seen him, but I never sent him to his house—I believe ho went to see him on this case—I do not know that Perez knew of his going—I did not know of his going to the defendant, or seeing him, only on the day that bail was procured—I knew the evening before that he was going—I believe he went on a warrant from the Old Bailey—I never went with him to the defendant's house to my knowledge; I never went into the house—I did not go with him to the house that I remember—I know where the defendant lives—I cannot say the name of the street—it is in Westminster—I waited in the street while Johnson went in—I walked up and down past the door—I did not forget that—we went with a warrant from the Old Bailey; I believe, to take him into custody was the purport of it—we went with a constable from one of the stations, sent by the Magistrate—he went inside with Johnson—I do not know his name—that was the only time I went with Johnson—I did not know of his going at any other time—I never sent him to make an arrangement—I never knew of any arrangement being proposed, nor any money—I never heard a word about it—I did not know that the defendant was a married man until after I had been to the house—Johnson told me so that day, after he had been—I have not seen Johnson at any attorney's office, except at 14, Clifford's-inn—I do not know who lives there—I never took any particular notice of what
name was on the door—I went there to see Johnson on this case—he lives on the second-floor—there was no name on the door, as I perceived—I do not know that he was practising there as an attorney—I did not introduce him to Perez—I knew him through meeting him at the Crown and Sceptre—he was there many times along with a friend of mine, named Mellish—I have known Perez about twelve months—I have bought things of him—eight or ten quarters of pounds of snuff, not tobacco or cigars—I have ordered the snuff one day, and he has brought it the next—(looking at a paper produced by Mr. Ballantine) this looks to me like Johnson's handwriting—I could not swear it was his, it looks somewhat like it—it is something after his style—I have not had an opportunity of seeing much of his writing—it is something similar to what I have seen of his, I could not positively say it was his—I do not believe it to be his handwriting—it is something similar to the writing I have seen of his, but I do not believe it to be his—I believe it not to be his—I could not say otherwise, if I told the truth—I did not see him write it to my knowledge—his address is "Mr. Johnson, 14, Clifford's-inn, Fetter-lane; second floor"—I have never been there but once—this was not a memorandum given to me (looking at another paper)—I do not know whose writing this is—I have never to my knowledge seen Mr. Skinner, of 8, Apollo-buildings, Walworth-road—I believe he is Johnson's master; so I have been given to understand—when we came over from the skittle-ground, I did not go first into the public-house—we all went in together—that I swear. Court. Q. How many persons were there in the skittle-ground? A. I should Say from fourteen to sixteen or eighteen—nearly all of them were known to me—I was in conversation with them—our party left the skittle-ground rather abruptly—we went up to the bar after leaving the skittle-ground, and had a quartern of gin—we did not leave abruptly—we left there and went to the other house, because Healey was in the habit of going there before he went into the police, and he went to see Pocock—I and Grant went with Healey because he was an old companion of mine for three or four years past, and I had not seen him for some time—we went over to have a parting quartern of gin before they went on duty—they were not on duty at that time—Healey was in private clothes—I was sitting beside Grant in the skittle-ground the whole time—we were in the ground from between four and five o'clock till nearly seven—we moved and walked about, and were in conversation—I conversed with other persons, and so did he—we all went direct from one house to the other.
ALFRED LEE . I am an export-oilman. On 31st Oct. I called at Perez's lodging, about seven o'clock in the evening, and asked him for a box of cigars—he said he had not got them then, the warehouse was closed; and if I called next evening, at seven, I could have them—I went at seven next evening, and gave him four half-crowns—he went up stairs to put his coat on, and said he would come out and give me change—I knew that the cigars came from Mr. Newton's—I had bought several boxes of him before—I have never been to Mr. Newton's—I did not like walking about the street, and I went round to the" Crown and Sceptre for some few minutes—Perez came there, and put the cigars down on the counter at the bar—I had given Perez the four half-crowns, and he was to give me a shilling change—he brought in the box of cigars, and gave me ls.—he asked me if I should like to look at them—I said, "Yes," and he opened the box, and said they were good—I was present when the defendant came in—the first thing he did was to come up and ask Perez if he had a license for selling those cigars.—Perez answered as well as he could that he was selling them fur his employer, Mr. Newton—he did
not say whether he had a license or not, in my presence—he said, "I am selling them for Mr. Newton."
COURT. Q. Did he say, "No, I am selling them for Mr. Newton?" A. I did not hear him use the word "No;" he might have said so, but I do not exactly recollect that particular word.
MR. ROBINSON. Q. Did he give you a bill? A. Yes, headed with Mr. Newton's name—there are three articles in that bill—the box of cigars was mine—I went away shortly after that and left the cigars on the counter, the defendant called me on one side, and asked how lons I had known Perez—I said, "Some little time, through a friend"—he then said he was either a great smuggler, or a notorious smuggler, and he had been on the lookout for him for some time—Perez did not offer me the cigars for sale, in any other way than opening the box, and pointing them out to me—there was nobody there but me, and I had bought and paid for them previously—I smelt them, and he said, "Good"—I did not hear him say, "Very cheap, very cheap, will you buy?"—these were English cigars—cigars are made in England, and have foreign names given to them.
Cross-examined. Q. I suppose these cigars were for your customers? A. I am not in the cigar line; they were for my private smoking—(looking at a paper)—I cannot say whose writing this is—I know a young man named Johnson that has been connected with this case—I was introduced to him as being the solicitor—I have been given to understand that he is a solicitor—I never saw him before I was introduced to him to give my evidence to him.
COURT. Q. How did Perez open the box of cigars? A. I believe with a penknife—he brought them in tied up—they were not opened till he brought them there, though I had paid for them before at his own door—Mr. Pocock was not present, Mrs. Pocock was—the first thing the defendant said was, "Have you a license for selling these cigars?" and the answer was that he was selling them for Mr. Newton—I understood that a person selling for his master did not require a license—his answer was, "No, I have not a license, because I am selling them for Mr. Newton"—that was his answer, to the best of my recollection.
HENRY STOREY . I was in the skittle-ground of the King's Head, Old Change, on 1st Nov.—I went in about four o'clock with Healey and Grant—I remained there about three hours, and was in the skittle-ground the whole time—Grant was there the whole time—I did not keep my eye on him all the time, but I do not think he was out of the ground—Grant and I left as nearly together as possible; I was four or five yards from him—he wished me good-day, and I followed him from the bar to the door, and saw him pass on to the opposite side and go in—we had been having a parting glass between three or four of us—we had been in conversation at the bar about a quarter of an hour or twenty minutes—while I was with him nobody told him that there was somebody in a public-house selling stolen property—I swear that for that quarter of an hour no one said so to him—there was not a soul in the place, and had not been for ten minutes—there were several persons in the skittle-ground—I sat next him on one side; I do not know who sat on the other
Cross-examined. Q. Did you play a game of skittles? A. I did—I did not see him play; I only sat by his side for about three-quarters of an hour—he was sitting by himself—there might have been a dozen persons in the ground; only four were playing—while I was playing, Grant sat on a bench on my left—I will not undertake to say that he did not speak to any one else
—I do not think any one spoke to him—I most likely kept my eye on the game.
WILLIAM THOMAS POCOCK. I keep the Crown and Sceptre. On the evening of 1st Nov. I went to Perez's house—I did not see the search that took place; they would not let me in till the had done searching—I saw the hills produced tor the goods that they took away; nothing was said about them in my presence—I was at the police-station afterwards—I did not hear any statement or charge made by the defendant; I was too late—I had gone to fetch Perez's master, Mr. Newton.
Cross-examined. Q. Did Johnson say any thing to you just now, outside the Court? A. To me, Sir? no, I do not recollect—he has not spoken to me within the last five minutes, not about this business—I can hardly recollect what he said—he did not say, "Pocock, you must be sure;" I swear that—I think the words he made use of were, that if I was asked respecting the solicitor, it was Mr. Skinner, which I knew before—he did not say I was to be sure to say it was Mr. Skinner—I was to say it was Mr. Skinner, of Apollo-buildings, Walworth-road, if 1 was asked the question, and I said I knew it—he told me to say so—(The Court directed Johnson to be called in, but he did not answer)—I always understood from the commencement that Mr. Skinner was the solicitor—I understood so from Johnson.
COURT. Q. Was that all that passed between you? A. Every word—it was outside, as I sat in the waiting-room—he came and sat by my side, and said, "If you are asked respecting the solicitor, you are to say Mr. Skinner, of Apollo-buildings, Walworth-road."
WILLIAM FLETCHER . I am assistant warehouseman to Newton Brothers. Perez is in their employ—I know that he has obtained several cigars from the warehouse for his friends—they were paid for by his friends or himself—there was an allowance made to him, but I have nothing to do with that; Mr. Newton attends to that—it is not a rule in the establishment, but I believe it is with him—I hate been present when he has paid money in that way for cigars.
COURT. Q. How were the bills made out? A. In the name of the buyer that he mentioned—they are not always made out in his own name; they are at times—when they are for himself they are in his own name, but when they are for his friends, he states the name of his friend—he does not sell them again; he purchases for his friends, not in his own name—the bills produced are in his name—they are not my writing—he purchases both in his own name and others—I recollect his purchasing in the name of Franco and Bastides, for I have written the invoices myself—the British cigars are 10s. or 12s. a pound, and the foreign 23s. or 25s.—Vincente may be allowed ls. a pound, but I have nothing to do with that.
NOT GUILTY .
WILLIAM GRANGER BINNING . I live at 43, Fleet-street, with my father, William Benning, a law-bookseller. On 2nd Dec. the prisoner came, ard asked for the new edition of "Williams' Executors"—the price was 3l. 8s.—I took off discount, and let him have it for 3l. 1s. 6d.—he gave me this check for 5l. (produced)—I gave him the difference, 1l. 18s. 6d.—he said the books were for Mr. Scott's son, of the firm of Mytton, Scott, and Edwards, Southampton.-building's and he was going to the Bolt-in-Tun, to send them
by railway—(read—"Messrs. Ransom and Co., Pall-mall. Pay office law-books, or bearer, 5l. on my account, JOHN SCOTT. "')
JOHN ALGER . I am a bookseller, of Little Turnstile. On 6th Dec, the prisoner offered me these books for sale—I asked him to leave them till next day, and gave him 10s. as security—I took them to Mr. Amer, who informed me that Mr. Benning had lost books—Mr. Amer put a mark on them in my presence—these are them.
WILLIAM AMER . I am a law-bookseller, at the corner of Lincoln's-inn Gateway. On 7th Dec. Mr. Alger brought a copy of "Williams' Executors" to dispose of—it being only published about a week, and being an uncut copy, I thought it not fairly come by, but Mr. Alger gave a very straightforward account of how he came by them—I put a mark on them, these are the same.
Prisoner. You know that I have a wife and family in the greatest distress? Witness. Yes—he gave his wrong name and address—I found on him 30s. worth of sweep tickets for races, at ls. apiece, to be drawn on 2nd Dec, at Mr. Appleyard's, of the Magpie and Stump, in Newgate-street—one of the tickets turned up a prize of 10s.—I drew it by order of Mr. Wood, the chief clerk—I have here some letters, which I found on the prisoner—he represents himself as a Mr. Hodson, doing business as a solicitor, but I cannot find that he has been in any situation—I found his wife in the greatest distress, in an empty house, and three children lying on a bed, with no covering on them—he had the key in his pocket—there is no name to the tickets, they are numbered—I was not present at the drawing—you are not obliged to be there—you produce the ticket, and they give you the money—the 10s. was given to me and my brother officer by a young woman behind the bar, on the production of the ticket—I did not see any accommodation for drawing a lottery, only in front of the bar—they professed to draw it in the house—I think this writing on the ticket, "Appleyard, lucky number, 748, "is the prisoner's writing—that was drawn one day last week—the race was run, I think, on 13th—I have never seen the prisoner write—I have a great many papers which I found on him—I have been to a Mr. Gore, of Old Jewry-chambers, and I find the prisoner has been acting as a solicitor to him.
Prisoner's Defence. The check was given to me by a young man to pass; he said it came from Mr. Scott, in the manner that I said.
GUILTY . on 2nd COUNT. Aged 32.— Confined Two Tears.
MARY KING . I am a widow, and live at S, Salisbury-street West, Camden-town, in the parish of St. Pancras—I am a laundress. I bad a basket of linen intrusted to me to wash—these produced are the things.
WILLIAM FINN (City-policeman, 276). I saw the prisoner and two others with a basket of linen, in Long-lane—I stopped the prisoner, the others got away—I asked what he had got—he said washing, and he was going to take it home—he immediately pushed the basket into my face, gave me a severe kick in the ankle, and escaped—a gentleman stopped him—Mrs. King's carman came up and identified the things.
Cross-examined by MR. PAYNE. Q. Where were the other two? A. Behind him—they whistled and ran away as I stopped him—I saw him stopped in Barbican, about forty yards from where I first stopped him—I was not two yards behind him, and never lost sight of him—I am sure he is the man.
CHARLES COLLINS . I am a carman, of Salisbury-street. I had this basket of linen safe in my cart when I paid the toll at Smithfield—Mrs. King called my attention to the loss of it—I went down Long-lane, and saw the prisoner with it on his head—the policeman stopped him, he threw it down, and ran away—I picked it up.
Cross-examined. Q. "Were you and Mrs. King both in the cart? A. Yes—it was seven o'clock at night, and was in a dark place.
Prisoner's Defence. I was offered 1s. to take it to Whitechapel.
BOHLE HARMS (City-policeman, 288). I produce certificate of the prisoner's conviction—(read—William Matthews convicted Aug., 1845, and confined six months)—I was present—he is the man—he was tried again in 1846.
GUILTY . Aged 19.— Transported for Ten Years.
WILLIAM HOWE (policeman, H 168). On 8th Dec. I was called to the Crooked Billet—the prisoner was given in my charge for stealing this pot—(produced)—she said some one must have put it into her basket—I found it there.
WILLIAM SMITH . I am potman to Mr. Andrew Alexander, of the Crooked Billet. On 8th Dec, between eight and nine o'clock at night, the prisoner came and called for a pint of beer, and stood some time at the bar drinking it—a woman told me something—I asked the prisoner what she had in her basket—she said, "Nothing"—I felt, found the pot, and told my master—the policeman came and took it out—she said she knew nothing about it, somebody must have put it there.
Prisoner. I was there all the afternoon, and was very tipsy. Witness. She was not there above twenty minutes—the pot is worth ls.—she may have been the worse for liquor.
GUILTY . Aged 42.—Recommended to mercy.— Confined Seven Days .
NEW COURT.—Tuesday, December 19th, 1848.
PRESENT—Sir JOHN KEY, Bart., Ald.; and Mr. COMMON-SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MESSRS. ELLIS and Parnell conducted the Prosecution.
ANN SCARBROW . I was at the City of Carlisle public-house, in Shoreditch, on 24th Nov.—the prisoner came for a biscuit, and offered me a bad fourpenny-picce—I gave it her back, and she gave me a penny—she said she got the fourpenny-piece next door.
HARRIET HAYWARD . I was about to search the prisoner, and she said, "I will soon show you what money I have"—she took a handful of money from her bosom, and put it on the table—she took two fourpenny-pieces from amongst the halfpence, and put them in her mouth—I said, "That won't do; you have got them in your mouth"—she took one out—I said, "There is another you took, and I will call an officer if you don't give it up"—she then gave me the other—I heard something drop—I looked down, and there was another fourpenny-piece on the floor—I gave the three to the inspector.
Prisoner's Defence. I went to the Carlisle public-house, and a man asked me to have a biscuit and cheese; I paid with a fourpenny-piece which I had from him; when the bar-maid said it was bad, I returned it to the man; we then went to the Hen and Chickens, and he gave the man two fourpenny pieces; he then gave me four shillings, and I disputed about it, knowing he had bad money; he said if I did not go home with him, he would charge me with robbing him, and he charged me with robbing him of 10s.; I know I put the two fourpenny-pieces into my mouth; I did not know that the other was bad; they had me up next morning, and sent for the waiter at the Carlisle, and from the Hen and Chickens, and he stated that the man gave him a bad fourpenny-piece the night before; I was remanded till Wednesday; the man was not up against me; he had given two false addresses, and the Magistrate said I must be acquitted of that, but he should send for Mr. Powell to know if the fourpenny-pieces were bad, and I was committed for that; I told them the man gave me the fourpenny-pieces.
GUILTY . Aged 22.— Confined Nine Months.
MESSRS. ELLIS and PARNELL conducted the Prosecution.
HARRIET OAKES . My husband keeps a chandler's shop, in Richard-street, Commercial-road. On 26th Nov., between seven and eight o'clock in the evening, the prisoner came for two penny long candles, and two halfpenny bundles of wood, and gave me a bad crown—I gave her 4s. 9d. change—I gave the crown to my niece, Julia—she brought it me back, and I took it to the station, and gave it to the inspector—he returned it to me—I marked it, and gave it to Potter.
Prisoner. Q. How was I dressed? A. In a white straw bonnet—I am sure she is the woman.
ANN CARRUTHERS . I am the wife of James Carruthers—we keep the King's Arms, in Back-road, St. George's. On 29th Nov. the prisoner came for a pint of beer, and put down a crown-piece—I saw it was bad—I called my husband, and gave it to him—he asked the prisoner where she got it—she said she got it in the morning, but could not say from whom.
JAMES CARRUTHERS . My wife gave me a bad crown—I told the prisoner it was bad, and wanted to know where she got it—she said she had it handed to her in the way of change in the morning—she said she lived at No. 14,
down the street—I said I would go there and ascertain if it were true—I gave her in charge—I marked the crown, and gave it to Ford, the officer.
Prisoner's Defence'. I am unfortunate; I met with a man, who asked me; to go home with him; we walked on, and he told me to go into that house for a pint of beer; I did so, and had down a 5s.-piece that he gave me; I did not know it was bad; I asked him to go with me; he said if he did I should run away, as he had been tricked before, and he gave me in charge.
Witnesses for the Defence.
MARGARFT JOHNSON . My husband is a labourer—we live at 16, Flower-and-Dean-street. On the Sunday before the prisoner was taken, she was not out of my company, and my husband's, and four children, from half-past six till ten o'clock, when she went to bed.
Cross-examined by MR. ELLIS. Q. Do you recollect her going before the Magistrate? A. Yes, and I went there and mentioned this at the time—she has lived with me about five weeks—she is an unfortunate woman—I mind her baby for her—my house is about half a mile from Richard-street—she came in about five o'clock—my husband said we had a bit of victuals, and she should have part of it—he works Sunday-work as well as day-work at the gas—he is not here.
WILLIAM FISHER . I am a basket-maker. I have lived at Mr. Johnson's, in Flower-and-Dean-street, for six weeks—I do not keep a shop—I work on my own hands, at fancy basket-making—at the time the prisoner is accused of being out of the house, she was in the house—I was in at the same time with Mrs. Johnson.
GUILTY . Aged 19.— Confined Six Months.
MARIA WILSON . I keep the Victory public-house in Edgware-road. On the evening of 21st Nov. the prisoner came for half a quartern of rum—I served him—he gave me a shilling—I gave him 9d. change—I marked the shilling, and put it on a shelf in the bar—this is it—next evening he came again, about half-past nine o'clock, for a pint of beer—he offered me a shilling—I said it was bad, and. I should give him in charge—he asked me why—I told him he knew the reason—he said he thought he had not been in my house the night before, but when I called it to his recollection he said he had, for some rum—I sent for the officer, and gave him into custody—I gave the second shilling to the officer.
Prisoner. Q. Did you observe the first shilling was a bad one? A. Not when I gave you the change.
RICHARD YOUNG (policeman, D) 140). I was called, and took the prisoner—Mrs. Wilson gave me this shilling—the prisoner said he rook it of a man—I said perhaps he would be able to find him—he said no, he could not—I found 5 1/4 d. in copper on him—I received this other shilling from Mrs. Wilson.
CALEB EDWARD POWELL These are both counterfeit.
GUILTY . Aged 22.— Confined One Year.
evening, for half a pint of beer, and gave me a sixpence—I gave him change and he left—I then looked at the sixpence, and showed it to Mr. Hayes—I did not give him any other sixpence that evening.
JOHN HAYES . I received the sixpence, went after the prisoner and found him in Mr. Axford's, nearly a quarter of a mile off—I said he had given me a bad sixpence—he said he was not aware of it, a gentleman at Paddington gave it to him—I asked Miss Axford if she had taken any money from him—she said, "Yes," and had given it to her father—the prisoner ran away; I ran after him, and gave him to the officer—I marked the sixpence I had received, and gave it to the officer.
EDWARD AXFORD . My daughter gave me a sixpence—I gave her 3d. change, when Mr. Hayes came in and said to the prisoner he had given him a bad sixpence—I said he had given my daughter a sixpence, and I had given him the change—the prisoner then ran away, and left his beer—I ran after him, and found him near the Swan with Two Necks, lying down in the road—an officer was sent for—I gave him the same sixpence my daughter gave me—the prisoner said he had been loading dung at Paddington, and a man gave him two sixpences for doing it.
Prisoner's Defence. I worked for a man, and he gave me the sixpences.
GUILTY .— Confined Six Months.
GUILTY .— Confined One Tear.
GUILTY .— Confined Four Months.
SMITH pleaded— GUILTY . Aged 22.— Confined Four Months.
MR. ELLIS offered no evidence against GOODBODY— NOT GUILTY .
WILLIAM HARRISON . On 11th Dec., about four o'clock in the afternoon, I was coming along Hatton-wall and met the prisoner—he asked if I would go and get him a glass, and he gave me a half-crown—I was. to meet him again at the Rose, and bring the glass and the change—I went to Mr. Abell's and found the half-crown was bad—I went to the Rose and saw the prisoner—I told him Mr. Abell wanted him, and the half-crown was bad—he called him a d—n rogue and ran away—I marked the half-crown—this is it.
THOMAS ABELL . On 11th Dec. Harrison came for a glass—he gave me half-a-crown—I detained it—Mr. Bateman called upon me and took it—I told Harrison it was bad, and asked him where he got it—he said, "From a man at the corner of Hatton-garden"—I told him to send that man to me, for 1 had got three or four bad half-crowns—I kept the half-crown.
On that Monday evening the prisoner came in and asked for a square of glass—it came to sixpence—he offered me a 5s.—piece-Mr. Bateman took it from me.
GRORGE BATMAN . I was in the shop when the prisoner came—I took the crown out of my wife's hand and discovered it was bad—I asked the prisoner where he got it—he said from his master, who lived in Red Lion-street,—md he would go back and bring the money for the glass—he went away—I made a mark on the crown; this is it—I showed it to Mr. Abell—some time after, the prisoner came back with a sixpence to pay for it—I gave the crown to George Drake—I received a bad half-crown from Mr. Abell—I gave it to Mr. Julian, the Inspector—this is it.
GEORGE-DRAKE. I was in Mr. Batrman's shop when the prisoner came in—Mr. Bateman told me to go with him to Red Lion street—when we were in Cross-street, Hatton garden, the prisoner said he would give me 2d. it I would give him the crown back again—I said, "No"—we parsed a public-house—he wanted me to go and have something to drink—I refused—he offered me 9d., and said that it was all the money he had, if I would gave him the crown back—two men came up and asked what was the matter—I said, "A bad crown-piece"—they wanted me to give it to the prisoner, ard I would not—they had a crown-piece in their hand, and they asked me if it was like that crown that they had—I told them it was, but I was not going to let them have it—they had a handful of silver—before we left, one of the men went into the public-house and wrote the prisoner's address on a bit of paper—he brought it out to me—I did not part with the crown—I took it back to Mr. Bateman.
Prisoner. I am innocent.
GUILTY .— Confined Nine Months.
SUSANNAH HALLAM . I keep an oil-shop in Aylesbury-street. On 4th Dec., about half-past ten o'clock at night, the prisoner came for some mixed pickles—he gave me a 5s. piece, and I gave him 4s. change—I said I supposed the crown was a good one—he said if he had but a wagon load of them he should do very well—I put it into the till—there was no other crown there—I afterwards took it out, and put it on the shelf—I gave it to the officer.
RICHARD WALKER (police-sergeant, G 33). I received this crown from Mrs. Hillam—I was with Allen when he took the prisoner the day before—I saw the prisoner take some thing from his right hand pocket and drop it—Allen took it up—it was three half-crowns.
GEORGE ALLEN (police-sergeant, G 16). I saw the prisoner with two otner persons, in Aylesbury-street—I followed and took the prisoner—he dropped these three halt-crowns—he said, "You won't have it, "and he tried to put his foot upon them—I took them up.
GUILTY . Aged 22.— Confined Nine Months.
SARAH WAGSTAFF . The prisoner was employed in our house in the summer, to work—on 16th Nov., between one and two o'clock, he asked me to go and fetch a bason and flannel—I went out and returned, in four minutes he was gone, and the machine also, which I had left on the table—it belonged to my husband, John Wagstaff.
Prisoner. This woman took an apartment for me to show her a few recipes; I was there four days, and had only 10s. 6d. for showing her; on the last morning she asked me if I had anything to do; I said, "No;" and I went away in her presence.
GUILTY . Aged 22.— Confined Four Months.
EDWARD THOMPSON . I am a linen-draper, of High-street, Tottenham. I had some printed cotton, which I saw safe inside my shop on 8th Nov.—a policeman came and gave me some information, and I missed a shawl—the policeman produced it, and a piece of print—I identified them—I had seen them both about an hour and a half before—I had not missed them—these are them—here is the mark on the shawl.
Cross-examined by MR. SLEIGH. Q. Is this the only shawl you had at that time? A. The only one of that colour and pattern—this mark is my own writing, and I can swear to it—we were rather busy in our shop that evening—we had not more than nine or ten customers—this shawl was at the back of the window—a person in the shop could not reach it without an effort—the shop was not left without some person in it—I saw a woman in the shop, placed in rather a suspicious position, behind another customer, where she could have taken it.
GUILTY . Aged 36.— Confined Four Months.
EDWARD THOMPSON . On 8th Dec. I had this piece of printed cotton on a pile in the shop—it was safe in the course of the day, and I missed it—when the policeman brought the shawl, he said he had two persons in custody—I went and identified the prisoner as having been twice in my shop—she was searched, and this print was found on her—it has my private mark on it—I only know by repute that she is the wife of Edward Hagger—they have always passed as "man and wife—they have two children, and occupy a house—my firm belief is that this print and the shawl were taken at the same time "hen the prisoner was waiting to be served—my young man desired her to go to another part of the shop.
Cross-examined by MR. SLEIGH. Q. Did the prisoner pay for the articles she had? A. Yes—she spent 2 1/2 d. in the first instance, and about 2s. 4d. the second time.
NOT GUILTY .
GUILTY . Aged 17.—Recommended to mercy.— Confined One Month .
GUILTY . Aged 22.— Confined Three Months.
WILLIAM WOOLFE BONNEY . I live in Knightsbridge, and am a wine-merchant. On 13th Dec. I came to Farringdon-street in my phaeton—I had my coat and cloak in it—I left for about an hour, and when I returned my coat and cloak were gone—these are them—I had left them with Pardey, my servant.
Prisoner. I bought them of a Jew, in Petticoat-lane.
GEORGE SCOTT (City-policeman, 560.) I produce a certificate of the prisoner's former conviction at this Court, by the name of Thomas Hickey—(read—Convicted Oct., 1847, and confined six months)—the prisoner is the man.
GUILTY . Aged 19.— Transported for Seven Years.
THOMAS JACOBS . I am assistant to Mr. William Martin, of 156, Fleet-street. On 11th December, about six o'clock, the prisoner came, and said he wanted an outfit—I showed him a great coat—he said it was not good enough—I showed him two or three more—he made the same objection to them—I got another—he put that on—and said it would do very well—he wished to see another, and I got him another, and asked him to take the other off—he said that did not matter—he put it on over the other—he then wished to see some trowsers—I showed him some, at 1l. a pair—he said that was too much—I was on the steps getting some more, and he ran out with the two great coats on him—I ran after him, and took him, down Bouverie-street—he struck me, and kicked me several times.
Prisoner. You saw that I was tipsy. Witness. You were not; you had been drinking.
GUILTY . * Aged 56— Confined One Year.
256. JOHN REVELL, JOHN THOMPSON , and JAMES FENTON , stealing 90lbs. weight of coals, value 1s. 6d.; the goods of John William Miller and another, master of Revell; Revell having been before convicted.
JOHN WILLIVM MILLER . I am partner with Richard Robins, at Nine Elms, Revell was our apprentice—he was employed on 23rd Nov., to bring up a barge of coals named the George—he had no authority to hand over coals out of that barge to anybody.
JOSEPH JOHN LEWIS (Thames-police inspector.) On 23rd Nov., about one o'clock in the day, I saw Revell in the barge—he was looking towards a boat, in which the other two prisoners were, and one of them was putting a large piece of coal into the boat—I did not see Revell hand it down, but he was looking at their—we found about 90lbs. weight of coals in the boat—the hoys said that Revell gave it them—Revell said, "No, I know nothing about it; they are our coals, but I know nothing about their being taken"—the boys had assisted Revell with the barge, though it was not necessary for him to have assistance.
Revell. I met with an accident, and got my boat sunk; these boys came and said they would take my barge on shore; a young man took my boat hom", and these two boys came, and said they would go up in the barge with me, and give me a cast on shore; I meant to give them a pint of beer for taking me on shore; I went under the head-sheets for about five minutes; the officer came, and took them in their boat, and there were the coals, but I know nothing about them; the boys did not say that 1 gave them to them.
Witness. They said that the first thing—Revell had no money in his pocket—I heard him tell these little boys to say that they took the coals from another barge, and that would clear the whole three of them.
REVELL— GUILTY . Aged 20.— Confined Six Months.
THOMPSON and FENTON— NOT GUILTY .
JAMES KILBY . I live in Aldgate High-street, and am a butcher. About 25th Nov. I had forty-three sheep in the marshes in the Isle of Dogs—I missed two of them—I have since seen the skins and the fat—it was fresh, killed.
Campbell. Q. May not these have been sent to the tan-yard? A. They were not—they were found, and I identified them.
JAMES HAMS (police-sergeant, K 21). I saw the prisoners in Limehouse on 25th Nov., a little before twelve o'clock at night—that is about a mile from the Isle of Dogs—I went to Campbell's lodgings, and to Smith's.
Cross-examined by MR. PAYNE. Q. Have you anybody here to prove it was Smith's lodging? A. No, I summoned the landlady of each of the prisoners, and the Alderman would not examine them.
COURT. Q. What did you say? A. I asked Watts, who was called as a witness for Campbell, if he lodged in his house—he said, "Yes," and Campbell made no remark—I searched that house, and found nothing relating to this charge—I asked Stevens, the landlady of Smith's lodging, in presence of Smith, "Is that the person who occupies the room in your house?"—she said, "Yes"—I found in that room 6lbs. of mutton fat, and a sack stained with blood—some skins were found there, but not by me.
Cross-examined by MR. PAYNE. Q. Where was it you said to Stevens, "Is that the person who lodges at your house?" A. At the police-court,
Guildhall, in presence of the Magistrate—Stevens was by the side of the dock—the Magistrate was on the bench—Smith made no answer—I could not swear that he heard it—I said it so that he might hear it.
THOMAS TYLER (City-policeman, 112). I saw the prisoners on the night of 30th Dec.—I followed and took them into custody—I found some skeleton keys on Campbell—I went and searched Campbell's lodging—I found two sheep-skins there, which were identified by Mr. Kilby—Campbell said that a man had left them there—I found this butcher's hook at Smith's.
Cross-examined by MR. BRIARLY. Q. How do you know it was Campbell's lodging? A. He gave that address, and I saw a woman who he said was his wife.
JOHN DAVIS (policeman, K 94). On the night of 25th Nov. I saw the two prisoners in Three Colt-street, Limehouse—we had to remove a cart, which was selling cheese at 3d. a pound—it caused an obstruction, and I moved it again—Smith came, and said there was plenty of room—it was then about a quarter-past nine o'olock—soon after the two prisoners were engaged in moving the cheese from the cart into two barrows—we then lost sight of the cart, and the two prisoners brought it again about twelve o'clock.
Campbell's Defence. I am a skin-dresser. A man brought these skins openly into our shop, and they were bought.
GEORGE DAWSON . I keep the Three Compasses, in Harrow-alley, Houndsditch. Campbell was in my house on that Saturday, from three to four o'clock—he read the newspaper—he said he had been to Smithfield, and bought a saddle, on the Friday—he took it to market, and sold it—he came back to my house, and said he had made a tidyish job of the saddle—he was with me till about five o'clock—he said he should take a quartern of rum home with him—I had to go to my son's, and I saw him again—I left him at twenty minutes before twelve o'clock—he was with me from seven o'clock till twenty minutes before twelve.
CAMPBELL— GUILTY . Aged 39.— Transported for Ten Years.
SMITH— NOT GUILTY .
FRANK ELPICKE . I am a day watchman at the East and West India Dock. I took the prisoner, coming out of the East India Docks, on 13th Dec., at half-past five o'clock in the evening—I found this piece of copper concealed next his person, and held up by a strap—there was a vessel in the Dacks that had copper in it—the prisoner said he had this given to him in the water-closet.
Cross-examined by MR. PAYNE. Q. Did he appear to have been drinking? A. I did not perceive that he had—he was with me about half an hour.
MICHAEL REMMINGTON . I am chief officer of the ship True Briton, which was lying in the docks—Robert Roe is the master—we had copper on board—I have no doubt this is a part of it—the prisoner was working on board, as foreman of the gang—this copper was stowed in the after-part of the hold.
Cross-examined. Q. Was. this covered over? A. Yes, with some casks of potash—their is a stamp on the copper, but no mark of the True Briton—there were 3911 pieces on board—we had ingots like this—the second
officer was down in the hold, with the men—I do not know how it was poibible for the prisoner to take it—I said the captain's name was Richard, but he had not belonged to the ship long—I knew his name was R. Roe—I mane inquiry, and heard it was Robert.
COURT. Q. Did he tell you so himself? A. No, I heard it from an officer on board the ship, who has known him some years—by reputation I believe his name was Robert.
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy by the Jury.— Confined, Three Months.
OLD COURT.—Wednesday, December 20th, 1848.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron ROLFE; Mr. Ald. THOMPSON; Mr. Ald. COPELAND; Sir JOHN KEY, Bart., Ald.; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Third Jury.
GUILTY . Aged 23.— Confined Twelve Months.
260. MARY ANN WARD , stealing 2 1/2 lbs. weight of mutton, value 1s.; the goods of George Jeffery; also 1 1/2 lbs. weight of pork, value 1s. 4d.; the goods of George Crammick; having been before convicted: to which she pleaded
GUILTY . Confined Eight Months.
Before Mr. Baron Rolfe.
261. SARAH WATERS was indicted for the wilful murder of her female infant, by the administration of laudanum.—2nd COUNT, by exposure to cold.—She was also charged, on the Coroner's inquisition, with the like murder, by exposure to cold.
MESSRS. BALLANTINE and CLERK conducted the Prosecution.
MARY ANN BURNS . I live at 3, Plummer's-row, Commercial-road. The prisoner lodged with me in Nov. last—on 20th Nov. I sent for Mrs. Steele, a midwife, and on Tuesday 21st, about half-past two o'clock in the morning, the prisoner was delivered of a female child, in my presence—I saw her in her own room on the following day, Wednesday, about half-past two in the afternoon—she was then up—when I came in 1 said, "My gracious, what, up and dressed! you will get your death of cold"—she said, "I know as much about my death as you do; it is no more than I have done before"—she dressed the baby, and laid it on a blanket on a chair, and I said what a beautiful, healthylooking creature it looked—I saw her go out of the house, about half-past three, with the child, wrapped up in a shawl—this was the day after her confinement—I left the house, and did not return till about ten at night—I then saw the prisoner going from my mother's room to her own, and I said, "What, returned, and not a-bed yet!"—she said, "I have been to bed, but I have been annoyed by a policeman"—I said, "A policeman! what brought a policeman to my house?"—she said, "On suspicion of my doing away with my baby"—I asked where the baby was—she said she had left it at the nurse's that nursed her other—I afterwards asked her again where it was, and
she told me, "At 4, Dock—head, with Mrs. Bell, before you come to the Post-office"—I afterwards, at the Coroner's inquest, saw a night-gown and cap—I can identify them as the same that were put on the child the night it was born—these are them (produced).
Cross-examined by MR. CLARKSON. Q. Was not the expression she used that she had been annoyed by a policeman who had been inquiring of her, on suspicion of her doing something to her baby? A. Yes, or making away with it—I am sure-chat was her expression—I cannot read—I do not know whether it was "doing something to the baby, "I do not think it was—I do not think I have said it was—I do not know whether I have or not—I did say that I would tear her to pieces.
ELIZABETH SARAH BROWNING . I am the wife of John Browning, of 3, Plummer's-row, whore the prisoner lived. On Wednesday, 22nd Nov., about half-past three o'clock a.m. the afternoon, I saw h-r going out with a bundle under her shawl—I had not then seen her baby—I knew she had been confined—I saw her again about seven in the evening, sitting by the fire—she went into Mrs. O'Lrary's room, and I heard the old lady say that her daughter had left a good fire, and to go in and go to bed, for she must feel very ill—she asked her what she had done with her baby, whether she had put it to wet-nurse or dry-nurse—she said she had put it to dry-nurse—I went out, and spoke to a policeman, and afterwards went to the station and fetched a police-sergeant—I returned with him, and he and my husband went upstairs—I do not exactly recollect the time, it might have been between eight and nine in the evening—I believe the sergeant left about ten—I went to bed about half-past eleven, and passed the prisoner's door—I went into the prisoner's room, and found the prisoner's box corded, and the prisoner up and dressed—I asked her what she had done with her baby—she said she had taken it to 4, Dock—head, to Mrs. Bell—I asked what sort of person she was—she said she was an Irishwoman, and her husband English—I asked her what she was to give to the person for nursing her baby—she said 5s. a week, and she afterwards said that her Ellen's nurse would try to get it into the Foundling Hospital for her, and, if not, she would take it to its father—she began to cry, and said she had milk, and would suckle her baby if she had but got it—I told her I would call my husband down stairs, and he should go and fetch it—I called him, and she told him to go to 4, Dock—head—before he came back, she said she did not see why me and Mrs. Burns should sit up to watch her—she wished Mrs. Burns to go to bed, for she had said she would tear her to pieces—she cried, and said she wished she had a friend—I told her I would befriend her in anything that I could—she said she wished she could get out of the house that night—she said she had gone out of the house, and walked as far as the Three Nuns, in Whitechapel; while waning for a bus, she sent a little boy with a white pinafore for a pennyworth of syrup of poppies, and two drops of laudanum; she gave part to the baby, and the other part she put into her own mouth; and she then went to Dock—head, to see if she could find Mrs. Bell, who had taken her Ellen to nurse; that she could not, and asked two or three women to take her baby, but none would take it without money—she said she then went to Hyde-park, and sat down; (she did not say how she got there); that she went to the first turning past St. George's Hospital, up a mews, and sat down, and put the baby on her lap, and got up, and walked away with the baby; that the devil tempted her, and she went back again, took the shawl off the baby, and laid it on its side down on the (dunghall, and put her handkerchief over its face, and spread its little bedgown out in hopes of some of the ostlers picking it up, and taking it to
their wives—she said the child was then alive, and that it had cried a little while before—she told me some other matters about the father of the child.
Cross-examined. Q. She told you that she had been married to a man who she found was married before? A. Yes—she asked me to send my husband to the place for the baby, and I said I would do so—Mrs. Burns had said she would tear her to pieces—the prisoner seemed very much fatigued and agitated—I knew nothing of her before, having only been in the house a week—she had never told me where she came from, or what she was—I went to the police, thinking they would send for the baby.
CORNELIUS FOAY (police-sergeant, H 7). On Wednesday evening, 22nd Nov., about nine o'clock, I was called to 3, Plumrner's-row, and saw the prisoner in bed—she told me she had been confined—I asked her where the child was—she said at Mrs. Bell's, 4, Dock—head, which is at Bermondsey—I went there and made inquiries, but could find no Mrs. Bell there, or in the neighbourhood—I returned next morning and told the prisoner that what she had said was not true—she then told me that she had taken the child to Dock—head, but could not find Mrs. Bell; that she went in an omnibus to Hyde Park-corner, went down the first turning past St. George's Hospital, and laid it down on a dung—heap; that it was then alive; that she had given it some syrup of poppies and some laudanum to compose it, and she left it there and covered a handkerchief over it—it is five miles from Plummer's-row to Hyde Park-corner—this was a cold damp night.
Cross-examined. Q. Did she say she had left it there in the hope that somebody would find it? A. She did—the statement she made to me was not in answer to questions; she made it voluntarily.
WILLIAM WESTON . I am a labourer, and live at Herman's-hill, Westminster. On Thursday morning, 23rd Nov., a little after six o'clock, I was going along Belgrave-mews, East—I had'occasion to go to the dang heap there, and saw something white lying—I got over, and found the body of a female child lying on a heap of ashes, not covered by anything, nor concealed—it was quite dead—any one having occasion to look into the dung-hole would see it—it is an enclosed place at the back of Lord Combermere's house, bricked up ten feet high, and slanting down to about three feet and a half—the mews is a thoroughfare.
WILLIAM ROPE (policeman, H 156). I was called by Weston on Thursday morning, 23rd Nov., and in a dung-hole, at the back of Lord Combermere's mansion, I saw the child lying, and took it to the station, and afterwards to Mount-street Workhouse—I have produced the cap and gown it had on.
WILLIAM BLOKAM . I am a surgeon. I saw the dead body of a female child on 24th Nov., in the dead-bouse at Mount-street Workhouse—it was pointed out to me by the porter—I saw that body afterwards identified at the Inquest—I examined it, with the view to ascertain the cause of death—I found no indication of poison in the stomach, or anything there that would occasion death—if the child had been exposed, as has been stated, for several hours during the night, I think that would have been sufficient to have caused its death, and would account for the appearances that were exhibited on the previous examination.
JAMES BUNYAN . I am porter at the Workhouse, Mount-street, Grosvenor-square. On Thursday morning, 23rd Nov., I received the body of a female infant from Roper—it was the same body that Mr. Bloxam afterwards saw.
(The COURT did not think the first Count was sustained. MR. CLARKSON called attention to the second Count, which did not allege that it was the prisoner's duty to provide for the child, or that it was not of an age to provide for
itself; it merely stated it to be "of tender age." MR. CLERK urged that the death was alleged to be by an act of the prisoner, and not by the omission of a duly. The COURT doubted whether a sufficient act was stated, but thought a verdict might be found on the second Count, and on the Inquisition).
GUILTY of Manslaughter on 2nd Count, and also upon the Inquisition. .
MR. HUDDLESTON conducted the Prosecution.
JOSEPH LONGMAN . I live 3, Prince's-street, Fitzroy-square. I knew the deceased, Ann Pullen—she was about fourteen and a half years old—the prisoner was her mother—she occupied a second-floor back room in my house—on 24th Nov., about eleven o'clock at night, as I had just retired to rest, I heard a knocking outside my bed-room door, and a voice said, "Do get up!"—on opening the door, the prisoner entered the room with a light in her hand, and said, in a state of great agitation, "Ann is dead, what shall I do, what shall I do; do come up"—I immediately put on my things, and followed her to her room—I there saw the child lying on her back upon the floor dead—I saw a rope lying on the bed—it was a French bedstead—the prisoner said, "What is to be done? I know not what to do; something must be done!"—I said, "We had better send for a doctor"—she said, "What is the use of sending for a doctor, as she is dead; it is only a needless expense," or words to that effect—I felt that her pulse had ceased, and she was quite cold—the prisoner then said, "I left her early in the morning, with directions to mend a pair of stays and a pair of stockings, which she had neglected to do; I then went out to my work, and on returning, at half-past eleven in the forenoon, I found nothing had been done, and on asking the reason why it had not been done, the girl said she had sat down, and gone to sleep; I said I am determined you shall not sit down and sleep, for you shall stand and do your work, for I will tie you to the bedpost, and you shall have nothing but dry bread to eat until it is done"—she then said, "I took a rope, and put it round and round her neck, and then round the head-post of the bed, and made it fast to the foot-post;" and she said, "I put a chair near her, with her work on the chair, and went out to my work, locking the door and putting the key under the mat; on returning at night, about half-past ten, I found her in a stooping position, dead"—I then said, "This is a very serious case, and there must be an inquest held; the death must be registered, and, as there was no witness to the death, a doctor's certificate will be required"—I forgot to state that she said, "I tied the rope to the foot-post slack, but not so slack as she might get her chin through"—she said she did that in order to keep her from sitting down to so to sleep.
Cross-examined by MR. SNOW. Q. Do you know at what time the prisoner came in that night? A. I do not—she said about half-past ten—a young woman, an acquaintance of hers, out of place, had been living in the same room with her about three weeks—I did not then know that that young woman was in the habit of going' out for a night or two at a time, I have since understood so—I thought it my duty to make this matter known, and called in Mr. Derbyshire—the prisoner described the matter to him, as she had done to me, and I gave information to the Coroner's beadle—she repeatedly said, in the course of her intemew with me, "What to do I know not, something must be done"—I alterwards asked her if she was satisfied with what I had done?—she said, "Quite satisfied; I knew not what to do,
and I knew you would do what was right; I have done it, and I must abide the consequences"—the child's arms were lyitug down by her side—I have had no opportunity of observing the prisoner's conduct toward the child—she is a strictly honest and industrious woman—she had lived in my house above six years—I noticed one instance of this girl's conduct more than twelve months since—she secreted herself in the water-closet—I wanted to go in—she would not open the door or answer—I was at last obliged to get a chisel and mallet, and forcibly open it, and she was inside all the time; and that, connected with what 1 had heard about her, made me conclude she was a perverse and stubborn girl.
CAROLINE ALLKNSON . I lodged with the prisoner at 3, Prince's-street—I was there on Thursday morning, 23rd Nov.—I did not return that night, and was not there on the Friday—I beard the prisoner tell the child on the Thursday that she should have nothing to eat until she had done her work—I saw the prisoner on the Saturday night—she then told me the child was dead, and said if I had gone home it might not have happened—I was in the habit of returning at night—I have staid out on one or two occasions—she told me she had tied the child to the bedpost by the neck, for not doing her work.
Cross-examined. Q. Did you tell the prisoner that you were not going to return that night? A. No—she behaved very kindly towards the child while I was with her—the child was rather perverse at times—I do not know whether she had any food on the Thursday morning—the prisoner was very industrious—she generally went out at six o'clock in the morning, and sometimes did not return till eleven at night—she sometimes returned in the middle of the day—when I returned I used to find the room-door locked, and the key either left down stairs or put-under the mat—the prisoner told me she had put the key under the mat on this night.
JOHN DERBYSHIRE . I am a member of the College of Surgeons. I was called in on Friday night to see the child—I found a deep discoloured indentation, extending across the middle of the neck right round from one side to the other—a rope tied tight round the neck, or with the pressure upon it before death, would have caused such a mark—I attribute the death to suffocation by strangulation with the rope—if the rope had been tied round her neck and fastened to a bed-post, and she had sunk from exhaustion and so been strangled, that would have produced the marks I found.
Cross-examined. Q. Could you tell from the appearance of the body how long she had been dead? A. No; for I did not examine it for three days after—I found very little food in the stomach—I could not tell what it was—it was digested food, like gruel—there were no marks of violence upon the body—the indentation on the neck was deeper on the right side than on the front—I do not think it could have been produced after death—Betts' Medical Jurisprudence is a work of great authority on the subjects on which it treats—the appearances of persons suffocated are very various—the arteries and vessels of the brain are generally congested, and the brain itself presents a number of small red spots when cut into, apparently resembling extravasation—I examined the brain; it was not so highly congested as I should have expected from my reading—my experience is not so great as to enable me to make frequent comparisons—it is not usual to find so large an amount of congestion in the brain of a person not dying from suffocation—the lungs of a person dying from suffocation are generally full of blood and dark-coloured fluid, and the body of the lungs filled with air from rupture of the
air-cells—I examined the heart; the right ventricle and right auricle were full of fluid and dark-coloured blood—if a rope is placed round the neck of a person not very tightly, it is likely to produce a tendency to apoplexy—drowsiness is one symptom of apoplexy—it is difficult to say how long a girl of this age could remain in an upright position without exhaustion—it would depend very much on her previous habits—some are soon exhausted—I should say a girl of a hardy constitution might continue five or six hours without sinking.
MR. HUDDLESTON. Q. Can you say whether what you found in the stomach was gruel or digested food? A. I cannot, but it had every appearance of digested food—I cannot say when it was taken—the body presented all the symptoms of a person who had died of suffocation; every organ was healthy except the brain and lungs—the prisoner made a statement in my presence as to what she did with the child—it exactly corresponds with what Mr. Longman has stated.
FRANCIS FRYER (policeman.) I measured the height from the girl's heel to the mark in the neck; it was 3ft. 10in.—the bed-post was 4ft. high—the height of the knob of the post was 3 ft. 10 1/2 in.—I produce the rope.
GUILTY . Aged 41.—Strongly recommended to mercy by the Jury.— Confined One Year.
NEW COURT.—Wednesday, December 20th, 1848.
PRESENT—Mr. Ald. THOMPSON; Mr. Ald. WILLIAM HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
THOMAS FORD . On 1st Dec. the coats and other articles were shipped on board a vessel in St. Katharine's Docks for Richard Ford—on 4th Dec. I went on board, and found the boxes all broken open and the property gone—two scarfs have been found.
Prisoner's Defence. I bought it of a man in the street.
GUILTY . Aged 17.— Confined Nine Months.
Prisoner's Defence. A man gave them to me.
the prisoner's conviction—(read, Convicted Nov., 1846, having been before convicted, confined three months)—he is the person.
GUILTY . Aged 17.— Confined One Year.
MR. METCALFE conducted the Prosecution.
ROBERT HOWES . I am in the employ of Daniels and Payne, of 29, Upper Thames-street, iron-merchants—Clark was in their employ—he was to deliver iron according to the papers or orders that came in—before he delivered it he had to enter it. On 6th Dec. an order was brought from Perry and Sons by Rackham—I did not see it delivered—I was in the shop-when he came—I saw Clark have the order—in five or ten minutes afterwards Clark sent me to fetch such iron as was wanted for Messrs. Perry's order—I brought various sizes, and put them in the scale—Clark helped me—the iron was put in the cart—I cannot say what it weighed—it should have been entered on the board—I cannot say whether Clark entered it—Clark then sent me for eight bars of mitre-iron—it was brought, put in the scale, and then in the cart—Rackham was then standing against the scale—I saw the cart driven out of the place by the carman—Rackham did not go with it; he went in after his bill—I cannot say what became of him then—after the eight bars were put in the cart I went down to fetch up other iron that was on the orders—I went the next day to the Vine-yard, Bishopsgate-street, and found eight bars of mitre-iron—I could not say whether they were those I had put in the cart—they were the same size, and had the mitre mark on them.
Cross-examined by MR. PRENDERGAST. Q. What is mitre-iron? A. It is marked W. O., with a Bishop's cap—it is the mark that the greater part of that iron bears—I can read a little; I can make out my master's name over the door.
Cross-examined by MR. COOPER. Q. Your master has a great deal of business? A. Yes—carriers come sometimes for orders—I cannot tell how many came that day, or how much mitre-iron was sent out.
JOHN FAIRLIG MORRIS . I am clerk to Daniel and Payne. On 6th Dec. I saw this order on the file when it was executed—it was the duty of the man who weighed the iron to put the order on the file, and chalk it on the board—Clark chalked this order on the board—the order is in the writing that I have always understood to be Perry and Sons—I saw a cart which came from Perry's with iron on it, driven by the carman they had hired—I did not see Rackham when the cart was driven away—I saw him while it was there standing by the scale, and some iron was being shifted from the scale to the cart—I did not look at it—the iron chalked on the board corresponds with the iron in the order, with the exception of one size—7-8ths was sent for 7-16ths—there was no entry on the board of eight bars of mitre iron, either on that day or the next, as being sent to Perry and Son—it was the person's duty who brought the order and took away the iron to sign a receipt for it—this book is signed by Rackham.
Cross-examined by MR. COOPER. Q. How do you know it is his signature? A. I have seen him sign repeatedly—I have seen him come from Perry and Son as their servant—Clark has never mentioned to me the delivery of eight bars of mitre iron—this entry, receipted by Rackham, corresponds with this order—frequently a size we do not keep is ordered, and we substitute others.
Cross-examined by MR. PRENDHRGAST. Q. You cannot tell us who brought this order? A. No—I have no one here who saw it brought—I took it from the file—the whole of the ten bars were mitre iron—the name of our firm is Daniel and Payne—Mr. Payne is not alive—there are two Mr. Daniels—these ticks in red ink on the order are my writing—I did not see it weighed—I ticked it off as all being right from the board—I cannot say that it was right—it was intrusted to the man who weighed it.
HENRY HOOLF . I am a clerk in the employ of Daniel and Payne—the parties now are John Daniel and Thomas Daniel—Mr. Payne has been dead sixteen years—it is customary to bring orders into the counting-house, but they are often taken to the scale porter—in this instance it was taken to Clark—I was not there—the person who brought the order might take it to the counting-house, but this, not being brought there, must have been taken to the scale-porter—the person who delivers the goods, makes an entry in chalk on the board, which is brought into the counting-house, and given to the deliverv-clerk to make the entrv in his book—the order is filed by the scale-porter—Howes was attending at the scale—this invoice is the writing of a clerk named Whitley, and is given to the porter who takes the iron away.
EDWARD PERRY . I am an ironmonger, of Bishopsgate-street—Rackham is my servant. On 6th Dec. I sent him with this order to Daniel and Payne—it is my writing—he had no authority to get any more iron than is mentioned in it—I have no connection with the Vine-yard—if he delivered any goods there, it would not be for me—I remember his coming back—the goods were not brought to my house, they were to be taken elsewhere—the invoice corresponds with the order—here is no entry of eight bars of mitre iron—ten bars of mitre iron were ordered for me—the cart did not belong to me.
Cross-examined by MR. COOPER. Q. How long has Rackham lived with you? A. Five years—he bore an unexceptionable character—I have trusted him, and found him worthy of it.
WILLIAM GATONBY . I am the carman—I went with Rackham to Daniel and Payne's on 6th Dec.—the iron was delivered at Daniel and Payne's—I do not know the quantity—I drove the cart to the Vine-yard, Bishopsgate-street, and went to breakfast—it belonged to Mr. Joiner there—I came back, and went to Limehouse with the iron according, to Rackham's direction—when I came back to the Vine-yard the bag was emptied, and some of the bars had been moved from the cart—they are always tied in a bag at one end, to keep them from slipping—I cannot say whether they had been put on the cart again before I started—there was iron lying about the yard—I cannot say whether it was any of the iron that had been on the cart—I do not know how many bars I received at the yard—I delivered ten bars and five bundles at Limehouse—there were no more left in the cart.
Cross-examincd by MR. PRENDERGAST. Q. Why did you go to the Vine-Yard? A. To get my breakfast, and because Rackham said I could draw up there.
Cross-examined by MR. COOPER. Q. I suppose you have done so on other occasions? A. Yes—I went to my home to breakfast, which is two or three minutes' walk from there—there were not a great many other carrier's carts there that day—it was a leisure day.
THOMAS BARNES (City Policeman, 448). I took the prisoner—I told Rackhnni he was charged—)w said heknew nothing about the eight bars of iron being put in the cart wrong that he left the cart at the corner of Cornhill, and expected the man would deliver the iron according to order—I went to the Vine-yard, and found only eight bars of this sized lying there—the
book-keeper said it belonged to Mr. Joiner—I saw Mr. Joiner in the yard—he said he knew nothing about it.
Cross-examined by MR. COOPER. Q. How much do you sell of it in a month. A. Perhaps fifty tons—there is a great deal of our mitre iron about London.
NOT GUILTY .
MESSRS. CLARKSON and PARNELL conducted the Prosecution.
CHARLES THOMAS GAYLER (policeman, C 348). On 1st Dec I was going up St. Andrew's-hil, about ten o'clock in the day, and saw the prisoners coining out of a marine store-shop—they shunned me—I went to Mr. Hale's, a marine store-dealers—he produced these two iron caps—I made inquiries, and next morning went to the Fleet-street station, and saw two more iron caps, corresponding with those I found at Mr. Hale's—I took Richardson on the Saturday, on one of the barges.
THOMAS HALE . I deal in marine-stores. On 1st Dec. three persons came to my shop, about ten o'clock in the morning, and asked if I bought old iron—I said, "Yes"—they produced these two iron caps—I bought them of the other man, who gave his name, "William Rogers," for 1s. 11d.—I know Richardson—he was one of them—I cannot be positive of Brown—Gayler came and asked what I had bought—I told him, and produced it.
JOHN GALVIN . I am in the employ of Messrs. Graham, of Upper Thames-street. I was on the wharf about ten o'clock on 2nd Dec, and saw the prisoners over the way, walking along the shore—Richardson had a bag with him, and two pieces of iron in it, which stuck out—I called the foreman—he sent me for the policeman—as soon as the policeman came one of them bolted round the barges, and the other up the sewer, and the policeman went after him—I had seen them the day before.
THOMAS BENHAM . I am in the employ of Edmond Sexten Perry Calvert and others. There is more than one partner—they missed four iron pillar-caps, which had been used, and were kept in a shed on the wharf—I saw the marks where they had stood on the morning of 2nd Dec.—I found footmarks there—these caps precisely correspond with others that are there—I looked outside the wharf, and saw an indenture where some had fallen in the mud.
RICHARDSON— GUILTY . Aged 20
BROWN— GUILTY . Aged 19.
Confined Nine Months.
MR. ROBINSON conducted the Prosecution.
CATHERINE MARY WILKINSON . My husband's name is Thomas. It is about two years since I heard of him—the prisoner was in my service—these things are mine—I never gave her authority to take them—I gave her a piece of carpet and a cap-ribbon.
Cross-examined by MR. CLARKSON. Q. Was it arranged that you should hold such property as "belonged to you? A. No—a deed of separation was drawn up—I have not got it here—I am not in the habit of giving my servants expensive things now and then, such as silk dresses—I have done
such a thing, but not to my present servant—I have given my lady's-maid dresses suitable to her, anything that I have worn—I have not forgotten it afterwards—when my servants have done a hard day's work I have given them a glass of mixed liquor—I have not been in the habit of drinking with them—I never saw one of them tipsy—I have not been so myself—I have not given this lace cap to any of my servants, and forgotten it—I have never said so.
CATHARINE WAGLAND (examined by MR. CLARKSON.) I have lived with Mrs. Wilkinson five months—I never saw her bring wine or spirits into the kitchen—I have seen her have a glass of wine in the kitchen—I cannot say how often—I will not swear that 1 have not seen her twenty times—she has not been in the habit of giving away her clothes when she has taken a little wine—I believe she has given me four dresses she has left off—I do not know what sort they were—I will iiot swear it was not more—she has not given me a dozen—she has given me three or four caps, and she may have given me half a dozen collars: I think not more—that has not happened after she had taken wine in the kitchen—she has not been in the habit of drinking more than other ladies, that I have seen—she has taken spirits in a morning occasionally, when she has not been very well—I do not remember to have given her raw spirits in a morning, in bed—I have taken spirits arid water in her bedroom, I cannot say how often—she has not given me caps and collars when I have done so—she gave me things when I had been with her about a month—I lived at Mitcham before that—I have never seen her tipsy.
EDWARD VINHER (policeman, B 85). On 4th Dec., at a quarter before one o'clock in the day, I saw the prisoner coming from Eaton-place with a bundle—I asked what she had in it—she said a little piece of carpet that her mistress had given her—I said, "Have you anything else?"—she said, "No"—I said she must go to the station—the bundle contained these articles—I saw nothing but the carpet outside—the inspector asked whose they were—she said they were hers, and her mistress had given them to her—I went to the house, and found her box locked—I found the key in her drawer, and found in her box this towel and handkerchief.
NOT GUILTY .
GUILTY . Aged 19.— Confined Six Months.
READ pleaded GUILTY . Aged 20.
SMITH pleaded GUILTY . Aged 17.
Confined Six Months.
GUILTY . Aged 28.— Confined Three Months.
271. WILLIAM WALKER , stealing 30lbs. weight of lead pipe, value 4s.; the goods of William Brooke, and fixed to a building; having been before convicted: 2nd COUNT, of the Westminster Improvement Committee.
MR. METCALFE conducted the Prosecution.
hands and knees, crawling away from the water-butt—I went and asked him what he was doing there—he said, "Nothing"—I took him into custody—he went one step outside, into the lane, with me—I called two other officers, and he turned and struck at me—they came up, and he struck at them—we took him to the station—I went back to the yard, and found the pipe of the water-butt severed in two; one piece was hanging from the wall, and a piece was missing, which one of the sergeants brought to the station—I had been in the yard an hour before, and it was safe.
Cross-examined by MR. PARNELL. Q. What was this lead hanging by? A. One part was leaning over the butt, and the other was hanging from the wall down on the ground—the yard was attached to the house—it is only a little cottage—you get into this yard by a door in the side of the wall—there are eight or nine cottages—it is a common water-butt—the persons in these cottages can get at it only by getting over the wall—the wall-door was not open that night—there was no one living in the cottage—the others were not empty then—the prisoner did not seem to be half asleep; he was very active—it was a clear moonlight night.
GEORGE CARTER (police-sergeant, B 17). I and Baker went to Buchanan's assistance, and found the prisoner struggling with him—I went to 5, Paradise-row, and saw this piece of pipe on the ground, it had been severed from the rest—it matched with the other.
Cross-examined. Q. This is an open yard? A. It is enclosed—the butt is common for the persons in that one house—there are butts in some of the other yards—I do not know whether there are in all—a man named Pitts, an acquaintance of the prisoner, lived there—the prisoner was very violent—I had several kicks from him, and some of them got bites as well—I used this piece of pipe to him.
WILLIAM BROOKE . I am a hardwareman. I believe the house, 5, Paradise-row, is not mine; it has been sold some time—there have been no deeds signed—I do not know the man's name who was in possession in the beginning of Nov.—I had the keys—I went there with the policeman.
Cross-examined. Q. You sold it some time ago to the Improvement Commissioners? A. Yes; I think it was in Sept.—I was waiting to be paid—I did not execute my conveyance—I have not been paid the money.
GUILTY . Aged 30.— Transported for Seven Years.
GEORGE LANGRIDGE WILLIAMS . I am a builder, of Bayswater. On 12th Oct., the prisoners were my servants, and occupied a cottage in the field—they said, that on the night of the robbery, the stable-door had been broken open, and three tarpaulins stolen—I missed two—they are here, and are mine—I owe Thomas about 1l. 7s. 4d.
ROBERT LOWDEN . I am a carrier. I bought a tarpaulin of Thomas for Ms.—he said 1 had better not take it away till he had seen the Magistrate; to know whether he was right in selling it for money his master owed him—I went to him three days afterwards; he was at breakfast; he said he was going to the Magistrate—I called on him afterwards; he said he had seen the Magistrate, and he had got orders.
Thomas Toms. These cloths were left in my possession for money he owed me; I went to town several times; I could not find Mr. "Williams; I saw his son, and he authorised me to sell them.
Thomas Toms. Q. Did I not ask you if you were going to pay me, and did you not say you would pay no more, for your father had got you into a great deal of trouble. A. No.
Thomas Toms's Defence. I, my three sons, and my daughter, have worked for him during the summer; the first week he brought my money short 25s., and he said, "You had better draw so much a-week, and have the remainder at the end;" I did so, and when it was done, there was 7l. 1s. 2d. due to me, but I could not get a halfpenny of him; he said, "I think it will do you a great deal of good in the winter-time."
NOT GUILTY .
273. THOMAS MILLER and HUMPHREY JONES , stealing, in the dwelling-house of Robert Hills, I coat, and other articles, value 5l., his goods: 1 pair of boots, 5s.; the goods of Ann Parrott: and 1 handkerchief, 2s.; the goods of Joseph Watkinson: and afterwards burglariously breaking out of the same dwelling-house: Miller having been before convicted.
ROBERT HILLS . I live at 1, City-terrace, City-road; it is in the parish of St. Luke. I had a coat, a seal, a pepper-castor, and other things safe on 4th Dec., about four o'clock in the afternoon—about ten next morning they were gone, and the house-door was found open—this seal is mine—Miller had been in my service.
JOSEPH WATKINSON . On the morning of 5th Dec. I went to a safe in Mr. Hill's back yard, and found the door and the passage-door open, and the coats, seal, and other things gone—I missed this handkerchief—it is mine.
JOHN SAVAGE . I am a pawnbroker. I produce this gold seal—Miller came to ask me if it was gold—he said he picked it up opposite the Bluecoat Boy public-hoase—I have a pair of boots, and also a handkerchief, which was pawned by Jones on 5th Dec.
Jones. Q. Did I give you my right name. A. Yes.
Jones's Defence. Miller asked me that morning if I wanted to buy a handkerchief; I said, "No;" I pawned it for him.
MILLER— GUILTY . Aged 17.— Transported for Seven Years.
JONES— GUILTY .—Aged 17.—Recommended to mercy by the Jury.— Confined One Month .
Prisoner's Defence. I picked them up.
GUILTY .— Transported for Seven Years.
JOSEPH PRESBURY . I live at 30, Caledonian-street, Islington. On 7th Dec. the prisoner came into my milk-shop, between six and seven o'clock in the evening—he came round the counter without his shoes, and went to the window, and took a tumbler from it—I was hiding behind the counter, he did not see me—I rushed out—he dropped it, and struck me two or three times, and called out "Brawney."
Prisoner's Defence. I never touched it; he seized me, and it fell down.
GUILTY . Aged 17.— Confined One Year.
Prisoner's Defence. I bought the articles.
GUILTY . Aged 28.— Transported for Seven Years.
277. JAMES WOOTON , stealing 3 handkerchiefs, and other goods, value 1l. 17s.; the goods of John Sloane Carter: 6 collars, and other goods, value 16s.; the goods of Richard Carter, the younger: and 1 shirt and 1 handkerchief, 3s. 6d.; the goods of Richard Carter: also, 1 hat, and 1 box, 3s. 3d.; the goods of John Linnington, from the person of Francis Charles Winsdale: also, 156 printed books, and other goods, 6l.; the goods of George Harttree: to all which he pleaded
GUILTY .— Transported for Seven Years.
GEORGE BAKER . I was with my brother, near Mr. Aylett's cottage, that day—the prisoner said to us, "What do you two blokes do here?"—we made no answer—he said, "Wait a bit, I am going to get my stick that I chucked in the ditch"—he got over, and we saw him cut the pipe off.
Prisoner. I was in bed at the time.
GUILTY . Aged 18.— Transported for Seven Years.
Cross-examined by MR. O'BRIEN. Q. How old are you? A. Seventeen—the spoons did not go all at once—they are from different sets—my father has been dead about two years—I was carrying on the business for the executors—it is a leather-cutting business—the prisoner left my service about two months ago—he was not conducting my father's business; he was journeyman—the executors were the masters; they lived there, and had the care of the place: John Smith is one, my aunt is another—here is a fac-simile of each of the spoons.
GUILTY . Aged 33.— Confined Four Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 18.— Confined Nine Months.
OLD COURT.—Thursday, Dec. 21, 1848.
PRESENT—Mr. BARON ROLFE; Mr. Ald. THOMPSON; Sir WILLIAM MAGNAY, Bart., Ald.; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
RICHARD PRITCHETT (policeman, A 270). On the afternoon of 14th Dec., I was coming through Vincent-square, Westminster, and saw the prisoner—I saw he had something concealed under his coat, and ran up to him—he immediately ran away, and dropped these three brushes (produced)—I went after him, and took him.
SARAH ANN RUSSELL . I am a widow, and keep a shop in Charlwood-street, Vauxhall-bridge-road. These three brushes are mine—they were just inside my shop—I missed them before the policeman brought them—I had seen them safe ten minutes before.
Prisoners Defence. They were given to me.
GUILTY . * Aged 18.— Confined Twelve Months.
THOMASINE ELLEN OSBORN . I am the wife of James Osborn. The prisoner was in our service—I had some lace, which my sister had purchased for me, in a work-table in the dining-room—I missed it on Thursday the 7th Dec.—I had seen it safe on the 5th—I called the prisoner, and desired to examine her boxes—she rather objected at first, but did not stand out—she gave me up her keys, and stood by while I examined them—I found a small quantity of coffee and tea, and different small articles, and in another box I found the missing lace—she acknowledged she had taken it, and said she was sorry for it—I also found this piece of dimity and a towel (produced)—they are my husband's property.
ELLEN M'CARTHY . I reside with my sister, the last witness. I was present when the prisoner's boxes were searched, and saw the lace found—the prisoner acknowledged she had taken it, and asked for forgiveness—she produced the keys herself—this lace is six yards, cut off a piece of fifteen.
Prisoner's Defence. I must have taken the lace in mistake, and put it there; I did not know it was there.
GUILTY .—Recommended to mercy.— Confined One Month .
Before Mr. Baron Rolfe
285. THOMAS POWELL, JAMES LEWIS , and GUILDFORD HYDE WATTS , were indicted for stealing, on the high seas, 1760 ounces of gold-dust, value 7000l., 2 chronometers, 4 cutlasses, 1 boat, and other articles, value 102l. 4s.; the goods of George Vickerman.
MESSRS. BALLAXTINE and CLERK conducted the Prosecution.
Mansion-house from Evans?, the superintendent of the Thames-police—I do not know what it contains.
GEORGE VICKERMAN . I am master of the brig Lemuel, and was so in July and August last. In July I was on the high seas, off the Gold Coast of Africa—from "26th July to 8th August, I received nine boxes of gold-dust, to bring to England as freight—one of them was from Mr. Andrew Swanzi—during the month of August, and during the time I received those boxes I was confined to my room at Elmina, through sickness—I placed the boxes in the corner of my room, where I was confined to my bed, and afterwards gave them to the second mate, Price—I gave him eight boxes on the 9th, and one on 10th Aug.—I gave him directions to take them en board, with the keys of my state-room, and to unlock the larboard lockers in the cabin, and put them in there—I had the key of the state-room with me, and the keys of the cabin-lockers were in the state-room—Price brought back the key I had given him—according to the bills of lading there were 1, 755 ounces of gold-dust, to the value of about 7000l.—on 11th Aug., about half-past nine o'clock a.m. the morning, I received a note from Price—the ship was then in Elmina Roadstead—I went to the Governor of Elmina Castle, and afterwards went on board the ship—the larboard lockers were then broken open, and the whole nine boxes abstracted—I missed a box containing two gold watches from the same locker; two chronometers, worth about 103 guineas, from the library; the cabin dial, north about 3l.; and four cutlasses—two guns were taken out of the cabin, and were found on the upper deck—two boxes of cigars, belonging to me were gone, and my boat also, which was worth thirty-two guineas, and was the only serviceable one belonging to the brig—I had not seen any of the prisoners at Cormantine—Powell was first mate officer of the Lemuel; the other two were seamen—the next day I went to Cape Coast Castle, and saw the prisoners in custody, and found the two chronometers, the gold-dust, and the cigars there.
Cross-examined by MR. CLARKSON.;Q.; How long has Powell been with. You? A. He sailed with me from Bristol on 27th Dec., 1847—I believe he has been giving himself up to drinking—I was not satisfied with him as a mate before this happened.
Cross-examined by MR. PARRY. Q.; Is Cormantine a town on the coast? A. A small African village—I was about twenty-two miles from there—at this time I had been not quite a fortnight anchored at Elmina—I anchored there on 28th July—I had received a bill of lading for a box of gold-dust before that, but did not receive it till I got to Elmina—my vessel had been trading on the Gold Coast four or four months—she is a trading ship—we were off the Gold Coast, looking for cargo—we purchase our own cargo—we sailed from England on 28th Dec, 1847, and were on the coast from February—I left the ship on 28th July, and was confined to my bed at Elmina till 6th Aug., and was away from the ship that time—the first mate is the next officer to me, and has sole charge of the ship when I am out of it, and tvery thing in it—Powell had only been chief mate that one voyage—I did not know him before—Price, the second mate, came to me because it was Powell's duty to stay on board during my absence—Powell had the same command that I had when I was on board—if any of the sailors had disobeyed him, they would have been guilty. of mutiny—I did not know Lewis before—I belive he is a very old sailor—by my articles he is between forty and fifty years old—I am twenty-six—I do not know how long Lewis has been at sea—he and Watts were sailors at the ordinary wages—I had only one boat on board, she was all to piees—the only serviceable one they took away—that is what we
call the gig—it is rather a stylish boat—the other had the bottom out—I had not given any orders to have it put in—my gig was the only boat we could put on water—we laid on the open sea, about a mile from the shore—we had eleven Europeans, and eleven Africans on board—I had been once to Cormantine, while on the coast, to take in Palm-oil—that was part of my cargo—we could jiet no water there, nothing but Palm-oil—I believe we were there two days—Powell was with me then—I left there on the evening of the 27th, and arrived at Elmina on the 28th—I was well then, and left the ship that evening, on business—I have been on the coast these nine years—Powell had not been there before to my knowledge—he is twenty-one years old on my articles—Cormantine is a much smaller place than Elmina—the chronometers are my personal property.
THOMAS PRICE . I was second officer on board the Lemuel. Prom the 8th to the 10th Aug. I was entrusted with nine boxes, by Captain Vickerman—I took them by his directions, and locked them up in a locker in the cabin—they were safe the night before they were taken away, the 10th, I believe—I did not see them, but the locker they were in was all safe about six o'clock that evening—I locked them up myself—about half-past three, on the morning of the 11th, Powell roused me from my sleep—I got out of my berth, and he took hold of my hand, and bid me good-by, on the quarter-deck—I asked him where he was going; he made no answer—by the time I got to the gangway he was in the boat, which was lying alongside the ship—she had been shoved astern in the evening—Watts and Lewis were also in the boat—I saw the boxes about midship in the boat; I did not see anything else—I believe they were the boxes I had locked up; they were of a similar kind—the men were sitting on the thwarts forwards—I went to the forecastle, and called our people—I then called-out to Powell, and told him that he was very foolish in going away from the ship, and that he would be caught—I hallooed it out loud enough for him to hear—he said, "We have begun, and we must go through with it"—I heard one of them say they had no water in the boat, and one of them said it was no good to go back after that—they then went away to the leeward—I did not see them rowing; they drifted down with the current to the southward—there was no boat to follow them with—we had one, but it would not float—I afterwards went into the cabin, and found the locker bad been broken open, the boxes gone, and the chronometers, dial, and other articles—the panuel of the state-room door had been knocked out—I found a bayonet bent in the cabin, and the locker had been forced open—we had nothing to tell the time by—I gave a note for the captain to a krooman in a canoe—it was soon after daylight—tbe captain came on board about half-past nine the same morning.
Cross-examined by MR. CLARKSON. Q. You were about a mile off Elmina-harbour? A. About a mile, or a mile and a half, lying at anchor—I suppose we were in about seven fathoms of water—there was an American barque lying about two cables' length outside of us—we had got a speaking-trumpet on board—we spoke them, but did not get an answer—this is not the first time I have recollected that—I was examined on the coast of Africa—there had been a jollification on board over night; I do not know whether they were all drunk—I was not on deck to see them—I was not pretty drunk—I cannot say that Powell was thoroughly drunk; he was in liquor—several parties on board had been drinking while the captain was absent, but not all the company—Powell had given way to drinking—he was drunk the greater part of the time—I did not see whether they had or had not any victuals on board the boat—I heard them say they had no water—it was 3 small gig, about
thirty feet long—I had no opportunity of seeing whether they had taken any bread or biscuit from the vessel.
Cross-examined by MR. PARRY. Q. What time did you go to bed over night? A. About nine o'clock—I am quite sure it was not eleven—there were others beside me sober—I bad the watch on deck, and remained till nine; then I called another man, Scotcher, a seaman, who was perfectly sober—he is not here—we did not have a supper over night—what Price said was, "Good-by, I am going"—I cannot recollect exactly whether he said, "God bless you"'—I should get up at five in the ordinary course—we had no means of stopping the boat—Powell came to me alone—I did not see any other men on deck at the time—Scotcher would go below when his watch was over; that would be at ten—I had been to Cormantine before—we could get fresh water at Elmina—the captain had been absent from the vessel for ten or eleven days—he had been absent several times on business, while we were off the Coast, for five or six days at a time; at one time he was away for a fortnight—I was under Powell's orders—I had been on the Coast before, I believe Powell had not—I had never sailed with him before—we had eleven Kroomen on board, and eleven Europeans.
BENJAMIN CATCHPOLE . I was master of the brig Tweed. On 11th Aug. last she was lying oft' the Gold Coast of Africa, about twenty-four miles from the town of Elmina—I saw Powell and Watts come on board my vessel about eleven o'clock that night—Lewis iemained in the boat in which they had come—we lay beyond Cormantine—they had had to pass Cormantine about two miles—we were hing westward of Elmina, and eastward of Cormantine, off a place called Saltpond; that is beyond Cormantine, coming from Elmina—the coast in that part runs from X. W. to S. E.—I think I asked Powell where he was going, and he gave me to understand that he was going to Cormantine for things left behind by the ship—there was a high sea running that night, too much for landing—two of them remained on board all night, and the other in the boat—I saw the boat in the morning, and the three prisoners in it—they were pulling away from the ship, direct towards the shore—Cormantine was to the westward—in consequence of seeing that they did not go towards Cormantine, I went on shore, and made a communication to Mr. Swanzi, and in the middle of the day I saw the three prisoners in his custody.
Cross-examined by MR. PARRY. Q. I think you only spoke to Powell? A. I believe not—I had never seen the prisoners before, to my knowledge—I invited Powell down to my cabin, and we drank together—he might have been there half an hour—they started at half-past six o'clock next morning—Powell slept in my cabin that night, on the sofa—I had been oft the Gold Coast about six weeks—I had no gold-dust on board—the gold-dust is got from the merchants—there are some native merchants correspondents of merchants in London—the prisoners could not have got on shore that night with safety—I had had no communication with the Lemuel before—I knew she was on the Coast, and was to sail—I had sent letters by her, and I had seen the captain on shore.
ANDREW SWANZI . I am a merchant. On 12th Aug. I was residing at Anamaboo Fort, on the Gold Coast, where I am Commandant—on 11th Aug. I received a communication from Captain Catchpole, and ordered my canoe out, and went with him on board the Tweed—I sent a man to the masthead, but the boat could rot be seen—I followed in the direction explained to me by Captain Catechpole, keeping at such a distance from the shore that I could see on shore. and also a good distance out at sea—I had a telescope
with me—I proceeded from west to east, in which direction the coast runs in that particular part, going away from Cormantine past it—that would be the way a boat would go to St. Thomas's—by means of my telescope I made out a boat lying off the surf at a safe distance from it, and two men in her—she was nearer to the shore than I was, and to the westward—I pulled in-shore immediately, in order that they might not suspect I was pursuing them, and when I got within forty yards of them they saw me—they pulled through the surf, and the surf took them in, and by some means they got on shore safely—they were Powell and Lewis—I pulled through the surf also, and landed about thirty yards from them—I found their boat pulled up on shore, and Powell and Lewis standing close to it, and Watts appeared immediately afterwards close to the boat—I did not see him at first—there were a great number of natives present, some of whom had a clothes-bag, which was rather heavy; they were pulling it away, it was afterwards found to be the bag in which the gold-dust was—another native had the chronometers, and two natives had two of the cutlasses—I said to the prisoners, "You are my prisoners"—one of them, I do not exactly know which, made a remark that the bag contained valuable property—I was entirely surrounded by the people, and expected to be attacked myself—I was not attacked—I am well known on the coast—I got possession of the bag, and afterwards found it contained the gold-dust—I did not examine it at the moment—it was in different-sized packages of different value—many of them were broken, and also a great quantity of gold-dust loose—I have recovered it all, with the exception of a few ounces—I had transmitted a portion of the gold-dust myself—the box has not been opened since it came to England—the seals of the Lieutenant-Governor of the Gold Coast and of the Lord Mayor are on it—(the box was here opened)—here are three of the packages which I transmitted to my brother, and which he sent on board the Lemuel—I have the bill of lading—one of these packages is worth about 200l. (opening one)—when I first took the prisoners, one of them, I think Lewis, remarked that the mate's jacket was in possession of the natives—I recovered it, and it contained a small package of gold-dust—they were taken into custody, and an examination took place at Cape Coast Castle, and I saw the gold-dust and the other property produced—I have seen them since—they are the same that I recovered from the natives—I gave the boat, and all the articles captured, into the possession of the Judicial Assessor of Cape Coast Castle—he is the chief Magistrate on the coast—Mr. Vickerman saw them there in my presence.
Cross-examined by MR. PARRY. Q. How long was their boat ashore before you got ashore? A. Not more than two minutes—I did not know the prisoners at all—I had not had any communication from the Lemuel before this.
GEORGE VICKERMAN re-examined. I saw two chronometers at Cape Coast Castle produced by Mr. Swanzi—they were mine—they are now at Bristol—I have seen the other property—it had all been left in my charge on board the vessel.
(John Collins, parish clerk of St. George's, near Bristol; Thomas Brooks, master mariner; James Cook, master mariner; and----Seeley, nurseryman, near Bristol, gave Powell an excellent character.)
POWELL GUILTY . Aged 22.— Transported for Seven Years. LEWIS GUILTY . Aged 54.—WATTS GUILTY , Aged 24.—Recommended to mercy by the Jury, being to a certain extent under the guidance of Powell.— Transported for Seven Years.
MORAN GUILTY . Aged 23.
BREAD GUILTY . Aged 23.
Transported for Life
JONES GUILTY . Aged 17.
BARNES GUILTY . Aged 18.
Confined One Year.
NEW COURT.—Thursday, December 21st, 1848.
PRESENT—Mr. RECORDER and Mr. Ald. SALOMONS.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 36.— Confined One Year.
HUGH PATERSON . I am a seaman, on board the ship Franklin. She came into the London Docks on 29th Nov.—the prisoner was one of the crew—I came on shore with him about five o'clock that evening—we went to a public-house—I missed the prisoner there—I returned on board the next morning, and missed the articles mentioned—those produced by the officer are them.
ELIZA EMERY . I am single; I live in New Gravel-lane, Shudwell. I saw the prisoner at the White Swan on Wednesday night, 29th Nov., about eleven o'clock—he gave me these clothes—he said he had left the ship, and they were his clothes I was to pawn them the next morning—I pawned them at Mr. Hawe's—I went there again, and they were detained.
ROBERT FROST SMITH (policeman, K 277). I received most of these things from Mr. Hawes, and from Mr. Cohen—one of these shirts is marked with the prosecutor's name—I found this in the prisoner's breast, at the station.
Prisoner's Defence. I bought the clothes of a man on board the ship.
GUILTY . Aged 20.— Confined Nine Months.
WILLIAM DITCHMAN I live at 5, Buckingham-street, Caledonian-road, in the parish of St. Maty, Islington. I am a solicitor's clerk—On 12th Nov. I left home about half-past eleven or twelve o'clock—I left my servant at home—I returned about half-past ten or eleven in the evening—I then missed the articles stated, and a few others—I am afraid 40l. would hardly replace them—they were worth a great deal more than 10l.—the articles produced are some of them.
CHRISTIANA SHETHER . I am servant to the prosecutor. On Sunday evening, 12th Nov., I left the house at a quarter before seven o'clock—I lelt the street-door fastened, the latch was closed—I tried the door with my hand, so as to ascertain that it had caught—I returned at nine o'clock—I missed a hat from the back parlour, and the other articles stated.
prisoner came from Mr. Ditchman's street-door, and asked if anybody was at home—I said, "No, "but if there was any message I would deliver it when the person came home—he said there was no message, only say that the man called from 15, Walton-place, Caledonian-road—at a quarter-past eight I fetched the supper beer, and I saw a light move in the front bed-room of the house, so as to intimate that there was somebody there—I thought it was the girl.
Prisoner. Q. Did you see my face? A. Yes.
Prisoner. I can prove I was at Woolwich the very day this happened. Witness. I had never seen him before—his face was towards me—there was light enough for me to see his features—I am sure be is the man.
Prisoner's Defence. I have had that knife twelve months, and the hat I bought on Sunday morning, 3rd Sept.
JAMES BRAKNEN (police-sergeant, N 9). I was with the other officer when the prisoner was taken—he had this hat and this handkerchief on—I told him where these things were lost from—he said, "I can prove where I had the handkerchief from, and the hat I bought in Petticoat-lane for half a crown.
WILLIAM DITCHMAX re-examined. lean swear to the knife—I had had it a month or six weeks—it was in the pocket of the trowsers that were taken—I had used it on Sunday morning—a piece was broken off—I have no doubt about this hat and handkerchief being mine—a short time before, I was out, and a person who distributes tracts came—I took one, and my hat being rather too large I put this tract inside the lining, and it was found in it when the hat was found on the prisoner's head—this is it.
GUILTY . †— Transported for Ten Years.
290. SAMUEL SIMMONS , stealing 3 marten skins, value 7l. 10s.; 7 ounces weight of gold orris, 2l. 10s.; and 1/4 of a yard of gold cord, 1s.; the goods of John Bradshaw and others, in the dwelling-house of John Bradshaw the younger.
GEORGE DAVIS . I am in the employ of Mr. John Bradshaw, 27, Vine-street, Regent-street—he has two partners—he is a military tailor and gold laceman. On 7th Dec. I was cleaning the braid for the shop-window a little before eight o'clock—the prisoner spoke to me, and asked if we had any old clothes to sell—I told him "No"—he asked me to save him some gold lace—I told him he had better speak to Mr. Bradshaw—he asked me if I could not get him some, as he thought I should want a few shillings, and he asked me to meet him at the Bull and Mouth—I told him I could not that evening, I would on the Monday—on the Monday morning he passed by, and beckoned me—I nodded, but did not speak to him—he held up eight fingers, I thought he meant I was to meet him at eight o'clock—I went at eight, and did not see him—on the Tuesday morning he came and said I was to meet him that night, at nine, and he said, "Bring some sable and some lace; the more the better"—I went at nine, but did not see him—on the Wednesday he came, and came into the shop—I said to him, "You were not there yesterday"—he said, "Yes, I was, in the evening"—he asked me if I had these things ready for him—I said, "Yes, I had a few"—he said, "Give them to me"—I opened the drawer, and gave him a few sables—he took them, and asked for more—I said I could not get more, because the drawers were locked—he
then asked me for some gold—I gave him one skein of gold—I said I had no inore—he asked if I could not get more—I went to the window and gave him two quills of gold—he asked ine to meet him that morning, at the corner of Sackvillostreet—I said I should not be able to come—he said, "Try"—he spened the door, winked with his eye, and went out—the officer went after him, and took him—I had told. Mr. Bradshaw, when the prisoner first came—I did ail this with the knowledge of Mr. Bradshaw—I gave the prisoner the sables and gold, and I had my master's permission to take them.
JOHN BKVDSHAW . I have heard the evidence of Davis—in what he did, in handing these things to the prisoner at his desire, he was acting under the authority of myself and the police—on the Monday morning he informed me that he had been solicited to commit a robbery—I communicated with the police, and what passed from. Monday morning, was under their direction and mine—I did not intend my servant to make a gift of these things—we had no other means of detecting him—he came, and asked, "Have you got anything?" "Have you got anything ready for me?" "When will you meet me?" "Bring so and so with you when you do come"—and so on.
Cross-examined by MR. METCALFE. Q. You had sent some of these things with the boy, in order that he might meet this man? A. No—I knew he was going to meet him.
ROBERT LESTER (police-inspector A.) I concealed myself in Mr. Bradshaw's premises on the Wednesday morning—I saw the prisoner enter, and a conversation ensued—the whole of it I did not hear—Davis said, "I was there yesterday morning"—the prisoner said, "Was you? What have you got? let me have them now"—Davis put on the counter three skins, which the prisoner laid hold of, and put in his bag—the prisoner then said, "Make haste! some gold or gold lace"—then the quills of gold were put towards him, on the counter, by Davis, which were taken by the prisoner and put into the bag—he then said, "Make haste! more sables"—the boy made some remark that he had not got the keys—he said, "Meet me about ten o'clock, and bring more sables and gold"—he went out, I permitted him to go about thirty yards from the house, I then took him—I said, "What have you had of that lad?"—lie said, "An old coat, sir"—a shop-door was open, I put him in, and showed him the skins and the gold—I took him to the station, and said, "These things you have been charged with stealing"—he made no reply—I found this gold cord in his pocket.
Cross-examined. Q. Where were you? A. In the cupboard—I could see what was going on, through I crack—I could not see so plainly as if I had been out—I am quite sure I am correct in saying that the things were put on the counter—if the boy said he put them in his hand it is not true—the prisoner said he was married, and had six children at home starving—I went to the house, they are in great distress, I believe.
GUILTY . Aged 40.—Recommended to mercy by the prosecutor.— Transported for Seven Years.
MR. PAYNE conducted the Prosecution.
in Harrow parish. On 6th Sept. I had nine wether sheep and one ewe there—I saw them safe between ten and eleven o'clock that morning—in consequence of information, I went on Sunday afternoon, the 10th, in search of one of the sheep—after searching some time, I found the fore-quarters with the skin on—it was the skin of one of my wether sheep, and the entrails were underneath—I took away the two shanks to my house, and afterwards gave them to the policeman—we left the remainder on the spot till night; Harris then took it—I went with Colebrook and two other policemen that Sunday night, between eight and nine, to the prisoner's room—we found him in bed; he came down, partly dressed—Colebrook asked him what he had for dinner—he said, "Some dumplings"—Colebrook asked him if he had had any mutton for his dinner; he said, "No"—he asked him whether he might search; he said, "Yes"—we went up stairs, went to a cupboard, and found some dumplings and some mutton, which was cooked—it was part of the hind-quarter, cut rather differently to what a butcher would cut it; it was part of the loin, and under the bed was a bone partly picked, and a marrow bone—there was a box near the bed—Colebrook said to the prisoner's wife, "What have you got here?" she said, "You break that if you dare!"—he gave it a shake, and found there was something in it—he lifted it up, and pulled it open—he found the thick part of two legs of mutton salted—Colebrook said to Johnson, "You are my prisoner"—he asked him where he had the mutton—he said, "At Edgeware"—I had branded my sheep myself, with, pitch, with the letter "L" in a ring.
STEPHEN COLEBROOK (policeman, S 289). I went with the prosecutor, and Braddle and Harris to the prisoner's house—after a while, he came down—I asked him whether he had had any mutton for dinner—he said, "No"—I asked if he bad any in his house—he said, "No"—I followed him up stairs, and in the cupboard found some mutton cut like mutton chops, and some dumplings; and in the box two parts of the legs of mutton, and the back bone wrapped up in some blankets—the prisoner's wife was sitting on the blankets, and dared me to move them—after some time she got up, and I found the back-bone, a leg-bone, and a shin-bone—there was some meat cut off them—I asked the prisoner where he got the mutton—he said, "From Edgeware"—we were there two or three minutes, while the prisoner was getting up—there was time for him to have cleared the cupboard and taken out the things.
ROBERT BRADDLE (policeman), I went with the other officers—I have heard the account of the finding of the meat, it is correct—I kept the mutton delivered to me till it was handed to sergeant Ellis, at the station—I got it again on the Monday morning—the bones were compared by a butcher with those parts found in the field, and they were the same.
CHARLES HAM . I have been a butcher twenty-six years. I examined the meat and bones given me by the policeman, with the parts in the skin of the sheep—they corresponded exactly—they satisfied me to a certainty that they came from the same sheep—I fitted the chine-bone and the leg-bone—I have not the slightest doubt that they were from the same sheep—they were not cut as a butcher would cut them, but very differently.
Prisoner's Drfcncc. I was coming home about nine o'clock; I met a man
who asked me to buy some meat; he set it down, I saw it was mutton: he said a farmer had had an accident with a sheep, and what was left I should have for 5s.; I bought it of him, not suspecting anything wrong.
GUILTY . Aged 33.— Confined One Year.
MR. PARNELL conducted the Prosecution.
JAMES WILKES (police-sergeant, S 43). On 27th Nov., about three o'clock in the afternoon, I went to the Hampstead-road with some officers, to attend a soldier's funeral at St. James's Chapel—I found a great many persons there—it was my duty to keep a thoroughfare for the soldiers to pass and repass to the chapel—a disturbance took place—there was hallooing, shouting, and throwing stones at me and my brother officers, and threatening to do us some injury—I heard a man say he would do for one of the constables—I felt a rap on the head with something, I could not tell what—I fell down—it made me insensible—when I came to myself, I found myself in a chemist's shop, and the blood running from my eye—I thought I had lost the sight of my eye—I was taken by two officers to Mr. Collins', and after that I was under the police-surgeon—I was ten davs before I could do duty.
Cross-examined by MR. PAYNE. Q. What was the matter at this funeral? A. Nothing more than usual—the people wanted to do as they liked—there is a yard in front of the chapel—the people were kept out of that, and out of the chapel—that was not the reason of their doing as they did—they were not allowed to do as they liked, to block up the thoroughfare—there was a band playing—there were not a great many soldiers.
THOMAS HOID . I keep a provision shop, in Dudley-street, St. Giles, and live in Mornington-crescent—I wanted to pass St. James's Chapel at the time of the soldier's funeral—I could not, as the mob was there, and I was obliged to stop—I saw different policeman there—I did not remark Wilkes—the policeman were pushing the people away to make a thoroughfare—I did not see any noise or disturbance—I saw the prisoner take up a stone, and throw it, and hit the policeman—I saw him fall into the hands of a gentleman—I kept my eye on the prisoner—he put his hands behind him, and got between two or three other persons—there were two or three policemen coming up, and I said, "That is the man."
Cross-examined. Q. "Were you driving your cart? A. No, my servant was driving, I was riding in it—I believe I took the whip to point the prisoner out—there is a wide road there—it is difficult for me to say how many persons were there: perhaps 200—I saw the prisoner's hand lifted up, and I saw the stone go—I did not know him before—he was taken in about five seconds after 1 had seen the stone thrown—the moment the policemen came up. I pointed him out.
JOHN SANDS (policeman. S 362). I was at the funeral with Sergeant Wilkes and eight or nine other officers—I saw Sergeant Wilkes when he was hit with the stone—the stone brushed my hat—I could not see who threw it—there had been several stones thrown before—I took the prisoner—Mr. Hord pointed him out—I did not see what sort of stones were thrown.
Cross-examined. Q. The prisoner denied that he threw the stone? A. Yes.
JOHN PARSEY I live in Devonshire-street, Portland-place. I was coming along the llampstead-road, about three o'clock, on the day of the soldier's—I saw a very largo crowd, perhaps 2000 persons—the policemen were
endeavouring to clear the passage—there was a great deal of hissing and hooting, and a rush made at the police several times—there were perhaps from fifteen to twenty policeman altogether—the crowd would not clear the way at all—I went up Robert-street to see if other men were coming, and I saw the superintendent coming down—I came down again, and saw Sergeant Wilkes in the arms of two policeman, in a perfectly insensible state.
Cross-examined. Q. Had the funeral arrived? A. Yes, and was gone into the chapel—the people were waiting to see the soldiers come out.
DANIEL TAYLOR (policeman, S 377). I was at the chapel—I saw the prisoner standing with another man, who was threatening the police—the prisoner was hissing—I heard the other man say, "I have his number down in my book, and I will mark the b----r"—that was 359—I am quite sure the prisoner was the man standing there—the man who made the remark pointed out to the whole mob, and said it to me.
HENRY WALLAN . I am a gardener, and live at 4, Bush's-buildings, Kentish-town—I had known the prisoner before 27th Nov.—about three o'clock that afternoon I was outside the gates of the chapel, on the opposite side to the prisoner—when the soldiers were coming out of the gates again, after the funeral, I saw him pick up a stone, and heave it—it hit the sergeant—I saw him stagger back—I was behind the prisoner when he threw the stone—he was about seven yards from the policeman—I told about this as soon as I went home.
Cross-examined. Q. If you saw him do this, why did you not tell about him? A. Mr. Hoid did—I had never seen such a funeral before; I was anxious to see it—I went before the Magistrate on the following Monday; I was not sent for for a week—I told Mr. North, one of the Kentish Town policemen—when the prisoner threw the stone he was standing towards the left of the gate—I was standing on the opposite side while they were in, but when they came out I crossed the road—the policeman came to me on the Wednesday—he said I should be wanted at the Marylebone-office on the Monday, at twelve o'clock—I never had any quarrel with the prisoner—the policeman did not offer me any money to come up and give evidence—I am a jobbing-gardener—I am out of work just now—I had no work on the day of the funeral, else I should not have been there—it is not above a week since I had work to do.
JUDAH COLLINS . I am a surgeon, and live in Mary-street, Hampstead-road. About three o'clock, on Monday, 27th Nov., Sergeant Wilkes was brought to my surgery—he was rather cold, and almost insensible—he was not aware where he was—his pulse was very low—he was almost in a state of collapse—I found a small wound between the eyelid and the external angle of the right eye—the skin was broken—the wound might be dangerous—it appeared mare to have affected the brain—it might have been caused by a stone—the ball of the eye was not injured—I suppose it produced the effect from the violence with which it was thrown.
Witnesses for the Defence.
ELIZABETH STOREY . I live in Little Albany-street, and go out washing. I was in Hampstead-road on 27th Nov.—I saw a stone thrown; it was not the prisoner who threw it; it was a man with a brown jacket and corduroy trowsers, and a blue neck-handkerchief—I saw the stone strike the sergeant—I am no relation of the prisoner; I am an acquaintance—we have known each other two or three years.
Cross-examined by MR. PARNELL. Q. Did you see more than one stone
thrown? A. Yes, several—I did not see the prisoner throw one—I did not see him there for a quarter of an hour before the stone was thrown—I waited till the procession was all over, and followed the soldiers.
COURT. Q. How near were you standing to the man who threw the stone? A. Next to him—I saw several carts there—I did not see an officer come round directly afterwards, and take a man into custody.
(The prisoner received a good character.)
GUILTY of an Assault. . Aged 28.— Confined Nine Months.
293. THOMAS SUCH and ALFRED NUNN , feloniously breaking and entering the dwelling-house of John Spankee, and stealing 1 medal, and other articles, value 5l. 4s.; and 2 5l. bank-notes, his property; both having been before convicted; to which
SUCH pleaded GUILTY . Aged 26.— Transported for Ten Years.
JOHN SPANKEE . I am a law-student—I live and sleep at 21, Old-square, Lincoln's-inn. On 27th Nov. I left my chambers about seven o'clock in the evening, and closed the door, so that the bolt would catch—I came home about nine—I found the outer-door open—I went up stairs, found the room-door open, and a bundle of clothes on the floor—my desk was open—I missed two 5l.-notes, a sovereign, a medal, a coat, trowsers, and several other things, worth above 5l., beside the notes and the sovereign—I went to the porter's lodge, and procured the assistance of the police—I found in my room a waistcoat, a cap, a skeleton-key which fitted my door, and a, chisel, which I delivered to the policeman.
ALFRED BLUNDELL (police-sergeant, T 9). On Monday night, 4th Dec., I was at Hammersmith-station, Such made a communication to me—I found on him a flannel-shirt, a handkerchief, 'and this key, which came out of Mr. Spankee's chambers—I got some information from him respecting some candlesticks, a coat, and book—he gave me details which satisfied me that he was one party who had been to these premises—what he said induced me to take Nunn.
JOSEPH THOMPSON (police-sergeant, F 11). On 7th Dec. I apprehended Nunn in Drury-lane—I had seen him and Such together repeatedly—I told him I wanted him for being concerned with Gipsey, which is the name Such goes by—he said he did not know such a person—I told him at the station I had his shoes, waistcoat, and cap—he said he knew all about that; there were plenty of tilings belonging to him—I tried them on, and they fitted him exactly—the shoes I am certain did; I had seen him wear them, and such a cap—when the prisoners were taken from the van to the cells, Such said to me, "How are you?"—I said, "Very well"—he said, "Have you found Spankee's crabs yet?"—I said, "No, I have not; but I know where they were sold; the lot only fetched 15s."—he then addressed Nunn, and said, "Did not the candlesticks turn out wedge?"—he said, "No, you know they did not," and laughed.
Nunn. Q. How do you know these shoes, that you say are mine? A. I have seen you wear such, and they fitted you exactly—I have seen you wear such a waistcoat as this—you were without a waistcoat the night after, and borrowed one of a man in a public house.
me, "Don't you say anything at the police court"—I said, "I shall say nothing without I am asked"—Such said to Nunn, "What did you get for the candlesticks?"—Nunn said, "155."—I was locked-up with them for two bours—one said to the other, "What is the use of your saying you are not GUILTY., you know you did it; and Lewis Lyon is out of the way."
EMMA JEFFS . I went to the prosecutor's chambers about eight o'clock—I left about a quarter-of-an-hour or twenty minutes past eight—I shut the door—I did not see anybody in the place—the candlesticks were plated with silver ornaments—there were silver spoons and plated forks.
Nunn's Defence. I know nothing about it.
Such. Nunn knows nothing about it.
NUNN— GUILTY . Aged 22.— Transported for Ten Years.
MARIA ANN BUTCHER . I am the wife of Thomas Butcher; we live at 49, Ironmonger-row. The prisouers came and lodged in my first-floor about five months ago—they passed as man and wife—my bed-room is on the same floor with theirs—I went out of town for my health in Sept.—I left my keys with Stevens—the places were all open—my business is the India-rubber and brace work—the prisoners left me three weeks last Friday—I afterwards missed a scarf, which had been kept in my bed-room, and 37 sovereigns in a purse from my drawer—I went to Steveas with a policeman—he asked her about the scarf, and it was found in her box in my presence—the prisoners bad the appearance of having a great deal more furniture than they had when they lodged with me—they had scarcely anything when with me, and they were old things—the reason they assigned for leaving me was that they wanted a coalcellar—we said we would let them have one for 3d. a week more—Macers said he should lose as much as he gained by having to pay 3d. a-week more—I was told they paid 3s. a-week where they went to—they paid us 2s. a-week.
Cross-examined by MR. PAYNE. Q. Are you sure about the scarf being yours. A. Yes—Stevens said she could not tell how it came there—Macers was taken where he was at work.
COURT. Q. Would the keys you left with the female prisoner open the drawer where the money was? A. Yes—there were other lodgers in the house—Stevens at first waited upon me—I had not a servant afterwards—I have a girl now—the prisoner remained in the house three weeks after I came back from Margate—Stevens worked for me at garter work—my sovereigns were all of the present reign.
JOHN HARVEY (policeman, G 118). I went with Mrs. Butcher to the prisoners' lodgings—Stevens was there—I told her I belonged to the police, and charged her with stealing 37 sovereigns and a scarf—I asked her if she had any money in the house—she said sixpence was all that she had—I asked if she had a scarf, she said, "No"—she said I was welcome to search—I commenced searching—I found a black scarf, and this scarf was concealed in it—Stevens said, she did not know how it came there; somebody must have put it there—I found this small box—I asked her what it contained, she said, "3s. 6d."—I said, "Where is the key?"—she said, "My husband has got
it'—I took it to the stitior, it was broken open, and 5 sovereigns and 7s. 6d. were found in it, in a purse—the sovereigns are of the present reign—there were men and woman's clothes in the box me which I found this scarf.
JOHN WARING (Policeman, G 86). I took Maeers—he was asked if he knew the box—he said it was his—he was asked what was in it—he said, about two sovereigns, and there might be a shilling or two more, he could not say—I found on him a small key which unlocked the box—there were two small back brooches in it, besides the money—there were in the room new fire-irons and fender, new blankets, and a varity of things, as if persons had set up afresh.
Cross-examined. Q. When the man said there was about 2l. in the box, and you found 5l., did he give any explanation? A. He said before the Magistrate, that he intended to take out three sovereigns to put in the Saving's Bank, and he found the bank was shut—he did not say that 3l. had been taken out the day before, to put in the Saving's Bank, and he did not know it had been put in again—I took him on 6th Dec, at his employers, Mr. Milier's, in Goswell-street-road.
MRS. BLTCHFR re-examined. I do not know anything of this purse, in which the money was tound—the purse my money was in was as long again as this—it was a purse that was my father's—the prisoners had left for three days before I came to town and returned again.
Cross-examined. Q. Did you say you were sure this woman had the keys? A. Yes—she told me she gave them to my husband—my husband had not the charge of the money—he never knew I had it—he is seventy years old—I kept the money to keep him out of the workhouse.
Stevens. She left the keys in a box; I never touched them; and never had them in my possession. Witness. My drawers were open—I did not lock the drawer in which the money was—it was in a very long purse, in a corner of the drawer, under my things, under a little bos with cotton in it—I went away in a hurry for the boat—my scarf, I believe, was in a chest, which was locked, the key of the chest was amongst the keys—our things were left under this woman's care—she attended to me—I had the greatest confidence in her.
MACERS GUILTY .—Aged 25.
STEVENS GUILTY .—Aged 30.
HENRY STONE . I am a poulterer, and live in Great Chapel-street, Westminster—at a little before 12 o'clock at night on 9th Dec, two females came into my shop for a piece of bacon—whi'e I was occupied with them I missed a rabbit from the window—tiiore had been three rabbits there, and the middle one was gone—I weighed the bacon, and the females had to money enough to pay me—they turned to go away and I said "You had better put the rabbit on the board, or pay for it'—the woman walked on—I then saw the prisoner come to my shop, put his arm in, and take the bacon—I went after him—he threw the bicon over his shoulder, and it hit me in the breast—I followed him some distance, saw a policeman, and he took him—this is the bacon—I had cut it that evening—a neighbour picked it up.
GEORGE JACOB POWLEY (policeman, B 228.) I saw the prisoner run down Baker-street, and Mr. Stone close behind him—at the corner of New Tothil-street, the prisoner fell down, and I took him to the shop—this piece of bacon was given to me at the shop.
Prisoner's Defence I was coming along, on the right-Innd side of the
way, running, and this man called, "Stop him!" I did not take notice of him; I had had a drop ofdrink, and fell down; he collared me, and took me back to the shop, and asked the woman if it was me, she said, "No;" several persons said it was not me.
FREDERICK WILLIAM BALLARD ( policeman, B 79). I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted, April, 20th, 1848, and confined four months)—the prisoner is the person.
GUILTY . Aged 22.— Confined Six Months.
THIRD COURT.—Thursday, Dec. 21st, 1848.
PRESENT—Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Jury.
MICHAEL JAMES COX . I am shopman to William Brett. On 9th Dec. I missed a bullock's heart—I saw the prisoner running away with it under his arm—it was brought back in half-an-hour with the pipe on it, which matches with this pipe (produced).
Prisoner. I was at home. Witness. I am sure of you—I knew you by sight.
GUILTY . ** Aged 17.— Transported for Seven Years.
GEORGE ADAMS (policeman, A 356). On 2nd Dec, about half-past six o'clock, I found the prisoner in the area of 21, Gresham-street, with a leg of pork, a pound of cheese, and a half-pound of butter—Mrs. Moody identified it—the safe was broken open.
GUILTY . Aged 16.— Confined Six Months. Three weeks solitary.
GUILTY .— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
On 13th Dec. I had had too much drink, and went into the Red Lion—I had two handkerchiefs and a knife—these are them (produced).
WILLIAM THOMAS TABERNACLE . I am a licensed victualler—the police told me something, and I saw the prisoner trying Wagstaffs pockets in my tap-room—she looked to see if any one was watching her—a policeman stopped her, brought her back, and produced these two handkerchiefs and knife.
GEORGE BLOOMEIELD (City-policeman, 286). I saw the prisoner in Mr. Tabernacle's tap-room—she put her hand into two or three of Mr. Wagstaff's pockets—I searched her at the station—she produced these things, which Wagstaff identified when he became sober.
Prisoner's Defence. He took me into the public-house, gave me a handkerchief, and said, "put that round your neck;" as I was very cold—I was shaking him to rouse him up—I picked up the knife by the door.
GUILTY .— Confined Six Months.
GEORGE BRUNDELL . I live with my father, a baker, at Limehouse—there was some beef, potatoes, and pudding on the counter in this dish—they had been brought to bake by Mrs. Downing—the prisoner came and asked for her dinner—I asked what it was—she said a piece of beef, pudding, and potatoes in a parting dish—this was the only dish of the kind on the counter—she laid down 6d., I gave her 4d. change—she said it did not belong to her, but to Mrs. Elliott, who sent her for it—I did not know Mrs. Elliott, but gave it her as she paid for it.
WILLIAM HUXTEP (policeman). I took the prisoner—she said she met Mrs. Elliott in Church-yard, who asked her to go and get the dinner, that she got it, paid for it, and met Mrs. Elliott in Oak-lane, who gave her 2d.—she could not tell me who Mrs. Elliott was—I found this dish at the prisoner's house.
Prisoner's Defence. I fetched it and gave it to Mrs. Elliott; the dish does not belong to Downing.
GUILTY . Aged 18.— Confined Three Months.
OLD COURT.—Friday, December 22nd, 1848.
PRESENT—Mr. BARON ROLFE; Mr. Ald. COPELAND; Mr. COMMON SERGEANT; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq.; and the Third Jury.
ERLEBACH pleaded GUILTY .— Confined Six Months.
o'clock in the morning, Mr. Spencer left, to go to his business chambers, in the Temple—about eleven, Erlebach came and asked me for some books, which he got, and took away in a blue bag—they were 27 volumes of the "Penny Cyclopedia."
JOHN SPENCER . Erlebach was in my service—he left about six months back, but was still occasionally employed by me—I did not send him to my chambers on 11th Dec. for any books—he had no authority to take any—I saw them safe between nine and ten o'clock on the morning of the 11th, and missed them in the evening.
JOSEPH THOMPSON (police-serjeant, F 11.) In consequence of what Erlebach told me, I went to a book-shop, at 1, King's-road, Gray's-inn, and inquired for Mr. Dye—I did not find him there—I went again, about ten o'clock in the morning, and found him—his brother said to him, "This is the gentleman about the 'Cyclopedia'"—I was in plain clothes—I said, "I have called about the 'Cyclopaedia"'—Dye said, "Oh! the 'Cyclopedia;' here it is;" and he pointed to a table in the next room, on which it was lying; "I expected some one would call about it, "or something about it; "I expected it was not right; the book is worth between 3l. and 4l.; I was rather particular, and I took his address;" he gave me this slip of paper, with some name which I don't understand, and the address, "2, Amwell-street, "he said the boy had either 6s. or 6s. 6d., and he was to sail next day, and he was to give him 12s.—he said "he only asked 10s., but I should have given him 12s. if I had found it was all right"—I took the books, and produce them.
Cross-examined by MR. HUDDLESTON. Q. How long before you saw Dye had you been to the shop? A. Perhaps an hour and a half—I did not mention that I was a policeman—Erlebach was then in custody—I don't think he said that the reason he did not give the boy what he wanted, was because he wanted to inquire into the story—he said the boy told him they belonged to his mother, and he had gone there to inquire—I went to 2, Amwell-street, and saw Mrs. Erlebach.
MR. HUDDLESTON called
THOMAS POPE (policeman, E 117.) I was on the beat where Dye lives—he came to me, and said some one had brought some books, and he believed them to be stolen—he said he had been to the mother on the Monday night, and he should go again on the Tuesday night, and there was no person of the sort.
DYE (received a good character)— NOT GUILTY .
Before Mr. Baron Rolfe.
GUILTY . Aged 18.— Judgment respited.
Before Mr. Common Serjeant,
The prosecutor not appearing, the prisoner was
306. ELIZABETH ROBINSON was again indicted, with MARGARET UPTON , for stealing 2 shillings, 72 pence, 120 halfpence, and 48 farthings, the moneys of John Lloyd, in his dwelling-house, and afterwards burglariously breaking out of the same; to which
ROBINSON pleaded GUILTY .— Confined Six Months.
MR. CAARTEEN conducted the Prosecution.
SOPHIA LLOYD . I am the wife of John Lloyd, of Church-lane, Whitechapel, he keeps an eating-house—the prisoners were both in my service—on Sunday night I went up to bed, leaving the till locked, with about 2s. in silver, and about 12s. in copper in it—I told Upton to bring me up some water—she did so, and then I told her to go to bed—the other prisoner was down stairs all the time—I afterwards heard the street-door slam three times, which I had locked and bolted—I ran down, and found he till broken open, and the contents gone, with the exception of one halfpenny and one farthing—the door was just on the jar, and the prisoners were both gone—Upton was, afterwards brought by Mrs. Dufaur—I said, "Why, Margaret, how could you break open my till?"—she told me that she dad not do it, that Betsy did (Robinson was not present)—I said, "What with?"—she said, "A steel," and she showed me which steel it was.
JANE DUFAUR . I am the wife of Charles Dufaur, of Little Somerset-street, Whitechapel—I know the prisoners—I met them in Whitechapel—I asked Upton how she came to break open her mistress's till, and how much she took out of it—she said she took 4s. 6d.
UPTON— GUILTY . Aged 14.— Confined Two Months.
ROBERT GREY . On Monday night, 11th Dec, between six and seven o'clock, I heard a knocking on the roof of two of the houses in Great Camden-street—I called my master, and followed him and the policeman, who had a light, to the-top of the house, and saw Head on the roof, in the custody of a carpenter, whose name I do not know—Beasley was on the joists, in the custody of Correy and the policeman.
JAMES CORREY . I received information, went to this building with a light, and found Beasley on the joists of the house nearest to Church-lane—they are two unfinished houses—we secured him, and directly afterwards saw Head lying on his face in the gutter of the adjoining house—he was taken.
JAMES KING (policeman, G 192). I took Head on the roof of the house—I saw two pieces of lead cut—one piece was rolled up, and the other fresh cut—the lead remaining on the house corresponds with this (produced).
JAMES CORRET re-examined. I got a light, saw Beazley, and asked him if he would comedown—he made no reply—I told him if he did not 1 would come and fetch him down, and I went up and collared him—he struck me two on three times, had a blow in the ear; he knocked my light out—the coastable came and assisted me—I saw Head directly after lying in the gutter.
Cross-examined by MR. SLEIGH. Q. Have you got the trust-deed of the Company? A. I have—the bouse is in the parish of St. Mary Abbotts Kensington—I had been to the houses about a month before.
BEAZLEY— GUILTY . Aged 23.
HEAD- GUILTY . Aged 18.
Confined Six Months.
NEW COURT.—Friday, December 22nd, 1848.
PRESENT—Mr. Ald. THOMPSON; Mr. Ald.COPELAND; and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
KIMBLEY pleaded GUILTY . Aged 22.— Transported for Ten Years.
MR. PARRY conducted the Prosecution.
WILLIAM COLLINS . I am foreman to Barnett Moss, a glassman, of Leman-street, in the parish of St. Mary, Whitechapel. On 1st Dec. we had twenty boxes of plate-glass deposited there—the policeman called on Saturday morning, 9th Dee., and I missed three of the boxes; this is one of them, nearly entire—the plates in this were eighteen by fourteen inches—they were intended for silvering—the value of one of them, with its contents, was about 5l.—here is one square of plate-glass entire—there were twelve plates of this size in one box—the plates in the others-were smaller—this one unsilvered is worth 6s. 11d.—they are bought by the inch—here is the mark of the size of the plates on the bottom of this box—there is no mark of mine on it—here is one marked "24, 16 12;" that is twenty-four plates, each sixteen by twelve—these are precisely the sizes that are missing—the remaining boxes arc marked in the same way, with the company's mark.
THOMAS KELLY (police-sergeant, H 2). On Friday, 8th Dec, I and Giffbrd followed four men into Petticoat-lane—we could not get near enough to see who they were—we lost sight of them all at once in Petticoat-lane—we concealed ourselves in a house opposite to 8, Flower-and-Dean-street—we watched, and saw Thomas White, Kimbley, and two other men, go into No. 8—Gifford went off to get more assistance—before he returned Kimbley came out of No. 8, with a number of squares of glass under his arm—when he got about thirty yards I took him—we had a struggle, and some of the glass was broken.
ROBERT GIFFORD (policeman, H 89). I was with Kelly, and saw White and Kimbley go into the house, and two other men—I went to get assistance—when I returned Kelly had hold of Kimbley—they were struggling—I went to Kelly's assistance—I then went with another officer into the passage of the house we had been watching—I saw White in the passage, coining towards me, with some squares of glass under his arm—I afterwards found there were three—he saw me—he retreated back a few steps, and was in the act of putting the glass down, when I collared him—he struggled very hard to get away—with the assistance of another officer I dragged him out of the house—I left him outside, in charge—White was taken five or six minutes after he went in—the other two men escaped, the place is like a rabbit-warren—I immediately returned to the house, and found Elizabeth White at the foot of
the stairs, in custody of another officer—I went into the first-floor front room, occupied by Elizabeth White—I have seen her go in and out there—I have known her some time—I found a letter there addressed to Elizabeth Earl—the landlady said it was her room—I found on the bed four squares of plate-glass, and in the room this part of a broken box, and in the cupboard this apron-full of wood broken up, and this other quantity of broken pieces of wood—I picked out the pieces with marks on them—if a box or two of this description had been broken up, they would have had just this appearance—I found two other women in the bilk room; they were taken to the stition, as I found a small portion of the pieces of wood in their room—I went with them—they were locked up in the same cell with Elizabeth White—she said to them, "Don't cry; you will be turned up to-morrow; I would not have given it to you if 1 had thought it would have brought you into trouble; but mind, to-morrow we all know nothing"—one of the women said, "You ought not to have given it to us"—White said, "This is the b----y job that Long Turn was speaking about when he was having his tea."
Thomas White. You said that I had no glass in my possesssion, and now you say I had; you could not tell in the dark passage. Witness. There is a milk-shop opposite, and from the light from there I saw you coming out with it in your hand.
Elizabeth White. Q. Can you prove that it was me that said those words? A. Yes, because the other women were crying very much—I knew you before, and knew your voice.
Kimbley. This man is innocent; I am GUILTY.; there were three more persons, but these persons have nothing to do with it.
FREDFRICK RUSEELS (City-policeman, 69). I know the prisoner, Thomas White, by the name of Long Tom—the people about Bishopsgate call him so—I never knew him by any other name—I have known him these two years—they generally know people by a nickname about Petticoat-lane and Widegate-street—not one in twenty go by the right name.
Elizabeth White. It is my room; these men had no business bringing the things there: it was all chopped up when I came home.
GEORGE KIMBLEY , the prisoner, sworn and examined by Thomas White. Q. Was I one of the men who was with you in Petticoat-lane? A. No—I went to the London Docks in the morning—there were three men there waiting to get work—we waited till five o'clock, and came home—these men saw the boxes in the passage and brought them away—they took them to this young woman's room and broke them up—they gave me some glass to carry—I had too much, and I laid some in the passage, and when I came out they took me—White was not with me—the other men made their escape out of the window—White was in the shop till he left to go to tea, between five and six—he had a jacket to make—it was yesterday fortnight.
Thomas white. I had not the glass in my possession; I was going to tell a young woman I was to stop up all night, because this jacket was to be done by lour o'clock; I never saw Elizabeth "White before.
CHARLES MACKINTOSH . I am a tailor, of Crooked-lane—I have been in manager to Cook and Co. for thirteen years—I know White well—he served has-time in Crooked-lane—yesterday fortnight he worked till four or five o'clock in the afternoon, and left his work unfinished—I do not think he came to work on the Friday—I did not know ho was in trouble till last Saturday.
Kimbley. It is false. Witness. He is the man—he was tried in the name of William Martin—I was present.
THOMAS KELLY re-examined. I know he was convicted, and had twelve months, and on the very day he came out of prison, a person came and told me to take him for stealing a coat—I was present when he was committed for trial, but was not at his trial.
THOMAS WHITE— GUILTY . Aged 22.— Confined One Year. ELIZABETH WHITE— NOT GUILTY .
THOMAS DARE . I live at 27, Praed-street, Paddington. This money was taken from the Fountain Abbey public-house—I do not live there—Mr. George something Howard is the landlord—I am secretary of a society held there, called the "Friendly Potters"—the rules are not enrolled—the money belonging to the society is kept in a box, which is in the landlord's care—the prisoners were stewards of the society—each of them had a key of the money-box, and I also had a key—there are three locks to the box—the landlord had no key—I left my key with the barmaid—I went into the room where the box was on the 4th Dec.—I found the box on the table—one key was in the lock, and another key was on the top of the box—one of those keys was mine, and the other was Butterfield's—it required the three keys to be used to get the box open—when I had been in the room about ten minutes, a boy came, and produced a small parcel, sealed up, containing Clark's key, and some papers belonging to the club-business, a member of the club came in, and 1 opened the box in his presence—I found in it 18s. 2d.—the last time I had seen it was a month before—there were then ten sovereigns in it—I know what money had been duly expended in the meantime—the prisoners were given in charge by a member of ours for taking this money—they did not deny taking it, but they both said they had a right to it—they have been for some years members of the society—their business was to collect and pay the sick-money—the receipts which were brought to me spoke of 3l. having been paid away—the prisoners claimed to keep the other 7l., because they thought there was some dispute in the club, and they did not like different matters, and they would help themselves—fresh stewards have been appointed.
Cross-examined by MR. PARRY. Q. There is a benefit society and a loan society? A. Yes; I am secretary of the benefit society—the prisoners and myself were the only persons who had the keys of this box—the prisoners had paid 3l. for sick-money—I did not give the prisoners into custody—Mr. Wildman did—I went to the station-house with them—I did not want to have anything to do with it, but if I had not come forward I should have been blamed by the society—these men have been about ten years subscribers to this society—one of them has never received anything from it—Clark has received some pounds—they pay 2s. a month—the surplus funds oi the benefit club are used by way of loan—there have been complaints that the money of the club has been lent on bad security, or on no security—I have nothing to do with the loan society, I do not pretend to know anything about it—the prisoners said, "We will give the money up, if the Magistrate orders it"—the Magistrate did not order them to give it up—I have borrowed of this fund many times—I now owe 3l. or 4l.—I have not introduced my friends to it—I do not know whether there have been many defaulters—the prisoners said they took this money to protect themselves and their fellow-members.
NOT GUILTY .
THIRD COURT.—Friday, December 22nd, 1848.
PRESENT.—Mr. Ald. HUMPHERY; Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Edward Bullock Esq. and the Third Jury.
GUILTY .— Confined Six Months.
WILLIAM DENNIS . I am a florist, of King's-road Chelsea—the prisoner was in my employment as a gardener—I missed some seed potatoes, called "The Regent," from a cellar under a green-house—those produced are of the same sort; I cannot swear to them—they were always locked up—I never gave the prisoner, or any one else, permission to take any.
JOSEPH HANSON (policeman V 133). In consequence of information from Dennis, I concealed myself under the green-house, and saw the prisoner come through a hole out of the green-house into the cellar, and fill his pockets with potatoes—I followed, and told him I was a policeman, and should take him for stealing potatoes—he said, "I have only got a few for my dinner, I do not consider I have stolen them"—I found twenty-seven in his pocket, at the station.
Prisoner. I had nothing to eat all day; I picked out some good ones and was going to roast them under the furnace, where the men often do so; I only had 9s. a week
GUILTY . Aged 38.— Confined Three Months .
There were two other indictments against the prisoner.
EDWARD COTT (City policeman, 285). On the evening of 4th Dec. I was in Plough-court, Holborn, near Field-lane—I saw the prisoner and another man carrying a hamper—they came to the end of the court, saw me, dropped it, and ran away—the prisoner ran towards Field-lane—I knew him before—I am sure he is the man—I took care of the hamper.
Cross-examined by MR. PAYNE. Q. The bottles were empty? A. Yes—I went after the man who is not here—the court has no thoroughfare, except through the back-doors of the houses in Field-lane, which open into it.
Cross-examined. Q. Where was it? A. In an open passage, which has an iron gite to it, that was not locked—Hairy Samuel Fearon is the name under which the trade is carried on—the firm is Paul John Fearon, his brother, and mother.
HORATIO ANDERSON (policeman, G 12). I took the prisoner in a public-house in Goswell-street'—I told him whatior—he said he was not the man—he afterwards said, "Oh, what a bid '"—I had heard it was a man named Glynn—I did not have a description of him.
NOT GUILTY .
Before Edward Bullock, Esq.
WILLIAM CLAPHAM . I am game-keeper to Sir Charles Hulse, of Dagenham Reach, Essex. On Saturday morning 14th Oct., about ten o'clock, I missed a boat of Sir Charles' from the Reach-shore—I had seen it safe about ten the morning before—I have not seen it since—I knew the prisone r—he formerly lived with Lady Page Turner, at Dagenham Reach—he left her about two years ago—I never saw him after that, till he was in custody—I never gave him any authority to use the boat, and never lent it to him or to any one.
JANE CLAPHAM . I am wife of last witness. I know the prisoner by sight—on Friday morning;, 14th Oct., I saw him take the boat away—I ordered him not to move it from the shore, but he took it, and never brought it back.
Prisoner. Q. Did not I borrow the boat of you, and some oars? A. No, I did not lend you a pewter pot to bale the water out—you did not say you wanted the boat to find your own boat, which was gone from the shore.
WILLIAM SHONK . I live at South-end, Hornchurch, near Dagenham. On 13th or 14th Oct. last, I was at the wall where the boat was taken from, and saw the prisoner coming along on the wall—he came up to me—I said, "Halloo! young man, what are you after here? I thought you were on board of a barge"—" So I am, "he said, "but my barge is higher up; I am after this boat; lend me a hand to shove it on;"'—I did so; I said, "Have you got any sculls V—he said, "I am going to have a pair out of that house"—I then left him.
Prisoner. Q. Did you not see Mrs. Clapham give me the sculls? A. No.
Prisoner's Defence. I borrowed the boat to look after my own boat; I rowed about for two days, looking for it; I left this boat at Limehouse, and in the evening, when I went to take her home, she was gone.
GUILTY . Aged 19.— Confined Four Months.
(There was another indictment against the prisoner.)
Before Mr. Common Serjeant.
MR. ROBINSON conducted the Prosecution.
ELIZABETH WILLIS . I live at Stratford, near the prisoner and his mother. On Monday, 16th Dec, I saw them at the house, he was in a passion with her, and said, "You old b----r, I will kill you;" he took her up in his arms, and threw her down on the door-sill, which is rather higher than the stone steps—she said, "Oh Sail! Sail! pick me up!"—she was picked up, and walked into her own house, and the prisoner also—he took her up and threw her down again on the floor, using the same expression—she groaned very heavily—she had done nothing to him that I knew—I did not see her again till Wednesday, she was then dead.
ELIZA WRIGHT . I lived three doors off the prisoner and deceased. On Monday evening I heard him quarrelling with his mother in Walpole's house—he was ill-usins; her, and knocked her down on the step—she said, "Sail!
Sall! pick me up!"—she went into her own house, he followed, and dashed her down again with violence, using violent language—she was taken into Burling's—the prisoner said to him, "Take the old b----r away and keep her."
ANN HARRIETT M'LEOD . I am the prisoner's niece—my grandmother was eighty-five years old—her name was Mary Worslev—she and the prioner were sitting very comfortably together on this evening—he began swearing it her—I kit it a little after six o'clock, to go to Stratford—when I came back she was at Mr. Burling's—she came back to her own house next day—she went to bed that night—I slept in the same bed—about seven in the morning I got up, to get her breakfast, took it up to her, and found she was dead.
ANN DALBY My husband is a carpenter—we Jived next door to the deceascd—the fireplaces join, and you can hear very will if a person speaks loud, loud can almost hear even word—about six o'clock I heard most violent language between the prisoner and his mother, for nearly an hour—he appeared to be requiring her to do something—I heard his steps distinct;, as he walked the room, and heard him say, "will you do it' what are you looking for?" and he swnoe yet more violently, and said, "Don't aggravate me, or I will knock you down"—he swore in a most violent manner for some time, and then was quiet some time, and then I heard a heavy noise; groans followed.
THOMAS BURLING I am the prisoner's brother-in-law. I was called to the house, and found the deceased sitting on the floor with her arm over a chair and table—I asked if she had hurt herself—she said she had hurt her arm—the prisoner was by the fire-place—I asked him when she had hurt herself—he said her arm was hurt—I told the prisoner I should carry her into my house—he said, "Then take her altogether, and keep her"—I took her, and kept her till next night—she slept with my wife.
SARAH WALPOLE . I recollect the prisoner coming to the house that night—he said, "Mother, will you comein? '"—she did not offer to come—he pushed her, and she stumbled over a chair, and fell—he did not use the least violence—she went to her own house—the prisoner was very much in liquor—I have been to see him in prison—I have not kept company with him.
JAMES THOMAS -Vallance. I am a surgeon, of Stratford, and have known the deceased some years. I had seen her five or six days previous—her health was bad—she had diseased lungs, and general infirmity, being eighty years of age—I did not see her between the Monday and Wednesday, but received the coroner's warrant to makes post mortem examination—her lungs were thoroughly disorganized, but the left fourth rib was fractured, which would be calculated to accelerate her death—I cannot say that it did, because the rib hid not penetrated the chest, and there were other diseases—if she had been thrown down once or twice on the ground, it would be calculated to accelerate death—the fracture was recent; not of five days' standing.
Prisoner Defence. I kep ta very good home for my mother; I never ill-used her in my life; if I wanted to get rid of her, I could; I could have put her in the Union; she fell off two chairs a fortnight before.
GUILTY . Aged 37.— Transported for Seven Years.
West Ham. On 12th Dec., I sent a wagon from Plaistow to London—there should be no mixture but what was in the nose-bags—an officer gave me information, and I found this sack of mixture where the prisoner had put it; it has on it, it has on it, "W. Adams, West Ham," it is his—the mixture corresponds with his.
WILLIAM SMITH (policeman). I saw a wagon and four horses at the Coach and Horses, about ten minutes to seven o'clock in the morning—Faulkner the driver, who I cannot find, got out and lowered a sack from it—the prisoner, who is ostler there, took it into the house—I followed him—he put it behind the door—I took him there with it—I told him what it was for—he made ho answer for five minutes, and then said it was given to him, and he did not know what was in it—the nose-bags were full, in the wagon.
GUILTY . Aged 43.— Confined One Year.
GEORGE STREETER . On the morning of 5th Dec., I had a coat hanging at the right-hand corner of my window, at Stratford—it was safe when I left my house at twelve o'clock, and when I came back about ten at night it was gone—this is it—it is one I bought for sale—it has my ticket on it now.
LYDIA M'NAUGHTON . I am in Mr. Streeter's service—about three in the afternoon, on 5th Dec, I saw Ratty—I knew her before—she walked backwards and forwards before our door five or ten minutes—she then came with Green; I did not know him before, but I am sure it was him—Ratty stood at the end of the window for three or four minutes—Green then took this coat down from the door—I ran out and laid hold of his coat and tore it—he dropped this coat, and I took it up—he got away—I told Reardon of it.
Green. Q. Did I join this female? A. Yes, by the bridge of the Blackwall Railway, which may be a quarter of a mile from our shop; I never lost sight of you above two or three minutes till I met a policeman.
JOSEPH TICKELL , (policeman, K 170). On the afternoon of the 5th of Dec., Reardon came to me and pointed out the two prisoners—they were together—I took them into custody—I examined Green's coat—there was a small tear at the back of it.
Green's Defence. It is an old coat; it is torn in front, and behind too; I went to the West India Docks, and met with two mariners, who told me there was some work going on at Stratford; I went there, and when I got to Blackwall-bridge, I saw the female; I merely crossed, and spoke to her.
Ratty's Defence. I never saw this man before; he crossed, and spoke to me; I walked a few yards, and when the policeman caught him, I was a few yards behind him; I walked right up to him.
NOT GUILTY .
Before Mr. Recorder.
318. CHARLES ROBERT GATES was again indicted, with ELIZABETH SMITH , for stealing 2ozs. bacon, value 5d., 1 shilling, 3 pence, and 4 hall-pence, the property of James Armitage, the master of Gates; to whichGATESpleaded GUILTY ., and received a good character
Confined Fourteen Days .
JOHN CARPENTER (policeman, R 84). On 24th Nov., between four and five o'clock, I was on duty in Deptford Broadway with another constable, and saw the prisoner Smith loitering about a linen-draper's shop window which adjoins Mr. Armitage's—after she had been there a considerable time Gates came out, and commenced cleaning the door-plates—Smith went up to him, and they were in conversation some time—she then left, and was loitering about for nearly three-quarters of an hour—she came again, and loitered about the front of the shop, passing up and down, and looking in, and at last, when the shop was clear, she went in—I immediately went to the window, and there saw Gates supply her with some rashers of bacon—she did not pay for them—Gates opened the till and gave her a piece of silver, which I believe to be a shilling, and some coppers—she had not given any money for which that could have been change—she then came out—I saw her go into the shop five different times that evening, but I only saw her get something on the first and last occasion—she cot some cheese the last time, which she did not pay for; I am sure of that—I was within three yards of her—the counter was between us—I saw the till opened distinctly—Smith went into two or three public-houses during the evening, where she got some spirits and water—after she was supplied with the cheese she came back again to the shop—it was then shut up—she walked about a considerable time,. then stooped down and looked through the key-hole, and then walked away for about sixty yards, and then ran towards Deptford Railway station, from where she went up to London by the last train—I followed her in the same train, and when she got out at London-bridge she crossed the road, went through the Borough-market, Bankside, across Blacfriars-road, to Cornwall-road, Lambeth, went into 68, and up into the back bed-room—I followed close after her, and asked if she lived there, and what her name was—she said that was no business of mine—I said, "I am a police-officer, and I wish to know"—(I was in plain clothes)—she again said it was no business of mine, and she should not tell me—I said, "The fact is I have been watching you for some considerable time; I wish to know what you have in your basket"—she said it was no business of mine—I said, "I insist on knowing'—she said, "What I have got there is my own; I bought and paid for them, "and she produced some bacon, butter, cheese, and eggs—I asked where she got them—she said the bacon and butter at the Marsh-gate, and the cheese and eggs in the New-cut—I said, "You did nothing of the sort; the fact is you are charged with stealing these articles from the shop of Mr. Armitage, a cheesemonger, in Broadway, Deptford"—I then asked if she knew a young man living there—she said she did not, and she did not get them from Deptford; she did not know where Deptford was—I said, "Why you have just come from Deptford by the railway"—she said, "You are a Use speaking man: I was never there in my life"—I then took her to Greenwich station, went and took Gates, and at the station put them together, and said to Gates, "You are charged with stealing these articles; do you know this woman?"—he said, "I do; I have served her with these things"—she said, "Is is false"—he said it was not; that he had supplied her with goods before.
Cross-examined by MR. SLEIGH. Q. Did he not at first say she had paid for the articles? A. He did at first—Smith was quite alone when she went into the shop—I did not see her on either occasion put her hand to her pocket—she kept the money he gave her in her hand—the piece of cheese I found in her bssket exactly corresponds with a piece which I afterwards found in the prosecutor's shop, even to the taster (producing the two)—I had never seen Smith before—I did not go to London in the same carriage with her—the train stopped once at Spa-road, and I got out there and stood till the train went on again, and then immediately got in again, so that I am sure she did not leave—I was in the adjoining carnage—I swear she is the person I saw at Deptford—she had on the same shawl she has now.
JOHN WHITE (policeman, R 180), I was with Carpenter. I saw the-prisoner go into the shop about five times—I saw her receive articles at the counter on one occasion, but I could not see whether she paid for them or not—she is the woman—I watched her from a quarter-past four till half-past nine.
(Smith received a good character, but the officer stated that she was in the habit of inducing youths to plunder their employers).
SMITH— GUILTY . Aged 58.— Confined Six Months.
ROBERT ROWE . I live at East-lane, Greenwich. On Monday evening, 11th Dec., I was with Hewitt at a public-house in Woolwich—we left there, and she went to get me a lodging—we were not to lodge together—we went to a private house—I had been drinking—I undressed, and went to bed while both prisoners were in the room—neither of them came to bed—after I was in bed, M'Namara took a ring off my finger—it broke, and made my finger bleed—they both went away—I sung out I was robbed, got out of bed, and missed my waistcoat, which was on the bed, with a silver watch, guard and seal in the pocket—I afterwards saw it in the policeman's possession—I did not dress myself—I have seen the ring in the policeman's hands.
M'Namara. He sent me to get some gin on the waistcoat; I said I could not get any money on that, and he took the ring off his finger, and sent me with that. Witness. It is false.
ELIZABETH PRICE . I lodge at this house, and know the prisoners. On this evening they went up to bed with Rowe—he then had a watch in his waistcoat pocket, and a ring on his finger—he afterwards called out he was robbed—I went up, and his finger was bleeding—I gave information, and M'Namara was taken; she had the ring and waistcoat, and Hewitt the watch and handkerchief.
M'Namara. Q. You were not in the house at all that evening? A. I was—I heard them send for a quartern of gin, which Rowe gave the money for—I heard no subsequent order given for gin—I was in the house when they wont in—I then went out, and was away about ten minutes—the prisoners were never there before—it is a private house.
charge for stealing a waistcoat and ring"—she said, "I have got neither waistcoat or ring"—Price said she had got it—I pulled open her apron, and she dropped this ring and waistcoat—(produced).
HENRY WADLOW I took Hewitt in custody about half-a-mile off, at half-past twelve o'clock—I saw the guard round her neck—I said, I had come to take her for stealing a watch—on the way to the station she said, she intended to give it hack again—tins is it—'produced)—she gave up this handkerchief at the station, before she was searched.
Hewitt. I said the watch did not belong to me; I was going to give it to his daughter, as—he was in a bad house, and could not take care of himself.
Witness. She said she intended to give it back to him—he has a daughter living in the town—I do not think he is known there.
Hewitt's Defence. He met me, and asked me if I was not from Devonshire; he was so happy to see some one from Devonshire; and I said I had some things of his daughter's.
M'Namara's Defence. I lent him 4d. on the waistcoat.
HEWITT— NOT GUILTY .
M'NAMARA— GUILTY .— Confined Six Months.
ROBERT LUKE OLIVER (Thames-policeman, 31.) On 8th Dec, between seven and eight o'clock in the morning, I saw the prisoner come in a boat with two staves in it, from the John and Sarah barge, lying off Deptford, alongside the ship Wallace—I heard sounds as if there were two bits of wood going into an empty barge—I got into a boat, got alongside the prisoner's boat, and saw another boat rowing away—I went after that, but lost sight of it—it was dark—I returned to the prisoner and told him what I had seen—he denied it—I took him and the staves to the station—these are them—(produced)—I went to the John and Sarak, and found it loaded with similar staves—there was only one barge of staves in Deptford.
THOMAS CARTWRIGHT . I am a master rigger, at Noah-road, Rotherhithe. I was employed to discharge a cargo of staves into the John and Sarah, which is Mr. Heighmgton's property—by the tally in the river there were 2, 220, and when in the Commercial Docks there were only 2, 173, making 47 deficient.
Prisoner's Defence. They were not in my boat; the policeman put them into the barge himself.
GUILTY . Aged 33.— Confined One Month .
GEORGE SHLRRINOTON (policeman, R 167.) About fhe o'clock on the morning oi the 15th Dec. I was on duty in Thomas-street, Woolwich, and saw the prisoner with a large bundle on her shoulder—I stopped her, and asked her what it was—shi said she was going to the booking-office, to send in to her mistress, who was in London on a visit—I asked her who packed it
—she said her mistress's brother—I said she must go with me to her mistress—she said her mistress was Miss Dickson, of Nightingale Vale—I took her there—a young woman, who was undressed, opened the door, I therefore did not go in—the prisoner popped in behind the door, and I heard her say, "Tell the policeman you are my fellow-servant, and it will be all right"—I found the prosecutor lived next door, and I took her there—she was searched by her mistress—I opened the bundle, and found it contained a quantity of linen and wearing-apparel.
CATHERINE RACHEL COCKRANE . I am the wife of John Cockrane, of Nightingale Vale—the prisoner lived with me seven weeks—when she was brought by the policeman I searched her, and found she had on a pair of my stays—she gave me five silver teaspoons, two rings, and a brush, rolled up in a handkerchief, and said they were mine—the things in the bundle are all my husband's—I had a good character with her.
GUILTY . Aged 24.— Confined Twelve Months.
GUILTY . Aged 26.— Transported for Seven Years.
Before Mr. Common Serjeant.
MR. BALLANTINE conducted the Prosecution.
JAMES ROBERT AXTELL . I am the son of Ann Mary Astell, a widow, who keeps a boot and shoe-warehouse in High-street, "Woolwich. About six weeks ago I was cleaning the warehouse, and found a bag concealed on a beam, containing 2l. in silver, and a half-sovereign—I had seen the bag in the prisoner's possession—on 25th Nov. I marked six half-crowns and 10s.—soon afterwards I missed a half-crown—I searched the stable, where the prisoner used to look. after a horse, and found a piece of rag hid under a brick in the chimney, containing 5l. in silver, and the half-crown among it—I gave him in charge, and accused him of robbing us—he said he had not.
JOSIAH MARSH . I am Mrs. Axtell's shopman. On 25th Nov. I was in the shop with the prisoner, and heard money rattle—he was near the cash-drawer, which was out to the full length—he crossed the shop, and took up some boot-trees—in about two hours I saw him again under the counter, and heard money rattle—he said he went there to get a tree.
Prisoner. The trees are very apt to hit against the till and make a noise. Witness. He had told me before that he should soon cut it, and five months before he said he should leave.
GEORGE SUTTON (policeman, R 49). I took the prisoner, and found on him 24s. 10 1/2 d.—I asked him if he had been in the stable—he denied it, but afterwards said he had, after the pony—I took him there, and found the money laid in a hole with some hay over it and then a brick—he said he had received it for dung, bones, and other things—this marked half-crown was among it.
Prisoner's Defence. I generally had 6s. or 7s. given me at Christmas, and I laid it all by.
GUILTY . Aged 17.— Confined One Year.
BROWN pleaded GUILTY . Aged 13.— Confined Three Months.
JOHN CARPENTER (policeman, R 84). I was with two other officers on 18th Oct., and saw the prisoners at Charlton fair—I watched them twenty minutes or half an hour, and saw them go behind several ladies—Brown was pushed in between the other two, and attempted to pick their pockets—Gower was by Brown's side, and Cole behind him, so as to cover him—I saw them go to Mrs. Crawford in the same manner—Brown lifted up her dress with his left hand, and I saw him put his right into his own pocket with the purse in it—my brother-officer took him, and the purse was identified by the lady.
Cross—examined by MR. HORRY. Q. Was it as much as a quarter of an hour that you watched them? A. Rather more—Gower watched the motions of Brown the whole time—I never knew Gower before, he was examined three times, let out on bail, and has surrendered this morning—White came up the second time—he was not there the first time—I think there were only a few days between the first and the second remand—it was because we were at the Old Bailey, and could not attend—there was not a remand because there was no evidence against Gower.
Cole. Q. What took your attention to me? A. Seeing you putting the bov between you—I saw you all in conversation just outside the fair-field—I'was perhaps two yards from you—I don't know that there was anybody between you and I.
JURY. Q. Were the prisoners together when they went outside the fair? A. Yes—the two men were bending down to the boy, and they were in conversation—they went away twenty or thirty yards together, and after that came into the fair together, and tried four or five pockets—I saw them try one pocket before they went out of the fair—they were all of them together—I never saw them separate.
COURT. Q. Is Gladwin here? A. No, he is very ill; I have a certificate from the doctor—(Gladwins deposition read—"William Gladwin, on oath, says: 'I am a police-constable of the R division. I was on duty at Charlton fair. I saw the three prisoners together; I watched them nearly half an hour. J saw all three go to the farthest end of the field, talking together; they then returned into the fair, and stood in front of a show. I saw the prisoner Cole take the boy Brown, and place him between the prisoner Gower and himself, by the side of a lady. I saw him repeat the same thing, and afterwards stand by the side of the last witness (Mrs. Crawford). Gower stood a little in front of her, and Cole put the boy Brown between Gower and himself. I saw the boy put his hand into the pocket of the last witness, and take out a purse; he then showed it to the prisoner Cole, who turned his head, and seeing me look at him he gave the boy a nudge, and the boy put the purse into his pocket. I then caught hold of the two arms of the boy, and took the prisoner Cole, when White, the constable, came to my assistance. I searched the boy, and found on him the purse produced, which contained five sixpenny-pieces.' ")
Cole's Defence. I never saw Gower in my life; I went to the fair with Allen and another man, and was apprehended; on the road to the station I heard one of them telling the bov to say he was with him: I told the Magistrate; he directed an acquittal, only the policeman said he could bring a respectable person to say he saw us together in the fair.
GEORGE ALLEN . I agreed to go to Charlton with Cole on 18th Oct.—he said he was going to get a job to do—he was doing nothing; he was idle for the day—I overtook him going to the fair with a man named Wilson—we went into a booth, and had some bread, cheese, and beer—Cole went out for about ten minutes—I sent Wilson to look after him—he came in, and said he had been taken by two policemen in disguise—I live at 2, Vine-yard, Lant-street, Borough—I am a printer, but am not in work.
JOHN WHITE (policeman, R 180). I saw the prisoners together about a quarter of an hour—I saw Brown try several pockets, and the other prisoners were covering him—I am quite sure they were all three together.
Cross-examined. Q. You saw Brown standing between the other two prisoners? A. I do not think I saw that—he was in front, and the other two behind him.
Cole. Q. Did not you tell the Magistrate you had left us five minutes before we were apprehended? A. No—(the witness's deposition being read, did not state so.)
(Lewis Phillips and Jane Gower gave Gower a good character. Ann Kent gave Cole a good character.)
COLE— GUILTY . † Aged 33.— Transported for Ten Years.
GOWER— GUILTY . Aged 40.—Recommended to mercy by the Jury.— Confined Nine Months.
(Mr. Parnell offered no evidence.)
NOT GUILTY .
JOHN M'LELAND . I live at Deptford. On 6th Dec. I had this looking-glass—I received information, and ran out—I overtook Simmons with it—he said a man who was running on before him had given it him to carry—I believe the man who was running before him was Williams.
MARY MILLER . I live opposite Mr. M'Leland's—I was looking out of the window, and saw a tall man come out of Mr. M'Leland's shop with the looking-glass—I ran down, and told Mr. M'Leland—I had seen Simmons standing by the side of the door—the tall man was dressed like Williams.
SAMUEL NICHOLLS . I ran that day, and saw this glass with Simmons—he said the man in front gave it him to carry—when the man in front saw that I had got the glass he ran away—it was a tall man, like Williams—he ran into a bouse—I asked a young woman if he were there—she said, "No," he was gone by—I took a policeman, and found Williams in the cellar of the house.
(Williams received a good character.)
WILLIAMS— GUILTY . Aged 22.
SIMMONS— GUILTY . Aged 18.
Confined Three Months.
Cross-examined by MR. HORRY. Q. How far were you from him? A.
About two yards and a half—I was crossing the road near the Park—he took the pork, and ran towards Mr. Knox's, the Sun, which is about a hundred wards oil'—I could see Ins face; he was running sideways—I watched him run to the corner, and 1 went and told Mr. Staite, and he went in search of the prisoner.
GUILTY ., Aged 20.— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged—39.— Confined Nine Months.
Before Mr. Baron Rolfe.
MESSRS. CLARRSON and BALLANTINE conducted the Prosecution.
WILIIAM HENRY FLEMING . I am a brewer, of Camberwell-green. The prisoner was my clerk, and had been so several years—it was his duty to receive money paid at the counting-house from the draymen, who might collect it in the course of their rounds, and from customers who called to pay—it was his duty to keep a day-book, cash-book, and ledger—when goods went out it was hisduty to enter them in the day-book, and also to enter in the day-book and cash-book all moneys received—it was his duty to enter money in the day-book as soon as it was paid, and in the course of the day to enter all he had received in the cash-book—I used to look at both books, and it was from them that I received information of the receipts—I balanced the day-book every week, and ascertained whether the cash-book corresponded with it, and if I did I put my initials to them, as correct—it was his duty to keep the ledger—that was posted from the day-book—both goods and money would appear there—if carried from the day-book into the ledger, it would be carried to the different customers' accounts—sometimes I examined the ledger and the day-book, but at other times the prisoner and the boy in the office did—I did not examine the ledger so frequently as the day-book—if goods appeared in the ledger which were not paid, I should send to the customer at the usual time for the amount—I send in the bills every three months—they were made out on the accounts appearing due in the ledger—the prisoner left on 3rd Oct.—before that I bad balanced the cash-book with him—he did not mention any sums of money but those that appeared there—after he left I looked at all the books, and made extracts from the ledger—this is a list made from a longer list, which I made firs:—(produced)—one list has been destroyed, and two preserved—the one from which this was made is destroyed—I showed this one to the prisoner, and also the others—I sent for him on 27th Oct., after I had examined the books—I then showed him this list—the day-book, the ledger, and cash-book were before me—I called his attention to these sums of 2l. 8s. on 8th March, 2l. 2s. on 22nd March, and 28s. on 1st June—none of those items appeared in the cash or day-book—they appear by the ledger to have been paid—I pointed those out to him, with other sums—he appeired confused, and said he could not make out how it was that the sums were posted in the ledger, not being in the day-book, there must be some mistake—I asked if the cash in the cash-book
agreed with the day-book always—he said it did—he looked through the cash and day-books, and I told him he had robbed me of the money, and that it was a serious charge—my brother, who is an attorney, was present—he told the prisoner he did not wish him to commit himself there, that if he would appoint his solicitor to meet him with me next morning at half-past nine o'clock, we would open the books to his inspection—he left shortly after writing a note to his solicitor—he commenced writing it on the back of an old letter—I handed him some note-paper, envelopes, and sealing-wax—he then wrote a note, sealed it, and took it away with him—about four o'clock, before I left, I locked up the books—the whole of them had been examined in the prisoner's presence—they were in the iron safe, close to the counting-house door—I received information in the course of the night, went to my premises about one in the morning, and found them in flames—the brewery and dwelling-house are entirely destroyed, and the premises adjoining the counting-house where the books were kept—one story below was saved, and the stables—in searching the premises 1 found some books, partly burnt, and some not burnt at all—two ledgers and part of a day-book are here—this is the ledger of 1848—(produced)—it was perfect when I left it, on 27th—it is now partially destroyed by fire—the cash-book, in which these three accounts were, is totally destroyed—from March up to June inclusive are destroyed—I find no entry in the ledger of Bagsbaw's account, on 4th March—there is 2l. 8s. to Bagshaw's credit, on 8th March, as received, in the prisoner's writing—here is George Dollond's account, 22nd March, credit for 1l. 2s. in the prisoner's writing—there is no entry on 16th March—on 1st June credit is given to Baron's account for 1l. So. in the prisoner's writing—I had pointed out to the prisoner that those three sums did not appear in the cash or day-book, and requested him to look in advance and back, and see if they were entered in any other date, but he could find no entry—on 1st June Mr. Baron's servant ought to have brought the book down—this is it—(produced)—it is receipted by the prisoner when the money was paid—here is, "By cash, S. Mickleburgh, 1l. 8s."—here is George Dollond's bill, "By cash, S. Mickleburgh, 16th March, 1848, 2l. 2s."—here is Mr. Bagshaw's bill, "Received for Fleming and Co., 4th March, 1848, 2l. 2s."—all in the prisoner's writing.
Cross-examined by MR. HUDDLESTON. Q. How long was the prisoner in your service? A. Upwards of eight years—I had given him notice to leave before Midsummer, but he remained until Oct.—he had not obtained another situation, and I consented to his remaining—I did not ask him to stay—a disagreement between us took place on 2nd Oct.—I had been to Croydon that day, and when I returned Lewis, an exciseman, Was on my premises—I am not aware that he said he came for an Act of Parliament—I thought he had no business there—I did not swear at the prisoner that I am aware of—I do not remember that I told him to keep his friends off my premises, or anything of that sort—he did not say, "I am here working for you from seven in the morning till nine at night, and if any person wants me, they must come here to see me," as an excuse for his friends calling on him—he said he was in the counting-house from seven o'clock in the morning till seven at night, and thought it was long enough for any clerk who received his salary—Mr. Lewis was in the passage leading to my counting-house—I had previously given the boy instructions, that if Lewis came to the counting-house so frequently, to order him away—he was in the habit of coming there frequently for beer—Lewis had heard this from the boy, and said, "I want to speak to you, sir"—I said, "What is it?"—he said, "I understand you told the boy 1 was not
to come here for beer"—I said, "Certainly, I don't see what right you have here"—he said he thought he had a right to beer, for he had given instructions to Mr. Miekleburgh in gauging, and he was one of the best gaugers in the kingdom, and worth 700l. a year—I then said, "You have been teaching Mickleburgh gauging in my time!" and Mickleburu'h answered, "It was not in your time, it was after your time, that is, from seven in the morning till seven at night, and that is enough for my salary"—I ordered Lewis off the premises, and I said to the prisoner, "If your services are worth 700l. a year in gauging, you had better go and get it; I will not be bullied in my own counting-house"—I told him next morning he should come and make up his accounts, and settle his cash-book, and we would part—I did not ask for the key and the cash that night—I swear I did not say, "D----you, if I find one shilling wrong in your accounts I will transport you"—he did not collar me—he never attempted such a thing—I cannot swear whether Mr. Dance was there, Mr. Standon was—he is the son of a publican—no one came in and separated us—we never came together or quarrelled in that way—he never attempted to make any quarrel about the matter—I do not know that I used an oath, or any expression of the sort, I deny that he attempted to make any difficulty about the matter, I told him to make up his books, and he never appeared violent to me at all, nor I to him: I merely stated what I have said, and he received it as a servant should—I do not remember saying to him, "If you want your pals, wait till your time is over"—the prisoner called next day on me, made up his cash-book, and paid over the balance—I paid him his wages every month: 26l.—there was a quarter owing—I did not give him a quarter in advance—he was hired at monthly wages—there was a regular agreement to that effect, but it was destroyed by the fire—we examined the day and cash-books together, and made them balance—he told me, before leaving, that if there was any incorrectness in the accounts he would come and explain them—it was on Tuesday, the 3rd Oct., that he made up the cash-book with me, and paid me over the balance—he helped Dance to pay the men on the following day—I met him on 25th Oct.—he did not ask me to be allowed to go through the accounts—he did not say anything about the accounts—he asked me to give him a character, to obtain a situation at Messrs. Combe, Delafield, and Co-'s—I had then discovered several of the accounts that he had embezzled, and I avoided a direct answer, and said I would consider of it—I had gone through the accounts with Mr. Dance, and I showed some of them to my father—I had not gone through the whole; we only took the ledger from the day the prisoner left me backwards to 1st Jan., 1848—we there discovered 86l. odd deficient in the prisoner's writing—on 25th Oct. the prisoner offered to come to the premises and take out the book-debts—(after the bills are delivered to the customers, it was our habit to enter the whole amount of them in a book, to assist in the collection of them—that is what we call taking out the book-debts, taking out the amount due on the ledger into another book)—I thanked him, and said if I wanted him I would send for him.
Q. On 26th Oct. did you go to his brewery? A. I went to Mr. Turney's brewery, in Addington-square, Camberwell, to see the prisoner—I did not know that the prisoner was brewing there—I was not aware that he was managing that brewery—I know Mr. Turney—I went to ask the prisoner to come to the counting-house on the next day—I had been to his house to inquire for him, and his wife said he was at Mr. Turney's—I think I sent a clerk to ask for him—the answer was not that he was at his own brewery, in Addington-square—I saw Mr. Turney at the brewery—I went in my chaise
—I think I shook bands with the prisoner when I got out, I do not know that I did, I will not swear it—I really do not know whether I did or not—Mr. Turncy took me over the brewery, and the prisoner accompanied us—I asked him to come to the counting-house at two o'clock next day, to take out the book-debts, not to go through the accounts—I wanted him for the purpose of tolling him of those accounts which were irregular—I did not tell him so—I took a glass of ale with Mr. Turney before I left—the prisoner asked me to taste some ale—I did so—I think it was of his brewing—Mr. Turney and he were together—I tasted several casks of beer—I think the prisoner said they were his brewing—I said I thought they were very good—I did not tell him one word about the embezzlement I had found out—I should have thought he would not have come, if I had—he came according to appointment—my solicitor was there—I had not told the prisoner the day before, that I would have my solicitor there—my brother suggested that the prisoner should come on a future occasion, provided with his own solicitor—one of the draymen's books of 1848 was produced on that occasion—there are two draymen's books relating to this day-book, and two relating to the other—one of those books was produced at this interview—the other the drayman had out—I do not know whether those of the second ledger were out, but they did not refer to this—there has been no indictment preferred against the prisoner for the first item on this paper, "Gale, 7l. 1s., 29 May"—I swear there was no entry of that 7l. 1s. in the day-book or in the cash-book—I entered into conversation with the prisoner about it—from that item we went to Crowder's, which was next—I swear I have no entry in any of my books of the 7l. 1s., as paid to myself—I did not direct the prisoner to make an entry of it in the ledger in his own writing—I swear I never directed him to do anything of the sort—there were cross accounts between me and Gale—he is a cork-cutter, and supplied me—I do not recollect my brother "saying, "What do you propose to do about the errors?" when the prisoner said on referring to his book that there were errors somewhere—I did not see the prisoner endeavouring to extricate the horses at the fire—I saw him there—I do not know that he was wet, or that he was endeavouring to extinguish it, for I gave him in charge as soon as I saw him; I was hunting him out—he did not come up to me with Dance and say, "This is a dreadful affair, Sir, "or anything of the sort—he was taken before the Magistrate next morning—I believe he was not remanded on the charge of arson, but discharged; as there was not sufficient evidence; but as he was leaving the Court, the charge of embezzlement was made, and a remand was granted—part of Mr. Branch, his father-in-law's, premises abut on mine—he did not live there—part of his furniture was on my premises in a little back room of the dwelling-house, at the back of the counting-house, which was burnt down—I was insured—I had four ledgers; two are here relating to the private trade, and two relating to the public-house trade are destroyed—I am able to show from this book what my debts are—I did not apply for a remand on the arson case in order to have an investigation before the Coroner: I think my brother, who managed the case, mentioned it, and the Magistrate thought it would be a very good plan—I know Mr. De Pledge very well; I never told him the brewery was a d----d expensive concern, and I wished it was burnt down—I had four ledgers, three day-books, and a cash-book—I had a private cash-book, ledger, and journal; there were drayman's books besides, and load-books, which the beer was booked into—sometimes, when the goods were entered in the day-book, the drayman would receive the money and enter it in his book, the name of the drayman would appear in the cash-book—there are four draymen; one is named Moore—
when the prisoner comes home, he enters the gross amount received from the draymen in the cash-book., in the draymans name—the dravrmn would bring his book and call out the names, and the prisoner booked it into the day-book; the draymen's books were made out by districts—it might happen that a drayman in one district would receive a sum for another; that would go down in the day book on the day in which he received it—the voucher given by the drayman to the customer is the receipted bill signed by himsell—it may have occurred that a receipt has been signed by the drayman before he went out, but not to my knowledge—when I received money, I never told the prisoner to give a receipt for it—if he gave the receipt, he took the money—I may have taken it from a customer's hand and given it him if he receipted the bill—I never told him to give a receipt, and put the money into my) pocket—I had a customer at Lambeth Workhouse—I have frequently received 172l., there, it was always by cheque—I cross the cheque, and generally take a receipt and write it there—I have not asked the prisoner to give a receipt, to my knowledge; I will not swear I have not—I have a lease of "The Fleece" public-house; a friend of the prisoner's, had it, who died: the prisoner had lent him 50l., and the widow did not wish to continue the house, I bought it of her—I allowed the prisoner to let the 50l. remain; I owed it him—I paid him by a cheque on 17th Jan.—he had not an interest in the house—he has made no further claim against me—I do not know that a message was sent to Hunt, to ask whether she had paid the 2l. 2s. or not, she is the person who pays for Mr. Dollond—the prisoner did not mention that to me when the lists were produced—I receive from 12, 000l. to 13000l. in the year, a large portion of which would pass through the prisoner's hands.
MR. BALLANTINE. Q. What amounts have you received from the Lambeth workhouse? A. From 75l. to 300l.—they were entered by me in the day-book, and by the prisoner in the cash-book—I handed the cheque over to him on all occasions, having first crossed it—I have paid no money over to him since January, 1848: our plan changed then, and he has only made up his cash-books of the sums he received—they appear in the cash-book, but are not carried out into the margin—he writes on the top, "Mr. Fleming's collection," and I should not charge his account with it—the sums the draymen received were entered in the day-book to the separate customers who paid them—I was insured in the "Kent Fire-office" for 1400l., and in the "Phœnix" for 3600l.—my claim on one, for the part that was burnt, was 2700l., and on the other 1300l.—I have been paid both, but not the whole of the 2700l.; they charged me for the salvage.
COURT. Q. Were appointments made, after the first examination before the Magistrate, with the prisoner to go through the accounts? A. The accounts were destroyed—there was a meeting with his solicitor at my brothers house, I think—I then had these books—the Magistrate requested that an opportunity might be given to the prisoner to go through the books as far as we could procure them, and we did so—he has not given me any explanation since.
CATHERINE HUNT . I am in the service of Mr. George Dollond, of North-terrace, Cimberwell, who deals with Mr. Fleming for beer—on 16th March I paid the prisoner 2l. 2s. for beer—he gave me this receipt (read—"Received or G. Dollond, Esq., for ale, 2l. 2s." Signed—"by cash, S. Mickleburgh, 16th March, 1848."
Cross-examined Q. Were you sent for to know whether it was paid or not? A. No—I never was at Mr. Fleming's—there was a mistake me one bill, but Mr. Dolland did ill it rectified, and we had a fresh bill—there was no alteration made Mr. Fleming's books—it was about lour months ago.
JANE BAGSHAW . My late husband, John Bagshaw, who died in Oct., used to deal with Mr. Fleming—he sometimes paid the bills himself—I found this—receipt among his papers (read—" Mr. Bagsliaw to W. H. Fleming and Co., for ale, 2l. 8s. Received for Fleming and Co. S. Micklebnrgb. 4th March, 1848.")
LEOPOLD DELAHAY . I was formerly in the service of Mr. Baron, a customer of Mr. Fleming's—on 1st June I paid Mr. Mickleburgh 1l. 8s. for two and a half casks of table ale, at the counting-house—he gave me this receipt (read—"By cash, 1l. 8s. S. Mickleburgh.)
Cross-examined. Q. Do you remember the interview which took place between your brother and the prisoner, at which you were present? A. Yes—I suggested that the prisoner should be provided with a solicitor—I do not recollect the prisoner saying, after his attention had been called to some of these items which he could not explain, "there must be an error somewhere, what do you propose to do with the errors?"—it might have been said—after the first examination before the Magistrate, an appointment was made by Mr. Tucker, the prisoner's solicitor, to go into the accounts—that was at my father's house, at Champion-hill—the books were taken there—I went there—it was postponed, at my suggestion, to a subsequent day—it did take place a day or two afterwards.
SAMPSON DARKIN CAMPBELL (police-inspector). I took the prisoner into custody, at Mr. Fleming's desire, for setting his house on fire—on the way to the station, he said he thought the proceedings of Mr. Fleming savoured rather of vindictiveness; he supposed it arose from a suspicion he entertained of some alleged deficiencies in his accounts.
Cross-examined. Q. And he said, I think, that two or three errors had been pointed out to him by Mr. Fleming, but he believed he should satisfy him there were no errors, he had no doubt? A. Yes—I was at the fire—I did not see the prisoner there till he was given into custody—he was then wet—the charge of arson was not gone into at all before the Magistrate—Ann Cooper, and a person who was on the top of an omnibus, were examined, and then the case was dismissed—the prisoner accounted for where he was on the 27th—he was taken in custody in front of the premises.
JOHN WILLIAM ROOD , a fellow clerk with the prisoner; Mr. Catchpole, tobacconist; William Spratt, beer-seller; Manning Gathercole, corn-dealer; Mr. Goodwin, a clerk; and James Brown, licensed-victualler, gave the prisoner a good character.
GUILTY . Aged 33. Strongly recommended to mercy by the Jury, on account of his previous good character.— Transported for Seven Years.
(There were other indictments against the prisoner.)
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor to the Mint—I produce a copy of the record of the conviction of Ann Miller, in Feb. 1846—I have compared it with the original, in Mr. Clark's office—it is a true copy (read).
at the prisoner's trial, in 1846, for uttering counterfeit coin—she is the same person.
JANE SELBY . My father keeps the "Farmer's Arms," in the Old Kent-road—on 9th Dec. the prisoner came for half a pint of beer—I served her—she gave me 6d.; I put it in the till, and gave her 5d.—there was other money there—the prisoner went away—West came in, in a very few minutes, and spoke to me—I examined the till, found a bad sixpence on the top of the silver, and laid it on the shelf—I had not taken a sixpence after that one—I gave the same to Whitlamb.
SOPHIA TIPSON . I am a milliner and haberdasher, of Bermondsey New-road—on the 9th Dec., between nine and ten o'clock in the evening, the prisoner came for a penny piece of tape, and gave me sixpence—I bent it in a detector, and said, "This is a bad sixpence"—she made no answer—I said, "Do you know where you have taken it?"—she said, "No, but I will fetch my husband"—I gave it her, and she was about leaving, when Mr. Rowland came in and took it from her hand—he made a mark on it, and told me to keep her while he went for a constable—he went out, and the prisoner immediately left.
JOHN JAMES ROWLAND . I am a stationer, and live next door to Mrs. Tipson—I went there on 9th Dec.—the prisoner was there with a child in her arms—Mrs. Tipson was in the act of handing something to her—I went up to her, took a sixpence from her hand, and said, "Why, this is a bad sixpence, you have been round this neighbourhood some time"—she said, "No, I have not"—I marked the sixpence with a penknife, kept it in my hand, and requested Mrs. Tipson to detain her, I went away—when I came back she was gone—I ultimately gave the sixpence to West.
JOHN JAMES ALLEBRAND . I am barman at the King's Head, Bermondsey-street. On 9th Dec. the prisoner came there between nine and ten, for half-a-pint of beer—she put a sixpence on the counter in payment, and I immediately saw it was bad—I accused her of it, and told her it was the second time, and this game would not do—she began to talk about her children—West came in and took her into custody—I gave him the sixpence.
THOMAS WEST (policeman, M 249). On 9th Dec. I saw the prisoner in company with two men in the Old Kent-road—I watched, and saw her go into Miss Selby's shop and come out again—I went into Miss Selby's shop and spoke to her—she did not give me anything—I then followed the prisoner to where I first saw her, and she joined the two men on the opposite side of the way—I afterwards saw her go into Mrs. Tipson's shop—I saw her come out—I saw Rowland at his own door adjoining the shop—I spoke to him—he went in, and afterwards gave me this sixpence (produced)—I followed the prisoner and saw her go into Allibrand's—he gave me this sixpence (produced)—the prisoner was searched at the station-house—one penny was stated to have been found on her—she did not deny it.
MR. POWELL re-examined. The three sixpences are all counterfeit, and all cast in the same mould.
GUILTY . Aged 23.— Confined Twelve Months.
ISAAC HOLMEWOOD . I sell bread at Peckham for the League Bread Company. On 25th Nov. between eight and nine o'clock in the evening, the prisoner came for a quartern loaf, and gave me what I supposed to be a half-crown—I put it in the till, where there was no other half-crown, and gave him Is. 11 1/2 d. change—I saw he had a hurt on his finger, and he said he had burnt it—I took the half-crown out of the till again, having some suspicion, and found it was bad—I was going out, and at the door met West, the policeman, and gave it to him.
Prisoner. Is there no other way in which you can identify me but by my hand? Witness. Yes, I should know you again from five hundred, independent of that, by your features.
THOMAS WEST (policeman, M 349). On Saturday, 25th Nov. I saw the prisoner in the Old Kent-road, about eight in the evening; and followed him to Holmewood's shop—he went in, and I saw him come out again with a loaf under his arm—I went into the shop and Mr. Holmewood gave me this counterfeit half-crown (produced).
Prisoner. Q. Did you see me afterwards? A. Not till I took you, at about twelve on Friday, you were then walking along—I told you you were charged with passing a counterfeit shilling on the previous Saturday night, to an Italian boy in Union-street; you said you were not there, and had not bought any image; I asked you where you lived, you told me over the water.
ANTHONY PRETTIGES . I am an image-maker, at 3, Church-street, Shoreditch. On Saturday night, 25th Nov., between nine and ten, I sold the prisoner three images in a street overthe water—he gave me 1s. and went away—on looking at the shilling and putting it into my mouth, I found it was bad—I gave it to Whitlamb.
JOHN WHITLAMB (policeman, M 89). On Saturday, 25th Nov. I was in company with West, and saw the prisoner in the Old Kent-road—saw him go to Mr. Holmewood's—after he came out, I followed him to Southwark Bridge-road; lost sight of him for a few minutes, and met him again in Union-street—I there saw him go up to Prettigee and purchase three images—I saw him leave him, and Prettigc-e gave me the shilling—the prisoner then passed into a dark turning, where I lost sight of him—on 1st Dec. I was with West, and saw the prisoner cross the Blackfriars-road into Webber-street—I told him I wanted him for uttering a bad shilling to an Italian, on Saturday, 25th Nov., in Union-street—he said he saw no Italian, neither had he been in Union-street—his fore-finger had a green sore on it.
Prisoner. Q. Did you see me go into Holmewood's shop? A. Yes—and saw you come out with a loaf—I did not then know that you had passed the half-crown—I had not met West then—when I met you again it was in the Kent-road—I found this little brush on you, which has apparently been used for some chemical stuff.
MR. POWELL. The half-crown and shilling are counterfeit.
GUILTY . Aged 33.— Transported for Seven Years.
Before Edward Bullock, Esq.
JONATHAN MAVSON . I found some lead in my garden, which I had seen safe the latter end of Nov.—I missed it on the Saturday when the policeman came to me—it had been removed and some glasses smashed to pieces.
THOMAS DAVIS . I saw the prisoner bringing this lead over the fence about one o'clock in the day, on a Saturday in Nov.—he took up the glasses from the garden, brought them over the fence, broke them up, put them under his coat, and took them away—I was going on an errand—when I came back I saw him sitting on the railway—I told the policeman.
THOMAS BUCHANAN (policeman, M 39). About two o'clock on 4th of ov. my attention was called—I saw the prisoner at the railroad—he ran away immediately he saw me—I caught him, and found this lead in a garden by the side of the railroad—Davis pointed out a garden to me, and he told me in the prisoner's presence that the prisoner was breaking up some glasses he had taken from that garden—the lead was still in the garden; I showed it to Mr. Mason.
Prisoner's Defence. I saw two boys over the wall breaking up the glass; the officer ran past them and took me.
NOT GUILTY .
GUILTY . Aged 26.— Confined Six Months.
THOMAS JOHNSON BURDEN . I am a tea-dealer, of Parker's-row, Bermond-sey. This tea-chest is mine—I saw it safe on my premises, about four yards from the door, about ten o'clock in the morning of 13th Dec, and missed it about six or seven in the evening.
WILLIAM NOAKES (policeman, M 104). About seven in the evening of 13th Dec. I was on duty near Parker's-row, and saw M'Carthy wheeling a barrow about seventy yards from Mr. Burden's—this tea-chest was in, it under a board—he passed me—I went after him—a person called, "Look out, Rattey!"—M'Carthy turned, saw me, upset the barrow, threw the chest out, and ran off—I caught him—he said some man gave him a shilling to wheel the barrow—I kept hold of him—Whittington came up and said the barrow belonged to him, and he had lent it—I asked him to go back with me to it, and asked another person to take the tea—I took M'Carthy to the station, and told Whittington to come there, which he did—he said the prisoner and two other young men came up to him and asked him to lend them his barrow to take something to Tooley-street, and as he had taken but a few halfpence in selling sprats, he let them have it; and when he got to the light and saw who it was he attempted to call them back.
McCarthy's Defence. Two or three men came up to me and said, would I earn a shilling; I said, "Yes;" they put the box in the barrow, and said, "Wheel it, and we will come after you;" I had no knowledge of it" GUILTY .
M'CARTHY *—GUITY.—Aged 19.— Confined Nine Months.
WHITTINGTON— NOT GUILTY .
GUILTY .—Recommended to mercy.— Confined Six Months.
Before Mr. Common Serjeant.
NOT GUILTY .
GUILTY . Aged 21.— Confined Two Months.
HUGH JOSEPH BROWN . I am a baker. The prisoner was in my service—if he received money he ought to pay itmewhen he booked his bread of an evening—he had only twelve customers—if he received this 3s. and 4s. 4 1/2 d. and 1s. 7d. he has not paid them to me—he ought to have paid them on the days I booked his bread.
Prisoner. Q, Have you not booked my bread on Saturday night? A. Not for the last month—I began to book it every night or two nights.
Prisoner's Defence. He has been in the habit of booking my bread only on Saturday; if he had booked it every night I should not have had the money; I had spent 4s. of it, and had not got the means of settling it; he kept all ray wages, or it would have been paid.
MR. BROWN. I do not owe him any wages; he had not asked me for any.
GUILTY . Aged 26.— Confined Three Months.
(There was another indictment against the prisoner.)
STREAK pleaded GUILTY .
JAMES CHAMBERS KEEN . I am foreman to Mr. William Brewington. On 27th Nov. we lost some boots—on 4th Dec. the policeman called, and I went to Mr. Folkard's, and saw this pair of my master's boots, which we had lost.
RICHARD LYNN . I live at Clapham. I know Billett—I was going up an alley, and saw Streak standing there—he said, "I am going to steal a pair of boots," and just as he said so Billett came up—they both went by Brown's shop—Billett went across the road, and said, "I am going to watch the shop while Streak takes the boots"—he asked me to watch with him; I would not.
Billett. I did not say so.
BILLETT— GUILTY . Aged 17.— Confined Three Months.
GUILTY .— Confined One Year.
GUILTY . Aged 37.— Confined Four Month .
MESSRS. BALLANTINE and PARNELL conducted the Prosecution.
Cross-examined by MR. PRENDERGAST. Q. Are you a City corn-meter? A. Yes—I measured by the London measure—I do not know whether there is any difference between the City measure and the Irish gang-measure—there is a drum-bushel, which is different in shape—I never measured by it.
Cross-examined by MR. PRENDERGAST. Q. What are you? A. A deputy sworn-meter—I do not use the Irish gang-measure; I never heard of it, or of the drum-measure—I did not measure the bulk of corn left in the barge—there is but one legal measure in England—I have heard of the drum-bushel—I do not know that it differs about two pints from the other—the Imperial bushel is gauged bv the City twice a month, to see that it is correct—they use the drum on the river, to discharge cargoes out of the craft into the warehouses.
JOHN POPE . On 28th Nov. I saw some red wheat delivered and measured from the barge John, at Rigby and Young's, opposite the London Docks—we use the Irish drum-measure—there were 231 quarters and four bushels—I cannot say in what respect the drum differs from the other measure; there is a difference—there ought to have been 235 quarters—there were three quarters and a half wanting.
ROBERT DAVIDSON . I am clerk to John Addis, a lighterman, of Horsley-down. The barge John belongs to him—I have compared the sample of red wheat produced by the officer with the sample I took out of the barge on the Saturday morning—they are here—they are of a similar description—it is red Koningsberg wheat—I saw the bulk in the barge at the wharf—it appeared as if some might have been taken out; I cannot say that there had—I do not swear that those samples are the same; they probably may be—a great deal of red Koningsberg wheat comes up the river.
GEORGE HOLCROFT . I am foreman to Mr. John Addis—Coe and Hamilton were in his service. On 24th Nov., I gave them orders to bring the John up—I saw Coe about six o'clock that evening—he said he had saved tide to Hayes-road, which is about halfway from the Commercial Dock—I told him to take her on from Hayes-road, about nine or ten that night, when the tide flowed—I am not aware that Hamilton had any business on the barge that evening—Coo had no business at Shadwell that night, for Mr. Addis, that I am aware of.
Cross-examined by MR. PUENDERGAST. Q. You know the custom of lightermen to lend a hand to tne another? A. They do occasionally.
Cross-examined by MR. PARRY. Q. Have you a barge called the Timothy? A. Yes; Hamilton had charge of it—he had to go to see that she was clear of water.
JOHN STRONG . I am a waterman at Rotherhithe. At a quarter or twenty minutes past eight o'clock on Friday evening, 24th Nov., Coe and Hamilton came to me at Church-stairs, just off Hayes-road—I took Hamilton to Mr. Addis' barge, and Coe to Wapping—dock-stairs—the Charlotte barge and the John were lying alongside each other astern, off Hayes-road—after putting Hamilton on board the barge, I said to Coe, "Are you going down to the West?"—I meant the West India Docks—he said no, he was going to Shadwell—if Coe landed at Wapping Dock-stairs, he would turn to the right to go—if the tide was flowing, it would not be possible to take a barge to the West India Docks from there without a steamer.
WILLIAM THOMAS BRIDGES . I am an inspector of the Thames-police. On Friday evenin?, 24th Nov., between nine and ten o'clock, I was rowing down the Thames in a police-galley, and saw a barge off Sun Wharf—I saw Coe, who was in it, walk from the outside barge to the inside barge—I have known him some years—he went to the Pelican-stairs—Jones was there and a large bundle of empty sacks, with the name of Husband and Son upou them, and there was a small quantity of wheat—I went out of the galley and asked Jones what he was doing there; he said he came down for a boat—I asked if he knew anything of the sacks; he said he did not—his boots were covered with wet shore mud—I asked how they came in that state; he said "Coming down the shore"—the shore from the stairs to where he was standing was all clean gravel—I went to the back of the warehouse at the Sun Wharf, and saw some footsteps leading from near to where I saw him standing, in an oblique direction, to the back of the was Fehouse—there was mud there, such as was on his boots—I took off one of his boots and compared it with the foot-marks, and it exactly corresponded—there was some rope tackle hanging from the warehouse, partially wet, as if it had been recently used—I went in the warehouse the front way, and found six sacks, containing red and white wheat—three of them contained twelve bushels and a half of red wheat—it was from that wheat I took the sample which I gave to Mr. Davidson—I took Jones and Coe away in the galley—I asked Coe what he was doing there; he said he was waiting for a sculler, that he had been to the West India Docks, to lend Jack James a hand down with the barge, as he was short of tide, and he had been to the London Docks to look after one of their own barges—I went to Hayes-road—I found the barge Charlotte; the John was lyiug above that at Church-hole-tier, about a barge-length astern—I went down in the cabin and found Hamilton, he said, "Is that you, Jack?"—I said "No, I am an inspector of police, Jack is in the police-galley alongside (it was then about half-past ten)—I asked him how long it was since he had seen Coe—he said, "About three-quarters of an hour"—I said, "I suspect your barge to have been plundered"—he said, "I know nothing about it"—I looked at the fore hatch, I saw she was loaded with red wheat, and there was a hollow, as though a great quantity of wheat had been taken away; in my opinion about two or three sacks had been taken—I searched Coe and Jones at the station—I found several grains of both red and white wheat in nearly all their pockets, and there was one grain entangled in Jones' hair—I asked him if he had any notes of any wheat he had received; he said he had not—there was a boat brought up, and Jones said, "That is a boat I brought from your place to-day or yesterday"—there was white wheat scattered on her thwarts, and on her bottom.
Cross-examined by MR. PREKDERGAST. Q. Hamilton went away, and you found him the next day at his own house? A. Yes—he said, "I am coming, Sir"—I said, "Then you expected I was coming for you?"—he said, "No, I don't know exactly."
WILLIAM BROWN . I keep the Sun Wharf, near Pelican-stairs; Jones was in my employ, as wharfman—I believe I was there on Wednesday night, 22nd Nov.; there was no wheat there then, nor on the Friday morning—I did not expect any—I came to the warehouse about half-past two on the Saturday—I had seen two empty sacks marked "Palmer" on the wharf—I found them with wheat in them.
Jones. By your order I was to receive any grain that came there. Witness. He was to receive any grain with proper notea—he had no authority to receive any without invoices or notes.
NOT GUILTY .
344. JOHN COE, WILLIAM HAMILTON , and JOHN JONES were again indicted for stealing 10 bushels of wheat, value 3l. 10s.; the goods of John Dudin Brown and another, in a barge on the Thames.—2nd COUNT, feloniously receiving the same.
MR. PARNELL conducted the Prosecution.
GEORGE VINCENT . I am a lighterman, in the service of John Dudin Brown and another. I was present on Friday, 24th Feb., when the Charlotte was loaded with white Dantzic wheat, at the London Docks—I had charge of the barge—180 quarters were put in on the Thursday, and on Friday morning the next meter did 70 quarters, which made 250 quarters—I put the hatches on, on the Friday morning—I observed the state of the load under the hatches; the barge was full ait and forwards, but not in the middle—I took the barge to Hayes-road—I got there about two o'clock on Friday afternoon, and moored it—there were several other barges—Coe came with the John out of the Commercial Docks, and moored astern of me; you could get from his barge to mine—about eleven o'clock on Friday evening I went to my barge, to take her to Yardley's, and I saw loose wheat about—a police boat came alongside—I saw them take off the aft hatch, and there was a hole which would contain about a bushel of wheat, and there was a bit of a hole forward, but scarcely different to what I had left it—I found a bushel bag on the cabin, which was not there when I left; I don't know whose it was.
Cross-examined by MR. PARRY. Q. You left your barge from two o'clock till the tide served, about eleven at night. A. Yes, during that time it was moored; I had other employment on shore—I have known Coe for several years as a lighterman.
WILLIAM THOMAS BRIDGES .—On the Friday evening, between nine and ten o'clock, I saw Coe and Jones at the Pelican stairs—I found the ware-house open, and foot-marks—I found, beside the red wheat in the warehouse, three sacks containing white wheat; one was marked "Husband," one "Langdale," and the other, "Palmer"—I have here a sample taken from each sack; they were all one quality—I took Coe and Jones in my boat to Hayes-road—I said to Coe, "There is a barge there;" lie said, "That is not ours, that is Brown and Young's barge"—I said, "Well, I will have a look at her"—I went, and saw a quantity of wheat scattered abaft the hatchway—I removed the after hatch first, and there was a great hollow, I should say from two to three sacks Had been taken out—I removed the fore hatch,
and there appeared about a sack gone from there—there was no one on the barge—Coe said his barge was gone up; I went after it, and found Hamilton there—I found in the pockets of Coe and Jones, grains of red and white wheat—there was a boat moored against the barge, in which I first saw Coe standing—I found grains of wheat scattered over the state-room of the boat, and likewise over the thwarts—it was white wheat, as far as Ljcould judge; it appeared only to have been a short time there.
JOHN STRONG . I am a waterman, and ply at Rotherhithe—I took Coe and Hamilton on board my boat—I put Hamilton on board Mr. Addis' barge, and took Coe to Wapping Dock-stairs; he said he was going to Shadwell—I came back and took another fare—I then saw some one on the Charlotte taking some wheat and putting it into a bag or sack—it was a tall man; I could not see who it was—it is a common thing to take a sample out of a barge—I have known Hamilton for years; I know him to be a respectable man—Mr. Addis's barge was dropped up at that time; I could not see her.
JOHN ADAMS . I was at Church-stairs—I saw Coe and Hamilton go off in the boat, I went off about twenty minutes afterwards—I saw the Charlotte and the John together—I saw a man on Messrs. Brown and Young's barge—he asked me to put him on shore—he was in a stooping position—I could not see what he was doing—he had nothing in his hand—I saw a bag lying close by him—it appeared to be full—I can't say whether it was Hamilton or not.
ROBERT FITZGERALD . I am warehouseman to Mr. John Dudin Brown, and Mr. Young—I was present when the wheat was landed from the Charlotte on Saturday, the 25th Nov.—I kept tally of it—there were two hundred and forty-seven quarters and a half.
Cross-examined by MR. PRENDERGAST. Q. Did you see it all measured? A. No—while the men were under the decks measuring I could not see it—I am not one of the Irish gang-measurers—I used the drum-bushel in this case.
SAMUEL BARNARD . I am clerk to Messrs. Brown and Young—I recollect the barge Charlotte being unloaded on the Saturday—I produce a sample of the white Dantzic wheat from it—I have compared it with that produced by the inspector, and from thirty years' experience I say they are similar—I do not personally know the measure by which it Was taken.
Cross-examined by MR. PRENDERGAST. Q. What are your measures? A. The Imperial measure—some of the measures are made in the shape of a drum—there is not the slightest difference in them—when the meters come to measure, they bring their measures—when it is delivered, it is delivered by the drum—Lane used our drum—we use the strike in measuring—there is no difference whatever between the City meter and the drum; one is larger round than the other, but the other is deeper; the contents are the same—two men measuring out of the same measure will make a difference of half-a-pint in each measure—two measurements by the same man is different—this is a sample of the wheat from the barge—this is a sample from each sack, I believe them to be the same—Dantzic wheat is brought over in large quantities—there are a number of shiploads of the same sort.
24th Nov. it was given up to Joins, about two o'clock in the afternoon—it was then dry—it was in water at the time we took it up.
COE— GUILTY . of stealing Aged 33.
JONES— GUILTY . or receiving Aged 54.
Confined Nine Months.
HAMILTON— NOT GUILTY .
GUILTY . Aged, 53.— Confined Nine Months
GUILTY .— Confined Three Months.
GUILTY . Aged 10.— Confined Four Days and Whipped.
GUILTY .— Confined Nine Months.
349. JAMES MOODY, alias Henry Wilkinson , stealing 6 locks and other articles, value 20s.; the goods of Henry M'Kellar: also 5 locks and other articles, value 15s. 6d.; the goods of Joseph Hickraott, fixed to a building; having been before convicted: to which he pleaded
GUILTY . Aged 54.— Transported for Ten Years.
GUILTY . Aged 17.— Confined Nine Months.
MR. PARRY conducted the Prosecution.
HENRY UNDEKHILL (police-sergeant, V 37). In consequence of information from Mr. Lobjoit's on 1st Dec., I watched his premises with another officer, about a quarter-past one o'clock in the morning, I saw Pendry come from Mr. Lobjoit's with the wagon loaded with greens—I saw him take from the shafts a sack containing something—he took it round to the back of Cain's premises, about 100 yards from Mr. Lobjoit's—he returned in about two minutes without the sack, and went on with the wagon—I followed, took him into custody, and charged him with stealing corn—he said I must be mistaken—Hodder, who had been watching the back of Cain's piemises, came and told me something, and I went to the back of Cain's premises—I waited till about a quarter-past six—I then saw a light come to the wash-house, and saw Cam's wile there—I wait in and asked Cain who was there, if he knew anything of that sack on hib premises—he said the sack
was his, but he knew nothing about the chaff—Hodder, who was with me, took possession of some corn there—Cain is a fishmonger—he keeps a horse and cart—I found a portion of this mixture in a tub, and some in a manger, and a portion of it was on the floor in the washhouse.
Cross-examined by MR. METCALFE. Q. How near were you to the wagon when this man took something from it? A. About six yards—I was on the right side, not on the side of the house.
Cross-examined by MR. BALLANTINE.Q. Did not Cain turn round and say to his wife, "How came you to take it in?" A. No; his son was not there—he does not live there—Cain hawks fish about in his cart—I have seen him several times go out about five o'clock—I have seen his wife drive and him drive.
LIONEL HODDER (policeman, V 52). I was watching at the back of Cain's premises—I saw Pendry come round from the front with a sack, apparently full of something—he put it into a hole leading into Cain's wash-house—he returned—I went to the hole, turned my light on, and saw the sack lying on its side, I marked it with a pin—I retired, watching, and about two o'clock I saw a light in the stable—I heard the washhouse door unbolt—I looked through the hole, and saw Cain with a light—he said, "Come up, I have got your corn-bag now"—I thought he spoke to the horse—he had nothing on but his shirt—I heard him shut the door, and I immediately communicated with my sergeant—at a quarter-past six I went in and found some corn in the wash-house, close by the sack—there was corn in the manger—this is the sack and corn—here are three bits of paper, which were taken from the tub, six from the manger, and ten from the sack.
WILLIAM JOHN LOBJOIT . I am a market-gardener, of Putney. Pendry was my carter—I know Cain—I have lost corn, and employed the officers to watch—I had mixed pieces of brown paper with my oats and chaff—it was Pendry's duty to leave my premises that morning with his wagon—he had authority to take a little corn for his horses, but not to take any to Cain's premises.
PENDRY— GUILTY . Aged 40.
CAIN— GUILTY . Aged 60.
Recommended to mercy hy the Prosecutor. Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 21.— Confined One Month .
JAMES HORNER YOUNG . I work at a coal-shed. I was sleeping in the prisoner's house, in Sun-street, and lost a pair of trowsers from the cupboard—I had seen them safe on the Monday night, 11th Dec, at half-past twelve o'clock—these are them.
Prisoner. The door is open from half-past five o'clock in the morning till eleven or twelve at night? Witness. Yes, it is much exposed.
NOT GUILTY .
NOT GUILTY .
FOSTER pleaded GUILTY . Aged 38.— Confined One Year.
MR. METCALFE conducted the Prosecution.
THOMAS TOWRESY (policeman, M 237). I was on duty in the Kent-road last Monday evening, and saw the prisoners, at about a quarter past six o'clock, go to Mr. Watts's front door—I watched them for half an hour—they then disappeared for a short time, and then returned—I called my sergeant's attention, be went to the rear of the house—I went to the front door, and saw the prisoners get over a fence leading to the back door—I looked through the key-hole of the front door, and saw the two prisoners coming along the passage with a lighted candle in their band—they went into the front room—there was a light in there for about half a minute; then they returned, and I lost sight of the light for some time—I heard the sergeant break some glass at the back, and instantly the two prisoners opened the front sash of the upper room, and looked out—they then disappeared—the sergeant opened the front door—I went in, and took Morgan in the passage—I took them to the station, found 5s. 8 1/2 d. on them, returned to the bouse, and found this bag with a quantity of wearing-apparel in it between the bedstead and drawers in the back bed-room.
Cross-examined by MR. PARRY. Q. How many persons were about the house? A. I saw no one—the sergeant was not there at first—the prosecutor and his brother and father were there at the last, and five or six more persons—I am sure Morgan did not go in with me—no one went in but me—these articles were on the same floor, not in an upper room.
GEORGE RUDFORD (police-sergeant, M 19). I was on duty, my attention was called to this house—I went to the back, and saw a light in the lower room; I looked through, and saw the prisoners, one in a stooping position, and the other had a bag in his hand, in the back parlour, where I afterwards found these articles—it is used as a bed-room—this bag was between the bedstead and the drawers—the prosecutor came, and I tried to burst in the back door; I found I could not—I smashed a pane of glass, got in at the window, and saw the things about the room—I went up stairs, and saw Foster covered with soot halfway down his body—Morgan was behind the room-door—I caught Foster, and told the man who went in with me to take Morgan—we brought them down stairs—Foster said if the chimney had been big enough we should not have got them—on the way to the station they said it was through distress—these things were half in the bag, and half out—I found some skeleton-keys, and a piece of was candle on the chimney up stairs—I broke an upper square of the lower sash in the back window—on going back to the house I found a bottom square of the upper sash broken.
Cross-examined. Q. Why did you break the upper square if one square was broken? A. The blind was drawn down, and I did not notice it—both the prisoners said it was distress, on the way to the station.
not a broken square of glass in the house—I know this property, it is mine, and is worth 4l. 17s.
CHARLOTTE WATTS . I am the mother of the last witness—these things are his—I found a chisel, and a bag containing five keys, behind the flap of the register of the chimney which Foster was trying to get up.
MORGAN GUILTY . Aged 20.— Confined One Year.
BRECKNELL pleaded GUILTY . Aged 15.— Confined One Month, and whipped.
PATRICK EDWARD DONNELLY . I did live at 12, Weston-terrace, Bermondsey—on 5th Dec. I saw Brecknell in custody of Budd, a policeman, in my house, and saw some articles in the policeman's possession which had been banging to dry that day in my back premises—one article was a sofa cover-in order to get to my premises, it was necessary to climb over a wall seven or eight feet high.
James. I was not with him; I saw nothing of James.
ROBERT KIMBERLY . I live at 26, Weston-place, Bermondsey—on the evening of 5th Dec, I saw Brecknell in a yard, at the back of No. 12—I saw two shirts on his back under his coat—I jumped over, took him to a place where I supposed he got over, and said, "Did you get over here?"—he said, "Yes"—I said, "You must have had some help;" and then two boys who-were in the street ran away—I suppose James was one.
SARAH BRECKNELL . I know James well—he came to my house on 5th Dec, and he and my son went out together—in an hour, or an hour and a half, he returned, and told me my son was taken up—my husband asked what he had been doing—he said, "Nothing at all, but they were walking down Long-lane, and the officer came and said, 'Yoy are one.' "
JAMES— NOT GUILTY .
MR. PAYNE conducted the Prosecution
GEORGIANA BOWERS . I live in Swan-row, Blackman-street, Borough—I am single, and am unfortunate—last Monday night, about half-past eleven o'clock, I met the prisoner in Blackman-streer, near St. George's Church—we went to a public-house, and he paid 5d. for a quartern of rum; be then accompanied me home—he had * * he gave me three different shillings, which I put between the counterpane and the blanket—after some time, he demanded the money back, or he would strangle me—I refused to give it to him—he caught hold of me by the dress, laid me on the floor, put his knees across my body, and held me by the throat with his right-hand—he hurt me—I was not able to get from him for some time—I told him I would give up the money if he would let go his grasp—he let me go, but he tried my pockets first—I told him that the money laid between the counterpane and the blanket—he went and took it, and put it in his trowsers pocket—I made an offer to go down stairs, and he got hold of the fender in his right-hand, and took hold of me by my dress, and threw me down—I said, "Let me go, I will call the policeman"—he said, "You may bring as many as you like, I will knock their brains out if they enter this room—I got out of the room—he got me back, and kneeled on me again, the same as before—I struggled, and got away at last, and got down to the street-door—I stood there two or three minutes, while he was making use of the most awful and threatening language—
he said if I called anybody to my assistance, he would serve them as he did me—a gentleman was passing by, and he came in—he sent a police-man, and I gave him in charge.
Cross-examined by MR. PARRY. Q. I believe the prisoner was very drunk? A. He was the worse for liquor—no one lives in the house but myself; I have lived there a fortnight to-day—I had been in the house two different times before—I have known Mr. Hart, the gentleman who was passing, three or four years—he does not live with me—he had been frequently at my house before I moved—we did not live together for sixteen months—he has called at my house—he is clerk to his brother—I do not know how he came to be outside the door at a quarter past one o'clock that morning—it was perfectly accidental—he had walked up and down several times hearing a noise—I did not promise to go with the prisoner for 3s., and when I had got it refuse what he wanted—he would insist on having his money back—I put it between the blanket and the counterpane, "because I have been robbed by men on two different occasions—I have not said that I wanted more money of the prisoner, that he would not give it me, and that, to save myself, I gave him in charge—I swear that—I have been unfortunate six years—I have been kept by one gentleman four years, and by another five months—I was never before a Magistrate before.
CHARLES HART . I live in Brighton-place, New Kent-road. I am a clerk in the wine and provision trade—last Tuesday morning, about a quarter past one o'clock, I was in the neighbourhood of Blackman-street—I passed the house where Bowers lives—I heard a cry as of distress, and Bowers opened the door—I had only walked past the house once—I did not walk up and down—she said, "Is that you?"—or words to that effect, and she said there was some one in the house, and she wanted assistance—I went inside, and saw the stair-case door open—I heard some one speak, and looking up the stairs I merely saw the trowsers of some one—he said he would dash the brains out of any one that came up, or words to that effect—I went for the policeman—he took him into custody—I heard the prosecutris charge him with having robbed her of three shillings.
Cross-examined. Q. Where did you fetch the policeman from? A. From Blackman-street—it was the first policeman 1 met—I never lived with Bowers—I have visited her frequently—she is under my protection—I am clerk to J. W. Hart and Co.—my salary is 70l. a year—before that, I was copier of the Minutes of the House of Lords—I mean the evidence given in Committee—I did that for about four years—I copied them more particularly for a Mr. Davis—I was not in his employ particularly—I am in employ now, certainly—I am not the Company—I am thirty-eight years old—before I copied in the House of Lords I lived at Gravesend, and kept a boarding-house for three years; that is to say, I let out my house in lodgings—I have been married about ten years, and have one child—my wife is living—I have had the prosecutrix under my protection one year—I knew her before, under the. protection of another gentleman—my wife eloped a year and a half ago—I did not know Miss Bowers at that time, except that she was the friend of a gentleman—I did not visit her.
JAMES GUITER (policeman, M 161). At a quarter past one o'clock last Tuesday morning, I was in Blackman-street, and Mr. Hart came to me—I wont with him to the prosecutrix's house—I found the prisoner on the stairs—he had a fender in one hand and a candlestick in the other—I asked him what was the matter—he said if 1 were a policeman I might come up—he was drunk—I went up—the prosecutrix was below—Mr. Hart was below a little
while—when I went up stairs he left-when he applied to me he said he while-when though there would be murder committed if I did not go down—the prisoner seemed to be agitated, as if standing in his own defence—he could see my dress—I was in uniform—I went into the room up stairs—the bed was turned over, all the clothes were rumpled about, as if somebody had been turning it over, as if it had been searched—the prisoner did not account for why he was standing there; he was too drunk to gave an account of himself.
NOT GUILTY .
ADJOURNED TO MONDAY, THE 1ST OF JANUARY.