CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 1ST, 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, January 1st, 1849, and following Days.
Before the Right Hon. Sir JAMES DUKE, LORD MAYOR of the City of London; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Thomas Kelly, Esq.; Samuel Wilson, Esq.; John Humphery, Esq., M.P.; Michael Gibbs, Esq.; Sir George Carroll, Knt., Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: William Hunter, Esq.; Thomas Challis, Esq.; and William Lawrence, 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. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters,
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 1st, 1848.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. WILSON; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. CHALLIS.
Before Mr. Recorder and the First Jury.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 61.— Confined One Month.
THEOPHILUS NORMAN . I am porter to Mr. Samuel Hanson, orange-merchant, of Botolph-lane. I know the prisoner. On the Morning of 27th Dec. he came and asked me to lend him an empty chest to carry some books in for a person, and he was to leave his coat in the place of the chest, while he went to do the job—he went for the chest to the first-floor warehouse—he was going through the warehouse, and Packburn called out, "Tom, he has something in the chest"—I said, "Stop him then"—he would not stop—I called out, "Jack"—he would not stop, but went on—Packburn went after him, but could not find him, and came back—I then went out and saw him in a passage, and the landlady of a public-house ordering him away, saying, she would not have his stolen things there—I insisted on knowing what he had in the chest, and told him to bring it back—he said he would bring it back presently—I said, "I must have it now"—he at last brought it back, and I insisted on knowing what he had taken in the chest—he said he would bring it back presently, he had left it at Epps's Coffee-house—we inquired, and he had not been there—I then went up the yard with him, and asked the landlady to let me look over her place, and I found in a corner this bundle of bags, with some steps over it, and a knot which the prisoner used—he
then cried and begged Mr. Machin, the foreman, to forgive him—he was taken into custody—these are the bags (produced)—they are my master's.
JOSEPH PACKBURN . I am porter to Mr. Hanson. On 27th Dec. I saw the prisoner come down the ladder from the warehouse, with something in the chest, which I thought was a bag of orange-paper—I told Norman, and we both called after him—I went out after him, but could not find him—Norman then went out.
WILLIAM BOTWELL . I am porter to Mr. Hanson. I was in the ware-house when, the prisoner brought the chest back—Norman accused him of taking something—I asked him where was what he had taken out with the chest—he said he had taken nothing—he was asked again, and he said they were at Epps's Coffee-house—I went out with him, and instead of going there, he went up White Hart-court, into a public-house—I followed him—the landlady ordered him out—I again asked him where the things were—he would not tell—I saw Norman pull the bags from under a pair of steps—the prisoner's knot was on the bags, and as soon as he saw Mr. Machin, he went on his knees and begged for mercy, and said he was put up to it, and had a sick wife at home.
Prisoner. I have sold Mr. Hanson 8l. 10s. worth of them. Witness. Not of that sort—the chest was close to the bags.
Prisoner's Defence. A gentleman hired me to carry some things for him, and I borrowed the chest of Norman to take them in; there was nothing in it that I knew of; the knot was not mine; I had lost mine on the Friday before.
JOHN DAVIS (City-policeman 551). I produce a certificate of the prisoner's conviction—(read—Convicted Oct., 1847, and confined three months)—I was present—he is the person. GUILTY . Aged 32.— Transported for Seven Years.
AUGUSTUS SMITH . The prisoner was in my service as traveller, and was paid by 5l. per cent. commission on what he sold, and on what cash be received—he should account for money received at the first opportunity—if he has received 2l. 14s. of Mr. Allen, of Drury-lane, or 1l. 12s. 3d. of Mr. Oxor, of Westminster, he has not accounted for it, or even communicated it to me—I settled his commission every week—he did not deduct it, but paid me in full—he came one day, and said he had been embezzling money, and felt very unhappy; I might discharge him, keep him, or give him in charge, he did not care which.
Prisoner. Q. You only paid me two and a half per cent. A. We allow 5l. per cent to purchasers—your commission was on the net amount.
SHADRAC OXOR . I am an oil and colourman, of 68, Regent-street. I owed Mr. Smith 2l. 14s. 5d.,—I paid the prisoner 1l. 12s. 3d., deducting the discount—there is more discount on painters' brushes than other things—he gave me this receipt (produced.)
----(policeman, H 97). On 15th Dec. I took the prisoner—he said he had money of Mr. Smith's at his lodging—I found 1l. 12s. there—he said it was Mr. Smith's.
(The prisoner received a good character.)
GUILTY of embezzling the 2l. 14s .—Recommended to mercy.— Confined Two Months.
NEW COURT.—Monday, January 1st, 1849.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. GIBBS; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
JOHN APPLETON . I am a rope-maker at Stepney. On 15th Aug., the prisoner and another person came and asked me if I would purchase a horse—I said, I would see it in the morning—next morning the prisoner came alone—I walked with him to the Fountain public-house, Mile-end-road, to look at the horse—there were three men there; one of them, I believe, had brought the horse up from the country—I told the prisoner I thought the horse was not worth more than 55s.—he said it was worth all the money which was asked, which was 3l.,—I said to him, "Is it all right about this horse, you are not going to take me in?"—he said, No, so help him, Jesus Christ, he would sooner suffer his arms to be severed from his body than take me in—I bought it for 3l., and told him to bring it home, which he did—he then asked me to let him put it in harness, that he might show it to a person, and he and my man put it in—he drove off with it—he said he should be back in an hour—he never returned—the cart and harness came back about eleven o'clock at night.
Prisoner. I asked you to lend me 3l. to buy a horse; you told me to come in the morning; you gave me four five-shilling-papers of halfpence and two sovereigns, and I went and got the horse—you lent me the money. Witness. I did not lend it; I gave the three sovereigns for the horse—I have drank with the prisoner since.
RICHARD HEATH . I am a horse-dealer, of Green-street, Twigg-folly. I met with the prisoner and another on a Wednesday, about four months ago, at the Rabbits, in the Romford-road; he had a brown gelding to sell—I bought it of him.
Prisoner's Defence. I spoke to the prosecutor about it, and said I would pay him for it; he said, "Very well."
NOT GUILTY .
GEORGE WILLIAM HENRY YOUNG . I am a horse-dealer, of Pavilion-yard, Whitechapel. On 21st Nov., the prisoner came to my yard with Henry Cook, and asked what I would take for the big brown mare in the stable—I said, "Three sovereigns"—he said, that was too much—I refused to take any less—they told me they could go and sell it for the money—I told them to be sure and be back with the mare or the money in an hour or an hour and a half, for I had got another customer that I could sell it to, that had looked at it on Saturday night—I allowed them to take it—they did not come back—I saw them the next day in Whitechapel-road, and hallooed out "You are pretty fellows; where is my mare?"—they said it was all right—I could not see an officer—I went on to Romford—I saw the prisoner about a fortnight afterwards in a public-house, and gave him in charge—I tried to get Mr. Abbott here, who bought the mare, but he would not come.
Prisoner. I offered you 30s., and said I would give the rest at 5s. a week, and you said you would have it all at once; you saw me in the Rising Sun the same day. Witness. Yes, I saw you in the evening.
THOMAS SMITH . I live with my father, in Sidney-street, Commercial-road. The prisoner and another came, five or six weeks ago, with a big brown mare, and offered it to my father for sale—I took it to Mr. Abbott's, and offered it to him for 3l.—I came back and found the prisoner still at my father's—I told him Mr. Abbott would not give more than 45s. for it; he told me to take it—I took it back to Mr. Abbott, and took the 45s., all in half-crowns—I gave it to the prisoner.
Prisoner's Defence. I sold the mare, and lost best part of the money; I sent him part of it; he said he would have it all down; I have been in the habit of buying and selling horses for him before.
NOT GUILTY .
MARK PROSHO . I live at Glossop, in Derbyshire. On the 20th Dec., I got into an omnibus which was going to the Birmingham Station, between ten and eleven at night—I had a bundle with me containing eight books, a shirt, stockings, and other things—I had ridden perhaps two miles—I got out at Euston-square, and missed my bundle directly the omnibus was gone—it had been on my right-hand side—it was a pretty good size, and was in a handkerchief—I saw the guard of the omnibus bringing the prisoner back—I said the bundle was mine—the prisoner said, he would bet me a sovereign it was his—I gave him into custody, and gave the bundle to the policeman—this is it—the books and other things are in it.
Cross-examined by MR. BALLANTINE. Q. Where did you get into the omnibus? A. I do not know the name of the road—the prisoner was there—I sat on the same side as he was—he was resting with his left arm on the bundle—I cannot say whether he was asleep; I did not take particular notice of him—when we got out he was going the contrary way to his own house—he said, "Refer to the conductor, you will find I bad a bundle"—the conductor is not here—he was not before the Magistrate.
ROBERT LOWI . I live in Draper's-place. On the night of 20th Dec., I saw Mr. Prosho get out of an omnibus, at the corner of Seymour-street—he spoke to me—I walked with him towards the station—after we had got some distance, he said he had left a bundle in the omnibus—I went back after it, and saw the prisoner going towards Gower-place, with a bundle in his hand—I said, "You have got a bundle belonging to a young man"—he gave the bundle to me—the conductor laid hold of his arm, and said, "I will give you in charge"—Prosho came up and gave him in charge—the prisoner said, "I will bet you a sovereign that is my bundle"—the conductor said there was no bundle in the omnibus.
Cross-examined. Q. He pointed out to you where he lived? A. Yes, in Palace-row.
JAMES PONDFIELO (policeman, E 119). The prisoner was given into my charge, with this bundle—he said, it must be a mistake, he was too respectable a man to have committed a theft of that description—he told me where he lived, and begged me to go and tell his wife, I took him to the station, and went there.
Cross-examined. Q. You found it was a respectable house? A. Yes; I found his wife—I have known him living there three or four years.
NOT GUILTY .
GUILTY . Aged 23.— Confined Four Months.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 28.— Confined Three Months.
GUILTY . Aged 19.— Confined Four Months.
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 32.— Confined Four Months.
GUILTY . Aged 23.— Judgment Respited.
THOMAS HOY . I am a constable of the East and West India Docks. On 23d Dec., about ten o'clock in the morning, I stopped Matthews coming out of the Dock with a truck—I asked for a pass—he said it was all right, they had got the master's pass—Lusty, who was with him, produced the pass—I objected to it, and Lusty returned with it to get the weight put upon it—while he was gone I examined the truck, and found concealed under some old rope and canvas, three coils of rope—the pass only specified ropes and shaking—I refused to let it go out—Matthews said "I don't wish to deceive you, it did not come from that ship at all (that was the Glasgow) it came from the Miame"—that they bought it of the ship-keeper—Lusty came back with the pass and presented it to me—he walked away—I took Matthews into custody, and went to the Miame, which was lying in the dock—I asked Backhouse, the ship keeper, if he had sent any rope out of the ship that day—he stood a few minutes, and said, "Yes;"—I said, "Did the captain authorise you to do so?" he said, "No; but I have sold some rope to two men for 3s."—I took him into custody, showed him the rope, and he said, "That is the rope I sold"—I pointed out Matthews to him—he said, "That is one of the men that I sold the piece to"—I know the writing of the captain of the Glasgow—this pass is not his writing.
Cross-examined by MR. PARRY. Q. Did not Matthews say, "For God's
sake, if there is any thing wrong, let me go back to the ship." A. No; he said, "It is all wrong"—it was a neglect of my duty to let Lusty go, but I had to contend with Matthews—there is no mark on the rope; I should not have known it came from the Miame, but by what Matthews said.
GEORGE BOWER . I am captain of the Miame, in the South West India Dock—this rope is mine—it is worth 2l. 10s.—Backhouse was my ship keeper on that ship—I did not give him authority to sell it; he could not hate authority except from me—I had charge of the ship, and the owners property—here are five or ten cross marks on the rope—I missed two ropes.
Cross-examined. Q. Who did you leave in charge of the Tessel when you were absent? A. Backhouse; I had been about two hours—I am responsible for any thing lost.
Backhouse's Defence. He was to allow me 5s. a week, and to find myself every thing; this rope does not belong to him.
BACKHOUSE— GUILTY . Aged 20.—Recommended to mercy by the Jury and Prosecutor.— Confined Six Months
MATTHEWS— NOT GUILTY .
OLD COURT.—Tuesday, January 2nd, 1849.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. GIBBS; Sir GEORGE CARROLL, Knt., Ald.; MR. RECORDER; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the Second Jury.
WILLIAM FENGE . I live at 2, Suffolk-street. On 21st Dec. I was employed as a labourer at the London Docks, and the prisoner also—we were each to receive 2s. 3d. wages—the man put down four shillings and a sixpence for the two of us—the prisoner took it up and gave me two shillings, and was to give me the other 3d.—we went out of the Dock, and he said, "I will go in here and get some rum," and asked if I wanted any—I said, "No"—he went in, came out, and said, "I have got a bad shilling, I can't give you your threepence until I get the shilling exchanged; come into the Dock with me, and see if they will change it"—I said, "I don't want to go into the Dock again; give me my threepence"—he said, "I will see you d—d first before I will give it you"—I said, "I must go into the Dock with you"—we went in, but the man would not take any notice, and threw the shilling down—we stood talking—the prisoner said he would not be the loser of the shilling—I asked him for my threepence—he said he would not be the loser of the shilling and threepence too—I said, "I can't help that," and asked him to give it me—he said, "Come down in the morning and see if they will change it"—I said I must look after work somewhere else—we walked together, and I asked him again to give it me—he said, "I b—d if I do; you will not get it out of me"—I asked him for it again, and lifted up my hand, and just touched him with my open hand over the mouth, but not with any violence—he pulled out a knife and swung it round two or three times—he said, "You b—r, take that!" and cut me across the chin—I said he had cut my throat, and called out to the people not to let him go—he was given in charge—my throat was bleeding.
Prisoner. Q. Did not you strike me three or four times? A. Only once—I did not cut you; I had no knife—no one was with me.
said he had a knife out, and I had better not go near him—the prisoner said to a man who was going to seize him, "You beggar, if you come near me I will put it into you; if you don't stand back, and not come near me, I will put it into you and cut your head off your shoulders"—the young man and I closed on him, and he said, "You beggar, I will put it right into your heart" and made a thrust with the knife—I seized both his hands with the knife in them, got it, and took him to the station—in going along he said it served him right if he had cut his head off his shoulders—this is the knife, it had this string hanging to it; not round his wrist—I found a bad shilling and 1s. 6d. in silver together in his pocket.
Prisoner. Q. Did not I tell you to take him in charge? A. Not till I took the knife from you—you said he assaulted you—you did not say four persons did so, till next day.
PETER GOWLLAND . I am house-surgeon at the London Hospital. On 21st Dec., about seven at night, Fenge was brought there—he had a clean incised wound on the lower border of the chin, about two inches and a half long, penetrating to the bone—it was not dangerous, a blow has a tendency to rise.
Prisoner's Defence. Fenge is a fighting-man; he struck me, and a man with a basket also; three of them said, "Turn him up and take it out of him," and I took out the knife; even now I would not give up the threepence, I would suffer death first.
GUILTY but under circumstances of considerable provocation. , Aged 35.— Confined Eighteen Months.
MR. CLARKSON conducted the Prosecution.
WILLIAM BEWLET (police-sergeant, D 20). On 26th Dec. I was in Orchard-place, Portman-square, the prisoner came up to me, hawked, and made a sort of spit in my face—I had done nothing nor spoken to him—he was a little drunk—I desired him to go away—there was a row lower down—most of the men were engaged there—I turned round to hear what was going on and saw the prisoner coming, but I did not at that time see that he had a knife—several police were about, but were engaged lower down—the prisoner made several strokes at me—I took out my staff and kept him off several times—he said, "You b—r, I will do for you"—I felt a knife prick my thumb, and called out that he was stabbing me—assistance came, but he plunged the knife into my thigh, and cut my coat through in two places, and my belt in two places on my side—I had not used my staff or struck him at all—he appeared to know me—I knew him by sight—he made many more blows than made marks on my dress—I kept them off, but do not think I struck him more than once—I saw he had a white-handled knife—he had gone into one of the houses in the court close to where it began—my thigh bled furiously—it was running out of my boot before I could get to the doctor's—I am not well yet, nor fit to stand—generally, for six or seven months when he and others have met me about the same place, he has growled as I passed—I do not know what for—I never took notice of it—I never offered him any violence—James Topp, Jeapes, Hallingan, and Saunders were there.
Cross-examined by MR. PAYNE. Q. Was not the prisoner very much hurt about the head? A. I do not know—I do not know how he got the hurt on his head that he has now—I believe it was done at the station—I do not know how many men struck him on the head with their staves—I did not drag him out and dash him on the stones; that I swear; he did not, in my hearing, cry out, "Oh my head! it is broke"—he was secured by the other constables—I did not leave till he was secured—I told the constables to draw their staves because I was stabbed, and to be careful—I did not tell them not to forget him—they did not, in my presence, beat him several times about the head—they caught hold of him, and took him into custody—there were four policeman there altogether; two were keeping off the mob—I did not bear Hallingan call out, "Do not hit him: he has had enough of hitting"—I think I must have heard it if it had been said—this was about half-past nine o'clock—he was not very drunk; he was drunk—he was not inside the door of his house when I first spoke to him—when he hawked and spit at me I told him he had better go on—he was then about three or four yards from his own house—he made a sort of grunge or altercation, and went lower down the court, where there were some more men; and as I was going out of the court, having been sent for to another place where police were wanted, I looked round and saw him coming at me with a knife—(83 had previously desired him to go away, I did not see him go in doors)—of course I protected myself—he struck at me, but missed me—I stepped on one side—I took out my staff and kept off several blows, till I felt the knife—I might have struck his hand—I did not hit him on the head—what he said to me was, "I will do for you, you b—r," not "I will give it you." (The witness's deposition being referred to, stated—"He said, 'You b—r I will give it you'")—he may have said that also—I was suffering very much when I was before the Magistrate.
MR. CLARKSON. Q. Was there a mob of people? A. A great many; I think 200—while the prisoner was striking at me they called out, "Give it the b—r:" a great many Irish live in the place—the prisoner is an Irishman—I could not swear to any of the persons in the mob, I was so much engaged in protecting myself.
JAMES TOPP I was in Orchard-place on this evening, and saw the prisoner and a lot of other persons in the court—he was making a disturbance—Bewley told him to go on, and I also told him—he appeared to have been drinking—I saw him go into 26, where I believe he lives—he came out again in a few seconds with something in his hand, and I saw him strike at Bewley several times with something in his hand—I had not seen Bewley offer him any violence—he cried out that he was "stabbed" or "struck"—the prisoner then made his way into 26—I followed him into the front parlour and got hold of him—he said he would serve me the same—Halligan came to my assistance, and we secured him—we had a hard matter to get him to the station—he was trying to throw himself down, and me also—we wanted to search him at the station, but he refused—I and another constable had hold of him—he tried to trip me up and to throw himself down several times, and at last he fell right on his face on the stones, and cut his head—I never drew my truncheon on him—I did not see any one inflict any blow on him—he had nothing the matter with his head when I took him to the station.
Cross-examined. Q. Was not he very drunk? A. He was drunk, I have seen men drunker—he was very drunk—he conducted himself like a madman—I cannot say how many men drew their staves, I did not see any—
I believe some of them did—I heard Bewley say something to the men about drawing their staves—I did not see them hit the prisoner several times with them—two of us had hold of him going to the station, and there were two or three more to keep the mob away—two of us had hold of him at the time he cut his head—the doctor did not attend him—he was put into the cell, and remained there all night—I believe Halligan is called Big Tom—I did not hear him or anybody say, "Do not hit him; he has had enough hitting"—I did not hear the prisoner say, "Oh, my head is broke!"
MR. CLARKSON. Q. What were the mob about as you were taking him to the station? A. We expected they would take the prisoner away—they hallooed out, "Take him away, take him away; give it to them"—they followed us to the station—there might be fifty, or sixty, or more.
GEORGE JEAPES (policeman, D 283.) About ten o'clock, on boxing night, I was in Orchard-place—there was a crowd of people there, and I saw the prisoner among them—I saw a crowd round the door of No. 26, and saw Bewley telling the prisoner to go in—he was drunk, and swearing, and stamping, and grinning at Bewley, and said he would be b—d if he would go in—he went just on to the sill of the door, and was very violent indeed—I saw him make seven or eight blows at Bewley—I could not see whether he had anything in his hand—I was two or three yards off—he was standing with his left arm round the door-post, and with his right he was stabbing at Bewley, but could not get a reach at him—Bewley did not strike or offer any violence to him—after he was struck at several times he called out, "I am stabbed; he has got a knife; draw your staves"—I drew my staff—the prisoner still stood there stabbing—he would have stabbed me if I had not kept myself back—his room is the parlour on the right-hand side of the passage—while I was drawing my staff, Topp rushed into the room and took him into custody—he was partly in and partly out of the room at the time-there were several women in the room trying to pull him in, but he would not go—he was very drunk and violent—he was taken to the station, which was about a quarter of a mile off—a great mob followed us—there were four or five policemen—I was behind Topp, keeping the crowd back with my staff—the mob called out, "Go steady, go steady"—I did not strike the prisoner, and I did not see anybody else do so—I should have struck him, when I had got my staff out, if Topp had not rushed by me—it was unsafe to approach him without disarming him—it was dark in the passage—he got the blow over the head by falling down on the stones in the station—he was very violent, and would not be searched—the injury is not the result of any blow struck by the police—he threw himself down—I found this knife on him, with three blades (produced)—Orchard-place is a low, noisy place.
Cross-examined. Q. How many police were there? A. Four—the first thing I saw was the prisoner standing on the sill stamping and grinning—Bewley told him to go in—he said, "Go in and mind your own business"—he said it very mildly—he did not say, "Go in, sir; go in, and don't be standing here"—it was after Bewley was stabbed that I saw the prisoner strike at him seven or eight times.
MR. CLARKSON. Q. If Bewley had offered any act of violence towards the prisoner were you near enough to have seen it? A. Certainly.
THOMAS HALLIGAN (policeman, D 83). I was in Orchard-place, and saw the prisoner among other people—he was drunk and bellowing out—I heard Bewley tell him to go in doors, and I told him to go in—that was after I had observed he was drunk and violent—I afterwards heard Bewley cry out that he was stabbed, and that the prisoner had a knife—I believe he directed us to
draw our staves—in the scuffle the prisoner struck Bewley several times before I came to his assistance—I did not go till he said he was stabbed—(At this period of the trial one of the Jurors was suddenly taken ill, and it appearing by the testimony of two medical gentlemen, who were requested to attend him, that he was not likely to be able to resume his duties, the Court discharged the remaining Jurors from giving a verdict. One of the Jurors in waiting was substituted and the remaining eleven re-sworn, and the evidence already given was read over to them by Mr. Recorder)—I helped to secure him—he had no wound on the head then; he received that at the station.
Cross-examined. Q. When they were about to strike him did you say, "No, do not hit him, he has had enough hitting?" A. No, nothing of the sort—I am sometimes called "Big Tom"—I told the prisoner to go in several times—he knew what he was doing; he was not so very drunk—he was able to walk and to strike a blow—he was very violent at the station-house, and would not be searched—I might have said on the way to the station-house, "Do not hit the man," because I had him properly secured—there were two constables behind endeavouring to keep the crowd away.
MR. CLARKSON. Q. Did anybody strike the prisoner? A. No.
WILLIAM BEWLEV (re-examined). A statement was made by the prisoner before the Magistrate, which was taken down and signed—this is Mr. Broughton's signature—(read—"The prisoner says, I never struck the sergeant; about six months ago he struck me and followed me into the passage with his staff, and gave me a stroke with it: I committed no offence on that man that I recollect.")
GEORGE WILSON . I am a surgeon, and assist Mr. Vickers, 32, Baker-street. On the morning of 27th Dec. I saw Bewley—I examined his thigh, and found that he had received a stab in the upper part of it, corresponding with two cuts in his coat and trowsers—the wound was nearly an inch and a half deep and half an inch in width—it was exactly such a wound as would be the result of a puncture by a small knife—it was not bleeding then—his drawers were covered with blood, and they had also been cut—I have been in attendance on him ever since, and he is not yet well—he is not fit to be in Court now—it will be some time before he will be able to resume his duties—it is a very awkward wound indeed, and independent of that, he received several other blows in the scuffle.
COURT. Q. Was it a wound that might have proved dangerous? A. Where it was it could not have proved dangerous, unless erysipelas had followed, but if it had been three inches higher it would have transfixed the femoral artery; that would have materially perilled his life—if he had not had immediate assistance he would have bled to death.
Cross-examined. Q. As it was you did not look at it as a serious wound? A. It was not one that would endanger his life—I did not attend the prisoner.
GUILTY . Aged 48.— Transported for Ten Years.
377. HENRY JONES , stealing 1 10l.-bank-note, 4 sovereigns, and other property, value 13l., of Deborah Joseph; and 1 candlestick, value 1l.; the goods of Henry Emanuel, in his dwelling-house; also, feloniously assaulting Samuel Obee, with intent to resist his lawful apprehension: to both which he pleaded
GUILTY . Aged 26.— Transported for Fifteen Years.
ELIZABETH CONNELL . I have been living at 5, Glasshouse-street, Whitechapel. On Thursday 14th Dec. I was in the Sir Sidney Smith public-house in Dock-street, in front of the bar, with a young man, a sailor—the prisoner came in with a jacket on his arm, and in a very improper manner asked the young man with me for relief—the words he used are not fit to express—I told him that was not the way to ask for relief, and if he asked properly I would not hinder the young man from giving him what he liked—he then offered his jacket for sale—the young man said he did not want to buy a jacket, and if he did he should not buy one of him, and told him to go about his business—he was told so more than a dozen times, but would not go—he called me a cow, a sow, and a mare, putting other dreadful words to it—I shoved him, he struck me and knocked me down, and as I was trying to get up I caught hold of his arm and he struck me twice under the eye—I bled very much indeed—I could not judge with what instrument it was done—I felt him pulling it out of my eye—I was taken to the hospital, and remained there till the Saturday following.
FRANCIS SMITH . I keep a boarding-house, at 5, Glasshouse-street. On Thursday night, 14th Dec, I was in the Sir Sidney Smith—the prisoner came in, and offered a jacket for sale to a young man, one of my lodgers, who was with Connell—he said if he wanted a jacket he should not purchase one of him—the prisoner was repeatedly told to go away—some altercation took place between the prisoner and Connell, but I did not hear the words that were made use of—after he had used some expressions to her she pushed him towards the door, and he raised his hand and struck at her downwards—I was not aware at the time that the blow had taken effect on her eye—I afterwards saw it—his hand was closed when he struck her—she fell, and as I was in the act of picking her up, he struck her over my shoulder again in the eye—there were four or five foreigners standing there, and they very much illused the prisoner—I interfered to protect him, and he went out—after he was gone I heard that Connell had been stabbed with a knife or razor, and I saw the blood running, and went out after the prisoner, overtook him, and brought him part of the way back—he then made some resistance—I said, "You shall come back with me, and I will not leave you"—he then said, "Then here goes for life or death," and he made a hit at my head, but it fell on my breast, and it ripped my jacket open—I was not aware that he had anything in his hand, but when I got him to the house I found that my coat was torn—when I took him into the house he had something in his right hand—he was about to put it into the breast of his flannel-shirt, when I took it out of his hand; it was a razor; it was not open—I sent for a policeman, and gave him into custody—I believe he was the worse for liquor.
PORTER WILLIAM DUNAWAT (policeman, H 129). The prisoner was given into my custody—I received this razor from the landlord, in the prisoner's presence—in going to the station he said he should not have done it if she had not pushed him—there is some woman's hair on the razor—the wound was inflicted with the end.
PETER GOWLAND . I am house-surgeon, at the London Hospital. The prosecutrix was brought there on Thursday, 14th Dec.—she had two stab wounds beneath the right eye, which penetrated to the bone—there was a great deal of inflammation of the eye and face on that side—she is suffering from the effects now—the blunt heel of the razor closed would produce such wounds, and if the wounds had been a trifle higher up the effect would have been very serious injury to the eye—it must have required considerable force to make the wounds; such a force as a downward blow would have.
Prisoner's Defence. I came in with a jacket, and asked the sailor to buy it; he asked if I was a sailor; I said, "Yes," but was hard up; he asked me to drink, but Connell pushed the pot away, and knocked off my cap, and tore my flannel-shirt; I had some things in my hand, and a case of razors, that I had bought the night before; I was drunk; she gave me a shove, and I fell forwards; she came at me again, and in pushing her back again this thing, somehow, got in contact with her eye.
GUILTY of an Assault. Aged 28.— Confined Eighteen Months.
MR. PARNELL conducted the Prosecution.
DAVID TYRIE . I reside at Edmonton, and carry on business in London, as a stock-broker—the prisoner was in my service about seventeen months. In Aug. last I was indebted to Charles Adams 6l., or 7l., for gardening and shrubs—I gave the prisoner a 5l.-note to take to Adams, as I was going out of town, and thought he might want money—I gave the prisoner no authority to change it.
CHARLES ADAMS . I am a gardener, occasionally employed by Mr. Tyrie. On 7th Aug. the prisoner came to me, and said his master had given him 5l. to give me, but he had only brought me 4l. 10s.—he said his mistress had borrowed the rest of him, and when I came to the employment again he would ask his mistress for it, and pay me; and he said, "If you please, if when you come back to work, master should ask you what money I paid you, say 5l."—he has never paid me the 10s.—I have since been paid by Mr. Tyrie.
Prisoner. It is false what he says about Mrs. Tyrie borrowing the money; no such words passed; I told him I had laid out 10s. for things, and when he came to work I would ask mistress for the money, and would pay him; he said, "Never mind, give it me any time;" I said I could not ask my mistress for it then, as she was unwell. Witness. He did not say he had laid out the 10s. for things; he said his mistress had had it.
ELIZABETH JULIA TYRIE . I am the prosecutor's wife. I did not borrow 10s. of the prisoner on or before 7th Aug.—I heard, in the course of the day, that he had been to pay the gardener; but I did not know the amount till I heard it afterwards from Mr. Tyrie—the prisoner did not lay out 10s. by my orders—he has laid out money for little things, which he entered in a book, which he says he has lost—if he had done so there would be no reason for concealing it from Mr. Tyrie—the prisoner left us full ten weeks ago, while we were at Brighton—he left without notice, and took his book with him—he said at the examination he had laid out some small sums for the house, which I thought was incorrect—I think it was under 10s.—I had no recollection of the items—the prisoner said he could not specify the items, as he had lost his book—no wages were due to him when he left—he was paid on Saturday evening, and left on Sunday morning—the servants knew he was going.
RICHARD BRADBURN . I am clerk to Mr. Jessop, the clerk to the Magistrates, at Edmonton. I was present when the prisoner was under examination—this is Mr. Busk's, the Magistrate's, signature—(read—"James Barnes saith as follows:—'I hope my master will be as lenient as he can with me' ")—he was charged with stealing a 5l.-note.
Prisoner's Defence. When Mr. Tyrie gave me the 5l.-note I went to Adams's house with it; I saw his son and daughter, but he was not at home; I had several things to fetch in for the house, and as Mrs. Tyrie
was not up, I made use of 10s. to pay for them, at I was dally in the habit of doing; my master did not pay me my wages when he went out of town, as he usually did; next Tuesday or Wednesday my mistress settled with me, and paid me 1l. 3s. 3 1/2 d.; Adams was not there at the time, and I neglected to pay him the 10s.; I did not do this with any fraudulent intention; if I had had the inclination to be dishonest I had plenty of opportunities; Mrs. Tyrie has left her reticule in the garden and kitchen, and I have owned it to her, and I have had Mr. Tyrie's coat to brush when there has been money and bank-notes in the pockets.
DAVID TYRIE re-examined. I may have left my pocket-book in my pocket—I cannot say whether or not I had omitted to pay the prisoner his wages in this instance—he generally had the money given him to get things—he has occasionally paid for trifling things, and put them down in his book, which he gave to his mistress every Saturday night—he was taken up for deserting his wife and family.
GUILTY . Aged 39.
MR. PARNELL conducted the Prosecution.
WILLIAM STANLEY . I am assistant to my father, a butcher, at Edmonton—I knew the prisoner in the service of Mr. Tyrie. On 9th June he came and said he had come to borrow 30s. for his mistress, as a man had brought some fagots, I think he said from Cheshunt, and she did not like to send him away without the money, and she had no change by her—in consequence of that I let him have the 30s.—I have never received it since—I believed the story he told me, or I should not have let him have it—I should not have trusted him himself.
ELIZABETH JULIA TYRIE . I never received a load of fagots on 9th June—I did not on that or any day send the prisoner to Mr. Stanley's shop to borrow 30s.; I was never placed in a position to do so—some fagots had arrived at the end of May, for which I paid 21s., and they would not be consumed by the beginning of June.
Prisoner's Defence. Mrs. Tyrie gave me a 5l.-note to change; I lost it, and borrowed the 30s. to make it up.
GUILTY . Aged 39.— Confined Six Months.
GUILTY .** Aged 21.— Transported for Ten Years.
(The prisoner had been seven times in custody).
NEW COURT.—Tuesday, January 2nd, 1849.
PRESENT—Mr. Ald. KELLY; Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Sixth Jury.
MORRIS pleaded GUILTY . Aged 25.
M'DONALD pleaded GUILTY . Aged 21.
Confined Three Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HANNAH HUMPHREYS . I am single, and keep a coffee-shop in Duke-street, St. Pancras. The week before last the prisoner came for a cup of coffee—he gave me a crown-piece, and I gave him 4s. 11d. change, and he went away—I put the crown into a small rag, between two beds—the prisoner came again, an evening or two afterwards, for a cup of tea and a pennyworth of bread and butter—I received from my sister a half-sovereign, and gave him 9s. 9d. change—I put the half-sovereign into the same rag with the crown—the prisoner came again on the Friday night for a cup of tea—he then was in a different dress—he gave me a half-sovereign; I gave him in change three half-crowns, 2s., and 4d.—he put one of the half-crowns to his teeth, and found it was bad—I went for another—he put that to his teeth, and said it was good—I put the half-sovereign with the other—I afterwards discovered that the money was all bad—on Saturday evening week the prisoner came again, about half-past six or seven o'clock, for a cup of coffee—I served him, he gave me a half-sovereign; I noticed it, sent my sister for an officer, and gave him into custody—I had had the misfortune to take two other bad half-sovereigns that week of a young man and his companion—I had five bad half-sovereigns in all—I gave one to one officer, and four to the other, and the bad crown.
SUSANNAH HUMPHREYS . I am sister to Hannah Humphreys. I first saw the prisoner on Tuesday evening week, and again on the Thursday—he gave me a half-sovereign—I gave it to my sister, and she gave him change—my sister gave me a bad crown on the Tuesday, and I gave it her back—I saw the prisoner again on the Saturday week; I then got a constable.
WILLIAM ASHFIELD . I lodge with Mrs. Humphreys. On 19th Dec. I was in her shop—I saw the prisoner place down a 5s.-piece—I was there on Thursday, the 21st Dec.—I saw him place on the table a half-sovereign—I saw him there on the Friday, standing at the bar—I saw him give Miss Humphreys something; I did not see what.
HENRY HALL (policeman, S 264). I was called on 23d Dec, and took the prisoner—I received from Hannah Humphreys this half-sovereign—she told the prisoner he gave her that and two others before—he said nothing—he was searched, but nothing found on him—I marked the half-sovereign, and gave it to sergeant King; I got it back from him, this is it.
NATHAN SAUNDERS (policeman, S 121). I went with Hall to the coffee-shop—I got these four half-sovereigns, this crown, and three half-crowns—I handed them over to the sergeant, at the station—I got them back.
JOHN KING (police-sergeant, S 2). I was at Albany station when the prisoner was brought there—I got a bad half-sovereign from Hall, and this other money from Saunders—I put them into a drawer—I returned them the same morning.
CALEB EDWARD POWELL . I am inspector of coin to the Royal Mint. This half-sovereign is counterfeit—these other four are also counterfeit, they are cast in the same mould—this crown is counterfeit, and these three half-crowns also—two of them are from the same mould.
Prisoner's Defence. She states I was in the shop on Thursday, I was at another part of the town; I went into the shop on the Friday to have a cup of coffee, and gave her the half-sovereign; whether it was bad I cannot say.
GUILTY . Aged 20.— Confined Two Years.
ELIZABETH FROST . I am the wife of George Frost, we keep a cook's-shop, in Artillery-passage. On 28th Dec, the prisoner came for a plate of meat and bread—it came to 3 1/2 d.—he gave me a shilling—I gave him change, and put the shilling in the bowl—there was no other silver there—I then went out, and left Elizabeth North there—I returned in about two hours and found the prisoner in custody.
ELIZA NORTH . I took care of Mrs. Frost's shop while she went out—I served the prisoner with a pennyworth of pudding—he gave me a shilling—I gave him 11d. in coppers—I put the shilling in the bowl with the one Mrs. Frost had put in—soon after, the prisoner called for 1/4 lb. of pudding—he gave me another shilling, I put that in the bowl, and gave him 10d. change—he afterwards wanted another 1/4lb. of pudding, and gave me another shilling for that, which I also put into the bowl with the others—he then wanted more pudding—I went on changing shilling after shilling for him—he gave me 2d. for one 1/4lb.—the last shilling he gave me I gave to Mary Bond to look at, and bit it—she went out to get change, and came back with a constable, and the prisoner was taken into custody—I gave the constable the four shillings.
MART BOND . I go to Mrs. Frost's, to wash and chair—I was there on 28th Dec—Mrs. North gave me a bad shilling—I went out and got a policeman—I put the shilling down with the other three—they were given to the policeman.
SAMUEL DAMERSLL (policeman, H 140). I took the prisoner at Mrs. Frost's, and received these four shillings—I found on him 3s. 2 1/2 d. in coppers—in going to the station, he tried to throw me down and get away—in coming halfway down Commercial-street, he fell, and by his falling some money dropped—a man with a light jacket took it up, and ran away with it
Prisoner's Defence. I got change for a half-sovereign in a public-house, and they must have given me the bad money; I was in liquor, and had no recollection of being in the place.
GUILTY . Aged 29.— Confined Eighteen Months.
LOUISA WEBB . I am a tobacconist, and live in Weymouth-terrace. On 15th Dec, the prisoner came for a cigar, gave me a half-crown, and I gave him 2s. 4d. change, which I got from Elizabeth Greaves, who was in the parlour—on the 16th, the prisoner came again for a cigar—he gave me a half-crown—I gave it to Mrs. Greaves, who put it in her pocket—directly the prisoner had left, Mrs. Greaves discovered it to be bad—I gave the two half-crowns to the officer—on 19th, the prisoner came again for a cigar, and gave me a half-crown—I noticed it to be bad, and knowing him, I said I would go and get change—he said, "I have got copper sufficient"—I went after a policeman—he went after the prisoner, who was then running off, and brought him back—he said, "l am led into it"—I gave the last bad halfcrown to Lee, and the other two to Hayward—I am positive the prisoner is the man.
Prisoner. You said you did not know me, but you thought you knew my coat. Witness. No, I said nothing of the kind.
ELIZA GREAVES . I am a widow. On 15th Dec I was in Mrs. Webb's parlour when the prisoner came in—I gave Mrs. Webb change, and got a halfcrown from her, which I put into my pocket—I had no other—on 16th the
prisoner came again, and I then got another half-crown from Mrs. Webb and gave her change—I kept the half-crown and gave both to the officer.
Prisoner. Q. Did the prosecutrix say she thought she knew my coat but did not know my face? A. She said she knew you by your dress.
JOHN LEE (policeman, G 179). I got a half-crown from Mrs. Webb—the prisoner was asked why he was running—he said, to find the man by whom he had been led into it, that the man had promised him a pint of beer, and gave him the half-crown to go round the corner and get a cigar.
Prisoner's Defence. I met a person I knew; he asked me to have some porter, and told me to go and get two cheroots, and he would wait at the public-house; I went, and the half-crown he had given me was bad; I said I had coppers enough to pay for one: the lady went out, and I was going to the man I got the half-crown of.
GUILTY . Aged 23. Confined Twelve Months.
WILLIAM VICKERS . I am barman to Mr. Miles, who keeps the Chelsea Waterworks. On 19th Dec. the prisoner came about half-past ten o'clock in the evening for half a pint of gin and half a pint of beer—they came to 9d.—she offered me a bad half-crown—I asked her how she came by it—she first said she got it for a day's work, and she afterwards said it was not hers, but somebody sent it—I marked it, and kept it by itself till I gave it to Mr. Miles the next morning.
Cross-examined by MR. HORRY. Q. You knew where she lived? A. Yes, I have known her some years—she has a husband and two children.
SARAH ATKINS . I am the wife of Jacob Atkins, he keeps the Cornish Arms beer-house in Ebury-street, about a quarter of a mile from Mr. Miles's. The prisoner came on 19th for half a pint of beer—she gave me a five-shilling piece and I gave her change—I put it into the till, but did not shut the drawer—I had only one sixpence in it—I showed the crown to Mr. Bellman and he gave it me back—I gave it to the policeman.
Cross-examined. Q. You know where she lived? A. Yes; she was in my debt at the time—she gave me a sixpence out of the change.
WILLIAM GOSSON (policeman, B 250). I took the prisoner into custody coming towards her own house—I took her to the Cornish Arms—I got this crown from Mrs. Atkins—the prisoner at first said it was half-a-crown, then she said it was a crown-piece, but she did not know it was bad.
Cross-examined. Q. She made a long statement? A. She did, before the Magistrate, and named some person from whom she said she had the money—I have looked after that person, but have not seen her.
GUILTY . Aged 51.— Confined Six Months.
FREDERICK WESTLEY . My father is a stationer, in the Strand. The prisoner came to me on Saturday, 16th Dec, a little after six o'clock, for half a quire of note-paper and two envelopes, which came to 6d.—he offered me a half-crown—I told him it was bad, and marked it with a hammer—I asked where he came from; he did not seem able to answer me—I asked where he worked—he said, "Down the Strand"—I cut the half-crown with the scissors and put it amongst the halfpence—I took it out on Monday morning and kept it in my pocket till Wednesday, when I gave it to the policeman.
GEORGE READ . I am a butcher, of the Strand, about 150 yards from Mr. Westley's. The prisoner came to my shop about a quarter-past six o'clock on Saturday evening week for half a pound of beef-steak—he offered me a bad half-crown—I said, "Young man, it is a bad one; have you got any more of these?"—he said he had not—I chopped it into two pieces—I gave him into custody, and gave the two pieces to the policeman.
THOMAS WARD (policeman, F 102). I took the prisoner into custody at Mr. Read's, and received from him these two pieces of broken coin, and this half-crown from Mr. Westley—I found on the prisoner two penny-pieces.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy by the Jury.— Confined Four Months.
JOHN GUNN (policeman, A 401). On 24th Dec. I was on duty, with two other officers, at eleven o'clock at night, in Peter-street, Cow-cross—I saw the prisoner in company with another man—I knew the prisoner well—I said to him, "What have you got about you?"—he held his hand up—my brother officer tried to get hold of it, but he threw a white-paper parcel away—it fell on the pavement, and burst, and a number of half-crowns flew away from it—there was a violent struggle with the prisoner—he tried to put his foot on the half-crowns—I picked up two of them—he was taken to the station—a 6d. and 3d., in copper, was found on him, in good money—he said we should find nothing on him.
Prisoners Defence. I was coming home through Smithfield; I picked up a pocket-book and took it to a public-house in Cow-cross; opened it; and it contained these twelve half-crowns wrapped in white paper very carefully; a young man said he thought he could bring me the party who had lost them; he went out and came back and said he had seen the party, and if I would wait
till eleven, the party would pay me for my trouble; at eleven o'clock the young man came and said, "Come along with me;" I went, he said, "Don't carry them in your hand, put them in your pocket;" I said I had no pocket, I told him to carry them; in going along we met the policeman, he threw them down and ran away.
GUILTY .* Aged 29.— Confined Two Years.
GUILTY . Aged 19.— Confined Six Months.
MARY GLAVIN . I am the wife of Edmund Glavin. On the afternoon of 27th Dec. I was going through Judd-street and saw a crowd—I had one half-crown, fourteen shillings and sixpence in my pocket, in a printed paper—I took it out, sat down on a step, and put my money in my lap while I undid my boot—while I was sitting down a lad and a woman walked against me—when I had put my boot to rights I got up and walked on a few steps—I then missed my money—I heard a lad call out, "Mistress, you have dropped something," and a gentleman at the next door asked if I had anything in paper—I went after the lad but he got away; who he was I don't know—it was my husband's money.
HENRY ARNOLD . I was going through Judd-street about three in the afternoon of 27th Dec.—I saw Mrs. Glavin sitting on a step of a door—I saw her get up, and I saw a parcel lying on the step where she had been sitting—I suppose it must have dropped out of her clothing as she got up—I saw the prisoner pick it up—I knew him by sight—he must have seen Mrs. Glavin sitting there, he was close by her—I called out, "Mistress, you have dropped something"—she turned round—the prisoner walked a little way and then ran, and I lost sight of him—there was a woman with him.
WILLIAM GOLDSMITH . I live at 42, Judd-street. On the afternoon of 23d Dec. I saw Mrs. Glavin stooping down to the step, and a small paper parcel lying by her—I saw two women and a lad standing just against her when she was stooping—I saw the lad pick up the parcel and put it in his pocket—he turned to the two women who were standing on the pavement—the prosecutrix turned and missed the parcel—I saw her looking about for it—I spoke to her, she did not understand me—she went towards the New-road—the boy who picked up the parcel stood with the two women—they then parted, he walked with one of them a few yards and then left her and ran away.
JOSEPH CHILMAN (policeman, E 74). I received information and found the prisoner, in consequence of a description, at his father's residence—I told him what he was charged with—he said he was merely passing by, that he did not pick up the money, he was going down Skinner's-street.
Prisoner's Defence. I was going to fetch some potatoes; I did not take the money up.
GEORGE BOARDMAN (police-sergeant, E 16). I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted January, 1846, confined one month and whipped)—the prisoner is the boy.
GUILTY . Aged 17.— Confined Twelve Months.
King-street, Holborn. The prisoner was in my service, she was to leave on 27th Dec.—about six o'clock that evening I saw her on the stairs leading to the cellar—I asked where she was going, she said to get some coals—after that I was walking in the passage, saw a light in the spirit-cellar, and saw the prisoner drawing gin from the barrel—I went down, she had an empty bottle in her hand—I said there was a great smell of gin, she said she knew nothing about it—she dropped the bottle she had in her hand—I found in her pocket this bottle of gin—I gave it to the constable and gave her in charge.
Cross-examined by MR. PAYNE. Q. How long was it after you had the conversation with her about the coals that you saw the light? A. About two minutes—I did not hear her say she meant to pay for it; she said so before the Magistrate—if she wanted gin she always had it given her—she was not to get it from the cellar.
(The prisoner received a good character, and her sister engaged to provide for her.)
GUILTY . Aged 24.— Confined Fourteen Days.
LENHAM pleaded GUILTY . Aged 20.
BROWN pleaded GUILTY . Aged 19.
JONES pleaded GUILTY . Aged 18.
Confined Two Months.
SARAH FLETCHER . I am the wife of William Fletcher—I keep a bonnetshop. On 27th Nov. I missed two pieces of ribbon from a box in the window, and a bonnet from a stand—I had seen them safe an hour before—I heard something, and was informed where Barnes lived—I went to her, and asked her if her name was Barnes, she said, "Yes"—I said I came for a bonnet that was stolen from my place, she said, "If I had it I bought it"—I said she must have known it came from Fletcher's—she first said she did not, and then she acknowledged it—she said, "I know the party that told you, and as she has split on me for the bonnet, I will split on her for the ribbon"—she first said she gave 1s. 6d. for the bonnet, then a shilling, and then it came to sixpence—I should not have known about the ribbon if she had not told me—this is my bonnet (produced.)
JOHN PORTER (policeman, G 101). I took Ride into custody—I told him I wanted him for stealing some ribbon and a bonnet—he said, "I know I stole it; what do you think I shall get done to?"—this is the bonnet.
Barnes's Defence. I did not know the bonnet was stolen.
RIDE— GUILTY . Aged 13.
BARNES— GUILTY . Aged 17.
Recommended to mercy by the Prosecutor.— Confined Two Months.
GUILTY . Aged 16.— Confined Six Months.
(MR. BALLANTINE offered no evidence.)
NOT GUILTY .
GUILTY . Aged 26.—Recommended to mercy.— Confined Twelve Months.
GEORGE GITTINGS . On Sunday morning, 24th Dec, about one o'clock, I was in Carlisle-street, Soho, going home—I saw the two prisoners—I had never seen them before—they came up to me, and walked one on each side of me—they asked if I would go with them: I did not, I continued walking on towards home, and one of them asked if I would go with her to a corner—I went, and they both went with me—Bradford put her hand to me, and I immediately found the chain at the back of my neck pulled—she was on my right hand side, and Johnson was close up to her—I put my hand to my breast, and found one end of my guard chain dangling down, and the watch gone—I had not looked at my watch after ten, but I am confident it was there—I seized hold of Bradford, and Johnson ran off—this is my watch (produced).
DENBEIGH JOSEPH HARTWELL . About one that morning, I was coming along Dean-street, I heard a cry of police, and saw Johnson running along—she stopped at the house of a person named Howe, and threw something down the area—she then ran on to St. Ann's-court—a policeman came up; I told him where she had gone, and that what she had was down the area.
EZER FREEMAN (policeman, C 178). I was on duty in Dean-street—Mr. Hartwell gave me information—I went into St. Ann's-court and took Johnson—she had got down to Wardour-street, and some man had stopped her—I went to the area which was pointed out, went down with the man, and saw him pick up this watch, which he gave me.
BRADFORD— GUILTY . Aged 18.
JOHNSON.— GUILTY . Aged 22.
Transported for Seven Years.
ROBERT AYLIFF (policeman, K 270). On Saturday evening, 23d Dec, I saw the prisoner in High-street, Poplar—he had a horse and cart—he stopped the cart, took the tail-board down, took out a sack, and carried it into a marine-store dealer's—I went and asked him what he had got, at the same time telling him I was a police-officer—he said, "Don't take me, for God's sake, don't"—I said, "What have you got?" he said, "A bit of rope, I brought it from the East India Docks—I have been with some goods to the Earl of Balcarras—Mr. Soames identified the rope.
Cross-examined by MR. PARNELL. Q. Did he tell you it was old rope given him? A. No; he said it was old rope that he had brought from the East India Docks, where he bad been delivering stores—he was admitted to bail.
India Docks—it belongs to Joseph and Frederick Soames—this rope belongs to the Earl of Balcarras.
Cross-examined. Q. What do you know it by? A. I turned this out of a block to have it repaired, I laid it on a heap of rope, and then I missed it—all pieces of rope are not striped like this—I have not seen a great many like it on board my vessel, only this one—I can't tell how many vessels were in the dock; they would not all take a strap of this size for a block—the prisoner had delivered some goods on board the Balcarras that day—I should say a shilling is the outside value of this rope—the strap is good, but it is out of repair—there were a good many persons about the Balcarras that day.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
OLD COURT.—Wednesday, January 3rd, 1848.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice PATTESON; Mr. Justice MAULE; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq, and the First Jury.
400. WILLIAM BRYAN and JOHN RING , stealing 2 1/2 lbs. weight of lead, value 2 1/2 d.; the goods of Richard Johns; 35 lbs. weight of lead, value 2s. 11d.; the goods of George Armfield; and 24 lbs. weight of lead, value 2s.; the goods of Robert Kennedy and others, fixed to a building: to which BRYAN pleaded
GUILTY . Aged 21.— Confined Twelve Months.
GEORGE BASHFORD (policeman, F 5). On 25th Dec., about half-past four o'clock in the morning, I was on duty in Seven Dials—Curd told me something, and I went with him to Neale's-yard—we concealed ourselves—I saw Ring, who I knew by sight, come to the top of the house, look over, listen for a few minutes, and go back on the roof—in about five minutes he returned to the parapet with Bryan—there was a gas-light—Ring threw a piece of lead from the parapet into the yard, rolled up—Bryan came down the spout, and I laid hold him and gave him in charge—Ring came half-way down, bat seeing me take Bryan, he went back on to the roof—I got a fire-escape ladder from the station, went on to the roof, found a large quantity of lead cut away, and a hole in the roof of Mr. Johns' printing-office, which a person could have got through—I did not find Ring—I went to Mr. Johns', and traced footmarks from the yard to the water-closet, which was closed, and I found Ring concealed in it—he first appeared as if he was drunk, and then said he had been sleeping there all night—I found four pieces of lead in Mr. Neale's yard, which I compared with that on the roof, they fitted exactly.
LEWIS CURD (policeman, F 108). On the morning of 25th Dec. I noticed the water-spout of the Ragged-school, on which I had put a mark the night before—I concealed myself, and saw Ring come to the parapet, he looked over, went back for a minute or two, and came again with Bryan—Ring threw a bit of lead into the yard—Bryan came down the water-spout, and Ring halfway down—the sergeant gave Bryan into my custody.
RICHARD JOHNS . I am a printer, of Great St. Andrew-street—the roof of my workshop joins that of the Ragged-school. On Christmas-day, about half-past four in the morning, Bashford came—I saw footmarks, went to the
water-closet, and found the door fast—I got it open, and found Ring there, who was a stranger to me—I found a hole in the roof of the workshop, which was not there the night before—the lead fitted exactly the vacant space on the roof.
RING— GUILTY .** Aged 20.— Confined Twelve Months.
Before Mr. Justice Patteson.
401. WILLIAM MAKEPIECE , stealing four post-letters, containing 1 sovereign, 2 half-sovereigns, 1 shilling, and a 4d.-piece, of the PostmasterGeneral: to which he pleaded GUILTY . Aged 27.— Transported for Ten Years.
MR. PAYNE conducted the Prosecution.
MART ANN MILLISENT . I live at 80, Greenfield-street, with my brother—the prisoner is my husband—he left me on 11th May—on 15th Dec. I was at my brother's—about seven in the evening my niece told me the prisoner was in the parlour—I went up from the kitchen, found him there, and said, "Millisent, what has brought you here to-night?"—he said, "My legs"—I said, "Yes, I suppose so"—he asked if I had got his things ready (some linen)—I said I had not, but if he allowed me time I intended to do so—he said, "Because I have come for a settlement to-night, to clear off old scores"—I stood with my knee on a chair turned round towards him, and said, "Millisent, what do you mean?"—with that I saw he had got something in each hand, down by his side—I stepped, and said, "Millisent, what have you got there?"—he raised his right hand, I screamed, he said, "something for you," and instantly fired—it did not hit me—I screamed, and my brother came and seized him at the corner of the door outside—other persons came in and held him—I said, "he has got another pistol"—they were then both in his pocket—I took them out—he had called on me about three days before, and said he was going into the City, and would call on me coming back to settle off old scores, but I did not know what it meant—he did not come again till this happened.
Prisoner. Q. Did not you sing out, "My God! he has got two pistols." A. No—my arm did not strike you in turning round, and make the pistol go off—I was half or three-quarters of a yard from you, and having a bad knee I kept it on the chair, which kept me in the same position—you rose your arm in a manner to come towards me—you pointed it towards me—you no sooner said the word than it was off—I did not know it was a pistol till it went off—I did not say to my brother, "Let him go."
BENJAMIN DRAKE . I am Mrs. Millisent's brother. On the evening of 15th Dec. I was in the kitchen, and heard the report of a pistol, and my sister scream—I went up, found the prisoner in the passage, and closed with him—two or three persons came, and we held him while his wife took two pistols out of his pocket—I did not see them examined.
Prisoner. Q. Did you say anything to me when you came up? A. I called you a villain, and said you ought to be ashamed of yourself—I did not hear my sister say, "Let him go"—I do not recollect your saying, "Ben, I give myself up to you."
ANN COCKING . My father keeps the White Hart, Greenfield-street, nearly opposite Drake's house. I remember the prisoner being brought out—I then went over into the parlour and picked up some shot under each of the tables, scattered about; some shot in the passage, and a stone, and some paper separate—I gave them all to Mrs. Millisent's mother, Mrs. Drake—she is not here.
ELIZABETH COCKING . I live at the White Hart, Greenfield-street. On the evening of 15th Dec. I went to Drake's house—Mrs. Millisent took two pistols from the prisoner's pocket and gave them to me—I gave them to Payne, the policeman.
JOHN PAYNE (policeman, H 23). On 15th Dec. I went to Greenfield-street, and found the prisoner, and people holding him, who said he had shot a woman—he made no answer—he was sober—Mrs. Cocking gave me two pistols—I examined them at the station—one was loaded with this gunpowder and leaden shot, and the other had been recently discharged—I found ten shot in one waistcoat pocket, and some gunpowder in the other, loose, and two stone marbles—in going to the police-court on Saturday the prisoner said he was very glad it had not hit her—I examined the room and passage, but found no mark of shot on the wall—there was a carpet on the floor—I took it up, but found no shot there, or any dent on the floor—the room is not papered, it is thickly painted—the piece of paper did not appear to have been used as wadding.
Prisoner's Defence. I did not go to the house with any intention to hurt my wife; I have always told her since I left her that I never wished to hurt or injure her in any shape whatever; when I went in she sung out, "My God! he has got two pistols;" there was one in each hand certainly, and she turned round and struck my right aim;—it never rose high; if I aimed at her would the shot have gone down on the carpet, or the lower part of the wainscot? the fact is the pistol was intended for myself; I lived a miserable life; I have been robbed of my peace of mind through that vagabond that was a witness against me, her brother; he has robbed me out of house and home; it has distracted my brain; I have never been a man since, and never shall be; the only crime I have to clear myself of, is wishing her an injury; if I was to meet him to-morrow, and see the opportunity, I would never rest till I gave that man an injury; I will have my revenge of him if I was going to suffer for it to-morrow.
(The prisoner received a good character).
NOT GUILTY .
Before Mr. Justice Maule.
MESSRS. BODKIN and PLATT conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of John Greenfield at this Court, in Jan. 1848—I have examined it with the original in Mr. Clerk's office, it is a true copy—(read.)
JOHN HEWITT . I am barman to Mr. Barr, who keeps the Windsor Castle, in Long-acre. On 2d Dec, the prisoner came there for a half-quarters of gin—he threw a half-crown on the counter, which 1 saw was bad, and told him so—he said he was not aware of it—I showed it to ray master—he detained the prisoner till Fenn the constable came—he was given into his
custody, and the half-crown also—he was taken before the Magistrate on the following Monday, and discharged.
CALEB MOTT . I am a cheesemonger, at 22, King-street, Long-acre. About half-past eleven o'clock on the night of 9th Dec, the prisoner came for four eggs; I served him, and he gave me a good half-crown—I gave him four halfpence, two sixpences, and one shilling, change—he took up the change, and said, "What eggs have you there?"—I said, "Penny ones"—he said, "they are not the eggs I want, I want four for 6d."—I said, "These are the best I have got"—he said, "they will not do for me then"—I was going to give him the 4d., he objected, saying, he would have his half-crown back—he put back the change I gave him, and on taking it up, I said, "I will swear this is not the shilling I gave you"—it was a bad one—he said it was the shilling, for he had not another about him—I picked up the money, and was going to send for a policeman, when he snatched the money again out of my hand, and put down the good shilling I had first given him, and then he said, "So help me God, I have not got another shilling about me"—Bashford, the policeman, then came in, and he was given into custody—I saw him searched in the shop, and three good shillings found upon him—he was afterward discharged by the Magistrate, because the bad shilling was not found.
Prisoner. I put down the same shilling; there was a butcher in the shop at the same time, who examined the money. Witness. I swear the shilling he put back was not the one I had given him—a butcher came in, but that was after he had put down the good shilling again.
SARAH RICK . I am the wife of John Rick, who keeps a chandler's-shop in Crown-street, St. Giles's. On Friday, 15th Dec., the prisoner came there, and asked for a packet of cocoa, which came to 1 1/2 d.—he gave me a half-crown—I gave him two dark worn shillings and fourpence-halfpenny in change—he took them up, and dropped one behind some wood in front of the counter where I could not see—he stooped down, picked it up, and put two shillings on the counter, and said, "This cocoa will not do"—I asked him why, he said, he wanted a 4d. packet—I told him I had none, there was no such thing as 4d. packets, but if he took two they would be 3d.—he said they would not do, for they were not for him—I told him to take them, and if they would not do, I would return his money again—he then took the two packets, left the shilling and fourpence-halfpenny on the counter, and went out—directly he was gone, I took up the money, I saw one of them was a white one, quite different from either I had given him—I went to look for a policeman, and Bashford came to the door—I found the prisoner in his custody—I saw the shilling in Bashford's possession afterwards, I did not see him take it—I marked it.
JOHN RICK . I am husband of the last witness. I was in the shop on 15th Dec, when the prisoner was there—after he was gone, my wife showed me two shillings, one was good, and the other bad—I afterwards gave the bad one to Bashford.
MR. POWELL re-examined. The half-crown and shilling are both counterfeit. (The Court was of opinion that the uttering charged was not completed.)
NOT GUILTY .
The evidence was the same as in the former case.
GUILTY .— Confined Nine Months.
Before Mr. Justice Patteson.
MR. CLARKSON conducted the Prosecution.
ROBERT WELCH . I am a labourer, of St. Katherine's-dock. On 16th Dec., about a quarter before nine o'clock, I was there, with many others—the warehouses lettered D and F are both in Nightingale-lane—the labourers assemble at the gates early in the morning, waiting to have their names called over, to be set to work—I had been to the F warehouse that morning, and went from there to D, with about 200 others—the crowd extended into the road, as there was not room—I saw the prisoner driving a laden coal-wagon, coming from the wharf towards East Smithfield—that would bring him to gate F first—when I first saw him he had passed F, and was coming towards D—I do not know the width of the road at F—there certainly was room for the prisoner to have passed F without coming foul of any of the men there—I saw him pass F warehouse—I had advanced from F gate—I heard an altercation between the men and the prisoner, and they had been shouting to him because he had driven so close to them—he stopped his horses, threw down his whip and coat, in order to go back and fight with any of the men—I was then about midway between F and D—the prisoner went back, and was knocked down twice—he then took up his hat and coat, and went with his wagon towards D warehouse—I was then on the flag-stones, about twenty or twenty-five yards from F, going towards D, to seek employment there, at there was no chance at F—I was on the near side of the wagon—the prisoner was on the near side, driving towards D—the gates F and D are on the near side—as he advanced towards D warehouse I was close to the gate, waiting for Mr. Hunter, the wharfinger, to call the men on; and when the prisoner got there there were about 150 men waiting for work, and I saw him throw his whip over the wheel horse's neck, which brought the horse and the wagon nearer to him, and in closer contact with the men than there was any necessity for—in about half a minute the men cried out that a man was on the ground, and the wheel had gone over his head—I advanced, and saw the man lying on the ground—his name was Lewis Lewis—I used to work with him—the prisoner was going at a regular steady pace at the time—the body was six or seven feet from the pavement, quite in the middle of the road, which I think is about twenty-one feet wide there from one kerb to the other—there was room for the wagon to have passed without coming in contact with the men.
Cross-examined by MR. BALLANTINE. Q. How many people were there about F warehouse when the wagon passed? A. Perhaps a hundred—they were all crowding round the gate getting as close as possible to present their tickets—the road there is two or three feet wider than at D gate—many of the men were in the road, they are obliged to be so—every one of us want to be opposite the gate, and in view of the man calling out—our object is to get in his sight—we are more likely to be seen opposite the gate than behind
him—I saw the wagon pass among the men at F—I did not notice that the men drew off, some on one side of the way and some on the other;—they all stood together as they generally do—I have never seen a disturbance at the gate before—they were obliged to get out of the way as much as they could when the wagon came, 1 cannot say whether they did—when a wagon comes some go on one side and some on the other, and leave a pathway for it—when the prisoner had passed I heard them call out and shout—I do not know what they said; I did not pay any attention to it—I was at D gate—I had nothing to do with F—I think the gates at F had been shut—I should not have gone off to D had not the F gates been shut—there is then generally speaking a rush of men to D gate; there was not that morning, as there were not so many—I was about ten, fifteen, or twenty yards from the prisoner when he was knocked down—I did not knock him down, I cannot tell who did; I had nothing to do with it—whether he was knocked down by the same person twice, or by another I cannot say—I did not take any notice—there were one or two men round him, I do not know who they were—I have never told anybody who it was that knocked him down, I never knew—there was a dray and drayman close behind the coal-wagon—I did not hear any of the men at F shout out to the drayman, "We will serve you as we have served the other one"—I make no doubt within myself but what he might have driven closer to the men than was necessary—I know nothing about that—I only go by the shouting—I am only on my oath as to the whip—that shouting did not startle the wagon-horses—F may be two hundred or three hundred yards from D, or more—I was in front of the wagon when the accident happened—Mr. Hunter, the wharfinger who calls the names over, was standing at D gate, and all the men were congregated as they had been at F—they blocked up the road; it is a very dangerous place for men to collect in—the gates at D were open; I am sure of that—I saw them shut after the accident occurred—the mob were not thrown back by anything that I am aware of—as the wagon advanced they pressed towards the gate; they had no chance to press the other way, because of the wagon—if the prisoner had not pot the whip over the horse's neck he would not have brought them so forward as he did—he was near the wheel-horse—it was about half a minute after that that I heard the cries that called my attention.
JURY. Q. Had the man any opportunity of getting away? A. Not the least; the wheel-horse was so close to the body of men.
JOHN BUTLER . On the morning of 16th Dec., about twenty-five minutes to nine o'clock, I was waiting for employment at the F gate, and saw the prisoner come with a coal-wagon and three horses—when he came to F gate he was about eight inches from the backs of the men—there was room for him to have gone further from them on the off side—when opposite F gate he put his whip over the middle horse, and drew his horses close in among the body of men, who were near run over, and after he passed F about two or three yards some words occurred between him and a dockman—there were angry words on both sides—they came to blows; the prisoner was knocked down on the broad of his back—he got up, and two or three more assisted in knocking him down again, and when he got up the second time he was bleeding from the face—he would have no more of the fight, and went away towards D gate, where there was a call for labourers—I walked about a yard behind the prisoner, on the same side of the way—he made an observation that he would give it to some of the b—s at the next gate if they did did not get out of his way—I told him he deserved all he met with at F—he said, "Who the hell are you?"—I went on in advance of him to D—I had
hardly got there a minute and a half when the wagon came opposite it—the shaft-horse came in towards the body of men standing there, and struck Lewis on the left breast or shoulder, knocked him against the shafts, he fell on the ground, and the near fore-wheel went over the right-side of his head—I did not see the hind-wheel go over him; I turned away my head—there was sufficient room for the prisoner to have gone by with his wagon outside the body of men at D; there was fourteen or sixteen feet.
Cross-examined. Q. Did you see a dray passing behind? A. Yes; it was close to the wagon—the horses' noses touched the wagon—there was a drayman with it by the side of the shaft horse—when I spoke to the prisoner he was at the tail of the wagon, and the horses were standing still—that was half way between the two gates—I spoke to him before he started to go on to D—the fight was twenty or thirty yards off—it is about eighty to a hundred yards from F to D—there was no dray behind him then—it came up about a minute and a half afterwards—I do not know the name of the man who knocked the prisoner down, it was a dock labourer—he was knocked down twice, but the last blow he received from two different men; one struck him on the right, and the other on the left side of his face, and felled him to the ground—I do not know the men by name—I should be able to pick them out—I got up to D in time for the call—the gate was opened half way—I was not hired that day—I should say there were 150 or 160 round the gate—they were all crowding round with the intention of rushing in if they could.
JURY. Q. Could the men at D have got out of the way of the wagon when they saw it coming? A. Yes; but they were anxious to be called—their attention was drawn away—it was impossible for one carman to have ordered this body of men to have got out of the way—to have got out of the way be must have gone on the other side; he could then have cleared them—there was nothing passing on the off side, and nothing approaching, except the dray behind—there was fourteen or sixteen feet of ground outside the body of men for the prisoner to have gone on, and that would have prevented the accident entirely—I did not see what caused the horses to come in—I did not see him use hit whip—he was very much irritated when I spoke to him.
JOHN SMITH . I was waiting for employment on 16th Dec., at F gate—I saw the prisoner with his wagon—he threw his whip over the shaft horse's head, and that caused the horse to bear in among the body of 4 or 500 men at F—he then went half-way up Nightingale-lane, stopped his wagon, came back, and showed fight—two or three men set on him and knocked him down—as he proceeded from where the wagon had stopped, to D, I heard him say, "I will run over some of the b—s at the next gate."
Cross-examined. Q. Are you in the habit of working in the docks? A. Occasionally; I can form no idea as to how many people were at D—I was at F—it was about half-past eight in the morning—I was hired that day by Mr. Bailey, the wharfinger at F gate—I cannot say how many times the prisoner was knocked down—I do not know who the parties were—he was not knocked down more than once that I am aware of—I do not know a policeman named William Brees, No. 59 H—(Brees was here called in)—I know that man by sight—I did not see him that day that I am aware of—I saw him in East Smithfield about half-past ten—I had then come out of the docks—I asked him if he knew any thing about the accident—he did not tell me he had seen the man taken to the hospital—I told him I had only heard of the accident, the moment before, from some men in the docks—I did not see the man run down or injured—I only speak to what occurred at F gate—I did not see any thing at D—I did not say that a man in the dock had told
me the man's name, and given a description of him, which answered to that of a man who had been like a father to me—I had asked the foreman and ware-house-keeper to let me go out and ascertain about it—I did not name that to the policeman—I did not tell him that I had been at work in the docks from half-past seven until that time—the dock was not open at half-past seven—it was impossible for me to be there—I did not ask the policeman where I had better go to ascertain the particulars of the accident—he told me I might go to the station-house—I have no recollection of meeting the policeman again that morning—I did not tell him that I had been to tell the man's wife of the accident—the policeman might have been at the police-court when the prisoner was committed—he did not ask me whether I had anything to do with the case—I did not say I had little or nothing to do with it, and walk off—he did not say how could you have the heart to swear the man's life away when you knew nothing about it till you were told in the dock—it is an entire falsehood—I was at the inquest—I do not know Richard Phillips (looking at him)—I never saw him before that I am aware of—I was examined before the Coroner—I did not come out of the waiting-room and say to Welch, that I was so puzzled that I did not know what to say—no such words were made use of by me—Welch did not on that, say to me, "Hold your tongue."
BENJAMIN AUVACHE . I was waiting for employment at the D gate, on 16th Dec,—I saw the prisoner with his wagon within about two feet of where I stood—I saw him throw the lash of his whip across the shaft horse's neck, and by so doing he brought the horse in from a foot to eighteen inches on the body of men; and in less than a minute after, I heard a cry that a man was run over—the men were standing out into the road—there was room for him to have passed along the road and have avoided the men.
JOSEPH VERE . I was at D gate on the morning of 16th, waiting for work—there were some horses coming up—I got from the mob on to the kerb, until the head of the wagon passed; then hearing a cry that a man was dead, I went into the road to see what was the matter, and saw the deceased lying with his head quite flat to the wheel, and blood gushing out from all parts—the wagoner was going on quite unconcerned, as if nothing was the matter—I went, took him into custody, brought him back to the gate, and delivered him to the Dock Company's officer—where the man was run over there was about ten or twelve feet of road—there was plenty of room if he had gone on the other side, to have avoided running over anybody.
Cross-examined. Q. Were there no people on the off side? A. There were; I cannot say how many—there was a good ten feet for him to go on on the off side—the people were on the kerb—I cannot swear there were none in the road.
PETER GOWLLAND . I am house-surgeon at the London Hospital. I saw the body of the man at a little after nine o'clock on the morning of 16th Dec.—he was dead when brought to the Hospital—on a post mortem examination I found the bones in front of the skull were more or less driven into the brain, being extensively fractured—the integument in front of the forehead was also severely lacerated—five of the ribs on the left side were driven into the chest, and the left elbow was also injured, and there were marks on the body—I should say his death was immediate—the injuries were such as would be reasonably accounted for by the wheel of a coal-wagon passing over him.
fifteen years he has gone by the name of Lewis Lewis—I saw his body at the London Hospital.
MR. BALLANTINE called
THOMAS WESTON . I am a drayman, in the service of Hoare and Co., of Lower East Smithfield. On 16th Dec. I was driving a dray through Nightingale-lane, in the direction of Upper East Smithfield—I remember passing F warehouse, and then observed a coal-wagon—there were a great many people round the gate—the men said they would serve me the same as they had the wagoner—I turned round, laughed at them, and said I had been in the habit of driving over the road a great many years and I had never met with any accident, and I hoped I should not then—I went driving on seven or eight yards behind the coal-wagon—I followed it till it got to D gate—there were a great many people waiting there—just as the wagon got opposite the gate there was a rush back of the people—I saw the deceased—he was the outside roan of the crowd—he was knocked backwards against the shafts of the wagon—the shaft knocked him down, he fell on his face; and before he had time to recover himself both wheels passed over him—the prisoner was then between his first and second horses—he had three horses—he had nothing whatever to do with the accident—the deceased fell behind the prisoner—I saw the prisoner hold his whip in a proper way, to keep the horses off the crowd at his shaft horse's head—I have driven through these crowds for seventeen years—I did not see the scuffle at F—the wagon was moving on when I came up—I attended the inquest.
Cross-examined by MR. CLARKSON. Q. Were you also before the Magistrate? A. Yes, but I was not called—the road is about twenty-one feet wide opposite D gate—a coal-wagon, I should think, is about seven feet wide—the men were all huddling up to get to the gate—the prisoner used his whip in a way to put his horses to the off side—they did move to the off side—there was a great crowd on both sides of the road just opposite the gate.
MR. BALLANTINE. Q. If the horse's head had been drawn towards the man, would that have the effect of throwing out the wagon? A. No—he held his horses off—there was a crow before him, and he had to manage his horses with reference to that—that was what he appeared to be attending to—this accident happened behind him—Willis was on the opposite side of the road—the prisoner did not see that the man was down.
JOHN WILLIS . I am horse-keeper to Hoare and Co. I was passing down Nightingale-lane on the morning of 16th, and was near D gate—I saw the prisoner driving a coal-wagon with three horses—he was against the middle horse on the near side—there was a great crowd, and he was trying to hold the shaft-horse off with his whip from the crowd—there were a mob of men at the gate—they rushed back, and a man fell down against the near shaft, and the near wheels went over him—the prisoner was then before with his second horse—there was a shouting and hallooing—he could not stop his horses when the man fell—the more noise there was the more the horses went away—they would not obey him—he had some difficulty in stopping them—if Weston had not held his shaft-horse right off the wagon the dray-wheel must have gone over the deceased as well—the prisoner had quite passed the gate when the rush took place—he used his whip in a proper manner to get through the crowd, and to keep his wagon as much away from the men as he could—if this rush had not taken place the accident would not have happened—when these crowds are collected at the gate, they do not make room at all for anything to pass, neither at the foot or roadway—the wagon has to pass through slowly while they move from one side to the other.
JAMES DANIELS . I live at 4, Elizabeth-cottages, Kingsland-green, and am out of business. I was in Nightingale-lane on this morning, and saw the prisoner's wagon opposite D warehouse—he was at the second horse's head, driving at a very slow pace—he appeared to be going very carefully indeed—there was a very great crowd, extending beyond the centre of the road—there was a rush of the mob, which I fancy must have been through the gate being partly closed—it threw the man back, and be fell against the shaft of the wagon—I am certain the prisoner did nothing improper with his whip; I did not see him use it at all—I took particular notice when the man was under the shaft, to see whether he was using it—he had his whip in his hand, and was doing all he could to stop the horses.
WILLIAM BREES (policeman, H 59.) On the morning of the 16th, about half-past ten o'clock, I was on duty in Upper East Smithfield—I saw the witness Smith come out of the Dock—he crossed the road, and said to me, "Officer, do you know anything about this accident that happened this morning in Nightingale-lane—I said that I had seen the deceased going to the hospital as I came on duty at nine o'clock, I met them at the end of Dock-street—he asked my advice what he had best do about it; he had been at work in the dock from seven to eight o'clock, and he had heard nothing of it till that moment—he said they had told him deceased's name, and bad given a de. scription of him which answered that of a man who bad been like a father to bin, he had been reared with him—he said he was very much concerned about it, and had asked the foreman's leave to go out and ascertain about it, and that the foreman had given him leave to stay out till twelve—I told him to go to the station—I saw him again as he came back, at about five minutes to twelve—he then said he had seen the deceased, and he was the man who had been like a father to him; he had been to tell his wife of the accident, and he was the first to give her the information—I saw him again at the police-court—I asked bim whether he had anything to do with the case—he said, "Very little, if anything"—I heard him sworn to his depositions at the Court, and beard what be swore—after that I said, as he came oat of the Court, "How could you have the heart to swear that man's life away in that manner, when you know very well that you knew nothing of it till you came out of the docks to me, at half-past ten o'clock?"—he gave me no answer, but went into the deposition-room to be bound over.
MR. CLARKSON Q. I suppose you knew nothing of any of these people before? A. No—I was not at the police-court on this case, but I had a prisoner committed that day, and was waiting there.
NOT GUILTY .
NEW COURT.—Wednesday, January 3rd, 1840.
PRESENT—Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder, and the Fifth Jury.
GUILTY . Aged 48.— Confined Three Months.
GUILTY . Aged 20.— Confined Eighteen Months.
408. JOHN WILLIAMS , stealing 1 watch, value 3l.; the goods of Elisabeth Grace: and 1 watch, and other articles, 5l.; the goods of William Pizzey, in the dwelling-house of James Grace: to which he pleaded
GUILTY . Aged 34.— Confined Fifteen Month.
CAROLINE WOODARD . The house 20, Hatton-garden, is Mr. John Moore Darton's. I received a bag, filled with some articles, from the driver of a cab, on Friday, 22d Dec.—it was delivered as my master's property; I put it into the passage—I am in the habit of keeping the street door shut, but on the latch—the bag was inquired for, and I missed it last Thursday—I did not see it again till 30th Dec., in the officer's hands.
Cross-examined by MR. BALLANTINE. Q. Is your master here? A. No; he is at his business.
FREDERICK WYLIE . I am foreman to Johu Moore Darton, at his shop, 58, Holborn-hill. I packed up some books in leather, and put them in a blue bag—they were packed up as samples, and put in Mr. Darton's private room at the warehouse—they were to be removed to 20, Hatton-garden—these are them—(produced.)
WILLIAM WALLACE (policeman, A 432). Last Thursday afternoon, I was in a public-house in Charles-street, Hatton-garden—the prisoner came in with a bag on his shoulder—he placed it on a form, and called for a glass of something to drink—I said, "Martin, ia that you?"—he said, "Yes"—I said, "What have you got in the bag?"—he said, I could look if I liked—I looked, and found it was books—I said, "I thought you might have turned tea-dealer"—he said, no, he worked for Mr. Wilson, of Liquorpond-street, and he was sent with the bag to 20, Hatton-garden, and that I could go along with him, if I liked—I went, and just before we got there, he said he was getting an honest living then, and he hoped I should not go in with him as the parties might think he had been in trouble before—he went into Mr. Rowland's, 20, Hatton-garden—he came out in half a minute without the bag—I said, "You have left it"—he said, "Yes, it ia all right"—I said, I was not satisfied, he must come back to the shop—he refused—I took him back—the foreman said he knew nothing about it, but the prisoner said, "It must belong to you, I found it at the door"—I took him to the station, and on the way he said, be supposed I should be the means of giving him a new year's gift, and that he was the last of the gang—the public-house may be 300 or 400 yards from 20, Hatton-garden.
GUILTY .*** Aged 18.— Transported for Ten Years.
410. ELIZABETH JENNINGS , stealing 1 tea-pot, 1 coffee-pot, 24 forks, and other articles, value 200l.; the goods of Cranstoun George Ridout, in his dwelling-house: 2d COUNT, feloniously receiving the same.—(See page 20.)
MR. PAYNE conducted the Prosecution.
CRAMSTOUN GEORGE RIDOUT . I live at 11, Wimpole-street, Cavendish-square, in the parish of St. Marylebone. I left town the latter end of August; 1 left my house in charge of Elisabeth Rogers, my housemaid—my plate was locked up in a closet close by my bed-room door—there were forty-two spoons, a tea-pot, coffee-pot, and other articles—I received information, and
came to town at eleven o'clock at night, on 23d Oct.—I discovered the closet had been broken open, and the plate stolen—I stated it was of the value of 200l., but it was considerably more—I have seen the plate, said to have been pawned by the prisoner—I identify it as mine.
ISABELLA JENNINGS (a prisoner.) I am sister of Elizabeth Rogers—she lived housemaid at Mr. Ridout's—I remember he and his family leaving town on 29th August—I went there the next day, and staid till 22d Sept.—I then removed to 42, East-street—I remember the plate closet close by Mr. Ridout's bed-room—that closet was opened about the middle of the time of Mr. Ridout's going away and my leaving to go to East-street—I and my husband, Rogers and the prisoner were present—the prisoner is my husband's brother's wife, and Rogers is my sister—on 22d Sept, I and my husband, Rogers, and the prisoner, went in a cab—we had with us, in a basket, the plate which had been in the closet—we got to Fleet-street, and arrived at Mr. Gray's, the pawnbroker's—we all got out, and dismissed the cab, and the prisoner went into the pawnbroker's with half-a-dozen spoons—they were the spoons which were produced by a witness named Avant, when I was tried—I pawned some other parts of the plate in Farringdon-street, Elizabeth Jennings went with me—on 25th Sept. I was at the Buffalo's Head, in the New-road—the prisoner and her husband were there—the prisoner knew where the plate came from that she took to the pawnbroker's, and she went with me from Mr. Ridout's that morning.
COURT. Q. What time was this closet opened? A. In the afternoon—it was in the evening we went to the pawnbroker's—some of the plate was removed when the closet was opened first—it was taken at different times.
JOSEPH AVANT . I am manager to Mr. Gray, a pawnbroker, 114, Fleet-street. I produce two gravy-spoons and four table-spoons pawned on 22d Sept. for 5l. by the prisoner in the name of Amelia Greenwood by Elizabeth Smith—she was then very well dressed, and stated that they belonged to Mrs. Greenwood in Hackney-road—she said she knew it to be all right, that they belonged to a lady that she knew perfectly well.
MR. RIDOUT re-examined. These are my property.
Prisoner's Defence I was not present when they were taken away; I own I pawned them; I gave the name I was told to give; I was at my lodging and she came to me and took me in a cab and asked me to go and pawn it; I was not aware that it was stolen.
GUILTY of receiving. Aged 26.— Confined Five Months.
MARIA THOMPSON . I am a widow, and live in Sloane-street—the prisoner was in my service for five or six months—she left me about eight months ago—these cups and saucers and all these articles produced are mine.
Cross-examined by MR. BRIARLY. Q. Are these necklaces yours? A. Yes, they are imitation pearls, not of great value—I went to a closet in the back attic to look for a particular thing, and found it had been broken open and a great many things gone—it was about a month after the prisoner was gone that I missed these articles—they had been kept there, and were not in use—I had another servant named Ann Lipscomb—she has been taken in custody—she was cook, and the prisoner used to assist in cooking and cleaning—Lipscomb left me some time after the prisoner did, and it was not till after Lips
comb had left that I discovered that somebody had cut the wood of the closet door—I had a robbery some months after the prisoner and Lipscomb had left me—I cannot say whether the prisoner gave me notice that the would go—I had no charge against her while she was in my service.
GEOROE TEWSLEY (policeman, B 181). I apprehended the prisoner at the Brown Bear dancing-rooms, Knightsbridge, on 22d Dec.—she was charged with stealing a shawl—she denied it, and it has never been found—she gave her address at 10, Arthur-street, Trevor-square, and told me she occupied the front kitchen—I went and searched a work-box there—I found this little box with these necklaces in it, and all these articles except the cups and saucers—I found nine duplicates, one relates to two images, which the pawnbroker will produce; the rest were of her own clothes—I do not know whether Lipscomb was in the house—there was the landlord and landlady, and several lodgers, who are not here.
CHARLES CHINN (policeman, A 255). I found the prisoner at the Brown Bear, on 22d Dec.—she said she knew nothing of the charge—I went to her lodging—I found these two counter dishes and this knife in a drawer in the dressing-case—we have plenty more things to match these—there was some I very valuable property found on another prisoner, who is remanded for a week—this article has Sir William Thompson's crest on it—the other servant is twenty-five years old.
Cross-examined. Q. What was produced on the first examination? A. The whole of these things, with the exception of this cup and saucer and little China dog—on the first search the landlord said the other things were his—this China dog and the cup and saucer were then on the mantelpiece, and they were then put in the box—they were found alter the prisoner was remanded—these articles bear no proportion in value to what was found on the other woman.
GEORGE WILTSHEARE . I am a pawnbroker—I produce these images—they were taken in by a man who has left'our service—they were pawned in the name of Jane Clark Lodger, New-road—I have the counterpart of the duplicate produced by the officer.
MARIA THOMPSON re-examined. Neither o( the servants occupied the back attic—it was a room I did not use for any purpose—these things were put quite out of the way—these images are mine, and were in that closet-there were two sets of China there—these things are a very small portion of what was there—a great deal was gone—I hope to find another set of China which is very valuable—the wood of the door had been cut, and the lock picked—I think the instruments have been found that opened it.
CHARLES CHINN re-examined. I found the hammer and chisel in the other servant's box, at No. 4, Arthur-street—she did live there, but we found her at Windsor—we found a great quantity of things in her box at Arthur-Street—these things might be only specimens of what the others were—there is a quantity more things misting—we know where to find tome.
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
ANDREW BARNARD SPRINGWELLER . I make medicine-chests, and live in Duke-street, Little Britain. On 7th July, between twelve and one o'clock in the day, a person came to my shop and accosted me very familiarly, apparently knowing me—in my own mind I believe the prisoner to be the man, but I canuot swear positively to him—I said, "I think you have the advantage of
me, it is most likely you recollect me at Savory and Moore's, about two years since"—he said he had taken a business at the West-end of the town, late in possession of Mr. Downes, of Duke-street, Manchester-square, and he wished some articles in my line—I knew there was a person named Downes who had died some time before—he introduced this check for 12l. 4s., drawn by Mr. Williams, and asked if I would pass it through my hankers, it being crossed "and Co."—I rather hesitated from the smallness of the amount, and having nothing to pay in that day; but after some time I said 1 would do it, he having told me he had taken Downes' business, and that he should be a customer of mine, induced me to do it—he asked me to give bim a check, which 1 rather hesitated doing—I said it was not exactly business, as we were strangers, but I would pay it in, and if it was paid he might have the money next day if he called on me—he asked if I would give him a check dated the following day—that I objected to do, but said he could have the money if he called on me in the morning, supposing it was paid—he said he thought he should be unable to call, and I, supposing he was in possession of Downes' business, told him my man would be up in the course of the day, and would bring him the money—he left, leaving me the check, having selected some few bottles which were to be sent to bim—I paid the check into my bankers—his "Union Bank" was written by my orders—the same evening I received this note—(read—"Sir, I must request you do not present the crossed cheque I left in your hands, for it will not be paid. I have further to state, that in consequence of my being unable to complete my purchase of the business, I shall not require the bottles I selected. Regretting the trouble I have occasioned you, I remain, Sir, your obedient, J. Higg. Ford.")—I saw no more of the prisoner—I did not send the bottles.
Prisoner. Q. You said before the Magistrate that there was a marked difference in the upper part of the face between me and the party who presented the order? A. Yes; but I have recovered from that—you look more like the person now, you had a hollow eye then—if asked if 1 ever saw you before, I could not answer offhand—I should feel great doubt in swearing to you, but have a very strong impression.
FREDERICK WILLIAM THOMAS . My office is in Union-court, Old Broad-street. I know the prisoner—I have seen him write and endorse a bill—I have bills in the same writing as this one, passed by the prisoner to me—I believe this to be his, the whole of it—he has three or four handwritings—he signs his name in a hand like this—he passed to me bills of exchange in various parties' names in this other writing—I swear this letter is his.
Prisoner. Q. Did you ever see me write? A. I saw you endorse two bills—I have had three or four letters from you when your bills were unpaid, offering me money to hold them over—it is two years last July aince 1 took the last of your forged bills.
WILLIAM TWBLLS . I am clerk to Matthias Attwood and others—I paid this check—we have no banking account in the name of Thomas Williams, but we paid it on account of the Brecon Provincial Bank—we supposed it to be their check—I believe it was compared with other writing supposed to be Mr. Williams's.
Prisoner. Q. Were you advised of the letter of credit? A. Our advices were to pay Mr. Williams's checks to the amount of 100l.
THE REV. THOMAS WILLIAMS . I am a clergyman, of the county of Brecon. I had credit at Spooner and Attwoods, through the National and Provincial Bank—this check is not my writing, or written by my authority—I do not think I ever saw the prisoner before Friday.
Prisoner. Q. You said before the Magistrate that the party who wrote it
had not the slightest idea of forging your name? A. It does not resemble my writing at all.
----HARD WICK (police-sergeant, D 7). I took the prisoner at Winchester on 23d Dec. on another charge.
Prisoner's Defence, I did not present the check—I know nothing about it.
JAMES BRANNAN (police-sergeant, G 20). I produce a certificate of the prisoner's conviction—(read—Convicted Aug. 1846, of uttering a forged order for 10l., and transported for seven years)—I was present—he is the person—through the intercession of his friends his sentence was commuted.
GUILTY . Aged 27.— Transported for Ten Years ,
JEREMIAH TAVIS . I am a labourer, of 51, Union-street, Hoxton. On Christmas-day, between two and three o'clock in the afternoon, I was at the end of Plummer-street, City-road—I had a scuffle and fight with a man, and fell on the ground; as I was getting up, several men fell on me—the prisoner was one—I felt his hand in my trowsers'-pocket, and held it there—I was struck by some other man, and he withdrew bis hand and ran across the road—I missed a half-crown, four shillings, two sixpences, and some copper, which was aafe just before.
Prisoner. I was not there. Witness. I have not the least doubt of him—I recollect his features.
ISABELLA TAVIS . I am the wife of the last witness. I was with him—he fell out with a man and began fighting with him—he fell, and I saw the prisoner take his hand out of my husband's pocket and run across the road—I am sure it was the prisoner—my husband was kept down by several men—some one attempted to stop the prisoner, and was knocked down in the kennel by two men.
WILLIAM BONE . I am a plumber and glacier, of Union-street, Hoxton. I saw Tavis tustling with the prisoner and several others—the prisoner got away—I struck him to prevent him—Tavis called out that bt was robbed—I ran after the prisoner and was tripped up by four or five of them, and the prisoner escaped—I am quite certain he is the man.
JOH JENKINSON (policeman). On the evening of 29th Dee. I met the prisoner in Bath-street, City-road, within two hundred yards of the spot—I told him the charge—he said, "Why, I was not there, but, however, it is no more than I expected"—I knew him well by sight.
The Prisoner called
JAMES BULL . On Christmas day, from two to three o'clock, the prisoner was at my mother's, 12, Little Nelson-street, Bath-street, City-road—he is a deputy son of my mother—my sister-in-law and my mother were there, four of ui altogether—we dined at half-past one; it was over about three or half-past—we had half a shoulder of mutton—the prisoner was there till half-past ten, when I left, except when he went to fetch a pint of beer, and then was not away above two or three minutes.
JANE BULL . We had some beer for dinner on Christmas day, the prisoner fetched it about half-past one o'clock—I do not think he went out for any more till the evening—he fetched a pint-and-a-half of porter from the Lord Nelson, in Nelson-street, which joins the City-road, not many yards off—we had not set down to dinner when he fetched it—it was not ready—he did not go out at two o'clock, or for any purpose till the evening—I did not hear of
his being in a scrape till he was in charge—the place where he was taken is not five minutes' walk from the Nelson—the party consisted of my brother, James, my mother, myself, and the prisoner—I cooked the dinner, it was part of a shoulder of mutton, potatoes, greens, and pudding.
ALFRED PINNER . I was taken with the prisoner on Christmas day—I fonght with Tavis, and was used most brutally by him and his wife—we began to tight at two o'clock, or a quarter-past, at the corner of Britannia-street, about three hundred yards from Little Nelson-street, and about two hundred yards from Bath-street—it lasted about twenty minutes—he threw me down—his wife rushed on me, and laid hold of my hair while the prosecutor punched me—a baker tried to keep the woman back, but she was too much for him—William Bone was there at the last—I did not see him tripped up, or hear Tavis call out for his money—I never heard him say he was robbed till he was at the office, and then he said he must have lost it in the crummage—I knew the prisoner before, and if he had been there, I should have known him—I am certain he was not—he is mistaken for a man named Frederick Baker, who he resembles—a voice did exclaim, "There goes George Bull"—I swear it was not him, but Frederick Baker—Bone did not fall at all—he did not run after the man that was escaping—if he says so, it is not true—he spoke to the policeman—I did not hear what he said.
JAMES WETTON . I was at 3, Plummer-street, on Christmas day—at twenty-five minutes past five in the evening a policeman came in with Tavis, who said somebody had robbed him of 2s.—he did not say it wai taken out of his pocket—that was all he said.
WILLIAM ALFRED LINDSLET . I am a box-maker, of Craven-buildings. The prisoner has done jobs for me occasionally—on Christmas day, about two o'clock, or a little after, I saw Pinner and Tavis fighting—Mrs. Tavii laid hold of his hair, and pulled him down—a party bearing a strong resemblance to the prisoner, struck at both of them at once—he bad a close cap over his head, and a coat similar to the prisoner's—I did not see the man who was tripped up, there was a scuffle in the road—I saw Tavis run across the road—I do not know Bone, I cannot say that I saw him there at all-there was a man holding Mrs. Tavis back—I do not know what became of the man resembling the prisoner—I did not see him in a stooping position—it was in the last round—he was not down at the time—I do not know his name—I did not think it was the prisoner—I did not hear anybody cry out, "There goes George Bull"—the name was not mentioned when I was there.
JOHN JENKINSON re-examined, I do not know Frederick Baker, or any one who is like the prisoner—Tavis described three men to me, the prisoner, Tinner, and a short man with a green coat—he was right in his description of Pinner as the man with whom he fought—I heard of it between seven and eight o'clock in the evening—Tavis said he had lost four half-crowns, two shillings, one penny, and a farthing, that he had it after he left home to go to Plummer-street—that is only three or four hundred yards—he described how it was taken in the way he has to-day, and named the prisoner.
JEREMIAH TAVIS re-examined. I knew the prisoner before this day, both by sight and name, and am sure he is the man—he once took a handkerchief from one of my shopmates, and had a hiding for it, that makes me know him well—we quarrelled because my wife said Pinner had struck her—I asked her what for—she said, she did not know; that she went down to ask him to give her money to maintain two children belonging to his wife, and he struck her—(I have partly to maintain his wife and children)—I went down, and he
threw off bit coat and hit me—I cannot say whether my wife held hit head down by his hair, at I had to many on me—it wat after two and before three o'clock—the prisoner was not with me above half a minote—he and the baker fell on me, and while I was holding hit band in my pocket, Pinner came and ttruck me in the face again—I had a full view of the pritoner't features—he wat on my chest, and Pinner ttood over me.
(The prisoner's sister here brought a man into Court who resembled the prisoner, but Bone stated that he wat not the man.)
NOT GUILTY .
OLD COURT—Thursday, January 4th, 1849.
PRESENT—Mr. RECORDER, and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder, and the Third Jury.
MR. ROBINSON conducted the Prosecution.
ELIAS ELIAS . I am a matter drover, and live at 8, Love-court, Goultton-ttreet, Whitechapel. I am employed by the prosecutor—his name it Jacob Solomon Salomo—he it an importer of cattle—on Tuesday morning, 19th Nov., I received 113 Dutch sheep for him at Brewer's Quay, and took them to Victoria Park to grate, and delivered them safe to Channing, the shepherd, between twelve and one o'clock that day—next morning I saw tight of those sheep at a public-bouse yard.
Cross-examined by MR. BALLANTINE. Q. Do you know Elliott? A. Only by working for me sow and then at a drover—he wat present whew these sheep were landed—I suppose he'came there like any other drover to look or a job—he knew next morning that they were taken to Victoria Park, because he came down to tee if they were gone.
THOMAS CHAMNIHG . I am shepherd at Victoria Park. On Tuesday, 19th Dec., 1 received from Elias 118 sheep, and turned them into the Park to grace—I saw them safe from four to half-past four—the Park it enclosed by a wooden fencing all round—that at safe at that time, to that the theep could not get out—next evening at nine o'clock I received information from Elias and Elliott; went to the Park and missed nine of the sheep—I found the nails drawn from the pott, leaving room for a sheep or a man to get through—one of the missing sheep wat afterwards found in the Park, tied by the legs.
HKNRT LENOX . I am a weaver by trade, and live with my father at 23, St. Joha street, Brick-lane. On Tuesday, 19th Dec., at I was passing down Have-street, Bethnal-green, I saw eight sheep coming along, and at they passed me I walked behind them by the side of the prisoner—when I had walked about fifty yardt he gave me thit stick (produced), and said, "Shove 'est along boy"—I walked about 150 yards further, and then met Elliott; he eanse up and looked at one of the sheep, and then said to ths prisoner, "Ant you the drover of these sheep?"—he said, "No, the drover hat gone on ahead"—Elliott said, "I shall follow these sheep wherever they go"—then the other man that wat with the prisoner made hit escape—he had been walking on the pavement—he wat dressed in a white fustian coat, and brass buttons, and a cloth cap—he kept coming into the road every now and then—he was on the pavement when Elliott came up—I did not tec any drover on ahead—the prisoner went to call the man back again—he called, "Bill," and then he ran
away up the same turning as the other—the prisoner was dressed in a white flannel jacket, and a cloth cap—he had a stick—he gave me his stick, and got another from the other man—Elliott ran after the prisoner, and told me to stop the sheep, I did so—Elliott then sent me for a policeman, I brought one, and Elliott gave the sheep into his charge—I was with the prisoner altogether five or ten minutes—he is the man.
Cross-examined. Q. Are you in any employment? A. Yes; for my father—I was out on business for him that day—I had been to Mr. Nicholls', in Manchester-street, for some work of my own for my father—I was coming from there—I overtook the sheep before I got to Church-row—they were not in Church-row—I know Victoria Park—I had not been there that day—Church-row leads to there—Elliott was standing close by Church-row, facing the Eastern Counties Goods Station—the sheep were not driven at all after Elliott came up—they were stopped at the corner of Fuller-street—he followed them to Fuller-street—he was walking on the pavement, smoking his pipe—it was up Fuller-street that the men ran—I had never seen Elliott before, to my knowledge—I never had any conversation with him, or knew where he lived; I know now—the sheep were going in the direction of his house—I have never been to his house—I swear I never knew him before this evening—I have not been a constant associate of his—I have never been with him about the railway-station—Elliott lives about five minutes' walk from my father's—I know a person named Finden by sight; he lives in the same street; 1 know he is here—he has not seen me with Elliott—I went home after this, and told my father what had occurred—my father does not know Elliott—I got home about half-past eight o'clock, after having been to the station-house—I was not before the Magistrate till the Friday—Elliott and the policeman fetched me—I had told the policeman where I lived; I had not told Elliott—I did not see Elliott between the Tuesday and the Thursday night, when they came for me to go and look at the man that Elliott said was the man that had the sheep—I swear I did not see him till then—I believe he is married—I saw his wife at the station on the night the sheep were taken—she came there, thinking he had been taken up for something, seeing him go along with the police—I have never been in any trouble—the prisoner keeps a large butcher's shop in Whitecross-street—I went there with Elliott and the policeman on the Thursday night, and Elliott pointed him out, and said, "There is the man; is that him?"—I looked at him as he passed, and was not quite sure at first—I was quite sure afterwards—Elliott said he was certain he was the man—I had never driven sheep before, only walked behind them as others might—I work at home with my father—he works for a warehouse in Milk-street, Cheapside—I had left home about six that evening, and went up Hare-street to Manchester-street—I was kept there about five minutes, and then returned straight back till I met the sheep—it was about a quarter-past six when Elliott gave the sheep in charge to the policeman—I am almost sure the prisoner called out, "Bill "—it was that or some other name; I think it was that—Elliott and I have not had any talk about this matter—I have seen him this Session by coming up here—I have never drank with him without my father—we had some beer when my father was present—my father has been here every day I have—my father and I have come together, and met Elliott here—I have had no talk with Elliott about this matter since I have been here—I am turned sixteen years of age—I get no wages; my father keeps me—I believe Elliott is called "Ragett y"—I heard Mr. Salomo call him so the night the sheep were stolen—I do not know a person named Henry Jones—I did not see any person
just by Fuller-street who had any conversation with Elliott; I was gone for a policeman.
MR. ROBINSON. Q. How far is Whitecross-street from Church-row? A. About a mile, or a mile and a half—Hare-street is the nearest way from Victoria Park to Whitecross-street.
JOHN LENOX (examined by Mr. Ballantine.) I am the father of last witness—I have been here with him every day this week to take care of him—I have not been drinking with Elliott, not alone; we had a drop of porter together yesterday while waitin here, Elliott and me, my son, the officer, and the other two witnesses; and also on Monday—I have never left my ton—I do not know Elliott—I never saw or heard of him before he came to my place on the Thursday night—my son got home on Tuesday night, about eight o'clock—he had been after some work of his own, at Mr. Nicholls's, the enterers, in Manchester-street—I was very angry with him for stopping to long, and he told me what had occurred—my son was at home all Wednesday and Thursday—they came for him on Thursday night to go and find the man—he was then gone on an errand—I have two daughters, and one other son—I am a weaver—this boy boards with me, and works under me—work has been very bad lately, and he went for three weeks to his uncle's to work—Elliott lives about half a mile from me.
WILLIAM ELLIOTT . I am a drover, and live at 1, Wilson-place, Flower-and-Dean-street, Spitalfields. On Tuesday night, 19th Dec., as I was going up Hare-street, out of Brick-lane, from six to half-past six o'clock, just as I got against a public-house, opposite the railroad, I saw eight sheep coming along, I counted the sheep as they came by, and when they got against a butcher's shop, I ran and got hold of one, and said to the prisoner, who bad them, "I know these sheep"—a boy was walking in the road, and the prisoner and another man were walking on the pavement—I said to the prisoner, "Are you the drover of these sheep?" he said, "No, the drover has run on ahead"—I went to run on before the sheep, and whistled, and said to him, "I shall stop these sheep, and shsll not let them go no further"—the other man, who was standing before the sheep then ran, and the prisoner followed—I sent the boy Lenox for a policeman: he brought one—a butcher, who was there, told me to have nothing to do with it, but to send for a policeman—I knew the sheep by the black tar-mark down the neck, by seeing them on the Monday night as they came from the vessel, and I had seen that mark before, it is Mr. Salomo's mark—I bave been in the habit of driving for him—I did not know on the Monday night that these sheep were going to Victoria Park, for sometimes they go to Plaistow—I knew they were going to graze, and were to come up on Friday morning.
COURT. Q. What brought you to the spot at this time? A. I was going down Hare-street—I had been to the Standard, and could not get in there, and I was going to the Fox, a little Tom and Jerry shop, by Mile-end Gate, to hear a song—it is a place frequented by drovers—I had never seen Lenox before this occasion—I have seen the prisoner about Smithfield for the last two years.
Cross-examined. Q. Did not you know Lenox at all? A, No; he was driving the sheep with a stick—he said the prisoner had given it him—I sent him for the policeman, because the butcher told me to send for one—when I told Lenox the sheep had been stolen, he was struck in a minute, and you might have knocked him down—I told him that when I stopped them—there were a good many people round at the time—I called out, "These sheep have been stolen"—I sent Lenox for the policeman, as he was the first boy I
could get—there was hardly anybody about at the time, only' passers by—nobody would go for a policeman; only this boy—I asked, "Who will go for a policeman?" and the boy directly said, "I will"—I know a Mr. Jones, a drover—he came up after I sent for a policeman, not before—I said to Jones, "Look here, here are eight sheep that I have stopped; they have just come out of the Park, and I will swear they have been stolen"—I did not say "This is how the sheep are nailed"—Jones went away; he would have nothing at all to do with it—I do not know whether he asked me who had taken the sheep away from the Park—I told him that two men had run round the corner, and one had a flannel jacket on—he asked why I had not run after them, and I said, "What am I to do with the sheep?"—he said, "Why, any one would have minded the sheep"—I did not know how many there was, I might have lost them—when I found them I stopped by them—I did follow the men halfway up Fuller-street, and then came back—I did not call stop thief; there was nobody about—I never called out anything—I ran back and minded the sheep, and sent for a policeman—I occupy the whole house where I live—there are three rooms—I let two of them, one at 2s. a week, and one at 3s. 6d.—I do not know the occupier's names—one is a car-penter, named Bryant, and the other is Sarah Barrett—it is not a house of accommodation—there is only one girl lives there, in the bottom room—she is on the town, she brings men there—I had not done any work that day—I saw the sheep land on the Monday night—I had been waiting for the boat all Sunday and Monday—I was at Smithfield on the Friday, and at Black wall on the Saturday, waiting for a boat to come in—I do not wait to see the trains arrive—I sometimes go to the railway on a Sunday at this time of year; not to the goods-station—I am not constantly there; I have never been there with Lenox—I am called Ragetty, and sometimes Bill and Jemmy Ragettif—I have been in one or two difficulties, not ten or a dozen times, for dishonesty—I know I have four times—I do not know how loag ago was the first time; it is years ago—I do not keep it in my head—I had three months at llford, for a coat, a handkerchief, and a pair of gloves—I do not know whether I was tried by a jury, I believe I was—I had two months for some knives which I picked up in Leadenhall-market, by Mr. Scales' block, where I used to sleep when my father and mother died—I do not know whe-ther I was tried by a jury then—I remember some cattle hair belonging to Mr. Nicholli; I got nothing for that—I found it lying openly in a hole, next to his, and I took it—I was not tried for that, for sent for trial—I have been fined for cruelty—I do not know whether I was in Church-row or not that night—it is one way from Victoria Park to my house—I was not in Victoria Park that night—I was not in Church-row that night—I was not driving these sheep there, nor any sheep, nor was any boy assisting me to do so—I was going towards Church-row when I saw the sheep—I saw Jones in Smithfield on the Friday after this—he said to roe, "How could you tell such a lie about Wainwright? how could you have sworn to him as being the man?"—I did not make him any answer—I did not say, "It was not 1 that swore to the man; it was the boy"—I do not know whether I said so or whether I did not—I did not say any such thing: I swear that, nor anything to that effect—I told Jones he was not there at the time, that he came up when I had sent for the policeman, and he knew nothing about it—Jones said, "Why you did not stop them till you saw me"—I bad stopped them about ten minutes before he came up—I did not know whether Jones knew Mr. Salomo and his sheep—I did not know they were acquainted—I have seen Jones speak to Mr. Salomo's drover—the prisoner was given in charge on Thursday night—I
was down at Blackwall on the Wednesday waiting for the boat—I went about eleven o'clock—I did not at that time know where Lenox lived; I had beard on the Tuesday night, because the policeman gave us a bit of paper with his direction on it—I was not with the policeman on the Wednesday morning, I was on Wednesday night, between one and two—I did not see Lenox on the Wednesday—I parted with him on the Tuesday night at the station, about eight o'clock—I did not see him again that night—I did not goto his house, nor see him again till Thursday night—) did not know where be lived till I pave his direction to the policeman—I and the policeman went to his house for him—it was another policeman that gave me his address on the Tuesday; he is not here—the policeman and I had been walking about to a great many places before we went to the prisoner's house—I did not know where he lived—I had seen him in Smithfield—I did not go to Smithfield to make inquiries about him—I did not know his name—I bad never seen Lenox before this Tuesday night—I had never been at the Railway-station with him in my life.
The proseattor's name not being proved as laid, the Court directed the Jury to find the prisoner
NOT GUILTY .
NEW COURT.—Thursday, Jan. 4th, 1849.
PRESENT—Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fourlh Jury.
NOT GUILTY .
GUILTY of Assault. — Confined Six Month.
Before Mr. Recorder,
WILLIAM CULLINOTON . I live at Barking. I was aroused by my wife about one o'clock in the night of Boxing-night, after I had been in bed about three-quarters of an hour—I listened and heard a noise down stairs—I got up and went down, with a stick in my hand—I saw the shape of a man bolting out of the sitting-room into a little washhouse, and trying to escape from the window—I bolted after him, and laid hold of his foot—he drove me against the side of the window-cill and made me let go of him—he then jumped out—I jumped out after him, (naked as I was; I had nothing on but my shirt,) and caught him before he had got up the court—a policeman was close by, and be came and took him—it was the prisoner, I never lost sight of him—I went back to my house, and from a closet in the sitting-room missed a piece of piecrust,
which I had left there when I went to bed—there was nothing hut the crust and gravy—the crust was found outside the window out of which the prisoner escaped—he must have entered by the washhouse-window—it hat no particular fastening to it, but I had closed it up properly, as usual—there is no door to the washhouse.
JOSEPH ALDER (policeman, K 225). Cullington gave the prisoner into my custody, about twenty or thirty yards from the washhouse-window—the pri-soner had no cap on, and I found it about two yards from the washhouse-window, along with the pie-crust—I searched him, but found nothing on him—some of the things in the washhouse had been moved and turned bottom upwards—I found that some one had tried to enter the next house.
Prisoner's Defence. The prosecutor never saw me inside the house, but came and hit me in the court, and knocked my cap off.
GUILTY . Aged 20.—Recommended to mercy on account of his youth.— Confined One Month.
Before Edward Bullock, Esq.
JOSEPH BRAND . I am a boot-maker, at Barking. On 23d Dec. Skinner came into my shop, about six o'clock in the evening, with some greens—I did not buy any—after he left, I missed this pair of boots—I had seen them safe ten minutes before—I gave information to the police, and I went to the shop of Mr. Brand, a grocer, opposite, about ten—I found Beacbley in the shop with the boots on her feet—I said they were my boots—she said she bought them in Mile-end-road, at six o'clock—I said they were in my shop at that time—she called in Skinner to witness that she or they bought then—I called in a policeman—they told him where they got them.
STEPHEN WALKER (police-sergeant, K 19). On 23d Dec. I went to Mr. Brand's, and saw the prisoners there—I took the left boot off Beachley—Skinner said, "We bought these boots at half-past six this evening, in Mile-end-road"—Beachley replied, "That is where we bought them"—on the way to the station, Skinner said to her, "Don't say anything more about these boots.
Beachley's Defence. I bought them honestly, not knowing they were stolen, or I should not have had them on my feet.
SKINNER— GUILTY . Aged 36.— Confined Six Months.
BEACHLEY— GUILTY . Aged 43.— Confined Two Months.
Before Mr. Recorder.
GUILTY . Aged 18.— Confined Fourteen Days.
half-past six o'clock in the evening, on 18th Dec, I lost some broom heads—I had seen them safe ten minutes or a quarter of an hour before—these are them (produced.)
WILLIAM GEORGE OSBORN (police-sergeant, R 13). At half-past seven o'clock at night, on 18th Dec, I saw the prisoner with these broom heads—he said he had bought them for a shilling—I took him to the station, and found the owner.
Prisoner's Defence. I met a man, and gave him a shilling for them.
GEROGE RADFORD (police-sergeant, M 19). 1 produce a certificate of the prisoner's former conviction, at this Court, by the name of Robert Downing—(read—Convicted July, 1848, and confined three months)—he is the person.
GUILTY .— Confined Eight Months.
GUILTY . Aged 18.— Confined Twelve Months.
Before Edward Bulloch, Esq.
FREDERICK OLDMEADOW . I am a tailor. On 21st Dec, between three and four o'clock in the afternoon, 1 was in the Blackfriars-road, and saw a person driving a chaise, on the left side from the bridge, at the rate, as far as I can judge, of not more than seven miles an hour—I saw a woman crossing the street—the chaise brushed by the side of her—she fell—her body equivocated, and she never moved again—the man stopped his horse—it was impossible for the chaise to have gone over her—I have known her for years—her name was Elizabeth lies, of the Alms-houses; she went by no other name.
Cross-examined by MR. BALLANTINB. Q. I believe you stated before the Coroner and Grand Jury that you considered the matter quite accidental?
A. Yes—I am quite a stranger to the prisoner.
NOT GUILTY .
Before Mr. Justice Maule.
423. JAMES WILLIAM LUDLAM , breaking and entering the dwell ing-house of Charles Butler, and stealing 64 sovereigns, 1 half-sovereign, 1 crown, 4 half-crowns; I 30l., 4 20l., 12 10l., and 4 5l. notes; his property.
MR. PARRY conducted the Prosecution.
ELIZA BUTLER . I am the wife of Charles Butler, of 75, Brandon-street, Lock's-fields, in the parish of Newington—we keep an ale and beer-shop. On Saturday evening, 16th Dec., about a quarter or ten minutes past seven o'clock, I went into my bed-room, which is the front room on the first-floor, to make the bed—there are two chests of drawers in that room, rn one of which my husband always keeps his money—it is a small drawer, and is always kept loeked—it was to all appearance safe as usual at that time, and the window quite shut—it had not been opened that day—it is a small sash-window, with a catch at the side—I did not notice whether that catch was up or down at the time—I came down stairs, and in about twenty or twenty-five minutes a little girl, named Sarah Ann Sharp, came and told me something—I immediately took a light, and ran up to my bed-room—I could not get in—I called same men to vay assistance, and afterwards got in—I found a chaif had been placed
between the clothes-stool and the drawers, to prevent my getting in—the window-sash was thrown np to the top, the drawers broken open, and the money gone—I do not know what amount there was in the drawer—I was never accustomed to go to it—I saw nothing of the prisoner that evening—I had seen him between ten and eleven o'clock in the morning—there is a ledge over the bar-window, and under the bed-room window, upon which a person could stand, and so get into the bed-room.
CHARLES BUTLER . I keep this beer-shop, and deal in second-hand carriages. About nine o'clock, on the morning of 16th Dec, I went to the drawer in the bed-room, where I kept my money—I found it correct, as far as I knew, the same as I had left it overnight—there were nine sovereigns and a half, loose, and a bag containing fifty sovereigns—I did not open that that morning, and had not counted the money for a fortnight or three weeks—I had not counted ray notes for a goodish bit, but when my man brought me notes home 1 put them into my pocket-book along with the rest—I believe the money I then had was 255l. in notes, fifty sovereigns in the bag, nine sovereigns and a half, four half-crowns, and a crown-piece—I went oat at ten o'clock that morning, and returned about eight or nine in the evening, a little tipsy, and found the room in the state Mrs. Butler has described, the drawer broken open, and the money gone.
FANNY WHITE I am the wife of William White, of 22, Brandon-street, nearly opposite Mr. Butler's, and am a milliner. On Saturday evening, 16th Dec, about half-past seven o'clock, I was going from the Kent-road to my own house, and had occasion to pass Mr. Butler's on the opposite side of the way—I saw a man looking out of the bed-room window, which was wide open—I was then eight or ten yards off—I looked at him, and I believe he saw me, for he drew back into the room—I saw another man on the pavement, under the window, with an umbrella—it was raining—I had an umbrella up, leaning over my right shoulder—I heard the man under the window say, "Damme, be quick"—the man then came forward to the window again, and jumped out into the street—whether he jumped from the window, or first stepped on the ledge, I cannot tell—I had not an opportunity of seeing his face fully the first time; the second time I saw it perfectly—the prisoner is the man—I had very frequently seen him before at Mr. Butler's, where I was in the habit of going twice a day for my beer—I never spoke to him, and did not know his name—in the summer-time he was generally sitting on a form outside the bar-window—there is a gaslight in the bar-window; that threw a light up towards the first-floor quite sufficient for me to see the man, and when he jumped down, the man with the umbrella first ran, the prisoner followed him round the corner—I immediately went in, and described the man to Mrs. Butler—when the prisoner alighted on the ground I was not more than two yards from him—I was crossing the road, and I stood still when he jumped, by the side of a chaise-cart—I have not the slightest doubt the prisoner is the person.
Cross-examined by MR. BALLANTINE. Q. You are not in the habit of doubting much about anything, are you? A. I have not had anything to doubt about; if I had any I would say so—my husband is a milkman—the umbrella I had was a cotton one, and rather large, and I had two loaves under my arm—I cannot exactly say when I had seen the prisoner last—I had been ill for nearly eight weeks after my confinement, and my doctor ordered me not to take beer, so I have not been to the house for some time—I was taken ill on 1st Nov.—it could not have been many days before that that I saw him, because I was in the habit of seeing him daily—I am sure I have seen him
since the summer, but I did not know where he lived—he used to be in company with a stout man—I knew that stout man by sight, for I had to take home some dresses to a person at 25, Charles-street, Lock's-fields, and this stout man opened the door to roe, which made me notice him particularly afterwards—I have seen him sitting with the prisoner before that and afterwards also—I did not know his name either—the prisoner used to wear a hat; on this night he had a black shiny cap on, like oilskin, I cannot say whether it had a front to it—it was not over his face—it seemed on the crown of hit head—it was a darkish night—there was no light, except from the bar-parlour—I am certain that the shutters of the bar-parlour were down—I saw a little girl in advance of me; I do not know her name, the was nearer to Mr. Butler's house than I was—she gave the first alarm—the next time I saw the prisoner was on the Wednesday morning following, the 19th, at the station—the sergeant came after me, and told me he had got the man—he did not point him out to me—I was sent into the room—there were several men there—I was sent in to recognise the man that I had been in the habit of seeing at Mr. Butler's, and I knew him in a minute—I cannot tell how he was dressed, no more than the cap—I saw his features very clearly—the light was thrown upon his face from the barwindow, which is a bowwindow—the gaslamp outside was not alight, but the gas inside the window was, and I saw the prisoner's features from that—it is a large window, all glass—it is flat to the house, not a bow—I did not notice the man's face the first time, but the second time, when he got out, I saw it perfectly, as he was getting out, and at the window—those were the only opportunities I bad of seeing him—he had nothing on his face—his cap was on his head—I could see his face plainly—I did not notice whether he had whiskers—I had always seen him with whiskers—I did not run alter him—I am timid, and I immediately went in and told Mrs. Butler.
COURT. Q. When have you seen him with whiskers? A. When he was sitting on the bench in the summer—I never saw him without whiskers till I saw him at the station—I always noticed bim particularly—he bad not very large whiskers—he generally had a stick in his hand—I did not observe whether he had whiskers when I saw him at the station, but 1 felt perfectly sure he was the man.
WILLIAM SMITH (policeman, P 82). I was called to Butler's house on Saturday, 16th Dec.—I saw some marks on the leaden ledge outside the first-floor window, apparently from shoe-nails—the ledge extends about eight inches from the wall over the bar-window—it is put to carry the wet off—it is level, so that a person could stand on it, and get from it in at the front window—a person could easily get from the ground to that ledge, it is only six or seven feet high—it is a very low house; you go down a step to get into it—if one man assisted another to get up, of course it would be easier—I received from Mrs. Butler a description of a person—I also received other information, in consequence of which I sought for the prisoner—I bad seen him before, but did not know his name—I went to 72, St. Andrew's-road, Kent-road, and with other constables watched that house from two o'clock on Sunday until Tuesday night, 19th, about nine, when I saw the prisoner come into St. Andrew's-road, come along on the opposite side to where he lived, and pass his house, 72—after he had passed it four or five houses, he crossed the road in a slanting direction, went into an a venue or court leading into St. George's-road, about a dozen or eighteen steps, then returned and went on the same side of the way as his house, and just as he got to the door he coughed—he did not knock—the door was opened almost
immediately, and he went in—he remained there that night—I watched the whole of the night with two other constables—he was taken into custody next morning at half-past ten, by Davis.
Cross-examined. Q. When, did you first get information of the robbery? A. About eight o'clock on the night it occurred—there were four or five policemen watching the prisoner's house at different times, detectives and others—we kept a constant watch on the house—I saw some persons go in—I knew some of them, they were followed when they came out—the premises were searched after he was taken, and nothing found—he seemed to be living in a very humble way, and to be poor—he has a wife and child, and only occupied one room—other persons were living in the house.
MR. PARRY. Q, Were you able to ascertain in any way how he got his living? A. Not at all—I made inquiries—I did not observe the light at Butler's on the Saturday night—from the light in the window you could discern a person above—a light is cast up the front of the house from the gas, so that you can see the first-floor window very well—the bar-window is very large, and the burner very strong.
COURT to CHARLES BUTLER. Q. How came you to keep so much money in your house? A. Because I do a little discounting—I sometimes have 400l. or 500l. in the bouse, and sometimes not 50l.—I have no banker—I never lost anything before—I am a coach-broker—I purchase carriages and coaches of all descriptions, and lay out some hundreds of pounds in a twelvemonth.
MR. BALLANTINE. Q. Have you ever said that from inquiries you had made you were quite satisfied the prisoner was not the man who committed the robbery? A. I am sure I do not know what I said—I was a little unsettled at the time I lost the money—I do not know that I had said anything to that effect—I do not remember whether I did or not—the gas lamp is close against the window, it does not show a great light unless my wife turns it on strong—the prisoner has used my house six or seven months, off and on—I did not know his name or address, I am seldom at home—I go out of a morning and come home in the evening—I leave the beer business to my wife, and attend Robinson's, Dixon's, and Tattersall's sales.
SARAH ANN SHARP . I live at 6, Rodney-place, New Kent-road. On Saturday evening, 16th Sept., I went to Mr. Butler's for some beer for my mistress, and as I was going out of the house with it, I saw a roan jump from the window—there was a man underneath the window, and I heard him say, "All right, make haste," or something of that sort—I directly ran in and said, "Mrs. Butler, there is a man jumped from your window"—she went up stairs and 1 went away—I do not know who the man was—I took no notice of him.
Cross-examined Q. Why? A. I do not know—it was a dark night—I had just come out of the door—I did not notice whether the tap-room shutters were shut, but I am almost sure they were—I do not think there was any light shining out—the roan's face was not towards me—I did not see Mrs. White—there was no light shining on the person as he jumped from the window—it was not possible for anybody to see his face—I know nothing of the prisoner—I have often seen him before at Mr. Butler's—I did not notice what the man had on his head—he jumped out very quickly, and went away as hard as he could.
JURY. Q. You do not remember whether any light shone out or not? A. There was a light from the bar-window—that did not reflect on the man—there was light enough for me to see there was a man—I did not know the prisoner's name or where he lived—I have been living in my present fifteen months, and was in service before—I ate getting on for sixteen years old.
RICHARD DAVIS (policeman, P 55). I apprehended the prisoner—I found on him 1l. 7s. 6d., told him what he was charged with—he asked whether Mr. Boiler authorised me to take him or not—I said I staid not answer that question, he must go to the station—I had authority to take him—the prosecutor's house is its the parish of St. Mary, Newinton.
CHARLES BUTLER re-examined. I have seen the prisoner with whiskers—I saw him without them for a little while, two or three months ago—on the night before ike robbery I saw him at my house aboout seven or eight—I was not tipsy—I had bad a little drop to drink—the prisoner called for two pints of beer and I drank part of it—he had no whiskers then—I do net know the numbers of any of my notes, my man knew where he took some of them, but he made inquiry and they did not know the numbers.
ELIZA BUTLER re-examined. The prisoner used to have whiskers—the last time I saw them was two months ago—I never saw him without till I saw him at the statton—I had not seen him since the robbery—he was in the house on Friday night between eight and nine, and on Saturday morning—I did not observe anything about whiskers then sometimes twice a day, and sometimes twice a week.
GUILTY .** Aged 42— Transported for Ten Years.
Before Edward Bullock, Esq.
GUILTY . Aged 23.— Confined Four Months.
RICHARD ROBINSON . I am master of St. Georfte-the-Martyr, Sauthwark—I know the prisonrs well—they occasionally worked in the yard—they worked on 2d Nov.; I will not be positive whether they worked on the 7th. On the morning of the 7th, I missed saws (produced), and gave information to the police—I know them from one spindle-hole being larger than the other, and I have the counterparts them—they belong to the Guardians of the Poor—one of them I know was safe on the morning of 6th Nov.—the prisoner had access to the saw-house; other men worked there.
THOMAS HARRIS . I am assistant to a pawnbroker in St. George's-circus, Blackfriars-road—I have two saws pawned, one on the 4th, and one on the 7th of Nov., by two persons, Alfred Curtis is one of them—I gave a duplicate.
ALFRED CURTIS— GUILTY . Aged 28.— Confined Twelve Months.
GEORGE CURTIS— NOT GUILTY .
426. ALFRED CURTIS was again indicted for stealing 2 waistcoats, and other articles; the goods of James Meuzies; and 8 pairs of scissors, value 3s.; the goods of the Guardians of the Poor of S t. George-the-Martyr, Southwark.
Southwark. At half-past ten on the night of 23d Nov., I fastened my shop-door, and went to bed; everything was then safe—at half-past six next morning, I found an entrance had been made into the shop by a small door having been forced open—I missed a coat and a hat—a cupboard had been forced open, from which I missed three pairs of scissors belonging to the Guardians, two waistcoats, a pair of trowsers, and a pair of Blucher boots—I saw the boots afterwards on the prisoner's feet; I am certain they are mine—the other things I have not seen.
Prisoner's Defence. I bought them in Petticoat-lane for 1s. 6d.
NOT GUILTY .
RICHARD DAVIS (policeman, P 55). Between five and six on the evening of 13th Dec, I saw Clayton and Band in Newman's, which is a marine store-dealer's shop; I did not know them before, but I am sure it was them—Newman was at the back of the shop—I went in and asked him what those two lads had brought in for sale—he made no answer, but moved something close to a pair of scales, and Clayton said, "I came in to buy a shirt, Mr. Davis; it is all right"—Newman then moved something again—I went towards him, and Clayton escaped—I secured Band in the shop—Newman said, "They brought in this scraper to sell for old iron"—I said, "Why could not you tell me that at first, then the other would not have escaped"—he said he thought he was not doing any harm—this is the scraper—I took Band to the station—Clayton's father afterwards gave him into custody—both Clayton and Band said, at the police-court door, that some man gave them the scraper, and said he would give them 2d. if they would sell it.
Cross-examined by MR. CHARNOCK. Q. Are you sure Clayton was the other? A. Yes.
Cross-examined. Q. How do you know it? A. By cleaning it every morning for about two months—there are two small holes in the bottom of it—it was kept outside the front door, in a little garden—it was not chained; it was taken in at night.
Newman's Defence. The policeman asked if these lads bad come in to buy anything; I was surprised, and one of them turned and said, "Yes, to buy a shirt;" I looked, and said, "No, they have brought this scraper in to sell;" during that time Clayton ran away.
NOT GUILTY .
WILLIAM MARR . I am a coal-merchant, of Jamaica-wharf, Upper Ground-street. I am in partnership with James Neal—there was a barge, laden with coals, belonging to us, lying off our wharf, on Christmas-day—the coals produced by the policeman, to all appearance, are the same as those in our barge—I could not say that I missed any, because a quantity of rain had fallen.
JOSKPH JOHN LEWIS (Thamespolice-inspector.) About eight o'clock in the morning of Christmas-day I was on duty, and saw the prisoners on some empty barges afloat off Mr. Marr's wharf—I rowed to them, and found they
had got two boats, full of coals, between the barges—I asked how they became possessed of them—they said they swept them from the barges—Goodwin was in one of the boats—I asked him how be got them—he said he swept them up, and had been about an hour getting them—he had got about six cwt. in his boat, the other's boat had about four cwt. in it—Goodwin said he had left his shovel in one of the barges be bad swept—I looked about, and there were two shovels in one boat—he said one of them was hit.
RALPH FIELD THOMAS (Thanes-policeman, 18). On Christmas morning, between eight and nine o'clock, I saw the prisoners on some barges at the prosecutor's wharf—Goodwin jumped into his boat—I rowed down, and found some coals in it—he said they were sweepings—I said, "These are not sweepings"—he said, "Yes, they are"—I saw the Ludgroves crossing the barges, and took them—I saw the other boat of coals—they said they had got them out of the craft there—I looked, and there had been no craft recently swept, and the craft were not on the place where they were—there were no barges there but the prosecutor's—we weighed the coals—those in Goodwin's boat weighed about five, and those in the other about six cwt.—they were quite dry.
NOT GUILTY .
429. MARY ANN DUKE , stealing 1 watch, value 3l.; and 2 handkerchiefs, 3s.; the goods of William Simmons; having been before convicted: to which she pleaded GUILTY . Aged 25.— Transported for Seven Years.
430. WILLIAM KEITH , stealing 1 chest, and other articles, value 4l. 6s.; the goods of William Brown: 1 chest, and other articles, value 1l. 3s.; the goods of Joseph Havanagh: and 1 chest, and other articles, value 10s.; the goods of Henry Bland: to which he pleaded
GUILTY . Aged 22.— Confined Twelve Months.
Before Mr. Recorder.
GUILTY .** Aged 19.— Transported for Ten Years.
432. LOUISA BROWN and MARY ANN SHAW , stealing 22 ewtc. and 15 grains of gold, value 4l. 15s.; 500 leaves of gold, 1l. 4s.; and 1 ounce of silver, 5s.; the goods of Walter Wainwright, the master of Shaw; to which SHAWpleaded GUILTY . Aged 17.— Judgment Respited.
WALTER WAINWRIGHT . I live in Charles-street, Horsleydown, and am a gold-beater. Shaw was in my service—I missed a piece of gold, about 6th Nov., from an open box in the back-parlour—I had seen it the day I put it in, which I believe was on the 6th—I afterwards lost a sovereign from the cash-box, which I am in the habit of keeping locked—I keep the key generally myself, but when I am going out I give it to my wife—I missed the key, and thought I had lost it in the street—I got a new one made, and afterwards put some more sovereigns into the box—I believe it was on 14th Dec.—there were five sovereigns in it, and I locked it with the new key, and kept it in my pocket—in consequence of some conversation I had with Shaw I went with her and her father and mother to the prisoner Brown, who is her aunt, and lives at Greenwich—I induced Brown to come to town with me—I called in a policeman, when she was at our house, to hear what Shaw said before her—Shaw said, in her presence, that she had given the gold to her aunt down at Greenwich, and she had expressed a wish to have more—Brown denied it.
Cross-examined by MR. CHARNOCK. Q. Brown came willingly with you!
A. Yes—she had a mangle in the room—I only knew her before by her calling at our house—I have heard that she has been better off.
RICHARD KIBBLE . I am a goldsmith and jeweller in London-street, Greenwich. Brown came to my shop six or seven weeks ago with a small parcel with some fine gold, and leaf gold mixed—she asked me if I bought it—there was about a quarter of an ounce—I asked her what it was—she said she believed it was gold—I said I did not buy it, and she went out of the shop—fine gold is just as it comes from the refiners in small particles.
Cross-examined. Q. I suppose you have no recollection of the time? A. I have not—I was busy and did not take notice—it is six or seven weeks ago—I had never seen her before—I am sure she is the person—I took particular notice of her, from her bringing an article of that description—she said she believed it was gold.
CHARLKS HOOD . I live in London-street, Greenwich. I am a carver and gilder—Brown came to my shop six or seven weeks ago with a roll of paper, and in it there was what I took to be at the time some leaf gold rumpled up, and some particles of silver mixed with it—she asked if I knew what it was—I told her I had no doubt it was gold and silver—she asked me if I bought that—I said, "No."
Cross-examined. Q. This was gold and silver together? A. I have no doubt that it was—I looked at it closely—I did not test it—it appeared to me to be gold leaf and silver as it comes from the refiners, in little lumps—they were such articles as a gold-beater would have.
JOSHUA GOLDER (policeman, M 87). I was called in by the prosecutor on 15th Dec. when the two prisoners were there—Shaw said she had given the lump of gold to her aunt in the street outside the house, and the gold leaf the had taken down to her when she bad a holiday—Brown was discharged, with an order from the Magistrate that she was to be taken again if any fresh evidence was produced—she said she did have a piece of gold, that they offered it for sale in several places, they could not get it sold, and it was thrown into the street,
Cross-examined. Q. How long was she in custody before she was discharged? A. From ten o'clock on Friday night till about eleven on Saturday morning.
MR. WAINWRIOHT re-examined. I have not made Shaw any promise—I never told her to tell me the truth—I have not said so to anybody—her mother-in-law, and her father both said that she had better tell the truth—I made no answer at all.
MARY ANN SHAW (the prisoner.) I have pleaded guilty to this charge; I gave the gold and silver to my aunt, at my master's door; I did it of my own accord; my aunt had come up to see me; I took some of it while my aunt was at the door; she did not know I was taking it; I did not tell her anything; I took some gold leaf which I gave to my aunt down at Greenwich.
CHARLES HOOD re-examined. I asked Brown whether she knew what it was—she said she did not know exactly what it was, and she had some time ago as much as a half-pint pot full of it—she said it was the same as that she brought to me, and that was gold leaf wrapped up and mixed with silver, as if it were damaged—she said she got it from a relative, and I think she said her relative brought it from abroad.
BROWN— GUILTY of receiving. Aged 39.— Confined One Year .
EDWARD RICHARDS . I am a pork-butcher, and life in Lambeth-walk. Manley was in my service about eight months—I marked some pieces of pork—the gates of my slaughter-house open into Lambeth-mews at the back of my house—I have seen a belly of pork marked by me—Fall used to wash the cart, and go on errands for me—Manley recommended him.
Cross-examined by MR. HORRY. Q. I believe the gates open and shut occasionally? A. Yes; people have not access to my slaughter-house—I have lost pork for the last three months.
CHARLES BURGRSS GOFF . On the morning of 29th Dec., I watched the prosecutor's premises—about seven o'clock that morning, I saw Manley come out of the gates, and come to the end of the Mews—he had a jug in his hand—he stood still and whistled—he called Bill three times, and Fall came across the road and spoke to him—they went into a coffee-shop about a hundred yards off—Fall came out in about a minute, and went up the mews—then Manley came out and went into his master's premises—I sent an officer after Fall, and I said to him, "What have you got in this bundle?"—he said, "That is my business"—I took him to the station, and found on him this pork—Manley was away about three minutes before he returned to his master's premises—Fall was never at the prosecutor's premises at all—he could not have taken the pork from there, after he had joined Manley—Fall was carrying this under his arm—when Fall went into the coffee-house he had not anything with him—he passed me close—Manley stood in a position where I could not see him so well as the other officer could.
WILLIAM ATLRE (policeman, L 119). I saw Mauley come out of his master's gates—he stopped at the corner of the mews, whistled three times, and called "Bill"—he had a jug in bis right-hand, and something bulky under his apron—he went into the coffee-shop, Fall came out, and went down the mews—I followed him, and Goff came up and found on him this pork.
Cross-examined. Q. When Manley came out of the slaughter-bouse, where were you? A. On the opposite side—Goff was standing with me—I was in a doorway—Goff left me, and crossed towards the workhouse—he had not so good an opportunity of seeing him as I had.
Fall. I did it myself, and I did it for want; I never saw Manley; it is all false that the officers say about my seeing him—it is my first offence.
MANLEY. NOT GUILTY .
WRIGHT pleaded GUILTY .— Confined One Year.
JOSEPH WEBB . I am a bill-poster for Dr. Brodie of Berner's-street, and live at 1, Tillotson-place, Newington. On 1st Jan., I saw the prisoners together in the London-road—Wright followed Mr. Morisot, put his hand into his tail pocket, took out a handkerchief, and put it into his breast—Tierney was behind, covering him—they crossed the road together, opposite the Surrey Theatre—I saw a policeman there, and told him—I took them both, and then overtook the gentleman in the Westminster-road—I had seen the prisoners trying two gentlemen's pockets before.
JOHN IRWIN (policeman, L 54). I went up to the prisoners, and found a handkerchief in Wright's bosom—Webb told them the charge—they made no answer—on the way to the station, Tierney said he did not know Wright—they had crossed the road together before I took them.
This is my handkerchief—it has my initials on it—I did not miss it till I was told of it.
Tiemeys Defence. I was with two other boys, but the policeman would not let me speak to them—I do not know Wright at all.
JOSEPH WEBB re-examined. There were not other boys there—there were only the prisoners and an elderly gentleman—I saw the prisoners from the top of the London-road till I took them—they stood one behind the other on each of the former occasions—Wright had the handkerchief, but Tierney took bold of it by the Surrey Theatre to look at it.
TIERNEY— GUILTY .* Aged.— Confined Three Months.
(Two persons in Court stated that the witness, Webb, was in the pay of the police, and that he was a convicted thief; Webb admitted being convicted nine years ago.)
ADJOURNED TO MONDAY, JANUARY 29TH, 1819.